[1978 Code § 8-201]
As used in this Chapter:
DOG – Shall mean any dog, male or female, including any puppy, neutered bitch, or neutered male dog.
DOG OF LICENSING AGE – Shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
OWNER – when applied to the proprietorship of a dog, shall mean and include every person having of property in such dog and every person who has such dog in his keeping.
PERSON – Shall mean an individual, firm, partnership, corporation or association of persons.
RUN AT LARGE – Shall mean and include the presence of any dog upon any private property where permission for the dog has not been granted or upon any public street, in any public building, or in any other public place within the Township unattended and not under the immediate control of some responsible person able to control the dog.
TOWNSHIP – Shall mean Township of Hope, in the County of Warren.
[1978 Code § 8-202; Ord. #06-09]
Any person who shall own, keep or harbor a dog of licensing age shall in the month of January annually apply for and procure from the Township Dog License 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.
Only one license and registration tag shall be required in any licensing year for any dog and a valid license and registration tag issued by any other municipality in New Jersey shall be accepted as evidence of compliance with this subsection.
Control of Dogs.
The following shall be the limitation on keeping, harboring and maintaining dogs at any one time within the limits of the Township of Hope:
Apartment with five or less rooms: one dog.
Residential dwelling with less than five acres: three dogs.
Residential dwelling on five acres or more: five dogs.
A residential dwelling with six or more dogs constitutes a kennel and shall comply with Section 5-2 "Kennels, Pet Shops, Shelters or Pounds".
Any dog owner exceeding the maximum number of dogs specified in this section on the effective date of this paragraph a may assume their right to own and annually license the dog. The provisions of this section will apply for a new dog(s).
[1978 Code § 8-203]
The person applying for the license and registration tag shall provide a valid certificate that the dog has been inoculated with an approved rabies vaccine by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same or that the dog has been certified exempt as provided by regulations of the State Department of Health.
[1978 Code § 8-204; New; Ord. #89-21; Ord. #90-02 § 1; Ord. #11-02]
The person applying for the license and registration tag shall annually pay the sum of $13 for the license fee of each dog which has not been neutered or spayed, or $10 for each dog which has been neutered or spayed, when the person presents a certificate signed by a licensed veterinarian stating that the dog has been sterilized. All licenses, registration tags, and renewals thereof shall expire on January 31 in each year, and such licenses and registration tags are not transferable from one dog to another. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs and dogs used to assist hearing impaired persons and commonly known as "Hearing Ear" dogs shall be licensed and registered as other dogs herein above provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
[1978 Code § 8-205]
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 10 days after such acquisition or age attainment.
[1978 Code § 8-206]
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. The application shall also state the name, street and post office address of the owner and the person who shall keep or harbor such dog. The information on the application and the registration number issued for the dog shall be preserved for a period of three years by the Township Dog License Clerk. In addition, the Township Dog License Clerk shall forward an accurate account of registration numbers issued or otherwise disposed of 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.
[1978 Code § 8-207]
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 90 days, shall immediately apply for a license and registration tag for each such dog unless such dog is licensed under N.J.S.A. 4:19-15.8.
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 10 days shall immediately apply for a license and registration tag for each such dog unless such dog is licensed under N.J.S.A. 4:19-15.8.
[1978 Code § 8-208]
Upon satisfactory proof to the Township Dog Licensing Clerk that a registration tag has been lost, worn or damaged beyond further use, the Dog Licensing Clerk shall issue a new registration tag to the same applicant upon receipt of a fee of one ($1.00) dollar.
[1978 Code § 8-209]
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.
[1978 Code § 8-210]
The Township Dog Control Officer shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township and shall report on or before May 1 of each year to the Township Dog Licensing Clerk, and to the Township 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 unlicensed dogs; the number of unlicensed dogs owned, kept or harbored by each of the persons; together with a complete description of each unlicensed dog.
