[HISTORY: Adopted by the Township Committee of the Township
of Montague 4-12-66. Sections 34-2, 34-4B and 34-12 amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
[Amended 11-28-2023 by Ord. No. 2023-19]
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A certified Municipal Animal Control Officer or, in the absence
of such an officer, the Chief Law Enforcement Officer of the municipality
or his or her designee.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
In reference to pet solid waste, shall mean removal at once,
without delay.
Any person who shall possess, maintain, house, or harbor
any pet or otherwise have custody of any pet, whether or not the owner
of such pet. When applied to the proprietorship of a dog, includes
every person having a right of property in such dog and every person
who has such dog in his keeping.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Waste matter expelled from the bowels of the pet; excrement.
Placement in a designated waste receptacle, or other suitable
container, and discarded in a refuse container which is regularly
emptied by the municipality or some other refuse collector; or disposal
into a system designed to convey domestic sewage for proper treatment
and disposal.
[Amended 3-10-1970; 2-8-1972; 9-14-1976 by Ord. No. 76-15; 9-9-1980 by Ord.
No. 80-14; 5-12-1992 by Ord. No.
92-2; 9-12-1995 by Ord. No. 95-13; 10-23-2007 by Ord. No. 2007-013; 11-10-2009 by Ord. No. 2009-21; 12-16-2014 by Ord. No. 2014-16; 10-8-2019 by Ord. No.
2019-14]
Any dog of licensing age must be licensed by the owner or person
who has the dog in his or her keeping. No more than four dogs of licensing
age may be kept per occupied residential lot. The fee to be paid annually
for a dog license and for each renewal thereof is $15. However, when
the owner presents a certificate signed by a licensed veterinarian
stating that the dog has been spayed or neutered, the license fee
shall be $10. Any person obtaining a license after March 31 will be
charged a $5 late fee per month or part thereof.
[Amended 11-10-09 by Ord. No. 2009-21; 12-16-14 by Ord. No. 2014-16]
Applications for such license shall be made annually in the
months of January through March in each year to the Dog Licensing
Official and said Dog Licensing Official is hereby designated to license
dogs upon payment of the aforesaid fees to issue the said license
and registration tag.
[Amended 9-14-76 by Ord. No. 76-15]
A.
The owner of a newly acquired dog shall make application for a license
within 10 days after acquisition.
B.
Any person who brings into this township a dog licensed in another
state for the current year and keeps the dog in this township for
more than 90 days shall immediately apply for a license for said dog.
Any unlicensed dog brought into this township from another state and
remaining for more than 10 days shall be licensed immediately.
[Amended 6-12-73; 9-9-80 by Ord. No. 80-14; 3-9-82 by Ord. No. 82-4]
A.
Causes for impounding. The Dog Warden and/or any police officer are
hereby authorized and 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 this chapter.
(2)
Any dog off the premises of the owner of or the person keeping or
harboring the dog, which the Dog Warden and/or the police officer
has reason to believe is a stray dog, whether or not such dog has
a current registration tag on its collar.
(3)
Any female dog in season off the premises of the owner of or the
person keeping or harboring such dog.
(4)
Any dog which has been determined to be a vicious dog by a Municipal
Judge, provided that if such dog cannot be seized with safety, it
may be killed.
B.
Access to premises. Any person or agent authorized or empowered to
perform any duty under this chapter is hereby authorized to go upon
any premises to seize for impounding any dog, which he may lawfully
seize and impound, when such officer is in immediate pursuit of such
dog except upon the premises of the owner of the dog if the owner
is present and forbids it.
C.
Notice of seizure.
(1)
If any dog so impounded or seized wears a registration tag, collar
or harness having inscribed thereon or attached thereto, the name
and address of any person or if the owner of or the person keeping
or harboring the dog is known, the Dog Warden shall immediately serve
on the person whose address is given on the collar or on the person
owning, keeping or harboring the dog a written notice stating that
the dog has been seized and will be liable to be disposed of or destroyed
if not claimed within seven days after service of notice.
(2)
A notice under 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.
D.
Disposition of unclaimed dogs. The authority having jurisdiction
is authorized and empowered to cause the destruction of any unclaimed
dog, in as humane manner as possible, under any of the following contingencies:
[Amended 5-12-92 by Ord. No. 92-2]
(1)
When any dog so seized has not been claimed by the person owning,
keeping or harboring such dog within seven days after notice or within
seven days of the dog's detention when notice has not been or cannot
be given, as set forth in the previous subsection.
(2)
At the request of the owner, for which a fee equal to the expenses
incurred, shall be charged.
(3)
If the person owning, keeping, or harboring any dog so seized has
not claimed the dog and has not paid all expenses incurred by reason
of its detention, including maintenance, not to exceed $5 per day
for the first day and $25 for picking up each dog.
The Dog Warden of the Township of Montague and any police officer
are hereby authorized to aid, assist and enforce this chapter.
[Amended 11-28-95 by Ord. No. 95-17]
No person shall keep in the Township of Montague, Sussex County,
New Jersey, any dog which habitually cries or habitually barks.
No person owning or keeping any dog shall permit it to be upon
the public streets or on any public place of the Township of Montague
or on property other than that of the owner of the dog 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.
No person owning or keeping a dog shall permit it to do any
injury or damage to any person or property.
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.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this act.
[Amended 9-14-76 by Ord. No. 76-15; 4-14-87 by Ord. No. 87-6; 5-12-92 by Ord. No. 92-2; 3-11-08
by Ord. No. 2008-01]
A.
Section 34-8 Confinement, Section 34-2, License Required; Fee. Section 34-3, Application, and Section 34-4, New Dogs, Dogs From Out of State, shall be punished by a minimum fine of $25 for the first offense, a minimum fine of $50 for the second offense. Third and subsequent offenses shall be punishable as hereinafter set forth in Subsection B. below.
[Amended 3-11-08 by Ord. No. 2008-01]
B.
Any provision of this chapter other than as set forth above shall,
upon conviction, be punished by a fine not to exceed $500 or by imprisonment
in the county jail for a period not to exceed 90 days, or both. Each
violation of any of the provisions of this chapter and each day the
same is violated shall be deemed to be a separate and distinct offense.
[Added 8-14-84 by Ord. No. 84-10]
No owner shall fail to provide any animal in his control with
sufficient good and wholesome food and water, proper shelter and protection
from the weather, veterinary care when needed to prevent suffering
and humane care and treatment. No person shall beat, cruelly ill treat,
torment, overload, overwork or otherwise abuse any animal, or cause
or permit any animals to combat between themselves, nor shall any
owner abandon such animal.
[Added 11-28-2023 by Ord. No. 2023-19]
A.
Purpose. The following code provisions establish requirements for
the proper disposal of pet solid waste in the Township of Montague,
so as to protect public health, safety, and welfare and to prescribe
penalties for failure to comply.
B.
Requirement for disposal. All pet owners and keepers are required
to immediately and properly dispose of their pet's solid waste
deposited on any property, public or private, not owned or possessed
by that person.
C.
Exemptions. Any owner or keeper who requires the use of a disability
assistance animal shall be exempt from the provisions of this section
while such animal is being used for that purpose.
D.
Enforcement. The provisions of this section shall be enforced by
the Animal Control Officer, Public Works Department, Code Enforcement,
State Police, and/or other municipal officials of the Township of
Montague.
E.
Penalties. Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,000.
