A.
ABANDONED ANIMAL
ALTERED or STERILIZED
ANIMAL CONTROL OFFICER
ANIMAL HOUSING
APARTMENT COMPLEX
AT LARGE
BOROUGH OFFICIAL
CAT
CAT OF LICENSING AGE
COMMERCIAL KENNEL
DOG
DOG OF LICENSING AGE
DOMESTICATED ANIMAL
LEASHED
MUNICIPAL HUMANE LAW ENFORCEMENT OFFICER
(1)
(2)
(3)
(4)
OWNER
PERSON
POTENTIALLY DANGEROUS DOG
PROPERTY
SHELTER
STRAY ANIMAL
TETHER
VICIOUS DOG
Terms defined. The words hereinafter defined shall have the meanings
herein indicated for the purposes of this article as follows:
An animal of any age which has been left unattended, unclaimed,
unlicensed, or at large for a period of 72 hours or more.
Any method utilized to prevent reproduction of a dog or cat.
"Certified animal control officer" means a person 18 years
of age or older who has satisfactorily completed the course of study
approved by the Commissioner of Health and Senior Services and the
Police Training Commission as prescribed by Paragraphs (1) through
(3) of Subsection a. of Section 3 of P.L. 1983, c. 525 (N.J.S.A. 4:19-15.16a);
or who has been employed in the State of New Jersey in the capacity
of, and with similar responsibilities to those required of, a certified
animal control officer pursuant to the provisions of P.L. 1983, c.
525 for a period of three years before January 17, 1987.
A structure used for housing an animal outdoors on private
property or business property.
A multiple dwelling containing six dwelling units or more.
An unrestrained animal off the premises of the owner.
Any Borough Code Enforcement Official, Borough/Municipality
Police Department Officer, Gloucester County Animal Control Officer,
Municipal Clerk, or any other official or person assigned or designated
by Mayor and Council.
Any member of the domestic feline species.
Any cat that has attained the age of six months.
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 carnivorous domesticated mammal (Canis familiaris), whether
male or female, regardless of age.
Any dog which has attained the age of seven 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.
An individual who has been designated and authorized by the
governing body who shall have the power and authority within the municipality
in which the officer is designated, or otherwise authorized to act,
as a municipal humane law enforcement officer to:
Enforce all animal welfare and animal cruelty laws of the State
and Ordinances of the municipality;
Investigate and sign complaints concerning any violation of
an animal welfare or animal cruelty law of the state or ordinance
of the municipality; and
Act as an officer for the detection, apprehension, and arrest
of offenders against the animal welfare and animal cruelty laws of
the state and ordinances of the municipality; and
Abide by the provisions of Chapter 22 of Title 4 of the Revised
Statutes.
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.
Any individual, firm, partnership, corporation or association
of persons.
Any dog or dog hybrid declared potentially dangerous by a
municipal court pursuant to Section 7 of P.L. 1989, c.307 (N.J.S.A.
4:19-23).
A block and lot with an occupied dwelling unit or dwelling
units on it.
An establishment for the confinement of dogs or cats seized
under the provisions of this article.
An animal having no known owner or custodian or which has
no owner information or identification attached.
To confine an animal with rope, chain, or similar material
by which an animal is fastened so that the animal is able to range
or feed only within certain limits.
Any dog or dog hybrid declared vicious by a municipal court
pursuant to Section 6 of P.L. 1989, c.307 (N.J.S.A. 4:19-22).
B.
Word usage.
(1)
The words "and" and "or" may be used interchangeably, and either
of the two may be applicable, whichever is more conducive towards
the effectuating of this article.
(2)
Personal pronouns shall mean either the singular or the plural, whichever
is applicable and conducive towards the effectuating of this article.
(3)
The masculine, feminine or the neuter gender shall be implied, whichever
is appropriate and conducive for the effectuating of this article.
This article adopts all state statutes and regulations regarding
the ownership of dogs and cats, including but not limited to those
statutes contained in Titles 4, 9 and 26 of the New Jersey Statutes
Annotated, and shall not be read to be inconsistent with said statute
and regulations except where permitted by statute or regulation and
delineated in this article.
A.
