[HISTORY: Adopted by the Township Committee of the Township of White as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-3-1971 (Ch. 57 of the 1977 Code)]
The following definitions shall be applicable to all provisions of this chapter:
ANIMAL CONTROL OFFICER
The person from time to time holding the position of Animal Control Officer in the Township of White pursuant to the certification and other requirements of N.J.S.A. 4:19-15.16a et seq., and any deputy, assistant or helper of such Officer, and any person or persons designated from time to time as Acting Animal Control Officer.[1]
AT LARGE
Off the premises of the owner and not under control of a member of his immediate family or in the custody of another either by leash, cord or chain or otherwise as in the case of obedience-trained dogs.
BITE
To seize with the teeth or jaws so as to enter, nip or grip the person or thing seized; also to cut, wound, pierce or to impress deeply the person or thing seized.
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop, or where four or more dogs of licensing age are kept or maintained for any reason in any one place or establishment.
OWNER (when applied to the proprietorship of a dog)
Includes every person having a right of property in such dog and every person who has such dog or other animal in his or her keeping. A person shall be deemed to have a dog in his keeping whenever the ownership or custody of any dog is in an unemancipated infant or other member of his or her household.
OWNER'S PREMISES
Includes the building and the plot of land on which said building stands in which the owner of a dog has a place of abode or place of business in the Township.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
TOWNSHIP
The Township of White in the County of Warren.
VICIOUS DOG
Any dog as defined in this section which attacks and bites or attempts to attack and bite persons or dogs or other animals without being incited to do so or which has shown such savagery, fierceness or ferocity as to indicate that it is a threat to the safety of persons.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The position of Animal Control Officer is hereby established under the jurisdiction of the White Township Committee. The Animal Control Officer shall be an employee of the Township of White and subject to the control and direction of the White Township Committee. The duties of the Animal Control Officer shall be the enforcement of the measures and provisions for the control of dogs contained in N.J.S.A. 4:19-15.1 to 19-15.29, inclusive.
No person shall keep within the limits of the Township of White any vicious dog. Any vicious dog found within the limits of the Township of White may be seized by any police officer or by the Animal Control Officer and shall be impounded as hereinafter specified; provided, however, that if any dangerous, fierce or vicious dog is found at large and cannot be seized, taken up and impounded, such dog may be slain by any police officer or Animal Control Officer.
No person shall keep or harbor or suffer the keeping or harboring of any dog within the limits of the Township of White without first obtaining a license therefor, to be issued by the Animal Control Officer of the Township of White upon application by the owner or some person on behalf of the owner and payment of the prescribed fee, and no person shall keep or harbor any dog in said Township except in compliance with the provisions of this chapter and the provisions for the control of dogs contained in N.J.S.A. 4:19-15.1 to 19-15-29, inclusive, and any amendments thereof. Licenses for not more than three dogs for any one household may be issued for the same period. Any additional dog shall make the person or persons owning or harboring it liable for owning or harboring an unlicensed dog unless such person or persons shall be the holder of a kennel or pet shop license.
Any person who shall own, keep or harbor or suffer the keeping or harboring of any dog of licensing age within the Township of White shall, in the month of January and annually thereafter, apply for and procure from the Animal Control Officer a license and official registration tag for each dog so owned, kept or harbored and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.
[Amended 4-1-1977; 6-1-1979; 12-4-1981; 9-2-1983; 7-6-1990; 9-6-1991; 12-27-2002 by Ord. No. 2002-27; 7-10-2008 by Ord. No. 2008-11]
A. 
Fees enumerated.
(1) 
The person applying for the license and the registration tag shall pay a fee of $13 for each unneutered or unspayed dog. The Township of White shall retain $8.80; $1 shall be sent to the New Jersey Department of Health and Senior Services for rabies control pursuant to the provisions of N.J.S.A. 4:19-15.11 and any amendments thereto; $0.20 is to be sent to the New Jersey Department of Health and Senior Services for the pilot clinic fee; and $3 is to be sent to the New Jersey Department of Health and Senior Services for the animal population control fee, pursuant to P.L. 1983, c. 172 (May 4, 1983).[1] For each annual renewal, the fee for the license shall be the same as for the original license, and said license, registration tags and renewals thereof shall expire on the last day of January of each year.
