[Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 5/21/62, 4/19/65, 3/18/68, 12/18/78, 5-83 and 95-5.]
[Ord. No. 96-10 § 1; Ord. No. 96-10; Ord. No. 98-12 § 4]
As used in this chapter, the following words shall have the meanings as indicated:
- ANIMAL CONTROL OFFICER
- Shall mean the designated township official(s) authorized to conduct the annual canvass of dogs within the township, to impound and take dogs into custody and to destroy dog so impounded as provided by statute, as well as any and/or all other duties as assigned by this code and/or state laws/regulations.
- Shall mean any dog, neutered, bitch or spayed bitch.
- DOG OF LICENSING AGE
- Shall mean any dog which has attained the age of seven months which possesses a set of permanent teeth, whichever occurs first.
- KENNEL, COMMERCIAL
- Shall mean an establishment, licensed as a commercial kennel under this code (Chapter 5) wherein and whereupon the business of boarding or selling dogs or breeding dogs for sale is carried on, except that a pet shop or veterinary office (as defined in Chapter 5 of this code) where dogs of licensing age are kept or maintained for any reason in one place or establishment shall not be deemed a "commercial kennel".
- KENNEL, NONCOMMERCIAL
- Shall mean an establishment, licensed as a noncommercial kennel under Chapter 5 of this code, where a breed or dog fancier who is resident or owner of the lot on which the establishment is located keeps six or more dogs of a licensable age, but no more than ten dogs of a licensable age, for the principal purpose of breeding for the enhancement of perpetuation of a given breed, hunting, practice tracking exhibit (showing) in dog shows, training for field or obedience trials, guarding or protecting of the householder's property or person for the householder's personal or professional enjoyment and not for the purpose of sale.
- When applied to the proprietorship of a dog, shall mean and include every person having a right of property in such and every person has such a dog in his/her keeping.
- Shall mean any individual, firm, partnership, corporation or association of persons.
- PET SHOP
- Shall mean any room or group of rooms, cage or exhibition pen not part of the kennel wherein dogs for sale are kept or displayed.
- 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.
- Shall mean an establishment for confinement of dogs whether seized under provisions of this chapter or otherwise.
- Shall mean any establishment where dogs are received, housed and distributed without charge.
- Shall mean the Township of Hardwick in the County of Warren.
- Shall mean one who is registered and licensed in the State of New Jersey to practice veterinarian medicine or surgery.
- VETERINARY OFFICE
- Shall mean an establishment where dogs are received, housed and discharged after being cared for by a New Jersey veterinarian, as defined above.
- VICIOUS DOG
- Shall mean any dog or dog hybrid declared vicious by a municipal court pursuant to N.J.S.A. 4:19-22.
[Ord. No. 96-10 § 1]
The animal control officer is hereby designated as the official to conduct the annual canvass of dogs within the township, to impound and take dogs into custody and to destroy dogs so impounded, as provided by statute. The township clerk or designee is hereby designated as the official for licensing dogs within the township.
Disposition of fees. The license or other fees collected under the provisions hereof, except those paid to the state, shall be turned over to the township chief financial officer within 30 calendar days of collection. The fees collected shall be accounted for and spent in accordance with N.J.S.A. 4:19-15.11, as amended and supplemented from time to time. Such portion of this license fee, as required by law, shall be forwarded to the New Jersey State Department of Health.
List of licensed establishments forwarded to the State Health Department. The authorized township licensing official shall forward to the New Jersey State Department of Health a list of all kennels within 30 days after the license is therefore issued, which list shall include the name and address of the license and the kind of license issued.
[Ord. No. 96-10 § 1; Ord. No. 98-12 § 1]
Any person who shall have owned, kept or harbored a dog of licensing age in the township on or before January 31, 1996, and annually thereafter, in accordance with an annual dog license or renewal thereof issued pursuant to the provisions of N.J.S.A. 4:19-15.1 to 4:19-15.23 (inclusive) and N.J.S.A. 4:19-15.27, as well as any amendments and supplements thereto, shall apply before and procure from the township clerk a license and official metal registration tag for such dog so owned, kept or harbored and shall place upon each such dog a collar or harness to which the registration tag shall be securely fastened.
Kennels (commercial or noncommercial), pet shops, veterinary offices, shelters or pounds.
Any person who keeps or operates or proposes to establish a kennel (commercial or noncommercial) shall apply to the township clerk to license dogs for a license entitling him/her to keep or operate such establishment. The township will not issue a municipal license for any person who does not meet the following criteria:
Any kennel to be licensed hereunder shall be so located, constructed, arranged and/or operated in such manner that it is not a nuisance as to noise, odors or other actions to the neighborhood and further in such manner that the dogs maintained therein cannot come in contact with other dogs not owned or maintained by the owner of the kennel.
