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Township of Fredon, NJ
Sussex County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 18-86 (Ch. V of the 1972 Revised General Ordinances)]
As used in this article, the following terms shall have the meanings set forth below:
CERTIFIED ANIMAL CONTROL OFFICER
A person 18 years of age or older who has satisfactorily completed a course of study approved by the Commissioner of Health on the control of animals prescribed by N.J.S.A. 4:19-15 et seq., or who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, certified Animal Control Officers, pursuant to the provisions of this act for a period of three years.
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 sale is carried on, except a pet shop.
OWNER
When applied to the proprietorship of a dog, "owner" shall mean and include every person having a right of property in such a dog and every person who has such a dog in his/her keeping.
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.
POUND
Any establishment where dogs are received, housed or distributed without charge.
SHELTER
Any establishment where dogs are received, housed and distributed.
Any person who shall own, keep or harbor a dog of licensing age shall, in the month of January of each year and annually thereafter, apply for and procure from the Animal Control Officer, or other official designated by the Township Committee, a license and official metal registration tag for each such dog so owned, kept or harbored, and shall place upon each dog a collar or harness with the registration tag securely fastened thereto.
Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and such license and tag issued by any other municipality of this state shall be accepted by the Township as evidence of compliance with this article.
A. 
When required.
(1) 
The owner of a newly acquired dog of licensing age or of any dog shall make application for license and registration tag for such dog within 10 days after such acquisition or age attainment.
(2) 
Any person who shall bring or cause to be brought into the Township any dog licensed in another state for the current year, and bearing a registration tag, and shall keep the same or permit the same to be kept within the state for a period of more than 90 days, shall immediately apply for a license and registration tag for each dog unless such dog is licensed under § 126-19C hereof.
(3) 
Any person who shall bring or cause to be brought into the Township any unlicensed dog and shall keep the same or permit the same to be kept for a period of more than 10 days, shall immediately apply for a license and registration tag for each such dog unless such dog is licensed under § 126-19C hereof.
B. 
Contents of application; information to State Department of Health.
(1) 
The application shall state: breed, sex, age, color and markings of the dog for which license and registration are sought; whether it is of long- or short-haired variety, whether it has been neutered, the name, street and post office address of the owner and the person who shall keep or harbor the dog, which person shall be at least 18 years of age.
(2) 
The information on the application and the registration number issued for the dog shall be preserved for a period of three years by the Animal Control Officer. Registration numbers shall be issued in the order of application.
(3) 
The Animal Control Officer shall forward to the State Department of Health each month, on forms furnished by the department, an accurate account of registration numbers issued or otherwise disposed of.
A. 
Vaccination required.
(1) 
Dogs. No Animal Control Officer or other official designated by the governing body to license dogs shall grant any such license and official metal registration tag for any dog unless the owner thereof provides evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Health, Education and Welfare, or has been certified exempt, as provided by regulations of the State Department of Health. Such vaccination shall be repeated at intervals as provided by regulations of the State Department of Health, and shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.
(2) 
Cats. No person shall own, keep, harbor or have control of any cat within the Township of Fredon unless such cat has current rabies vaccination.
B. 
Evidence of vaccination. Evidence of vaccination, pursuant to the provisions of this section, shall be provided by the certificate of a duly licensed veterinarian or an official Township antirabies vaccination tag.
C. 
Exemption from vaccination. A dog or cat may be exempted from the requirements for vaccination set forth herein for a specified period of time where a certificate is presented from a duly licensed veterinarian of the State of New Jersey stating that by reason of age, infirmity or other physical condition, vaccination of such dog or cat against rabies for such a specified period is dangerous to the animal's health.
A. 
Fees; term. The person applying for the license and registration tag shall pay a fee for the licensing of each dog as designated in the fee schedule, § 245-2B. Such license fees as required shall be forwarded to the State Department of Health, and the balance of the fees collected shall be turned over to the Township Treasurer in accordance with N.J.S.A. 4:19-15.11. For each renewal, the fee for the license and the registration shall be the same as for the original license and tag. Licenses, registrations and tags shall expire on the last day of January in each year.
