[Ord. No. 264 § 1; Ord. No. 1142 § 1]
As used in this chapter:
Shall mean any dog, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven (7)
months or which possesses a set of permanent teeth.
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.
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 the dog in his/her keeping.
Shall mean an individual, firm, partnership, corporation
or association of persons.
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.
Shall mean an establishment for the confinement of dogs seized
either under the provisions of this chapter or otherwise.
Shall mean and include the running or standing of any dog
on any street, road or other public place, or on any private property
where permission has not been granted, unattended, or not under the
immediate control of some responsible person able to control the dog,
or not securely confined and controlled by an adequate leash not more
than six (6') feet long.
Shall mean any establishment where dogs are received, housed
and distributed without charge.
Shall mean the Township of Neptune, in the County of Monmouth.
[Ord. No. 264, § 2]
No person shall keep or harbor any dog within the Township without
first obtaining a license issued by the Township Clerk upon application
by the owner and payment of the prescribed fee. No person shall keep
or harbor any dog in the Township except in compliance with the provisions
of this section.
[Ord. No. 264 § 3; Ord. No. 1186 § 1]
Any person who shall own, keep or harbor a dog of licensing
age shall annually apply for and procure from the Township Clerk a
license and official metal registration tag for each such dog so owned,
kept or harbored, and shall place upon each such dog a collar or harness
with the registration tag securely fastened thereto.
[Ord. No. 264 § 4; Ord. No. 314 § 1; Ord. No. 782 § 1; Ord.
No. 875 § 1; Ord. No.
1013 § 1; Ord. No. 1163 § 1; Ord. No. 1191 § 1; Ord. No. 07-17 § 1; Ord. No. 10-14 § 1]
a.
License and Registration; Fee and Renewal. The persons applying for
the dog license and registration tag for dogs shall pay a fee of fifteen
dollars and eighty ($15.80) cents for each dog licensed and also a
fee of one ($1.00) dollar for the State registration fee of each dog;
the fee for the annual renewal of the license and for the registration
tag shall be the same amount paid for the original license and tag;
and renewal dog licenses and registration tags shall expire on June
30th in the year stated on the license.
b.
Replacement Tag. If the current registration tag is lost, the owner
may secure a replacement tag upon payment of the fee of one ($1.00)
dollar and presentation of the current license certificate to the
office of the Township Clerk.
c.
Exceptions from Fees. Dogs used as guides for blind persons and commonly
known as "Seeing Eye" dogs, or dogs used to assist deaf persons and
commonly known as "Hearing Ear" dogs, shall be licensed and registered
as other dogs hereinabove provided for, except that the owner or keeper
of such dog, shall not be required to pay any fee therefor.
d.
Spay-Neuter Clinic Surcharge. In addition to the present fee for
the registration tag for each dog a surcharge of twenty ($.20) cents
on every dog license sold is hereby fixed.
e.
Nonspayed and Nonneutered Dogs; Surcharge. In addition to all other
license fees there is hereby fixed a three ($3.00) dollar surcharge
on all licenses issued for nonspayed and nonneutered dogs.
[Ord. No. 264 §§ 5,
7]
a.
The owner of any newly-acquired dog of licensing age or of any dog
which attains licensing age, shall make application for license and
registration tag for such dog within ten (10) days after such acquisition
or age attainment.
b.
Any person who shall bring or cause to be brought into the Township any dog licensed in another State for the current year, and bearing a registration tag, and shall keep the same or permit the same to be kept within the Township for a period of more than ninety (90) days, shall immediately apply for a license and registration tag for each such dog, unless the dog be licensed under subsection 5-1.8.
c.
Any person who shall bring or cause to be brought into the Township any unlicensed dog and shall keep the same or permit the same to be kept within the Township for a period of more than ten (10) days, shall immediately apply for a license and registration tag for each such dog, unless the dog be licensed under subsection 5-1.8.
