Township of Mount Olive, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 12-20-1966 by Ord. No. 14-66; amended in its entirety 5-25-1976 (Ch. 106, Art. I, of the 1990 Code)]
As used in this article, the following terms shall have the meanings indicated:
AT LARGE
Off the premises of the owner and not under the control of the owner and not under the control a member of his immediate family, either by leash, cord or chain.[1]
BITE
To seize with the teeth or jaws so as to enter, nip or grip the person or thing seized; also to cut, wound, pierce or to impress deeply the person or thing seized.
DOG
Any dog, bitch, spayed bitch or neutered dog.
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 or breeding dogs for sale is carried on, except a pet shop.
OWNER/KEEPER
Any person who shall possess, maintain, house, harbor, or feed any pet or stray animal, or otherwise have custody of any pet or animal, whether or not the licensed owner of such pet or animal.
[Amended 8-4-2020 by Ord. No. 15-2020]
OWNER'S PREMISES
Includes the building and the plot of land on which said building stands in which the owner of a dog has a place of abode or place of business in the Township.
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
A dog declared potentially dangerous.
[Added 7-10-1990 by Ord. No. 28-90; amended 9-22-2015 by Ord. No. 20-2015]
POUND
An establishment for the confinement of dogs seized under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed.
[Amended 9-25-1990 by Ord. No. 40-90]
TOWNSHIP
The Township of Mount Olive in the County of Morris.
VICIOUS DOG
Any dog declared vicious.
[Amended 7-10-1990 by Ord. No. 28-90; 9-22-2015 by Ord. No. 20-2015]
[1]
Editor's Note: The former definition of "Animal Control Officer," as amended, which immediately followed this definition, was repealed 7-24-2018 by Ord. No. 21-2018.
[Amended 7-10-1990 by Ord. No. 28-90; 7-24-2018 by Ord. No. 21-2018]
The position of Animal Control Officer (ACO) is hereby established. The ACO shall be appointed by the governing body and subject to the control and direction of the Health Officer or his/her designee. The ACO shall be responsible for animal control within the jurisdiction of the Township and shall enforce and abide by the applicable provisions of Title 4, Chapter 19, of the New Jersey Revised Statutes, and any amendments thereof, and the provisions of this chapter.
[Added 7-24-2018 by Ord. No. 21-2018[1]]
The position of Municipal Humane Law Enforcement Officer (HLEO) is hereby established under the jurisdiction of the Township Police Department. The HLEO shall be appointed by the governing body, upon the recommendation of the Chief of Police. The HLEO shall be responsible for animal welfare within the jurisdiction of the Township, and shall enforce and abide by the provisions of Title 4, Chapter 22, of the New Jersey Revised Statutes, and any amendments thereof, and the provisions of this chapter. The HLEO shall be authorized to investigate and sign complaints, arrest violators, and otherwise act as an officer for detection, apprehension, and arrest of offenders against the animal welfare and animal cruelty laws of the state and ordinances of the Township.
[1]
Editor's Note: This ordinance also redesignated former §§ 169-3 through 169-48 as §§ 169-4 through 169-49, respectively.
[Amended 7-10-1990 by Ord. No. 28-90]
No person shall keep, within the limits of the Township of Mount Olive, any vicious dog. Any allegedly vicious dog found within the limits of the Township of Mount Olive may be seized by the ACO and shall be impounded until a final adjudication as hereinafter specified; provided, however, that if any dangerous, fierce or vicious dog is found at large and cannot be seized, taken up and impounded, such dog may be slain by the ACO or a police officer.
No person shall keep within any residential zone of the Township of Mount Olive any dog causing a nuisance and disturbing the peace and quiet of the neighborhood in which it shall be kept by excessive, loud and continuous howling, barking and/or making and causing other such sounds or noises.
[Amended 9-25-1990 by Ord. No. 40-90; 7-13-2004 by Ord. No. 17-2004]
A. 
No person shall keep or harbor or suffer the keeping or harboring of, within the limits of the Township of Mount Olive, any dog of licensing age without first obtaining a license therefor, to be issued by the Mount Olive Township Health Department upon application by the owner or some person on behalf of the owner and payment of the prescribed fee; and no person shall keep or harbor any dog in said Township except in compliance with the provisions of this article and the provisions for the control of dogs contained in N.J.S.A. 4:19-15.1 through 4:19-15.29 and any amendments thereof. No dog license shall be issued without proof of rabies immunization.
