[Editor's Note: For regulations on sheep, goats and swine,
see Chapter 9, Health Regulations.]
[Ord. #76-54, § 1, 10-25-76; Ord. #79-64; Ord.
#2001-6, § 1, 6-11-01]
As used in this chapter:
CAT
Shall mean any member of the domestic feline species whether
male, female or altered (neutered).
DOG
Shall mean any dog, puppy, neutered bitch, or neutered male
dog, any member of the domestic canine species, whether male or female.
DOMESTIC ANIMAL
Shall include both dogs and cats as defined in this section.
HARBORING
Shall mean maintaining custody or control over a dog or cat
or permitting a dog or cat to remain on premises or providing shelter
or food which shall include the leaving of food in an area to which
stray dogs or cats have access.
KENNEL
Shall mean any establishment where the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
NEUTERED DOG
Shall mean a male or female dog which has been permanently
sterilized.
OWNER
Shall include every person having a right of property in
such dog or cat and every person who has such dog or cat in his keeping.
The "owner" must be at least eighteen (18) years of age, a parent
or legal guardian shall become co-owner of the dog or cat and shall
assume full responsibility in lieu of the minor, in order to fully
comply with the provisions of this chapter.
PET SHOP
Shall mean any room or group of rooms, cage or exhibition
pen, not part of a kennel, where dogs, cats or animals for sale are
kept or displayed.
POUND
Shall mean an establishment for the confinement of dogs seized
either under the provisions of this chapter or otherwise.
SHELTER
Shall mean any establishment where dogs are received, housed
and distributed without charge.
[Ord. #76-54, § 15, 10-25-76]
The Mayor shall have power to appoint one (1) or more Animal
Control Officers whose duty it shall be to enforce the provisions
of this chapter.
[Ord. #76-54, § 2, 10-25-76]
No person shall keep, harbor, or have custody of any dog within
the Township without first obtaining a license to be issued by the
Township Division of Health upon application by the owner and payment
of the prescribed fee. No person shall keep or harbor any dog in the
Township except in compliance with the provisions of this section.
[Ord. #76-54, §§ 3, 5, 6, 10-25-76]
a. Time to Apply.
1. Any person who shall own, keep, or harbor a dog of licensing age
shall in January annually, apply for and procure from the Township
Division of Health, a license and an official metal registration tag
for each dog owned, kept or harbored, and shall place upon each dog
a collar or harness, with the registration tag securely fastened thereon.
2. The owner of any newly-acquired dog of licensing age or of any dog
which attains licensing age, shall make application for a license
and a registration tag for the dog within ten (10) days after such
acquisition or age attainment.
b. Information Required; Preservation of Information. The application
shall state the breed, sex, age, color, and markings of the dog for
which a 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 the dog.
The information on the application and the registration number issued
for the dog shall be preserved for a period of three (3) years by
the Township Division of Health. In addition, the Division shall forward
similar information to the State Department of Health each month on
forms furnished by the Department. Registration numbers shall be issued
in the order of the applications.
[Ord. #76-54, § 3, 10-25-76]
The person applying for a license and registration tag shall
provide a valid certificate that the dog has been inoculated with
an approved rabies vaccine by a duly licensed veterinarian, or by
such other veterinarian permitted by law to do the same, or that the
dog has been certified exempt as provided by regulations of the State
Department of Health.
[Ord. #76-54, § 4, 10-25-66; Ord. #76-64; Ord.
#80-1, § 1, 1-28-80; Ord. #83-42, § 1, 10-24-83;
Ord. #85-62, § 1, 10-28-85; Ord. #90-60, § 1,
9-10-90; Ord. #99-4, § 1, 1-25-99; Ord. #2007-9, 3-26-07]
a. A person applying for the license and registration tag shall pay
the following annual fees for each dog:
Township of Cherry Hill
|
$21.00
|
State Registration Fee (Rabies)
|
$1.00
|
State Surcharge for Pilot Clinic Fund
|
$.20
|
State Surcharge Unneutered Dogs
|
$3.00
|
Based on the above fee schedule the following license and registration
fees shall be paid for each dog:
|
|
Neutered Dog
|
$22.20
|
Unneutered Dog
|
$25.20
|
b. The said license registration tags and renewals thereof, shall expire
on January 31 in each year and such licenses and registration tags
are not transferable from one (1) dog to another.
c. If the owner provides a valid rabies immunization certificate, a
dog license can be issued.
d. Only one (1) license and registration tag shall be required in any
licensing year for any dog owned in New Jersey and such license and
tag shall be accepted by the Township as evidence of compliance with
this section (N.J.S.A. 4:19-15.3).
e. Any person who was required to, but failed to obtain a license or
renewal thereof on or before the date prescribed by the provisions
of this section or within fifteen (15) days thereafter, shall pay,
in addition to the fee prescribed by this subsection for such license
or renewal, a late administrative fee of twenty-five ($25.00) dollars,
this surcharge to be used to absorb the cost of additional mailings
and associated administrative and clerical tasks.
f. The fees received under this subsection shall not be refundable.
The exception to this rule is an occurrence of administrative error.
