[1971 Code § 7-1; Ord. No. 2005-93 § 1]
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning stated herein unless
their use in the text of this chapter clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
Shall mean any member of the species generally referred to
as canis familiaris.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
Shall mean each portion of a multiple dwelling occupied for
living or dwelling purposes by a family, individual, individuals or
group living together as a single housekeeping unit.
Shall mean that the pet solid waste is removed at once, without
delay.
Shall mean any establishment or place wherein or whereon
the raising, training, boarding, breeding, for hire or sale, of dogs,
cats, birds, rodents, reptiles, or other small animals, fish or fowl,
occurs, or the sale thereof, or where more than five dogs over the
age of seven months or which have their permanent teeth, are kept.
Shall mean any building containing dwelling units for two
or more families, individuals or groups living together as a single
housekeeping unit and shall include horizontally or vertically attached
dwelling units notwithstanding that they may be under different ownership.
Shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
See Kennel.
Shall mean waste matter expelled from the bowels of the pet;
excrement.
Shall mean an establishment for the confinement of dogs seized
either under the provisions of this chapter or otherwise.
Shall mean placement in a designated waste receptacle, or
other suitable container, and discarded in a refuse container which
is regularly emptied by the municipality or some other refuse collector;
or disposal into a system designed to convey domestic sewage for proper
treatment and disposal.
Shall mean any establishment where dogs are received, housed
and distributed without charge.
Shall mean any dog which has been declared to be dangerous
to the public by a Judge of the Municipal Court pursuant to the provisions
of this chapter because the dog has attacked, attempted to attack
or has bitten a human being, or because he habitually attacks other
dogs or domestic animals. A dog shall not be declared vicious if the
Judge of the Municipal Court determines that there was justifiable
cause for the attack, attempted attack or bite or that the dog constitutes
no danger to the public.
[1971 Code § 7-2.1]
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 the first day of January of any calendar year.
b.
Any dog acquired by any person during the course of the 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.
[1971 Code § 7-2.2]
Each applicant 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 such dog is of a
long- or short-haired variety.
b.
Name, street and post office address of the owner of, and the person
who shall keep or harbor, such dog.
c.
Number of other dogs owned or kept on premises and registration number
of licensing age.
d.
Evidence of inoculation of dog with rabies vaccine pursuant to provisions
of N.J.S.A. 4:19-15.1a.
|
Registration numbers shall be issued in the order in which applications
are received.
|
[1971 Code § 7-2.3]
Applications for licenses for dogs which are required to be licensed by the provisions of subsection 5-2.1a, shall be made before the first day of February of each calendar year. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog in question becomes subject to the provisions of this section.
[1971 Code § 7-2.4]
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.
[1971 Code § 7-2.5; Ord. No. 2009-35 § 1]
The fee for a dog license and registration tag shall be as follows:
|
Spayed/ Neutered
|
Non-Spayed/Non-Neutered
| |
|---|---|---|
|
License fee
|
$11.80
|
$11.80
|
|
N.J. Registration
|
$1.00
|
$1.00
|
|
N.J. Pilot Clinic Fund
|
$0.20
|
$0.20
|
|
N.J. Pet Population Control
|
N/A
|
$3.00
|
|
Total:
|
$13.00
|
$16.00
|
All applications filed after March 1 shall be subject to a late
fee of $5 in addition to the fees set forth above.
[1971 Code § 7-2.6]
Each dog license and registration tag shall expire on the last
day of January of the calendar year following the calendar year in
which it was issued.
[1971 Code § 7-2.7]
The provisions of this section shall not apply to any dog licensed under Section 5-3 of this chapter. Dogs used as guides for blind persons and commonly known as "seeing eye dogs" shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.
[1971 Code § 7-3.1]
Any person who keeps or operates, or proposes to establish a
kennel, pet shop, shelter or pound, shall apply to the Township Clerk
for a license entitling him to keep or operate such establishments;
such licenses shall not be transferable to another owner or different
premises. Prior to issuance of the license, the applicant shall obtain
a written confirmation from the Zoning Officer that the use is permitted
in the particular zone where the establishment is located.
[1971 Code § 7-3.2]
The application shall contain the following information:
a.
The name and permanent and local address of the applicant.
b.
The street address where the establishment is located, or proposed
to be located, together with a general description of the premises.
c.
The purposes for which it is to be maintained.
d.
The maximum number of dogs to be accommodated by such establishment
at any one time.
e.
