As used in this chapter:
a.
"Dog"
shall mean any dog, bitch or spayed bitch.
b.
"Dog
of licensing age" shall mean any dog which has attained the age of
seven months or which possesses a set of permanent teeth.
c.
"Kennel"
shall mean any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
d.
"Pet
shop" shall mean any room or group of rooms, cage or exhibition pen,
not part of a kennel, wherein dogs for sale are kept or displayed.
e.
"Pound"
shall mean an establishment for the confinement of dogs seized either
under the provisions of this section or otherwise.
f.
"Shelter"
shall mean any establishment where dogs are received, housed and distributed
without charge.
g.
"Owner"
when applied to the proprietorship of a dog shall include every person
having a right of property in such dog and every person who has such
dog in his keeping.
h.
"Vicious
dogs" shall mean any dog which has been declared by a judge of the
Municipal Court to be a vicious dog or which has attacked or bitten
any human being on more than one separate occasion within a period
of one year or which habitually attacks other dogs or domestic animals.
Any person who shall own, keep or harbor a dog of licensing
age shall apply for and procure from the designated licensing official,
a license and official metal registration tag for each dog so owned,
kept or harbored, and shall place upon each dog a collar or harness
with the registration tag securely fastened thereto. This annual license
and official metal registration tag shall be obtained by January 31
of each calendar year for that calendar year.
The owner of any newly acquired dog of licensing age or of any
dog which attains licensing age, shall make application for license
and registration tag for such dog within ten days after such acquisition
or age attainment.
No license or official metal registration tag shall be granted
for any dog unless the owner thereof provides evidence that the dog
to be licensed and registered has been inoculated 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, Education and Welfare or has been certified
exempt as provided by regulations of the State Department of Health.
The recognized duration of immunity, interval of inoculation, certificate
of vaccination, and certificate of exemption shall be such as is provided
for in regulations promulgated by the State Department of Health.
Dogs used as guides for blind persons and commonly known as
"seeing eye" dogs, or dogs used to assist deaf persons and commonly
known as "hearing ear" dogs, shall be licensed and registered as other
dogs provided for herein, except that the owner or keeper of such
dog shall not be required to pay any fee therefor.
License forms and uniform official metal registration tags designed
by the State Department of Health shall be furnished by the township
and shall be numbered serially and shall bear the year of issuance
and the name of the township.
The application shall state the breed, sex, age, color and markings
of the dog for which 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. The information on the application and the registration
number issued for the dog shall be preserved for a period of three
years by the animal control warden. In addition, he shall forward
to the State Department of Health each month, on forms furnished by
that department, an accurate account of registration numbers issued
or otherwise disposed of. Registration numbers shall be issued in
the order of the applications.
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 shall keep, harbor or maintain any dog which habitually
barks or cries to the extent of annoying adjoining neighbors and residents.
No person owning, keeping or harboring a dog shall permit or
suffer it to run at large in the township.
No person owning, keeping or harboring a dog shall permit or
suffer it to do any injury or damage to any lawn, garden, shrubbery,
flowers, grounds or other property.
a.
The animal control warden 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 the dog which the official or his 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 the dog without a current registration tag on his collar.
3.
Any female dog in season off the premises of the owner or of the
person keeping or harboring the dog.
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 the owner or the person keeping or harboring the dog is known,
the animal control warden shall forthwith serve on the person whose
address is given on the collar, or on the owner or the person keeping
or harboring the 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.
c.
A notice under this subsection 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 as his 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 no notice has been given as above
set forth and if the owner or person keeping or harboring the dog
has not claimed the dog and paid all expenses incurred by reason of
its detention, including maintenance not exceeding four ($4.00) dollars
per day, and if the dog be unlicensed at the time of the seizure and
the owner or person keeping or harboring the dog has not produced
a license and registration tag for the dog, the animal control warden
may cause the dog to be destroyed in a manner causing as little pain
as possible and consistent with the provisions of R.S.4:22-19. No
dog or other animal so caught and detained or procured, obtained,
sent or brought to the pound or shelter 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 chapter 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 the 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 chapter.
