[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:
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]
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.
Any dog, bitch, spayed bitch or neutered dog.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
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]
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.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
A dog declared potentially dangerous.
[Added 7-10-1990 by Ord. No. 28-90; amended 9-22-2015 by Ord. No. 20-2015]
An establishment for the confinement of dogs seized under
the provisions of this article or otherwise.
Any establishment where dogs are received, housed and distributed.
[Amended 9-25-1990 by Ord. No. 40-90]
The Township of Mount Olive in the County of Morris.
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as amended, which immediately followed this definition, was repealed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.
[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.
[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]
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.
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.
[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.
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.