[Ord. No. 264 § 6]
The application shall state the breed, sex, age, color and markings
of the dog for which license and registration are sought, and whether
it is of a long- or short-haired variety; also the name, street and
post-office address of the owner and the person who shall keep or
harbor the dog. The information on the application and the registration
number issued for the dog shall be preserved for a period of three
(3) years by the Township Clerk. In addition he/she shall forward
similar information to the State Department of Health each month,
on forms furnished by the Department. Registration numbers shall be
issued in the order of the applications.
[Ord. No. 264 § 8]
No person, except an officer in the performance of his duties,
shall remove a registration tag from the collar of any dog without
the consent of the owner, nor shall any person attach a registration
tag to a dog for which it was not issued.
[Ord. No. 264 §§ 9—11; Ord. No. 1186 § 3]
a.
License Required. Any person who keeps or operates or proposes to
establish a kennel, a pet shop, a shelter or a pound shall apply to
the Township Clerk for a license entitling him/her to keep or operate
such establishment.
b.
Application Information; Expiration. The application shall describe
the premises where the establishment is located or is proposed to
be located, the purpose or purposes for which it is to be maintained,
and shall be accompanied by the written approval of the Health Officer
of the Board of Health of the Township, showing compliance with the
local and State rules and regulations governing location of and sanitation
at such establishments. Such licenses issued for a kennel, pet shop,
shelter or pound shall state the purpose for which the establishment
is maintained and all such licenses shall expire on June 30 of each
year, and be subject to revocation by the Township Committee on recommendations
of the State Department of Health or the Township Board of Health
for failure to comply with the rules and regulations of the State
Department or the Board of Health governing the same after the owner
has been afforded a hearing by either the State Department or the
Township Board of Health.
c.
Licenses Not Transferable; Individual Dog Licenses Not Required.
Any person holding such license shall not be required to secure individual
licenses for dogs owned by the licensee and kept at such establishments;
such licenses shall not be transferable to another owner or different
premises.
d.
License Fee. The annual license fee for a pet shop shall be ten ($10.00)
dollars. No fee shall be charged for a shelter or pound.
e.
Control of Dogs. No dog kept in a kennel, pet shop, shelter or pound
shall be permitted off the premises, except on leash or in a crate
or other safe control.
[Ord. No. 264 § 12;
New]
License fees and other moneys collected or received under the
provisions of this chapter except registration tag fees, shall be
forwarded to the Township Treasurer within thirty (30) days after
collection or receipt and shall be placed in a special account separate
from any of the other accounts of the Township. The account shall
be used for the following purposes only: for collecting, keeping and
disposing of dogs liable to seizure under this chapter; for local
prevention and control of rabies; for providing anti-rabid treatment
under the direction of the local Board of Health for any person known
or suspected to have been exposed to rabies; for all other purposes
prescribed by the Statutes of New Jersey governing the subject, and
for administering the provisions of this chapter. Any unexpended balance
remaining in the special account shall be retained therein until the
end of the third fiscal year following and may be used for any of
the purposes set forth in this subsection. At the end of the third
fiscal year following, and at the end of each fiscal year thereafter,
there shall be transferred from the special account to the general
funds of the Township any amount then in the account which is in excess
of the total amount paid into the special account during the last
two (2) fiscal years next preceding.
The registration tag fee shall be forwarded within thirty (30)
days after collection by the Clerk to the State Department of Health.
[Ord. No. 264 § 13]
The Township Clerk shall forward to the State Department of
Health a list of all kennels, pet shops, shelters and pounds licensed
within thirty (30) days after the licenses are issued. The list shall
include the name and address of the licensee and the kind of license
issued.