Any person who shall own, keep or harbor any animal may request
destruction of such animal. The fee for euthanasia and the disposal
of the body shall be established by resolution of the township council.
No person shall keep or harbor any dog within the township,
which is not licensed under the provisions of this chapter or is not
wearing the required license.
No person shall allow a female dog in season to wander off the
premises of the owner or person keeping or harboring the dog.
Any cat shall be considered a public nuisance and shall be subject to subsection 5-3.4, if it has no owner or custodian; if it has no place of care, or shelter; or if it habitually trespasses upon or damages either private or public property; or if it bites, scratches, or harms persons within the township.
No person shall keep, harbor or maintain more than five dogs
of licensing age or five adult cats at one time in any residential
housing unit or on its grounds, or in any business establishment or
on its grounds. This restriction shall not apply to properly licensed
kennels, pet shops, pounds, or shelters.
The person owning, keeping or harboring any dog or cat seized, by the township, shall be required to pay all expenses incurred by reason of its detention, including veterinary and maintenance expenses and any expenses which may be incurred by the township if necessary to destroy said animal, as well as an administration fee as set forth in Chapter XXIV, subsection 24-2.1 for the impoundment of each dog and cat.
a.
Purpose. The purpose of this subsection is to establish requirements
for the proper disposal of pet solid waste in the Township of Roxbury,
so as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
b.
Definitions. For the purpose of this subsection, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this subsection 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.
1.
"Immediate" shall mean that the pet solid waste is removed at once,
without delay.
2.
"Owner/keeper" shall mean any person who shall possess, maintain,
house or harbor any pet or otherwise have custody of any pet, whether
or not the person is the owner of such pet.
3.
"Person" shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
4.
"Pet" shall mean a domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
5.
"Pet solid waste" shall mean waste matter expelled from the bowels
of the pet; excrement.
6.
"Proper disposal" shall mean placement in a designated waste receptacle,
or other suitable container, and discarded in a refuse container which
is regularly emptied by the municipality or some other refuse collector;
or disposal into a system designed to convey domestic sewage for proper
treatment and disposal.
c.
Requirement for disposal. All pet owners and keepers are required
to immediately and properly dispose of their pet's solid waste deposited
on any property, public or private, not owned or possessed by that
person.
d.
Exemptions. Any owner or keeper who requires the use of a disability
assistance animal shall be exempt from the provisions of this subsection
while such animal is being used for that purpose.
e.
Enforcement.
1.
The provisions of this subsection shall be enforced by any officer
or employee of the Township of Roxbury.
2.
Any person, firm or corporation who is found to be in violation of
any of the provisions of this subsection shall, upon conviction, be
punished by a fine not to exceed one thousand ($1,000.00) dollars
or by imprisonment in the county jail for a period not to exceed 90
days or by both such fine and imprisonment, and each violation of
any of the provisions of this subsection and each day the same is
violated shall be deemed and taken to be a separate and distinct offense.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 15-77.
The provisions of N.J.S.A. 4:19-17 through 4:19-36, and such
amendments as may from time to time become law, are hereby incorporated
herein by reference.
a.
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 to the township for the costs and expenses of impounding
and destroying the dog in accordance with the schedule of costs and
expenses established by the township. The owner shall also incur the
expense of impounding the dog in a facility other than a municipal
pound, regardless of whether the dog is ultimately found to be vicious
or potentially dangerous.
b.
The fee for a license for a potentially dangerous dog authorized
pursuant to N.J.S.A. 4:19-31 is hereby established at two hundred
forty ($240.00) dollars which fee is intended to recognize the cost
to the municipality of monthly inspections pursuant to N.J.S.A. 4:19-32
and administrative costs related to enforcement of this section.
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 clerk
for a license entitling him to keep or operate such establishment.
b.
The application shall describe the premises where the establishment
is located or is proposed to be located, the purpose or purposes for
which it is to be maintained, and shall be accompanied by the written
approval of the local municipal and health authorities showing compliance
with the local and State rules and regulations governing location
of and sanitation at such establishments.
c.
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 annually on June 30 and be subject to revocation
by the township on recommendation of the State Department of Health
or the local department of health for failure to comply with the rules
and regulations of the State Department or local department governing
the same after the owner has been afforded a hearing by either the
State Department or local department.
