Township of West Deptford, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of West Deptford 6-18-1970 as Chapter XVII of the General Ordinances. Sections 82-15D(1) and 82-18B amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[Amended 5-4-2006 by Ord. No. 2006-10]
For the purpose of this ordinance, 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 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.
DOG
Any dog, male or female, altered or unaltered.
[Amended 9-20-1979 by Ord. No. 79.21]
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
IMMEDIATE
That the pet solid waste is removed at once, without delay.
[Added 5-4-2006 by Ord. No. 2006-10]
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
LEASH
Any rope, chain, strap or other restraining device.
[Added 9-20-1979 by Ord. No. 79-21]
OWNER/KEEPER
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.
[Added 5-4-2006 by Ord. No. 2006-10]
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
[Added 5-4-2006 by Ord. No. 2006-10]
PET
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
[Added 5-4-2006 by Ord. No. 2006-10]
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
[Added 5-4-2006 by Ord. No. 2006-10]
POUND
An establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
PROPER DISPOSAL
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.
[Added 5-4-2006 by Ord. No. 2006-10]
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
TOWNSHIP OFFICIAL
Any Township Code Enforcement Official, Township Police Department Officer, Gloucester County Animal Control Officer, the Municipal or Deputy Clerk, or any other official or person assigned or designated by Mayor and Council.
[Added 12-19-2018 by Ord. No. 2018-17]
VICIOUS DOG
Any dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals.
No person shall keep or harbor any dog of licensing age within the Township of West Deptford, in the County of Gloucester, without first obtaining a license therefor, to be issued by the Clerk of the township or any other individual or corporation duly authorized to issue such licenses by the Township Committee of the Township of West Deptford, upon application by the owner and payment of the prescribed fee, and no person shall keep or harbor any dog in said township except in compliance with the provisions of this chapter.
A. 
Procurement of tag and license. Any person who shall own, keep or harbor a dog of licensing age shall, in the month of January, apply for and procure from the licensing official in the township a license and an official metal registration tag for each such dog so owned, kept or harbored, and shall place upon such dog a collar or harness with the registration tag securely fastened thereto.
B. 
Application: information required; preservation of records. The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought and whether it is a long- or short-haired variety; also the name, street and post office address of the owner and the person who shall keep or harbor such dog. The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the custodian of records or other local official designated to license dogs in the municipality. In addition, such official or officials shall forward similar information to the State Department of Health each month on forms furnished by the said Department. Registration numbers shall be issued in the order of the applications.
C. 
Fees: annual sum; exemption.
(1) 
There shall be a fee to license and obtain a registration tag for each dog within the township. Applications made after January 31 of any year may be subject to a late fee. The fees are set forth in Chapter 11.
[Amended 9-20-1979 by Ord. No. 79-21; 3-10-2011 by Ord. No. 2011-01]
(2) 
The fee representing the cost of administration and set forth in Chapter 11, shall be charged for replacement tags issued when an original tag is lost, stolen, destroyed or otherwise missing.
[Amended 3-10-2011 by Ord. No. 2011-01]
(3) 
Licenses and registration tags issued pursuant to this chapter shall expire on the last day of January in each year.
(4) 
Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor. Dogs licensed pursuant to § 82-7 are totally exempt from the provisions of this section.
D. 
Prerequisite: antirabies inoculation. No person in the Township of West Deptford shall own, possess, harbor or have in custody any dog over seven months of age unless such dog has been vaccinated or inoculated against rabies by a licensed veterinarian. Such vaccination or inoculation shall consist of an antirabies vaccine of standard and accepted quality and formula, the duration of which shall be noted on the vaccination certificate or tag. No license or registration tag shall be issued unless proof of rabies vaccination or inoculation has been presented to the Township Clerk.
[Added 9-20-1979 by Ord. No. 79-21]
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.
A. 
Licensed. Any person who shall bring or cause to be brought into the Township of West Deptford, in the County of Gloucester, 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 such dog be licensed under Section 82-7.
B. 
Unlicensed. 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 such dog be licensed under Section 82-7.
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.
A. 
License required. 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 of the township or other local official designated to license dogs in the municipality for a license entitling him to keep or operate such establishment.
B. 
Application requirements. The application shall describe the premises where the establishment is located or is proposed to be located and the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the Health Officer of the Board of Health of the township, showing compliance with the local and State rules and regulations governing location of and sanitation at such establishments.