All dogs and cats within the Borough of Swedesboro limits shall be licensed in accordance with New Jersey statutes, if applicable, and the licensing fee and the registration fee, if applicable, as required by the State Department of Health and Senior Services, shall be as set forth in Chapter 140, Fees. No person shall own, keep, or harbor dogs or cats of licensing age in excess of three in number.
B.
Any resident of the Borough of Swedesboro lawfully owning a dog or
cat licensed in the Borough of Swedesboro and in compliance with this
section and securing said license prior to the date of the adoption
of this amendment to this article shall not be in violation of this
section despite owning a dog or dogs, cat or cats in excess of three
in number that are of licensing age.
C.
Any resident of the Borough of Swedesboro who desires to license
a dog or dogs, cat or cats such that said owner would exceed the limit
of keeping or harboring more than three dogs or cats of licensing
age may, after the date of the adoption of this amendment to this
article, make an application to the local Board of Health. After receipt
of said application, the local Board of Health shall, after a reasonable
amount of time, make a recommendation to the Mayor and Council of
the Borough of Swedesboro regarding whether a license should be granted
to the applicant for said dog or dogs, cat or cats, and such recommendation
may include a statement as to the impact that the local Board of Health
deems said dog or dogs, cat or cats may have upon the Borough of Swedesboro.
Said statement may address issues of health, safety, and humane treatment
of animals and any other matter within the jurisdiction of the local
Board of Health that said Board deems to be raised by an application
to license said dog or dogs and cat or cats.
A.
Any person who shall own, keep, or harbor a dog or cat of licensing
age shall, 10 days after such acquisition or age attainment ("age
of attainment" is defined as seven months of age), and annually thereafter
prior to April 1 of each year, apply for and procure from the Animal
Control Officer a license and official metal registration tag for
each such dog or cat so owned, kept or harbored and shall place upon
such a dog or cat a collar or harness with the registration tag securely
fastened thereto.
B.
There shall be an additional late charge as set forth in Chapter 140, Fees, for any license issued after April 1 of any year, unless applied for within 10 days or acquisition of the dog or cat or within 10 days after the dog's or cat's attaining the licensing age, with the exception of new residents, for which a forty-five-day extension will be granted. The forty-five-day extension begins the first day occupancy occurs.
A.
Any dog or cat owner who shall suffer or permit any unlicensed dog
or cat to run at large or who shall suffer or permit any dog or cat,
whether licensed or not, to run at large without the tag provided
by law or who shall cause or permit any unlicensed dog or cat to wear
such a tag shall be guilty of a violation of this article.
B.
No person shall permit any dog owned or harbored by him or in his
charge to defecate in any area in the Borough of Swedesboro other
than his own property or in any street between the curblines or where
no curbs exist on the paved portion of such street. Said owner or
harborer shall not be in violation of this section if the owner or
harborer shall immediately move all feces from these areas with an
instrument that the owner shall be required to carry.
No person owning, keeping or harboring any dog shall suffer
or permit it to be upon the public streets or in any public places
of the Borough of Swedesboro unless such dog is accompanied by a person
and is securely confined and controlled by an adequate leash not more
than six feet long.
A.
If the municipal court declares any dog to be potentially dangerous,
it shall issue an order pursuant to N.J.S.A 4:19-24, and a schedule
for compliance which, in part:
(1)
Shall require the owner to comply with the following conditions:
(a)
To 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 required pursuant to Subsection A(1)(b) of this subsection;
(b)
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;
(2)
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.
B.
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.
No dog of a vicious nature, whether registered or not, shall
be permitted by the owner or persons keeping or harboring said dog
to be in or upon any of the streets, highways, alleys or other public
places in the Borough of Swedesboro at any time, nor shall it be permitted
to trespass upon the property of any other person in said Borough
without being safely muzzled, and any such dog so unmuzzled will be
in violation of this section.
No person who owns, keeps, harbors or possesses any dog or dogs
or cat or cats shall suffer or permit such animal to annoy neighbors
and other persons living within the immediate vicinity by continued
barking and howling, and whenever complaint shall be made by notifying
the Police Department by one or more residents within the Borough
of Swedesboro and living within hearing distance of said animal. An
"annoyance or disturbance," for the purpose of this section, shall
be defined as barking, howling or crying continuously for a period
of 10 minutes or more or intermittently for 30 minutes or more, causing
annoyance and discomfort of the complainants and their neighbors and
families so that it can be established that such barking and howling
is a nuisance to the immediate neighborhood, then and in such case
the owner shall cause such barking and howling to cease and terminate
immediately, and if such barking and howling shall again occur, regardless
of its duration, the provisions of this article shall be deemed to
have been violated, and the owner shall pay such penalty as may be
imposed therefor.
