[Ord. #78-349, S 1; Ord. #86-514, S 1; Ord. #90-700, S 1; Ord. #99-965, S 2; Ord. #05-1174, S 1; Ord. #07-1256, S 1A]
As used in this chapter:
CONTROL
Shall mean securely restrained by an adequate leash which is six feet or less in length, harness, or other such restraint.
DOG
Shall mean any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
GROOMING ESTABLISHMENT
Shall mean any place that washes, clips or trims dogs and cats but where such animals may or may not be kept overnight.
KENNEL
Shall mean any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
OWNER/KEEPER
Shall mean any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON
Shall mean an individual, firm, partnership, corporation or association of persons.
PET
Shall mean any domesticated animal, including, but not limited to, dogs and cats, kept for personal appreciation and companionship.
PET SHOP
Shall mean any place of business which is not part of a kennel, wherein animals, including but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.
POUND
Shall mean an establishment for the confinement of dogs or other animals seized either under the provisions of this chapter or otherwise.
PROPER DISPOSAL
Shall mean placement of pet feces or droppings in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the Township or some other refuse collector, or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
RESPONSIBLE PERSON
Shall mean an individual who is capable of physically restraining and of directing the behavior of the animal to be controlled.
SHELTER
Shall mean any establishment where dogs or other animals are received, housed and distributed.
TOWNSHIP
Shall mean the Township of Montgomery in the County of Somerset.
VICIOUS DOG AND POTENTIALLY DANGEROUS DOG
Shall mean any dog or dog hybrid declared vicious or potentially dangerous in accordance with the provisions of Chapter 307 of the Laws of New Jersey 1989.
[Ord. #78-349, S 2; Ord. #99-965, S 1]
a. 
Any person residing in the Township who shall own, keep or harbor a dog of licensing age shall, in the month of January, apply for and procure from the Office of the Township Clerk a license and official metal registration tag for each such dog so owned, kept or harbored, and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto. In the event such dog shall be newly acquired, or in the event that after acquisition a dog shall attain licensing age or develop a permanent set of teeth, the initial application for license and registration tag shall be made within 10 days after such acquisition, age attainment or development of teeth, as the case may be.
b. 
Any person who shall bring or cause to be brought into the Township any dog licensed in another State for the current year, and the same to be kept within the Township for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog unless such dog be licensed under a kennel, pet shop, shelter or pound license issued in accordance with law.
c. 
Any person who shall bring or cause to be brought into the Township from another State any unlicensed dog and shall keep the same or permit the same to be kept within the Township for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog unless such dog be licensed under a kennel, pet shop, shelter or pound license issued according to law.
[Ord. #78-349, S 3; Ord. #99-965, S 1]
No license or official metal registration tag shall be issued for any dog unless the owner thereof provides evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of the type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Health, Education and Welfare, or has been certified exempt as provided by regulation of the State Department of Health. Such vaccination shall be repeated at intervals as provided by regulations of the State Department of Health, and shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.
[Ord. #78-349, S 4; Ord. #79-371, S 1; Ord. #81-417, S 1; Ord. #83-456, S 1; Ord. #86-522, S 1; Ord. #90-700, S 2; Ord. #99-965, S 1; Ord. #07-1256, S 1B; Ord. #07-1263, S 1; Ord. #10-1360; Ord. #12-1421]
a. 
The persons applying for the license and registration tag shall pay a fee of $18.80 for the license and the sum of $1 for the registration for each dog. License and registration tags and subsequent renewals shall expire on January 31 in each year unless extended by resolution of the Township Committee. If application shall not be made within the time specified by this section, there shall be a one-time late fee of $25.
[Amended 12-21-2023 by Ord. No. 23-1714]
b. 
Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey. Such license and tag shall be accepted by the Township of Montgomery as compliance with this section.
c. 
The delinquent fee referred to above shall not apply to dogs which have been acquired by the owner after February 1; however, the owner must present sufficient proof to establish that the dog was acquired after February 1.
d. 
Disability assistance dogs, including "seeing-eye" dogs, guide dogs, signal dogs, or other dogs individually trained to provide services to a person with a disability, shall be licensed and registered as other dogs; except that the owner or keeper of such dog shall not be required to pay the license fee.
e. 
License forms and uniform metal registration tags designed by the State Department of Health shall be furnished by the Township and shall be numbered serially and shall bear the year of issuance and the name of the Township.
f. 