[Ord. No. 264 § 14]
The Police Department shall annually cause a canvass to be made
of all dogs owned, kept or harbored within the limits of the Township
and shall report to the Township Clerk, the Board of Health, and to
the State Department of Health the result thereof, setting forth in
separate columns the names and addresses of persons owning, keeping
or harboring dogs, the number of licensed dogs owned, kept or harbored
by each of said persons, together with the registration numbers of
each of the dogs, and the number of unlicensed dogs owned, kept or
harbored by each of said persons together with a complete description
of each of the unlicensed dogs.
[Ord. No. 264 §§ 15–18; Ord. No. 273 § 1; Ord. No. 314 §1; Ord. No.
07-34; amended 6-24-2019 by Ord. No. 2019-17]
The Township Committee shall submit a least one application for designation as the Municipal Humane Law Enforcement Officer pursuant to N.J.S.A. 4:22-14.2, who shall be responsible for animal welfare within the jurisdiction of the Township of Neptune and who shall enforce and abide by the provisions of Chapter 22 of Title 4 of the Revised Statutes, and 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 welfare and animal cruelty laws of the state and ordinances of Neptune Township.
a.
The Township Committee may designate a police officer who may serve
concurrently as the Municipal Humane Law Enforcement Officer, as long
as the police officer is able to effectively carry out the duties
and responsibilities required for each position held, and is qualified
as the Municipal Humane Law Enforcement Officer as set forth by state
statute. The Township Committee in using a full-time municipal police
officer as a Municipal Humane Law Enforcement Officer may authorize
the police officer to possess, carry and use a firearm while enforcing
the laws and ordinances enacted for the protection of animals, if
the police officer satisfies all of the conditions of N.J.S.A. 4:22-14.1
and 4:22-14.2.
a.
The Municipal Humane Law Enforcement Officer or Animal Control Officer
or contractor may take into custody and impound or cause to be taken
into custody and impounded and thereafter destroyed or disposed of
as provided in this subsection:
1.
Any dog for which the officer has reasonable cause to believe has
attacked a person and caused death or serious bodily injury as defined
by N.J.S.A. 2C:11-1(b);
2.
Any dog causing bodily injury as defined by N.J.S.A. 2C:11-1(a) to
a person enduring an unprovoked attack and possesses a serious threat
of harm to persons or domestic animals;
3.
Any dog engaged in dog fighting activities as described in N.J.S.A.
4:22-24 and 4:22-26;
4.
Any dog that has been trained, tormented, badgered, abated or encouraged
to engage in unprovoked attacks upon persons or domestic animals;
5.
Any dog off the premises of the owner or the person keeping or harboring
the dog which the official or his or her agents have reason to believe
is a stray dog;
6.
Any dog off the premises of the owner or the person keeping or harboring
the dog without a current registration on his or her collar; and
7.
Any female dog in season off the premises of the owner or the person
keeping or harboring the dog.
b.
If any dog so seized wears a collar or harness having inscribed therein
or attached thereto the name and address of any person or registration
tag or the owner or the person keeping or harboring the dog is known
whose address is given on the collar or of the owner or the person
or is keeping or harboring the dog, if known, a notice in writing
stating that the dog has been seized and will be liable to be disposed
of or destroyed if not claimed within seven days after the service
of notice.
c.
A notice under this subsection may be served either by delivering
it to the person to whom it is to be served or by leaving it at the
person's usual or last known place of abode, or at the address
given on the collar or by forwarding it by mail addressed to that
person at his or her usual or last known place of abode, or to the
address given on the collar.
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 or dogs which he or she may lawfully
seize and impound when the officer is in immediate pursuit of the
dog or dogs, except upon the premises of the owner of the dog if the
owner is present and forbids the same.
No person shall hinder, molest or interfere with anyone authorized
with the power to perform any duty under this chapter.
All enforcement action with regard to this § 5-2 for violations of said section brought by the Municipal Humane Law Enforcement Officer shall be in the Municipal Court of Neptune Township and all fines, penalties and monies collected shall be paid to the municipality in which the violation occurred pursuant to N.J.S.A. 4:22-55. Fines and penalties shall be in the amount to the extent allowed by statute.