B. 
Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Health Department for a license entitling him to keep or operate such establishment. The application shall describe the premises where the establishment is located or is proposed to be located and the purpose or purposes for which it is to be maintained and shall be accompanied by the written approval of the Township Board of Health, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments and certification that it adheres to the Township of Mount Olive Zoning Ordinance.[1] 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 the last day of June of each year and be subject to revocation by the municipality on recommendations of the State Department of Health or the Local Board of Health for failure to comply with the rules and regulations of the State Department of Health or the Local Board of Health governing the same, after the owner has been afforded a hearing by either the State Department of Health or Local Board of Health. Any person holding such a license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; and such license shall not be transferable to another owner. All dogs of licensing age held in a kennel or pet shop shall be given rabies shots, and certificates shall be held for inspection by the Board of Health.
[1]
Editor's Note: See now Ch. 400, Land Use.
[Amended 7-10-1990 by Ord. No. 28-90]
Any person who shall own, keep or harbor or suffer the keeping or harboring of any dog of licensing age within the Township of Mount Olive shall, in the month of January and annually thereafter, apply for and procure from the Township Health Officer a license and official registration tag for each such dog so owned, kept or harbored and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.
[Amended 7-13-1976 by Ord. No. 13-76; 12-28-1976 by Ord. No. 36-76; 9-23-1980 by Ord. No. 23-80; 3-10-1981 by Ord. No. 1-81; 8-23-1983 by Ord. No. 12-83; 11-27-1984 by Ord. No. 33-84; 9-23-1986 by Ord. No. 23-86; 6-27-1989 by Ord. No. 16-89]
A. 
The person applying for a license and registration tag shall pay a fee of $16 for each dog. The owner of any dog which is not neutered or spayed at the time application is made for the license and registration tag shall pay $3 in addition to the fee described above. No owner of a dog will be exempt from the surcharge of $3 unless the owner presents a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered. Of the total fee paid for any dog, the Township of Mount Olive shall send $1 to the New Jersey State Board of Health for rabies control, pursuant to the provisions contained in N.J.S.A. 4:19-15.11 and any amendments thereof, and $0.20 to the State of New Jersey, designated for the Pilot Clinic Fund pursuant to the Laws of 1983, Chapter 181.[1] Mount Olive Township shall send the surcharge of $3 to the State of New Jersey, designated for the Animal Population Control Fund pursuant to the Laws of 1983, Chapter 172.[2] The remainder of each fee shall be retained by the Township of Mount Olive for the animal control budget. For each annual renewal, the fee for the license shall be the same as for the original license, and said license, registration tag and renewal thereof shall expire on the last day of January in each year. Any dog owner or person harboring a dog or found to have an unlicensed dog by the Township Animal Control Officer or any other municipal official after February 1 shall be required to pay an additional delinquent fee of $3 per month, plus the required license fee as provided in this article for his dog license, together with any other fines due to summonses issued that may be imposed on him as provided in this article for failure to obtain a dog license before February 1. The aforementioned fee shall not apply to dogs which have been acquired by the owner after February 1. The owner, however, must present sufficient proof to establish that said dog was acquired after February 1. Dogs used as guides for handicapped persons and commonly known as "hearing ear" and "Seeing Eye" dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor. The owner of any newly acquired dog of licensing age shall make application for such license and registration tag for such dog within 10 days after such acquisition or age attainment.
[Amended 12-11-2007 by Ord. No. 48-2007; 12-6-2016 by Ord. No. 30-2016]
[1]
Editor's Note: See N.J.S.A. 4:19-15.3c
[2]
Editor's Note: See N.J.S.A. 4:19-15.3b.
B. 
The annual license fee for kennels and pet shops shall be as set forth by state law (N.J.S.A. 4:19-15.9 or any amendments thereto).
C. 
Section 169-17C(3) shall apply to potentially dangerous dogs.
[Added 7-10-1990 by Ord. No. 28-90]
[Amended 9-27-1977 by Ord. No. 28-77]
A. 