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.
The annual license fee for a kennel shall be as set forth in Chapter XXIV, subsection 24-4.1.
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 other
safe control.
There shall be an animal control warden to be appointed by the
township manager for a term which shall run from the date of appointment
until January 1 next after his appointment and who shall receive such
compensation for his services as the township council may provide
by ordinance.
a.
The animal control warden shall perform all of the duties as outlined
hereinafter and shall be responsible to the township council through
the business administrator for carrying out these duties. The duties
outlined in no way limit the responsibility of the animal control
warden, but are to be used as guide. Additional duties relating to
animal control may be assigned to the animal control warden by the
township council or the business administrator as and when necessary.
b.
The animal control warden shall issue dog licenses in accordance with the provisions of R.S. 4:19-15.2 et seq., and shall collect therefor such registration fees as are fixed by section 5-2 of this revision. Regular office hours shall be held for this purpose during the month of January in each year.
c.
The animal control warden shall make a canvass of all dogs within
the township each year in accordance with R.S. 4:19-15.15.
d.
The animal control warden shall answer all complaints regarding stray
animals, animals causing a nuisance or animals doing damage to personal
property. He shall make an investigation of such complaint and take
into custody and impound animals as required by the New Jersey Statutes
and the township ordinances.
e.
The animal control warden shall also be "keeper of the pound." As
such, he shall be responsible for watering, feeding and maintenance
of all animals impounded, and for the cleaning of the pound. He shall
notify the business administrator of the animal food requirements
in order to allow sufficient time for reorder and delivery of food
supplies.
f.
The animal control warden shall be responsible for the maintenance
of accurate records of all animals impounded. He shall collect such
charges for any animals redeemed by the owner as are fixed by ordinance
governing redemption. All such monies collected will be turned over
to the township treasurer no later than 48 hours after collection.
g.
He shall immediately notify the health officer of any cases of persons
bitten by animals and shall assist him in any way to find and impound
the animal involved. He shall work with the health officer to see
that the animal is quarantined either by the owner or in the animal
pound in the case of an animal not identifiable as to ownership.
h.
In the event the animal pound becomes a holding pound for animals
from other municipalities, the animal control warden shall keep a
separate record of the animals received from each municipality involved
so that proper billings can be made to those municipalities.
i.
He shall participate in the annual rabies control program under the
direction of the health officer.
j.
(Reserved)
k.
(Reserved)
l.
Any injured dogs picked up by the animal control warden shall be
delivered to a licensed veterinarian for examination and recommendation.
[Amended 2-11-2020 by Ord. No. 01-20]
The penalty for violation of this chapter other than § 5-3.2 shall be not less than $5 nor more than $50 for each offense, except that the penalty for a first offense of failure to secure a license shall be not less than $1 nor more than $50 in accordance with the provisions of N.J.S.A. 4:19-15.19. Any summons or complaint issued for a violation of § 5-3.2 of this chapter shall require a court appearance of the individual so charged, and the penalty for a first violation of § 5-3.2 of this chapter shall be a fine that is not less than $50 nor greater than $200. For any subsequent violation(s) of § 5-3.2 of this chapter occurring within five years of the first, the penalty shall be a fine that is not less than $300 nor greater than $1,000, or by imprisonment for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof, in the court’s discretion.
shall mean for the purpose of this section, dog or cat.
shall mean any person or agency designated or certified by
the State of New Jersey to enforce the provisions of this section.
shall mean any member of the domestic feline species: male,
female, or altered.
shall mean any cat which has attained the age of seven (7)
months, or which possesses a set of permanent teeth.
shall mean any room or group of rooms, cage. or exhibition
pen, not part of a kennel, wherein cats for sale are kept or displayed.
shall mean the act of providing space or making available
food or shelter in such a manner which attracts a cat or cats to one's
premises.
shall mean the department of health or any designated representative
thereof charged with administering the issuance and/or revocation
of permits and licenses under the provisions of this section.
shall mean rendered permanently incapable of reproduction
as certified by a licensed veterinarian.
shall mean when applied to the proprietorship of a cat, every
person having a right of property or custody in such cat and every
person who has such cat in his/her keeping, or who harbors or maintains
a cat or knowingly permit s a cat to remain on or about any premises
occupied by that person.
shall mean any individual. corporation. partnership, organization,
or institution commonly recognized by law as a unit.
a.