The number of employees or volunteers who work on the premises on
a daily basis.
[1971 Code § 7-3.3]
No license shall be issued until the proposed licensee submits
a written statement from the Health Officer of the Board of Health
that the establishment or proposed establishment complies with local
and state rules governing the location of the sanitation at such establishment.
[1971 Code § 7-3.4]
All 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 the last day of January of each
year.
[1971 Code § 7-3.5]
The annual license fees for kennels, pet shops, shelters or
pounds shall be as follows:
[1971 Code § 7-3.6]
All licenses issued for a kennel, pet shop, shelter or pound
shall be subject to revocation by the Township Committee on recommendation
of the State Department of Health or the Board of Health for failure
to comply with the rules and regulations of the State Department of
Health or the Board of Health, after the owner has been afforded a
hearing by either the State Department of Health or the Board of Health.
Any person holding a license to establish, keep or operate a
kennel, pet shop, shelter or pound shall comply with all Township
ordinances and the rules and regulations promulgated by the State
Department of Health governing the sanitary conduct and operation
of kennels, pet shops, shelters and pounds, the preservation of sanitation
therein, and the prevention of the spread of rabies and other diseases
of dogs within and from such establishments.
[1971 Code § 7-3.7]
The Township Clerk shall forward to the State Department of
Health a list of kennels, pet shops, shelters and pounds licensed
within 30 days after the licenses therefor are issued, which list
shall include the name and address of the licensee and the type of
license issued.
[1971 Code § 7-3.8]
No dog kept in a kennel, pet shop, shelter or pound shall be
permitted off such premises, except on a leash or in a crate or other
safe control.
[1971 Code § 7-4]
License fees and other monies collected or received under the
provisions of this chapter, except the registration tag fees, shall
be forwarded to the Township Treasurer (30) days after collection
or receipt, and shall be placed in a special account separate from
any of the other accounts of the Township this account shall be used
for the following purposes only: housing and disposing of dogs seized
under this chapter; local prevention and control of rabies; providing
anti-rabies treatment under the direction of the local Board of Health
for any person known or suspected to have been exposed to rabies;
all other purposes prescribed by the Statutes of New Jersey governing
the subject and for administering the provisions of this chapter.
Any balance remaining in such 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 section. At the end of the third
fiscal year following, and at the end of each fiscal year thereafter,
there shall be transferred from such special account to the general
funds of the Township any amount then in such account which is in
excess of the total amount paid into the special account during the
last two fiscal years next preceding.
The registration tag fee of $1.00 for each dog shall be forwarded
within 30 days after collection by the Township Clerk to the State
Department of Health.
[1971 Code § 7-5]
Any person appointed by the Township Committee shall annually
cause a canvass to be made of all dogs owned, kept or harbored within
the Township and shall report to the Township Clerk, the Board of
Health and to the State Department of Health the results 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 person, together with the registration number
of each dog; the number of unlicensed dogs owned, kept or harbored
by each person, together with a complete description of each unlicensed
dog.
[Ord. No. 97-55]
As used in this section:
Shall mean a Certified Municipal Animal Control Officer as
defined in N.J.S.A. 4:19-15.1.
Shall mean the Department of Health.
Shall mean any dog or dog hybrid.
Shall mean any cat, dog or livestock other than poultry.
Shall mean any dog or dog hybrid declared potentially dangerous
by a Municipal Court pursuant to N.J.S.A. 4:19-23.
[Ord. No. 97-55]
a.
The Animal Control Officer shall seize and impound a dog when the
Officer has reasonable cause to believe that the dog:
1.
Attacked a person and caused death or serious bodily injury as defined
in N.J.S.A. 2C:11-1(b) to that person;
2.
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person
during an unprovoked attack and poses a serious threat of harm to
persons or domestic animals;
3.
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24
and N.J.S.A. 4:22-26; or
4.
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals, or the likeness
of persons or domestic animals.
b.
The dog shall be impounded until the final disposition as to whether
the dog is vicious or potentially dangerous. Subject to the approval
of the Municipal Health Officer, the dog may be impounded in a facility
or other structure agreeable to the owner.
[Ord. No. 97-55]
a.