In addition to the license fee referred to in paragraph a above, an additional fee of $3 shall be paid by any person applying for the license with respect to any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization. Any person claiming to be exempt from such fee shall provide a copy of a veterinarian's certification of neutering. Such fee shall be collected, where applicable, with respect to licenses applied for on and after August 2, 1983.
g. 
In addition to the license fee referred to in paragraph a and f above, a surcharge of $0.20 shall be paid by any person applying for a license on or after August 2, 1983.
h. 
Fees collected pursuant to paragraphs f and g above shall be forwarded to the State Treasurer in accordance with law.
i. 
The licensing and registration of potentially dangerous dogs shall be in accordance with the provisions of Chapter 307 of the Laws of New Jersey 1989.
[Ord. #78-349, S 5; Ord. #99-965, S 1]
No person except an officer in the performance of his duties shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it has not been issued.
[Ord. #78-349, S 7; Ord. #99-965, S 1]
The application shall state the breed, sex, age, color and markings of the dog for which the license and registration are sought; whether such dog is of a long-haired or short-haired variety; and the name, street and post office address of the owner and the person who shall keep or harbor such dog. The information on the application and registration number issued for the dog shall be preserved for three years by the Township Clerk. In addition, the Clerk 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 applications.
[Ord. #78-349, S 9; Ord. #99-965, S 1; Ord. #07-1256, S 1D; amended 5-2-2024 by Ord. No. 24-1729]
a. 
No person owning, keeping or harboring any dog shall permit such dog to run at large on the following areas:
1. 
Any private property without the consent of the owner of such property.
2. 
Public streets or any public property or any public park or recreation area unless accompanied by and under the control of a responsible person in accordance with regulations promulgated by the public authority having jurisdiction thereof.
3. 
Any quasi-public property to which the public at large is invited.
4. 
This section shall not apply to any dog while engaged in hunting or training for hunting, herding, tracking, agility, obedience or field trials except that any such dog shall be in the immediate control, custody and management of its owner or custodian.
b. 
No person owning, or having charge, care, custody or control of any female dog in season shall permit such dog to run loose whether on public or private property. Any such dog in season shall be confined in a building or securing enclosure in such manner that such female dog cannot come into contact with another animal except for planned breeding.
c. 
Notwithstanding the foregoing subsection 5-3.1a and b, no dog, except a service dog, is permitted in Veterans Memorial, regardless of whether such dog is controlled by a leash.
[Ord. #78-349, S 9; Ord. #90-700, S 3; Ord. #99-965, S 1]
The keeping of vicious and potentially dangerous dogs within the limits of the Township shall be in accordance with the provisions of Chapter 307 of the Laws of New Jersey 1989.
[Ord. #78-349, S 9; Ord. #99-965, S 1; Ord. #08-1285, S 1]
No owner of a dog or person responsible for the sheltering or harboring of a dog shall allow such dog to cause a nuisance by excessive, loud, or continuous howling, crying, or barking to the annoyance and discomfort of surrounding neighbors such that their rest is broken and their sleep interrupted, and/or the reasonable use and enjoyment of their property is disturbed.
[Ord. #78-349, S 9; Ord. #99-965, S 1]
The quarters or area where any dog is kept shall be maintained by the person owning or having custody or control over such dog or dogs in a clean and sanitary condition at all times such as not to create a health hazard or odors.
[Ord. #78-349, S 10; Ord. #99-965, S 1]
Any dog that is believed to have rabies or has been bitten by a dog or other animal suspected of having rabies, such dog shall be confined by a leash or a chain on the owner's premises and shall be placed under the observation of a veterinarian at the expense of the owner for a period of two weeks. The owner shall notify the dog warden of the fact that his dog has been exposed to rabies. The dog warden at his discretion is empowered to have such dog removed from the owner's premises to a veterinary hospital and there placed under observation for a period of two weeks at the expense of the owner. It shall be unlawful for any person who owns or has custody or control over any dog when it is known by that person or should be known to that person that the dog may be exposed to rabies, to allow such dog to be taken off his premises or beyond the limits of the Township without the permission of the dog warden. Every owner or other person, upon ascertaining a dog is rabid shall immediately notify the dog warden or a policeman who shall either remove the dog to the pound or summarily destroy it.
