[1979 Code § 52-1; Ord. No. 15-87; Ord. No. 13-96]
As used in this chapter:
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.
Shall mean any dog, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
Shall mean any establishment wherein or whereon the business
of boarding or selling dogs or breeding dogs is carried on, except
a pet shop.
When applied to the proprietorship of a dog, shall mean and
include every person having a right of property in such a dog and
every person who has such a dog in his keeping.
Shall mean any room or group of rooms, cage or exhibition
pen, not part of a kennel, wherein dogs for sale are kept or displayed.
Shall mean an establishment for the confinement of dogs seized
either under the provisions of this chapter or otherwise.
Shall mean 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]
[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.
[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.
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; 6-22-2022 by Ord. No. 2022-08]
No person owning, keeping or harboring any dog shall suffer or permit it to be in a public place within the Township unless such dog has a current dog license and all required vaccinations, is accompanied by a person over the age of 12 years that has the ability to control the dog, and is securely confined and controlled by an adequate fixed length (non-retractable) leash not more than six feet long. Additionally, except as otherwise provided in Green Township Code § 9-4, no dog, leashed or unleashed shall be permitted to enter upon 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:
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.
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.
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]
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
[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
[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]
[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
|
