Township of Millstone, NJ
Monmouth County
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Table of Contents
Table of Contents
[1971 Code § 30-1; Ord. No. 96-14, § I]
As used in this section:
DOG
Shall mean any dog, bitch or spayed bitch which shall have attained the age of seven months or shall possess a set of permanent teeth.
DOG WARDEN
Shall mean the certified Animal Control Officer as defined in N.J.S.A. 4:19-15.1.
OWNER
Shall mean and include any person who shall own, keep or harbor a dog within the Township.
POTENTIALLY DANGEROUS DOG
Shall mean any dog or dog hybrid which has been declared by a Municipal Judge to be potentially dangerous.
VICIOUS DOG
Shall mean any dog or dog hybrid which has been declared by a Municipal Judge to be a vicious dog.
[1971 Code §§ 30-6 – 30-9; Ord. 4-28-71; Ord. No. 81-6; Ord. No. 91-05 § 2; Ord. No. 96-14 § I; Ord. No. 98-27 § I; Ord. No. 09-18 § I; Ord. No. 13-27]
a. 
Registration and Licensing Requirement. Any person who shall own, keep or harbor a dog of licensing age in the Township shall apply for and procure from the Township Clerk or other official designated by the governing body hereof to license dogs in the Township, 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.
b. 
Application for License. Each application for a license under this chapter shall give the following information:
1. 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings, date of currently effective rabies vaccination and whether the dog is of a long or short haired variety.
2. 
Name, street and post office address of the owner of, and the person who shall keep or harbor, the dog.
Registration numbers shall be issued in the order in which applications are received.
c. 
Application for License, When Made. Applications for licenses for dogs which are required to be licensed by the provisions of subsection 9-1.2 shall be made before the first day of February of such calendar year as is applicable or within 10 days of the day upon which the dog in question first becomes subject to the provisions of this section.
d. 
Fees. See section 5-9, FEES FOR CHAPTER 9: ANIMAL CONTROL.
e. 
Expiration Date. Each dog license, registration tag and renewal thereof shall expire on the last day of January of the following year.
f. 
Applicability of State Provisions. All of the provisions of the New Jersey Statutes Annotated, Title 4, Chapter 19, Article 1 and 2, are hereby made a part hereof as though fully set forth herein, together with the additions and amendments thereto.
g. 
Violations and Penalties. Any person who violates or who fails or refuses to comply with this subsection or the Statute which is made a part hereof, or with the rules or regulations promulgated by the State Department of Health pursuant to Section 14 of the aforementioned Statute, shall be liable to a penalty of not less than $50 nor more than $500 for each offense, to be recovered by and in the name of the Township Board of Health, or by and in the name of the Township of Millstone, except that for the first offense in cases of violations of Sections 2, 4, and 6 of the Statute aforementioned, the penalty shall not be less than $25 nor more than $500, to be recovered in the same manner.
Any person issued a summons for violation of this section and who intends to plead guilty to the charge shall not be required to make a Court appearance so long as such person provides proof that he or she is now in compliance with this section and pays the fine as prescribed above.
[1971 Code §§ 30-2 – 30-5; New; Ord. No. 97-06, § II; Ord. No. 99-02, § I]
a. 
Permitting Dogs to Run at Large Prohibited; Leash Requirement.
1. 
No person owning, keeping or harboring any dog shall suffer or permit the same to run at large anywhere in the Township, except upon the property of the person owning, keeping or harboring the dog.
2. 
Any dog off the premises of any person owning, keeping or harboring the same, except as hereinafter set forth in paragraph c shall be accompanied by a person capable of controlling the dog and who has the dog upon a leash not exceeding six feet in length or in a crate or box or otherwise securely confined so as to prevent it from running at large.
b. 
Nonapplicability. Nothing hereby contained shall in any way be construed as relieving any person from complying with any State Statutes or other regulations pertaining to the licensing and registration of dogs, and this subsection is intended to be supplementary to any provisions of any such other laws.
c. 
Legal Hunting and Gunning Excepted. Nothing herein contained shall in any way be construed to apply to or prohibit the use of dogs in connection with usual and legal hunting and gunning in this Township.
d. 
Violations and Penalties. Any person who violates or who fails or refuses to comply with this chapter, shall be liable to a penalty up to a maximum of a $1,000 fine.
[Ord. No. 96-14, § I]
a. 
