The words herein defined shall have the meanings herein indicated
for the purpose of this article as follows:
An animal of any age which has been left unattended or unclaimed
for a period of 72 hours or more.
Any method utilized to prevent reproduction of a dog or cat.
For the purposes of this article, an animal refers to a dog,
cat, or domesticated animal.
A structure used for housing an animal outdoors on private
property or business property.
A multiple dwelling containing six dwelling units or more.
An unleashed animal off the premises of the owner.
Any animal of the feline species (Felis catus).
An establishment for the treatment, care, boarding, or training
of dogs or cats for a fee, or a place where dogs or cats are bred
for resale or for a fee; and where the business is the primary source
of income; and where such establishment has been currently inspected
and approved for use by the Gloucester County Health Department and
any other applicable state agencies.
Any animal of the canine species (Canis familiaris) except
dingoes.
Any dog which has attained the age of six months or which
possesses a set of permanent teeth.
An animal tamed and adapted to live in close association
with and to the benefit of humans.
Restrained by a leash no greater than six feet in length,
attached to a collar or harness of sufficient strength to restrain
the animal and which shall be held by a person having the ability
to control the animal at hand.
Any person having a right of property in any animal, or any
person who has an animal in his/her custody, or any person offering
or allowing access to food, water or shelter to an animal, or any
person exercising control over an animal or permitting, allowing or
suffering an animal to remain on premises under his/her control, or
anyone who takes an animal out into the public streets, sidewalks
or public ways.
An individual, firm, partnership, corporation or association
of persons.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
Any dog or dog hybrid declared potentially dangerous by a
municipal court pursuant to § 7 of P.L. 1989, c. 307 (N.J.S.A.
4:19-23).
See "shelter."
A block and lot with an occupied dwelling unit or dwelling
units on it.
An animal that causes damage to public or private property
or causes harm to any person.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
An animal having no known owner or custodian.
To confine an animal with rope, chain, or similar material
by which an animal is fastened so that it is able to range or feed
only within certain limits.
Any Township code enforcement official, Elk Township Police
Department officer, Gloucester County animal control officer, the
Municipal Clerk, or any other official or person assigned or designated
by Mayor and Committee.
Any dog or dog hybrid declared vicious by a municipal court
pursuant to § 6 of P.L. 1989, c. 307 (N.J.S.A. 4:19-22).
Number of dogs permitted. A property within the Township of
Elk shall be limited to five dogs, with the exception of those having
a valid commercial kennel license. Apartment complexes shall be exempt
from this section, subject to the requirements of such apartment complex.
A.
License requirement. No person shall own, keep, harbor, or maintain
any dog over six months of age within the Township of Elk unless such
dog is licensed. The provisions of this section do not apply to dogs
held by a state or federally licensed research facility, a veterinary
establishment, shelter, pound, licensed commercial kennel, or pet
shop. No dog may be licensed without proof of vaccination as detailed
below.
B.
Dogs subject to the licensing requirement. All dogs are subject to
the following licensing requirements:
(1)
Any dog acquired by any person during the course of any calendar
year and kept within the Township for more than 10 days after acquisition.
(2)
Any dog attaining licensing age during the course of the calendar
year.
(3)
Any unlicensed dog brought into the Township by any person and kept
within the Township for more than 10 days.
(4)
Any dog licensed by a Township or municipality of another state brought
into the Township by any person and kept within the Township for more
than 90 days.
C.
Previously licensed pets. Only one license and registration tag shall
be required in any licensing year for any dog owned in New Jersey,
and a license and tag issued by any other municipality in this state
shall be accepted by the Township as evidence of compliance with this
section. However, upon the expiration of the license for that dog
issued by another municipality of this state, said dog shall be so
licensed in accordance with this article. The owner of any such dog
shall provide to the Township a copy of the license which was issued
by the other municipality.
D.
Licensing and fees.