Vaccination and license requirements. No person shall own, keep,
harbor, or maintain any cat over seven months of age within the Township
of Roxbury, unless such cat is vaccinated and licensed. The provisions
of this section do not apply to cats held in a cattery, or those held
by a State or federal licensed research facility, or a veterinary
establishment where cats are received or kept for diagnostic. medical,
surgical, or other treatments, or licensed animal shelters. pounds,
kennels, or pet shops.
b.
Vaccination. All cats shall be vaccinated against rabies by a licensed
veterinarian in accordance with the latest "Compendium of Animals
Rabies Vaccines and Recommendations for Immunization" published by
the National Association of State Public Health Veterinarians, except
as provided for in paragraph d.
c.
Vaccination certificate. A certificate of vaccination shall be issued
to the owner of each animal vaccinated on a form recommended by the
State.
d.
Exemptions. Any cat may be exempted for the requirements of such
vaccination for a specified period of time by the local board of health,
upon presentation of a veterinarian's certificate stating that because
of an infirmity or other physical condition, or regimen of therapy.
the inoculation of such cat shall be deemed inadvisable.
a.
Cats must have license number displayed. Any person who shall own,
keep, or harbor a cat of licensing age shall annually apply for and
procure from the clerk of the municipality, or other official designated
by the governing body thereof, by resolution, to license cats In the
municipality in which he/she resides, a license and official registration
tag with license number, or a registration sleeve for each cat so
owned. kept. or harbored, and shall place upon such cat a collar,
or other device with the license number securely fastened or displayed
hereto. Acceptable methods of displaying license number shall include,
but are not limited to. break-away or elastic collars. License tags
or sleeves are not transferable.
b.
Time for applying for license. The owner of any newly acquired cat
of licensing age, or of any cat which attains licensing age, shall
make application for license tag or sleeve for such cat within ten
days after acquisition or age attainment. This requirement will not
apply to a nonresident keeping a cat within the Township of Roxbury
for no longer than 90 days.
c.
Cats brought into Township of Roxbury. Any person who shall bring,
or cause to be brought into the Township of Roxbury, any cat licensed
in another state for the current year, and bearing registration tag
or sleeve, and shall keep the same or permit the same to be kept within
the Township of Roxbury for a period of more than 90 days, shall immediately
apply for a license and registration tag or sleeve for each such cat.
Any person who shall bring or cause to be brought into the Township
of Roxbury any unlicensed cat, and shall keep same or permit same
to be kept within the Township of Roxbury for a period of more than
ten days, shall immediately apply for a license and registration tag
or sleeve for each such cat.
d.
Application, contents, preservation of information. The application
shall state the breed, sex, age, color, and markings of the cat for
which 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
cat. The information on said application and the registration number
issued for the cat shall be preserved for a period of three years
by the clerk or other local official designated to license cats in
the municipality.
e.
License forms and tags. License forms and official tags or sleeves
shall be furnished by the municipality and shall be numbered serially,
and shall bear the year of issuance and the name of the municipality.
f.
Evidence of inoculation with rabies vaccine or certification of exception; requirement for license. No municipal clerk or other official designated by the governing body of any municipality to license cats therein shall grant any such license and official registration tag or sleeve for any cat, unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated 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 Human Services, or has been certified exempt as provided by subsection 5-8.2 of this section. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.
g.
License fee schedule. A license shall be issued after payment of a fee as set forth in Chapter XXIV, subsection 24-2.2.
h.
Fees, renewals, expiration date of license. License from another
municipality shall be accepted. The person applying for the license
and registration tag and/or sleeve shall pay the fee fixed or authorized.
The fee for the renewal of license and registration tag or sleeve
shall be the same as for the original, and said license, registration
tag or sleeve and renewal thereof shall expire on January 31st of
each year in the following year.
