As used in this chapter, the following terms
shall have the meanings indicated:
ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the State
of New Jersey to enforce the provisions of this chapter.
AT LARGE
Any dog or cat, licensed or unlicensed, registered or unregistered,
muzzled, unmuzzled, traveling unattended by at least one person and
under no control by harness, rope, leash on other proper controlling
device.
CAT
A domesticated carnivore, Felis Domestica, bred in many varieties,
of either sex of variety, whether or not neutered or spayed.
DOG
A domesticated carnivore, Canis Familaris bred in many varieties,
of either sex or variety, whether or not neutered or spayed.
FARM
A tract of land of six acres or more.
KENNELS
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
LICENSING AUTHORITY
The Clerk of the Township of Florence or any designated representative
thereof charged with administering the issuance and revocation of
permits and licenses under the provisions of this chapter.
NEUTERED
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
OWNER
When applied to the proprietorship of a dog or cat, includes
every person having a right of property or custody in such dog or
cat, and every person who has such dog or cat in his/her keeping or
who harbors or maintains a dog or cat or knowingly permits a dog or
cat to remain on or about any premises occupied by that person.
PERSON
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
PET STORE
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs or cats for sale are kept or displayed.
PUBLIC NUISANCE
Within the purview of this chapter, a dog or cat shall be
considered a public nuisance if it has no known owner or custodian
or if it has no known place of care or shelter or if it habitually
trespasses upon or damages either private or public property or annoys,
bites, scratches or harms lawful uses or occupants thereof.
[Amended 5-6-2009 by Ord. No. 2009-10]
A. It shall
be unlawful for any dog or cat to travel at large either upon the
public streets or other public or private places, other than upon
the private property of the owner or keeper of such dog or cat within
said Township of Florence.
B. It shall
be unlawful for any dog or cat to be allowed to enter upon any portion
of public properties used for organized sports and other recreation
activities or services, including but not limited to those areas used
for baseball and softball fields, football and soccer fields, basketball
and tennis courts, tot-lots and play areas, batting cages and warm-up
areas, memorial gardens and monument areas.
The Township of Florence is hereby authorized
to rent or otherwise prepare a suitable place or places, within or
without said township, to be used as a public pound for the retention,
care and maintenance of any dog or cat seized or otherwise taken under
the authority of this chapter.
The Mayor and Council shall have the power to
appoint one or more animal control officers for such period or periods
of time as it may deem advisable. The animal control officer will
have the authority to enforce all provisions of this chapter.
Whenever any dog or cat, as indicated in §
41-3 of this chapter, shall be found traveling at large, it shall be the duty of any animal control officer or of any member of the uniformed Police Department of said township, or other persons thereby designated and authorized, to seize or otherwise take into possession such dog or cat and to take or transport such dog or cat to the public pound established for such purpose and thereto be retained. If said dog or cat shall not have been redeemed by payment of costs and charges as authorized by law within seven days following its detention, said dog may be offered for adoption upon public notice being provided, as required by N.J.S.A. 4:19-15.16, and notice that such dog or cat will be offered for adoption given to the owner or keeper of such dog or cat, if known; or if the name and address of the owner or keeper of such dog or cat cannot be reasonably ascertained and, in the opinion of said animal control officer or Police Department, such dog or cat is not valued at the amount of costs and charges assessable against it and it is not reclaimed within seven days after notice, when such notice can be given, said animal control officer or Police Department may cause said dog or cat to be destroyed in any manner causing as little pain as possible.
This chapter shall not be deemed to be inconsistent
with any law of the State of New Jersey controlling the licensing
of dogs or cats and kennels, but only as supplemental thereto.
Any and all costs incident to the seizing or
taking or detention of any dog or cat by virtue of this chapter shall
be paid by the owner of said dog or cat.
No dog or cat shall be issued a license or registration
tag unless the owner thereof provides evidence that said dog or cat
has been given a rabies vaccine of a type approved by and administered
in accordance with the recommendation of the United States Department
of Agriculture and the United States Department of Health, Education
and Welfare, or has been certified to be exempt by the regulations
of the State Department of Health of the State of New Jersey.
[Amended 10-20-2010 by Ord. No. 2010-17]
A. It shall be the duty of the Chief of Police to receive and investigate
complaints involving attacks or bites by any dog, including dog-fighting
activities in the training or encouragement of dogs to make unprovoked
attacks upon persons or domestic animals.
