Township of Fairfield, NJ
Essex County
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Table of Contents
Table of Contents
Editor's Note: See also Chapter 8, Section 8-3 and subsection 8-10.4.
[Ord. No. 2017-13]
The Township of Fairfield, in accordance with the Legislature of this State, finds and declares that certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of the Township by virtue of their unprovoked attacks on, and associated injury to, individuals and other animals; that these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; and that it is therefore appropriate and necessary to adopt the State's uniform set of requirements for the owners of vicious or potentially dangerous dogs, as set forth in the Vicious Dog Act (N.J.S.A. 4:19-17 et seq.) (the "Act").
[Ord. No. 2017-13]
The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.
For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this State or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof.
[1969 Code § 22-1; Ord No. 91-12 § b; Ord. No. 2005-20 § 2; Ord. No. 2017-13]
As used in this chapter:
ANIMAL CONTROL OFFICER
Shall mean an animal control officer appointed pursuant to subsection 5-5.1.
BODILY INJURY
Shall mean physical pain, illness or any impairment of physical condition.
CAT
Shall mean a 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 months or which possesses a set of permanent teeth.
DOG
Shall mean and include any female or male dog or dog hybrid, but it does not include any dog under seven months of age unless it has permanent teeth.
DOMESTIC ANIMAL
Shall mean any cat, dog, or livestock other than poultry.
PET
Shall mean and include any domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Shall mean and include any waste matter expelled from the bowels of the pet; excrement.
POTENTIALLY DANGEROUS DOG
Shall mean any dog or dog hybrid declared potentially dangerous by the Fairfield Township Municipal Court pursuant to subsection 5-2.9.
SERIOUS BODILY INJURY
Shall mean bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
VICIOUS DOG
Shall mean any dog or dog hybrid declared vicious by the Fairfield Township Municipal Court pursuant to subsection 5-2.9.
[1969 Code § 22-2]
If the owner of a dog shall be a minor or not a resident of the Township, the head of the household in which the dog shall be kept shall be deemed to have harbored it.
[1969 Code § 22-3]
A licensed hunter, while hunting with a dog or dogs, may unleash it or them.
[1969 Code § 22-4; Ord. No. 732; Ord. No. 96-12 § 22-4; Ord. No. 2017-13]
a. 
A person owning or harboring a dog, which has not been designated as a potentially dangerous dog, may permit it to be off his/her property, provided that the dog be under leash or other physical restraint adequate to prevent its running at large or attacking human beings or other animals and be in the charge of a person physically capable of controlling it. No person owning, keeping or harboring a dog shall permit or suffer it to do any injury to or to do any damage to any lawn, shrubbery, flowers, grounds or property.
b. 
The owner of a potentially dangerous dog shall:
1. 
Comply with the Order and Schedule of Compliance established by the Municipal Court pursuant to subsection 5-2.10, but in no case more than 60 days subsequent to the date of being designated a potentially dangerous dog;
2. 
Notify the Township, the Fairfield Police Department, and the Animal Control Officer if a potentially dangerous dog is at large, or has attacked a human being or killed a domestic animal;
3. 
Notify the Township, Fairfield Police Department, and the Animal Control Officer within 24 hours of the death, sale or donation of a potentially dangerous dog;
4. 
Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous;
5. 
Upon the sale or donation of the dog to a person residing in a different municipality, notify the Department and the licensing authority, Police Department or force, and Animal Control Officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner; and
6. 
In addition to any license fee required pursuant to subsection 5-3.1, pay a potentially dangerous dog license fee to the Township as provided by subsection 5-3.5.
[1969 Code § 22-6]
No person owning or harboring a dog lawfully off his premises pursuant to subsections 5-2.2, 5-2.3 or 5-2.9 hereof and no person in charge of any such dog shall suffer or permit it to commit any nuisance upon any public property or upon the improved private property of another.
