Township of Upper, NJ
Cape May County
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Table of Contents
Table of Contents
[Ord. #7-1987, § 1.1]
It shall be unlawful to own, harbor, keep or maintain a dog within the Township unless the owner thereof or the person or persons harboring or maintaining the same shall exercise sufficient and proper control and care over such animal at all times so as to prevent the animal from becoming a public nuisance or otherwise violating this Chapter.
[1972 Code § 5-1; Ord. #7-1987, § 1.2; Ord. #13-1998, § 1]
As used in this section:
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.
KEEPER
Shall mean any person exercising control over a dog or permitting a dog to remain on premises under his control.
OWNER
When applied to the proprietorship of a dog shall mean and include every person having a right of property in the dog and every person who has a dog in his keeping.
PUBLIC NUISANCE
Shall mean that a dog shall be considered a public nuisance if it has no known owner or custodian, or if it has no known place of care or shelter, or if it trespasses upon or damages either public or private property, or annoys, bites, scratches or harms lawful users or occupants thereof, or habitually and continually and on a recurring basis, as distinguished from a single or isolated instance, barks, cries, howls or emits other sounds disturbing to the peace:
a. 
For two or more hours on three or more consecutive days between the hours of 7:00 a.m. and 7:00 p.m., prevailing time; or
b. 
For one or more hours on three or more consecutive days between the hours of 7:00 p.m. and 7:00 a.m., prevailing time; or
c. 
For two or more hours on five or more nonconsecutive days during a period of 30 days and between the hours of 7:00 a.m. and 7:00 p.m., prevailing time; or
d. 
For one or more hours on five or more nonconsecutive days during a period of 30 days and between the hours of 7:00 p.m. and 7:00 a.m., prevailing time.
VICIOUS DOG
Shall mean any dog which has been declared by a Municipal Judge to be a vicious dog which has attacked or bitten any human being, or which habitually attacks other dogs or domestic animals.
[1972 Code § 5-2.1]
Licenses shall be required for the following dogs of licensing age:
a. 
Any dog owned or kept within the Township by a resident of the Township on January 1 of any calendar year.
b. 
Any dog 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.
[1972 Code § 5-2.2]
Each application for a license under this Chapter shall give the following information:
a. 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings and whether the dog is of a long or short haired variety.
b. 
Name, street and post office address of the owner of and of the person who shall keep or harbor the dog.
Registration numbers shall be issued in the order in which applications are received.
[1972 Code § 5-2.3]
Applications for licenses for dogs which are required to be licensed by the provisions of paragraph 8-3.1, shall be made before February 1 of each calendar year. In all other cases, the application for a license shall be made at the time the dog in question first becomes subject to the provisions of this section.
[1972 Code § 5-2.4; New]
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. In addition, he shall forward similar information to the State Department of Health each month on forms furnished by the department.
[Ord. #97, § 1; 1972 Code § 5-2.5; Ord. #7-1987, § 1.10; Ord. #2-1988, § 1; Ord. #12-1990, § 1]
a. 
All dogs within the Township shall be annually licensed by the Township Clerk. The fee for such annual license shall be as follows:
Neutered or Spayed Dogs
Prior to 3-1-1991
On or after 3-1-1991
$3.20
$4
Non-Neutered or Spayed Dogs
Prior to 3-1-1991
On or after 3-1-1991
$6.20
$7
The above fees include the appropriate State fees. The Township Clerk is authorized and directed to issue such license and perform all other acts related to the licensing of dogs as required by the laws of New Jersey.
b. 
At the time of annual licensing, the owner or custodian of the animal shall show written proof that the dog has a current and effective rabies vaccination. No license shall be issued to any dog whose owner or custodian fails to produce proof of rabies vaccination.
c. 
All licenses issued pursuant to this section shall expire on January 31 of the year following date of issue.
d. 
