[Added 10-27-2015 by Ord.
No. 2015-33]
A.
Vaccination
requirements. No person shall own, keep, harbor or maintain any dog
over seven months old unless it is vaccinated and in compliance with
the provisions of this article. This section shall not apply to a
state or federal research facility, a veterinary establishment where
dogs are kept for diagnostic, medical, surgical or other treatments
or licensed animal shelters, pounds, kennels or pet shops.
B.
Vaccination. Except as provided in Subsection D, all dogs shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization published by the National Association of State Public Health Veterinarians and with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Health and Human Services.
C.
Vaccination
certificate. The owner of each dog must, as evidence of such vaccination,
produce a certificate of vaccination, which shall be in a form recommended
by the state and, if no form is so recommended by the state, in a
form approved by the Board of Health. Said vaccination must be current
through at least October 31 of the following licensing year.
D.
Exemptions.
Any dog may be exempted from the vaccination requirements for a specified
period of time by the Board of Health upon presentation of a veterinarian's
certificate stating that, because of an infirmity or other physical
condition, regimen or therapy, the inoculation of such dog is deemed
inadvisable.
[Amended 6-27-2017 by Ord. No. 2017-07; 10-24-2017 by Ord. No. 2017-12]
Any person who shall own, keep or harbor a dog of licensing
age in the Township shall, apply for and procure from the licensing
authority a license and official metal 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.
The owner of any newly acquired dog of licensing age or of any
dog which attains licensing age shall apply for a license and registration
tag for such dog within 10 days after such acquisition or age attainment.
A.
Any person who shall bring or cause to be brought into the Township
any dog currently licensed in any other municipality for the current
year and bearing a registration tag and who 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.
B.
Any person who shall bring or cause to be brought into the Township
any unlicensed dog of licensing age and who 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.
[Amended 11-27-2007 by Ord. No. 2007-37]
A.
Except as otherwise provided in Subsection B of this section, the person applying for the license and registration tag shall pay to the Township of Cranford a fee of $18 for one-year licenses for each spayed or neutered dog, $54 for three-year licenses for each spayed or neutered dog, $21 for one-year licenses for each non-spayed or non-neutered dog, and $63 for three-year licenses for each non-spayed or non-neutered dog, plus the additional sum fixed by state law for the registration of dog. Said licenses, registration tags and renewals thereof shall expire on the last day of January of the respective year of expiration. There shall be a late fee charge of $1 per calendar month for each dog license renewal issued after its expiration.
[Amended 2-12-2008 by Ord. No. 2008-02; 6-27-2017 by Ord. No. 2017-07]
A.
The application shall state the breed, sex, age, color and markings
of the dog for which the license and registration are sought and whether
it is of a long-haired or short-haired variety and the name, street
and post office address of the owner and the person who shall keep
or harbor such dog.
B.
The information on said application and the registration number issued
for the dog shall be preserved for a period of three years by the
licensing authority. In addition, the licensing authority shall forward
to the State Department of Health each month, on forms furnished by
said Department, an accurate account of registration numbers issued
or otherwise disposed of. Registration numbers shall be issued in
the order of the applications.[1]
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.
No person owning or keeping any dog shall permit it to be or
to run at large upon any public street, place or building or upon
premises other than those of the owner of such dog within the Township,
unless such dog shall be accompanied by a person over the age of 12
years and unless such dog shall be securely confined and controlled
by an adequate leash not more than six feet long.
Whenever the Township Committee shall deem it necessary in the
interest of public health or safety, it shall direct the Township
Clerk to issue a proclamation requiring, for a certain time specified,
that all dogs shall be muzzled in such manner as it may direct. The
proclamation shall be published at least once in a newspaper circulating
in the Township. For the execution and performance of such order or
proclamation, the Township Committee is hereby authorized to take
such action as it may deem advisable and necessary.
The licensing authority, or such other person appointed for
the purpose by the Township Committee, shall annually cause a canvass
to be made of all dogs owned, kept or harbored within the Township.
This person shall report, on or before May 1 of each year, the results
of said canvass to the Township Clerk and to the local Board of Health
and to the State Department of Health, by setting forth in separate
columns the names and addresses of persons owning, keeping or harboring
such dogs; the number of licensed dogs owned, kept or harbored by
each of said persons; and the number of unlicensed dogs owned, kept
or harbored by each of said persons, together with a complete description
of each said unlicensed dog.
The Chief of Police or any member of the Police Department acting
under his direction or the Humane Society or its designated agent,
authorized or employed for such purpose by the Township Committee,
shall take into custody and impound or cause to be taken into custody
and impounded the following:
A.
Any dog off the premises of the owner or of the person keeping or
harboring said dog, which said Chief or member of the Police Department
or agent of the Humane Society has reason to believe is a stray dog.
B.
Any dog off the premises of the owner or of the person keeping or
harboring said dog without a current registration tag on its collar.
C.
Any female dog in season off the premises of the owner or of the
person keeping or harboring said dog.