[1969 Code § 22-7]
Except as provided in subsections 5-2.2, 5-2.3 or 5-2.9, it shall be unlawful for any person owning or harboring a dog to suffer or permit the dog to be beyond the boundaries of his property if he resides in the Township or if he resides outside of it.
[1969 Code § 22-8]
No person shall keep within the Township any dog which shall by barking, baying or howling and by the time, volume, intensity, continuity and duration thereof interfere unreasonably with the comfort, disturb unreasonably the rest or endanger the health of persons residing in the neighborhood in which the dog shall be kept.
[1]
Editor's Note: Former subsection 5-2.7, Proof Required, previously codified herein and containing portions of 1969 Code § 22-9, was repealed in its entirety by Ordinance No. 2004-05.
[1969 Code § 22-12; Ord. No. 732; Ord. No. 2005-20 § 2]
It shall be unlawful for any person owning, keeping, harboring or having the custody and possession of any pet or any other domesticated animal other than a disability assistance animal, whether registered or not, to cause, suffer or allow such pet to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or upon any public property whatsoever or upon any private property without the permission of the owner of the property. The restriction in this subsection shall not apply to that portion of the street lying between curblines, which shall be used to curb such pet under the following conditions:
a. 
The person who so curbs the pet shall immediately remove the pet solid waste deposited by the animal by any sanitary method approved by the Township Board of Health.
b. 
The pet solid waste removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or having the custody and possession of any pet curbed in accordance with the provisions of this section, in a sanitary manner approved by the Township Board of Health.
[1969 Code § 22-5; Ord. No. 732; Ord. No. 96-12 § 22-5; Ord. No. 2017-13]
a. 
After the impoundment of a dog pursuant to subsection 5-4.1 and upon request from an owner pursuant to subsection 5-4.4, the Municipal Court shall conduct a hearing to determine whether the dog is "vicious" or "potentially dangerous."
b. 
The Municipal Court shall declare a dog vicious if it finds by clear and convincing evidence that the dog:
1. 
Killed a person or caused serious bodily injury to a person; or
2. 
Has engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.
c. 
The Municipal Court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:
1. 
Caused bodily injury to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person, or
2. 
Severely injured or killed another domestic animal, and
(a) 
Poses a threat of serious bodily injury or death to a person; or
(b) 
Poses a threat of death to another domestic animal, or
3. 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
d. 
A dog shall not be declared vicious for inflicting death or serious bodily injury upon a person if the dog was provoked. A dog shall not be declared potentially dangerous for causing bodily injury to a person if the dog was provoked, or for severely injuring or killing a domestic animal if the domestic animal was the aggressor. The Township shall bear the burden of proof to demonstrate that the dog was not provoked.
e. 
Notwithstanding any provision to the contrary, if the Municipal Court declares a dog to be vicious, and no appeal is made of this ruling pursuant to subsection 5-2.11, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
f. 
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 actions of the dog.
[Ord. No. 2017-13]
a. 
If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part, shall require the owner to:
1. 
Apply, at his own expense, to the Township Clerk, for a special Potentially Dangerous Dog License, registration number, and red identification tag pursuant to subsection 5-3.5. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a Potentially Dangerous Dog License, registration number, and red identification tag.
2. 
Display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to paragraph (3) of this subsection; and
3. 
Immediately erect and maintain an enclosure for the potentially dangerous dog on the properly where the potentially dangerous dog will be kept and maintained, which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six feet in height separated by at least three feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or other person. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the Animal Control Officer and having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three feet from the owner and under the direct supervision of the owner.
b. 
The Municipal Court may, in addition to subsection a above, require the owner to maintain liability insurance in an amount determined by the Municipal Court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the Township of Fairfield to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
[Ord. No. 2017-13]
The owner of the dog, or the Animal Control Officer, may appeal any final decision, order, or judgment, including any conditions attached thereto, of the Municipal Court pursuant to this chapter by filing an appeal with the Superior Court, Law Division, in accordance with the Rules Governing The Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction.