Any license which is not originally issued, as distinguished from renewed, within 30 days of the date when said license would be required to issue, shall be subject to an administrative late charge of $5, which shall be collected, together with the prescribed license fee, at the time that the license is issued. Upon the renewal or renewals of said license, the provisions of paragraph e herein shall apply.
e. 
Any license which is not renewed on or before March 1st shall be subject to a delinquent fee as follows:
1. 
An administrative late fee of $5, plus $1 for each month or fraction thereof, computed from March 1 through and inclusive of the month when the renewal occurs. Such fees shall be in addition to the prescribed license fee and shall be collected by the Licensing Official at the same time that the annual fee is paid and the license issued.
2. 
The administrative late fee shall be collectible one time in each calendar year. The monthly delinquency charge shall be cumulative, computed from March 1 of the year when renewal should have occurred until the actual month when the renewal license issues.
[Ord. #97, § 2; 1972 Code § 5-3; Ord. #7-1987, § 1.5]
All dogs seized pursuant to N.J.S.A. 4:19-15.16 and all dogs running at large as that term is defined in subsection 8-5.1 shall be seized and if not claimed and redeemed within seven days after seizure, they shall be destroyed or otherwise disposed of in accordance with the laws of the State of New Jersey. The Animal Control Officer, or other person authorized by the Township to enforce the provisions of this Chapter, shall, upon receipt of a complaint that a dog is a public nuisance, as defined herein, seize the dog and keep it within the care and custody of an animal shelter for a period of seven full days from the date of apprehension.
[Ord. #7-1987, § 1.6]
If any dog seized pursuant to the provisions of this section bears any identification of ownership or place of abode, the Animal Control Officer, or other authorized enforcement official, shall, on the date of seizure, notify the owner or the occupant of the place of abode that the animal has been seized and that it may be claimed at a designated location, subject to the provisions of this section.
[Ord. #7-1987, § 1.7; Ord. #2-1988, § 1]
During the aforementioned seven day custodial period, any dog so impounded may be claimed by its owner upon payment to the animal shelter of a reasonable fee for each day or portion thereof that the dog remains in the custody of the animal shelter, as determined periodically by the shelter.
Such fees shall include the following:
a. 
$20 fee for pickup.
b. 
$7 fee per day, or fraction thereof for boarding.
[Ord. #7-1987, § 1.8]
Any dog which has been seized pursuant to this section, which has not been claimed during the custodial period set forth herein, may be claimed by any person willing to assume the responsibility of ownership. Otherwise, the dog may be disposed of by the animal shelter or other designated official by being put to death in as humane a manner as possible.
[Ord. #97, § 4; 1972 Code § 5-5.1; Ord. #011-2009, § 1]
No person owning, possessing or harboring any dog shall suffer or permit it to run at large unless such dog is accompanied by a person over the age of 12 years and such dog is securely confined and controlled by an adequate leash not exceeding six feet in length, providing nevertheless, that properly licensed hunting dogs under the control and supervision of their owner may be used for hunting purposes in hunting areas permitted by law. For the purpose of this Chapter, any dog which is off the premises of the owner is hereby defined as one which runs at large.
[Ord. #97, § 5; 1972 Code § 5-5.2]
No person owning, keeping or harboring a dog shall permit it or suffer it to do any damage to any person or property.
[Ord. #7-1987, § 1.3]
Any dog off the property of either the owner or person exercising custody of such animal, shall be on a leash not exceeding six feet in length and of sufficient strength to restrain the dog. The leash shall be held by a person of sufficient strength and maturity so as to be capable of controlling the dog.
[Ord. #7-1987, § 1.4; Ord. #03-2002, § 1; Ord. #021-2007, § 1; Ord. #007-2009, § 1]
a. 
No dog, whether on a leash or not, shall be permitted upon any publicly owned park, playground, recreation area or other public facility or building except as follows:
1. 
This prohibition shall not apply to a bona fide seeing-eye dog while under the care of its blind master or trainer, provided that such trainer has in his or her possession a valid identification card issued by the County Board of Health and has complied with the other requirements of this section as set forth below.