The Animal Control Officer shall notify the Municipal Court and the
Municipal Health Officer immediately that he has seized and impounded
a dog pursuant to N.J.S.A. 4:19-19, or that he has reasonable cause
to believe that a dog has killed another domestic animal and that
a hearing is required. The Animal Control Officer shall, through a
reasonable effort, attempt to determine the identity of the owner
of any dog seized and impounded pursuant to N.J.S.A. 4:19-19. If its
owner cannot be identified within seven days, the dog may be humanely
destroyed.
b.
The Animal Control Officer shall, within three working days of the
determination of the identity of the owner of a dog seized and impounded
pursuant to N.J.S.A. 4:19-19, notify by certified mail, return receipt
requested, the owner concerning the seizure and impoundment, and that,
if the owner so requests, a hearing will be held to determine whether
the impounded dog is vicious or potentially dangerous. This notice
shall also require that within seven days the owner return, by certified
mail or hand delivery, a signed statement indicating whether the owner
requests the 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 days of
receipt, the dog may be humanely destroyed.
[Ord. No. 97-55]
Notwithstanding any provision in N.J.S.A. 4:19-17 et seq. to
the contrary, the Township and the owner of the dog may settle and
dispose of the matter at any time in such manner and according to
such terms and conditions as may be mutually agreed upon. Notwithstanding
any provision of N.J.S.A. 4:19-19 to the contrary, neither the Township
nor any of its employees shall be liable by virtue of having entered
into any settlement agreement pursuant to this action, or for any
action or inaction related to the entry into such agreement, for any
injuries or damages caused thereafter by the dog. The Township may,
as a condition of the settlement agreement, also require that the
owner of the dog hold the Township harmless for any legal expenses
or fees the Township may incur in defending against any cause of action
brought against the Township notwithstanding the prohibition against
such causes of action set forth in this section.
[Ord. No. 97-55]
a.
The Municipal Court shall declare the dog vicious if it finds by
clear and convincing evidence that the dog:
b.
A dog shall not be declared vicious for inflicting death or serious
bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the
dog was provoked. The Township shall bear the burden of proof to demonstrate
that the dog was not provoked.
c.
If the Municipal Court declares a dog to be vicious, and no appeal
is made of this ruling pursuant to N.J.S.A. 4:19-25, the dog shall
be destroyed in a humane and expeditious manner, except that no dog
may be destroyed during the pendency of an appeal.
[Ord. No. 97-55]
a.
The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
1.
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person
during an unprovoked attack, and poses a serious threat of bodily
injury or death to a person; or
3.
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals, or the likeness
of persons or domestic animals.
b.
A dog shall not be declared potentially dangerous for:
[Ord. No. 97-55]
If the Municipal Court declares the dog to be potentially dangerous,
it shall issue an order and a schedule for compliance which, in part:
a.
Shall require the owner to comply with the following conditions:
1.
To apply, at his own expense, to the Township Clerk or other official designated to license dogs pursuant to N.J.S.A. 4:19-15.2, for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to subsection 5-6.13 of this section. 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, municipal registration number and red identification tag.
2.
To display, in a conspicuous manner, a sign on his premises warning
that a potentially dangerous dog is on the premises. The sign shall
be visible and legible from 50 feet of the enclosure required pursuant
to paragraph a3 herein.
3.
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 sides, top and bottom to prevent
the potentially dangerous dog from escaping by climbing, jumping or
digging and within a fence of at least six feet in height separated
by at least three feet from the confined area. The owner of a potentially
dangerous dog shall securely lock the enclosure to prevent the entry
of the general public and to preclude any release or escape of a potentially
dangerous dog by any unsuspecting 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 having a minimum tensile strength sufficiently in
excess of that required to restrict the potentially dangerous dog's
movements to a radius of no more than three feet from the owner and
under the direct supervision of the owner.
b.
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 policy, shall contain a provision
requiring the Township of Lakewood to be named as an additional insured
for the sole purpose of being notified by the insurance company of
any cancellation, termination or expiration of the liability insurance
policy.
[Ord. No. 97-55]
The owner of the dog or the Animal Control Officer, may appeal
any final decision, order or judgment, including any conditions attached
thereto, of the Municipal Court pursuant to N.J.S.A. 4:19-17 et seq.,
by filing an appeal with the Superior Court, Law Division, in accordance
with the Rules Governing the Courts of the State of New Jersey pertaining
to appeals from courts of limited jurisdiction. The Superior Court
shall hear the appeal by conducting a hearing de novo in the manner
established by those rules for appeals from courts of limited jurisdiction.
[Ord. No. 97-55]
a.
