[HISTORY: Adopted by the Township Committee of the Township
of Fairfield as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-18-2013 by Ord. No. 04-2013 (Ch. V of the 1980 Code)]
A.
DOG
DOG OF LICENSING AGE
HABITUAL BARKING
KENNEL
LEASH
OWNER
PERSON
PET SHOP
POTENTIALLY DANGEROUS DOG
POUND
RUNNING AT LARGE
SHELTER
TOWNSHIP
VICIOUS DOG
As used
in this article, the following terms shall have the meanings indicated:
Any dog, male or female.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
The creating of a "noise disturbance" from a habitual barking,
yelping, or howling dog continuously for 15 minutes or intermittently
for one hour.
Any establishment, location or premises wherein or whereon
more than five dogs are harbored, kept or maintained, or the business
of boarding, selling or breeding dogs for sale is carried on. This
shall not apply to the temporary (until weaned) keeping of dogs which
have been born to a female dog kept on the same premises. Kennels
are prohibited in all residential zones.
Any rope, chain, strap, or other restraining device.
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 keeping.
An individual, firm, partnership, corporation or association
of persons.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept and displayed. Pet shops
are prohibited in all residential zones.
Any dog or dog hybrid declared potentially dangerous by a
Municipal Court pursuant to § 7 of P.L. 1989, c. 307, N.J.S.A.
4:19-23.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
The presence of any dog, whether licensed or not, off the
lands and premises of its owner and unrestrained by a leash.
Shelters where dogs are received, housed, kept, maintained,
or distributed without charges are prohibited in all residential zones.
The Township of Fairfield, County of Cumberland, New Jersey.
Any dog or dog hybrid declared vicious by a Municipal Court
pursuant to § 6 of P.L. 1989, c. 307, N.J.S.A. 4:19-22.
B.
Word usage.
The singular shall include the plural, and the plural the singular.
[Amended 6-15-2022 by Ord. No. 5-2022]
No person shall keep or harbor any dog within the Township of
Fairfield, in the County of Cumberland, without first obtaining a
license therefor, to be issued by the Township Clerk.
A.
The person applying for the license and registration tag shall pay
a fee of $10 for the registration of each spayed dog and $13 for the
registration of each unspayed dog, before January 31 of each calendar
year, effective January 2013. A late fee of $20 shall be charged for
each license not applied for by March 31 of each calendar year.
B.
Any person applying for a license and registration tag for a dog
determined to be potentially dangerous pursuant to N.J.S.A. 4:19-7
et seq. of the Laws of the State of New Jersey shall pay a fee of
$500.
Dogs used as guides for blind persons and commonly known as
"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 or of any
dog which attained the licensing age shall make application 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
of Fairfield any dog licensed in another state for the current year
and bearing a registration tag, and shall keep same or permit 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 another section 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 another section of this article.
A.
The application shall state the breed, sex, age, color, and markings
of the dog for which the license and registration are being sought,
and whether it is of a long- or short-haired variety; also, the name,
street, post office address, and telephone number of the owner and
the person who shall keep or harbor such dog.
B.
The information on said application and said registration number
issued shall be preserved for a period of three years by the Municipal
Clerk.
A.
No person in the Township of Fairfield shall own, possess, harbor
or have in custody any dog over seven months of age unless such dog
has been vaccinated or inoculated against rabies by a licensed veterinarian.
B.
Such vaccination or inoculation shall consist of an anti-rabies vaccine
of standard and accepted quality and formula, the duration of which
shall be noted on the vaccination certificate or tag.
C.
No license or registration tag will be issued unless proof of rabies
vaccination or inoculation has been presented to the Township Clerk.
A.
Any person appointed for that purpose by the governing body of the
Township of Fairfield shall take into custody and impound, or cause
to be taken into custody and impounded and thereafter destroyed or
disposed of as provided in this section:
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 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 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.
C.
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 set forth above, and the owner or person keeping or harboring
said dog has not claimed same dog and paid all expenses incurred by
reason of its detention, including maintenance, not exceeding $4 per
day, or if the dog is unlicensed at the time of the seizure and the
owner or person keeping or harboring said dog has not produced a license
or registration tag for said dog, any person authorized by the governing
body may cause the dog to be destroyed in a manner causing as little
pain as possible.
