[Adopted 2-4-1992 by Ord. No. 1992-03 (Ch. VI of the 2003
Revised General Ordinances)]
[Amended 3-5-2013 by Ord.
No. 2013-1; 3-20-2018 by Ord. No. 2018-1]
As used in this article, unless the context otherwise indicates,
the following words and terms shall have the meanings given herein:
A certified municipal animal control officer or, in the absence
of such an officer, the chief law enforcement officer of the Township
or his designee.
As applied to an animal, shall mean that such animal is securely
confined or restrained and kept on the owner's premises, either
within a building, kennel or wire or other suitable enclosure or securely
fastened on a chain, wire or other effective tether of such length
and so arranged that the animal cannot reach or endanger any person
or any adjacent premises or on any public street, way or place or,
if the animal is being transported by the owner, that it is securely
confined in a crate or other container or is so restrained in a vehicle
that it cannot escape therefrom.
Designates and applies to any animal (excluding dogs) which,
without just cause, bites, attacks, chases or snaps at or otherwise
threatens to attack any person or attacks and wounds a dog or other
domestic animal or which displays any other fierce, vicious or dangerous
propensities.
Any dog or dog hybrid.
Cat or dog.
Any person exercising control over a dog or permitting a dog
to remain under his premises under control.
When applied to the proprietorship of a dog or cat, shall include
every person having a right of property in such dog or cat and every
person who has such dog or cat in his care, custody or control.
Any dog or dog hybrid found to be potentially dangerous as
defined by N.J.S.A. 4:19-23. In addition, a "potentially dangerous
dog" is any dog which, when unprovoked, chases or approaches a person
upon the streets, sidewalks or any public or private property in a
menacing fashion or apparent attitude of attack, any dog with a known
propensity, tendency or disposition to attack unprovoked, to cause
injury or to otherwise threaten the safety of human beings or domestic
animals.
Includes any dog or dog hybrid declared vicious pursuant
to N.J.S.A. 4:19-17 et seq., and which has been declared vicious by
a municipal court pursuant to N.J.S.A. 4:19-22.
A.
No municipal clerk or other official designated by the governing
body of any municipality to license dogs therein 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.
[Amended 3-20-2018 by Ord. No. 2018-1]
B.
License fees. Every person applying to the Township of Willingboro
for a dog license pursuant to the terms of N.J.S.A. 4:19-15.1 (Chapter
151 of the Laws of 1941, as amended and supplemented) shall pay an
annual license fee as shall be hereinafter provided for each dog:
(1)
Each annual renewal fee for the license shall be the same as for
the original license, unless the dog shall, after the issuance of
the original license, be qualified for a lower license fee.
(2)
Licenses and renewals thereof shall expire on the last day of January
of the appropriate year. The fact that any dog after the issuance
of an original license or renewal thereof shall, during the term of
effectiveness of the original license or renewal thereof, qualify
for a lower license fee shall not be a basis for a lower fee during
the term of effectiveness.
(3)
There shall be a late charge as provided in § 150-4 of the Code of the Township of Willingboro for any license or renewal issued on or after the first day of June of the appropriate year or more than 30 days after the time fixed for the licensing of a newly acquired dog of licensing age or any dog which attains licensing age after the last day of January.
(4)
At the time of licensing, a certification from a licensed veterinarian
shall be presented stating that the dog has been neutered or spayed
in order to qualify for the lower fee.
(5)
Dogs used as guides for the blind 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,
except that the owner or keeper of the dog shall not be required to
pay any fee therefor.
[Amended 3-5-2013 by Ord.
No. 2013-1]
C.
Application for license and tag. The owner of any newly acquired
dog of licensing age or of any dog which attains licensing age shall
make application for a license and registration tag for the dog within
10 days after the acquisition or age attainment and shall pay therefor
the full fee hereinbefore provided.
D.
Restriction to premises. No female dog in season shall be permitted
off the premises of the owner thereof or of the person keeping or
harboring the dog.
E.
Disturbing noises. No person shall keep, harbor or maintain any dog
which habitually barks, whines, howls or makes other disturbing noises.
[Amended 3-20-2018 by Ord. No. 2018-1]
A.
Vicious dogs: required findings pursuant to N.J.S.A. 4:19-22.
