Township of Maple Shade, NJ
Burlington County
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Table of Contents
Table of Contents
[Adopted 10-1-1975 as Ch. 49 of the 1975 Code]
A. 
Word usage.
(1) 
The words "and" and "or" may be used interchangeably, and either of the two may be applicable, whichever is more conducive toward the effectuating of this article.
(2) 
Personal pronouns shall mean either the singular or the plural, whichever is applicable and conducive towards the effectuating of this article.
(3) 
The masculine, feminine or neuter gender shall be implied, whichever is appropriate and conducive towards the effectuating of this article.
B. 
The words hereinafter defined shall have the meanings herein indicated for the purpose of this article as follows:
ANIMAL CARE FACILITY
An animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
[Added 6-22-2017 by Ord. No. 2017-10]
ANIMAL RESCUE ORGANIZATION
Any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
[Added 6-22-2017 by Ord. No. 2017-10]
CAT
A member of the species of domestic cat, Felis catus.
[Added 6-22-2017 by Ord. No. 2017-10]
DOG
A member of the species of domestic dog, Canis familiaris.
[Amended 6-22-2017 by Ord. No. 2017-10]
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 premises whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
OWNER
When applied to the proprietorship of a dog, includes every person having a right of property in such dog and every person who has such dog in his or her keeping.
PERSON
An individual, firm, partnership, corporation or association of persons.
OFFER FOR SALE
To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
[Added 6-22-2017 by Ord. No. 2017-10]
PET SHOP
A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.
[Amended 6-22-2017 by Ord. No. 2017-10]
POUND
An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
TOWNSHIP
The Township of Maple Shade, in the County of Burlington.
No person shall keep or harbor any dog within the Township of Maple Shade, in the County of Burlington, without first obtaining a license therefor, to be issued by the Collector of Taxes of the Township upon application by the owner and payment of a prescribed fee, and no person shall keep or harbor any dog in said Township except in compliance with the provisions of this article.
[Amended 10-6-1982 by Ord. No. 1982-16]
No person shall keep or harbor more than four dogs over the age of six months within the Township of Maple Shade, in the County of Burlington, on any premises or lot, with the exception of kennels, pet shops, pounds or shelters as defined herein and in applicable law. In the event that the area of the premises is in excess of one acre, a person may keep or harbor no more than six dogs over the age of six months with the heretofore stated exceptions. Persons owning more than the aforementioned stated number of dogs as of November 5, 1982, shall conform to the provisions of this section by November 5, 1987. In the event that any person keeps or harbors dogs in excess of the aforementioned permitted number (said dogs being referred to hereinafter as "excess dogs"), he or she shall not replace or substitute any dog for an excess dog which dies or permanently leaves the premises. The number and identity of the dogs to be permitted on a premises after October 1, 1982, shall be determined by the issuance of the dog licenses hereinafter provided.
[Amended 9-20-2000 by Ord. No. 2000-11]
Any person who shall own, keep or harbor a dog of licensing age shall, by March 1 of each year, apply for and procure from the Collector of Taxes of the Township 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 10-7-1981 by Ord. No. 1981-17; 10-5-1983 by Ord. No. 1983-12; 9-20-2000 by Ord. No. 2000-11]
A. 
The person applying for the license and registration tag shall pay a fee for the registration of each dog and for each annual renewal. The fee for the license and registration shall be the same as for the original license and tag; and said licenses, registration tags and renewals thereof shall expire on the last day of February in each year.
(1) 
The fee for any dog, nonspayed or nonneutered or any dog which has been sterilized shall be as set forth in Chapter 88, Fees.
[Amended 4-18-1990 by Ord. No. 1990-4]
B. 
Dogs used as guides for blind persons and commonly known as "seeing eye" dogs, dogs used to assist handicapped persons and commonly known as "service dogs," or dogs used to assist deaf persons and commonly known as "hearing ear" 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 or of any dog which attains licensing age shall make application for a license and registration tag for such dog, within 10 days after such acquisition or age attainment.
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- or short-haired variety; also 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 Collector of Taxes of the Township. In addition, he or she shall forward similar information to the State Department of Health each month, on forms furnished by said Department.
