[Adopted 3-25-2008 by Ord. No. O-9-2008]
The words hereinafter defined shall have the meanings herein indicated for the purposes of this article as follows:
ANIMAL CONTROL OFFICER
Any person/firm designated by the Township to implement the enforcement of this article.
[Amended 9-23-2008 by Ord. No. O-22-2008]
DOG
Any dog, both male and female, or dog hybrid.
HARBOR
When applied to harboring a dog, to provide a home or habitat for.
NONRESIDENT OWNER
When applied to proprietorship of a dog, a person having a right of property in such dog who himself or herself does not reside on the same lot or within 500 feet of the property tax block and lot where such dog is harbored.
OWNER
When applied to the proprietorship of a dog, every person having a right of property in such dog and every person who has such a dog in his or her keeping.
A. 
The Franklin Township Committee has responded to citizen complaints regarding dogs being harbored at several properties in Franklin Township, while the owners of such dogs reside outside the Township.
B. 
Members of the Franklin Township Committee, the Franklin Township Police Department, Zoning Officer, Solicitor and other Township officials have investigated these properties and have found that these dogs often pose a nuisance to the residents of surrounding properties as they are often left unattended for large periods of time with no one to prevent their uncontrolled barking.
C. 
In addition to disrupting neighboring residents from the quiet enjoyment of their own property, these dogs themselves are often left without adequate food, water and shelter for extended periods of time with no one to tend to them, leaving them at risk for injury, sickness, and other harm.
D. 
It is in the best interest of the residents of the Township of Franklin and in the best interest of the health, safety and humane treatment of dogs that certain regulations be adopted regarding unattended dogs in Franklin Township.
Franklin Township recognizes the need of small businesses to use dogs to protect their business and therefore business owners shall be allowed to apply for a permit to keep dogs on business property, despite the fact that they do not reside where the dog is harbored and may be granted such permit from the Chief of Police of the Township of Franklin upon good cause being shown, such as that dog(s) is the principal agent of protection and prevention against burglary, trespass or other felony.
[Amended 9-23-2008 by Ord. No. O-22-2008]
Any dog(s) found to be harbored upon a property where no owner resides or where no owner resides within 500 feet thereof, and where no permit has been granted for the keeping of dogs upon such property without an owner, shall be deemed to be in violation of this article and may be reported to the Franklin Township Police Department, and/or the Animal Control Officer for further investigation and possible removal by the Animal Control Officer upon proper application and hearing by the Municipal Court Judge for an order granting removal of the identified dogs from the premises of an owner found to be in violation of this article.
Before removal, the owner of any dog in violation of this section shall be served a municipal complaint advising that the dog shall not be kept unattended at the place where the dog is currently residing and that the dog will be seized and will be liable to be offered for adoption or destroyed if action is not taken to remedy the situation within seven days after the service of the notice. Each notice shall contain the date and time that the owner is to appear before the Municipal Court Judge for a hearing where he or she will be given the opportunity to be heard regarding penalties and the disposition of the dog(s). Notice shall be served in the same manner as motor vehicle summons may be served, at the registered address of the dog if the dog is so registered, or if there is no registered address then notice shall be served upon the owner of the property upon which the dog is residing as the presumed owner of such dog(s).
Every person on whom a notice is served shall respond to be heard by the Municipal Court Judge at a hearing to determine the proper disposition of the dog(s) in question and any appropriate fines and/or penalties to be assessed against its owner.
[Amended 9-23-2008 by Ord. No. O-22-2008]
The Animal Control Officer is vested with the authority to remove any dog of a nonresident owner as such dog constitutes the property of a Franklin Township resident and that property may be taken in order to preserve the health and safety of both the dog and the residents of the Township of Franklin should such remedy be determined by the Judge at a Municipal Court hearing to be appropriate.
Any person found in violation of any provision of this article shall be subject to a fine of not less than $100 but not more than $1,000, or imprisonment not to exceed 90 days, or both. Such fine and imprisonment shall be at the discretion of the Municipal Court Judge of the Township of Franklin.
[Amended 9-23-2008 by Ord. No. O-22-2008]
If dogs are removed, the costs of sheltering, caring for, treating, and, if necessary, destroying a dog, including veterinary expenses therefor, until the dog is adjudged forfeited and sold, liberated, or disposed of, shall be borne by the owner of the dog. Should such costs be incurred, the Animal Control Officer shall certify such costs to the officer or officers whose duty it is to assess and levy the taxes of the Township of Franklin and those costs shall thereupon be charged against such lands and premises and become a first and paramount lien upon said lands and premises and shall be added to and become and form a part of the taxes assessed against said lands and premises and shall be collected with and in the same manner as the taxes next to be assessed and levied upon said lands and premises, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.