If a dog is declared vicious or potentially dangerous and all appeals
pertaining thereto have been exhausted, the owner of the dog shall
be liable to the Township for the costs and expenses of impounding
and destroying the dog. The owner shall incur the expense of impounding
the dog in a facility other than the municipal depository, regardless
of whether the dog is ultimately found to be vicious or potentially
dangerous.
b.
If the dog has bitten or exposed a person within 10 days previous
to the time of euthanasia, its head shall be transported to the New
Jersey State Department of Health laboratory for rabies testing.
[Ord. No. 97-55]
If the Municipal Court finds that the dog is not vicious or
potentially dangerous, the Municipal Court shall retain jurisdiction
to convene a hearing to determine whether the dog is vicious or potentially
dangerous for any subsequent actions of the dog.
[Ord. No. 97-55]
The owner of a potentially dangerous dog shall:
a.
Comply with the provisions of N.J.S.A 4:19-17, et seq. in accordance
with a schedule established by the Municipal Court, but in no case
more than 60 days subsequent to the date of determination.
b.
Notify the Licensing Authority, the Police Department and the Animal
Control Officer if a potentially dangerous dog is at large or has
attacked a human being or killed a domestic animal.
c.
Notify the Licensing Authority, the Police Department and the Animal
Control Officer within 24 hours of the death, sale or donation of
a potentially dangerous dog.
d.
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous.
e.
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the Licensing Authority, Police Department and
Animal Control Officer of that municipality of the transfer of ownership
and the name, address and telephone of new owner.
f.
In addition to any license fee required pursuant to N.J.S.A. 4:19-15.3,
pay a potentially dangerous dog license fee to the Township as provided
by N.J.S.A. 4:19-31.
[Ord. No. 97-55]
The owner of a potentially dangerous dog, who is found to have
violated this section or any rule or regulation adopted pursuant thereto,
or to have failed to comply with a Court's order shall be subject
to a fine of not more than $1,000 per day of the violation, and each
day's continuance of the violation shall constitute a separate and
distinct violation. The Municipal Court shall have jurisdiction to
enforce this section. The Animal Control Officer is authorized to
seize and impound any potentially dangerous dog whose owner fails
to comply with the provisions of N.J.S.A. 4:19-17, et seq., or any
rule or regulation adopted pursuant thereto, or a 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. 97-55]
The Township shall:
a.
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 that he has complied with the Court's orders. The
last three digits of each potentially dangerous dog registration number
issued by the Township will be a three number code assigned to the
Township in the regulations promulgated pursuant to N.J.S.A. 4:19-33.
The Animal Control Officer shall verify, in writing, compliance to
the Township Clerk.
b.
Publicize a telephone number for reporting violations of this section.
This telephone number shall be forwarded to the Township Clerk and
any changes in this number shall be reported immediately to the Township
Clerk.
[Ord. No. 97-55]
Each person who shall own, possess, keep or harbor any potentially
dangerous dog or dogs shall obtain an annual license for each dog
and shall have the same registered and numbered with the Township
Clerk, and for such license shall pay the sum of $700, as provided
in N.J.S.A. 4:19-31, as a license fee for each and every potentially
dangerous dog. Said license fee shall be in lieu of any other license
fee required pursuant to the Revised General Ordinances of the Township
of Lakewood.
[Ord. No. 97-55]
The Animal Control Officer shall inspect the enclosure and the
owner's property at least monthly to determine continuing compliance
with this section.
[Ord. No. 97-55]
All fines and fees collected or received by the Township pursuant
to this section shall be deposited in a special account and used by
the Township to administer and enforce the provisions of this section.
[Ord. No. 97-55]
The provisions of this section shall not apply to dogs used,
or being trained to be used, for legitimate public sector law enforcement
activities.
[1971 Code § 7-7.1]
The Animal Control Officer shall take into custody and impound,
or cause to be taken into custody and impounded, any of the following
dogs:
a.
Any dog running at large in violation of the provisions of this chapter.
b.
Any dog off the premises of the owner of or the person keeping or
harboring such dog which the Animal Control Officer or his agent has
reason to believe is a stray dog.
c.
Any dog off the premises of the owner of or the person keeping or
harboring such dog without a current registration tag on its collar.
d.
Any female dog in season off the premises of the owner thereof or
the person keeping or harboring such dog.