[Amended 6-15-2022 by Ord. No. 5-2022]
Any agent authorized 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
official 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 to perform any duty under this article.
A.
It shall be unlawful for any person to own, keep, maintain, harbor,
or have possession any dog which by frequent or habitual barking shall
cause a disturbance by creating a serious annoyance or disturbance
to any individual or to the neighborhood.
B.
No person owning, keeping, or harboring any dog shall suffer or permit
it to run at large upon the public streets or in a public park or
in any public building or in any other public place within the Township
or upon any private premises outside the premises of owner.
No person, owning, keeping, or harboring a dog shall suffer
or permit it to do any damage to any lawn, shrubbery, flowers, grounds,
or property.
A.
No person owning, possessing, harboring, keeping, walking, or in
custody or charge of any dog shall cause, suffer, permit, or allow
such dog to soil, defile, defecate on, or commit any nuisance on any
common thoroughfare, sidewalk, passageway, bypath, play area, park,
school ground, 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. However, it shall be
a complete defense to a violation of this section that such person
immediately shall have removed and disposed of all feces and droppings
deposited by said dog in a suitable and sanitary manner.
B.
Any person owning, possessing, harboring, keeping, walking, or in
custody or charge of any dog shall have in his or her possession appropriate
sanitary means to remove immediately any feces and droppings which
may be deposited by such dog on or in the areas enumerated or described
above. Such means shall include, but are not limited to, a scooper,
shovel, container, disposal bag, wrapper, or other implement.
C.
Disposal in a suitable and sanitary manner shall include, but shall
not be limited to, taking the removed feces and droppings home in
container, disposal bag, or wrapper and placing the same in a trash
can or removing the same from the container, bag, or wrapper and disposing
same in the sanitary sewer.
D.
In no event shall disposal in a suitable and sanitary matter include
the placement of unwrapped feces or droppings in trash can, the placement
or disposal into a storm sewer, or the burial of said feces or droppings
on or in property or areas enumerated and described above.
E.
The prohibition contained in this section shall not apply to any
blind person owning, possessing, harboring, keeping, walking, in custody
or charge of, or accompanied by a guide dog or seeing eye dog.
No person owning, possessing, harboring, keeping, or in custody
or charge of any dog or dogs shall cause, suffer, permit, or allow
the accumulation of dog feces or droppings upon his or her property
or upon property occupied by him or her, to the extent that the odor
may be noticeable to any adjoining property owner or owners, or it
creates or results in an attraction for vermin breeding or any other
public health nuisance to adjoining property owners or neighbors.
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.
A.
Any person who keeps, operates, or proposes to establish a kennel
or pet shop shall apply to the Township Clerk for a license entitling
him or her to keep or operate such establishment, on which application
shall describe the premises where the establishment is located or
is proposed to be located and the purpose for which it is to be maintained
and shall be accomplished 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 establishment.
B.
All licenses issued for kennels or pet shops 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 recommendation of the State
Department of Health or the Mayor of the Township of Fairfield for
failure to comply with the rules and regulations of the State Department
of Health or the ordinances of Fairfield Township, or governing body
of same, after the owner has been afforded a hearing by either the
State Department of Health, or the governing body, or as may be required
by N.J.S.A. 4:19-15.8.
C.
Any person holding such license shall not be required to secure individual
licenses for dogs owned by such licensee and kept at such establishment.
Such licenses shall not be transferable to another owner or different
premises.
[Amended 6-15-2022 by Ord. No. 5-2022]
The annual license fee for a kennel providing accommodations
for 10 or fewer dogs shall be $10 and for more than 10 dogs shall
be $25. The annual license for a pet shop shall be $10. No fee shall
be charged for a shelter or pound.
No dogs kept in a kennel, pet shop, shelter, or pound shall
be permitted off such premises, except on a leash, in a crate, or
under other safe control.
A.