[Ord. #76-54, § 12, 10-25-76]
License fees and other moneys collected or received under the provisions of this section and Section
8-3, except registration tag fees, shall be forwarded to the Township Treasurer within thirty (30) days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Township and which shall be used for the following purposes only:
a. For collecting, keeping, and disposing of dogs liable to a seizure
under this section;
b. For local prevention and control of rabies;
c. For providing anti-rabic treatment under the direction of the Township
Health Officer for any person known or suspected to have been exposed
to rabies;
d. For all other purposes prescribed by the statutes of New Jersey governing
the subject;
e. For administering the provisions of this section. Any unexpended
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 subsection. At the end of the third
fiscal year following, and at the end of each fiscal year thereafter,
there shall be transferred from the special account to the general
funds of the Township any amount then in the account which is in excess
of the total amount paid into the special account during the last
two (2) fiscal years next preceding.
The registration fee of one ($1.00) dollar for each dog shall
be forwarded within thirty (30) days after collection by the Township
Division of Health to the State Department of Health.
|
[Ord. #76-54, § 4, 10-25-76; Ord. #85-62, § 1,
10-28-85]
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, and shall be excluded from any other provision
of this section.
[Ord. #76-54, § 7, 10-25-76]
a. Any person who shall bring or cause to be brought into the Township any dog licensed in another State for the current year, and bearing a registration tag, and shall keep or permit the same to be kept within the Township for a period of more than ninety (90) days, shall immediately apply for a license and registration tag for each dog unless the dog is licensed under subsection
8-3.1.
b. Any person who shall bring or cause to be brought into the Township any unlicensed dog and shall keep or permit the same to be kept within the Township for a period for more than ten (10) days, shall immediately apply for a license and registration tag for each dog, unless the dog is licensed under subsection
8-3.1.
[Ord. #76-54, § 8, 10-25-76]
No person, except an officer in the performance of his/her 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.
[Ord. #76-54, § 14, 10-25-76]
The Township Animal Control Officer shall promptly, after February
1 annually, cause a canvass to be made of all dogs owned, kept, or
harbored within the limits of the Township. He shall report, on or
before May 1, to the State Department of Health the result thereof,
setting forth in separate columns the names and addresses of persons
owning, keeping, or harboring dogs, the number of licensed dogs owned,
kept, or harbored by each of the persons, together with the registration
numbers of each of the dogs, and the number of unlicensed dogs owned,
kept or harbored by each of the persons, together with a complete
description of each of the dogs.
[Ord. #76-54, § 16, 10-25-76; Ord. #76-64; Ord.
#85-62, § 2, 10-28-85; Ord. #2007-9, 3-26-07]
a. Causes for Impounding. The Township Animal Control Officer 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 subsection, the following:
1. Any dog off the premises of the owner or of the person keeping or
harboring the dog which the Officer or his agent has 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. Notice. If any dog seized wears a collar or harness having inscribed
on or attached to 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 Officer shall serve on the person whose address
is given on the collar, or on the owner or 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 (7) days after the service of the notice. A notice under
this subsection may be served either by delivering it to the person
on whom it is to be served, by leaving it at the person's usual
or last known residence, or at the address given on the collar, or
by forwarding it by mail in a prepaid letter addressed to that person
at his usual or last known residence, or to the address given on the
collar.
c. Fee; Unclaimed Dogs. When any dog seized has been detained for seven
(7) days after notice given as set forth above or when notice has
not been and cannot be given, and if the owner or person keeping or
harboring the dog has not claimed the dog and has not paid to the
Township Division of Licensing and Vital Statistics all expenses incurred
by reason of its detention, including any costs associated with redemption
for each dog per incident plus maintenance charge of four ($4.00)
dollars per calendar day, and if the dog is unlicensed at the time
of seizure and the dog owner or person keeping or harboring the dog
has not produced a license and registration tag for the dog or paid
a penalty of fifty ($50.00) dollars, the Animal Control Officer may
cause the dog to be destroyed in a manner causing as little pain as
possible or the dog may be placed for adoption in a suitable home.
No dog so caught and detained or procured, obtained, sent or brought
to a pound or shelter shall be sold or otherwise made available for
the purpose of experimentation. Any person who sells or otherwise
makes available any dog or other animal for the purpose of experimentation
shall be guilty of a disorderly persons offense.
[Ord. #76-54, §§ 20, 21, 10-25-76]
a. Prohibited. No person owning, keeping, harboring, or having custody
of any dog shall suffer or permit it to run at large upon the public
streets, in any public park, in any public building, or in any other
public place within the Township.
b. Adequate Leash Required. No person owning, keeping, harboring, or
having custody of any dog shall suffer or permit it to be upon the
public streets, in any of the public places or semi-public areas of
a multi-dwelling complex of the Township unless such is accompanied
by a person and is securely confined and controlled by an adequate
leash not more than six (6') feet long.
[Ord. #76-54, § 19, 10-25-76; Ord. #79-64, § 4;
Ord. #79-70, § 1, 10-22-79; Ord. #91-50, § 1,
7-22-91]
It shall be unlawful for any person to own, keep, harbor, or
have custody of any dog which frequently or for continued duration,
makes sounds that create a noise disturbance across a residential
real property line. For the purpose of this subsection, a noise disturbance
from a barking dog shall be defined as that created by a dog barking
continually for ten (10) minutes or intermittently for thirty (30)
minutes unless provoked.