[1971 Code § 7-7.2]
Any officer or agent authorized or empowered to perform any
duty under this chapter is hereby authorized to go upon any premises
to seize for impounding any dog which he may lawfully seize and impound
when such officer is in immediate pursuit of such dog, except upon
the premises of the owner of the dog if the owner is present and forbids
same.
[1971 Code § 7-7.3]
If any dog so impounded or seized wears a registration tag,
collar or harness having inscribed thereon or attached thereto the
name and address of any person or the owner of, or the person keeping
or harboring the dog is known, the Animal Control Officer shall immediately
serve on the person whose address is given on the collar, or on the
person owning, keeping or harboring the dog, 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 service of the
notice.
A notice under this subsection may be served either by delivering
it to the person on whom it is to be served, or by leaving it at a
person's usual or last known place of abode, or at the address given
on the collar, or by forwarding it by certified and regular mail in
a prepaid letter addressed to that person at his usual or last known
place of abode, or to the address given on the collar.
[1971 Code § 7-7.4]
The Animal Control Officer is authorized and empowered to cause
the destruction of any unclaimed dog, in as humane a manner as possible,
under any of the following circumstances:
a.
When any dog so seized has not been claimed by the person owning,
keeping or harboring such dog within seven days after notice or within
seven days of the dog's detention when notice has not been or cannot
be given, as set forth in the previous subsection.
b.
If the person owning, keeping or harboring any dog so seized has not claimed the dog and has not paid all expenses incurred by reason of its detention, including maintenance, computed pursuant to Title 4 of the New Jersey Statutes, after receiving written notice of charges by the Animal Control Officer. The notice shall be set forth in subsection 5-7.3 above.
[1971 Code § 7-8]
No person shall own, keep or harbor a dog in the Township except
in compliance with the provisions of this chapter and the following
regulations.
[1971 Code § 7-8.1]
All dogs which are required by the provisions of this chapter
to be licensed shall wear a collar or harness with the registration
tag for such dog securely fastened thereto.
[1971 Code § 7-8.2]
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.
[1971 Code § 7-8.3]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[1971 Code § 7-8.4; amended 5-12-2022 by Ord. No. 2022-17]
No person shall own, harbor, maintain or keep on any premises
within the Township of Lakewood any dog or animal causing a nuisance
and disturbing the peace and quiet of the neighborhood in which it
is kept, whether said nuisance or disturbance of the peace is caused
by excessive, loud or continuous barking, crying or loud and continuous
making of any similar sounds between the hours of 8:00 p.m. and 8:00
a.m.
[1971 Code § 7-8.5]
a.
No person owning, keeping or harboring any dog shall permit the dog
to run at large or menace a neighborhood by running without controls
upon the public streets or any public park or any public building
or any other public place within the Township
[Amended 5-12-2022 by Ord. No. 2022-17]
b.
No person owning, keeping or harboring any dog shall permit it to
run at large upon any private property of third persons without the
consent of said third persons.
c.
Any dog found running at large pursuant to the terms of paragraphs
a and b hereinabove shall be deemed to be doing so with the permission
of the owner, keeper or harborer and such person shall be deemed to
be in violation of this subsection, for which either a summons or
warrant may be issued.
[1971 Code § 7-8.6]
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 such dog is accompanied by a person
over the age nine years and is securely confined and controlled by
an adequate leash not more than six feet long.
[1971 Code § 7-8.7; Ord. No. 2005-93 § 2]
a.
Purpose. The purpose of this subsection is to establish requirements
for the proper disposal of pet solid waste in the Township of Lakewood
so as to protect the health, safety and welfare of all those residing
within the Township. It is further the purpose of this section to
prescribe penalties for failure to comply.
b.
No person owning, harboring, keeping or in charge of any dog shall
cause or allow such dog to soil, defile, defecate on, or commit any
nuisance on any common thoroughfare, sidewalk, passageway, by-path,
play area, park, or any place where people congregate or walk, or
upon any private property, without the permission of the owner of
the property.
c.
Any person owning, harboring, keeping or in charge of any dog which
soils, defiles, defecates on, or commits any nuisance on any common
thoroughfare, sidewalk, passageway, by-path, play area, park, or any
place where people congregate or walk, or upon any public property
whatsoever, or upon any private property not owned or possessed by
that person, shall immediately remove all feces deposited by the dog
in a sanitary manner.
d.
The feces removed from the aforementioned designated areas shall
be disposed of by the person owning, harboring, keeping or in charge
of the dog by the use of a leak-proof container, sealed, nonabsorbent
disposal bag, or in any other sanitary manner approved by the Department
of Health.
e.