License fees and other monies collected or received under the provisions
of this article, except those fees which are forwarded to the state
of New Jersey, shall be forwarded to the tax office of the Township
and shall be placed in two special accounts separate from any of the
other accounts and shall be used for the following purposes:
[Amended 6-15-2022 by Ord. No. 5-2022]
(1)
For collecting, keeping, and impounding of dogs liable to seizure
under this article.
(2)
For local prevention and control of rabies.
(3)
For payment of damage to or losses of poultry and domestic animals,
except dogs, caused by an unknown dog or dogs.
(4)
For administering the provisions of this article.
(5)
For providing for dog control in Fairfield Township.
B.
The registration tag fee of $1 for each dog and all other fees collected
in connection with dog licensing and registration shall be forwarded
within 30 days after collection by the Township Clerk to the State
Department of Health.
A.
It shall be the duty of the animal control officer of the Township
to receive and investigate complaints against dogs, in accordance
with N.J.S.A. 4:19-17 through 4:19-37.
B.
The Municipal Court of the Township of Fairfield is charged with
determining whether a dog is vicious or potentially dangerous based
on criteria provided by state statute, N.J.S.A. 4:19-17 through 4:19-37.
No dog which has been so determined to be a vicious or potentially
dangerous dog shall be permitted to run at large or be upon any street
or public place in the Township of Fairfield, except while securely
muzzled and under leash, and the owner or person harboring any such
vicious or potentially dangerous dog who shall suffer or permit such
dog to run at large or be upon any street or public place in said
Township while not securely muzzled and under leash shall be guilty
of a violation of this article.
A.
No owner or person in charge shall fail to provide their animals
with humane care and treatment, sufficient, good, and wholesome food
and water, proper shelter and protection from weather, and veterinary
care when needed to prevent suffering.
B.
No person shall beat, cruelly ill treat, torment, overload, overwork,
or otherwise abuse any animal or cause or permit any fight between
animals and humans.
C.
No owner of an animal shall abandon such animal.
[Amended 4-20-2016 by Ord. No. 8-2016]
A.
Any person who violates or refuses to comply with any part of the
provisions of this article or with the rules and regulations promulgated
by the State Department of Health governing the sanitary conduct and
operations of kennels, pet shops, shelters, or pounds to preserve
sanitation therein and prevent the spread of rabies and other diseases
of dogs within and from such establishments shall be liable to a fine
of not more than $2,000 or imprisonment for not more than 90 days,
or both, for each offense, to be recovered by and in the name of the
Township.
B.
Any person who fails to obtain a dog license and registration tag as herein provided shall be liable to a fine of not less than $50 and not more than $200. Any person who violates or fails to comply with any part of §§ 169-9 through 169-22 shall, upon conviction thereof, be liable to a fine not to exceed $2,000 for each offense or by imprisonment for a term not to exceed 90 days, or both, at the discretion of the court.
Any person found violating or refusing to comply with any part
of this article, resulting from a complaint filed in the Municipal
Court of the Township of Fairfield by a citizen, animal control person
or persons of the Township on three or more occasions shall be denied
the issuance of a license to keep or harbor any dog within the Township
of Fairfield and any or all dogs shall be removed by order of the
Municipal Court of the Township of Fairfield.
If any section, subsection, part, clause, or phrase of this
article shall be declared invalid by judgment of any court of competent
jurisdiction, such section, subsection, part, clause, or phrase shall
be deemed to be severable from the remainder of the article.
[Adopted 10-18-2023 by Ord. No. 11-2023]
The purpose of this article is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Township of Fairfield, so as to protect public health, safety,
and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
All animals that are neither human nor domesticated.
No person shall feed, in any public park or on any other property
owned or operated by the Township of Fairfield, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers, or feral cats as part of an approved trap-neuter-release
program).
The provisions of this article shall be enforced by the Fairfield
Township Code Enforcement Officer. Any person found to be in violation
of this article shall be ordered to cease the feeding immediately.
Each section, subsection, sentence, clause, and phrase of this
article is declared to be independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this article to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this article.
This article shall be in full force and effect from and after
its adoption and any publication as may be required by law.