(1)
The municipal court shall declare the dog vicious if it finds by
clear and convincing evidence that the dog: 1) killed a person or
caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to
a person; or 2) has engaged in dog fighting activities as described
in N.J.S.A. 4:22-24 and 4:22-26.
(2)
A dog shall not be declared vicious for inflicting death or serious
bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the
dog was provoked. The municipality shall bear the burden of proof
to demonstrate that the dog was not provoked.
(3)
If the municipal court declares a dog to be vicious, and no appeal
is made of this ruling pursuant to Section 9 of P.L. 1989, c. 307
(N.J.S.A. 4:19-25), the dog shall be destroyed in a humane and expeditious
manner, except that no dog may be destroyed during the pendency of
an appeal.
B.
Potentially dangerous dogs required findings pursuant to N.J.S.A.
4:19-23.
(1)
The municipal court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
(a)
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a
person during an unprovoked attack, and poses a serious threat of
bodily injury or death to a person; or
(c)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
C.
It shall be the duty of the Animal Control Officer, or in the absence
of the Animal Control Officer the Director of Public Safety or his
designee, to receive and investigate complaints involving attacks
or bites by dogs, dog fighting activities, and the training or encouragement
of dogs to make unprovoked attacks upon persons or domestic animals.
D.
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. In the event a hearing is to be convened pursuant to N.J.S.A.
4:19-17 et seq., it shall be convened by the Municipal Court.
E.
The owner of any dog which has been declared vicious or potentially
dangerous shall be responsible for all actual costs and expenses of
impounding and destroying the dog, convening the hearing, notices,
and all related expenses incurred by the Township or the Health Officer.
In the event that any dog is impounded pursuant to N.J.S.A. 4:19-17
et seq., in a facility other than a Township-owned and Township-operated
facility, the owner shall be responsible for all actual costs and
expenses of impounding the dog, regardless of whether the dog is declared
vicious or potentially dangerous.
F.
No person shall keep or harbor any dog which has been declared potentially dangerous within the Township without obtaining from the Township Clerk a special municipal license therefor and complying with all requirements of N.J.S.A. 4:19-17 et seq., this article and the order of the panel. The fee per year for the special municipal potentially dangerous dog license shall be as provided in § 150-4 of the Code of the Township of Willingboro. All special municipal potentially dangerous dog licenses shall expire on the last day of January following the issuance of the license. Renewal licenses shall be obtained not later than the last day of January of the appropriate year. There shall be no pro rata adjustment of the fee for any partial year. The Township Clerk, when issuing the special municipal potentially dangerous dog license, shall assign a municipal registration number in accordance with the uniform statewide municipal registration system established by regulations adopted by the New Jersey Department of Health, together with a red identification tag. Prior to the issuance of the license, the Animal Control Officer shall certify to the Township Clerk that the owner of the dog has complied with the order of the panel.
A.
Inoculation against rabies. No person in the Township of Willingboro
shall own, possess, harbor or have in custody any dog or cat over
seven months of age unless that dog or cat has been vaccinated or
inoculated against rabies by a licensed veterinarian, the vaccination
or inoculation to consist of antirabies vaccine of standard and accepted
quality and formula. The vaccination or inoculation shall be repeated
annually thereafter, if a killed vaccine was used.
B.
Certificate of inoculation. The person shall obtain from the veterinarian
who vaccinates or inoculates the dog or cat against rabies a certificate
in duplicate showing the date of the vaccination or inoculation, the
kind of vaccination or inoculation, a description of the dog or cat,
including the breed or the primary breeds of the dog or cat, the name
and address of the owner of the dog or cat, and a rabies tag indicating
that the dog or cat has been vaccinated or inoculated against rabies
and indicating the year of the vaccination or inoculation. The certificate
shall be filed within 10 days with the person designated to issue
dog licenses, who shall return one copy of the certificate to the
person registering the dog or cat. The tag shall be securely attached
to the collar or harness on the dog, where it shall remain at all
times, except when the dog is in a wholly enclosed area on the premises
of the owner.
A.
"Public nuisance" defined. Within the purview of this section, 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 users or occupants
thereof.
B.
Running at large.
(1)
It shall be unlawful for any person owning, keeping, harboring, or
having custody or possession of any dog or cat, whether registered
or not, to allow, permit or suffer that dog or cat to be in or upon
any public street, avenue, highway or in any public or quasi-public
place in the Township of Willingboro, unless the dog or cat is led
by a chain, cord, thong or other leash in the hands of a person capable
of leading and controlling the dog or cat or shall be securely confined
in an automobile or carried securely in the arms of a person capable
of controlling the dog or cat.
