Township of Green, NJ
Sussex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[1979 Code § 52-1; Ord. No. 15-87; Ord. No. 13-96]
As used in this chapter:
CERTIFIED ANIMAL CONTROL OFFICER
Shall mean a person 18 years of age or older who has satisfactorily completed a course of study approved by the Commissioner of Health on the control of animals or who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required to certified animal control officers for a period of three years.
DOG
Shall mean any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KENNEL
Shall mean any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs is carried on, except a pet shop.
OWNER
When applied to the proprietorship of a dog, shall mean and include every person having a right of property in such a dog and every person who has such a dog in his keeping.
PET SHOP
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.
POUND
Shall mean an establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
SHELTER
Shall mean any establishment where dogs are received, housed and distributed.
[1979 Code § 52-2; Ord. No. 15-87]
Any person who shall within the Township, own, keep or harbor a dog of licensing age shall in the month of January of each year and annually thereafter, apply for and procure from the Animal Control Officer or other official designated by the Governing Body a license and official metal registration tag for each such dog so owned, kept or harbored, and shall place upon each dog a collar or harness with the registration tag securely fastened thereto.
[1979 Code § 52-3; Ord. No. 15-87]
a. 
No Animal Control Officer or other official designated by the Governing Body to license dogs shall grant any such license and official metal registration tag for any dog unless the owner thereof provides evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Health, Education and Welfare, or has been certified exempt as provided by regulations of the State Department of Health. Such vaccination shall be repeated at intervals as provided by regulations of the State Department of Health, and shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.
b. 
Evidence of vaccination pursuant to the provisions of this section shall be provided by the certificate of a duly licensed veterinarian or an official Township antirabies vaccination tag. A dog may be exempted from the requirements for vaccination set forth herein for a specified period of time where a certificate is presented from a duly licensed veterinarian of the State of New Jersey stating that by reason of age, infirmity or other physical condition, vaccination of such dog against rabies for such specified period is dangerous to the dog's health.
[1979 Code §§ 52-4, 127-1; Ord. No. 15-87; Ord. No. 16-87; Ord. No. 4-95; Ord. No. 13-96; Ord. No. 14-97 § A127-1; Ord. No. 07-05; Ord. No. 2010-17]
a. 
The person applying for the license and registration tag shall pay a fee for the licensing of each dog in accordance with Chapter 8 — Fees.
b. 
Dogs used as guides for blind persons and commonly known as "seeing eye" dogs, dogs used to assist handicapped persons and commonly known as "service dogs," or dogs used to assist deaf persons and commonly known as "hearing ear" dogs shall be licensed and registered as other dogs as hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
c. 
License forms and uniform official metal registration tags designed by the State Department of Health shall be furnished by the Township of Green and shall be numbered serially and shall bear the year of issuance and the name of the Municipality.
[1979 Code § 52-5; Ord. No. 15-87]
Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and such license and tag issued by any other municipality of this State shall be accepted by the Township as evidence of compliance with §§ 5-2.2 and 5-2.3.
[1979 Code § 52-6; Ord. No. 15-87]
Any person harboring a dog or found to have an unlicensed dog by the Animal Control Officer, dog canvassers or any other Municipal official after January 31 shall be required to pay an additional late fee as established in § 5-2.3. The late fee shall be charged for each month delinquent plus the required license and registration fees as provided in this section, in addition to any fine imposed for failure to obtain a dog license before February 1 of each year.
[1979 Code § 52-7; Ord. No. 15-87]
The owner of a newly acquired dog of licensing age or of any dog shall make application for license and registration tag for such dog within 10 days after such acquisition or age attainment.
[1979 Code § 52-8; Ord. No. 15-87]
a. 
The application shall state: Breed, sex, age, color and markings of the dog for which license and registration are sought; whether it is of long or short haired variety, whether it has been neutered, the name, street, and post-office address of the owner and the person who shall keep or harbor the dog, which person shall be at least 18 years of age.
b. 
The information on the application and the registration number issued for the dog shall be preserved for a period of three years by the Animal Control Officer. Registration numbers shall be issued in the order of applications.
c. 