B. It shall be the duty of all appropriate Township officials to enforce
the provisions of N.J.S.A. 4:19-17 et seq. as applicable within the
Township.
C. Potentially dangerous dogs, license required. Where a dog has been
declared potentially dangerous by the Municipal Court in accordance
with the provisions of this section, the owner shall, within the time
provided in the Court's order, or, in any event, not less than 60
days from the date of the Court's decision, obtain a special potentially
dangerous dog license, registration number and red identification
tag. The fee for such license, and renewals thereof, shall be $700.
Renewals shall be made at the same time and manner as ordinary dog
licenses, except that the same registration number shall be reissued
for the life of the dog. In addition, the owner shall, at his own
expense, have the registration number tattooed upon the dog in a prominent
location. The time for compliance shall be tolled by the filing of
an appeal.
D. In order to receive a license, the owner must comply with the following
conditions:
(1) Display, in a conspicuous manner, a sign on his premises warning
that a potentially dangerous dog is on the premises. The sign shall
be visible and legible from 50 feet of the enclosure.
(2) Immediately erect and maintain an enclosure for the potentially dangerous
dog on the property where the dog will be kept and maintained, which
has sound sides, top and bottom to prevent the 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 shall securely lock the enclosure to prevent the entry of
the general public and to preclude any release or escape of the 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 Chief
of Police and having a 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.
(3) If required by the Municipal Court, provide proof of liability insurance
in an amount specified by the Court to cover any damage or injury
caused by the dog. The liability insurance, which may be separate
from any other homeowner policy, shall contain a provision naming
the Township Clerk as a party to be notified by the insurance company
in the event that the policy is canceled or terminated or expires.
E. Seizure and impoundment:
(1) The Chief of Police, or other designated official, shall seize and
impound a dog when the officer has reasonable cause to believe that
the dog:
(a)
Attacked a person and caused death or serious bodily injury,
as defined in N.J.S.A. 2C:11-1b, to that person;
(b)
Caused bodily injury, as defined in N.J.S.A. 2C:11-1a, to a
person during an unprovoked attack and poses a serious threat of harm
to persons or domestic animals;
(c)
Engaged in dog-fighting activities as described in N.J.S.A.
4:22-24 and 4:22-26; or
(d)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
(2) The dog shall be impounded until the final disposition as to whether
the dog is vicious or potentially dangerous. Subject to the approval
of the Chief of Police, the dog may be impounded in a facility or
other structure agreeable to the owner.
F. It shall be the responsibility of the Municipal Court of the Township of Florence to determine whether a dog is vicious or potentially dangerous pursuant to N.J.S.A. 4:19-17 et seq. The Court may impose a fine in accordance with penalties as provided in §
1-10 of the Florence Code.
G. Cost of impoundment and destruction. If a dog is declared vicious
or potentially dangerous and all appeals pertaining thereto have been
exhausted, the owner of the dog shall be liable to the Township for
the accrued costs and expenses of the impoundment and/or destroying
the dog. The owner shall incur that expense of impounding the dog
in a facility other than the municipal pound, regardless of whether
the dog is ultimately found to be vicious or potentially dangerous.
[Amended 10-20-2010 by Ord. No. 2010-17]
Except where otherwise provided by law:
A. The owner or owners or keeper or keepers of any dogs, hybrid dogs, cats or livestock (as defined in Article
II) who should knowingly or willfully cause, allow, permit or otherwise be responsible for any animal traveling at large or who should otherwise violate any of the provisions of this chapter shall, upon conviction, be subject to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 90 days or to a period of community service not exceeding 90 days, or any combination thereof.
B. The owner of a "potentially dangerous dog," as defined by N.J.S.A.
4:19-17 et seq., who is found by a preponderance of the evidence to
have violated the provisions of this chapter or the provisions of
N.J.S.A. 4:19-17 et seq. or any rule or regulation adopted pursuant
thereto or to have failed to comply with an order of the court shall
be subject to a fine of not more than $1,000 per day of the violation,
or imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof, and each
day's continuance of the violation shall constitute a separate offense.
C. Disposition of fees and fines. All fines and fees collected or received
by the Township pursuant to this section shall be deposited in a special
account and used by the Township to administer and enforce the provisions
hereof.