During each yearly canvass, if a dog is found to be unlicensed in contravention of this section, a warning slip shall be issued immediately to the person owning, keeping or harboring the dog or dogs advising him that (a) there is a violation (b) the person has 10 days in which to obtain a license and registration tag for each dog (c) a late fee will be charged for the license and registration tag as provided in subsection 5-1.19 (d) failure to act within said 10 day period will result in a summons leading to a fine of $25 upon conviction.
[1978 Code § 8-211]
The Township Dog Control Officer shall 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:
Any dog off the premises of the owner or of the person keeping or harboring the dog which the Dog Control Officer or his agent has reason to believe is a stray dog.
Any dog off the premises of the owner or of the person keeping or harboring the dog without a current registration tag on his collar;
Any female dog in season off the premises of the owner or of the person keeping or harboring the dog.
[1978 Code § 8-212]
Any officer or agent authorized or empowered to perform any duty under this section is hereby authorized to go upon any premises to seize for impounding any dog or dogs which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon premises of the owner of the dog if the owner is present and forbids the same.
[1978 Code § 8-213]
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this section.
[1978 Code § 8-214; Ord. #04-08; Ord. #06-09]
No person shall own, possess or harbor any pet animal or pet bird that frequently or for continued duration makes sounds that create a noise disturbance across a residential real property line. For the purpose of this section, a noise disturbance from a barking dog shall be defined as that created by a dog barking continually for 10 minutes or intermittently for 30 minutes.
[1978 Code § 8-215]
No person owning, keeping or harboring any dog shall suffer or permit it to run at large within the Township, provided however that this subsection shall not apply to hunting dogs while they are in the woods and fields of the Township and are under the direct dominion and control of a responsible person able to control the dog.
[1978 Code § 8-216]
No person owning, keeping or harboring any dog shall suffer or permit it to be upon any public street or in any public place or any public area of the Township unless the dog is accompanied by a person and is securely confined and controlled by an adequate leash not more than six (6') feet long.
[1978 Code § 8-217]
This section shall not apply to pounds maintained at the public expense, kennels maintained by nonprofit associations or to veterinarians to which dogs have been committed by public authorities.
[1978 Code § 8-218]
The Township Committee shall have the power to appoint a Dog License Clerk, and one or more Dog Control Officers, whose duty it shall be to enforce the provisions of this section.
[1978 Code § 8-220; Ord. #89-21: Ord. #99-09]
Any person who fails to obtain a license and registration tag in accordance with the provisions of subsections 5-1.2 through 5-1.7, shall pay an additional ten ($10.00) dollar late fee for the first month and $5 for every month of delinquency thereafter plus the required fees as provided in this section for their dog license and registration tag.
[1978 Code § 8-221; Ord. #90-14]
Any person failing to comply with or violating the provisions of subsections 5-1.2; 5-1.7; 5-1.13; 5-1.14; 5-1.15; 5-1.16 and 5-1.22, shall, upon conviction thereof, be liable for a penalty of not less than $25 nor more than $200 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 and the costs and charges incident thereto, shall be committed by the Court to the County Jail for a period not exceeding 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 30 days.
[Ord. #90-15; Ord. #97-08, §§ I—XI]
An Animal Control Officer shall seize and impound a dog when the Officer has reasonable cause to believe that the dog:
Attacked a person and caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person;
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;
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or
Has been trained, tormented, endangered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
The Animal Control Officer shall notify the Municipal Court and the Municipal Health Officer immediately that he has seized and impounded a dog, 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. If its owner cannot be identified within seven days, that dog may be humanely destroyed.
The Animal Control Officer shall within three working days of the determination of the identity of the owner of the dog seized and impounded, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing 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.