B. 
Delinquent fees. Any person harboring a dog or found to have an unlicensed dog by the Township Animal Control Officer, dog canvassers or any other Township official after February 1 shall be required to pay an additional late fee as shown on the fee schedule at § 245-2B. A late fee shall be charged for each month delinquent, plus the required license and registration fees as provided in this article, in addition to any fine imposed for failure to obtain a dog license before February 1.
C. 
Exemption from fee. 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 as hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
D. 
Forms and tags. License forms and uniform official metal registrations tags designed by the State Department of Health shall be furnished by the Township and shall be numbered serially and shall bear the year of issuance and the name of the Township.
A. 
Tag required. No licensed dog shall be allowed off the premises of the person harboring or keeping the dog without the metal registration tag attached to its harness or collar.
B. 
Removal prohibited. No person, except an officer in the performance of his/her duties, shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it was not issued.
The Township Committee shall appoint, at such times and for such terms as may from time to time seem expedient, one or more persons to be known as Animal Control Officers, who shall be responsible for animal control within the jurisdiction of the Township and shall enforce and abide by the provisions of this article and N.J.S.A. 4:19-15.1 et seq.
The Animal Control Officer or other such person designated by the Township Committee shall promptly after May 1 of each year cause a canvass to be made of all unlicensed dogs owned, kept or harbored within the limits of the Township. The Animal Control Officer shall report on or before September 1 of each year to the Township Clerk and the Township and State Departments of Health the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring unlicensed dogs, the number of unlicensed dogs owned, kept or harbored by each of such persons, together with a complete description of each of such unlicensed dogs.
A. 
Causes for impounding. The Animal Control Officer shall take into custody or impound, or cause to be taken into custody and impounded, and thereafter destroy or dispose of as hereinafter provided in this section:
(1) 
Any dog off the premises of the owner or of the person keeping or harboring such dog which the Animal Control Officer, or his/her agent or agents, have reason to believe is a stray dog.
(2) 
Any dog off the premises of the owner or of the person keeping or harboring such dog without a current registration tag on its collar.
(3) 
Any female dog in season off the premises of the owner or of the person keeping or harboring such dog.
(4) 
Any dog or other animal which is suspected to be rabid. After observation, any animal seized under this section as suspect of being rabid shall be immediately reported to the executive officer of the local Board of Health and to the Department of Health.
(5) 
Any dog or other animal off the premises of its owner or keeper reported to, or observed by, a certified Animal Control Officer to be ill, injured or creating a threat to public health, safety or welfare, or otherwise interfering with the enjoyment of property.
(6) 
Any dog upon the public or private streets or on any public or private property other than that of its owner or keeper, not accompanied by a person over the age of 12 and not confined or controlled, as required by § 123-26B.
(7) 
Any dog kept in a kennel, pet shop, shelter or pound and off the premises of such establishment and not confined or controlled as prescribed by § 126-28G.
(8) 
Any dog running at large, in violation of § 126-26A.
(9) 
Any dog declared vicious, as determined by the provisions of § 126-27A and which dog has not been disposed of in accordance with Subsection C.
B. 
Notice of impounding.
(1) 
If any animal so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any persons or a registration tag, or the owner or the person keeping or harboring such animal is known, the Animal Control Officer or anyone authorized by the Township Committee shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring such animal, if known, a notice, in writing, stating that the animal has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after the service of the notice.
(2) 
A notice under Subsection B(1) of this section may be served either by delivering it to the person on whom it is to be served, by leaving it at the person's usual or last known place of abode, at the address given on the collar, or by forwarding it by mail in a prepaid letter addressed to that person at his/her usual or last known place of abode, or to the address given on the collar.
C. 