2. 
This prohibition shall not apply to those areas of Amanda's Field or other Township parks or facilities which are specifically set aside by resolution of the Township Committee as public areas where the walking of leashed dogs is permitted. The Township Committee shall set forth and designate such areas from time to time by resolution and shall provide for the appropriate signage to indicate the areas within which dogs, on a leash, are permitted. All persons exercising control of a dog on said designated public area must comply with all other provisions of this Chapter.
3. 
With respect to any area now or in the future designated by Township Committee as a dog park, the Township Committee shall adopt rules and regulations governing the operations of such dog park by resolution. Such rules and regulations may permit, at the discretion of the Township Committee, dogs in the facility to not be leashed.
Any violation of the rules and regulations adopted by the Township Committee shall be a violation of this Chapter.
b. 
No dog, other than a bona fide seeing-eye dog while under the care of its master or trainer as hereinabove defined, shall be permitted on the beach from March 15 through September 30 of each year. From October 1 through March 14, dogs shall be permitted on the beach, subject to the provisions of subsection 8-5.3 above.
c. 
Notwithstanding the provisions of subsection 8-5.3 hereof and sections a and b above and any other law to the contrary, the trainer(s) of search and rescue dogs shall be permitted access to take such dogs upon Township facilities, including public parks, playgrounds, buildings, facilities and beach areas, unleashed, for bona fide training purposes only and upon compliance with the following:
1. 
The trainer(s) of search and rescue dog(s) shall first make application to the Township Committee for approval and shall indicate the date or dates when access is sought; the facility or location to which access is sought; the reason why access at such time and location is necessary; and any other information requested or required by the Township Committee.
2. 
If satisfied that the request is in the public interest and will otherwise serve to promote the public health, safety and welfare of either the Township, County, State, region or nation, the Township Committee may grant approval in the exercise of its discretion and subject to such terms and conditions deemed reasonable and necessary. Such conditions shall be embodied in a resolution which shall be adopted by the Township Committee. A copy of such resolution, or other evidence of Township Committee approval shall be in the possession of the trainer(s) at all times when such dog(s) are engaged in training exercises upon the beach or upon or at Township public parks or playgrounds.
3. 
Any permission or approval granted by the Township Committee shall be deemed a privilege and not a right and as such may be revoked by the Township Committee when deemed necessary or advisable.
4. 
The owner(s) or trainer(s) shall in all respects be responsible for compliance with all other provisions of Section 8-5 of the Revised General Ordinances of the Township of Upper.
[Ord. #5-1976, § 1; Ord. #13-1998, § 1]
No person who owns, keeps, harbors or possesses any dog or dogs (hereinafter "owner") shall suffer or permit such dog or dogs to annoy neighbors and other persons living within the immediate vicinity by becoming a public nuisance as defined herein by habitual and continued barking and/or howling. Any person complaining of such dog or dogs shall file a complaint with the Township Animal Control Officer. If this is the first such complaint to be received within the past six months, the Animal Control Officer shall give written notice of the complaint to the owner. Such notice shall be sent simultaneously by certified mail and by first class mail. Upon receipt of such notice from the Animal Control Officer, the owner of any such dog shall immediately take action to cause the barking and/or howling to cease and terminate immediately. If a second or subsequent complaint is received within any six-month period, there shall be no requirement for a written cease and desist notice and the provisions of this subsection shall be deemed to have been violated and the owner shall be liable for such penalty as may be authorized. After written notice by the Animal Control Officer, any citizen, in addition to the Animal Control Officer, may file a complaint in the Municipal Court for a second or subsequent occurrence within any six-month period.
[Ord. #7-1987, § 1.9]
It is unlawful for the owner or custodian of any dog to permit, suffer or allow such dog to discharge its excreta upon any public or private property other than the property of the owner or custodian, unless the owner or custodian immediately removes such excreta and disposes of it by placing it in a closed container or covered trash receptacle.