The Municipal Court shall declare the dog vicious if it finds by a preponderance of the evidence that the dog:
A 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 a dog to be vicious, and no appeal is made of this ruling the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
The Municipal Court shall declare a dog to be potentially dangerous if it finds that the dog:
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 bodily injury or death to a person; or
A dog shall not be declared potentially dangerous for:
If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:
Shall require the owner to comply with the following conditions:
To apply, at his own expense, to the Municipal Clerk for a special municipal potentially dangerous dog license, registration number, and red identification tag. The last three digits of such registration number will be the three number code assigned to Hope Township (556). 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, registration number, and red identification tag;
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 fifty (50') feet of the enclosure required pursuant to paragraph hl(c) of this subsection.
To immediately erect and maintain an enclosure for the potentially dangerous dog on the property where such dog will be kept and maintained, which has solid sides, top and bottom to prevent the 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 a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or other person. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the Animal Control Officer and having a minimum tensile strength sufficiently in excess of that required to restrict the dog's movements to a radius of no more than three (3') feet from the owner and under the direct supervision of the owner.
The Municipal Court 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 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.
The owner of the dog, or the Animal Control Officer in the municipality in which the dog was impounded, may appeal any final decision, order, or judgment, including any conditions attached thereto, of a Municipal Court pursuant to N.J.S. 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 nova in the manner established by those rules for appeals from courts of limited jurisdiction.
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 Hope Township for the costs and expenses of impoundment and destroying the dog. Hope Township may establish by ordinance a schedule of these costs and expenses. The owner shall incur the expense of impounding the dog in a facility other than the 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 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.
If the Municipal Court of the panel finds that the dog is not vicious or potentially dangerous, the Municipal Court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog.
The owner of a potentially dangerous dog shall:
Comply with the provisions of this subsection in accordance with a schedule established by the Municipal Court, but in no case more than 60 days subsequent to the date of determination;
Notify the licensing authority, local 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;
Notify the licensing authority, local Police Department and the Animal Control Officer within 24 hours of the death, sale or donation of a potentially dangerous dog;
Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous;
Upon the sale or donation of the dog to a person residing in a different municipality, notify the Department of Health licensing authority, Police Department and Animal Control Officer of Hope of the transfer of ownership and the name, address and telephone of the new owner; and
In addition to any license fee required pursuant to section 3 of P.L. 1941, c. 151 (C. 4:19-15.3), pay a potentially dangerous dog license of $700 to Hope Township and a State registration fee of $100.
The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this act, 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 and Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of, 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.
The Animal Control Officer shall verify, in writing the owner's compliance to the Municipal Clerk or other official designated to license dogs in Hope Township.
Hope Township shall publicize a telephone number for reporting violations of this subsection. This telephone number shall be forwarded to the Department of Health.
The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with this subsection.
All fines and fees collected or received by Hope Township pursuant to this subsection shall be deposited in a special account and used by Hope Township to administer and enforce the provisions of this subsection.
State registration fees collected by Hope Township pursuant to this order shall be forwarded to the Department of Health.
The provisions of this act shall not apply to dogs used for law enforcement activities.
No person who shall own, keep or harbor an animal shall abandon such animal within the Township.
Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or a pound, shall apply to the Dog Warden for a license entitling him to keep or operate such establishment. Such application shall describe the premises where the establishment is located or is proposed to be located, the purpose for which it is to be maintained and shall be accompanied by the written approval of the Health Officer of the Township showing compliance with the local and State rules and regulations governing the location of and sanitation at such establishment.
All licenses issued for a kennel, pet shop or shelter shall state the purpose for which the establishment is maintained and all such licenses shall expire on January 31 each year and be subject to revocation by the Township on recommendation of the State Department of Health or Health Officer of the Township for failure to comply with the rules and regulations of the State Department or the Health Department of the Township after the owner has been afforded a hearing by either the State Department or local department.
The annual license fee for a kennel providing accommodations for 10 or less dogs shall be $10 and for more than 10 dogs, $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter.
License fees collected or received under the provisions of this section shall be received and disposed of in the manner provided in N.J.S.A. 4:19-15.11.