No owner of any dog shall suffer or permit such dog to be upon any private property, other than the premises of the owner, without consent of the owner or tenant of said property. No owner of any dog shall suffer or permit any dog to be upon public property or within a street or roadway unless the dog is leashed and accompanied by its owner or designated representative.
[Amended 3-22-1988 by Ord. No. 13-88]
B. 
No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon any private property without the permission of the owner of said property. The restriction in this section shall not apply to that portion of the street lying between the curblines, which shall be used to curb such dog under the following conditions:
(1) 
The person who so curbs such dog shall immediately remove all feces deposited by such dog by any sanitary method approved by the local health authority. No person shall allow the feces deposited by such dog to escape into a storm sewer.
(2) 
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed, in accordance with the provisions of this section, in a sanitary manner approved by the local health authority.
(3) 
The provisions of this section shall not apply to blind persons who may use dogs as guides.
C. 
The owner or other person who is walking a dog shall be responsible to immediately remove any defecation of the dog from the ground, unless such occurs on the property of the owner.
[Added 3-22-1988 by Ord. No. 13-88]
[Amended 7-10-1990 by Ord. No. 28-90]
A. 
The ACO of the Township of Mount Olive, when in immediate pursuit of a dog or dogs which he may lawfully seize or impound under the provisions of this article or under the statutes of the State of New Jersey, is hereby authorized to go upon or enter into any premises, but not to enter an inhabited dwelling house without permission of the owner, to seize such dog or dogs for impounding; and such entry shall not be deemed a trespass, except that the ACO may not go upon any premises if the owner thereof or the owner's representative is present and forbids him to do so.
B. 
A suitable animal pound or equivalent facilities shall be provided by the Township of Mount Olive, and it shall be the duty of the ACO to clean and otherwise take care of said pound or facility and to feed regularly and give other necessary care to any and all animals impounded therein.
[Amended 7-10-1990 by Ord. No. 28-90]
A. 
It shall be the duty of the ACO to seize and impound any dog when he has reasonable cause to believe that the dog:
(1) 
Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1b to that person;
(2) 
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;
(3) 
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26; or
(4) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
B. 
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 Municipal Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.
C. 
A complete registry of all such dogs so seized shall be made, which shall include the breed, color and sex of such dog and whether licensed. If licensed, the name and address of the owner and the number of the license tag shall be recorded.
[Amended 7-10-1990 by Ord. No. 28-90; 10-14-2014 by Ord. No. 20-2014]
A. 
The ACO shall notify the Municipal Court and the Township Health Officer immediately that he has seized and impounded a dog pursuant to § 169-11 or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The ACO shall, through a reasonable effort, attempt to determine the identity of the owner of any dog seized and impounded. If its owner cannot be identified within seven days, that dog may be humanely destroyed and all fees paid pursuant to § 169-18B.
B. 
The Animal Control Officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to § 169-11, notify, by certified mail, return receipt requested, the owner concerning the seizure and impoundment and that, if the owner wishes, a hearing pursuant to § 169-11, will be held to determine if the dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted or, if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed and all fees paid pursuant to § 169-18B. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter or does not reply to the certified letter with a signed statement within seven days of receipt, the dog may be humanely destroyed, and all fees paid pursuant to § 169-18B.[1]
[1]
Editor's Note: Original § 106-11.1, Selection of panel; notification of hearing, added 7-10-1990 by Ord. No. 28-90, which immediately followed this subsection, was repealed 10-14-2014 by Ord. No. 20-2014.
[Added 7-10-1990 by Ord. No. 28-90; amended 10-14-2014 by Ord. No. 20-2014]
The Municipal Court shall:
A. 
Declare the dog vicious if it finds by clear and convincing evidence that the dog killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1b to a person; or has engaged in dog-fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26. However, a dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1b upon a person if the dog was provoked. The Township shall bear the burden of proof to demonstrate that the dog was not provoked. If the Municipal Court declares a dog to be vicious and no appeal is made of this ruling pursuant to § 169-14 of this article, the dog shall be destroyed in a humane and expeditious manner and all fees paid pursuant to § 169-18B, except that no dog may be destroyed during the pendency of an appeal.
B. 