[Ord. #78-349, S 11; Ord. #99-965, S 1]
The Township Committee shall appoint a dog canvasser or dog canvassers, annually, to cause a canvass to be made of all dogs owned, kept and harbored within the limits of the Township and they shall report, on or before September 1 to the Township Committee the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring unlicensed dogs, and the number of unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.
[Ord. #78-349, S 12; Ord. #78-371, S 2; Ord. #93-770, S 1; Ord. #99-965, S 1; Ord. #07-1256, S 1E; Ord. #08-1272, S 1; Ord. #12-1421]
a. 
The Chief of Police or the dog warden or any person authorized by either of them in that behalf is empowered and authorized to take into custody any dog observed by him which is:
1. 
Without a current registration tag on its collar or harness as required by law.
2. 
In such circumstances as would constitute a violation of any provisions of subsection 5-3.4 and 5-3.5 by the person or persons who own, keep or harbor such dog.
b. 
If any dog so taken into custody wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or if the owner or the person keeping or harboring such dog is known, the Chief of Police or dog warden or any person authorized by either of them to act in that behalf, shall forthwith notify the person whose address is given on the collar or harness or if known, the owner or person keeping or harboring such dog, that the dog has been taken into custody and will be liable to be disposed of or destroyed if not claimed within one week of the giving of such notice. Notice under this subsection may be served either by delivering it to the person to whom it is to be served, or by leaving it at the person's usual or last known place of abode, or at the address given on the collar, or by forwarding it by post in a prepaid letter addressed to that person at his usual or last known place of abode, or to the address given on the collar.
c. 
When any dog so seized has been detained for seven days after notice, when notice can be given as set forth above, or has been detained for seven days after being taken into custody, when no notice can be given as above set forth, and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention as hereinafter specified, and if the dog was unlicensed at the time it was taken into custody the owner or person keeping or harboring the dog has not produced a license or registration tag for the dog, the dog warden or any person authorized by him in that behalf may cause the dog to be adopted or destroyed in a humane manner. No dog so impounded shall be sold, given, released or turned over to any agency, organization or corporation whether governmental or private for experimental or other like purposes.
d. 
In the event that an impounded dog has no registration tag affixed to it, the dog warden or other authorized person shall determine whether an identification number has been tattooed on an inner hind leg of the animal, or whether the animal can be identified by other prevalent identification methodologies. If such number is found or the animal can be so identified, the dog warden or other authorized person shall telephone the National Dog Registry and communicate the number or identification to the Registry. The dog warden shall cooperate with the National Dog Registry to the end that the owner is located. No dog shall be destroyed unless 14 days elapse, without location of the owner, after notification to the National Dog Registry.
e. 
The following charges shall be paid to the Township as expenses incurred by reason of detention in accordance with the provisions of this section, or, when applied to cats, the provisions of Chapter BH:11A:
1. 
For impounding any dog or animal, $45.
2. 
Maintenance per day, $20.
3. 
Giving notice, $1.
4. 
Surrender or destruction of dog or animal, $45.
5. 
Adoption of animal, $75. Provided, however, that this charge may be waived in full or part at the discretion of the Health Officer/Director of Animal Control to prevent euthanasia of a healthy, adoptable animal.
[Ord. #78-349, S 13; Ord. #99-965, S 1]
Any officer or agent authorized or empowered to seize a dog hereunder is hereby authorized and empowered to go upon any premises to take into custody any dog which he may lawfully seize when he is in immediate pursuit of such dog, except upon the premises of the owner of the dog if the owner is present and forbids the same.
[1]
Editor's Note: Former subsection 5-3.10, Curbing of Dogs, previously codified herein and containing portions of Ordinance Nos. 89-620 and 99-965 was repealed in its entirety by Ordinance No. 05-1174.
[Ord. #78-349, S 14; Ord. #99-965, S 1; Ord. No. 08-1272, S 1]
Any person who shall violate the provisions of subsection 5-1.2 shall be liable to a penalty of not less than $25 nor more than $100 for the first offense, and not less than $50 nor more than $200 for each subsequent offense, to be recovered in the manner provided by revised statutes, Section 4:19-15.19, et seq. Any person who shall violate any other provision of this chapter shall be liable to a fine of not more than $200 for the first offense, and not more than $500 for each subsequent offense, or to imprisonment for a term not exceeding 30 days, or both. Each day in which such violation continues shall be deemed to constitute a separate offense.