[Ord. No. 264 § 19; Ord. No. 1142 § 2]
a.
No person owning or having care, custody or control of any dog shall
suffer or permit such dog to bark, whine, cry, howl, or otherwise
disturb the peace or quiet of the neighborhood or sleep of any person,
for any unreasonable length of time.
b.
The habitual barking, howling, whining or crying of a dog or dogs
in the Township is hereby declared to be a disturbing noise within
the meaning of N.J.S.A. 40:48-1, and a nuisance.
[Ord. No. 264 § 20; Ord. No. 1142 § 3; Ord. No. 1290 § 1]
a.
No person shall keep or harbor any dog in the Township except in
compliance with the provisions of this chapter.
b.
No persons owning, keeping or harboring any dog shall suffer or permit
it to run at large[1] upon a public street, in any public park, in any public
building, or on any private property where permission has not been
granted, or in any other public place within the Township.
c.
No person owning or having the care, custody or control of any dog
shall suffer or permit such dog to:
1.
Soil or defile or to commit any nuisance upon any sidewalk, street
or thoroughfare; in or upon any public park, playground or other public
place; or public property in or upon the property of persons other
than the owner or person having the care, custody or control of the
dog.
These restrictions shall not apply to that portion of the street
lying immediately adjacent to the curbline, which portion shall be
used to curb the dog.
2.
Soil or defile or do any injury or damage to any lawn, vegetable
garden, shrubbery, trees, flowers, driveway, ground or any property
of persons other than that of the owner or person having the care,
custody or control of such dog.
3.
Cause any injury to any person.
4.
Be or become a public nuisance or to create a condition hazardous
to safety and health.
d.
No person owning, harboring, keeping, walking or in charge of any
dog shall cause, suffer, permit or allow the dog to soil, defile,
defecate on or commit any nuisance on any common thoroughfare, street,
sidewalk, passageway, road by-pass, 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 private property. If any person shall permit such dog to soil,
defile, defecate on or commit any nuisance in the areas aforesaid,
he or she shall immediately remove and dispose of all feces and droppings
deposited by the dog, which removal shall be in a sanitary manner
by shovel, container, disposal bag or other sanitary means. In a multiple
dwelling complex, the tenant dog owner shall take his/her dog to only
the designated areas for walking of dogs or other animals which shall
be provided and maintained in a sanitary manner by the management
of the complex. On the dog owner's own property the dog owner
shall maintain the property in a sanitary manner in order to prevent
any noxious odors, attraction of vermin breeding, or any other public
health nuisance of neighbors.
1.
No blind person in charge of a guide dog shall be subject to the
provisions of paragraph d above.
[Ord. No. 264 § 21]
No person owning, keeping or harboring any dog shall suffer
or permit it to be upon the public streets or in any of the public
places of the Township unless the dog is accompanied by a person over
the age of twelve (12) years and is securely confined and controlled
by an adequate leash not more than six (6') feet long.
[Ord. No. 264 § 22]
No person owning, keeping or harboring any dog over the age
of two (2) months shall, during the months of July, August and September
in each year, permit it upon a public street or outside of the premises
occupied by the owner unless the dog wears a muzzle securely fastened
over its jaws in such a manner that it cannot bite.
The Township Committee may also designate any other times during
which dogs outside the premises shall be muzzled, such designation
to be by publication at least three (3) times in the newspaper in
which legal notices of the Township may be published, and after such
publication, no person owning, keeping or harboring a dog shall permit
it upon a public highway, public place or outside the premises occupied
by the owner, during the period designated, unless such dog wears
a muzzle securely fastened over its jaws in such a manner that it
cannot bite.
[Ord. No. 264 § 24; Ord. No. 07-34]
An Animal Control Officer, Contractor or Poundmaster shall seize
and impound a dog when said Officer or Contractor has reasonable cause
to believe that the dog:
a.