[Ord. #76-54, § 24, 10-25-76; Ord. #98-5, 2-9-98]
a. Definitions.
POTENTIALLY DANGEROUS DOG
Shall mean any dog or dog hybrid declared potentially dangerous
by a Municipal Court pursuant to N.J.S.A. 4:19-23.
VICIOUS DOG
Shall mean any dog or dog hybrid declared vicious by a Municipal
Court pursuant to N.J.S.A. 4:19-22.
b. Seizure and Impoundment of a Dog by Animal Control Officer.
1. An Animal Control Officer shall be empowered to seize and impound
a dog when the Officer has reasonable cause to believe a dog has caused
bodily injury, physical threat or has engaged in dog fighting activities
as defined by N.J.S.A. 2C:11-1 and/or N.J.S.A. 4:22-24-26; or
2. The dog has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals;
3. The dog shall be impounded until the final disposition as to whether
the dog is vicious or potentially dangerous. Subject to the approval
of the Municipal Court, the dog may be impounded in animal control
facility or other structure agreeable to the Municipal Court and owner.
c. Notice of Seizure and Impoundment; Determination of Identity of Owner;
Notice of Hearing; Return of Statement by Owner; Destruction of Dog.
1. The Animal Control Officer shall notify the Municipal Court immediately
that he has seized and impounded a dog pursuant to the subsection
and N.J.S.A. 4:19-19, or that he has reasonable cause to believe that
a dog has killed another domestic animal and that a hearing is required.
2. The determination of identity of the owner; notice of hearing; return
of statement by owner and destruction of dog shall be governed and
made pursuant to N.J.S.A. 4: 19-20.
d. Agreement Between Municipality and Dog Owner; Settlement and Disposition;
Liability of Municipality; Legal Expenses. This section shall be governed
by and made pursuant to N.J.S.A. 4:19-21.1.
e. Potentially Dangerous Dogs-Order and Schedule for Compliance; Conditions.
If the Municipal Court declares the dog to be potentially dangerous,
the Court shall issue and order a compliance schedule pursuant to
N.J.S.A. 4: 19-24.
f. Appeal. Appeals procedure and process shall be governed by N.J.S.A.
4: 19-25.
g. Liability of Owner for Costs. The liability of owners for costs for
impoundment and destruction shall be governed by N.J. S.A. 4:19-26.
h. Subsequent Actions. If the Municipal Court finds that the dog is
not vicious or potentially dangerous, the Municipal Court shall retain
the right to convene a hearing to determine whether the dog is vicious
or potentially dangerous for any subsequent action of the dog.
i. Duties of an Owner of a Potentially Dangerous Dog. The owner of a
potentially dangerous dog shall comply with the provisions of N.J.S.A.
4:19-28.
j. Violations by Owner.
1. Any owner of a potentially dangerous dog who is found by clear and
convincing evidence to have violated this subsection and/or N.J.S.A.
4:19-17 et seq. shall be subject to the penalties set forth in N.J.S.A.
4: 19-29.
2. The Municipal Court shall have the jurisdiction to enforce this section.
The Municipal Court may order that the dog so seized and impounded
be destroyed in an expeditious and humane manner.
3. The Animal Control Officer is authorized to seize and impound any
potentially dangerous dog whose owner fails to comply with N.J. S.A.
4: 19- 17 et seq., and/or this subsection, or any rule or regulation
adopted pursuant thereto, or a Court's order.
k. Potentially Dangerous Dogs Registration and Publication. The registration,
tagging, publication of telephone number and any other registration
requirement for a potentially dangerous dog shall be made in compliance
with N.J.S.A. 4:19-30.
l. Fees for License. The annual fee to be paid for a potentially dangerous
dog license and each renewal thereof shall be seven hundred ($700.00)
dollars.
m. Inspection. The Animal Control Officer shall inspect the enclosure
and the owner's property at least monthly to determine continuing
compliance with N.J.S.A. 4:19-24 and paragraph e of this subsection.
n. Other Regulation, Requirements. This subsection shall be governed
by N.J.S.A. 4:19-17 et seq. and unless specifically delineated above,
all rules and requirements of N.J.S.A 4:19-17 et seq. shall apply.
[Ord. #76-54, § 24, 10-25-76]
a. Impounding; Quarantine. When the vicious dog or any other dog has
attacked, bitten, and injured a human being, the Township Animal Control
Officer shall impound the dog for a period of ten (10) days or may
order the owner of the dog, if the owner is known, to quarantine the
dog on his premises, with his full liability of custody, or in a veterinary
clinic for ten (10) days. At the end of the ten (10) day period, any
dog under impoundment or quarantine shall be examined by a licensed
veterinarian who shall ascertain that the dog is free of rabies and
shall issue a certificate as to the dog's condition, to the Animal
Control Officer or to the Township Health Officer for release authorization.