[Ord. #011-2009, § 2]
a. 
Dogs must be able to move freely when chained or tethered. The size of the tether or chain must be a minimum of 15 feet linear feet and shall remain tangle free. Dogs must be equipped with properly fitted harness or buckle-type collars. The tether or chain shall be constructed of lightweight, yet durable, material. A dog house must be accessible to any dog that is chained or tethered.
b. 
Dogs that are not spayed or neutered shall not be tethered or chained for any period of time and must be in a completely enclosed yard or housed indoors.
c. 
No dogs may be tethered or chained after dark (prior to sunrise or after sunset).
[Ord. #97, § 1; 1972 Code § 5-4; New; Ord. #13-1998, § 1; Ord. #8-2000, § 1]
The Township Committee shall appoint a Certified Animal Control Officer who shall be responsible for animal control within the jurisdiction of the Township and who shall enforce and abide by the provisions of N.J.S.A. 4:19-15.16 as the same, from time to time, may be amended or supplemented. Without intending to limit the generality of the foregoing, the Certified Animal Control Officer and his/her assistants shall have the power and authority to seize, maintain, destroy and otherwise dispose of dogs running at large within the Township in accordance with the provisions of this Chapter and to perform all such other duties and responsibilities of a Certified Animal Control Officer as prescribed by law.
[Ord. #8-2000, § 1]
The Certified Animal Control Officer shall be authorized to investigate and sign complaints, arrest violators and otherwise act as an officer for detection, apprehension and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and Ordinances of the Township. To exercise such powers, the Officer shall have completed the training required pursuant N.J.S.A. 4:19-15.16(a). Only Certified Animal Control Officers who have completed such training shall be authorized to so act as an Officer for detection, apprehension and arrest of offenders.
[Ord. #8-2000, § 1]
The Township Committee shall not appoint a Certified Animal Control Officer, shall not contract for animal control services with any company that employs a Certified Animal Control Officer, and shall revoke the appointment of a Certified Animal Control Officer, who has been found to have violated the provisions of R.S. 4:22-17, R.S. 4:22-18, R.S. 4:22-19, R.S. 4:22-19.1, R.S. 4:22-19.2, R.S. 4:22-20, R.S. 4:22-21; R.S. 4:22-22, R.S. 4:22-23, R.S. 4:22-24, R.S. 4:22-25.1, or R.S. 4:22-26. The Township Committee may, by Resolution, duly adopted by the Township Committee, prescribe rules and regulations for the administration of this procedure. A Certified Animal Control Officer who pleads guilty or who is adjudicated guilty of a violation of any of the enumerated offenses in any Court of this State or in a Court of any other State, shall immediately notify the Township Clerk of such plea or conviction. In any event, written notification shall be provided to the Municipal Clerk indicating the date, place, court and nature of the conviction and the penalty imposed, not later than 10 days following the entry of such conviction. Failure to do so shall constitute a separate and distinct cause for removal from office.
[Ord. #7-1987, § 1.11; Ord. #10-1996, § 1]
Violations of this Chapter shall be punishable as follows:
a. 
First offense, in any twelve-month period, a fine of not less than $50;
b. 
Second offense, in any twelve-month period, a fine of not less than $75;
c. 
Third or subsequent offenses, in any twelve-month period, a fine of not less than $150.
[Ord. #7-1987, § 2.1]
It shall be unlawful to own, harbor, keep or maintain a cat within the Township unless the owner thereof or the person or persons harboring or maintaining the same shall exercise sufficient and proper control and care over such animal at all times so as to prevent the animal from becoming a public nuisance or otherwise violating this section.
[Ord. #7-1987, § 2.2]
Within the meaning of this section, a cat shall be considered a public nuisance if it has no known owner or custodian, or if it has no known place of care or shelter, or if it habitually trespasses upon or damages either public or private property, or annoys, bites, scratches or harms lawful users or occupants thereof, or frequently or continually cries or emits other sounds disturbing to a person of reasonable and ordinary sensitivity.
