[1]
Cross reference: As to regulation of animals, see Chapter 10, Article 8 of this Code.
[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]
(a) 
It shall be unlawful for any person to collar an animal with a choke-type collar, prong-type collar, pinch-type collar, or rope.
(b) 
The collar must be at least as large as the circumference of the animal's neck plus one (1) inch and cannot be constructed primarily of metal.
[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]
(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]
(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.
(e) 
During extreme weather conditions as described in Subsection (d), the 24 hour notice provision in Subsection (c) shall be waived, allowing for immediate seizure of the animal, if the owner is not available or not on premises and able to immediately bring the violation into compliance.
[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.
[Added 6-10-2024 by Ord. No. MC 2024-24]
(a) 
Definitions.
IMMEDIATE
The pet solid waste is removed at once, without delay.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any pet or otherwise has custody of any pet, whether or not the owner of such pet.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PET
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Placement of pet solid waste in a designated waste receptable, 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.
(b) 
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. Proper disposal shall be made of animal food wastes, excrement, garbage, refuse, or vegetable matter deposited upon the premises, in such a manner as to prevent insect breeding or rodent infestation or pollution of the air, ground, or body of water or the creation of any other unhealthy or unsanitary condition.
(c) 
Exemptions. Any owner or keeper who requires the use of a seeing eye dog for assistance shall be exempt from the provisions of this section while such animal is being used for that purpose.
(d) 
Enforcement. This section shall be enforced by the City of Plainfield Police Department.
(e) 
Violations and penalties. Any person(s), entity, or corporation who is found to be in violation of the provisions of this section shall be subject to a fine of no less than $250 and no more than $1,000, per occurrence.