The application shall set forth where the establishment is located or proposed to be located, which property where the establishment is or to be located shall be of at least six acres and the purpose(s) for which it is to be maintained. Such application shall be accompanied by the written approval of the Warren County Board of Health, the township zoning officer or other designated township official shall in compliance with local and state rules and regulations governing the location of and sanitation of such establishments, as well as compliance with this code.
All licenses for a kennel (commercial and noncommercial) shall state the purpose for which the establishment is maintained, and all such licenses will expire on the last day of January of each year. Said license shall be subject to nonrenewal only by the township committee, upon recommendation of the State Department of Environmental Protection (DEP) or the Warren County Board of Health or the township animal control officer or the township zoning officer, as applicable, with failure to comply with the rules and regulations of the applicable agency/board governing the same, after the owner has been afforded a hearing by the township committee.
Any person holding a commercial license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishment. Such kennel license (commercial or noncommercial) shall not be transferable to another owner or to different premises of the same owner.
No dog in a kennel, pet shop, veterinary office, shelter or pound shall be permitted off such premises, except on a leash or in a cage or other safe control.
A person must be at least 18 years of age with a valid I.D. to be named as an owner or one of the owners of the property/location of the facility.
Neither the applicant nor any member of his/her immediate family may have been convicted of any form of animal cruelty.
No license shall be issued for any dog unless the owner applying for the license shall exhibit a licensed veterinarian's certificate and the dog has been currently vaccinated against rabies pursuant to N.J.S.A. 4:19-15.2(a), as amended and supplemented, and that the rabies vaccine should extend throughout the period for which the license is being issued. The dog shall also be vaccinated against distemper and parvovirus.
All kennels located within the township shall comply with all provisions of N.J.A.C. 8:23A-1.1 et seq. as amended and supplemented from time to time, as well as other applicable statutes, rules and regulations.
[Ord. No. 96-10 § 1; Ord. No. 98-12 § 2; Ord. No. 2000/5 § 1; Ord. No. 2004/04; Ord. No. 2012-02]
The person applying for the license and registration, except for the noncommercial kennels, shall pay a fee of either ten ($10.00) dollars for a spayed and/or neutered dog(s), or thirteen ($13.00) dollars for a non-spayed and/or non-neutered dog(s), for a one-year license and a one-year registration for each dog. For each renewal, the fee for the license and registration tag shall be the same as the original license and tag, and such license/registration tags and renewals thereof shall expire on January 31 of the year following the year the license/registration was issued, consistent with the term of the license. In the event that said license and registration was applied for after March 1 of each year, an additional late fee of five ($5.00) dollars per month, per dog, will be charged. After April 1 of each year, the late fee shall increase to ($10.00) dollars per month, per dog. The noncommercial kennel license must be obtained before individual licenses/registrations can be issued. All dogs, irrespective of whether they are housed at a commercial or noncommercial kennel, are required to wear a tag.
Dogs used as guides for blind persons, commonly known as "seeing eye" dogs, or dogs used with deaf persons, commonly known as "hearing ear" dogs, or dogs used for therapy for persons with other afflictions shall be licensed and registered as other dogs as hereinabove provided, except the holder or keeper of such dogs shall not be required to pay any fee thereof.
The annual license fees, including licensure/registration for each dog, are as follows:
No fee shall be required for a shelter, pound, pet shop or veterinary office. An additional fee of ten ($10.00) dollars for each dog exceeding the total number of ten for each commercial kennel will be charged. Example: one commercial kennel with 12 dogs will be charged one hundred twenty-five ($125.00) dollars for a flat annual fee plus ten ($10.00) dollars for each of the two dogs exceeding the total of ten dogs for that kennel, equaling twenty ($20.00) dollars. Total fee is one hundred forty-five ($145.00) dollars.
The license for a commercial and/or noncommercial kennel shall expire on June 30th of the following year the license was issued consistent with the terms of the license in this chapter. Commercial kennel application shall include proof from the National Dog Registry of an approved tattoo for each dog at the time of licensing/registration.
In the event that said license was applied for after February 1st of each, an additional fifteen ($15.00) dollars per month will be charged.
A pick up fee for retrieval of any dog running at large upon any public highway, street, alley, park, sidewalk or other public place, or upon any private property shall be twenty-five ($25.00) dollars per calendar year for the second offense and twenty-five ($25.00) dollars per calendar year for each subsequent offense thereafter. Such fee shall be paid upon release of the dog. There shall be no fee for the first offense.
[Ord. No. 96-10 § 1; Ord. No. 98-12 § 3; Ord. No. 2000/5 § 2]
Any person owning, keeping, maintaining, harboring or having charge of a dog in the township shall:
Prevent such dog from running at large upon any public highway, street, alley, park, sidewalk (where applicable) or other public place within the township.