[Ord. #7-1987, § 2.3]
The Animal Control Officer or other person authorized by the Township to enforce the provisions of this section, shall, upon receipt of a written complaint that a cat is a public nuisance, as defined herein, seize the cat and keep it within the care and custody of an animal shelter for a period of seven days from the date of apprehension.
[Ord. #7-1987, § 2.4]
If any cat seized pursuant to the provisions of this section bears any identification of ownership or place of abode, the Animal Control Officer, or other authorized enforcement official, shall, on the date of seizure, notify the owner or the occupant of the place of abode that the animal has been seized and that it may be claimed at a designated location, subject to the provisions of this section.
[Ord. #7-1987, § 2.5]
During the aforementioned seven day custodial period, any cat so impounded may be claimed by its owner upon payment to the animal shelter of a reasonable fee for each day or portion thereof that the cat remains in the custody of the animal shelter, as determined periodically by the shelter.
[Ord. #7-1987, § 2.6]
Any cat which has been seized pursuant to this section which has not been reclaimed during the custodial period set forth herein, may be claimed by any person willing to assume the responsibility of ownership. Otherwise, the cat may be disposed of by the animal shelter, or other designated official, by being put to death in as humane a manner as possible.
[Ord. #7-1987, § 2.7]
It is unlawful for the owner or custodian of any cat to permit, suffer or allow such cat to discharge its excreta upon any public or private property other than the property of the owner or custodian, unless the owner or custodian immediately removes such excreta and disposes of it by placing it in a closed container or covered trash receptacle.
[Ord. #7-1987, § 2.8]
Each owner or custodian of a cat over the age of six months shall attach to such cat, by whatever means the owner shall consider safe and humane, a visible identification marker, which identification marker shall be carried by the cat at all times it is off the owner's property. The marker shall bear the name of the owner, the address of the owner and a number or name for the particular cat.
[Ord. #7-1987, § 2.9]
Every owner, or custodian of a cat which is off the owner's property within the Township, shall be required to have his or her cat maintain a current rabies vaccination on the animal.
[Ord. #7-1987, § 2.10; Ord. #10-1996, § 1]
Violations of this section shall be punishable as follows:
a. 
First offense, in any twelve-month period, a fine of not less than $50;
b. 
Second offense, in any twelve-month period, a fine of not less than $75;
c. 
Third or subsequent offense, in any twelve-month period, a fine of not less than $150.
[Ord. #2-1996, § 1]
a. 
Adoption Fee.
Cats
$25
Dogs
$35
b. 
Surrender Fee.
Cats
$25
Dogs
$35
[Ord. #001-2003, § 1]
a. 
The Township of Upper ("Township") is the owner of an animal shelter as defined herein which is operated by an independent contractor meeting the qualifications and holding the appropriate New Jersey license(s) of "Animal Control Officer".
b. 
According to State law, impounded animals shall be kept alive for a minimum of seven days in order to provide an opportunity for rabies disease surveillance and to provide an opportunity for the animal's owner to reclaim the animal.
c. 
Additionally, all unowned or surrendered dogs, cats or ferrets which have bitten a human shall be either held for rabies observation for 10 days following the bite or euthanized for laboratory examination for rabies. Other biting animals should be euthanized for rabies examination and, if unowned, they shall be euthanized upon recommendation of the State or County Health Department.
d. 
Every animal received at the shelter shall be tested for worms and treatment instituted when necessary or appropriate.
e. 
The Township supports the adoption of animals where appropriate, possible and practical. Animals suitable for adoption will necessarily have to be held for some undetermined period beyond the seven or ten-day period required by law. The ability of the Township to hold such animals beyond the mandated period of time will necessarily depend on the population of the shelter at any given time and the ability to house such animals in an environment that is humane and safe without neglecting the primary function of providing housing for impounded, seized, or surrendered animals, that housing of which must take precedence for the good of the public and for the safety and well being of the community.
f. 