[Ord. No. 2017-13]
Notwithstanding any provision in the Act to the contrary, the Township of Fairfield and the owner of the dog may settle and dispose of the matter at any time in such manner and according to such terms and conditions as may be mutually agreed upon. Pursuant to the Act, the Township and any of its employees shall not have any liability by virtue of having entered into any settlement agreement pursuant to this section, or for any action or inaction related to the entry into such agreement, for any injuries or damages caused thereafter by the dog. The Township may, as a condition of the settlement agreement, also require that the owner of the dog hold the Township harmless for any legal expenses or fees the Township may incur in defending against any cause of action brought against the Township notwithstanding the prohibition against such causes of action set forth in the Act.
[1969 Code § 22-11; Ord. No. 674; Ord. No. 724; Ord. No. 825; Ord. No. 91-12 §§ c. and d.; Ord. No. 2007-22 § 1]
a. 
The sum to be paid annually for the registration and licensing of a dog, and each renewal thereof, shall be $18. Said fee shall be reduced to $15 provided the owner presents a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered.
b. 
All renewals shall be paid by March 31 annually. All renewals after March 31 shall include an additional $3 late fee.
c. 
Animal Population Control Fund (APCF). Owners issued licenses for nonspayed or nonneutered dogs of reproductive age are to be assessed a $3 fee. A dog of licensing age is considered to be of reproductive age. Owners presenting a statement signed by a veterinarian or a notarized statement signed personally certifying that their dog has been sterilized are exempt from the $3 fee.
d. 
For each license issued a $0.20 fee shall be assessed for the State Pilot Spay Neutering Clinic fee.
e. 
No license and official registration tag for any dog shall be granted unless that owner thereof provides written evidence that such dog has been inoculated with the proper rabies vaccine.
[Ord. No. 91-12 § d.]
a. 
The sum to be paid annually for the registration of a cat and a license and each renewal thereof shall be $5 for the first cat provided the cat has been spayed and neutered and $3 for each additional cat. A surcharge of $3 shall be charged for those cats for which proof of alteration has not been provided.
b. 
No license and official registration tag for any cat shall be granted unless the owner thereof provides written evidence that such cat has been inoculated with the proper rabies vaccine.
c. 
All renewals shall be paid by March 31 annually. All renewals after March 31 shall include an additional $3 late fee.
[1969 Code § 22-18; Ord. No. 732]
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 therefor.
[1969 Code § 22-19; Ord. No. 91-12 § d.]
No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of any dog or cat without the consent of the owner nor shall any person attach a registration tag to a dog or cat for which it is not issued.
[Ord. No. 2017-13]
a. 
The owner of a dog or dog hybrid declared potentially dangerous by the Fairfield Township Municipal Court pursuant to subsection 5-2.9 shall apply for a potentially dangerous dog registration number and red identification tag. The Township Clerk shall issue a potentially dangerous dog license upon receipt of the license fee established in this subsection and upon written verification from the Animal Control Officer that the owner has provided sufficient evidence demonstrating compliance with the Municipal Court's order. The last three digits of each potentially dangerous dog registration number issued by the Township shall be the three number code assigned to the Township by the New Jersey State Department of Health through the uniform Statewide system for municipal registration of potentially dangerous dogs.
b. 
The Township shall publicize a telephone number for reporting violations of this chapter. This telephone number shall be forwarded to the New Jersey State Department of Health and any changes in this number shall be reported immediately to the Department.
c. 
The sum to be paid annually for the registration and licensing of a potentially dangerous dog, and each renewal thereof, shall be $300. All renewals shall be paid by March 31 annually. All renewals after March 31 shall include an additional $3 late fee.
d. 
All fines and fees collected or received by the Township pursuant to this subsection shall be deposited in a special account and used by the Township to administer and enforce the provisions of this chapter.