[Ord. #99-965, S 3; Ord. #07-1256, S 1F]
a. 
No person shall operate or maintain a kennel, pet shop, pound, shelter or grooming establishment without first obtaining:
1. 
Written approval from the Board of Health showing compliance with local and State rules and regulations governing location of and sanitation of such establishments; and
2. 
A permit issued through the Township Clerk.
b. 
The application to the Township Clerk for a kennel, pet shop, pound, shelter or grooming establishment permit shall include the following:
1. 
Description of the premises where the establishment is located or is proposed to be located;
2. 
Statement of the establishment's purpose or purposes for which it is to be maintained; and
3. 
Written approval of the Board of Health of the Township showing compliance with local and State rules and regulations governing the location and sanitation of such establishments.
c. 
All permits issued for kennel, pet shop, pound, shelter or grooming establishment shall state the purpose for which the establishment is maintained and all such permits shall expire on the last day of June of each year.
d. 
All permits are subject to revocation by the Township Committee upon recommendation of the New Jersey Department of Health and Senior Services or the Board of Health of the Township for failure to comply with the rules and regulations of the New Jersey Department of Health and Senior Services or of the Board of Health of the Township governing the same, or with the provisions of this chapter, after the owner of the kennel, pet shop, pound, shelter or grooming establishment has been afforded a hearing by either the New Jersey Department of Health and Senior Services or the Board of Health of the Township.
[Ord. #99-965, S 3; Ord. #07-1256, S 1G; Ord. #08-1285, S 1]
No person shall operate or maintain a kennel, pet shop, pound, shelter or grooming establishment except in accordance with the following standards and according to the following rules and regulations:
a. 
No person shall locate, operate or maintain a kennel, pet shop, pound, shelter or grooming establishment so as to cause considerable noise to the annoyance and discomfort of surrounding neighbors such that their rest is broken and their sleep interrupted, and/or the reasonable use and enjoyment of their property is disturbed. All kennels, pet shops, pounds, shelters and grooming establishments shall be equipped with sound proofing sufficient to meet this requirement.
b. 
At no time should any part of a residence be used as a kennel. Kennels in existence before July 1, 1999, shall not be subject to this restriction.
c. 
Buildings used for kennels, pet shops, pounds, shelters and grooming establishments shall comply in all respects with the Building and Zoning Codes of the Township of Montgomery. Nothing contained herein obviates the need for anyone seeking to establish a kennel, pet shop, pound, shelter and/or grooming establishment from obtaining any applicable development approvals that are required by Chapter 16 of this Code.
d. 
Facilities for the humane destruction of dogs or other animals and the disposal of carcasses shall be approved by the Board of Health.
e. 
The location, construction, arrangement, and operation of a kennel, pet shop, pound, shelter or grooming establishment shall comply with the requirements of N.J.A.C. 8:23A-1.3 and N.J.A.C. 8:23A-1.8, as may be amended and supplemented.
[Ord. #99-965, S 3; amended 12-21-2023 by Ord. No. 23-1714]
An application for a permit to maintain a kennel, pet shop, pound, shelter or grooming establishment shall be completed and submitted to the Clerk of Montgomery Township by each person operating or maintaining such a facility. The application fee shall be as follows:
The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $50 and for more than 10 dogs $75. The annual license fee for a pet shop or grooming establishment shall be $50. No fee shall be charged for a shelter or pound.
[Ord. #99-965, S 3]
The Township Clerk is hereby designated as the official who shall forward to the State Department of Health a list of permitted kennels, pet shops, pounds, shelters, and grooming establishments within 30 days after the permits are issued, which list shall include the name and address of the permittee and the kind of permit issued.
[Ord. #99-968, S 1]
No rodeo or rodeo related event shall be permitted in which animals are induced or encouraged to perform through the use of any practice or technique, or any chemical, mechanical, electrical or manual device that will cause, or is likely to cause physical injury, torment or suffering:
a. 
The use of electric or battery-operated livestock prods is prohibited, except for chute stalling. No other electrical devices may be used. Prods such as pointed sticks are prohibited at all times.
b. 
Sharpened spurs or rowels are specifically prohibited at all events. Dull spurs with blunt rowels are permitted. Rowels must be loose so that they freely roll over the animal's hide.