All animals being adopted from the shelter shall first be spayed or neutered by a licensed veterinarian and the adopting party shall be responsible for all fees and other costs.
g. 
Finally, it is the policy of the Township to periodically adopt necessary rules and regulations through the Township Committee whenever such action is necessary or desirable in order to further carry out the intent and purpose of the within section and Chapter.
[Ord. #001-2003, § 1]
As used within this section, the following terms shall have the definitions indicated:
POUND
Shall mean any establishment for the confinement of dogs or other animals seized either under the provisions of N.J.S.A. 4:19-5.16 or otherwise.
SHELTER
Shall mean any establishment where dogs or other animals were received, housed or distributed. As used in this Ordinance, the term "shelter" shall also encompass the term "pound".
[Ord. #001-2003, § 1]
a. 
All animals received or accepted at the shelter, including those animals seized by the Animal Control Officer pursuant to law, shall be housed and treated in accordance with the rules and regulations of the New Jersey Department of Health and Senior Services including, but not limited to, N.J.A.C. 8:23A-1.6.
b. 
Without intending to limit the generality of the foregoing rules and regulations, the following specific procedures shall be implemented in addition to those requirements imposed by State law, administrative rule or regulation, directive of the New Jersey Department of Health or the Cape May County Department of Health:
1. 
Animals showing signs of contagious illness shall be removed from rooms and enclosures containing healthy animals and housed in a separate isolation area.
2. 
Suspect rabid animals shall be held in caging that is impermeable to the dissemination of saliva to animals housed on either side of it, with a warning sign prominently posted on the enclosure.
3. 
Programs of disease control and adequate health care shall be established and maintained under the supervision and assistance of a doctor of veterinary medicine. A form, developed by the State Department of Health, indicating that such a program is in effect at the facility, shall be signed and dated yearly by the contracting veterinarian and kept on file at the facility for inspection by State and local health officials. A copy of that form shall also be filed in the office of the Township Clerk not later than 10 business days following its completion and execution by the contracting veterinarian.
4. 
Each animal shall be observed daily by the animal caretaker in charge, or by someone under his or her direct supervision. Sick, diseased, injured or lame animals shall be provided with at least basic veterinary care (that is, to alleviate pain and suffering) and not offered for sale or adoption until deemed by the attending veterinarian to be fit for sale or adoption or euthanized, unless such action is inconsistent with the purposes for which the animal was obtained and is being held; provided, however, that this provision shall not affect compliance with N.J.S.A. 4:19-15.16 which requires the holding for seven days of all stray animals. Euthanized animals that have bitten a human within 10 days previous to euthanasia shall be examined for rabies at the State Health Department laboratory as required by New Jersey State law.
5. 
Any animal under confinement for, or with signs of, a communicable disease shall be separated from other healthy animals and placed in an isolation area in order to minimize dissemination of such disease. Caretakers shall wash their hands after handling these animals and follow procedures which control the dissemination of disease as recommended by the contracting veterinarian.
6. 
Impounded animals must be kept alive for seven days or longer at the discretion of the shelter manager or veterinarian of record in order to provide an opportunity for rabies disease surveillance and an opportunity for the animal's owner to reclaim the animal.
7. 
Unowned or surrendered dogs, cats, or ferrets which have bitten a human shall be either held for rabies observation for 10 days following the bite or euthanized for laboratory examination for rabies, provided that this shall not effect compliance with N.J.S.A. 4:19-15.16.
8. 
Other biting animals should be euthanized for rabies examination; if unowned, they shall be euthanized upon recommendations of the State or County Health Department.
9. 