Attacked a person and caused death or serious bodily injury as defined
by N.J.S. 2C:11-1(b) to that person;
b.
Caused bodily injury as defined in N.J.S. 2C:11-1(a) to a person
during an unprovoked attack and poses a serious threat of harm to
persons or domestic animals;
c.
Engaged in dog fighting activities as described in R.S. 4:22-24 and
R.S. 4:22-26; or
d.
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks on persons or domestic animals.
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 Monmouth County Board of Health, the dog may be impounded
in a facility or other structure agreeable to the owner.
e.
The Animal Control Officer, Contractor or Poundmaster shall notify
the municipal court and the Monmouth County Board of Health immediately
that he or she has seized or impounded a dog pursuant to this Chapter
or that he or she has reasonable cause to believe that a dog has killed
another domestic animal or that a hearing is required. The Animal
Control Officer, Contractor or Poundmaster shall through a reasonable
effort attempt to determine the identity of the owner of any dog seized
and impounded. If its owner cannot be identified within seven (7)
days, the dog may be humanely destroyed. The Animal Control Officer
shall within three (3) working days of the determination of the identity
of the owner of the dog seized and impounded pursuant to this chapter,
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 (7) days, by certified mail or hand delivery,
a signed statement indicating whether he wishes a hearing to be conducted
or, if not, to relinquish ownership of the dog, in which case the
dog may be humanely destroyed. 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 (7) days of receipt, the dog may be
humanely destroyed.
f.
The Municipal Court shall declare the dog vicious if it finds by
clear and convincing evidence that the dog:
1.
Killed a person or caused serious bodily injury as defined by N.J.
S. 2C:11-1(b) to a person; or
2.
Has engaged in dog fighting activities as described by R.S. 4:22-26.
|
The dog shall not be declared vicious for inflicting death or
serious bodily injury as defined in N.J.S. 2C:11-1(b) upon a person
if the dog was provoked. The municipality shall bear the burden of
proof to demonstrate that the dog was not provoked. If the Municipal
Court declares the dog to be vicious, and no appeal is made of this
ruling pursuant to State statute, the dog shall be destroyed in a
humane and expeditious manner, except that no dog may be destroyed
during the pendency of any appeal.
|
g.
The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
h.
A dog shall not be declared potentially dangerous for:
1.
Causing bodily injury as defined in N.J.S. 2C:11-1 (a) to a person
if the dog was provoked; or
2.
Severely injuring or killing a domestic animal if the domestic animal
was the aggressor. For the purposes of paragraph h1 of this subsection,
the municipality shall bear the burden of proof to demonstrate that
the dog was not provoked.
i.
If the Municipal Court declares the dog to be potentially dangerous,
it shall issue an order and a schedule for compliance which, in part:
1.
Shall require the owner to comply with the following conditions:
(a)
To apply at his own expense, to the Municipal Clerk or other
official designated to license dogs for a special municipal potentially
dangerous dog license, municipal registration number, and red identification
tag issued pursuant to this subsection. 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 municipal potentially dangerous dog license, a municipal
registration number and a red identification tag;
(b)
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 fifty (50) feet of the enclosure required
pursuant to paragraph i1(c) of this subsection;
(c)
To immediately erect and maintain an enclosure for the potentially
dangerous dog on the property 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 (6') feet
in height separated by at least three (3') feet from the confined
area. The owner of the potentially dangerous dog shall securely lock
the enclosure to prevent the entry of the general public and to preclude
any release or escape of the 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 (3') feet from the owner and
under the direct supervision of the owner;
(d)
May 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's policy, shall
contain a provision requiring the municipality in which the owner
resides 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.
j.
