[R.O. 1957, 4:1-20; amended by MC 1998-24, § 1,
October 5, 1998]
(a)
No person shall cause by inciting, urging, provoking, ordering, issuing
commands or by inaction permit any dog or other animal to attack any
other person or animal.
(b)
No person owning, keeping, harboring or in charge of a dog shall
permit or suffer it to do any injury, or to do any damage to any lawn,
shrubbery, flowers, grounds or any other property or to threaten or
molest in any way any person upon a public street or in a public place
in the City of Plainfield.
(c)
No person owning, harboring, keeping, walking, or in 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, street,
sidewalk, passageway, road bypass, play area, park, 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
the private property in the last instance. If any such person shall
permit such dog to soil, defile, defecate on, or commit any nuisance
on the areas aforesaid, he or she shall immediately remove and dispose
of all feces and droppings deposited by such dog by any sanitary method
approved by the City's Department of Health.
(1)
The feces removed from the aforementioned areas shall be disposed of by the person owning or in charge of any such dog in accordance with the provisions of this Section 5:7-1.
(2)
The provisions of this Section 5:7-1 shall not apply to blind persons who may use dogs as guides.
(3)
Sanitary methods for removing all feces approved by the City's
Department of Health include mechanical devices such as pooch-scoops,
small shovels, etc. All feces removed by the person owning, harboring,
keeping or in charge of any such dog shall be disposed of in a sealed,
nonabsorbent, leak-proof container.
[Amended by MC 1998-24, § 1, October 5, 1998]
No person shall keep any animal which causes frequent or long
continued noise so as to disturb the comfort or repose of any person
in the vicinity.
[Amended by MC 1998-24, § 1, October 5, 1998]
No person owning or having the control, custody or possession
of a dog or other animal shall permit the dog or other animal to annoy
or injure any other person or animal or to run at large upon any public
street or other public or private property within the City of Plainfield
unless said dog or animal is controlled by means of a leash or other
suitable means to exert sufficient control over the dog or other animal.
The failure of a person to take such action is declared to be a nuisance
and dangerous to the public health and safety.
[R.O. 1957, 4:1-9, as amended December 15, 1969; MC 1998-24,
§ 1, October 5, 1998]
No owner or any person having the custody of any dog shall permit
the dog to be at large or to confine the dog in any manner so that
it can escape and so be at large, unless the dog is securely confined
upon a leash of sufficient strength not more than three (3) feet or
other suitable means to exert control and is accompanied by a person
with sufficient size, strength and command to adequately control and
monitor the actions of the dog under all circumstances. No person
shall walk more than two (2) dogs at a time.
Editor's Note: Former Section 5:7-5, Killing of unmuzzled dogs
running at large; restrictions, previously codified herein was repealed
in its entirety by Ordinance No. MC 1998-24.
[Amended by MC 1998-24, § 1, October 5, 1998]
No person shall willfully cause injury or suffering to, or to
mistreat or abuse any animal.
[MC 2015-09, March 9, 2015]
As used in this section:
(a)
Tethering shall mean the restraining of an animal by the tying
to any object or structure, including, without limitation, a house,
tree, fence, post, garage, weight or shed, by any means, including,
without limitation, rope, cord, leash or running line, but shall not
include the use of a leash used to walk the animal or to forms of
restraint used in the transportation of an animal.
[MC 2015-09, March 9, 2015; MC 2016-13, May 9, 2016]
(a)
It shall be unlawful for any person to tether, fasten, tie,
restrain or cause an unattended dog to be fastened, tied or restrained
to houses, trees, fences, garages, stakes or other stationary or highly
immobile objects by means of a rope, strap or other physical restraint
for the purpose of confinement, except in circumstances where all
of the following requirements are satisfied:
(1)
The tethering is for a total of no more than six (6) hours within
a twenty-four (24) hour period, with a maximum of two (2) hours at
any one (1) interval and a minimum one (1) hour period between confinements.
(2)
The tether is attached to the dog by a non-choke type collar,
swivels at both ends, and attached to the stationary object by anchors,
latches, or similar devices in a manner which the dog is able to move
freely and prevents the tether from becoming entangled around the
dog or any object so as to limit the dog's freedom within the tethered
area or to prevent the dog, or any of its appendages, from becoming
entangled by the tether.
(3)
The tether shall be of a type commonly used for the size of
the dog involved.
(4)
The construction of the tether shall be of a lightweight, yet
durable material, shall not exceed twenty (20) percent of the animal's
weight, and may not be thicker than one-eighth (1/8) inch.
(5)
The tether must be a minimum of fifteen (15) linear feet in
length, less than six (6) feet above the ground, and shall remain
tangle free.
(6)
The tethered dog has easy access to potable drinking water,
edible food, dry ground, and adequate shade and/or shelter within
the tethering area.
(7)
The tethering area shall be clean, clear of obstructions and/or
debris, and no less than one hundred fifty (150) square feet/per dog
in total area.
(8)
The dog, whether used for hunting, farming, breeding, or is
an otherwise working dog, is regularly monitored while tethered for
the aforementioned period of time.