If there are any absorbed costs to the Township for the quarantine
or impoundment, the owner of the dog will be liable to pay the cost
of maintenance, redemption fee, and veterinarian's fee, if any,
as stipulated in subsection 8-2.1d.
b. Liability. The owner of the dog which has attacked, bitten, or injured
a person, or caused any suffering or injury to a person without the
victim's contributing negligence, may be liable for recovery
or compensation for any suffering or injuries resulting from the dog
attack, bite, or physical threat.
It is not intended by this subsection to make an owner liable
for any suffering or injury inflicted by a dog which did not have
vicious propensities to attack or bite, such viciousness not being
known to the owner, where the victim's own careless or provocative
conduct was a contributory causal factor in the attack. A man may
keep a vicious dog for the protection of his home and property; but,
if he does, he is bound to exercise a degree of care, commensurate
with the danger to others which will follow the dog's escape
from his control, to secure the dog so that it will not injure anyone
who does not unlawfully provoke or intermeddle with it.
The owner of any dog which shall bite a person while the 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 the dog or the owner's knowledge of
such viciousness. For the purpose of this paragraph, 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 is on such property upon the invitation, expressed or implied,
of the owner thereof.
[Ord. #76-54, § 22, 10-25-76]
The Township Animal Control Officer may designate at any time
when dogs, outside the premises, shall be muzzled. The designated
times to be published at least three (3) times in a newspaper in which
legal notices of the Township are published, and after such publication,
no person owning, keeping, or harboring a dog shall permit it upon
a public street, public place or outside the premises occupied by
the owner, during the period designated, unless the dog wears a muzzle
securely fastened over its jaws in such a manner that it cannot bite.
[Ord. #76-54, § 23, 10-25-76]
No person owning, keeping, harboring, or having custody of a
dog shall permit it to cause a traffic hazard, to do or cause any
injury to other domestic animals which are not at fault, to do damage
to any lawn, shrubbery, flowers, garden grounds, or commit any nuisance
on any other property of others. The person may either be liable for
the injury or damage or for compensation of the absorbed costs.
[Ord. #76-54, § 23, 10-25-76]
No person owning, harboring, keeping, walking, or in charge
of any dog shall cause, suffer, permit, or allow the dog to soil,
defile, defecate on, or commit any nuisance on any common thoroughfare,
street, sidewalk, passage way, play area, park, or any place where
people congregate or walk, or upon any public property, or upon any
private property without the permission of the owner of the private
property in the last instance. If any person shall permit the dog
to soil, defile, defecate on, or commit any nuisance on the areas
aforesaid, he shall immediately remove and dispose of all feces and
droppings deposited by the dog. The removal shall be in a sanitary
manner by a shovel, container, disposal bag, etc. In a multi-dwelling
complex, the tenant dog owner shall take his dog to the only designated
walking area for dogs or other animals which shall be provided and
maintained in a sanitary manner by the management of the complex.
On the dog owner's own property, he shall maintain the property
in a sanitary manner in order to prevent any noxious odors, attraction
of vermin breeding, or any other public health nuisance to neighbors.
[Ord. #76-54, § 25, 10-25-76; Ord. #79-64, § 5;
Ord. #79-70, § 2, 10-22-79; Ord. #93-7, § 1, 2-8-93]
a. No person shall abandon his dog for any reason for any period of
time or fail to provide his dog with sufficient quantity of good and
wholesome food and water, proper shelter and protection from the weather,
veterinary care when needed to prevent suffering, and humane care
and treatment.
b. When, without authorization from the Township Animal Control Officer,
an injured or sick animal with no known owner is brought from within
the Township boundary lines to a veterinary clinic in Cherry Hill
or to an adjacent municipality for emergency veterinary care, the
Township will be responsible for only up to one hundred ($100.00)
dollars of the cost of any emergency veterinary care that animal may
receive, unless the veterinary care is authorized in writing by the
Township Animal Control Officer. This emergency care will be limited
to veterinary first aid-type treatment only, such as the stoppage
of bleeding, relieving of pain, stabilizing of body temperature, placing
of splints, etc.
c. The maximum time period for emergency treatment will be limited to
seventy-two (72) hours after receipt of the animal, unless written
authorization to proceed beyond that amount of time is provided by
the Township Animal Control Officer. If after the first seventy-two
(72) hours of emergency treatment the animal's injuries are considered
critical and terminal in the opinion of the attending veterinarian,
the owner of the animal remains unknown, and the Township Animal Control
Officer and the attending veterinarian concur, the injured dog will
be placed for euthanasia.
d. When any extensive veterinary care is needed, the attending veterinarian
must obtain the approval of the Township Animal Control Officer prior
to administering further treatment. If the animal, in the opinion
of the attending veterinarian, requires hospitalization beyond seventy-two
(72) hours, permission for this must be obtained in writing from the
Township Animal Control Officer.
e. If no owner if found within seventy-two (72) hours and the veterinary
hospital intends to keep the animal for adoption, it will then become
the obligation of the veterinary hospital to notify the Township Animal
Control Officer of the new owner's name and address. It will
also be the obligation of the veterinary hospital to fulfill all legal
requirements as to necessary care for the animal, length of time it
must remain in that facility's care, etc., before the animal
can be released.
f. If the owner of the animal is found, the bill for all veterinary
care will be passed on to the owner. It is also the responsibility
of the owner of the dog to reimburse the Township for any expenses
involved in the emergency veterinary care.