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 municipality in which the dog is impounded for the
cost and expense of impounding and destroying the dog. The cost shall
be established by ordinance, if a municipal pound exists or actual
cost if handled by an outside contractor. The owner shall incur the
expense of impounding the dog in a facility other than a municipal
pound regardless of whether the dog is ultimately found to be vicious
or potentially dangerous. If the dog has bitten or exposed a person
within ten (10) days previous to the time of euthanasia, its head
shall be transported to the Monmouth County Health Department Laboratory
for rabies testing. 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 subsequent actions of the dog.
k.
The owner of a dog held to be a potentially dangerous dog shall:
1.
Comply with the provisions of this subsection and N.J.S.A. 4:19-17
et seq. In accordance with the schedule established by the municipal
court, but in no case more than sixty (60) days subsequent to the
date of determination;
2.
Notify the licensing authority or local law enforcement agency, and
the Animal Control Officer within twenty-four (24) hours of the death,
sale or donation of a potentially dangerous dog;
3.
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
4.
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the department and the licensing authority, law
enforcement agency of the municipality and Animal Control Officer
of the municipality of the transfer of the ownership and the name,
address and telephone number of the new owner; and
5.
In addition to any license fee required, pay a potentially dangerous
dog license fee to the municipality as provided by ordinance.
l.
Neptune Township shall issue a potentially dangerous dog registration
number and red identification tag along with a municipal potentially
dangerous dog license upon a demonstration of sufficient evidence
by the owner to the Animal Control Officer, Contractor or Poundmaster
that he has complied with the court's orders. The last three
(3) digits of each potentially dangerous dog registration number issued
by Neptune Township will be the three (3) number code assigned to
that municipality in the regulations promulgated pursuant to State
statute. The Animal Control Officer, Contractor or Poundmaster shall
verify, in writing, compliance to the Municipal Clerk or official
designated to license dogs in the municipality. The Township shall
also publicize the telephone number for reporting violations to this
Act. The telephone number shall be forwarded to the Monmouth County
Health Department and any changes in this number shall be reported
immediately to the Monmouth County Health Department. Neptune Township
shall charge annually for a potentially dangerous dog license and
each renewal thereof the sum of two hundred fifty ($250.00) dollars.
m.
Notwithstanding any provision in this subsection the municipality
and owner of the dog may settle and dispose this matter at any time
in such manner and according to such terms and conditions as may be
mutually agreed. Neither the municipality nor its employees shall
be liable by virtue of any such settlement or any action or inaction
related to the settlement. The municipality may, as a condition of
settlement require the owner of the dog to hold the municipality harmless
for any legal expenses or fees the owner incurred in defending any
such action.
[Ord. No. 264 § 26; Ord. No. 1552; Ord. No.
07-34]
a.
Any person who violates or refuses to comply with any part of any
of the following subsections, namely 5-1.2, 5-1.3, 5-1.5, 5-1.7, 5-1.8
or 5-2.4 of this chapter, or with the rules and regulations promulgated
by the State Department of Health governing the sanitary conduct and
operation of kennels, pet shops, shelters and pounds, to preserve
sanitation therein and prevent the spread of rabies and other diseases
of dogs within and from such establishments, shall be liable to a
penalty of not less than fifty ($50.00) dollars nor more than one
hundred ($100.00) dollars for each offense, to be recovered by and
in the name of the Township. A person who refuses or neglects to pay
forthwith the amount of a judgment rendered against him/her and the
costs and charges incident thereto shall be committed by the Court
to the County Jail for a period not exceeding ten (10) days in the
case of a first conviction, and in the case of a conviction for a
second, subsequent or continuing violation, for a period not exceeding
thirty (30) days.
b.
The owner of a dog who is found in violation of Section 5-3 of this chapter or fails to comply with a court order shall, upon conviction, be subject to a fine not exceeding one thousand ($1,000.00) dollars 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 Section 5-3. The Animal Control Officer or Poundmaster is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with Section 5-3 or the Court's order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.
[Ord. No. 1545 § 1]
As used in this section:
Shall mean any member of the feline species, male or female.