Note: May be superseded by N.J.S.A. 4:22-17 et seq.
A.
General requirements.
(1)
No person shall at any time cause or allow any dog, cat, or domesticated
animal to be kept outside on private or public property within the
Borough of Swedesboro except that:
(a)
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.
(b)
The animal shall at all times have access to and be provided
with clean water (cool in summer and unfrozen in winter).
(c)
The animal shall have access to an area to defecate or urinate
separate from the areas where it must eat, drink, or lay down.
(d)
Fecal matter must be removed on a daily basis and within 24
hours of being deposited. The primary area where the animal is kept
must be located behind the principal dwelling on the property.
(2)
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, other than a cat, on any premises unless
such animal has access to housing meeting all of the following requirements:
(1)
The housing shall be provided with five weatherproof sides, including
a top, a bottom and a 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 moistureproof, 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 area shall be maintained in a clean and sanitary condition.
(5)
If multiple animals are present in one location, each animal must
have separate and clean housing.
(6)
The structure or protection shall not include (a) pressure-treated
wood which contains the chemicals arsenic or chromium, (b) a floor
constituting of wire or chain-link or have opening in which the paw,
hoof or foot of a dog, domestic companion animal or service animal,
as applicable, can pass, or (c) that is located outdoors and is made
from cardboard or other materials that are easily degraded by the
elements.
C.
Restraints. In addition to the housing requirements of Subsection B, no person shall keep, use, or maintain a dog, or domesticated animal, other than a cat, outdoors on any premises unless such an animal is either tethered in accordance with Subsection D, or kept within a fence in accordance with Subsection E.
D.
Tethering. The fastening, chaining, tethering or other restraint
system (other than a fence) of any dog, or domesticated animal, other
than a cat, must meet all of the following requirements:
(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 animals nose to the base of its tail.
(6)
The tether shall be provided with swivels at both ends and shall
be maintained tangle free. Tethered animals must be altered or sterilized.
(7)
The tethered animal shall have access to adequate animal housing in accordance with Subsection B of this section.
(8)
It shall be prohibited to tether any animal less than six months
of age. 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.
(9)
The tether area must be kept clean and clear of any debris that may
harm or cause any dog or cat to become entangled.
(10)
Any owner who chooses to tether a cat must comply with the above
standards.
E.
Fencing. A fence for the purpose of restraining any dog, or domesticated
animal, other than a cat, must meet all of the following requirements:
(1)
Each animal confined within a fence must have adequate space for exercise and movement, which shall not be less than six feet by eight feet (48 square feet) per animal weighing less than 45 pounds and 10 feet by 10 feet (100 square feet) per animal weighing over 45 pounds. Adequate housing in accordance with Subsection B of this section is excluded from square footage calculation.
(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.
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 Borough or upon any private property.
B.
Damage or injury to other property, pets, or persons prohibited:
It shall be a violation of this article for an owner of a dog or cat
to suffer, allow, or permit the following prohibited acts:
(1)
Bite, chase, jump upon, interfere with, or otherwise impedes 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 within a public right-of-way.
(3)
Bark, growl, or otherwise display aggressive behavior towards a human
being and place 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, other public place or upon any private property.
A.
Biting of person by dog or cat. When any dog or cat bites a person,
the Borough 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 Officer of the County Board of Health or Animal Control Officer 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 Borough official, and a copy shall be provided to the owner and individual bitten by the animal upon its release.
Gloucester County Animal Control Officers (GCACO) or other designated
person(s) may investigate and/or require compliance for violations
pursuant to N.J.S.A. 4:22-17 et seq. In the event that the GCACO or
designated person(s) 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.
The Animal Control Officer appointed for the purpose by the Borough
Council shall take into custody and impound or cause to be taken into
custody and impounded, and thereafter destroyed or offered for adoption
as provided in this section, any dog or cat running at large in the
Borough of Swedesboro. This shall include any dog or cat off the premises
of the owner or the person keeping or harboring such dog unless said
dog is restrained on a leash as hereinbefore provided.