[Ord. #76-54, § 17, 10-25-76]
Any officer or agent authorized or empowered to perform any
duty under this section authorized to go upon any premises to seize
for impounding any dog which he may lawfully seize and impound when
the officer is in immediate pursuit of the dog, except upon the premises
of the owner of the dog if the owner is present and forbids the same.
[Ord. #76-54, § 18, 10-25-76]
No person shall hinder, molest, or interfere with anyone authorized
or empowered to perform any duty under this section.
[Ord. #76-54, § 26, 10-25-76]
No provision of this section shall be construed to apply to
any establishment where dogs are received or kept for diagnostic,
medical, surgical, or other treatments, owned by and operated under
the immediate supervision of a graduate veterinarian licensed in the
State of New Jersey.
[Ord. #76-54, § 28, 10-25-76; Ord. #79-64; Ord.
#2001-6, § 2]
a. Any person who fails to obtain a license and registration tag in accordance with the provisions in subsections
8-2.1 through
8-2.7 shall be liable to a delinquent fee of fifty ($50.00) dollars, payable to the Municipal Court through the Township Violation Bureau, upon receipt of a summons issued by the Animal Control Officer or an authorized person or the person shall be required to appear in Municipal Court.
b. Any person who fails to comply with the provisions of subsection
8-2.10 and/or
8-2.11 by allowing a person's dog to run at large shall be liable for the sum of one hundred ($100.00) dollars (seventy [$70.00] dollars and thirty [$30.00] dollars cost), payable to the Municipal Court through the Township Violation Bureau, for a first offense in a licensing year, upon receipt of a summons issued by the Animal Control Officer or an authorized person. Second offense and thereafter in a licensing year, the person shall be liable to pay the fine, as determined by the Court for repeat offenders, and shall be required to appear in Municipal Court.
c. Any person who violates or refuses to comply with any part of any of the following subsections
8-2.1 through
8-2.3,
8-2.6,
8-2.7,
8-3.1 and
8-3.3, or with the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters, and pounds, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs and cats, within and from such establishments, shall be liable to a penalty of no less than one hundred ($100.00) dollars for each offense to be recovered by and in the name of the Township. A person who refuses or neglects to pay the amount of a judgment rendered against him and the costs and charges incident thereto, may be committed by the Court to the County jail for a period not exceeding thirty (30) days in the case of a first conviction, and in the case of conviction for a subsequent or continuing violation, for a period not exceeding ninety (90) days.
d. Any person who violates or refuses to comply with any part of any of the following subsections
8-2.11 through
8-2.17 shall be subject to a fine not exceeding one hundred ($100.00) dollars or to imprisonment for a period not exceeding ninety (90) days, or to both, at the discretion of the Court.
[Ord. #76-54, § 9, 10-25-76; Ord. #2001-6, § 3,
6-11-01]
a. Required. Any person who keeps, operates or proposes to establish
a kennel, pet shop, shelter, or pound shall apply to the Township
Clerk/Division of Vital Statistics for a license entitling him to
keep or operate such establishment.
b. Application. The application shall describe the premises where the
establishment is located or is proposed to be located, the purpose
for which it is to be maintained, and shall be accompanied by the
written approval of the Animal Control Officer showing compliance
with the local and State rules and regulations concerning location
of and sanitation at such establishments.
c. Contents; Expiration and Revocation of Licenses. All licenses issued
for a kennel, pet shop, shelter, or pound shall state the purpose
for which the establishment is maintained and all licenses shall expire
on the last day of June of each year, and shall be subject to revocation
for failure to comply with the rules and regulations of the State
Department of Health or the County Board of Health governing the same,
after the owner has been afforded a hearing by either the State Department
of Health or the County Board of Health or as set forth under N.J.S.A.
4:19-15.8.
d. Individual Dog Licenses Not Required; Transfer Prohibited. Any person
holding the license shall not be required to secure individual licenses
for the dogs owned by the licensee and kept at such establishments;
the license shall not be transferable to another owner or different
premises.
[Ord. #76-54, § 10, 10-25-76]
The annual license fee for a kennel providing accommodations
for ten (10) or less dogs shall be ten ($10.00) dollars and for more
than ten (10) dogs, twenty-five ($25.00) dollars. The annual license
fee for a pet shop shall be ten ($10.00) dollars. No fee shall be
charged for a shelter or pound.
[Ord. #76-54, § 11, 10-25-76]
No dog kept in a kennel, pet shop, shelter, or pound shall be
permitted off the premises, except on a leash, or in a crate or other
safe control.
[Ord. #2015-15, 11-9-15]
a. Definitions.
As used in this subsection:
ANIMAL CARE FACILITY
Shall mean an animal control center or animal shelter, maintained
by or under contract with any state, county, or municipality, whose
mission and practice is, in whole, or significant part, the rescue
and placement of animals in permanent homes or rescue organizations.
