[1971 Code § 30-1; Ord. No. 96-14, § I]
As used in this section:
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.
Shall mean the certified Animal Control Officer as defined
in N.J.S.A. 4:19-15.1.
Shall mean and include any person who shall own, keep or
harbor a dog within the Township.
Shall mean any dog or dog hybrid which has been declared
by a Municipal Judge to be potentially dangerous.
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.
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Registration numbers shall be issued in the order in which applications
are received.
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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.
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:
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:
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.
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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.
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]
[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.