Declare a dog to be potentially dangerous if it finds that the dog 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 bodily injury or death to a person; or severely injured or killed another domestic animal and poses a threat of serious bodily injury or death to a person or poses a threat of death to another domestic animal; or has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals. However, a dog shall not be declared potentially dangerous for causing bodily injury as defined in N.J.S.A. 2C:11-1a to a person if the dog was provoked; or severely injuring or killing a domestic animal if the domestic animal was the aggressor. The Township shall bear the burden of proof to demonstrate that the dog was not provoked.
[Added 7-10-1990 by Ord. No. 28-90; amended 10-14-2014 by Ord. No. 20-2014]
The owner of the dog or the Animal Control Officer may appeal any final decision, order or judgment, including any conditions attached thereto, of the Municipal Court 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 the courts of limited jurisdiction.
[Added 7-10-1990 by Ord. No. 28-90; amended 10-14-2014 by Ord. No. 20-2014]
A. 
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 municipality in which the dog is impounded for the costs and expenses of impounding and destroying the dog, pursuant to § 169-18B of this article. The owner shall also incur the 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.
B. 
If the dog has bitten or exposed a person to rabies within 10 days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.
[Added 7-10-1990 by Ord. No. 28-90; amended 10-14-2014 by Ord. No. 20-2014]
If the Municipal Court finds that the dog is not vicious or potentially dangerous, the Municipal Court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog.
[Added 7-10-1990 by Ord. No. 28-90; amended 7-13-2004 by Ord. No. 17-2004; 10-14-2014 by Ord. No. 20-2014]
A. 
If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:
(1) 
Shall require the owner to comply with the following conditions:
(a) 
To apply, at his own expense, to the Mount Olive Township Health Department for a special potentially dangerous dog license, registration number and red identification tag issued pursuant to Subsection C of this section. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a potentially dangerous dog license, registration number and red identification tag.
(b) 
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)(c) of this section.
(c) 
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 enclosure 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 comply with the following conditions:
(a) 
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 Township 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) 
To tether the dog within the enclosure with a tether approved by the ACO and having a minimum tensile strength in excess of that required to fully secure the dog and of a length which prohibits the dog from climbing, jumping or digging out of the confined area.
B. 
The ACO shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with Subsection A(1)(b) and (c) of this section.
C. 
The Township Health Officer shall:
(1) 
Issue a potentially dangerous dog registration number and red identification tag along with a potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he has complied with the court's orders. The last three digits of each potentially dangerous dog registration number issued by the Township will be the three-number code assigned to the Township in the regulations promulgated pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify compliance, in writing, to the Mount Olive Township Health Department.
(2) 
Publicize a telephone number for reporting violations of this section. This telephone number shall be forwarded to the State Department of Health, and any changes in this number shall be reported immediately to the State Department of Health.
(3) 
Collect a fee in the amount of $300 for each potentially dangerous dog license and renewal thereof.
D. 
The owner of a potentially dangerous dog shall:
(1) 
Comply with the provisions of this section in accordance with a schedule established by the Municipal Court, but in no case more than 60 days subsequent to the date of determination.
(2) 
Notify the Township Health Officer, Township Police Department and the ACO if a potentially dangerous dog is at large or has attacked a human being or killed a domestic animal.
(3) 
Notify the Township Health Officer, Township Police Department and the ACO within 24 hours of the death, sale or donation of a potentially dangerous dog.
(4) 
Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous.
(5) 
Upon the sale or donation of the dog to a person residing in a different municipality, notify the State Health Department and the Township Health Officer, Township Police Department and ACO of that municipality of the transfer of ownership and the name, address and telephone of the new owner.
(6) 
In addition to any license fee required pursuant to Section 3 of P.L. 1941, c. 151 (N.J.S.A. 4:19-15.3), pay a potentially dangerous dog license fee to the municipality as provided by Subsection C of this section.
[Amended 7-13-1976 by Ord. No. 13-76; 9-23-1980 by Ord. No. 23-80; 3-22-1983 by Ord. No. 4-83; 7-23-1985 by Ord. No. 22-85; 4-26-1988 by Ord. No. 18-88; 7-10-1990 by Ord. No. 28-90; 9-25-1990 by Ord. No. 40-90; 2-9-1993 by Ord. No. 3-93; 7-13-2004 by Ord. No. 17-2004; 12-11-2007 by Ord. No. 48-2007; 10-14-2014 by Ord. No. 20-2014; 8-4-2020 by Ord. No. 15-2020]
A. 