Any officer or agent authorized or empowered to perform any
duty under this article is authorized to go upon any premises to seize
for impounding any dog or dogs which such officer or agent may lawfully
seize and impound when 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 employed to perform any duty under this article.
A.
If any dog seized as provided in § 198-12 wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag or if the owner or the person keeping or harboring said dog is otherwise known, the Chief of Police or person designated by him or agent of any Humane Society authorized or employed to perform the duties prescribed in this article shall forthwith serve or cause to be served on the person whose address is given on the collar or on the owner or on the person keeping or harboring said dog, if known, 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 the service of the notice.
B.
The notice referred to in Subsection A of this section 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 post 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.
C.
When any dog seized in accordance with § 198-12 has been detained for seven days after seizure, when notice can be given as set forth, or has been detained for seven days after seizure, when notice has not been and cannot be given as above set forth, and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention, including maintenance not exceeding $4 per day, and if the dog is unlicensed at the time of the seizure and the person keeping or harboring said dog has not produced a license and registration tag for said dog, the Humane Society may cause the dog to be destroyed in a manner causing as little pain as possible. Any redemption of a dog pursuant to the provisions of this section shall not be deemed to discharge or release the owner thereof from the penalties prescribed in § 198-42 hereof for any violation of this article.[1]
D.
The preceding requirements of Subsections A, B and C of this section shall not be deemed applicable when any dog found running at large or seized and impounded pursuant to § 198-12 (whether licensed or unlicensed) is vicious or appears to be suffering from rabies. In such case, the Chief of Police or any member of the Police Department or agent of the Humane Society may forthwith cause said dog to be destroyed, without incurring any liability for such action.
A.
License fees, redemption fees and other moneys collected or received
under this provision of this article, except registration tag fees,
shall be forwarded by the licensing authority to the Township Treasurer
within 30 days after collection or receipt.[1]
B.
Such fees and other moneys shall be placed in a separate account
from any of the other accounts of the Township and shall be used only
for the purposes permitted by N.J.S.A. 4:19-15.11.
[Amended 6-14-2016 by Ord. No. 2016-14]
For the purposes of this section, the provisions of N.J.S.A.
4:19-17 shall apply.
A.
ANIMAL CONTROL OFFICER
BODILY INJURY
POTENTIALLY DANGEROUS DOG
(1)
(a)
(b)
(c)
(2)
(a)
(b)
SERIOUS BODILY INJURY
VICIOUS DOG
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The individual who serves as a certified municipal animal
control officer or, in the absence of such an officer, the Health
Department officer of the Township of Cranford, or his or her designee.
The Health Department, in conjunction with the Animal Control Officer,
shall be responsible for enforcement of all provisions in this section
and shall have the power and the authority to issue summonses for
violations thereof and to take such actions as prescribed hereunder
to enforce the provisions hereof.
Physical pain, illness, or any impairment of physical conditions.
Any dog or dog hybrid declared by the Municipal Court to be
same if it finds that the dog:
Caused bodily injury as defined herein and 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;
Killed another household animal defined in § 198-1 and poses a threat of serious bodily injury or death to a person or poses a threat of death to another household animal; or
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or household animals.
A dog shall not be declared potentially dangerous for:
Causing bodily injury as defined herein and in N.J.S.A. 2C:11-1a
to a person if that person was committing or attempting to commit
a crime or if that person was tormenting or inflicting pain upon the
dog in such an extreme manner that an attack of such nature could
be considered provoked; or
Killing a household animal if the household animal was the aggressor.
Bodily injury which creates a substantial risk of death or
which causes serious, permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ.
Any dog or dog hybrid declared to be same if the Municipal
Court finds that the dog killed a person or caused serious bodily
injury as defined herein and in N.J.S.A. 2C:11-1b to a person or has
engaged in dog fighting activities as defined in N.J.S.A. 4:22-24
and 4:22-26. A dog shall not be declared vicious for inflicting death
or serious bodily injury as defined herein and in N.J.S.A. 2C:11-1b
upon a person if that person was committing or attempting to commit
a crime or inflicting pain upon the dog in such an extreme manner
that an attack of such nature could be considered provoked.
B.
Seizure and impoundment. The Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog attacked a person and caused death or serious bodily injury, as defined in Subsection A, to that person; caused bodily injury, as defined in Subsection A, to a person during an unprovoked attack and poses a serious threat of harm to persons or household animals; engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26; or has been trained, tormented, badgered, baited, or encouraged to engage in unprovoked attacks upon persons or household animals. 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 as defined in § 198-1.
C.
Settlement agreements; immunity. The Township of Cranford and the
owner of the dog may settle and dispose of the matter at any time
in such manner and according to such terms and conditions as may be
mutually agreed upon. Notwithstanding any provision of N.J.S.A. 4:19-17
et seq. to the contrary, neither the Township of Cranford nor any
of its employees, assignees or contractors shall have any liability
by virtue of having entered into any settlement agreement pursuant
to this section, or for any action or inaction related to the entry
into such agreement, for any injuries or damages caused thereafter
by the dog. The Township of Cranford may, as a condition of the settlement
agreement, also require that the owner of the dog hold the Township
of Cranford harmless for any legal expenses or fees the Township of
Cranford may incur in defending against any cause of action brought
against the Township of Cranford notwithstanding the prohibition against
such causes of action set forth in this section.