Disposition of impounded animals. When any animal so seized has been detained for seven days after notice, when notice can be given as above set forth in this section, or has been detained for seven days after seizure when notice has not been and cannot be given as above set forth, and if the owner or person keeping or harboring such animal has not claimed such animal and paid all expenses incurred by reason of its detention, or if the animal is unlicensed at the time of the seizure and the owner or person keeping or harboring such animal has not produced a license and registration tag for such animal, the Animal Control Officer may cause the animal to be destroyed in a manner without causing pain and consistent with N.J.S.A. 4:22-19. No dog or other animal so caught, detained, procured, obtained, sent or brought to a pound shall be sold or otherwise made available for the purpose of experimentation. Any person who sells or otherwise makes available any such dog or other animal for the purpose of experimentation shall be guilty of a disorderly persons offense.
D. 
Fees. There shall be charged to the owner of each dog which is impounded, pursuant to Subsection B, a fee as shall be designated in the fee schedule, § 245-2B, which fees shall be paid when the dog is released.
E. 
Seizure of animals; entry upon private premises. Any officer or agent authorized or empowered to perform any duty under this section is hereby authorized to go upon any premises to seize for impounding any animal which (s)he may lawfully seize and impound when such officer is in immediate pursuit of such animal, except upon the premises of the owner of the animal and if the owner is present and forbids same.
F. 
Interference prohibited. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this section.
A. 
No person shall keep, harbor or maintain any dog or dogs which bark or cry for more than one hour between the hours of 6:00 a.m. and 10:00 p.m., and which thereby create a nuisance and/or disturb the peace and quiet of the neighborhood.
B. 
No person shall keep, harbor or maintain any dog or dogs which bark or cry between the hours of 10:00 p.m. and 6:00 a.m., and which by such barking disturb the peace and quiet of the neighborhood and thereby create a nuisance.
A. 
Purpose. The purpose of this section is protect the health, safety and welfare of all those frequenting this Township, by preventing the needless health hazards and nuisances caused by dog feces upon public and private property located within the Township.
B. 
Defecation on private property. No person owning or in charge of any dog shall cause or allow such dog to soil, defile, defecate upon or commit any nuisance upon any private property, without the permission of the owner of the property. Any person owning or in charge of a dog which soils, defiles, defecates or commits any such nuisance shall immediately remove all feces deposited by such dog in a sanitary manner.
C. 
Defecation on public property. No person owning or in charge of any dog shall cause or allow such dog to soil, defile, defecate upon or commit any nuisance on any place where people congregate or walk, or upon any public property. Any person owning or in charge of a dog which soils, defiles, defecates or commits any such nuisance shall immediately remove all feces deposited by such dog in a sanitary manner.
D. 
Defecation on owner's property. No person shall permit the accumulation of dog feces upon his/her own property, or property occupied by him/her, to the extent that the odor may be noticeable to any adjoining property owners.
E. 
Disposal of defecation. The feces removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of any such dog in a sealed, nonabsorbent, leakproof container. Disposition in a sanitary manner shall include taking the feces home for deposit, or wrapping the feces and placing same in a trash can. It shall not include burial, disposal by placement in a storm sewer, or placing unwrapped feces in a trash can.
F. 
Defense to violation. It shall be a complete defense to violations of Subsections B, C and D if a person shall have immediately removed such defecation and disposed of it in a sanitary manner.
G. 
Seeing Eye dogs. The provisions of this section shall not apply to blind persons who may use their dogs as guides.
H. 
Complaints of violations. In the event of a violation on private property, a complaint is only to be filed by the owner of such property. In the event of such a violation occurring on public property, thoroughfares, walkways or parks a complaint may be filed by any witness to such an act.
I. 
Enforcement. It shall be the duty of the Animal Control Officer to enforce the provisions of this section.
A. 
Running at large.
(1) 
Prohibited. No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets, in any public park, in any public building, in any other public place or on private property, other than the property of the owner, within the Township.
(2) 
Violation; complaint. When a dog has been impounded for running at large, the Animal Control Officer may file a complaint of this violation in the municipal court.
B. 