(b)
No dog shall be tethered by means of a choke-type, pinch-type,
prong-type, or improperly fitting collar.
(c)
Chains shall be prohibited for use as a tethering device.
(d)
If there are multiple dogs, each dog shall be tethered separately
and in such a manner that the tethers shall not become entangled with
each other.
(e)
No dog shall be tethered within five (5) feet of another person's
property, public thoroughfare, and/or right-of-way.
(f)
No dog shall be tethered in a location in which the tether would
allow such dog to reach a potentially dangerous object or obstruction,
including, but not limited to, a pool, fence, tree, post, railing,
half wall or other object or area that poses a risk of injury or strangulation.
(g)
No dog shall be tethered in a location where it may be approached
by and attacked by another animal or people, without the chance to
escape to a protected area.
(h)
No dog shall be tethered at a vacant structure or premises for
any purpose when it is not monitored by a competent adult who is present
at the property for the duration of such tethering.
(i)
Dogs that are not spayed or neutered shall not be tethered for
any period of time.
(j)
No dog under the age of one (1) or under twenty (20) pounds
shall be tethered.
(k)
No dog that is sick or injured shall be tethered.
(l)
No dogs shall be tethered between the hours of 10:00 P.M. and
6:00 A.M.
[MC 2015-09, March 9, 2015; MC 2016-13, May 9, 2016]
(a)
It shall be unlawful for any person to leave any animal outdoors
and unattended for a continuous period of time greater than one-half
(1/2) hour if the National Weather Service has issued a weather alert
or storm warning, or if the temperature during such period is either
below 32° F or above 85° F. The animal shall be considered
outside regardless of access to an outdoor doghouse or similar structure.
(b)
No animal shall be left outside during snow storms, ice storms or
thunderstorms.
[MC 2015-09, March 9, 2015]
[MC 2015-09, March 9, 2015; MC 2016-13, May 9, 2016; 10-12-2021 by Ord. No.
MC 2021-33]
(a)
No
owner, caretaker, guardian or handler shall withhold proper shelter,
light, space, protection from weather, veterinary care, and/or immune
care from any animal.
(b)
No
owner, caretaker, guardian or handler shall fail to provide his or
her animal with sufficient edible food and potable drinking water
on a daily basis. Food and water must be in an animal food consumption
or water consumption type container, feeder or waterer.
(c)
No
animal shall be subjected to unnecessary suffering or cruelty such
as subjecting the animal to prolonged confinement, fear, injury, pain
or physical abuse. Interaction with humans and other animals shall
not be unreasonably withheld.
(d)
No
animal shall be confined in a parked or standing vehicle or enclosed
trailer for a period of five or more minutes when the temperature
during such period is either below 32° F. or above 85° F.
(e)
The
keeping and raising of chickens for a noncommercial basis in residential
properties is prohibited.
[MC 2015-09, March 9, 2015]
(a)
Animals shall be provided access to an enclosure/structure which
protects them against inclement weather, is water resistant and keeps
them dry, provides shade from direct sunlight, and allows them to
preserve a normal body temperature.
(b)
Animals shall not be housed on a temporary or permanent basis in
any enclosure/structure constructed of metal, unless adequately insulated
from inclement weather.
(c)
If there are multiple animals, each animal shall be provided with
a separate enclosure/structure, except as provided for under Article
8 of this chapter.
(d)
Outdoor animal enclosures, including pens, doghouses, or other similar
structures shall be soundly constructed, safely and properly positioned
on a raised platform, and properly maintained. The top of the enclosure
shall be covered to provide the animal with shade and protection from
the elements. The floor of the enclosure shall be constructed in such
a manner that it protects the animals' feet and legs from injury.
(e)
Pet taxis, plastic carriers, boxes, vari-kennels or metal houses
shall not be acceptable as adequate outdoor enclosures.
(f)
Outside animal enclosure shall be no less than four (4) feet in height,
no less than sixty-four (64) in square footage, and must allow for
the animal to freely turn around, stand, sit, or lie in a normal position.
The animal must be able to lie down while fully extended without the
animals' head, tail, legs, face, or feet touching any side of the
enclosure. The interior height of the enclosure shall be at least
six (6) inches higher than the head of the animal in the enclosure
when it is in a normal standing position.
(g)
Outdoor animal enclosures shall contain bedding such as straw or
other absorbent material in a sufficient quantity to provide adequate
insulation for the structure. Bedding shall be maintained in a dry
condition and renewed or changed as necessary.
(h)
Outdoor
animal enclosure shall be kept dry, clean, and free of animal waste.
[Amended by MC 1998-24, § 1, October 5, 1998]
No person shall keep animals in any place or in any manner which
is detrimental to human health or which will create a nuisance.
[Amended by MC 1998-24, § 1, October 5, 1998]
(a)
The premises upon which animals are kept shall always be sanitary
and subject to inspections and regulations by the City.
(b)
In the event any owner, occupant or tenant of such premises forbids
the entry of any representative of the City, then a warrant shall
issue according to law at the request of such representative.
