Township of Middletown, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Middletown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 336.
Nuisances — See Ch. 341.
Pet waste disposal — See Ch. 423, Art. V.
[Adopted 8-4-1997 by Ord. No. 97-2479 as Ch. 68, Art. I, of the 1996 Township Code]
[Amended 7-22-1991 by Ord. No. 91-2258]
As used in this article, the following terms shall have the meanings indicated:
CAT OR DOG OF LICENSING AGE
Any cat or dog which has attained the age of seven months or which possesses a set of permanent teeth.[1]
KENNEL
Any establishment wherein the business of boarding, selling or breeding dogs is carried on, except a pet shop.
OWNER
Every person having a right of property, or having custody or keeping a dog or cat, or who harbors, maintains, regularly feeds, or knowingly permits a dog or cat to remain on or about premises occupied by that person.
[Amended 5-21-2007 by Ord. No. 2007-2915]
PERSON
Any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein cats or dogs for sale are kept or displayed.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to N.J.S.A. 4:19-23.
[Added 5-21-2007 by Ord. No. 2007-2915]
POUND
An establishment for the confinement of cats or dogs seized either under this article or otherwise.
RUN AT LARGE
Includes the running or standing of any dog, on any street or other public or private place (except on the property of the owner or custodian), unattended and not under the immediate control of some responsible person able to control such dog and secured by a leash not longer than six feet.
SHELTER
Any establishment where dogs are received, housed and distributed.
[Amended 8-4-1997 by Ord. No. 97-2479]
WOLF HYBRID
Any animal known as a wolf-dog hybrid, which is a cross between a domestic dog and a wolf, or descendent of a wolf hybrid.
[Added 11-15-1999 by Ord. No. 99-2561]
[1]
Editor's Note: The former definition of "curbed," as added 5-21-2007 by Ord. No. 2007-2915, which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 7-22-1991 by Ord. No. 91-2258]
No person shall own, keep or harbor any dog or cat within the Township without first obtaining a license therefor from the Department of Health and Social Services upon application and payment of the prescribed fee, and no person shall keep or harbor any cat or dog except in compliance with this article.
[Amended 7-22-1991 by Ord. No. 91-2258]
A. 
Any person who shall own, keep or harbor a cat or dog of licensing age shall apply for and procure a license and official metal registration tag for each such cat or dog and shall place upon each cat or dog a collar or harness with the registration tag securely fastened thereto.
B. 
No license or official metal registration tag shall be granted unless the owner provides evidence that the cat or dog has received the inoculation for rabies in accordance with Compendium of Animal Rabies Vaccines and Recommendations for Immunization, published by the National Association of State Public Health Veterinarians and, as to dogs, except as provided in N.J.A.C. 8:23A-4.3, the dog owner provides satisfactory evidence that the dog has been inoculated for rabies with a vaccine having a duration of at least 10 of the 12 months of licensing period. Dogs having a duration of immunity against rabies expiring prior to 10th month of the licensing period must be revaccinated prior to issuance of a license.
[Amended 5-21-2007 by Ord. No. 2007-2915]
[Amended 7-22-1991 by Ord. No. 91-2258]
Only one license and registration tag shall be required in any licensing year for any cat or dog in the Township, and such license and tag issued by any other municipality of this state shall be accepted as compliance with §§ 137-3 and 137-7.
[Amended 7-22-1991 by Ord. No. 91-2258]
A. 
The owner of any newly acquired cat or dog of licensing age or one which attains licensing age shall make application for license and registration tags within 10 days after such acquisition or age attainment.
B. 
Any person who shall bring or cause to be brought into the Township any dog or cat licensed in another state for the current year, and bearing a registration tag, and shall keep the same or permit the same to be kept within the Township for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog or cat unless the license is not required under § 137-9.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Any person who shall bring or cause to be brought into the Township any unlicensed dog or cat and shall keep the same or permit the same to be kept within the Township for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog or cat unless the license is not required under § 137-9.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 7-22-1991 by Ord. No. 91-2258]
A. 
The application shall provide breed, sex, age, color and markings of the cat or dog, whether it is a long or shorthaired variety, and other information about the animal as determined appropriate by the Health Office. The application shall also provide the name, street address and post office address of the owner, who must be an adult at least 18 years old, and the person who shall keep or maintain such cat or dog.
[Amended 5-21-2007 by Ord. No. 2007-2915]
B. 