Animals brought to the shelter for elective destruction shall not be euthanized until the person in charge of the facility has determined the animal is not a stray, and that the person requesting the animal's euthanasia is its owner or a representative with written authorization of the owner and the animal has not bitten a human within 10 days or evidenced other aggressive tendencies compatible with symptoms suspicious of rabies. If the animal has bitten a human within 10 days, the appropriate specimen shall be delivered to the laboratory.
c. 
Every animal received at the shelter shall, as soon as it is practical to do so, be tested for worms including heart worm, round worm, hook worms, and whip worms. Treatment of these conditions shall be implemented when necessary or appropriate.
[Ord. #001-2003, § 1]
a. 
Animals being adopted from the shelter shall be subject to the following provisions:
1. 
The adopting party shall complete an application for adoption, the form of which shall be developed by the manager or operator of the shelter.
2. 
An adoption contract shall also be completed by the adopting party, the form of which shall be prepared by the manager or operator of the shelter. Copies of all such forms shall be filed with the Township Committee and, with respect to the Upper Township Animal Shelter, shall be subject to approval of the Township Committee.
b. 
No animal shall be released for adoption unless and until such animal is spayed or neutered, as the case may be, in a humane manner, by a licensed veterinarian. The adopting party shall be responsible for the payment of the veterinarian fee for the spay/neuter procedure.
c. 
There will be an appropriate waiting period between execution of the adoption contract and payment of required fees and pickup of the animal to allow sufficient time for the spaying and neutering procedure and for the immunization which will be administered.
[Ord. #001-2003, § 1]
a. 
There shall be an adoption fee for each animal being adopted through the Upper Township Animal Shelter as set forth in Section 8-9 of this Chapter.
b. 
In addition to the adopting fee set forth in Section 8-9 of this Chapter, the adopting party shall also pay a fee for the animal to be spayed or neutered, as the case may be, which fee shall not exceed the sum of $75 and shall be based on the actual costs incurred by the Township for such procedures.
c. 
Dogs and cats being adopted through the shelter shall be immunized against distemper, hepatitis, and leptospirosis and the immunization against panleucopenia, pneumonitis, and rhinotracheitis. If such animal has not been previously immunized, such immunization shall be given at least 10 days prior to surgery for spaying or neutering. The cost of such immunizations shall be the responsibility of the adopting party and shall be paid by the adopting party in addition to all other fees specified herein.
d. 
All fees generated by the Upper Township Animal Shelter, except for those fees collected to pay for certain medical procedures and immunizations, shall be used by the Township and segregated in a separate fund and shall be used for the purpose of defraying costs associated with the care and treatment of animals in the Upper Township Animal Shelter.
[Ord. #001-2003, § 1]
All forms and contracts required by this section except for those forms which are official forms approved by the State Department of Health and Senior Services or by the County Health Department shall be submitted to the Township Committee for approval and shall not be utilized until such time as the Township Committee grants express approval thereto. The Township Committee shall have the authority to require that any such form in use at the animal shelter (except for official forms) be modified in accordance with the directive of the Township Committee.
[Ord. #001-2003, § 1]
The Township Committee shall have the authority to establish rules and regulations, from time to time, regarding the implementation of this section and regarding the operation of the animal shelter. All such rules and regulations shall be promulgated and adopted by resolution. Prior to adopting any rule or regulation, notice thereof shall be given to the manager/operator of the shelter at least 10 days in advance of any formal adoption of the resolution by the Township Committee.
[Ord. #005-2003, § 1]
No person owning, possessing or otherwise having custody of any horses, cattle, swine, goats, fowl or any other animal or fowl, whether or not domesticated, shall allow or permit said animals or fowl to run at large unattended in any area of which said person is not the owner of the premises or has not the written consent of the owner of said premises.