(2)
It shall be unlawful for any person owning, keeping, harboring, or
having the custody of any dog or cat, whether registered or not, to
allow, permit, or suffer that dog or cat to be in or upon the private
premises or property of another person without the express and prior
authority of the person owning the property, and, in those cases where
the authority is granted, the dog or cat must be kept inside an enclosed
structure or securely leashed or fenced in to prevent the animal from
leaving that property or premises.
(3)
It shall be unlawful for any person owning, keeping, harboring, or
having the custody or possession of any dog or cat, whether registered
or not, to allow, permit or suffer the dog or cat to remain outside
of an enclosed structure on the premises of that person unless the
dog or cat shall be securely leashed or fenced in or under the direct
and immediate control of a person actually able to physically restrain
the dog or cat.
(4)
Any dog or cat which shall be in or upon any public street, avenue,
road or highway or in any public place or upon any private property
or premises not that of the owner or a person entitled to possession
or custody of the dog or cat or which shall run at large in the Township
of Willingboro may be taken into custody and impounded and thereafter
redeemed or destroyed as provided by law.
C.
Duties of owners or custodians. Any person who owns, keeps or harbors
any dog or cat at any place within the Township of Willingboro or
who allows, permits, or suffers any dog or cat to enter the corporate
limits of the Township shall exercise sufficient and proper care of
and control over the animal at all times so as to prevent the animal
from running at large or from becoming a public nuisance.
D.
Presumptions. The fact that a dog or cat shall be in or upon any
public street, avenue, road or highway or in any public place or upon
any private property or premises not that of the owner or a person
entitled to possession or custody of the dog or cat or which shall
run at large in the Township of Willingboro shall create a presumption
that the person owning, keeping, harboring, or having custody or possession
of any dog or cat has failed to exercise sufficient and proper care
of and control over the animal and has allowed, permitted or suffered
the dog or cat to be at large in violation of this section. That presumption
may be rebutted only by credible evidence demonstrating that the person
charged took all reasonable measures to prevent the dog or cat from
being in or upon any public street, avenue, road or highway or in
any public place or upon any private property or premises not that
of the owner or a person entitled to possession or custody of the
dog or cat or running at large in the Township of Willingboro. The
fact that the person did not know that the dog or cat was at large
shall not be sufficient to rebut the presumption.
E.
Seizure and custodial care. The Animal Control Officer or other person
designated and authorized by the Township Council to enforce the provisions
of this article shall, upon receipt of a complaint that a dog or cat
is running at large or is a public nuisance, seize the dog or cat
in accordance with N.J.S.A. 4:19-15.16.
[Amended 3-5-2013 by Ord.
No. 2013-1[1]]
[1]
Editor's Note: Original Secs. 6-5.6 through 6-5.9, which immediately
followed this subsection, were repealed 3-5-2013 by Ord. No. 2013-1.
No person, which shall be defined to include a family unit,
shall keep, harbor, have possession or custody of more than two domesticated
animals of the same type or combination thereof on any one residential
premises within the Township. This restriction shall not include the
temporary (until weaned) keeping of puppies or kittens which have
been born to a female dog or cat kept on the same premises at the
time of the birth of the puppies or kittens, nor to three or more
dogs which were licensed prior to July 15, 1976, provided that the
dogs shall not be replaced so long as two or more other domesticated
animals shall be kept harbored or possessed or be in custody at the
residential premises. This limitation shall not include those animals
which are normally kept in a cage or other container in the interior
of the residential structure, such as small birds, fish, hamsters,
etc.
It shall be a violation of this article for any person to molest,
obstruct or interfere with the Animal Control Officer, a member of
the Police Department of the Township, or any other duly authorized
agent or representative of the Township engaged in the enforcement
of this article.
[Amended 3-5-2013 by Ord.
No. 2013-1; 3-20-2018 by Ord. No. 2018-1]
Except as provided in N.J.S.A. 4:19-15.19, upon conviction for
violations of the provisions of this article shall be punishable by
one or more of the following: a fine not to exceed $2,000; a term
of imprisonment not to exceed 90 days; or a period of community service
not to exceed 90 days. Each day that such violation has been found
to exist shall constitute a separate violation or offense.