The Animal Control Officer shall forward to the State Department of Health each month, on forms furnished by the Department, an accurate account of registration numbers issued or otherwise disposed of.
[1979 Code § 52-9; Ord. No. 15-87]
a. 
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 State for a period of more than 30 days, shall immediately apply for a license and registration tag for each dog unless such dog be licensed under § 5-3.1 hereof.
b. 
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 for a period of more than 10 days, shall immediately apply for a license and registration tag for each such dog unless such dog be licensed under § 5-3.1.
[1979 Code § 52-10; Ord. No. 15-87]
a. 
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.
b. 
No licensed dog shall be allowed off the premises of the person harboring or keeping the dog without the metal registration tag attached to its harness or collar.
[1979 Code § 52-11; Ord. No. 15-87]
a. 
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Animal Control Officer for a license entitling him to keep or operate such establishment. All licenses issued for such establishments shall state the purposes for which the establishment is maintained; shall expire on the last day of December of each year, and shall not be transferable to another owner or different premises.
b. 
Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments.
[1979 Code § 52-12; Ord. No. 15-87]
The application shall describe the premises where the establishment for a kennel, pet shop, shelter or pound is located or proposed to be located, the name and permanent and local address of the applicant, the maximum number of dogs to be accommodated by such establishment at any one time, the purpose or purposes for which it is to be maintained, and shall be accompanied by written approval of the Township sanitarian showing compliance with the local and State rules and regulations governing the location and sanitation of such establishments.
[1979 Code § 52-13; Ord. No. 15-87]
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Township Committee upon recommendation of the State Department of Health or the Township Department of Health for failure to comply with the applicable provisions of this section, or the rules and regulations of health governing the same, after the licensee has been afforded a hearing by either the State Department of Health of the Township Committee.
[1979 Code §§ 52-14; 127-1; Ord. No. 4-95; Ord. No. 13-96; Ord. No. 14-97; Ord. No. 2010-17]
License fees for dog establishments shall be paid in accordance with Chapter 7 — Fees.
[1979 Code § 52-15; Ord. No. 15-87]
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on leash or in a crate, or under safe control.
[1979 Code § 52-16; Ord. No. 15-87]
License or other fees collected under the provisions hereof, except those paid to the State of New Jersey, shall be turned over to the Treasurer within 30 days of collection. The fees collected shall be accounted for and spent in accordance with N.J.S. 4:19-15.11, as amended.
[1979 Code § 52-17; Ord. No. 15-87]
The Animal Control Officer shall forward a list of all 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 kind of license issued.
[1979 Code § 52-18; Ord. No. 15-87]
The Animal Control Officer or other such person designated by the Township Committee shall promptly after January 1 of each year cause a canvass to be made of all unlicensed dogs owned, kept or harbored within the limits of the Township. He shall report on or before March 1 of each year, to the Township Clerk, Township and State Departments 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 of the unlicensed dogs.
[1979 Code § 52-19; Ord. No. 15-87]
The Township Committee shall appoint, at such times and for such terms as may seem expedient, one or more persons to be known as Animal Control Officers, who shall be responsible for animal control within the jurisdiction of the Township of Green and shall enforce and abide by the provisions of this chapter and N.J.S. 4:19-15.1 et seq.
[1979 Code § 52-20; Ord. No. 15-87; Ord. No. 13-96]
a. 
The Animal Control Officer shall take into custody or impound and thereafter destroy or offer for adoption as hereinafter provided in this section:
1. 
Any dog off the premises of the owner or of the person keeping or harboring the dog which the official or his agent or agents have reason to believe is a stray dog.
2. 
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.
3. 
Any female dog in season off the premises of the owner or of the person keeping or harboring the dog.
4. 
Any dog or other animal which is suspected to be rabid. After observation, any animal seized under this section as suspect of being rabid shall be immediately reported to the Executive Officer of the local Board of Health and to the Department of Health.
5. 
Any dog or other animal off the premises of the owner reported to, or observed by, a certified Animal Control Officer to be ill, injured or creating a threat to public health, safety or welfare, or otherwise interfering with the enjoyment of property.
