[Adopted as Ch. 22, Art. II, of the 1994 Code of Ordinances]
[Amended 11-8-2004 by Ord. No. 04-047]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
- 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.
- KEEPER
- Any person exercising control over a dog or permitting a dog to remain on premises under his control.
- KENNEL
- Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
- OWNER
- When applied to the proprietorship of a dog, includes every person having a right of property in such dog and every person who has such dog in his 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.
- POTENTIALLY DANGEROUS DOG
- Any dog declared potentially dangerous pursuant to the criteria
set forth in N.J.S.A. 4:19-23, Finding to declare dog potentially
dangerous, as same may be amended.[Amended 9-18-2018 by Ord. No. 18-045]
- POUND
- An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
- SHELTER
- Any establishment where dogs are received, housed and distributed.[Amended 7-18-2017 by Ord. No. 17-029]
- VICIOUS DOG
- Any dog declared vicious pursuant to the criteria set forth
in N.J.S.A. 4:19-22, Finding to declare dog vicious; grounds, as same
may be amended.[Amended 9-18-2018 by Ord. No. 18-045]
[Amended 11-8-2004 by Ord. No. 04-047]
A.
Required. Licenses shall be required for the following dogs of licensing
age:
(1)
Any dog owned or kept within the Township by a resident of the Township
on January 1 of any calendar year.
(2)
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.
(3)
Any dog attaining licensing age during the course of the calendar
year.
(4)
Any unlicensed dog brought into the Township by any person and kept
within the Township for more than 10 days.
(5)
Any dog licensed by another state which is brought into the Township
by any person and kept within the Township for more than 90 days.
(6)
Any potentially dangerous dog.
B.
Application.
(1)
Each application for a license under this article shall give the
following information:
(2)
Registration numbers shall be issued in the order in which applications
are received.
(3)
Applications for licenses for dogs which are required to be licensed by the provisions of Subsection A(1) of this section shall be made to the Health Officer before February 1 of each calendar year. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog in question first becomes subject to the provisions of this section. Each application for a license shall be accompanied by evidence that the dog to be licensed and registered has been inoculated against rabies in accordance with N.J.S.A. 4:19-15.2a.
C.
Record of licenses. The information on all applications under this
article and the registration number issued to each licensed dog shall
be preserved for a period of three years by the Health Officer. In
addition, he shall forward similar information to the State Department
of Health each month on forms furnished by the Department.
D.
Fees.
[Amended 8-16-2016 by Ord. No. 16-036[1]]
(1)
The person applying for a license shall pay a license fee and a registration tag fee for each dog. The same fees shall be charged for the annual renewal of each license and registration tag. The fees are set forth in Chapter 215, Fees, of the Township Code.
(2)
Any resident of the Township who shall have attained the age of 65 years of age applying for a license shall pay a reduced license fee and registration tag fee for each dog. The same fees shall be charged for the annual renewal of each license and registration tag. The fees are set forth in Chapter 215, Fees, of the Township Code.
E.
Expiration. Each dog license and registration tag shall expire on
January 31 of the calendar year following the calendar year in which
it was issued.
F.
Exceptions. The provisions of this section shall not apply to any dog licensed under § 108-9. Dogs used as guides dogs or service dogs (as defined in N.J.S.A. 10:5-5) 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. A dog temporarily placed in a foster home as part of a formalized training to be a guide dog or service dog shall not be required to be licensed and registered while the dog remains in the foster home for such training.[2]
G.
Penalty. For each violation of this section there shall be a fine
of $10, plus $2 per month from the date a license is required.
H.
Potentially dangerous dog license.
(1)
In addition to the obligations set forth in this chapter, in the
event the Municipal Court has declared that a dog is a potentially
dangerous dog, the owner of said animal shall be responsible for complying
with all requirements and conditions imposed by the Municipal Court,
including those set forth in N.J.S.A. 4:19-24, Order and schedule
for compliance with potentially dangerous dog; conditions, as same
may be amended.
[Amended 4-24-1998 by Ord. No. 98-014]
A.
License required; transfer of license. Any person who keeps or operates
or proposes to establish a kennel, pet shop, shelter or pound shall
apply to the Health Officer for a license entitling him to keep or
operate such establishment. 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.
B.
Application for license. The application shall contain the following
information:
(1)
The name and permanent and local address of the applicant.
(2)
The street address where the establishment is located or proposed
to be located, together with a general description of the premises.
(3)
The purposes for which the establishment is to be maintained.
(4)
The maximum number of dogs to be accommodated by such establishment
at any one time.
C.
Approval by Division of Health. No license shall be issued until
the proposed licensee submits a written statement from the Health
Officer of the Division of Health that the establishment or proposed
establishment complies with local and state rules governing the location
of and sanitation at such establishment.
D.
Contents of license; expiration of license. 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 June 30 of each year.
F.
Revocation; compliance with applicable regulations.