Only one license and registration tag or sleeve shall be required
in the licensing year for any cat in the Township of Roxbury. Any
valid New Jersey license tag or sleeve issued by a New Jersey municipality
shall be accepted by this municipality as evidence of compliance.
i.
Loss of license. If a license tag or sleeve has been misplaced or
lost, the licensing officer may issue a duplicate license and/or registration
sleeve for that particular cat at a fee of one ($1.00) dollar.
j.
Proof of licensing. Proof of licensing shall be produced by any person
owning, keeping, maintaining, or harboring a cat, upon the request
of any health official, police officer, animal control officer, or
other authorized person.
k.
Interfering with persons performing duties under this section. No
person shall hinder, molest, or interfere with anyone authorized or
empowered to perform any duty under this section.
l.
Disposition of fees collected. License fees and other moneys collected
or received under the provisions of this section shall be forwarded
to the treasurer of the municipality, and shall be placed in a special
account separate from any of the other accounts of the municipality
and shall be used for the following purposes only: collecting, keeping,
and disposing of cats liable to seizure, for local prevention and
control of rabies, providing anti-rabies treatment under the direction
of the local board of health for any person known or suspected to
have been exposed to rabies, and for administering the provisions
of this section. Any unexpected balance remaining in such special
account shall be retained until the end of the third fiscal year following,
and may be used for any of the purposes set forth in this section.
At the end of the said third fiscal year following, and at the end
of each fiscal year thereafter, there shall be transferred from such
special account to the general funds of the municipality any amount
paid into the special accounting during the last two fiscal years
next preceding.
[1]
Editor's Note: Effective March 1, 1991.
a.
Violations of section; penalty. Except as otherwise provided in this
section, any person who violates, or who fails, or refuses to comply
with this section, shall be liable to a penalty of not less than ten
($10.00) dollars, nor more than two hundred fifty ($250.00) dollars
for each offense, to be recovered by and in the name of Roxbury Department
of Health, or by and in the name of the Township of Roxbury.
Any resident of the Township of Roxbury who wishes to adopt
an animal from the township shall pay an adoption fee to the township.
The fee for the adoption of a dog shall be ten ($10.00) dollars. The
fee for the adoption of a cat shall be five ($5.00) dollars.
For the purposes of this section, "dangerous animal" means and
includes any wild mammal, reptile or fowl which is not naturally tame
or gentle but is of a wild nature or disposition and which, because
of its size, vicious nature, appearance or other characteristics would
constitute a danger to human life or property if it is not kept or
maintained in a safe manner or in secure quarters. The term "dangerous
animal" also means and includes any domestic mammal, reptile or fowl
which, because of its size or vicious propensity or other characteristic,
would constitute a danger to human life or property if it is not kept
or maintained in a safe manner or in secure quarters. The word "dangerous"
in relation to human beings shall have liberal construction to include
not only physical harm but also include psychological and emotional
harm if same would reasonably occur in an ordinary person of reasonable
sensibilities.
It shall be unlawful for any person, firm or corporation to
keep or maintain within the Township of Roxbury any dangerous animal
unless a special annual permit therefor is first obtained from the
health department of the township unless prior to January 1, 1996,
such animal has been kept or maintained within the township, in which
event, the permit shall be obtained on or before January 31, 1996.
The township clerk shall, upon application, annually issue a
special permit for the keeping or maintenance of a dangerous animal
if the department of health confirms, after inspection, that the following
conditions for issuance of a permit are satisfied:
a.
That the animal is at all times kept or maintained in a safe manner
and that it is at all times confined securely so that the keeping
of such animal will not constitute a danger to human life or the property
of others.
b.
That adequate safeguards are made to prevent unauthorized access
to such animal by members of the public.
c.
That the health or well being of the animal is not in any way endangered
by the manner of keeping or confinement.
d.
That the keeping of such animal does not constitute a nuisance and
will not harm the surrounding neighborhood or disturb the peace and
quiet of the surrounding neighborhood.
e.
That the keeping of such animal will not create or cause offensive
odors or constitute a danger to public health.
f.
That the quarters in which such animal is kept or confined are adequately
lighted and ventilated and are so constructed that they may be kept
in a clean and sanitary condition.
g.
That all required State permits have been properly issued.
h.