[1]
Editor's Note: See N.J.S.A. 4:19A-1 et seq.
(2) 
The person applying for the license and the registration tag shall pay a fee of $10 for each neutered or spayed dog. The Township of White shall retain $8.80; $1 shall be sent to the New Jersey Department of Health and Senior Services for rabies control pursuant to the provisions of N.J.S.A. 4:19-15.11 and any amendments thereto; and $0.20 shall be sent to the New Jersey Department of Health and Senior Services for the pilot clinic fee. For each annual renewal, the fee for the license shall be the same as for the original license, and said license, registration tags and renewals thereof shall expire on the last day of January of each year. The applicant for a license and registration tag pursuant to this subsection must present a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered.
B. 
A monthly late charge of $2 per dog shall be charged to the owner(s) of said dog who fail(s) to obtain a license prior to the annual due date of February 1.
C. 
A late charge of $20 will be charged to the holder(s) of a kennel license, who fails to obtain a license prior to the annual due date of June 30.
[Amended 11-9-2017 by Ord. No. 2017-6]
No owner of any dog shall permit such dog to be upon any private property, other than the premises of the owner, without consent of the owner or tenant of such private property. No owner of any dog shall permit such dog to run at large upon the public streets or in any public park or in any public building or in any other public place within the Township.
The Animal Control Officer of the Township of White, when in immediate pursuit of a dog or dogs which he may lawfully seize or impound under the provisions of this chapter or under the statutes of the State of New Jersey, is hereby authorized to go upon or enter into any premises, but not to enter an inhabited dwelling house without permission of the owner, to seize such dog or dogs for impounding, and such entry shall not be deemed a trespass, except that he may not go upon any premises if the owner thereof or the owner's representative is present and forbids him to do so. A suitable animal pound or equivalent facilities shall be provided by the Township of White, and it shall be the duty of the Animal Control Officer to clean and otherwise take care of said pound or facility and feed regularly and give other necessary care to any and all animals impounded therein.
It shall be the duty of the Animal Control Officer to apprehend and take into custody and impound or cause to be taken into custody and impounded any vicious dog or any dog found running at large contrary to the provisions of § 76-7 and to impound such dog in the municipal pound or other suitable place. A complete registry of all such dogs so seized shall be made, which shall include the breed, color and sex of such dog and whether licensed. If licensed, the name and address of the owner and the number of the license tag shall be recorded.
If any dog seized or impounded in accordance with the provisions of this chapter shall wear a collar or harness having inscribed thereon or attached thereto the name and address of any person or registration tag, or the owner or person keeping or harboring said dog is known, the Animal Control Officer shall forthwith serve upon the person whose address is given on the collar or upon the owner or person keeping or harboring said dog, if known, notice in writing stating that the dog has been seized and will be liable to be disposed of or destroyed or offered for adoption if not claimed within seven days after the service of the notice.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
When any dog has been seized in accordance with the provisions of this chapter and has been detained for seven days after such notice, when notice has been given as set forth in § 76-10, or has been detained for seven days after seizure when no notice has been given as set forth in § 76-10, and if the owner or person keeping or harboring said dog shall not have claimed such dog and paid all expenses incurred by reason of its detention as hereinafter specified, and if the dog be unlicensed at the time of seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Control Officer may cause the dog to be destroyed in a manner causing as little pain as possible or offered for adoption.
[Amended 9-9-2010 by Ord. No. 2010-6]
B. 
The following charges shall be paid to the Township of White as expenses incurred by reason of detention in accordance with the provisions of this section:
(1) 
Impounding any dog: $10.
[Amended 2-4-1977]
(2) 
Maintenance per day: $3.50.