[Amended by MC 1998-24, § 1, October 5, 1998]
No person shall abandon or set loose, with the intention of
avoiding the responsibility for the custody and care of, any animal
within the limits of the City.
[Amended by MC 1998-24, § 1, October 5, 1998]
(a)
The owner of any dog which shall bite a person while such person
is on or in a public place, or lawfully on or in a private place,
including the property of the owner of the dog shall be liable for
such damages as may be suffered by the person bitten, regardless of
the former viciousness of such dog or the owner's knowledge of such
viciousness.
(b)
For the purpose of this section, a person is lawfully upon the private
property of such owner when he is on the property in the performance
of any duty imposed upon him by the laws of this State or the laws
or postal regulations of the United States, or when he or she is on
such property upon the invitation, express or implied, of the owner.
[1]
State law reference: As to liability of owner regardless of
viciousness of dog, see N.J.S.A. 4:19-16.
[Amended by MC 1998-24, § 1, October 5, 1998; MC
2015-09, March 9, 2015]
(a)
Any person operating a motor vehicle who hits, runs over or causes
injury to any animal shall stop at once, ascertain the extent of the
injury, render such assistance as may be possible provided it can
be accomplished safely and without danger to the motorist, pedestrians,
or other motorists, and promptly report to the nearest police station,
police officer or the pound.
(b)
The motorist shall promptly report his name, address, operator's
license and registration number and the location of the injured animal.
[1]
State law reference: As to motorist striking animal, see N.J.S.A.
4:22-25.1.
[MC 1998-24, § 1, October 5, 1998]
Unless otherwise established by law, any owner or person who violates the rules and regulations set forth herein shall, in addition to any other fines or penalties established by State or local law, be subject to the penalties set forth in Section 5:9-2.
[MC 2015-09, March 9, 2015; MC 2016-13, May 9, 2016]
(a)
In addition to imposing penalties set forth in this chapter, and
not withstanding other seizure and impounding sections of this chapter,
any Officer or Agent authorized or empowered to enforce and perform
any duty under this chapter is hereby authorized to go upon any premises
and seize for impounding any animal when such Officer reasonably believes
that any provision of this article has been violated, except upon
the premises of the owner of the animal if the owner is present and
forbids the entry of the Officer or Agent, then a warrant shall issue
according to law at the request of such Officer or Agent.
(b)
Prior to seizing any animal under this article, such Officer or Agent
shall provide written Notice to the owner, either in person or by
posting such written Notice upon the premises, of the nature of the
violation,
(c)
Notice must contain an order to bring the violation into compliance
within twenty-four (24) hours of receipt of such notice.
(d)
During extreme weather conditions wherein the National Weather Service
has issued a severe weather alert or storm warning, or if the temperature
during such period is either below 32° F or above 85° F, any
animal found to be subject of a violation of this chapter shall be
immediately seized by any Officer or Agent authorized or empowered
to enforce and perform any duty under this chapter, and impounded
at the owner's expense until such time that appropriate shelter in
compliance with this chapter can be provided, but for no more than
fourteen (14) days. If appropriate shelter in compliance with the
Chapter cannot be provided after fourteen (14) days by the owner,
the seized animal shall be made available for adoption.
[1]
Note: Federal law reference: As to inspection of private residences,
see Camera v. Municipal Court of San Francisco, 387 U.S. 523 (1967);
as to commercial buildings, see See v. City of Seattle, 387 U.S. 541
(1967); as to emergency inspections, see Patrick v. State, 227 A.
2d 486 (1967). State law reference: As to search warrant proceedings,
see N.J.S.A. 26:3-59; as to seizure of dogs by going on premises,
see N.J.S.A. 4:19-15.17.
[MC 2015-09, March 9, 2015]
(a)
If an animal has been seized for impounding pursuant to Section 5:7-13A, then the Officer or Agent shall notify the City Health Officer immediately that he/she has seized and impounded the animal pursuant to Section 5:7-13A. If the identity of the owner is not known, then the Officer shall through a reasonable effort attempt to determine the identity of the owner of any animal seized and impounded pursuant to Section 5:7-13A. If its owner cannot be identified within fourteen (14) days, then that animal shall be made available for adoption.
(b)
Any owner of any animal removed under this article may regain possession
of the animal within fourteen (14) days upon an adequate showing to
the confiscating Officer or Agent that the violation has been brought
into compliance. Should an owner fail to adequately show that the
violation has not been brought into compliance within fourteen (14)
days, then said animal shall be made available for adoption.
[R.O. 1957, 4:1-21, as amended December 21, 1964; MC 1987-12,
§ 1, September 9, 1987; MC 1998-24, § 2, October
5, 1998; MC 2015-09, March 9, 2015]
Note: State law reference: As to penalties, see N.J.S.A. 4:19-15.19
and 26:4-94.
(a)
The owner of a seized animal pursuant to Section 5:7-13A who is found by clear and convincing evidence to have violated this article, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a Court's order shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation.
(b)
Any fines or penalties imposed under this article shall be in addition
to and not in lieu of any fines or penalties set forth in this chapter
or pursuant to any other applicable law.