Information on said application and the registration number issued for said dog shall be preserved for a period of three years by the Township Department of Health and Social Services. The Township Department of Health and Social Services shall forward to the State Department of Health an accurate account of registration numbers issued or otherwise disposed of.
[Amended 8-4-1997 by Ord. No. 97-2479[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 7-22-1991 by Ord. No. 91-2258; 8-4-1997 by Ord. No. 97-2479]
A. 
The annual license fee for neutered cats or spayed dogs and for nonneutered cats or nonspayed dogs and for each annual renewal shall be as set forth in Chapter 240, Fees.
B. 
Licenses and registration tags shall annually expire on December 31 (dogs) and August 31 (cats) each year.
C. 
Dogs used as guides for blind persons, commonly known as "Seeing Eye" dogs, dogs used to assist handicapped persons, commonly known as "service" dogs, dogs used to assist deaf persons, commonly known as "Hearing Ear" dogs, dogs used in law enforcement, commonly known as "K-9" dogs, must be licensed and registered, except that the owner or keeper of such dog shall not pay any fee therefor.
[Amended 5-21-2007 by Ord. No. 2007-2915]
D. 
The animal license fee for a potentially dangerous dog authorized pursuant to N.J.S.A. 4:19-31 shall be as set forth in Chapter 240, Fees.
[Added 5-21-2007 by Ord. No. 2007-2915]
E. 
Subject to the exceptions for newly acquired animals set forth in § 137-5, the owner of any dog not currently licensed after January 31 of each year or any cat not currently licensed after September 30 of each year shall be subject to a violation notice/summons as per § 137-21 and/or a license late fee as per § 240-2.
[Added 5-21-2007 by Ord. No. 2007-2915]
[Amended 7-22-1991 by Ord. No. 91-2258]
No person, except an officer in the performance of his duties, shall remove the registration tag from the collar of any cat or dog without the consent of the owner, nor shall any person attach a registration tag to a cat or dog for which it is not issued.
[Amended 8-4-1997 by Ord. No. 97-2479]
A. 
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Township Health Officer for a license entitling him to keep or operate such establishment. All licenses issued for such establishments shall state the purpose for which the establishment is maintained, shall expire on the last day of June of each year, and shall not be transferable to another owner or different premises.
[Amended 5-21-2007 by Ord. No. 2007-2915]
B. 
Any person holding such license shall not be required to secure individual licenses for dogs and cats owned by such licensee and kept at such establishments.
The application shall describe the premises where the establishment for a kennel, pet shop, shelter or pound 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 Health Officer showing compliance with the local and state rules and regulations governing the location of and sanitation at such establishments.
[Amended 8-4-1997 by Ord. No. 97-2479]
A. 
The annual license fee for a kennel providing accommodations for dogs shall be as set forth in Chapter 240, Fees. The annual license fee for a pet shop shall be as set forth in Chapter 240, Fees. No fee shall be charged for a shelter or pound.
B. 
License fees for such establishments shall be paid with the application.
[Amended 5-21-2007 by Ord. No. 2007-2915]
The Township 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 licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
[Amended 8-4-1997 by Ord. No. 97-2479]
No dog or cat kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on leash or in a crate or under other safe control.
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Township Health Officer for failure to comply with the applicable provisions of this article or the rules and regulations of the State Department of Health, or of the Township Division of Health governing the same, after the licensee has been afforded a hearing by either the State Department of Health or the Township Division of Health.
A. 
License or other fees collected under the provisions hereof, except those paid to the state, shall be turned over to the Treasurer within 30 days of collection. The fees collected shall be accounted for and spent in accordance with N.J.S.A. 4:19-15.11, as amended.
B. 
The registration tag fee for each dog shall be forwarded within 30 days after collection by the Township Health Officer to the State Department of Health.
[Amended 8-4-1997 by Ord. No. 97-2479; 5-21-2007 by Ord. No. 2007-2915[1]]
[1]
Editor's Note: Original § 68-16, Canvass of dogs, report, as amended 8-4-1997 by Ord. No. 97-2479, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No person owning, keeping or harboring a dog shall permit, suffer or allow said dog to:
(1) 
Run at large within the limits of the Township, except that this provision shall not apply to hunting dogs during hunting season or while they are being trained, provided that at all times such dogs are under the control of the owner or trainer.
