[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. 
As used in this article, the following terms shall have the meanings indicated:
DOG
Any dog, male or female.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
HABITUAL BARKING
The creating of a "noise disturbance" from a habitual barking, yelping, or howling dog continuously for 15 minutes or intermittently for one hour.
KENNEL
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.
LEASH
Any rope, chain, strap, or other restraining device.
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 keeping.
PERSON
An individual, firm, partnership, corporation or association of persons.
PET SHOP
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.
POTENTIALLY DANGEROUS DOG
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.
POUND
An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
RUNNING AT LARGE
The presence of any dog, whether licensed or not, off the lands and premises of its owner and unrestrained by a leash.
SHELTER
Shelters where dogs are received, housed, kept, maintained, or distributed without charges are prohibited in all residential zones.
TOWNSHIP
The Township of Fairfield, County of Cumberland, New Jersey.
VICIOUS DOG
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.
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.
D. 
Registration numbers shall be issued in the order of application.[1]
[1]
Editor's Note: Original § 5-9, Tri-annual dog canvas, which immediately followed this section, was repealed 6-15-2022 by Ord. No. 5-2022).
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:
(1) 
Any dog off the premises of the owner or of the person keeping or harboring said dog which said official or his agent has reason to believe is a stray dog.
(2) 
Any dog off the premises of the owner or the person keeping or harboring said dog without a current registration tag on his collar.
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.
Complaints for the violation of §§ 169-1 through 169-14 of this article may be filed in the Municipal Court of the Township of Fairfield by any citizen, animal control person or persons, or member of law enforcement.
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.
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.
FEED
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.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
WILDLIFE
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.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine assessed in accordance with Chapter 1, § 1-5, General penalty.
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.