[Ord. #005-2003, § 1]
Any person complaining that any animal, including a dog or cat, is running at large in violation of subsection 8-11.1 above shall file a complaint with the Township Animal Control Officer. If this is the first such complaint to be received within the past six months, the Animal Control Officer shall give written notice of the complaint to the owner or person having custody of said animal, if known. Such notice shall inform the owner or person in custody of said animal to cease and desist violation of subsection 8-11.1 and shall be sent simultaneously by certified mail and by first class mail. If a second or subsequent complaint is received within any six-month period, the owner or person in custody of said animal shall be liable for such penalty as may be authorized by subsection 8-11.3 below. After written notice by the Animal Control Officer, any citizen, in addition to the Animal Control Officer, may file a complaint in Municipal Court for a second or subsequent occurrence within any six-month period. Nothing in this section shall limit the authority of the Animal Control Officer to act without the aforesaid written notice to: (a) impound any animal pursuant to State law (N.J.S.A. 4:19-15.16) or under any other provision of this Chapter, or (b) to investigate, sign complaints, arrest violators and enforce any other provision of this Chapter.
[Ord. #005-2003, § 1]
Violations of this section shall be punishable as follows:
a. 
First offense, in any twelve-month period, a fine of not less than $50;
b. 
Second offense, in any twelve-month period, a fine of not less than $75;
c. 
Third subsequent offense, in any twelve-month period, a fine of not less than $150.
[Ord. #004-2006, § 1]
The purpose of this section is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by Township of Upper, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. #004-2006, § 1]
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 section 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.
a. 
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.
b. 
PERSON - Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
c. 
WILDLIFE - Shall mean all animals that are neither human nor domesticated.
[Ord. #004-2006, § 1]
No person shall feed, in any public park or on any other property owned or operated by Township of Upper, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
[Ord. #004-2006, § 1]
a. 
Person shall be allowed to feed wildlife from backyard bird feeders on private property; or
b. 
Person shall be allowed to feed wildlife from backyard bird feeders on public property with permission from Township Committee; and
c. 
Person shall be allowed to bait wildlife as permitted by the New Jersey Division of Fish and Wildlife in the legal taking of fish and/or game on public and/or private property.
[Ord. #004-2006, § 1]
a. 
This section shall be enforced by the Animal Control Officer of Township of Upper.
b. 
Any person found to be in violation of this section shall be ordered to cease the feeding immediately.
[Ord. #004-2006, § 1]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine as follows:
a. 
First offense, in any twelve-month period, a fine of not less than $50;
b. 
Second offense, in any twelve-month period, a fine of not less than $75;
c. 
Third offense, in any twelve-month period, a fine of not less than $150.
[Ord. #006-2014]
No owner, caretaker, guardian or handler shall withhold proper shelter, protection from weather, veterinary care and immune care to any animal. No owner, caretaker, guardian or handler shall fail to provide his or her animal with sufficient food and drinkable water on a daily basis. Food and drinkable water must be in an animal food consumption or water consumption type container, feeder or waterer.
[Ord. #006-2014]
No animal shall be subjected to unnecessary suffering and cruelty such as subjecting the animal to prolonged fear, injury, pain or physical abuse. Interaction with humans and other animals shall not be unreasonably withheld. Any individual, currently licensed by the State Board of Veterinary Medical Examiners to practice veterinary medicine, who is acting within his or her scope of practice to deliver acceptable and medically sound veterinary care to an animal, shall be exempt from this section.
[Ord. #006-2014]
In extreme weather below 32° and above 95° and in major storms where evacuation is recommended, all outdoor dogs and indoor/outdoor cats (with the exception of feral cats) must be brought indoors whether tethered or kenneled, unless the kennel is heated or air conditioned according to safety code. Indoors will include any area of the residence which is temperature controlled and garage and basement unless heated in cold or air conditioned in heat will not be considered adequate.
[Ord. #006-2014]
Violations of this section shall be enforced and shall be punishable pursuant to sections 8-6 and 8-7 of this Chapter.
[Ord. #10-1996, § 1]
If any section, subsection, paragraph, sentence or other part of this Chapter is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Chapter, but shall be confined in its effects to the section, subsection, paragraph, sentence or other part of this Chapter directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this Chapter shall remain in full force and effect.