C. 
Registration numbers shall be issued in the order of the applications.
A. 
Any person who shall bring or cause to be brought into the Township of Maple Shade, in the County of Burlington, any dog 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, unless such dog is licensed under § 63-10 of this article.
B. 
Any person who shall bring or cause to be brought into the Township any unlicensed dog 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, unless such dog is licensed under § 63-10 of this article.
No person, except an officer in the performance of his or her 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.
A. 
Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Collector of Taxes of the Township for a license entitling him to keep or operate such establishment, which 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 governing body, showing compliance with the local and state rules and regulations governing the location of and sanitation at such establishments.
B. 
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 shall be subject to revocation by the governing body on the recommendations of the State Department of Health or the Township Manager for failure to comply with the rules and regulations of the State Department of Health or the ordinances of the Township governing the same, after the owner has been afforded a hearing by either the State Department of Health or the governing body.
[Amended 9-20-2000 by Ord. No. 2000-11]
C. 
Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; such licenses shall not be transferable to another owner or different premises.
D. 
Every pet shop licensed pursuant to this chapter shall submit annually to the Township, and no later than May 1 of each year, records of the total number of cats and dogs, respectively, sold by the pet shop, and the Township shall provide this information to the local health authority.
[Added 6-22-2017 by Ord. No. 2017-10]
[Amended 4-18-1990 by Ord. No. 1990-4]
The annual license fee for a kennel and for pet shops shall be as set forth in Chapter 88, Fees.
[Added 6-22-2017 by Ord. No. 2017-10]
A. 
A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:
(1) 
An animal care facility; or
(2) 
An animal rescue organization.
B. 
A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old.
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises except on a leash or in a crate or under other safe control.
A. 
License fees and other moneys collected or received under the provisions of this article, except registration tag fees, Pilot Spay Neutering Clinic Fund (PCF) fees, and Animal Population Control Fund (APCF) fees, shall be forwarded to the Treasurer of the Township within 30 days after collection or receipt, shall be placed in a special account separate from any of the other accounts of the Township and shall be used for the following purposes only:
[Amended 10-5-1983 by Ord. No. 1983-12]
(1) 
For collecting, keeping and disposing of dogs liable to seizure under this article.
(2) 
For local prevention and control of rabies.
(3) 
For providing antirabic treatment for any person known or suspected to have been exposed to rabies.
(4) 
For payment of damage to or losses of poultry and domestic animals, except dogs and cats, caused by a dog or dogs.
(5) 
For all other purposes prescribed by the statutes of New Jersey governing the subject.
(6) 
For administering the provisions of this article.
B. 
Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year thereafter; there shall be transferred from such special account to the general funds of the Township any amount then in such account which is in excess of the total amount paid into said special account during the last two fiscal years next preceding; provided, nevertheless, that there may be transferred from said special account to the general funds of the Township at the end of each fiscal year occurring prior to the end of the third fiscal year following passage hereof, all moneys then in said account in excess of the total amount paid into the same during the next two preceding years.
C. 
The registration tag fee of $1, the Pilot Spay Neutering Clinic Fund (PCF) fee of $0.20 and the Animal Population Control Fund (APCF) fee of $3 assessed for any nonsterilized dog of reproductive age shall be forwarded within 30 days after collection by the Collector of Taxes to the State Department of Health.
[Amended 10-5-1983 by Ord. No. 1983-12]
The Collector of Taxes of the Township shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
Any person appointed for the purpose by the governing body of the Township shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township and report to the Collector of Taxes of the Township, the Township Manager of the Township and to the State Department of Health the result thereof, 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, together with the registration number of each of said dogs, and the number of unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.
A. 
Any person appointed for the purpose by the governing body of the Township shall take into custody and impound or cause to be taken into custody and impounded, and thereafter be offered for adoption or destroyed of as provided in this section:
[Amended 9-20-2000 by Ord. No. 2000-11]
(1) 
Any dog off the premises of the owner or of the person keeping or harboring said dog which said official or his or her agent or agents have reason to believe is a stray dog.
(2) 
Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on his or her collar.