That the applicant for such special permit prove his ability to respond
in damages to and including the amount of one hundred thousand ($100,000.00)
dollars for bodily injury to or death of any person or persons or
for damage to property owned by any other person which may result
from the ownership, keeping or maintenance of such animal. Proof of
liability to respond in damages may be given by filing with the department
of health a certificate of insurance stating that the applicant is,
at the time of his application, and will be during the period of such
special permit, insured against liability to respond in such damages,
or by posting with the department of health a surety bond conditioned
upon the payment of such damages during the period of such special
permit. Such certificate of insurance or bond shall provide that no
cancellation of the insurance or bond will be made unless ten days'
written notice is first given to the department of health.
Every person, firm or corporation having been issued a permit shall continuously comply with the conditions of the issuance of the permit described in subsection 5-10.3. Failure to do so is a violation of this section.
The department of health, in investigating any applicant for
a permit under this section or in the enforcement of this section,
is authorized to consult with and seek the advice of the society for
prevention of cruelty to animals, the humane society, or any other
individual, agency, organization or society which may be able to provide
information and advice concerning the keeping of dangerous animals.
Prior to the annual renewal of any special permit issued hereunder
and at least once not more than six months after the issuance of any
such special permit or after its renewal, the department of health
shall inspect the premises subject to such special permit to determine
whether the person to whom it has been issued is continuing to comply
with all of the conditions specified in this section. If the department
of health determines during any such inspection that any of the conditions
therein specified are being violated, they shall refuse to renew any
such special permit, or they shall revoke such special permit in the
event that such violation is not corrected within such period of time
as they shall direct. A fee of twenty-five ($25.00) dollars shall
be charged for each such semiannual inspection for the first such
animal and five ($5.00) dollars additional for each additional animal.
In no event shall a permit be issued for the keeping of more
than three dangerous animals at any single location. In the event
more than three such animals have been kept or maintained at a single
location prior to January 1, 1996, those in excess of the number three
may be kept or maintained during their lifetimes if and only if permits
for such animals are applied for and obtained by January 31, 1996,
and satisfactory evidence of the keeping or maintenance of such animals
prior to January 1, 1996, is presented to the authority issuing the
permit.
In the event that any dangerous animal escapes from the custody
or control of the person who keeps or maintains such dangerous animal,
such person shall cause immediate notification to be made to the police
department of the township and to the department of health. The chief
of police and the health officer, after consultation with the township
manager, where practicable, are authorized to take such reasonable
steps as may be necessary to reasonably safeguard the public.
No permit shall be issued for the keeping of dangerous animals unless all provisions of this section are complied with as set forth in Chapter XXIV, subsection 24-2.2. Permit fees shall be paid annually on or before January 31st of each year.
If a dangerous animal is at any time located or found anywhere
in the township, other than on the lands and premises of the owner
or keeper of same, it shall be deemed to be a public nuisance. Such
dangerous animal so found may be seized at once by the animal control
warden or any police officer appointed within the township, or any
other duly designated official. If it is practicable, such officer
shall hold and promptly dispose of such animal in as humane a manner
as possible. If it is not practicable to seize and/or hold such dangerous
animal because it poses an immediate threat of physical harm to either
such official or to any other person in the township, then such official
may destroy the animal directly.
The provisions of this section 5-10 shall not apply to the keeping of dangerous animals in the following cases:
a.
The keeping of animals in zoos, bona fide educational or medical
institutions, museums or any other place where they are kept as live
specimens for the public to view, or for the purpose of instruction
or study.
b.
The keeping of such animals for exhibition to the public of such
animals by a circus, carnival or other exhibit or show.
c.
The keeping of such animals in a bona fide, licensed veterinary hospital
for treatment.
d.
The keeping of such animals in a licensed kennel, pet shop, pound
or shelter.
Any person, firm or corporation found guilty in municipal court of the township for violation of the terms of this section shall be subject to the fines and penalties set forth in Chapter 3, subsection 3-1.1 et seq. The court may also revoke the permit issued hereunder for up to one year for a second offense and five years for a third or greater offense.
For enforcement purposes, this section may be enforced on and
after January 1, 1996.