[Ord. No. 2017-21]
Licenses shall be required for the following dogs and cats of licensing age:
a. 
Any dog or cat owned or kept within the Township by a resident of the Township on the first day of January of any calendar year.
b. 
Any dog or cat acquired by any person during the course of any calendar year and kept within the Township for more than 10 days after acquisition.
c. 
Any dog attaining licensing age during the course of the calendar year.
d. 
Any unlicensed dog brought into the Township by any person and kept within the Township for more than 10 days.
e. 
Any dog licensed by another state brought into the Township by any person and kept within the Township for more than 90 days.
[Ord. No. 2017-21]
a. 
Each application for a license under this chapter shall give the following information:
1. 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings, and whether such dog is of a long or short-haired variety.
2. 
Name, street and post office address of the owner of and the person who shall keep or harbor such dog.
b. 
Registration numbers shall be issued in the order in which applications are received.
[Ord. No. 2017-21]
The information on all applications under this chapter and the registration number issued to each licensed dog shall be preserved for a period of three years by the Township.
Clerk/Administrator. In addition, he shall forward similar information to the State Department of Health each month on forms furnished by the Department.
[1969 Code § 22-13; Ord. No. 732; Ord. No. 2017-13]
a. 
The Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:
1. 
Attacked a person and caused death or serious bodily injury to that person;
2. 
Caused bodily injury to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;
3. 
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26;
4. 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals;
5. 
Is unlicensed and running at large in violation of the provisions of this chapter;
6. 
Is off the premises of the owner of or the person keeping or harboring such dog which the Animal Control Officer or his agent has reason to believe is a stray dog;
7. 
Is off the premises of the owner of or the person keeping or harboring such dog without a current registration tag on its collar;
8. 
Is female and in season off the premises of the owner of or the person keeping or harboring the dog; or
9. 
Has been determined to be a potentially dangerous dog that is unmuzzled or running at large.
b. 
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 Fairfield Township Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.
[1969 Code § 22-14; Ord. No. 732; Ord. No. 2017-13]
a. 
Any officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any dog which he may lawfully seize and impound when such officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog if the owner is present and forbids same.
b. 
The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with subsection 5-2.10a2 and 3.
[1969 Code § 22-15; Ord. No. 732]
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.
[1969 Code § 22-16; Ord. No. 732; Ord. No. 2017-13]
a. 
The Animal Control Officer shall notify the Fairfield Township Municipal Court and the Fairfield Township Health Officer immediately that he has seized and impounded a dog pursuant to subsection 5-4.1, or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The Animal Control Officer shall through a reasonable effort attempt to determine the identity of the owner of any dog seized and impounded pursuant to this chapter. Notwithstanding any provision to the contrary, if its owner cannot be identified within seven days, that dog may be humanely destroyed.
b. 
The Animal Control Officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to subsection 5-4.1, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment, and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted or, if not, to relinquish ownership of the dog, in which ease the dog may be humanely destroyed. Notwithstanding any provision to the contrary, if the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter, or does not reply to the certified letter with a signed statement within seven days of receipt, the dog may be humanely destroyed.
[1969 Code § 22-17; Ord. No. 732]
The Animal Control Officer or his agent is authorized and empowered to cause the destruction of any unclaimed dog, in as humane a manner as possible, under any of the following contingencies:
a. 
When any dog so seized has not been claimed by the person owning, keeping or harboring such dog within seven days after notice or within seven days of the dog's detention when notice has not been or cannot be given, as set forth in the previous subsection.
b. 
If the person owning, keeping or harboring any dog so seized has not claimed the dog and has not paid a penalty of $2 for the first offense, $5 for the second offense and $25, for each additional offense thereafter.
c. 
If the seized dog is unlicensed at the time of its seizure and the person owning, keeping or harboring such dog has not produced a license and registration tag as provided in the chapter.
[1969 Code § 22-26; Ord. No. 732]
a. 