(1)
All licenses issued for a kennel, pet shop, shelter or pound shall
be subject to revocation by the Township Council on recommendation
of the State Department of Health or the Division of Health for failure
to comply with the rules and regulations of the State Department of
Health or the Division of Health, after the owner has been afforded
a hearing by either the State Department of Health or the Division
of Health.
(2)
Any person holding a license to establish, keep or operate a kennel,
pet shop, shelter or pound shall comply with all Township ordinances
and the rules and regulations promulgated by the State Department
of Health governing the sanitary conduct and operation of kennels,
pet shops, shelters and pounds, the preservation of sanitation therein
and the prevention of the spread of rabies and other diseases of dogs
within and from such establishments.
G.
Reports to State Health Department. The Health Officer shall forward
to the State Department of Health a list of all kennels, pet shops,
shelters and pounds licensed within 30 days after the licenses therefor
are issued, which list shall include the name and address of the licensee
and the kind of license issued.
H.
Control of dogs off premises. No dog kept in a kennel, pet shop,
shelter or pound shall be permitted off such premises except on leash
or in a crate or other safe control.
I.
Certain sales prohibited.
[Added 9-20-2016 by Ord.
No. 16-040]
(1)
Definitions. When used in this subsection, the following terms shall
have the following meanings:
- ANIMAL CARE FACILITY
- An animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole or significant part, the rescue and placement of animals in permanent homes or animal rescue organizations.
- ANIMAL RESCUE ORGANIZATION
- Any not-for-profit organization which has been granted tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code and whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
- CAT
- A member of the species of domestic cat, felis catus.
- DOG
- A member of the species of domestic dog, canis familiaris.
- OFFER FOR SALE
- To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
- PET SHOP
- A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.
(2)
Restrictions on the sale of animals.
A.
License fees and other moneys collected or received under the provisions
of this article, except the registration tag fees, shall be forwarded
to the Township Treasurer within 30 days after collection or receipt
and shall be placed in a special account separate from any of the
other accounts of the Township and shall be used for the following
purposes only: collecting, keeping and disposing of dogs liable to
seizure under this article; local prevention and control of rabies;
providing antirabies treatment under the direction of the local Division
of Health for any person known or suspected to have been exposed to
rabies; all other purposes prescribed by the statutes of the state
governing the subject; 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 the special
account during the last two fiscal years next preceding.
B.
The registration tag fee of $1 for each dog shall be forwarded within
30 days after collection by the Health Officer to the State Department
of Health.
The Township Division of Health shall biennially, before September
1, cause a canvass to be made of all dogs owned, kept or harbored
within the limits of the Township and shall report to the State Department
of Health the results thereof, setting forth in separate columns the
names and addresses of persons owning, keeping or harboring dogs and
the number of licensed dogs owned, kept or harbored by each person,
together with the registration number of each dog; and the number
of unlicensed dogs owned, kept or harbored by each person, together
with a complete description of each unlicensed dog.
[Amended 4-22-1999 by Ord. No. 99-015]
A.
Causes for impounding. The Animal Control Officer shall take into
custody and impound, or cause to be taken into custody and impounded,
any of the following dogs:
(1)
Any dog running at large in violation of the provisions of this article.
(2)
Any dog off the premises of the owner or of the person keeping or
harboring such dog, which the Animal Control Officer or his agent
has reason to believe is a stray dog.
(3)
Any dog off the premises of the owner of or the person keeping or
harboring such dog without a current registration tag on its collar.
(4)
Any female dog in season off the premises of the owner of or the
person keeping or harboring such dog.
(5)
Any dog which has been determined to be a vicious dog, provided that
such dogs may also be seized by any police officer, and provided further
that, if such dogs cannot be seized with safety, they may be killed.
B.
Access to premises. 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 which he may lawfully
seize and impound when such officer is in immediate pursuit of such
dog, except upon the premises of the owner of the dog if the owner
is present and forbids such entry.
C.
Notice of seizure.
(1)
If any dog so impounded or seized wears a registration tag, collar
or harness having inscribed thereon or attached thereto the name and
address of any person, or if the owner of or the person keeping or
harboring the dog is known, the Animal Control Officer shall immediately
serve on the person whose address is given on the collar, or on the
person owning, keeping or harboring the dog, a notice in writing stating
that the dog has been seized and will be liable to be disposed of
or destroyed if not claimed within seven days after service of the
notice.
(2)
A notice under this subsection may be served either by delivering
it to the 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 collar, or by forwarding it by mail in a prepaid letter
addressed to that person at his usual or last known place of abode
or to the address given on the collar.
D.
Disposition of unclaimed dogs. The Animal Control Officer is authorized
and empowered to cause the destruction of any unclaimed dog, in as
humane a manner as possible, under any of the following contingencies:
(1)
When any dog so seized has not been claimed by the person owning, keeping or harboring such dog within seven days after notice or within seven days of the dog's detention when notice has not been or cannot be given, as set forth in Subsection C of this section.