No dog, cat or other domestic animal shall be euthanized by the Township' s Animal Control solely because the holding period required by state law has expired. When the holding period has expired and no one has come forward to claim the animal, placement procedures will commence. The Animal Control Officer shall ask local shelters and rescue groups, including but not limited to the Mt. Olive TNR Project, to assist with placement of the homeless animal. If placement is still needed, the Animal Control Officer shall notify Animal Control Officers from other towns in the area that the animal needs placement and ask for their assistance. Impounded feral cats shall be trap-neuter-returned by the TNR sponsor or, in the rare circumstance where that is not possible, placed at a barn or other outdoor home by the TNR sponsor.
B. 
Euthanasia shall be an act of mercy as a last resort limited to the following animals, who are exempt from the placement procedures in Subsection A:
(1) 
An animal suspected to carry and exhibiting signs of rabies, as determined by a licensed veterinarian; or
(2) 
A dog who, after having physically attacked a person, has been determined by a court having competent jurisdiction to be dangerous pursuant to state law and cannot be safely contained by the owner or placed with a rescue, shelter, or sanctuary; or
(3) 
An animal who has a terminal medical condition which causes great suffering with little hope of respite, defined as an animal identified by a veterinarian who, if not euthanized, will die an agonizing death regardless of where or under whose care it is housed (i.e., a veterinary hospital or foster home with access to hospice).
C. 
When any dog has been seized in accordance with § 169-11 as a potentially dangerous dog, and has been detained for seven days after seizure when notice has been given as set forth in § 169-12, and if the owner or person keeping or harboring said dog has not claimed said dog, the ACO shall obtain a behavior assessment from a qualified behaviorist to see if the dog can be safely placed with a rescue, shelter, or sanctuary without posing unreasonable risk of serious injury to a person. If the results of the behavior assessment indicate the dog can be so placed, the procedures in Subsection A shall be followed. If the results of the behavior assessment indicate the dog cannot be so placed, the dog may be euthanized as a last resort.
D. 
The Township shall not enter into a shared service agreement to provide animal control services to any municipality that does not follow the policies set forth in Subsections A and B, § 169-40 allowing trap-neuter-return of feral cats, and § 169-46 regarding disposition of feral cats already trap-neuter-returned.
E. 
The following charges shall be paid to the Township of Mount Olive as expenses incurred by reasons of detention in accordance with the provisions of this article:
(1) 
Pickup of any dog or cat:
(a) 
First offense: $50.
(b) 
Second offense: $75.
(c) 
Third/subsequent offense: $100 to $500.
(2) 
Maintenance, per day: $4.
(3) 
Euthanasia:
(a) 
Dog: $45.
(b) 
Cat: $45.
(4) 
Disposal/cremation:
(a) 
Dog: $45.
(b) 
Cat: $45.
(5) 
Quarantine:
(a) 
Dog: $40.
(b) 
Cat: $30.
(6) 
All veterinarian fees.
F. 
The charges specified herein shall be the responsibility of the detained animal's owner/keeper, regardless of whether the owner/keeper resides in Mt. Olive Township. Such charges shall be paid to the Mount Olive Township Health Department, and a receipt shall be provided to the person paying such charges, which receipt will be the authority for the Animal Control Officer to release the animal to the owner or person claiming such animal. If the person reclaiming the animal is unable to pay all charges at once due to financial hardship, the Animal Control Officer may offer a reasonable payment plan to enable the person to reclaim the animal and stop incurring new fees. In cases of severe financial hardship, the Animal Control Officer may waive part or all of the fees to enable the person to reclaim their animal. No impounded animal shall be sold, given, released or turned over to any agency, organization or corporation, whether governmental or private, for experimentation or other like purposes.
[Added 7-10-1990 by Ord. No. 28-90]
All fines and fees collected or received by the Township Health Officer shall be deposited in a special account and used by the Township to administer and enforce all sections of this Code relating to potentially dangerous or vicious dogs.
No person shall hurt, molest or interfere with anyone authorized or empowered to perform any duty under this article.