D.
Notice of seizure; determination of owner; destruction of dog.
(1)
The Animal Control Officer shall notify the Municipal Court and the Health Department immediately that he or she has seized and impounded a dog pursuant to Subsection B or that he or she has reasonable cause to believe that a dog has killed another household animal and that a hearing is required. The Animal Control Officer 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.
(2)
The
Municipal Court shall, within three working days of the determination
of the identity of the owner of a dog seized and impounded pursuant
hereto, notify by certified mail, return receipt requested, the owner
concerning the seizure and impoundment, and that, if the owner wishes,
a hearing will be held to determine whether the impounded 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.
E.
Declaration of vicious dog.
(1)
The
Municipal Court shall 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 above or has engaged in dog fighting as described
in N.J.S.A. 4:22-24 and 4:22-26.
(2)
A
dog shall not be declared vicious for inflicting death or serious
bodily injury, as defined above, upon a person if the dog was provoked.
The Township of Cranford shall bear the burden of proof to demonstrate
the dog was not provoked.
(3)
If
the Municipal Court declares a dog to be vicious and no appeal is
made of this ruling, the dog shall be destroyed in a humane and expeditious
manner, except that no dog may be destroyed during the pendency of
an appeal.
F.
Declaration of potentially dangerous dog.
(1)
The
Municipal Court shall declare a dog to be potentially dangerous if
it finds, by clear and convincing evidence, that the dog caused bodily
injury to a person during an unprovoked attack and poses a serious
threat of bodily injury or death to a person; or killed another household
animal and poses a threat of serious bodily injury or death to a person
or poses a threat of death to another household animal; or has been
trained, tormented, badgered, baited or encouraged to engage in unprovoked
attacks upon persons or household animals.
(2)
A
dog shall not be declared potentially dangerous for causing bodily
injury to a person if the dog was provoked or for killing a household
animal if the household animal was the aggressor. The Township of
Cranford shall bear the burden of demonstrating that the dog was not
provoked.
G.
Registration of potentially dangerous dog. 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 or her own expense, to the Municipal Clerk for a
special municipal potentially dangerous dog license, municipal registration
number and red identification tag. The owner shall, at his or her
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, municipal
registration number, and red identification tag.
(b)
To display, in a conspicuous manner, a sign on his or her premises
warning that a potentially dangerous dog is on the premises. The sign
shall be visible and legible from 50 feet of the enclosure.
(c)
To immediately erect and maintain an enclosure, commonly referred
to as a "dog run," for the potentially dangerous dog, which 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 the potentially dangerous dog
by an unknowing individual. The potentially dangerous dog 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 condition:
(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 naming the Township of
Cranford 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.
H.
Procedure for appeal. 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 pursuant to
this section 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 courts
of limited jurisdiction.
I.
Liability of owner.
(1)
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 for the costs and expenses of impounding and destroying
the dog. The owner shall 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.
(2)
If
the dog has bitten or exposed a person 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.
J.
Hearing for subsequent actions of dog. 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.
K.
Duties of owner of potentially dangerous dog. The owner of a potentially
dangerous dog shall:
(1)
Comply
with the provisions of this section and N.J.S.A. 4:19-17 et seq.,
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 Municipal Clerk, the Police Department, and the Animal Control
Officer if a potentially dangerous dog is at large or has attacked
a human being or killed a household animal.
(3)
Notify
the Municipal Clerk, the Police Department, and the Animal Control
Officer 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 Department of Health, the County Department
of Health, the licensing authority, the Police Department, and Animal
Control Officer 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, pay a potentially dangerous
dog license fee as provided in this section.
L.
Violations and penalties; enforcement. The owner of a potentially
dangerous dog who is found by clear and convincing evidence to have
violated this section 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 not more than $1,000 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. The Animal Control Officer is authorized to
seize and impound any potentially dangerous dog whose owner fails
to comply with the provisions of this section 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.
M.
Registration and license; report of violations.
(1)
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 or she has complied with the court's orders, shall be issued.
The Animal Control Officer shall verify, in writing, compliance to
the Municipal Clerk.
(2)
A
notice to report violations of this section shall be made to the Municipal
Clerk's office. A copy of this section shall be on file with the Department
of Health.
N.
The fee for all potentially dangerous dog licenses shall be $150
annually and each renewal thereof.
A.
No person owning, harboring, keeping or in charge of any dog shall
cause, suffer or allow such animal 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
upon any public property whatsoever or upon any private property without
the permission of the owner of said property.
B.
In the event that any dog shall, through inadvertence or otherwise,
soil, defile, defecate on or commit any nuisance contrary to the foregoing
restrictions, the person owning, harboring, keeping or in charge of
such dog shall immediately remove all feces deposited by such dog.
C.
The provisions of this section shall not apply to blind persons who
may use dogs as guides.
D.
The provisions of this section shall be enforced upon written complaint
by the complaining witness filed in the Municipal Court.