(1)
All dogs within the limits of the Township of Elk shall be licensed
in accordance with New Jersey statutes, and the licensing fee therefor
shall be as follows:
(2)
A late fee of $10, in addition to the fees set forth above, shall
be imposed upon an owner where a dog within the Township limits qualifying
for a license on the first day of each year is not licensed before
the first day of March of each calendar year.
[Amended 5-3-2012 by Ord. No. O-3-2012; 4-2-2015 by Ord. No. O-4-2015]
(3)
Any owner who fails to obtain a license for a dog as required herein
shall, upon conviction thereof, be subject to a fine not to exceed
$2,000.
Any person who harbors or possess any dog for a period of 15
days or more shall, for the purpose of this article, be deemed to
be the owner of the dog or dogs so harbored or possessed.
All applications for dog licenses shall be made to the Township
Clerk or other official designated by the Township Committee, who
shall maintain an account of registration information for the purpose
of registering the name of the person or persons owning, keeping,
possessing or harboring any dog or dogs, and the number shall be entered
therein and a number for each application for registration of such
dog or dogs shall be issued in the order in which the applications
are made. The application shall state the breed, sex, age, color and
markings of the dog for which license and registration are sought
and whether it is of a long- or short-haired variety; also the name,
street and post office address of the owner and the person who shall
keep or harbor such dog. The information on said application and the
registration number issued for the dog shall be preserved for a period
of three years by the Township Clerk. In addition, he or she shall
forward similar information to the State Department of Health each
month, on forms furnished by said Department.
Dogs used as guides for blind persons and commonly known as
"Seeing Eye" dogs, dogs used to assist handicapped persons and commonly
known as "service dogs," or dogs used to assist deaf persons and commonly
known as "hearing ear" dogs shall be licensed and registered as other
dogs hereinabove provided for, except that the owner or keeper of
such dog shall not be required to pay any fee. Police dogs on active
duty and not retired are likewise exempt from the payment of any fee.
All dogs within the Township of Elk shall be vaccinated against
rabies in accordance with the following:
A.
Vaccination shall be performed by a veterinarian licensed to practice
in the State of New Jersey. The vaccine used shall be from a manufacturer
licensed by the Bureau of Animal Husbandry of the United States Department
of Agriculture or such other agency as shall be approved by the State
Department of Health. The dosage shall be as recommended by the manufacturer.
All dogs shall be revaccinated before the expiration of the period
of time for which the vaccine used is known to be effective.
B.
The Township Clerk may exempt any dog from the provisions of this
subsection if there is presented to him/her a certificate from a licensed
veterinarian stating that it would be undesirable to vaccinate a particular
dog for a specified period of time because of the animal's age, infirmity
or other physical condition.
C.
No vaccination shall be required for any dog confined to a licensed
kennel, pet shop, shelter, pound or veterinary hospital.
D.
The fact that a dog has been vaccinated against rabies shall be evidenced
by a certificate from the veterinarian performing the vaccination.
The certificate shall either be on a form approved by the State or
County Board of Health Officer or a standard immunization certificate
shall be used by the veterinarian. The certificate shall be presented
to the Township official within 10 days after each vaccination. In
the case of dogs vaccinated before being brought into the Township,
the certificate shall be presented to the Township official within
10 days after the animal is brought into the Township.
E.
No dog license shall be issued until the certificate indicating that
it has been vaccinated against rabies or the certification that it
is not necessary to vaccinate the dog is presented.
A.
All dogs for which licenses are required by the provisions of this
article shall wear a collar or harness with the registration tag for
such dog securely fastened to it. No person, except an appropriate
officer in the performance of his or her duties, shall remove a registration
tag from the collar of any dog without consent of the owner, nor shall
any person attach a registration tag to a dog which was not issued
in accordance with this article.
B.
Substitute tags may be issued upon proof, from the owner sufficient
to satisfy the Township Clerk, of the loss of the original tag. Any
owner so obtaining such substitute tag or tags shall pay an additional
fee of $1 for each and every substitute tag.