The Mayor shall have the power to appoint one or more Animal Control Officers, or to enter into contracts with persons to serve as such Animal Control Officers. The Animal Control Officers shall catch and impound dogs running at large in violation of the provisions of this chapter or otherwise subject to seizure and impoundment in accordance with ordinance or law.
b. 
The Mayor may enter into the necessary contracts with the Associated Humane Society or similar organizations to provide shelter or board for dogs caught pursuant to this chapter.
c. 
Nothing contained in the section, however, shall be construed as limiting the duty or authority of the Chief of Police or of any member of the Police Department to enforce the provisions of this chapter.
[1969 Code § 22-4; Ord. No. 732; New; Ord. No. 94-6; Ord. No. 2017-13]
a. 
Any person who shall violate subsections 5-2.4, 5-2.5, or 5-2.6 of this chapter shall, upon conviction thereof, be subject to a fine, in the discretion of the Judge of the Municipal Court not to exceed $10 for the first offense, $50 for the second offense and $200 for the third and each subsequent offense.
b. 
Any person who shall violate the provisions of Section 5-3 shall be liable to a penalty of not less than $5 nor more than $50 for the first offense, and not less than $5 nor more than $100 for each subsequent offense, to be recovered in the manner provided by N.J.S.A. 4:19-15.19, et seq. Unless otherwise provided, any person who shall violate any other provision of this chapter shall be liable to a fine of not more than one $100 for the first offense, and not more than $200 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. The penalty of an unlicensed dog shall be $27.
c. 
The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this chapter, or to have failed to comply with the Municipal Court's order shall be subject to a fine of not more than $1,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The Municipal Court shall have jurisdiction to enforce this section. The Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of the Act, or any rule or regulation adopted pursuant thereto, or the Court's order. Notwithstanding any provision to the contrary, the Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.
[Ord. No. 2017-13]
a. 
If a dog is declared vicious or potentially dangerous, and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the Township for the costs and expenses of impounding and destroying the dog. The owner shall incur the expense of impounding the dog in a facility regardless of whether the dog is ultimately found to be vicious or potentially dangerous.
b. 
If the dog has bitten or exposed a person within 10 days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.
[Ord. No. 95-11 § Preamble]
The Mayor and Council of the Township have determined it to be in the best interest of the Township to provide for licensing of kennels, pet shops, shelters and pounds. The Health Officer of the Township has recommended the adoption of such ordinance in conformance with N.J.S.A. 4:19-15.1 et seq.
[Ord. No. 95-11 § 1]
As used in this section:
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.
PET SHOP
Shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
POUND
Shall mean an establishment for the confinement of dogs seized either under the provisions of Section 5-4 of this chapter or otherwise.
SHELTER
Shall mean any establishment where dogs are received, housed and distributed without charge.
[Ord. No. 95-11 2]
No licensing provision of this section shall be construed to apply to any establishment wherein or whereon 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. 95-11 § 3]
a. 
No kennel, pet shop, shelter or pound shall be located, established or maintained within the Township unless the person who keeps or operates or proposes to establish such kennel, pet shop, shelter or pound shall obtain a license therefor. Application for the license shall be made to the Township Clerk on forms supplied by the Township Clerk.
b. 
Any person holding a license issued under subsection 5-7.4a of this section shall not be required to procure individual licenses for dogs owned by the licensee and kept at such establishment.
[Ord. No. 95-11 § 4]
The application for a license under this section shall describe the premises where the establishment is located or is proposed to be located and the purpose or purposes for which it is to be maintained and shall be accompanied by the written approval of the Zoning Officer and Health Officer of the Township, showing compliance with the State laws, ordinance of the Township and rules and regulations thereunder governing location of and sanitation at such establishments.
[Ord. No. 95 § 11 5]
a. 
All licenses under this section for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained and shall not be transferable to another owner or different premises. Such licenses shall expire on the last day of June of each year.
b. 