6. 
Any dog upon the public or private streets or on any public or private property other than that of the owner, not accompanied by a person over the age of 12 and not confined or controlled by § 5-9.
7. 
Any dog kept in a kennel, pet shop, shelter or pound and off such establishment and not confined or controlled as prescribed by § 5-3.5 hereof.
8. 
Any dog running at large in violation of § 5-8.2 hereof.
9. 
Any dog declared vicious as determined by the provisions of § 5-9.
b. 
Notice of Impounding of Animal.
1. 
If any animal so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any persons or a registration tag, or the owner or the person keeping or harboring the animal is known, an Animal Control Officer or anyone authorized by the Township Committee shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring the animal, if known, a notice in writing stating that the animal has been seized and will be liable to be offered for adoption or disposed of or destroyed if not claimed within seven days after the service of the notice.
2. 
A notice under Subsection b1 of this subsection may be served either by delivering it to the person on 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 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.
3. 
Any officer or agent authorized or empowered to perform any duty under this section is hereby authorized to destroy such animal in a manner causing as little pain as possible or offer it for adoption seven days after seizure; provided that:
(a) 
Notice is given as set forth above and the animal remains unclaimed; or,
(b) 
The owner or person keeping or harboring the animal has not claimed the animal and paid all expenses incurred by reasons of its detention, including maintenance costs not exceeding four $4 per day; or,
(c) 
The owner or person keeping or harboring a dog which was unlicensed at the time of seizure does not produce a license and registration tag for the dog.
At the time of adoption, the right of the ownership in the animal shall transfer to the new owner. No dog or other animal so caught or detained or procured, obtained, set or brought to a pound shall be sold or otherwise made available for the purpose of experimentation. Any person who sells or otherwise makes available any such dog or other animal for the purpose of experimentation shall be guilty of a disorderly person's offense.
[1979 Code §§ 52-21; 127-1; Ord. No. 15-87; Ord. No. 14-97]
There shall be charged to the owner of each dog which is impounded, a fee of $25 plus costs, which fees shall be paid when the dog is released.
[1979 Code § 52-22; Ord. No. 15-87]
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 animal which he may lawfully seize and impound when such officer is in immediate pursuit of such animal, except upon the premises of the owner of the animal and if the owner is present and forbids same.
[1979 Code § 52-23; Ord. No. 15-87]
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this section.
[1979 Code § 52-24; Ord. No. 15-87; Ord. No. 05-20]
a. 
No person shall keep, harbor or maintain any dog or dogs which bark or cry for more than one hour between the hours of 6:00 a.m. and 10:00 p.m., and which thereby create a nuisance or disturb the peace and quiet of the neighborhood.
b. 
No person shall keep, harbor or maintain any dog or dogs which bark or cry for more than 15 minutes between the hours of 10:00 p.m. and 6:00 a.m., and which by such barking disturb the peace and quiet of the neighborhood and thereby create a nuisance.
[1979 Code § 52-25; Ord. No. 15-87]
a. 
No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park, or in any public building, or in any other public place or on private property, other than the property of the owner, within the Township.
b. 
When a dog has been impounded for running at large, the Animal Control Officer may file a complaint of this violation in the Municipal Court.
c. 
No person owning, keeping or harboring a dog shall permit it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property or a complaint may be made against the owner thereof.
[1979 Code § 52-26; Ord. No. 15-87; amended 8-19-2019 by Ord. No. 2019-14]
No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public place of the Township unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six feet long. Additionally, per Green Township Code § 9-4, no dog, leashed or unleashed, shall be permitted to enter upon EverGreen Park or any of the fields, playgrounds, basketball or tennis courts within the Township of Green.
[Ord. No. 13-96 § 52-27A]
As used in this section:
ANIMAL CONTROL OFFICER
Shall mean a certified Municipal Animal Control Officer or, in the absence of such an officer, the chief law enforcement officer of the municipality or his designee.
DEPARTMENT
Shall mean the Department of Health.
DOG
Shall mean any dog or dog hybrid.