Dog to be accompanied by person over 12 years old; leash. No person owning, keeping or harboring any dog shall suffer or permit it to be upon any public place in the Township unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six feet long.
C. 
Damage to property. No person owning, keeping or harboring a dog shall permit it to do any injury or to do any damage to any lawn shrubbery, flowers, grounds or property or a complaint may be made against the owner or keeper of such dog.
[Added by Ord. No. 97-03; amended by Ord. No. 2004-02]
A. 
Statutory requirement. Pursuant to N.J.S.A. 4:19-17 et seq., which declares that it is appropriate and necessary to impose a set of requirements on owners of vicious and potentially vicious dogs, and N.J.S.A. 4:19-36, which provides that the state statute shall supersede any law, ordinance or regulation concerning vicious or potentially vicious dogs, the Township Committee adopts by reference N.J.S.A. 4:19-18 et seq. and regulations adopted pursuant thereto.
B. 
Fees for license. The annual fee for a potentially dangerous dog license shall be as set forth in § 245-2B.
A. 
License required; term. Any person who keeps, operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Animal Control Officer for a license entitling him/her to keep or operate such establishment. All licenses issued for such establishments shall state the purpose for which the establishment is maintained; shall expire on the last day of January of each year, and shall not be transferable to another owner or different premises.
B. 
Exemption from individual licenses. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments.
C. 
Application for establishment license. The license application shall describe the premises where the establishment for a kennel, pet shop, shelter or pound is located or proposed to be located, the name and permanent and local address of the applicant, the maximum number of dogs to be accommodated by such establishment at any one time and the purpose or purposes for which it is to be maintained. The application shall be accompanied by written approval of the Township sanitarian showing compliance with the local and state rules and regulations governing the location and sanitation of such establishments.
D. 
Revocation of license. All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Township Committee upon recommendation of the State Department of Health or the Township Department of Health for failure to comply with the applicable provisions of this section, or the rules and regulations of health governing the same, after the licensee has been afforded a hearing by either the State Department of Health or the Township Department of Health for failure to comply with the applicable provisions of this section, or the rules and regulations of health governing the same, after the licensee has been afforded a hearing by either the State Department of Health or the Township Committee.
E. 
Fees: payment; exemption.
(1) 
The annual license fee for a kennel or pet shop shall be as set forth in the fee schedule, § 245-2B. No fee shall be charged for a shelter or pound.
(2) 
License fees for dog establishments shall be paid with the application.
F. 
Disposition of fees. License or other fees collected under the provisions hereof, except those paid to the State of New Jersey, shall be turned over to the treasurer within 30 days of collection. The fees collected shall be accounted for and spent in accordance with N.J.S.A. 4:19-15.11, as amended.
G. 
Dogs off premises. No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on leash, in a crate or under other safe control.
H. 
List of licensed dog establishments to be forwarded to State Department of Health. The Animal Control Officer shall forward a list of all kennels, pet shops, shelters and pounds licensed, within 30 days alter the licenses therefore are issued, which list shall include the name and address of the licensee and the kind of license issued.
[Amended by Ord. No. 97-03]
A. 
Any person who violates any provision of this article may, upon conviction thereof, be fined in an amount specified herein for each violation, or may be imprisoned for a period not to exceed six months, or both, at the discretion of the court before whom the complaint is made. A separate offense shall be deemed committed on each day during or on which a violation of this article occurs or continues.
Offense
Code Reference
First
Second
Third and Subsequent
§ 126-15
Unlicensed dog
$25
$100
$250
Interference with officer
$100
$250
$500
§ 126-24
Disturbing the peace, barking or crying
$50
$100
$250
§ 126-25
Defecation
$50
$100
$250
§ 126-26A and C
Running at large or damaging property
$50
$100
$250
Dog control/leash
$25
$50
$100
§ 126-27
Vicious dogs
Not more than $1,000 per day
Dogs attacking other animals
$100
$250
$500
B. 
Any other violations of this article shall be set forth in Chapter 1, Article II, of this Code.