Any dog owner who shall suffer, allow or permit any unlicensed
dog to run at large or shall suffer, allow, or permit any dog, whether
licensed or not, to run at large without the tags as provided by law
or who shall cause or permit any unlicensed dog to wear such a tag
shall be guilty of a violation of this article.
Pursuant to N.J.S.A. 4:19-17 et seq., if the municipal court
declares any dog to be potentially dangerous, it shall issue an order
and a schedule for compliance which, in part:
A.
Shall require the owner to comply with the following conditions:
(1)
To apply, at his or her own expense, to the Municipal Clerk or other official designated to license dogs, for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to § 60-14 of this chapter. The owner shall, at his or her own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number, and red identification tag.
(2)
To display, in a conspicuous manner, a sign on his or her premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to Subsection A(3) of this section.
(3)
To immediately erect and maintain an enclosure for the potentially
dangerous dog on the property where the potentially dangerous dog
will be kept and maintained, which has sound sides, top and bottom
to prevent the potentially dangerous dog from escaping by climbing,
jumping or digging and within a fence of at least six feet in height,
separated by at least three feet from the confined area. The owner
of a potentially dangerous dog shall securely lock the enclosure to
prevent the entry of the general public and to preclude any release
or escape of a potentially dangerous dog by an unknowing child or
other person. All potentially dangerous dogs shall be confined in
the enclosure or, if taken out of the enclosure, securely muzzled
and restrained with a tether approved by the Animal Control Officer
and having a minimum tensile strength sufficiently in excess of that
required to restrict the potentially dangerous dog's movements to
a radius of no more than three feet from the owner and under the direct
supervision of the owner.
B.
May require the owner to maintain liability insurance in an amount
determined by the municipal court to cover any damage or injury caused
by the potentially dangerous dog. The liability insurance, which may
be separate from any other homeowner policy, shall contain a provision
requiring the municipality in which the owner resides to be named
as an additional insured for the sole purpose of being notified by
the insurance company of any cancellation, termination or expiration
of the liability insurance policy.
C.
Appeal of decision. The owner of the dog, or the Animal Control Officer
in the municipality in which the dog was impounded, may appeal any
final decision, order, or judgment, including any conditions attached
thereto, of a municipal court pursuant to P.L. 1989, c. 307 (N.J.S.A.
4:19-17 et seq.), by filing an appeal with the Superior Court, Law
Division, in accordance with the Rules Governing the Courts of the
State of New Jersey pertaining to appeals from courts of limited jurisdiction.
The Superior Court shall hear the appeal by conducting a hearing de
novo in the manner established by those rules for appeals from courts
of limited jurisdiction.
A.
General requirements. No person shall at any time cause or allow
any dog or domesticated animal to be kept outside on private or public
property within the Township of Elk excepting that:
(1)
The animal shall have access to and be provided with suitable and
edible food of sufficient quantity on a daily basis and replenished
at a minimum of every 12 hours.
(2)
The animal shall at all times have access to and be provided with
clean water (cool in summer and unfrozen in winter.)
(3)
The animal shall have access to an area to defecate or urinate separate
from the areas where it must eat, drink or lay down.
(4)
Fecal matter must be removed on a daily basis, when the dog is either
tethered or confined within a fenced area not exceeding 100 square
feet.
(5)
The primary area where the animal is kept must be located behind
the principal dwelling on the property.
(6)
It shall be prohibited to allow any dog, cat or domesticated animal
to be kept outdoors at any vacant structure or premises at any time.
B.
Animal housing. No person shall keep, use, or maintain a dog or domesticated
animal outdoors on any premises unless such animal has access to housing
meeting all of the following:
(1)
The housing shall be provided with five weatherproof sides, including
a top, a bottom and minimum of three sides. The housing must have
an entrance covered by a self-closing swinging door or covering or
an "L" shaped entrance to prevent the wind and elements from entering
the house.
(2)
The housing must be moisture proof, weathertight, and maintained
in good repair.
(3)
The housing must be placed in a dry area free of debris, feces, and
standing water.
