[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:
Shall mean any dog, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
Shall mean any person exercising control over a dog or permitting
a dog to remain on premises under his control.
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.
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:
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
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
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
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.
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:
[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.
[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:
[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:
[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:
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.
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:
[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]
[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:
[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]
[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.