(2)
If the person owning and keeping or harboring any dog so seized has not claimed the dog and has not paid all expenses incurred by reason of its detention, including maintenance, not to exceed a pickup charge, plus a daily maintenance charge. These fees are set forth in Chapter 215, Fees, of the Township Code.
[Amended 7-18-2017 by Ord. No. 17-029]
E.
Redemption fee. Any dog may be claimed by its owner during the seven-day
custodial period upon the payment to the Animal Control Officer of
a pickup fee and a daily maintenance fee for each day or fraction
thereof that the dog has been in custody. The fee or any portion thereof
may be waived by the Director of the Department of Health, Recreation,
Senior and Veterans Services, based upon a finding of genuine hardship.
[Amended 7-18-2017 by Ord. No. 17-029]
[Amended 4-22-1999 by Ord. No. 99-015; 5-5-2004 by Ord. No.
04-020]
No person shall own, keep or harbor a dog in the Township except
in compliance with the provisions of this article and the following
regulations:
A.
Dogs to wear collar and tag; removal or unlawful use of registration
tag.
(1)
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 thereto.
(2)
No person, except an officer in the performance of his 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.
C.
Running at large. No person owning, keeping or harboring any dog
shall suffer or permit it to run at large upon the public streets
or in any public park, public building or other public place within
the Township.
D.
Leashing. No person owning, keeping or harboring any dog shall suffer
or permit it to be upon the public streets or in any of the public
places of the Township unless such dog is accompanied by a person
over the age of 12 years of age and is securely confined and controlled
by an adequate leash not more than six feet long.
E.
Property damage. No person owning, keeping or harboring a dog shall
permit or suffer it to do any injury or to do any damage to any lawn,
shrubbery, flowers, grounds or property.
F.
Dogs trained to attack prohibited. No person, with the exception
of duly appointed public officials or employees acting in their official
capacity, shall keep, harbor or have custody or possession of any
dog which has been or shall be intentionally trained to attack, injure,
maim or kill any human being or domestic pet, either voluntarily or
upon command.
G.
Adoption from Township shelter. There will be an initial fee, as set forth in Chapter 215, Fees, of the Township Code, to be paid to the Township for each dog adopted from the Township animal control shelter. The fee or any portion thereof may be waived by the Director of the Department of Health, Recreation, Senior and Veterans Services based upon a finding of genuine hardship.
[Amended 7-18-2017 by Ord. No. 17-029]
(1)
The owner of any dog must have the dog spayed or neutered within
60 days of adoption, and verification must be presented to the Animal
Control Officer at the time. The 60 days begins for puppies at the
age of six months.
(2)
When the dog owner or other party presents verification that the
dog has been spayed or neutered or the dog is returned within 60 days
due to allergies, temperament or housing difficulties, the owner or
other party will be refunded $20 from the initial fee by the Township.
Proof of license must also be presented.
(3)
Any dog may be exempted from the requirements of such vaccination
for a specified period of time by the Health Officer, upon presentation
of a veterinarian's certificate stating that, because of an infirmity
or other physical condition or regimen of therapy, the inoculation
of such dog shall be inadvisable. The requirements also do not apply
to dogs held in a kennel or those held by a state-licensed or federally
licensed research facility or a veterinary establishment where dogs
are received or kept for diagnostic, medical, surgical or other treatments,
or licensed animal shelters, pounds, kennels or pet shops.
H.
Exemptions from adoption fee. The Township Division of Police and
other law enforcement agencies and organizations which obtain dogs
from the Township shelter for the purposes of training as Seeing Eye
dogs are exempt from the adoption fees provided in this section.
I.
[2]Animal trap fee. The fee for utilization of an animal trap provided by the Hamilton Township Animal Shelter shall be a deposit in the amount set forth in Chapter 215, Fees, of the Township Code.
[Amended 7-18-2017 by Ord. No. 17-029]
[2]
Editor's Note: Former Subsection I, regarding adoptions of
vicious or potentially dangerous dogs, added 5-3-2016 by Ord. No.
16-015, was repealed 9-18-2018 by Ord. No. 18-045. This ordinance
also provided for the redesignation of former Subsection J as Subsection
I.
No provision of this article shall be construed to apply to
any establishment wherein or whereon dogs are received or kept for
diagnostic, medical, surgical or other treatments, owned by and operated
under the immediate supervision of a graduate veterinarian licensed
in the state.
Where it has been determined by a physician that a person has
been bitten by a dog, such individual, or his parent or guardian if
he is a minor, shall immediately notify the police. When the owner
or keeper of any dog shall be notified by the police that the dog
has bitten any individual, the owner or keeper of the dog must comply
with the following procedures:
A.
Have the dog examined by a licensed veterinarian within 12 hours.
B.
Have the dog kept in quarantine in the owner's home or at a
kennel for a period of 10 days.
C.
At the end of 10 days have the dog reexamined by a veterinarian and
a written report of the dog's state of health sent to the Division
of Health.