(3) 
Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.
(4) 
Any dog or other animal which is suspected to be rabid.
(5) 
Any dog or other animal off the premises of the owner reported to, or observed by, a certified animal control officer to be ill, injured or creating a threat to public health, safety or welfare, or otherwise interfering with the enjoyment of property.
B. 
If any dog so seized 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 known, any person authorized by the governing body shall forthwith serve 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 offered for adoption or destroyed if not claimed within seven days after the service of the notice.
[Amended 9-20-2000 by Ord. No. 2000-11]
C. 
A notice under 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 or her usual or last known place of abode or to the address given on the collar.
D. 
When any dog so seized has been detained for seven days after notice, when notice can be given as above 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 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, or if the dog be unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, any person authorized by the governing body may cause the dog to be offered for adoption or destroyed in a manner causing as little pain as possible.
[Amended 9-20-2000 by Ord. No. 2000-11]
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 or she 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 10-6-1982 by Ord. No. 1982-16]
No person shall keep, harbor or maintain any dog which continuously barks or cries. Any dog which continuously barks or cries shall be deemed to be an objectionable noise pursuant to the Public Health Nuisance Code adopted pursuant to Chapter 130 of the Code of the Township of Maple Shade.
No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park or in any public building or in any other public place within the Township of Maple Shade, in the County of Burlington, or upon any private premises outside the premises of the owner.
No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property.[1]
[1]
Editor's Note: Former § 49-21, Vicious dogs, which immediately followed this section, was deleted 9-20-2000 by Ord. No. 2000-11.
[Added 12-20-2000 by Ord. No. 2000-21]
A. 
No person owning, keeping, harboring or having the custody or possession of a vicious or potentially dangerous dog, as defined, whether registered or not, shall permit such dog to run at large in the Township of Maple Shade or permit such dog to be in or upon any public street, avenue, road or highway or in or upon any public or quasi-public place unless such dog at such time shall be led by a chain, cord or other leash in the hands of a person capable of leading and controlling such dog or shall be securely confined in an automobile or other vehicle.
B. 
Any person who shall own, keep or harbor or have custody or possession of an uncontrolled, vicious or potentially dangerous dog, as defined, and who shall permit said dog to remain on his/her/its premises but outside the confines of a closed structure thereon, must muzzle, legally fence in or securely leash or chain said dog in such a manner as to prevent said dog from attacking or biting a person on said premises.
C. 
No person, with the exception of duly appointed public officials or employees acting in their official capacity, shall own, keep, harbor or have custody or possession of any dog which has been or shall be intentionally trained to attack, injure, maim or kill any human being or domestic pet voluntarily or upon demand. Such dogs shall include, but not be limited to, so-called "sentry," "security," "warehouse" or "K-9" animals which are trained to attack humans or other animals.
[1]
Editor's Note: Former § 63-22, Violations and penalties, as amended, is now located at § 63-22.5.
[Added 12-20-2000 by Ord. No. 2000-21]
The Township of Maple Shade does hereby incorporate N.J.S.A. 4:19-17 et seq. as applicable.
[Added 12-20-2000 by Ord. No. 2000-21]
The owner of a dog which is declared vicious or potentially dangerous shall be responsible for all actual costs and expenses in impounding and destroying the dog, convening the panel, notices and such other administrative functions as may be required to be provided by the Township.
[Added 12-20-2000 by Ord. No. 2000-21]
The annual license fee for a potentially dangerous dog shall be the sum of $150.
[Added 12-20-2000 by Ord. No. 2000-21]
Said license shall provide for the issuance of a dog registration number and a red identification tag. The last three digits of the registration number shall be a three-digit number assigned to the Township of Maple Shade pursuant to the regulations promulgated pursuant to N.J.S.A. 4:19-19 et seq.
[Amended 9-5-1984 by Ord. No. 1984-11; 9-20-2000 by Ord. No. 2000-11; 12-20-2000 by Ord. No. 2000-21; 4-16-2008 by Ord. No. 2008-07]
Any person who shall violate any provisions of this article, upon conviction, shall be subject to the penalty as provided in Chapter 1, Article II, herein.