There shall not be more than (3) licenses issued in the Township for a kennel, pet shop, shelter or pound.
[Ord. #2015-07 § 1]
This section shall be constructed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as residents are affected by injury to any persons or other animals, or cause damage to personal property including lawn, shrubbery, flowers, grounds, trees or any property of persons other than the owner or person having the care, custody or control of such unrestrained livestock running at large within the Township of Hope and to assess violations and penalties accordingly.
[Ord. #2015-07 § 2]
- Shall mean all horses, ponies, donkeys, mules, miniature breeds and all other equine; all domestic and exotic pigs, hogs, and other swine; all cattle, goats, sheep, and all other bovine; all llamas, alpacas, camels, and all other camelids; all chickens, ducks, geese, guinea hens, peacocks, turkeys, emus, rheas, and all other poultry and fowl; domestic rabbits, and all other animals traditionally raised for food, fiber, fur, or production means; as well as any exotic animals or reptiles.
- RUNNING AT LARGE
- Shall mean any livestock situated upon any public street, park, or any other public place while unrestrained or situated upon any private property, while not restrained by a sufficient fence, enclosure or tether and which is not attended by the owner or his or her representative.
[Ord. #2015-07 § 3]
Any person or persons, firm, partnership or corporation having the care, control, custody or management of any livestock as defined above shall prohibit the animals to stray or run at large within the limits of the Township of Hope.
Fencing Requirements. A fence shall comply with the standards of the New Jersey State Department of Agriculture Management Practices and shall be sufficiently enclosed and strong enough to prevent livestock from escaping, going through or under it and is hereby required wherever livestock is kept. If any livestock escapes from within the confines of any fence it shall be presumed that such fence has not met the provisions of this section. Any owner or lessee of the land on which such fence is located is subject to the requirements of this subsection.
[Ord. #2015-07 § 4]
When any livestock are taken up and distrained by any person for running at large, they shall be forthwith impounded by the Animal Control Officer and shall be furnished with suitable food and water, so long as they are detained.
The owner of livestock in the custody or possession of the Animal Control Officer pursuant to this section may claim and be entitled to the possession of the livestock. Upon payment to the Animal Control Officer of reasonable compensation for the care and keeping of the livestock, upon satisfactory proof of ownership of the livestock, and upon making reparation as provided in subsection 5-3.5, the livestock shall be returned to its owner.
[Ord. #2015-07 § 5]
Any person or persons, firm, partnership or corporation violating or failing to comply with any provision of this section shall be guilty of an offense punishable as follows:
[Ord. #2015-07 § 6]
Notice. The Township, or any duly authorized Code or Animal Control Official, shall cause a notice to be issued to the applicable person or persons, firm, partnership or corporation when a violation of this section occurs.
Form. Such notice prescribed in paragraph a above shall be in accordance with all of the following:
Method of Service. Such notice shall be deemed to be properly served if a copy thereof is sent by first-class mail, express mail, overnight carrier or certified mail addressed to the last known address.
[Added 4-10-2019 by Ord. No. 2019-02]
Chickens, ducks, geese or other fowl shall not be kept for domestic use unless the following rules and regulations are strictly adhered to:
Such fowl or animal shall not be allowed to fly or run at large but shall be confined to an enclosure or coop with an enclosed runway suitable for sheltering.
No part of said coop, enclosure, or runway shall be less than 100 feet from the doors or windows of any building occupied by human beings, whether for dwelling or business purposes.
No more than 20 chickens, ducks, geese, or other fowl shall be kept at any time on a lot less than six acres.
There shall be no runoff of manure of said chickens, ducks, geese, or other fowl onto neighboring properties.
The provisions of this section shall be enforced by the Police Department, Code Enforcement Official, Construction Officer, or Health Official of the Township of Hope.
Any person(s) found to have been in violation of the provisions of this section shall be subject to a fine not to exceed $500.