All such licenses shall be subject to revocation by the Health Officer on recommendation of the State Department or as a result of an unsatisfactory Township Health Department inspection for any failure to comply with the rules and regulations of the State Department of Health or of the Township Department of Health governing the same, after the licensee has been afforded a hearing by either the State or Township Department of Health.
[Ord. No. 95-11 § 6]
a. 
The annual license fee for a kennel providing accommodations for five or more dogs shall be $25.
b. 
The annual license fee for a pet shop shall be $100.
c. 
No license fee shall be charged for a shelter or pound.
[Ord. No. 95-11 § 7]
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises except on a leash or in a crate or other safe control.
[Ord. No. 95-11 § 8]
The Township Clerk shall forward to the State Department of Health a list of all kennels, pet shops, shelters or pounds licensed by the Township within 30 days after the licenses thereof are issued, which list shall include the name and address of the licensee and the kind of license issued.
[Ord. No. 95-11 § 9]
Any person to whom a license is issued under this section shall cause the same to be exhibited in a conspicuous place on the licensed premises. The license shall apply only to the person and to the particular place to whom and for which the same is granted and shall not be transferable.
[Ord. No. 95-11 § 10]
The Board of Health or its representatives shall at all times have the right of reasonable inspection over the premises licensed as herein provided, and in case the licensee, his agents or servants at any time refuse admission to the Board of Health or its representatives to the premises for the purpose of making an inspection thereof, the Health Officer may revoke such license, whereupon the right of the person so licensed to conduct and operate such kennel or pound shall immediately cease and terminate.
[Ord. No. 95-11 § 11]
Upon investigation by the Fairfield Health Department representatives as herein provided, the Health Officer may, if in his/her judgment the public welfare so requires, order and direct such licensee to alter the premises to conform to such reasonable regulations as the Health Officer may prescribe, and upon the refusal of such licensee to comply with such regulations, such license may be revoked and the right of such licensee to conduct such kennel or pound shall thereupon cease and terminate.
[Ord. No. 95-11 § 12]
No new kennel license shall be granted or issued until such time as the number of kennel licenses issued and outstanding at any one time shall not exceed three. In the event that the number of kennel licenses issued and outstanding at any one time shall be fewer than three, only such number of additional kennel licenses may be issued as will cause the total number of kennel licenses issued and outstanding at any one time to equal three or fewer.
[Ord. No. 95-11 § 13]
a. 
No new kennel license shall be issued for any kennel on premises at which dogs are to be kept, harbored, maintained, exhibited or displayed, which premises are less than 400 feet from any residential district; provided, however, that the provisions of this subsection shall not prevent the issuance of renewals of kennel licenses on the effective date of this ordinance.[1]
[1]
Editor's Note: Ordinance No. 95-11 was adopted September 25, 1995.
b. 
No kennel license shall be issued or renewed by the Township unless the premises wherein the dog or dogs are to be kept, harbored, maintained, exhibited or displayed comply with all the requirements of the rules and regulations of the State Board of Health and unless in the judgement of the Fairfield Board of Health, the premises are so located and constructed that dogs can be kept, raised or maintained in a sanitary manner without creating a nuisance and without disturbing the public peace and welfare.
[Ord. No. 95-11 § 14]
Any person who violates or fails or refuses to comply with these regulations and the rules and regulations promulgated by the State Department of Health pursuant to the provisions of N.J.S.A. 4:19-15.14, as amended and supplemented, shall be liable to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the Township.
[Ord. No. 2005-19 § 1]
It is the purpose of this section to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by The Township of Fairfield, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 2005-19 § 1; Ord. No. 2017-16]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
BIRDFEEDER
Shall mean any outdoor container for birdfeed, or any item construed as birdfeed, used to attract wild birds.
BIRDS
Shall mean a warm-blooded egg-laying vertebrate characterized by feathers and forelimbs modified as wings.
COMMUNITY CAT
Shall mean cats that are un-owned or loosely owned; community cats are comprised of both strays and feral cats.