Complaint; Investigation; Report; Notification. It shall be the duty of the Dog Warden to receive and investigate complaints against dogs. If he reasonably believes any dog complained of to be a vicious or potentially dangerous dog, he shall report his findings in writing to the Municipal Judge.
b. 
The Dog Warden shall notify the Municipal Court and the Municipal Health Officer immediately that he has seized and impounded a dog pursuant to this chapter, or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The Dog Warden shall through a reasonable effort attempt to determine the identity of the owner of any dog seized and impounded pursuant to this chapter. If its owner cannot be identified within seven days, that dog may be humanely destroyed.
c. 
The Dog Warden shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to this chapter, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven 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.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 92-02, § I.
[Ord. No. 96-14, § I]
The Municipal Judge shall notify in writing the owner or keeper of an allegedly vicious or potentially dangerous dog that a complaint has been made and require the person to appear before him at a stated time and place for a hearing.
[Ord. No. 96-14, § I]
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 as defined in N.J.S.A. 2C:11-1(b) to a person; or
2. 
Has engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.
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 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 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. 96-14, § I; Ord. No. 11-04]
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
2. 
Severely injured or 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
3. 
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 as defined in N.J.S.A. 2C:11-1(a) to a person if the dog was provoked; or
2. 
Killing a domestic animal if the domestic animal was the aggressor.
For the purposes of paragraph b1 of this subsection, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
[Ord. No. 96-14, § I]
No person owning or keeping a vicious dog shall permit the dog to be off the property of the owner or keeper without being securely muzzled.
[Ord. No. 96-14, § I]
If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:
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 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. 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 of this subsection;
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 Township of Millstone 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. 96-14, § I]
The owner of the dog, or the Animal Control Officer may appeal any final decision, order, or judgment, including any conditions attached thereto, of a 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. 96-14, § I]
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 of Millstone 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. 96-14, § I]
If the Municipal Court finds that the dog is not vicious or potentially dangerous, the Municipal Court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog.
[Ord. No. 96-14, § I]
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 New Jersey State Police 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 New Jersey State Police 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 N.J.S.A. 4:19-15.3, pay a potentially dangerous dog license fee to the municipality as provided by N.J.S.A. 4:19-31.
[Ord. No. 96-14, § I; Ord. No. 06-06, § IV]
The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this section, 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, 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 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. 96-14, § I]
a. 
There shall be issued 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 will be the three number code assigned to the Township of Millstone in the regulations promulgated pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify, in writing, compliance to the Municipal Clerk or other official designated to license dogs in the Township of Millstone;
b. 
The Township of Millstone will publicize a telephone number for reporting violations of this section. This telephone number shall be forwarded to the State of New Jersey Department of Health and any changes in this number shall be reported immediately to the State of New Jersey Department of Health.
[Ord. No. 96-14, § I]
a. 
Causes for Impounding. The Dog Warden shall take into custody and impound, or cause to be taken into custody and impounded, any of the following dogs:
1. 
Any unlicensed dog running at large in violation of the provisions of this chapter.
2. 
Any dog off the premises of the owner of or the person keeping or harboring the dog which the Dog Warden or his agent has reason to believe is a stray dog.
3. 
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.
4. 
Any female dog in season off the premises of the owner of or the person keeping or harboring such dog.
5. 
Any dog which has been determined to be a vicious dog as provided in subsection 9-1.6, provided that these dogs may also be seized by any law enforcement officer, and provided further that if the dogs cannot be seized with safety, they may be killed.
6. 
Any dog or other animal which is suspected to be rabid.
7. 
Any dog or other animal off the premises of the owner reported to or observed by a Dog Warden to be ill, injured or creating a threat to public health, safety and welfare or otherwise interfering with the enjoyment of property.
8. 
Any dog or dog hybrid which the Dog Warden has reasonable cause to believe that the dog or dog hybrid has attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person; or has 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; or has engaged in dog fighting activities as described in N.J.S.A. 4:22-26; or has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
[Ord. No. 98-08, § I]
It shall be unlawful for any person to harbor or keep any animals which repeatedly disturb the peace by loud noises at any time of the day or night, and the owner shall take reasonable and proper care and precaution to prevent such dogs or other animals from committing a nuisance or annoyance to neighbors or other persons in the Township.
[1971 Code § 30-12; Ord. No. 09-08, § I]
As used in this section:
a. 