ANIMAL RESCUE ORGANIZATION
Shall mean any not-for-profit organization which has tax-exempt
status under Section 501(c) (3) of the United States Internal Revenue
Code, whose mission and practice, is, in whole or in significant part,
the rescue and placement of animals in permanent homes.
CAT
Shall mean a member of the species of domestic cat, Felis
catus.
DOG
Shall mean a member of the species of domestic dog, Canis
familiaris.
OFFER FOR SALE
Shall mean to sell, offer for sale or adoption, advertise
for the sale of, barter, auction, give away or otherwise dispose of
a dog or cat.
PET SHOP
Shall mean a retail establishment where dogs and cats are
sold, exchanged, bartered or offered for sale as pet animals to the
general public at retail. Such definition shall not include an animal
care facility or animal rescue organization, as defined.
b. Regulations.
1. A pet shop may offer for sale only those dogs and cats that the pet
shop has obtained from or displays in cooperation with:
(a)
An animal care facility; or
(b)
An animal rescue organization.
2. A pet shop shall not offer for sale a dog or cat that is younger
than eight (8) weeks old.
[Ord. #64, §§ 1, 2, 21-21-53]
a. No horses or cattle shall be permitted to run at large upon any public
street within the limits of the Township.
b. Horses and cattle shall not be ridden or driven upon the paved portion
of any public street within the limits of the Township, except for
the purposes of crossing the same, at right angles thereto.
[Ord. #64, § 3, 12-21-53]
Every person riding a horse or other beast upon any roadway
in the Township, between the hours of sunset and sunrise, shall carry
a lighted lamp. The lamp shall show a white light and shall be of
such a nature and so displayed that it may be seen from a point at
least five hundred (500') feet distant in the direction towards
which the horse or other beast is proceeding. There shall also be
carried a lighted lamp showing a red light, visible for a distance
of at least five hundred (500') feet in the direction from which
the animal or other beast is proceeding.
[Ord. #89-20, § 1, 5-8-89]
Traps are to be kept for a period of two (2) weeks only.
A fifty ($50.00) dollar deposit is required before the animal
traps can leave the Municipal Building.
[Ord. #89-20, § 3, 5-8-89; Ord. #90-23, § 2,
4-23-90]
A five ($5.00) dollar per day late charge will be imposed on
animal traps not returned on time.
[Ord. #89-20, § 4, 5-8-89; Ord. #90-23, §§ 3,
4, 4-23-90]
a. An animal trap agreement shall be signed by the applicant at the
time of pick-up and a copy of the agreement must be returned with
the trap before the deposit can be returned.
b. A ten ($10.00) dollar application fee shall be charged for administrative
expenses.
[Ord. #90-46, § I, 6-25-90]
As used in this section:
ANIMAL
Shall mean, for the purpose of this section, cat.
ANIMAL CONTROL AUTHORITY
Shall mean any person or agency designated or certified by
the State of New Jersey to enforce the provisions of this section.
CAT
Shall mean any member of the domestic feline species, male,
female, or altered.
CAT OF LICENSING AGE
Shall mean any cat which has attained the age of seven (7)
months, or which possesses a set of permanent teeth.
HARBORING
Shall mean maintaining custody or control over a cat, or
permitting a cat to remain on premises, or providing food and shelter.
PREMISES
Shall mean open, unenclosed portion of any property.
PUBLIC NUISANCE
Shall mean a cat that damages either public or private property
or harms the lawful users or occupants thereof.
OWNER
Shall mean and include every person having a right of property
(or custody) in a cat and every person who has a cat in his/her keeping,
or who harbors or maintains a cat or knowingly permits a cat to remain
on or about any premises occupied by that person.
STRAY CAT
Shall mean a cat having no known owner or custodian or known
place of care and shelter.
[Ord. #90-46, § II, 6-25-90]
a. Any person who owns, keeps or harbors any cat located within the
Township or permits a cat to enter the Township shall exercise sufficient
and proper care and control over the animal at all times so as to
prevent the animal from becoming a public nuisance as defined herein.
b. No person owning, keeping or harboring any cat shall permit it to
soil, defile or commit any nuisance on any place where people congregate
or walk, or upon any public property whatsoever. This provision shall
apply to all privately owned property in the Township except the property
of the owner or keeper of a cat and the property owned or controlled
by persons who have invited or permitted the owner or keeper of a
cat to bring the cat upon the premises.
c. No person shall abandon any cat of any age or permit a cat to become
a stray.
[Ord. #90-46, 6-25-90; Ord. #2007-9, 3-26-07]
a. The Township Animal Control Officer 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 cat off the premises of the owner or of the person keeping or
harboring the cat which the official or agent has reason to believe
is a stray cat;
2. Any cat off the premises of the owner or person keeping or harboring
the cat that is not licensed;
3. Any female cat in season off the premises of the owner or person
keeping or harboring the cat.
b. If any cat so seized wears a collar or harness having inscribed thereon
or attached thereto the name and address of any person, or registration
tag, or the owner, the person keeping or harboring the cat is known,
the Animal Control Officer shall forthwith serve on the person keeping
or harboring the cat, if known, a notice in writing stating that the
cat has been seized and will be liable to be disposed of or destroyed
if not claimed within seven (7) days after the service of the notice.
