[1978 Code § 5-1.1; Ord. No. 800; 1978 Code § 5-17.1; Ord. No.
839 § 1; New; Ord. No.
07-14 § VIII]
As used in this article:
Shall mean dog.
Shall mean any person or agency designated or certified by
the State of New Jersey to enforce the provisions of this article.
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 the act of providing space or making available
food or shelter in such a manner which attracts a dog or dogs to one's
premises.
Shall mean the Health Services or any designated representative
thereof charged with administering the issuance and/or revocation
of permits and licenses under the provisions of this article.
Shall mean rendered permanently incapable of reproduction
as certified by a licensed veterinarian.
When applied to the proprietorship of a dog shall include
every person having a right of property or custody in such dog and
every person who has such dog in his/her keeping, or who harbors or
maintains a dog or knowingly permits a dog to remain on or about any
premises occupied by that person.
Shall mean any individual, corporation, partnership, organization,
or institution commonly recognized by law as a unit.
[Ord. No. 950 § II]
All animals shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunizations" published by the National State Public Health Veterinarian, except as provided in subsection 5-2.2.
[Ord. No. 950 § II; Ord. No. 07-14 § VIII]
Any dog may be exempted for the requirements of such vaccinations
for a specified period of time by the Sparta Health Services, upon
presentation of a veterinarian certificate stating that because of
an infirmity or other physical condition, or region of therapy, the
inoculation of such dog shall be deemed inadvisable.
[1978 Code § 5-1.2; § 8-5; Ord. No. 617; Ord. No. 800; Ord. No. 950 § A
VI; Ord. No. 07-04 § 1; Ord. No. 07-14 § VIII; Ord. No. 2016-19 § 1]
a.
No person shall own, keep or harbor any dog, within the Township
without first obtaining a license therefor, to be issued by the Health
Services upon application by the owner and payment of the prescribed
fee, and no person shall keep or harbor any dog except in compliance
with the provisions of this chapter.
b.
The owner of any dog may, if the license tag is mislaid, stolen or
lost, procure a replacement dog license and registration upon the
payment of a fee of $1. The owner must provide adequate proof that
the dog is currently licensed for the year in which the replacement
tag is desired.
[1978 Code § 5-1.3; Ord. No. 800; Ord. No. 07-14 § VIII]
Any person who shall 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 Health Services 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.
[New; Ord. No. 07-14 § VIII]
The Sparta Health Services shall not grant any such license and official registration tag or sleeve 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 Human Services, or has been certified exempt as provided by subsection 5-2.1. The rabies inoculation shall be administered by a duly licensed veterinarian.
[1978 Code § 5-1.4; § 8-5; Ord. No. 591; Ord. No. 618; Ord. No. 638; Ord. No. 795; Ord. No.
800; Ord. No. 845 § 1; Ord. No. 950 § VI; Ord. No. 01-23 § 2; Ord. No. 07-04 § 1; Ord.
No. 07-29 § 1; Ord. No.
13-14 § 1]
The person applying for the license and registration tag shall
pay a fee of $15 for a one-year license and $35 for a three-year license
for each dog. Additional fees established by the State of New Jersey
will also be incurred. The licenses, registration tags and renewals
thereof shall expire on the last day of January in each year.[1]
[1]
Editor's Note: The fee for a license for a Potentially
Dangerous Dog is established in Subsection 5-9.14.
[1978 Code § 5-1.5; Ord. No. 800]
Dogs used as guides for blind persons and commonly known as
"seeing eye" 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.
[1978 Code § 5-1.6; § 8-5; Ord. No. 591; Ord. No. 618; Ord. No. 638; Ord. No. 795; Ord. No.
800; Ord. No. 845 § 1; Ord. No. 950 § VI; Ord. No. 07-04 § 1; Ord. No. 2016-19 § 1]
Any dog owner or person harboring a dog, found to have an unlicensed dog by the Animal Control Officer, dog canvassers or any other municipal official after February 1 of each year, shall be required to pay a delinquent fee of $5 per month for each dog, plus the required license and registration tag fees provided in this section, in addition to any fine imposed for failure to obtain a dog license before February 1. The aforementioned delinquent fee shall not apply to dogs which have been acquired by the owner after March 1, on which the license fee shall be the same as required in subsection 5-2.5. The owner, however, shall present sufficient proof to establish that the dog was acquired after March 1.
[1978 Code § 5-1.7; Ord. No. 800]
[1978 Code § 5-1.8; Ord. No. 800]
The owner of any newly-acquired dog of licensing age or of any
dog which attains licensing age shall make application for license
and registration tag for such dog within 10 days after such acquisition
or age attainment.
[1978 Code § 5-1.9; Ord. No. 800; Ord. No. 07-14 § VIII]
a.
The application shall state: the breed, sex, age, color and markings
of the dog for which license and registration are sought; whether
it is of a long- or short-haired variety; and the name, street and
post-office address of the owner and the person who shall keep or
harbor such dog.
b.