DOMESTIC ANIMAL
Shall mean any cat, dog, or livestock other than poultry.
POTENTIALLY DANGEROUS DOG
Shall mean any dog or dog hybrid declared potentially dangerous by a municipal court.
VICIOUS DOG
Shall mean any dog or dog hybrid declared vicious by a municipal court.
[Ord. No. 13-96 § 52-27B]
An Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:
a. 
Attacked a person and caused death or serious bodily injury to that person;
b. 
Caused bodily injury 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 defined by N.J.S. 19:22-24 and 26;
d. 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon 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 Municipal Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.
[Ord. No. 13-96 § 52-27C]
a. 
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.
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, 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 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. 13-96 § 52-27D]
Notwithstanding any statutory or municipal provision to the contrary, the Municipality 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. The Municipality may as a condition of the settlement agreement, also require that the owner of the dog hold the Municipality harmless for any legal expenses or fees the Municipality may incur in defending against any cause of action brought against the Municipality notwithstanding the prohibition against such causes of action set forth in this section.
[Ord. No. 13-96 § 52-27E]
a. 
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 to a person; or
2. 
Has engaged in dog fighting activities.
b. 
A dog shall not be declared vicious for inflicting death or serious bodily injury upon a person if the dog was provoked. The Municipality 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, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed while appeal is pending.
[Ord. No. 13-96 § 52-27F; Ord. No. 2016-09]
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 to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person, or
2. 
Killed another domestic animal, and
(a) 
Poses a threat of serious bodily injury or death to a person; or
(b) 
Poses a threat of death to another domestic animal; or
(c) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
b. 
A dog shall not be declared potentially dangerous for:
1. 
Causing bodily injury 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 Subsection b1 of this subsection, the Municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
[Ord. No. 13-96 § 52-27G]
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 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. 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 as required pursuant to Subsection a3 below;
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 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 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 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 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 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.
[Ord. No. 13-96 § 52-27H]
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.
[Ord. No. 13-96 § 52-27I]
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 Municipality in which the dog is impounded 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 pound, 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. 13-96 § 52-27J]
Even if a dog is found to be 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.
[Ord. No. 13-96 § 52-27K]
The owner of a potentially dangerous dog shall:
a. 
Comply with the provisions of this section, 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, local Police Department or force, 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, local Police Department or force, 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 department and the licensing authority, Police Department or force, and Animal Control Officer of that Municipality of the transfer of ownership and the name, address and telephone of the new owner; and
f. 
In addition to any license fee required pursuant to § 5-2.3, pay a potentially dangerous dog license fee to the Municipality.
[Ord. No. 13-96 § 52-27H]
The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this section, or any related statute, rule or regulation, or to have failed to comply with a court's order shall be subject to a fine of not more than $1,00 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. An Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of this section, or any related Statute, rule or regulation, 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. 13-96 § 52-27M]
The annual fee for a potentially dangerous dog license shall be $700.
[Ord. No. 13-96 § 52-27N]
The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with § 5-9.7a, 2 and 3.
[1979 Code § 52-29; Ord. No. 13-96]
Any person who shall keep, harbor or maintain a dog that attacks other dogs or domestic animals may be subject to suit for damages for keeping and harboring such animals.
[1979 Code § 52-30; Ord. No. 15-87; Ord. No. 13-96]
a. 
Any person who violates any provision of this chapter may, upon conviction thereof, be liable for a penalty as specified in Subsection b for each violation, or may be imprisoned for a period not to exceed six months, or both, at the discretion of the Court before whom the complaint is made. A separate offense shall be deemed committed on each day during or on which a violation of this chapter occurs or continues.
b. 
Penalty Fees:
1st
2nd Offense
3rd
1.
Unlicensed dog
$25
$100
$250
2.
Interference with officer
$100
$250
$500
3.
Disturbing the peace, barking or crying
$50
$100
$100
4.
Running-at-large
$50
$100
$250
5.
Dog control/leash
$25
$50
$100
6.
Vicious dogs
$100
$250
$500
7.
Dogs attacking other animals or property
$100
$250
$500