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while such
animal is being used for that purpose.
f.
No dog owner shall suffer or permit his dog to annoy neighbors and
other persons living within the immediate vicinity in the Township
by interfering with the enjoyment of their property, interfering with
their sleep or rest or otherwise annoying them in the enjoyment of
their property in a substantial manner, by barking and howling.
g.
No dog owner shall suffer or permit his dog to trespass upon the
property of other persons in the Township nor suffer or permit his
dog to damage shrubbery, flowers, gardens or to soil or defile any
other property of any kind or character belonging to the Township,
any neighbor or other person in the Township of Lakewood.
h.
Enforcement. The provisions of this subsection shall be enforced
by the Animal Control Officer, Animal Warden, Police Officer or other
person whose duty it shall be to enforce the provisions of this chapter.
i.
Violations and Penalty. Any person(s) who is found to be in violation
of the provisions of this subsection shall be subject to a fine not
to exceed $500 for each and every violation.
[1971 Code § 7-9]
Where it has been determined by a physician that a person has
been bitten by a dog, such individual, or his parent or guardian if
he is a minor, shall immediately notify the Board of Health. When
the owner or keeper of a dog shall be notified by the police that
the dog has bitten any individual, the owner or keeper of the dog
must comply with the following procedures:
a.
Have
the dog examined by a licensed veterinarian within 12 hours.
b.
Have
the dog kept in quarantine in the owner's home or at a kennel for
a period of 10 days.
c.
At
the end of 10 days have the dog reexamined by a veterinarian and a
written report of the dog's state of health sent to the Board of Health.
[1971 Code § 7-10]
The Township Committee may, by proclamation, require all dogs
and cats to be quarantined during such period in each year as may
seem advisable to the Township Committee.
[1971 Code § 7-11]
No more than three dogs shall be allowed in any dwelling unit
of a multiple dwelling.
[1971 Code § 7-12; New; Ord. No.
2008-38 § 1]
Any person who shall violate any provision of this chapter,
unless otherwise provided for, shall, upon conviction thereof, be
liable to a fine as follows:
[1971 Code § 7-13]
The Township Committee shall have the power to appoint a Dog
Warden or other person or Police Officer whose duty it shall be to
enforce the provisions of this chapter. The official appointed to
enforce this chapter shall, in all instances of violations of any
section of this chapter except a violation of the rules and regulations
of the State Department of Health covering kennels, pet shops, shelters
and pounds, file a complaint in the Municipal Court for such violations
and may issue either a summons or warrant. The warrant may be issued
without any order of the Court first being obtained against the person
so charged. The process, if in the nature of a warrant, shall be returnable
in not less than five nor more than 15 days. The process shall particularly
set forth the section of this chapter or rule or rules alleged to
have been violated by the defendant. The Judge of the Municipal Court
may at any time amend all defects and errors in the complaint process.
[1971 Code § 7-13.1]
In any proceeding before the Judge of the Municipal Court then
find that the dog in question has committed the prohibited act as
set forth herein, then there shall be a presumption that the defendant
owner, possessor or harborer has suffered or permitted the dog to
commit the prohibited acts alleged in the complaint and it shall not
be necessary that the complainant prove the defendant's knowledge,
or intention or scienter; provided, however, that in such case, it
shall appear in such proceeding that if complainant had on at least
one other previous occasion lodged a complaint with the Police Department
charging the same defendant with the same offense and that the defendant
had notice of such previous complaints.
[1971 Code § 4-9.1]
No person shall permit any horse, cattle, swine, sheep, goat
or other animal to run at large within the Township.
[1971 Code § 4-9.2]
Any horse, mule, cattle, swine, sheep, goat or other animal
found running at large may be taken by any person to a public pound.
It shall be the duty of the Poundkeeper to receive and confine the
animal until it is either lawfully redeemed or sold.
[1971 Code § 4-9.3; New]
If the owner of any animal impounded applies to the Poundkeeper
for its redemption and pays the required fees pursuant to Title 4
of the New Jersey Statutes for each animal impounded, the animal shall
be delivered to its owner. Any impounded animal not redeemed by its
owner within seven days after impounding shall be sold by the Poundkeeper
in the same manner and subject to the provisions as to notice and
disposition of the proceeds of the sale, as provided by law.
[1971 Code § 4-9.4]
This section shall not apply to dogs.