B.
The owner, if known, of any dog or cat so seized shall forthwith
upon seizure of the dog or cat be served notice pursuant to N.J.S.A.
4:19-15.16.
C.
Any owner or the person keeping or harboring said dog or cat may
claim the dog or cat upon paying all expenses incurred by reason of
its detention, with a minimum payment of $35 per day for the first
day of its detention or any part of the first day, and if detained
for more than one day, by paying $4 for each day thereafter the pet
is in the shelter, and by procuring the necessary license and registration
tag, if the same have not been previously obtained.
D.
If the owner or person keeping or harboring the dog or cat fails
to claim the dog or cat at the end of the seven-day period, the Animal
Control Officer appointed for the purpose by the Borough Council may
cause the dog or cat to be destroyed as humanely as possible or offered
for adoption.
Any officer or agent authorized or empowered to perform any
duty under this article is hereby authorized to go upon any premises
to seize for impounding any dog or dogs or cat or cats which he or
she may lawfully seize or impound when such officer is in immediate
pursuit of such dog or dogs or cat or cats, except upon the premises
of the owner of the dog or cat if said owner is present and forbids
the same.
A.
The Designated Borough Official shall enforce the provisions of this
chapter. Nothing herein shall prohibit a private citizen from bringing
or signing a complaint for an alleged violation of this chapter.
B.
Compliance with requirements. Any owner of an animal within the Borough
of Swedesboro, by the act of owning such animal, does thereby authorize
the designated Borough official to enter the property where such animal
is kept to investigate any alleged or suspected violation of any provision
of this chapter or N.J.S.A. 4:22.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this article.
The municipal governing body of the Borough of Swedesboro shall
have the power to appoint some suitable and fit person or corporation
to be known as "Animal Control Officer," and it shall be the duty
of such Animal Control Officer, in addition to the implied duties
hereby conferred, to carry out the provisions of and enforce this
article.
Any person found to be in violation or found to have failed
to comply with any of the provisions of this article shall, upon conviction
thereof, be subject to a fine of not less than $100 and not more than
$1,000; or imprisoned for a term not to exceed 90 days, or both, in
the county jail. Each day of such violation or failure to comply shall
constitute a separate offense and, therefore, are not subject to merger
either for the purposes of the violation or imposition of fines and
penalties.
A.
The Municipal Judge on behalf of the Borough of Swedesboro is empowered,
upon the filing of a complaint in writing by any person authorized
by the local Board of Health, when the complainant is the local Board
of Health, or by the Borough Clerk or duly designated Animal Control
Officer or other official, when the complainant is the Borough, alleging
that a violation of this article has occurred, which complaint may
be made upon information and belief, to issue process at the suit
of the local Board of Health or of the Borough, as the case may be,
as complainant. The process shall be either in the nature of a summons
or warrant, which warrant may issue without any order of the court
first being obtained against the person so charged, which process,
when in the nature of a warrant, shall be returnable forthwith and,
when in the nature of a summons, shall be returnable in not less than
five nor more than 15 entire days. The process shall state what provisions
of this article or of any statute pertaining to the subject matter
hereof has been violated by the defendant or defendants. The court
having jurisdiction may, at all times, amend all defects and errors
in the complaint and process issued hereunder.
B.
Any officer authorized by law to serve and execute process in the
court in which the proceedings are brought hereunder may serve and
execute all process in proceedings for violation of this article or
of the laws and statutes relating thereto.
C.
On the return of process issued pursuant to this section or at any
time to which the trial shall be adjourned, the court, without the
filing of any pleadings, may proceed to hear the testimony in a summary
manner without a jury and give judgment for the complainant for the
penalty and costs or for the defendant if the facts warrant an acquittal.
The governing body of the municipality of Swedesboro is hereby
authorized to make payment for damages to or losses of poultry and
domestic animals, except dogs and cats, caused by a dog or dogs or
a cat or cats, except a dog or dogs or cat or cats being the property
of the claimant or in which the claimant has a property right. Payment
of said damages shall be made only after said damages have been established
as set forth in N.J.S.A. 4:19-5. Any payment by the governing body
of the Borough of Swedesboro shall be made only from a special account
as provided for in N.J.S.A. 4:19-15.11.