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 mail in a prepaid letter
addressed to that person at his usual or last known place of abode,
or to the address given on the collar.
c. When any cat so seized has been detained for seven (7) days after
notice given as above set forth, or when notice has not been and cannot
be given as above set forth, and if the owner or person keeping or
harboring the cat has not claimed the cat and has not paid to the
Township's Division of Licensing and Vital Statistics all expenses
incurred by reason of its detention, including any costs associated
with redemption for each dog per incident plus maintenance charge
of four ($4.00) dollars per calendar day, and if the cat is unlicensed
at the time of seizure and the cat owner or person keeping or harboring
the cat has not produced a license and registration tag for the cat
or paid a penalty of fifty ($50.00) dollars, the Animal Control Officer
may cause the cat to be destroyed in a manner causing as little pain
as possible or the cat may be placed for adoption in a suitable home.
No cat so caught and detained or procured, obtained, sent or brought
to a pound or shelter shall be sold or otherwise made available for
the purpose of experimentation. Any person who sells or otherwise
makes available any cat or other animal for the purpose of experimentation
shall be guilty of a disorderly persons offense.
[Ord. #90-46, § IV, 6-25-90]
Any Officer of his agent authorized or empowered to perform
any duty under this section is hereby authorized to go upon any premises
to seize for impounding any cat or cats which he may lawfully seize
and impound when such Officer is in immediate pursuit of such cat
or cats, except upon the premises of the owner of the cat if the owner
is present and forbids the same.
[Ord. #90-46, § V, 6-25-90]
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, upon conviction, of twenty-five ($25.00) dollars
for the first offense and fifty ($50.00) dollars for each and every
subsequent offense thereafter.
[Ord. #90-47, preamble, 6-25-90]
It is an objective of this section to protect the public and
animals from the spread of rabies to animals and humans since rabies
is transmissible to humans and is fatal in all cases.
It is an objective of this section to protect the public from
animal related nuisances and threats to public health, safety, and
welfare.
It has been determined that these objectives can be fostered
by assuring that animal owners meet responsibilities for the control
and care of their cats.
[Ord. #90-47, § I, 6-25-90]
As used in this section:
ANIMAL
Shall mean, for the purpose of this section, cat.
ANIMAL CONTROL AUTHORITY
Shall mean any person or agency designated or certified by
the State of New Jersey to enforce the provisions of this section.
CAT
Shall mean any member of the domestic feline species; male,
female, or altered.
CAT OF LICENSING AGE
Shall mean any cat which has attained the age of seven (7)
months, or which possesses a set of permanent teeth.
CATTERY
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.
LICENSING AUTHORITY
Shall mean the Department of Licensing, Vital Statistics,
and Animal Control as charged with administering the issuance and/or
revocation of permits and licenses under the provisions of this section.
NEUTERED
Shall mean rendered permanently incapable of reproduction
as certified by a licensed veterinarian.
OWNER
Shall mean and include every person having a right of property
(or custody) in a cat and every person who has a cat in his/her keeping,
or who harbors or maintains a cat or knowingly permits a cat to remain
on or about any premises occupied by that person.
PERSON
Shall mean any individual, corporation, partnership, organization,
or institution commonly recognized by law as a unit.
[Ord. #90-47, § II, 6-25-90]
a. Vaccination and License Requirements. No person shall own, keep,
harbor, or maintain any cat over seven (7) months of age within the
Township, unless the cat is vaccinated and licensed. The provisions
of this section do not apply to cats held in a cattery, 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 Animal Rabies
Vaccines and Recommendations for Immunization" published by the National
Association of State Public Health Veterinarians, except as provided
for in paragraph d below.
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 from the requirements of such
vaccination for a specified period of time by the Department of Licensing,
Vital Statistics and Animal Control, 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.
[Ord. #90-47, § III, 6-25-90; Ord. #99-4, § 2,
1-25-99; Ord. #2007-9, 3-26-07]
a. Display of License Number. Any person who shall own, keep, or harbor
a cat of licensing age shall annually apply for and procure from the
Department of Licensing, Vital Statistics, and Animal Control, or
other official designated by the Governing Body thereof 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 the cat
a collar, or other device with the license number securely fastened
or displayed thereto. 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 the cat within ten
(10) days after such acquisition or age attainment. This requirement
will not apply to a nonresident keeping a cat within the Township
for no longer than thirty (30) days.
c. Cats Brought into Jurisdiction.
1. Any person who shall bring, or cause to be brought into the Township,
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 with the Township for a period of more than thirty
(30) days, shall immediately apply for a license and registration
tag or sleeve for each such cat.