The information on the application and the registration number issued
for the dog shall be preserved for a period of three years by Health
Services Registration. Numbers shall be issued in the order of the
applications.
c.
Health Services shall forward to the State Department of Health each
month, on forms furnished by the Health Services, an accurate account
of registration numbers issued or otherwise disposed of.
[Ord. No. 950 § 1]
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 Township for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog, unless a license for such dog is not required under Section 5-16.
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 within the Township for a period of more than 10 days, shall immediately apply for a license and registration tag for each such dog, unless a license for such dog is not required under Section 5-16.
[1978 Code § 5-1.11; Ord. No. 800]
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.
[1978 Code § 5-3; Ord. No. 800]
a.
License or other fees collected under the provisions hereof, except
those paid to the State, shall be turned over to the Treasurer within
30 days of collection. The fees collected shall be accounted for and
spent in accordance with A.4:19-15.11, as amended.
[1978 Code § 5-4; Ord. No. 800; Ord. No. 07-14 § VIII]
The Chief of Police or such other person designated by the Township
Manager shall promptly after February 1 of each year cause a canvass
to be made of all dogs owned, kept or harbored within the limits of
the Township. He shall report on or before May 1 of each year to the
Township Manager, to the Township Health Services, and to the State
Department of Health the result thereof, setting forth in separate
columns the names and addresses of persons owning, keeping or harboring
such dogs, the number of licensed dogs owned, kept or harbored by
each person, together with the registration numbers of each dog, and
the number of unlicensed dogs owned, kept or harbored by each person,
together with a complete description of each unlicensed dog.
[1978 Code § 5-10.1; Ord. No. 800]
No person shall allow any dog in his keeping, custody, control
or ownership to bark, howl or cry, continuously for any period longer
than 1/2 hour between the hours of 10:00 p.m. and 7:00 a.m. or otherwise
repeatedly at intervals of more than 1/2 hour at any time of the day
or night, in such volume or manner as to disturb the comfort, peace
or repose of persons in the vicinity.
[1978 Code § 5-10.2; Ord. No. 800]
a.
No person owning, keeping, or harboring any dog shall suffer or permit
such animal to run at large in, upon, or through any public, quasi-public,
or private street, public park or recreation area, public building,
or any other public place or place to which the public is invited
and no person owning, keeping, or harboring any dog shall suffer or
permit such animal to run at large in, upon, or through any private
property without the authority of the owner of the private property.
b.
When a dog has been impounded for running at large, the Animal Control
Officer shall file a complaint of this violation in the Municipal
Court.
[1978 Code § 5-10.3; Ord. No. 800]
No person owning, keeping or harboring any dog shall suffer
or permit it to be upon the public or private streets or in any 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.
[1978 Code § 5-10.5; Ord. No. 800]
All dogs which bite any person shall be examined by a veterinarian
within 24 hours after such incident for the purpose of determining
whether such dog is affected by any disease and shall thereafter be
quarantined for a ten-day period.
[1978 Code § 5-10.6; Ord. No. 800]
When a dog attacks other dogs or domestic animals, a complaint
may be made against the owner thereof for keeping or harboring such
a dog. Mandatory minimum penalty $100 up to $1,000.
[1978 Code § 5-14; Ord. No. 800; Ord. No. 950 § 544]
No person owning, keeping, or harboring a dog/cat shall permit
it to injure any persons or to do any damage to any lawn, shrubbery,
flowers, grounds or property or a complaint may be made against the
owner or keeper of such dog/cat.
[1978 Code § 5-13.1; Ord. No. 800; Ord. No. 05-26]
For the purpose of this section, 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
include the plural number. The word "shall" is always mandatory and
not merely directory.
a.
IMMEDIATE – Shall mean that the pet solid waste is removed
at once, without delay.
b.
OWNER/KEEPER – Shall mean 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.
c.
PERSON – Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
d.
PET – Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
e.
PET SOLID WASTE – Shall mean waste matter expelled from the
bowels of the pet; excrement.
f.
PROPER DISPOSAL – Shall mean 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.
[1978 Code § 5-13.2; Ord. No. 800; Ord. No. 05-26]
The purpose of this section is to (1) protect the health, safety
and welfare of all those frequenting this Township, by preventing
the needless health hazards and nuisances caused by pet solid waste
upon public and private properties (2) protect the waterways from
stormwater runoff containing pet solid waste, within the Township
of Sparta.
[1978 Code § 5-13.3; Ord. No. 800; Ord. No. 05-26]
No person owning or in charge of any pet shall cause or allow
such pet to soil, defile, defecate upon or commit any nuisance upon
any private property without the permission of the owner of the property.
Any person owning or in charge of a pet which soils, defiles, defecates
or commits any such nuisance shall immediately remove all feces deposited
by such pet in a sanitary manner.