[Amended 11-27-1984 by Ord. No. 34-84; 7-10-1990 by Ord. No. 28-90; 9-25-1990 by Ord. No. 40-90; 12-11-2007 by Ord. No. 48-2007]
A. 
Unless otherwise provided by statute, any person violating the provisions of this article shall, upon conviction thereof, be punished by a fine not exceeding $50 for the first offense, a fine not exceeding $75 for the second offense and a fine not less than $100, nor more than $500, for the third and each subsequent offense, within any eighteen-month period.
B. 
The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this article, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court's order shall be subject to a fine of $100 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The Municipal Court shall have jurisdiction to enforce this section. An Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of this article, or any rule or regulation adopted pursuant thereto, or a court's order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.
[Added 7-10-1990 by Ord. No. 28-90]
The provisions of this article relevant to potentially dangerous and vicious dogs shall not apply to dogs used for law enforcement activities.
[Added 7-10-1990 by Ord. No. 28-90]
A. 
The Township Health Officer or his authorized agent shall be permitted by the owner or person in charge of a dog, cat or other animal which has attacked or bitten a person to examine the animal at any time, and daily if desired, within a period of 10 days after the animal has attacked or bitten a person, to determine whether the animal shows symptoms of rabies.
B. 
If the animal dies within the 10 days' confinement period or if the owner or person in charge of the animal elects to destroy the animal at any time during the confinement period, the local Board of Health may order that a laboratory examination for rabies be performed.
C. 
No person shall refuse, obstruct or interfere with the local Board in making any examination authorized pursuant to this section.
[Added 7-10-1990 by Ord. No. 28-90]
The Township Health Officer and his authorized agents are authorized to take all steps necessary to execute the goals and procedures outlined in N.J.S.A. 4:19A-1 et seq.
[Amended 9-25-1990 by Ord. No. 40-90]
Dogs specifically trained and performing the function of Seeing Eye dog, hearing ear dog or other service dogs used to assist handicapped persons shall be exempt from all fees as set forth in § 169-8 of this article, and such dogs shall be permitted on all public properties.
[Added 3-2-2010 by Ord. No. 6-2010]
The following shall constitute the rules and regulations as it pertains to usage of the dog park located within the Township of Mount Olive:
A. 
No dogs in heat are permitted in the dog park.
B. 
Puppies under four months of age are not permitted in the dog park.
C. 
Owners who are unable to produce a current rabies vaccination certificate upon request by the licensed animal control officer or other appropriate Township official will be asked to leave the dog park with their dog(s).
D. 
No toys or treats are permitted in the dog park.
E. 
Owners are required to pick up and bag their dog's waste and dispose of same in the approved containers located in the dog park. Failure to do so shall constitute grounds for removal from the dog park.
F. 
Smoking or tobacco products are strictly prohibited in the dog park.
G. 
Owners not having voice or physical control over their dog shall be asked to leave the dog park if their dog is out of control.
H. 
Dogs must have a collar or harness displaying a current dog license.
I. 
Dogs must be on leash from parking lot to the dog park.
J. 
No pronged or pinch collars are permitted in the dog park.
K. 
No glass receptacles or alcohol is permitted in the dog park.
L. 
Failure to maintain control of gates entering and exiting the dog park may be grounds for removal.
M. 
Failure to provide information to the owner of dog which may have been injured by your dog shall be grounds for removal.
N. 
No human or dog food snacks are permitted in the dog park.
O. 
No children under the age of nine are permitted in the dog park.
P. 
Children ages nine to 16 must be under the supervision of an adult at all times.
Q. 
Excessive barking is prohibited.
R. 
No other animals may be brought into the dog park.
S. 
The dog's owner/handler must carry a leash with him or her at all times while in the dog park.
T. 
Owners/handlers must stop their dogs from digging and immediately fill any holes dug.
U. 
Using the dog park when closed or during the hours from dusk to dawn is prohibited.
V. 
Any behavior of the owner or dog which may interfere with the enjoyment or safety or welfare of the dog park patrons or the dogs shall be grounds for removal.
[Added 8-4-2020 by Ord. No. 15-2020]
The Animal Control Officer (ACO) of the Township of Mount Olive may periodically, at the discretion and direction of the Township, conduct a census of all dogs owned, kept or harbored within the limits of the Township of Mount Olive.