FEED
Shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
FERAL CAT
Shall mean any homeless, wild, or untamed cat which is unsocialized to humans and has a temperament of extreme fear of, and resistance to, contact with humans.
FERAL CAT COLONY
Shall mean an individual cat or group of community cats that congregate. Although not every cat in a colony may be feral, any non-feral cats that routinely congregate with a colony shall be deemed to be a part of it.
NON-DOMESTICATED
Shall mean any animal, which lives in the wild and has not been trained to live in a human environment, which has the potential for attacking humans and/or causing property damage.
[Ord. No. 2017-16]
NONPROFIT ANIMAL ESTABLISHMENT
Shall mean a therapeutic facility, humane society, animal shelter, animal rescue or welfare groups, or assistance animal training facilities (recognized by Federal or State law as nonprofit).
NUISANCE
Shall mean disturbing the peace by:
a. 
Habitually or continually howling, crying or screaming; or
b. 
The habitual and significant destruction, desecration or soiling of property against the wishes of the owner of the property.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, nonprofit animal establishment, or political subdivision of this State subject to municipal jurisdiction.
STRAY CAT
Shall mean lost and abandoned former pets who may be suitable for home environments.
WILDLIFE
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 2005-19 § 1; Ord. No. 2017-16]
For the protection of the health and welfare of the citizens, it shall be unlawful to feed or bait wildlife including but not limited to bears, deer, feral cats not covered in this chapter, Canada Geese, wild turkeys, pigeons or waterfowl, or other non-domesticated animals in any manner within the Township. This article does not prohibit baiting and the legal taking of fish or game, the feeding of confined wildlife or farm animals that are displayed at petting zoos, parks, rehabilitation centers, zoos, or unconfined wildlife at environmental education centers.
[Ord. No. 2005-19 § 1; Ord. No. 2017-16]
Notwithstanding the requirements of this section, Animal Control Officers and Police Officers may investigate any nuisance complaint. If an Animal Control Officer or Police Officer determines that a community colony/feral/stray cat is causing a nuisance as defined by this section, the Animal Control Officer or Police Officer may remove the cat.
[Ord. No. 2017-16]
a. 
No feral cat colony may be permitted to be established within any area designated by Federal or State agencies as areas reserved for protected or endangered species of birds or other wildlife, or in any Federal, State or local designated park or preserve.
b. 
No person may feed any feral or community cat within the Township.
c. 
No person may bring a feral or community cat from another municipality to create a community cat colony within the Township.
d. 
No person shall purposely or knowingly leave or store any refuse, garbage, food product, pet food, salt, seed, birdseed, fruit, or grain in a manner that would constitute an attractant to any wildlife.
e. 
Nothing herein shall be construed to prohibit the feeding of wild birds using birdfeeders, provided such feeding does not create an unreasonable interference to surrounding property owners or become an attractant for rodents or other wildlife. Birdfeeders shall be placed at least five feet above the ground and the areas in and around any birdfeeder shall be kept free and clear of birdfeed or any item construed as birdfeed.
[Ord. No. 2005-19 § 1; Ord. No. 2017-16]
This section shall be enforced by the Police Department of the Township of Fairfield and Fairfield Township Animal Control Officers. Any person found to be in violation of this section shall be ordered to cease the feeding immediately.
[Ord. No. 2005-19 § 1; Ord. No. 2017-16]
Fines for violations of this chapter are as follows:
a. 
Not less than $150 for a first offense;
b. 
Not less than $250 for a second offense; and
c. 
Not less than $500 for each subsequent offense.
[Ord. No. 2005-19 § 1; Ord. No. 2017-16]
Each subsection, sentence, clause and phrase of this section is declared to be an independent subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
[Ord. No. 2005-19 § 1; Ord. No. 2017-16]
This section shall be in full force and effect from and after its adoption and publication as may be required by law.