(4)
The housing shall be cleaned on a daily basis and maintained in a
clean and sanitary condition.
(5)
If multiple animals are present in one location, each animal must
have separate and clean housing.
C.
Tethering. No person shall at any time fasten, chain, or tether any
dog or domesticated animal or cause or allow such animal to be fastened,
chained, or tethered on private or public property within the Township
of Elk excepting that:
(1)
Any restraint system shall be situated and terminate no less than
10 feet from any adjacent property boundary.
(2)
Any restraint system must be situated and terminate no less than
five feet from any fence, pool, wall, vehicle, tree, or any other
object or obstruction upon which any animal may harm itself.
(3)
The tether is to be constructed of a secure lightweight material
that shall not exceed 1/8 of said animal's total body weight.
(4)
The animal must be provided with a properly fitting harness or buckle-type
collar. Such collar attaching the tether to the animal shall be constructed
of leather, nylon, or comparable material. Said collar shall be maintained
in good condition. Metal and choke collars are prohibited.
(5)
The tether shall be at least 15 feet in length and not less than
3 1/2 times the length of the animal, whichever is longer, as
measured from the animal's nose to the base of its tail.
(6)
The tether shall be provided with swivels at both ends and shall
be maintained tangle free.
(7)
Tethered dogs must be altered or sterilized. The tethered animal
shall have access to adequate animal housing in accordance with the
following section of this article.
(8)
It shall be prohibited to tether any dog less than six months of
age.
(9)
It shall be prohibited to tether animals to barrels, vehicles, any
object which is not stationary, or other objects which may harm or
injure the animal.
D.
Fencing. No person shall at any time cause or allow any dog or domesticated
animal to be kept within a fenced area on private or public property
within the Township of Elk excepting that:
(1)
Any dog or domesticated animal confined within a fenced area must
have adequate space for exercise and movement, which shall not be
less than 100 square feet.
(2)
The fencing shall be constructed and maintained as to prevent the
animal from leaving or escaping the fenced area and to prevent other
animals from entering the fenced area.
A.
Habitual barking. No person shall own any dog which habitually cries
or barks in a manner which would annoy or disturb a reasonable person.
An "annoyance or disturbance," for the purpose of this section, shall
be defined as barking, howling or crying continuously for a period
of 30 minutes or more or intermittently for 60 minutes or more. A
violation of this section shall subject the owner of the offending
dog to the penalties for a violation of this chapter.
B.
Running at large; leash required; certain public places prohibited.
No person owning a dog shall permit it to run at large upon the public
streets, public parks, public buildings or in any other public place
with the Township nor permit a dog to run at large upon private property
without the permission of the owner. No person owning a dog shall
permit it upon the public streets or in any other public place in
the Township unless the dog is accompanied and controlled by a person
over the age of 10 and is securely fastened to a leash. Notwithstanding
the provisions of this section, it shall be a violation of this chapter
for any person owning, keeping or harboring any dog to suffer or permit
such dog, whether on a leash or not, to be upon any parks, recreation
or athletic fields owned, maintained or operated by the Township of
Elk or upon any property owned, maintained or operated by the Board
of Education of the Township of Elk.
C.
Damage to property prohibited. No person owning or in control of
a dog or cat shall allow it to damage any lawn, shrubbery, flowers
or grounds of any public park, public building or other public place
within the Township or upon any private property.
D.
Damage or injury to other property, pets or persons is prohibited.
It shall be a violation of this chapter for an owner of a dog to suffer,
allow, or permit the following prohibited acts:
(1)
Bite, chase, jump upon, interfere with or otherwise impede pedestrian
traffic or the mobility of any person on public property or within
a public sidewalk or right-of-way.
(2)
Chase, leap upon, interfere with, or otherwise impede the progress
of any bicyclist or other person utilizing self-powered transportation
or motor vehicle or motorized transportation on any public or private
road, public property, or with a public right-of-way.
(3)
Barks, growls, or otherwise displays aggressive behavior towards
a human being and places in such person a reasonable apprehension
of bodily harm or injury.