2. Any person who shall bring or cause to be brought into the Township
any unlicensed cat, and shall keep same or permit same to be kept
within the Township for a period of more than ten (10) days, shall
immediately apply for a license and registration tag or sleeve for
each such cat.
d. Application; 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 shorthaired
variety; also the name, street, and post office address of the owner,
and the person who shall keep or harbor the cat. The information on
the application and the registration number issued for the cat shall
be preserved for a period of three (3) years by the Department of
Licensing, Vital Statistics and Animal Control.
e. License Forms and Tags. License forms and official tags or sleeves
shall be furnished by the Township and shall be numbered serially,
and shall bear the year of issuance and the name of the municipality.
f. Evidence of Inoculation; 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
8-7.3. 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 person applying for the license and registration
tag shall pay a total annual fee for each cat as follows:
Neutered Cat
|
$22.20
|
Unneutered Cat
|
25.20
|
h. Fees; Renewals; Expiration Date of License.
1. Licenses 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 the license, registration tag or sleeve and renewal thereof shall
expire on July 31 annually.
2. Only one (1) license and registration tag or sleeve shall be required
in the licensing year for any cat in the Township. Any valid New Jersey
license tag or sleeve issued by a New Jersey municipality shall be
accepted by the Township as evidence of compliance.
i. Loss of License. If a license tag or sleeve has been misplaced or
lost, the Department of Licensing, Vital Statistics and Animal Control
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.
No person shall hinder, molest, or interfere with anyone authorized
or empowered to perform any duty under this section.
[Ord. #90-47, § III, 6-25-90]
License fees and other moneys collected or received under the
provisions of this section shall be forwarded to the Township Treasurer,
and shall be placed in a special account separate from any of the
other accounts of the Township, 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; and 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 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 Township any
amount then in such account which is in excess of the total amount
paid into the special account during the last two (2) fiscal years
next preceding.
[Ord. #90-47, § IV, 6-25-90]
Except as otherwise provided in this section, any person who
violates, or who fails or refuses to comply with this section, shall
be liable, upon conviction, to a penalty of not less than twenty-five
($25.00) dollars nor more than fifty ($50.00) dollars for each offense,
to be recovered by and in the name of the Township.
[Ord. #71, § 1, 12-23-29; Ord. #134, § 1,
8-28-39]
It shall be unlawful for any person to keep or stable any sheep,
goats or swine within the limits of the Township without having first
received from the Township Division of Health a certificate stating
that the place where the sheep, goats or swine are kept is maintained,
conducted and controlled in a clean and sanitary fashion and in such
a manner, as in the judgment of the Division of Vital Statistics,
as not to be offensive or menacing to the public health and welfare
of the residents of the Township.
[Ord. #71, § 2, 12-23-29]
Any person maintaining, controlling or operating a place or
proposing to maintain, control or operate a place within the Township
where sheep, goats or swine are kept shall apply in writing to the
Township Department of Vital Statistics for an inspection of the place
and the issuance of a certificate as is referred to in subsection
9-5.1.
[Ord. #71, § 2, 12-23-29]
The annual license fee to be paid by the applicant for a certificate
and renewals thereof shall be the sum of one ($1.00) dollar for ten
(10) or less animals and in all other cases the sum of five ($5.00)
dollars.
[Ord. #71, § 2, 12-23-29]
It shall be the duty of the Department of Vital Statistics,
through its members, officers or agents for that purpose, to make
an inspection of the place where sheep, goats or swine are kept and
upon being satisfied that the applicant is entitled thereto, the Department
of Vital Statistics shall issue its certificate signed by its proper
officer. The certificate shall also be and constitute a license for
the place in which sheep, goats or swine are kept.
[Ord. #71, § 2, 12-23-29]
All certificates and licenses shall be renewable from year to
year, provided subsequent inspections of the place by the Division
of Health, its members, officers or agents, shall disclose that the
place in which sheep, goats or swine are kept is in a clean and sanitary
fashion and in such a manner, as in the judgment of the Division of
Health, as not to be offensive or menacing to the public health and
welfare of the residents of the Township.
[Ord. #71, § 3, 12-23-29]
Any license granted or certificate issued under the provisions
of this section may be revoked by the Department of Vital Statistics
at any time during the year for which the same was issued upon notice
to the holder of the license and certificate that the place so maintained,
controlled and operated by him for the keeping of sheep, goats or
swine is not being kept in a clean and sanitary fashion and in such
a manner, as in the judgment of the Department of Vital Statistics
as not to be offensive or menacing to the public health and welfare
of the residents of the Township, and when, after hearing, the Division
of Vital Statistics shall determine such to be the fact. The holder
of the license and certificate shall be entitled to notice of the
time and place of the hearing and shall be further entitled to be
heard thereat.
[Ord. #134, § 1, 8-28-39]
It shall be unlawful for any person to keep or stable any sheep,
goats or swine within the distance of three hundred (300') feet
of any dwelling house now in existence or to be constructed hereafter
within the limits of the Township, and within three hundred (300')
feet of any existing dwelling house or any dwelling house to be constructed
on what is commonly known as "a farm" within the limits of the Township;
and the Division of Health shall not issue a certificate as provided
for in subsection 9-5.1 for any such place.
[Ord. #71, § 4, 12-23-29]
Any violation of this section shall subject the person guilty
of such violation, upon conviction, to a fine of not less than ten
($10.00) dollars nor more than fifty ($50.00) dollars for the first
offense and to a fine of not less than twenty-five ($25.00) dollars
nor more than one hundred ($100.00) dollars for any second or subsequent
offense.