Shall mean any certificate issued by a veterinarian intended
as proof of rabies vaccination, or a receipt for payment to a veterinarian
for a rabies vaccination. In either event, the certificate of vaccination
shall include the name of the veterinarian administering the vaccination,
the name of the owner, the name of the animal and the date of vaccination.
Shall mean and include the person or persons owning, controlling,
keeping or harboring a cat.
Shall mean any individual licensed as a veterinarian pursuant
to the laws and regulations of the State of New Jersey.
[Ord. No. 1545 § 2]
All cats over the age of six (6) months must receive a rabies
vaccination. The vaccination used must be of a type approved by the
United States Government agency responsible for approving rabies vaccinations.
If the animal receiving the vaccination is under one (1) year of age
the vaccination is only good for a period of one (1) year. If the
animal is over one (1) year of age the vaccination is good for three
(3) years or thirty-six (36) months. Every owner shall retain a copy
of the certificate of vaccination.
[Ord. No. 1545 § 3]
Rabies vaccination certificates, issued by a veterinarian at
the time of vaccination, shall be carefully preserved by the owner
or custodian of a cat and shall be exhibited promptly upon request
for inspection by a Police Officer or other person duly authorized
by law to enforce this section.
[Ord. No. 1545 § 4]
a.
Reporting. Anyone having knowledge that any cat in the municipality
has bitten a person shall report within twenty-four (24) hours, so
far as is known, the name and address of the owner and the circumstances
of the animal. Such report concerning bites shall be made to the Board
of Health.
b.
Control. Whenever a cat has bitten a person, it shall be confined
in such place as the Board of Health may direct and for such period
of observation as may be necessary.
[Ord. No. 1545 § 5; Ord. No. 1560 § 1]
Tags will be available for purchase for a fee of one ($1.00)
dollar at the Municipal Complex upon presentation of a valid vaccination
certificate.
[Ord. No. 1545 § 6]
The following cats are exempt from all provisions of this section:
a.
Any cat which has not attained the age of six (6) months;
b.
Any cat which has been exempted by the Department of Health after
presentation of a veterinarian's certificate stating that because
of infirmity or other physical condition that the vaccination of such
cat shall be deemed inadvisable; or
c.
Cats in veterinary hospitals, kennels, pet shops, pounds or shelters,
cats in transit or cats brought into the Township temporarily for
the purpose of showing in cat shows or exhibitions.
[Ord. No. 1545 § 7]
a.
Before issuing a citation for violation of this section any Police
Officer of the Township or other person duly authorized by law to
enforce this section may give an oral warning or issue a written warning
ticket. If the owner or owners receiving the oral warning tickets
do not discontinue the violation within five (5) days, a citation
for ordinance violation shall be issued to the violator.
b.
This subsection shall not be construed so as to require an oral warning
or the issuance of a written warning ticket before a citation for
ordinance violation may be issued. If it appears necessary to make
an arrest to preserve the public's peace or safety, a Police
Officer may make an arrest for violation of this section with or without
issuing a previous oral warning or warning ticket.
[Ord. No. 1545 § 8]
Each and every day a cat shall remain unvaccinated or fail to
produce a vaccination certificate after the issuance of the first
citation for ordinance violation, shall be treated as a separate and
distinct violation and shall be punishable as a separate and distinct
violation. A separate citation for ordinance violation shall be issued
each day the violation continues.
[Ord. No. 1545 § 9]
Any owner who is convicted of violating any provisions of this
section shall, upon conviction, pay a fine of not less than twenty-five
($25.00) dollars nor more than five hundred ($500.00) dollars for
each offense and may be imprisoned in the County jail for a term not
exceeding thirty (30) days, or both. If within five (5) days of being
issued a citation for violation of this section the owner produces
proof that the cat was vaccinated at the time of the issuance of the
citation or has since been vaccinated, the Judge may dismiss the complaint.