(4)
To destroy or damage any structure or equipment on any public park,
public building or other public place or upon private property.
E.
Defecation on public or private property prohibited; exception.
(1)
No person owning, harboring, keeping or in charge of any dog shall
cause, suffer or allow such a dog to soil, defile, or defecate on
or commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypass, park, open space area or any place where people congregate
or walk or upon any public property whatsoever, or upon any private
property without the permission of the owner of the property.
(2)
Notwithstanding anything contained in Subsection E(1) to the contrary, the restrictions as set forth above shall not apply to that portion of the street lying between the curblines which shall be used to curb such dog upon the following conditions:
(a)
The person who curbs the dog shall immediately remove feces
deposited by the dog by a sanitary method, such as in a sealed, nonabsorbent,
leakproof container (i.e., plastic bag).
(b)
The feces removed from the aforementioned designated area shall
be disposed of by the person owning, harboring, keeping or in charge
of any dog curbed in a sanitary manner but shall not be placed in
a public trash receptacle or storm drain.
(3)
Any owner or person in custody of any dog being walked upon any common thoroughfare, sidewalk, street, passageway, path or any place where people congregate must have in his or her possession a sealed, nonabsorbent, leakproof container as described in Subsection E(2)(a) above, and appropriate materials or devices to remove feces deposited by the animal. The failure to possess such container and materials to clean up feces deposited by the animal shall constitute a violation of this chapter.
(4)
The requirements of this section shall not apply to the owner of
any dog when said dog is utilized as a guide for any person or owner
who is legally blind.
The Township Committee of the Township of Elk shall have the
power to appoint some suitable and fit person or corporation to be
known as the "Animal Control Officer," and it shall be the duty of
such officer, in addition to the implied duties hereby conferred,
to carry out the provisions of and enforce this chapter.
[Added 10-4-2018 by Ord.
No. O-7-2018]
Gloucester County Animal Control Officers (GCACO), or other
designate, may investigate, and/or require compliance for violations
pursuant to N.J.S.A. 4:22. In the event the GCACO, or designate sees
or recognizes a potential criminal situation, or the need arises where
a criminal investigation is warranted, the GCACO shall make contact/report
to the Municipal Humane Law Enforcement Officer for further action.
The GCACO may continue to contribute to the investigation as requested
or required.
A.
Impounding, right of entry and notice to owner.
(1)
Any Township official of the Township of Elk empowered to perform
any duty under this chapter is hereby authorized to take into custody
and impound any of the following dogs:
(2)
If any dog impounded and seized that is wearing a registration tag
attached to its collar or harness, having inscribed on it or attached
to it the name and address of any person or the owner of the dog,
a notice shall be given in writing and served on the premises of the
person or owner within 24 hours of the seizure stating that the dog
has been seized and will be liable to be disposed of or destroyed
if not claimed within seven days after the service of this notice.
Notice may be served either by delivering it in person on whom it
is to be served or by leaving it at the person's usual or last known
place of abode or at the address given on the dog's collar or by forwarding
it by mail in a prepaid letter addressed to that person at such address.
(3)
Any officer authorized or empowered to perform any duty under this
chapter is hereby authorized to go upon any premises to seize for
impounding any such dogs when such officer is in immediate pursuit
of such animal.
B.
Destruction of impounded dogs. When any dog has been detained for
seven days after notice as set forth above has been given, or has
been detained for seven days after seizure when notice has not been
given due to the owner of such animal being unknown, and that the
owner or person keeping or harboring the dog whose name is on the
tag of the registration has not claimed the dog and paid all expenses
incurred by reason of its detention, including any applicable redemption,
maintenance, or other fees, and the appropriate licensing fees paid
in full and proof of vaccination produced, the dog may be destroyed
in an appropriate and humane manner or may be adopted by a responsible
party. All fees as set forth herein may be paid directly to the Township
official empowered to receive such fees.
A.