(2) 
Be off the premises of such owner or person so harboring said dog or upon a street or other public place in the Township, unless the dog shall be accompanied by a person who is capable of controlling such dog and has the dog securely confined and controlled by an adequate leash not more than six feet long.[1]
[1]
Editor's Note: Original Subsection C, regarding soiling or defiling, as amended 5-21-2007 by Ord. No. 2007-2915, and Subsection D, regarding injury or damage, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Ch. 423, Art. V, Pet Waste Disposal.
(3) 
Habitually bark, howl or cry. The habitual barking, howling or crying of a dog or dogs in the Township is hereby declared to be a disturbing noise within the meaning of N.J.S.A. 40:48-1, Subsection 8, and a nuisance.
B. 
No hybrid dog, such as a wolf hybrid or other domestic animal or breed of dog that has been crossbred with wildlife, shall be kept, maintained, or housed within the Township.[2]
[Added 11-15-1999 by Ord. No. 99-2561]
[2]
Editor's Note: Original § 68-18, Responsibility for damage, of the 1996 Township Code, which immediately followed this section, was repealed 5-21-2007 by Ord. No. 2007-2915.
[Amended 5-21-2007 by Ord. No. 2007-2915]
Any Township Animal Control Officer, Health Officer, Registered Environmental Health Specialist, Code Enforcement Officer, or police officer of the Township is authorized to enforce the provisions of this chapter and issue summonses for violations. The Township Committee shall also have power to enter into contracts with one or more persons for the exercise of the duties of Animal Control Officer and to enforce the provisions of this chapter.
[Amended 7-22-1991 by Ord. No. 91-2258]
A. 
The Animal Control Officer or other authorized person may take into custody and impound and thereafter dispose of as provided by law:
[Amended 5-21-2007 by Ord. No. 2007-2915]
(1) 
Any cat or dog running at large in the Township.
(2) 
Any cat or dog off the premises of the owner or the person keeping or harboring said cat or dog without a current registration tag on his collar, and in the case of a dog not controlled by a leash as provided in this article.
(3) 
Any female cat or dog in season, off the premises of the owner or the person keeping said cat or dog.
B. 
Any owner may reclaim his cat or dog. The fee for reclaiming a dog shall be as set forth in Chapter 240, Fees; the fee for reclaiming a cat shall be set forth in Chapter 240, Fees.
[Amended 8-4-1997 by Ord. No. 97-2479]
C. 
When any cat or dog has been detained for seven days after notice, when notice can be given in accordance with law, and if the owner or person keeping said cat or dog has not claimed said cat or dog and paid all fees incurred by reason of its seizure and detention, the Animal Control Officer may dispose of the cat or dog in a humane manner or offer for adoption.
[Amended 8-4-1997 by Ord. No. 97-2479; 5-21-2007 by Ord. No. 2007-2915]
D. 
No cat or dog or other animal detained or impounded shall be sold or otherwise made available for the purpose of experimentation.
Any officer or agent authorized or empowered to perform any duty under this article is hereby authorized to go upon any premises to seize for impounding any dog or dogs which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if said owner is present and forbids the same.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
[Amended 8-4-1997 by Ord. No. 97-2479; 5-1-2006 by Ord. No. 2006-2876; 5-21-2007 by Ord. No. 2007-2915]
Except as otherwise provided in N.J.S.A. 4:19-15.1 et seq., any person who violates or who fails or refuses to comply with §§ 137-2, 137-3, 137-5, 137-8, 137-9, 137-13, 137-16, 137-20 and 137-22 of this chapter or with the rules and regulations promulgated by the State Department of Health pursuant to N.J.S.A. 4:19-15.14, as amended and supplemented, shall be liable to a penalty of not less than $35 nor more than $100 for each offense, to be recovered by and in the name of the Township, except that for the first offense in cases of violations of § 137-2, 137-3 or 137-5 of this article, the penalty shall be not less than $25 nor more than $75 to be recovered in like manner.
[Adopted 8-4-1997 by Ord. No. 97-2479 as Ch. 68, Art. II, of the 1996 Township Code]
[Amended 5-21-2007 by Ord. No. 2007-2915]
No person shall allow any farm animal, including but not limited to any horse, mule, cattle, swine, goat, sheep, chicken, duck, or rooster, to run at large on public property or on private property without the consent and authority of the owner of that property.
[Amended 8-22-1988 by Ord. No. 2063; 5-1-2006 by Ord. No. 2006-2876; 5-21-2007 by Ord. No. 2007-2915]
Any person adjudicated as having violated or refuses to comply with § 137-22 shall be subject to the penalties in § 137-21.