DOG – Shall mean any dog, bitch or spayed bitch.
b. 
DOG OF LICENSING AGE – Shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
c. 
KENNEL – Shall mean any place wherein or whereon;
1. 
The business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
2. 
Dogs are distributed or delivered to, or otherwise acquired by, any person on a regular basis, except a pet shop; or
3. 
Dogs are kept with the intent to distribute or deliver to, or facilitate the acquisition by, any person on a regular basis, except a pet shop.
The definitions of kennel set forth in subsections 9-2.1c2 and 9-2.1c3 shall apply to such distribution, delivery or acquisition of dogs, by any means, including but not limited to sale, charitable contribution or pledge, or transaction free of charge.
d. 
OWNER –When applied to the proprietorship of a dog, shall mean and include every person having a right of property in such dog and every person who has such dog in his keeping.
e. 
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.
f. 
POUND – Shall mean an establishment for the confinement of dogs seized either under the provisions of this act or otherwise.
g. 
SHELTER – Shall mean any establishment where dogs are received, housed and distributed without charge.
[1971 Code § 30-13; Ord. 4-28-71; Ord. No. 09-08, § I]
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 Clerk or other official designated to license dogs in the Township for a license entitling him to keep or operate such establishment.
b. 
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the local municipal and health authorities showing compliance with the local and State rules and regulations governing location of and sanitation at such establishments.
c. 
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 January 30 of each year and be subject to revocation by the municipality on recommendations of the State Department of Health or the local Board of Health for failure to comply with the rules and regulations of the State Department or local Board governing the same, after the owner has been afforded a hearing by either the State Department or local Board.
d. 
Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments. Licenses shall not be transferable to another owner or different premises without the filing of a new application and approval of the Township Committee.
e. 
Licenses, except for those already in operation, shall hereafter be issued only to kennels, pet shops, shelters or pounds located in commercial and/or light industrial zones in the Township.
f. 
No license for a kennel, pet shop, shelter or pound shall be granted to any person or immediate family member of such person when such person or their immediate family member has a conviction of any crime or offense as set forth in N.J.S.A. 4:22 et seq.
[1971 Code § 30-14; Ord. 4-28-71]
The annual license fee for a kennel shall be the fee stated in Section 5-9 of Chapter 5. The annual license fee for a pet shop shall be the fee stated in Section 5-9 of Chapter 5. No fee shall be charged for a shelter or pound.
[1971 Code § 30-15]
The Clerk or other official designated to license dogs in the Township shall forward to the State Department of Health 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.
[1971 Code § 30-16]
a. 
The rules and regulations promulgated by the State Department of Health and/or the State Department of Agriculture shall govern the sanitary conduct and operations of kennels, pet shops, shelters and pounds, to preserve sanitation therein and to prevent the spread of rabies and other diseases of dogs within and from such establishments.
b. 
Such rules and regulations shall be enforced by the State Department of Health and/or by local Boards of Health.
[1971 Code § 30-17]
No provision of this section shall be construed to apply to any establishment wherein or whereon dogs are received or kept for diagnostic, medical, surgical or other treatments, owned by and operated under the immediate supervision of a graduate veterinarian licensed in the State of New Jersey.
[1971 Code § 30-18; Ord. No. 98-08, § II]
It shall be unlawful to harbor or keep any animals which repeatedly disturb the peace by loud noises at any time of the day or night, and the owner shall take reasonable and proper care and precaution to prevent such dogs or other animals from committing a nuisance in or upon any of the premises licensed and to be an annoyance to the neighbors thereof or other persons in the Township.
[1971 Code § 30-19; Ord. 4-28-71; Ord. No. 97-06, § II; Ord. No. 09-08 § I]
Any person who violates or who fails or refuses to comply with this section, any part thereof or the rules or regulations promulgated by the State Department of Health shall be liable to a penalty of $1,000 for a first offense, $1,500 for a second offense and $2,000 or imprisonment for a period not exceeding 90 days for each subsequent offense. Such fines shall be recovered by and in the name of the Director of Health of the State of New Jersey, or by and in the name of the Township Board of Health, or by and in the name of the Township of Millstone, as the case may be. Any person issued a first or second violation of subsection 9-2.7 within a year and who intends to plead guilty to the charge shall not be required to make a court appearance, but shall pay a fine as prescribed above.