Biting of person by dog or cat. When any dog or cat bites a person,
the Township official may order the owner of the dog or cat to confine
it, either on the owner's premises, or at any other reasonable location
at the owner's sole cost and expense which the officer shall designate,
for a period of not less than 10 days.
B.
Examination of confined animal. The Animal Control Officer or officer of the County Department of Health or Township official shall have the right to examine any dog or cat confined under the provisions of Subsection A, herein at any time, including daily examinations for a period of 10 days after the dog or cat has attacked or bitten any person, to ascertain whether the animal shows signs or symptoms of rabies.
C.
Release of animals confined. Following the passage of 10 days as required by Subsection A herein, any animal so quarantined shall be released, but only upon the issuance of a certificate of release which shall indicate that the animal appears to be healthy and free from rabies. Said certificate shall be maintained by the appropriate Township official, and a copy shall be provided to the owner and individual bitten by the animal upon its release.
Any person who keeps or maintains six or more dogs or operates
or proposes to establish a kennel, a pet shop, a shelter or a pound
shall apply to the Township Clerk, or other official designated by
the Township Committee, for a license to operate such establishment.
Said applicant shall comply with the applicable development regulations
of the Township and N.J.S.A. 4:19-15.8. No property within the Township
shall have or maintain six or more dogs of licensing age unless the
property is licensed as a kennel, pet shop, shelter, or pound. 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 Gloucester County Department of Health showing compliance
with the local and state rules and regulations governing location
of and sanitation at such establishments. All licenses issued for
a kennel, pet shop, shelter or pound shall state the purpose for which
the establishment is maintained, and all such licenses shall expire
on the last day of June of each year and be subject to revocation
by the municipality on recommendations of the State Department of
Health or the County Department of Health for failure to comply with
the rules and regulations of the State Department or County Department
governing the same, after the owner has been afforded a hearing by
either the State Department or County Department. Any person holding
such license shall not be required to secure individual licenses for
dogs owned by such licensee and kept at such establishments; such
licenses shall not be transferable to another owner or different premises.
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. No fee shall be
charged for a shelter or pound.
No dogs kept in a kennel, pet shop, shelter or pound shall be
permitted off such premises except on a leash or in a crate or other
safe control.
The Animal Control Officer, Township Clerk or other official
designated by the Township Committee shall biennially cause a canvass
to be made of all dogs owned, kept or harbored within the limits of
the Township of Elk.
A.
License fees received under the provisions of this article shall
be forwarded to the Treasurer of the Township within 48 hours after
collection or receipt and shall be placed in an account separate from
any of the other accounts of the Township, which funds shall be used
for the following purposes only: payment of the cost for providing
animal care pursuant to a contract with an Animal Control Officer;
for local prevention and control of rabies; for providing antirabies
treatment under the direction of the County Board of Health for any
person known or suspected to have been exposed to rabies; and for
enforcing and administering the provisions of this article. Any unexpended
balance remaining in such special account shall be retained therein
until the end of the third fiscal year following and may be used for
any of the purposes set forth in this section. At the end of the third
fiscal year following and at the end of each fiscal year thereafter,
there shall be transferred from such special account to the general
funds of the Township any amount then in such account which is in
excess of the total amount paid into said special account during the
last two fiscal years next preceding.
B.
The registration tag fee of $1 for each dog shall be forwarded to
the State Department of Health within 30 days after collection by
the Township Clerk or other official designated by the Township Committee.
The provisions of this article shall not apply to any male or
female dog under the age of seven months.
[Amended 10-4-2018 by Ord. No. O-7-2018]
Any person who shall in any way hinder or interfere with the
Township Official, Animal Control Officer, police officers or officials,
constables, canvassers or any other peace officers in the performing
of their duty under the provisions of this chapter, or who shall refuse
to give information to any person making the canvass herein provided
for, or who shall take a dog from the dog pound except upon redeeming
such dog in the manner as provided by this article, or who shall break
or injure such dog pound, shall be deemed to have violated the provisions
of this chapter.