[Amended 6-1-1979; 5-7-1982]
(3) 
Giving notice: $2.
[Amended 4-1-1977]
C. 
The charges specified herein shall be paid to the Board of Health of the Township of White and a receipt shall be delivered to the person paying such charges, which receipt will be the authority for the Animal Control Officer to release the dog to the owner or person claiming the dog.
No person shall hurt, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.[1]
[1]
Editor's Note: Original § 57-13, Rabies quarantine; muzzling, which immediately followed this section, was deleted 9-9-2010 by Ord. No. 2010-6.
Any person who shall bring or cause to be brought into the Township of White any dog licensed in a state other than New Jersey for the current licensing year and shall keep the same in the said Township for a period of more than 90 days shall immediately apply for a license and registration tag for such dog.
Any person who shall bring or cause to be brought into the Township of White any unlicensed dog and shall keep the same in said Township for a period of more than 10 days shall immediately apply for a license and registration tag for such dog.
[Amended 9-6-1991; 3-4-2004 by Ord. No. 2004-3; 3-8-2012 by Ord. No. 2012-2]
Any person who keeps or operates a grandfathered kennel or pet shop, or has obtained a use variance from the Board of Adjustment for such operation, shall apply to the Animal Control Officer every year for a license entitling him/her to keep or operate such an establishment.
A. 
Any kennel or pet shop to be licensed hereunder shall be so located, constructed, arranged and operated in such manner that it is not a nuisance as to noise, odors or actions in the neighborhood and further in such manner that the dogs maintained therein cannot come in contact with other dogs not owned or maintained by the owner of the kennel or pet shop.
B. 
The application shall describe the premises where the establishment is located or is proposed to be located and the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the Board of Health of the Township showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments and compliance with this chapter.
C. 
All licenses issued for a kennel or pet shop shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the 30th day of June each year and be subject to revocation by the Township Committee upon recommendation of the State Department of Environmental Protection or the Board of Health of the Township for failure to comply with the rules and regulations of the State Department or the Board of Health of the Township governing the same, after the owner has been afforded a hearing by either the State Department or the Board of Health of the Township.
D. 
Any person holding a kennel license shall be required to secure individual licenses and registration tags for each dog owned by such kennel licensee and/or kept at such establishment; such individual dog licenses and registration tags shall not be transferable to another dog owner or kennel licensee. The cost of such individual dog licenses and registration tags shall be as set forth in § 76-6.
E. 
The annual license fee for a kennel providing accommodations for 10 or less dogs shall be $10, and for more than 10 dogs, $25. The annual license fee for a pet shop shall be $10.
F. 
All license fees and other moneys collected under this section shall be forwarded to the Treasurer of the Township within three days after collection or receipt and shall be accounted for and spent in accordance with N.J.S.A. 4:19-15.11, as amended.
G. 
Any person, firm or corporation who fails to obtain the proper licensing for a kennel or pet shop by the 30th day of June each year shall be subject to the penalties set forth in § 76-16.
[Amended 4-1-1977; 9-9-2010 by Ord. No. 2010-6; 3-8-2012 by Ord. No. 2012-2]
Any person violating the provisions of this chapter shall, upon conviction thereof, be punished for each offense by a fine not exceeding $500 or by imprisonment for any term not exceeding 10 days, or both.
[Adopted 9-9-2020 by Ord. No. 2020-05]
Any person who owns, keeps or harbors any cat located within the Township of White or permits a cat to enter the corporate limits of the Township of White shall exercise sufficient and proper care and control over such animal at all times so as to prevent the animal from becoming a public nuisance or otherwise violating this section.
No person owning, keeping or harboring any cat shall permit it to soil, defile, or commit any nuisance on any other privately owned property. This provision shall apply to all privately owned property in the Town except the property of the owner or keeper of the cat and the property owned or controlled by persons who have invited or permitted the owner or keeper of a cat to bring such cat upon the premises.
No person owning or keeping a cat shall permit such cat to become a public nuisance as defined herein.