[Ord. #99-968, S 1]
Certified Animal Control Officers shall be provided access to all areas of the rodeo where animals have been present, will be present, or are then present for the purpose of enforcing compliance with Township ordinances enacted for the protection, control and handling of animals.
[Ord. #99-968, S 1]
a. 
No later than 14 days before a rodeo, the rodeo sponsor/organizer shall notify the New Jersey Society for the Prevention of Cruelty to Animals so that an officer of the New Jersey Society for the Prevention of Cruelty to Animals may attend and monitor the rodeo.
b. 
Nothing in this section 5-6 is to be construed as preventing or limiting any action pursuant to the prevention of cruelty to animal laws and regulations of the State or any other applicable State law or regulation.
[Ord. #99-968, S 1]
a. 
No sore, lame, sick or injured animal, or animal with defective eyesight, shall be permitted in the draw at any time. If an animal is discovered to be sore, lame, sick or injured after the draw, the animal will be immediately removed from competition.
b. 
A conveyance of a type on which injured animals may be easily placed without causing additional injury must be made available at all rodeos to remove animals from the arena in case of injury.
c. 
A pen, corral, or truck bed shall be available to receive injured animals removed from the arena. Adequate bedding material shall be on hand and the injured enclosure shall be bedded should its use be required.
[Ord. #99-968, S 1]
All rodeo sponsors/organizers applying for an outdoor assembly permit (as required by section 4-2 of this Code) must include a copy of the current rules and regulations of the association sanctioning the rodeo as part of its permit application materials.
[Ord. #05-1174, S 1]
a. 
No owner or keeper of any pet shall cause, suffer, permit, allow such pet to soil, defile, defecate on or create any nuisance upon any common thoroughfare, street, sidewalk, passageway, road bypass, play area, park or any other place where people congregate or walk upon any public property whatsoever, or upon any private property without the permission of the owner of the private property. If any owner or keeper of a pet shall permit the pet to soil, defile, defecate on or commit any such nuisance as aforesaid, he or she shall immediately remove the pet's feces and droppings, which removal shall thereafter be subject to proper disposal as defined hereinabove in Section 5-1.
b. 
Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
[Added 5-20-2021 by Ord. No. 21-1659]
a. 
Minimum lot size. A minimum lot size of 1/2 acre is required to keep chickens pursuant to this section.
b. 
Number of allowable chickens. No more than six chickens may be kept on any parcel that meets the minimum lot size. For each additional 1/2 acre, two additional chickens may be kept.
c. 
Roosters and cockerels. Mature roosters are prohibited. Any cockerel (defined as a young male chicken) must be culled or permanently removed from the property within five days.
d. 
Slaughtering. Slaughtering chickens in public view is prohibited.
e. 
Required shelters. Chickens shall be provided, and shall remain within, a fully enclosed shelter (e.g., coop that is located within or attached to a fully enclosed pen) to provide access to outdoor space and protection from predators.
1. 
Shelters, including enclosures, shall be located in the rear yard.
2. 
Shelters, including enclosures, shall be located at least 25 feet from any property line and at least 50 feet from any residential structure on an adjoining property.
3. 
Shelters shall not exceed 150 square feet in size.
4. 
No shelter or enclosure may be utilized without first having received a zoning permit and any other state or local permit that may be required.
5. 
The use of enclosed mobile chicken tractors is permitted as a supplement to, but not a replacement for, a fully enclosed shelter. Chicken tractors must remain within the boundaries defined herein, and may not be used as overnight shelters.
f. 
Waste storage. Storage of manure, excreta, other waste odor or dust-producing substances associated therewith shall be located at least 25 feet from any lot line and at least 50 feet from any residential structure on an adjoining property and shall be properly composted per health code or USDA guidelines or kept in a watertight container until it can be disposed of in a proper fashion off-site.
g. 
Feed storage. Animal feed stored outdoors shall be kept in tightly sealed containers.
h. 
No running at large. No person owning, keeping, maintaining or harboring a chicken shall permit, suffer or allow a chicken to run at large upon any public streets or upon any private property except upon premises where permission has been given by the owner.
i. 
No disturbing the peace. No person owning, keeping, maintaining or harboring a chicken shall permit, suffer or allow a chicken to cause a nuisance by excessive, loud, or continuous noise to the annoyance and discomfort of surrounding neighbors such that their rest is broken and their sleep interrupted, and/or the reasonable use and enjoyment of their property is disturbed.