[1978 Code § 5-13.4; Ord. No. 800; Ord. No. 05-26]
No person owning or in charge of any pet shall cause or allow
such pet to soil, defile, defecate upon or commit any nuisance on
any place where people congregate or walk, or upon any public property.
Any person owning or in charge of a pet which soils, defiles, defecates
or commits any such nuisance shall immediately remove all feces deposited
by such pet in a sanitary manner.
[1978 Code § 5-13.5; Ord. No. 800; Ord. No. 05-26]
No person shall permit the accumulating of pet solid waste upon
his/her property, or property occupied by him/her, to the extent that
the odor may be noticeable to any adjoining property owners.
[1978 Code § 5-13.6; Ord. No. 800; Ord. No. 05-26]
The pet solid waste removed from the aforementioned designated
areas shall be disposed of by the person owning or in charge of any
such pet in a sealed, nonabsorbent, and leak-proof container. Disposition
in a sanitary manner shall include taking the solid waste home for
deposit, or wrapping the solid waste and placing same in a trash can.
It shall not include burial, disposal by placement in a storm sewer,
or placing unwrapped solid waste in a trash can.
[1978 Code § 5-13.7; Ord. No. 800; Ord. No. 05-26]
[1978 Code § 5-13.8; Ord. No. 800; Ord. No. 05-26]
In the event of a violation on private property, a complaint
is only to be filed by the owner of such property. In the event of
such a violation occurring on public property, thoroughfare, walkways
or parks, a complaint may be filed by any witness to such an action.
[Ord. No. 05-26]
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.
[Ord. No. 05-26]
The provisions of this section shall be enforced by the Animal
Control Officer, Police Department or Registered Environmental Health
Sanitarian.
[1978 Code § 5-16; Ord. No. 800]
Any person who violates any provision of this chapter may, upon
conviction thereof, be liable to a penalty up to $1,000 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.
[1978 Code § 5-13.9; Ord. No. 800]
It shall be the duty of the Animal Control Officer to enforce
the provisions of this Article.
[1]
Editor's Note: The 1978 Code contained a subsection referring
to Vicious Dogs (subsection 5-10.4).
[Ord. No. 950 § 5-10.4.1]
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 Township or his designee.
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. 950 § 5-10.4.2]
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 (as defined
in N.J.S.A. 2C:11-1(b)) to that person;
b.
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;
c.
Engaged in dog-fighting activities as defined by N.J.S.A. 4:22-24
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 Township Health Officer, the dog may be impounded
in a facility or other structure agreeable to the owner.
|
[Ord. No. 950 § 5-10.4.3]
The Animal Control Officer shall notify the Municipal Court
and the Township 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.
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. 950 § 5-10.4.4]
Notwithstanding any statutory or municipal provision to the
contrary, the Township 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. Notwithstanding any
provision of P.L. 1989, c.307 to the contrary, no municipality or
any of its employees shall have any liability by virtue of having
entered into any settlement agreement pursuant to this section, or
for any action or inaction related to the entry into such agreement,
for any injuries or damages caused thereafter by the dog. The Township
may, as a condition of the settlement agreement, also require that
the owner of the dog hold the Township harmless for any legal expenses
or fees the Township may incur in defending against any cause of action
brought against the town notwithstanding the prohibition against such
causes of action set forth in this section.
[Ord. No. 950 § 5-10-4.5]
The Municipal Court shall declare the dog vicious if it finds
by clear and convincing evidence that the dog:
a.
Killed a person or caused a serious bodily injury (as defined in
N.J.S.A. 2C: 11-1(b)) to a person; or
b.
Has engaged in dog-fighting activities as described in N.J.S.A. 4:22-24
and 26.
|
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. 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 during the pendency of an appeal.
|
[Ord. No. 950 § 5-10.4.6]
The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
a.
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
c.
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
|
A dog shall not be declared potentially dangerous for:
| |
|
1.
|
Causing bodily injury to a person if the dog was provoked, or
|
|
2.
|
Killing a domestic animal if the domestic animal was the aggressor.
|
|
The Township shall bear the burden of proof to demonstrate that
the dog was not provoked.
| |
[Ord. No. 950 § 5-10.4.7]
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 Township 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 required pursuant
to paragraph (3) 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 (combination or
key 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 homeowners policy, shall contain a provision
requiring the town 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. 950 § 5-10.4.8]
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 town 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 town pound, regardless of whether
the dog is ultimately found to be vicious or potentially dangerous.
[Ord. No. 950 § 5-10.4.9]
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. 950 § 5-10.4.10]
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 Township, the local Police Department, 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 Township, local Police Department, 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 licensing authority, Police
Department or force, and Animal Control Officer of that municipality
of the transfer of ownership and the name, address, and telephone
number of the new owner; and
[Ord. No. 950 § 5-10.4.11]
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 $1,000 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. 950 § 5-10.4.13]
The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with subsection 5-9.7(a).
[Ord. No. 950 § VI]
The annual license and registration fee for a Potentially Dangerous
Dog is $500 each.