Prevent such dog from running at large upon the lands or premises of any person, other than the person owning, keeping, maintaining, harboring or having charge of such dog, without the consent of the owner or lessee of such private lands and premises.
Prevent such dog from injuring any other person or animal or damaging any lawns, shrubbery, flowers, grounds or property of any person other than the person owning, harboring, keeping or having charge of such dog.
Nothing herein shall be construed to prevent the use of dogs for hunting purposes by duly licensed hunters and the barking, crying or howling of dogs while so employed shall not be construed, for purposes of this chapter, as unreasonably disturbing the peace or quiet of the neighborhood.
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 is not issued.
[Ord. No. 96-10 § 1; Ord. No. 98-12 § 5]
It shall be the duty of the animal control officer or designee to receive and investigate complaints against vicious dog(s), as defined herein, and, when any dog complained against shall be deemed by such animal control officer or designee to be a vicious dog, as herein defined, said animal control officer or designee shall report such to the North Warren Intermunicipal Court, which shall thereupon cause the owner or person harboring such dog to be notified, in writing, of the complaint against such dog and to appear before said intermunicipal court at a stated time and place. The intermunicipal court, at the time set forth for such hearing, shall inquire into the facts and give all interested persons an opportunity to be heard under oath and to be represented by counsel if desired.
The intermunicipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:
The intermunicipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack and poses a serious threat of bodily injury or death to a person; or,
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon person or domestic animals.
The township shall bear the burden of proof to demonstrate that the dog was not provoked. A dog shall not be declared potentially dangerous for: (1) causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person if the dog was provoked; or, (2) killing a domestic animal if the domestic animal was the aggressor.
[Ord. No. 96-10 § 1]
The animal control officer shall be a person appointed by the township on an annual basis, who shall be compensated pursuant to a duly adopted salary ordinance. The township may also appoint a deputy animal control officer on an annual basis, who shall be compensated pursuant to a duly adopted salary ordinance.
The animal control officer and/or deputy animal control officer or other designee shall exercise those powers as set forth in state law and/or regulations and/or provisions of the township code, including this chapter.
[Ord. No. 96-10 § 1]
All licenses for a kennel (commercial or noncommercial) shall be subject to revocation during the licensing year only by the township committee on recommendation of the New Jersey State Department of Health and the New Jersey State Department of Environmental Protection (DEP) or the Warren County Board of Health or the township zoning officer or the township animal officer or designee for failure to comply with applicable provisions of this chapter or the rules and regulations of the applicable state and/or township agencies governing the same, after the licensee has been afforded a hearing by the township committee.
[Ord. No. 96-10 § 1]
No person shall abandon an animal in or within the limits of the Township of Hardwick. Any person who abandons an animal within the township will be subject to a fine of not less than fifty ($50.00) dollars and not to exceed two hundred fifty ($250.00) dollars.
[Ord. No. 96-10 § 1]
No license shall be issued for any dog unless the owner applying for the license shall exhibit a licensed veterinarian's certificate and the dog has been currently vaccinated against rabies pursuant N.J.S.A. 4:19-15.2(a), as amended and supplemented, and that the rabies vaccine should extend throughout the period for which the license is being issued.
[Ord. No. 98-12 § 6]
No provision of this section shall be construed to apply to any establishment wherein or whereupon 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. No. 96-10 § 1]
Any person who violates any of the provisions of this chapter who fails or refuses to comply with any of the provisions hereof shall, upon conviction, be punished by a fine of not more than one thousand ($1,000.00) dollars or by imprisonment for a period not to exceed 90 days or by community service for a period not to exceed 90 days, or by both fine and imprisonment.
[Ord. No. 96-10 § 1; Ord. No. 2013-02]
It is the purpose of this section to preserve and protect the public health, sanitary conditions and general welfare of the inhabitants of the township by prohibiting the commercial raising of hogs, swine or pigs within the Township of Hardwick except as permitted in subsection 5-3.3 of this section and subsection 13-12.3e in the Hardwick Township Land Development Ordinance.
[Ord. No. 96-10 § 1]
The raising of hogs, swine or pigs on a commercial basis or to operate a commercial piggery, by any person, firm, or corporation shall be prohibited within the township.
[Ord. No. 96-10 § 1; Ord. No. 2011-18]
The number of hogs, swine or pigs permitted to be raised at any time on a farm lot or lots forming a farm unit shall not be in excess of five in number.
[Ord. No. 96-10 § 1]
Any person, firm or corporation who shall violate any of the terms or provisions of this section shall upon conviction thereof, be subject to imprisonment for a term not to exceed ten days or to a fine not exceeding one hundred ($100.00) dollars or both. Each day that a violation of any of the terms or provisions of this ordinance shall continue shall constitute a separate offense.