C. 
License information; expiration; revocation. 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 the last day of January of each year and be subject to revocation by the Township Committee on recommendations of the State Department of Health or the Board of Health of the township for failure to comply with the rules and regulations of the State Department or the Board of Health of the township governing the same, after the owner has been afforded a hearing by either the State Department or the Board of Health of the township.
D. 
Other license; transferability. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishment; such licenses shall not be transferable to another owner or different premises.
[Amended 3-10-2011 by Ord. No. 2011-01]
The annual fee for a kennel providing accommodations for 10 or less dogs, and for more than 10 dogs, shall be as set forth in Chapter 11. The annual license fee for a pet shop shall be as set forth in Chapter 11. No fee shall be charged for a shelter or pound.
The Clerk of the township or other local official designated to license dogs in the municipality 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 kind of license issued.
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 other safe control.
The Township Committee shall have the power to employ Animal Wardens, whose duty it shall be to enforce the provisions of this chapter.
The Township Committee of the township shall cause a canvass to be made annually in February of all dogs owned, kept or harbored within the limits of the township and shall report to the Clerk of the township, the Board of Health of the township 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 of said persons, together with the registration numbers of each of said dogs, and the number of unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.
A. 
Seizure of dogs. An Animal Warden of the township shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or disposed of as provided in Subsections B and C:
(1) 
Any dog off the premises of the owner or of the person keeping or harboring said dog which is violating § 82-14C, D or E.
(2) 
Any dog without a current registration tag on his collar.
B. 
Notice to owner.
(1) 
If any dog so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or the owner or the person keeping or harboring said dog is known, the Animal Warden shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said dog, if known, a notice in writing stating that the dog has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after the service of the notice.
(2) 
A notice under this section 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 post 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.
C. 
When any dog so seized has been detained for seven days after notice, when notice can be given as above set forth, or has been detained for seven days after seizure, when notice has not been and cannot be given as above set forth, and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention, including maintenance not exceeding $5 for the first day of such detention and $3 for each day thereafter, and if the dog be unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Warden may cause the dog to be destroyed in a manner causing as little pain as possible.
[Amended 9-20-1979 by Ord. No. 79-21]
D. 
Records: report of seizure, report of sums collected. The Animal Warden employed by the township shall make a monthly report to the Township Committee, which report shall contain:
(1) 
The number of dogs seized during the preceding month.
(2) 
The number of dogs which have been destroyed pursuant to the provisions of this chapter.
(3) 
The amount of fees and costs recovered by the Animal Warden in enforcing provisions of this chapter.
E. 
Entry. Any officer 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 or dogs which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if said owner is present and forbids the same.
F. 
Interference. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.
G. 
Employment of veterinarian. The Animal Warden may employ a veterinarian whenever he deems it necessary in order to properly care for and maintain an injured animal. When a veterinarian fee has been paid or incurred for the care or treatment of any animal, such animal shall not thereafter be redeemed without payment by the owner of such fee, in addition to any and all other fees, so as to reimburse the township for its cost for veterinarian service for such animal.
[Added 9-20-1979 by Ord. No. 79-21]
A. 
Habitual barking or crying. No person shall keep, harbor or maintain any dog which habitually barks or cries between the hours of 10:00 p.m. and 6:00 a.m.
B. 
Animals running at large: prohibition. No person owning, keeping or harboring any dog, cat or other animal shall suffer or permit it to run at large upon the public streets or upon private property without the permission of the owner of such property.
[Amended 9-20-1979 by Ord. No. 79-21]
C. 
Leash required: streets. No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the Township of West Deptford 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.
D. 
Curbing of dogs. No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common township sidewalk, play area, park or any place where people congregate or walk upon any public property whatsoever or upon any private property without the permission of the owner of said property. Any person owning, harboring, keeping or in charge of any such dog shall immediately remove all feces deposited by such dog. Sanitary methods for removing all feces are mechanical devices such as pooch-scoops, small shovels, etc. All feces removed by the person owning, harboring, keeping or in charge of any such dog shall dispose of all feces in a sanitary manner such as a sealed, nonabsorbent, leakproof container or by any sanitary method approved by the local Board of Health. The provisions of this subsection shall not apply to Seeing Eye dogs.
[Added 9-20-1979 by Ord. No. 79-21]
E. 
Female dogs and cats in season. No person owning or having charge, care, custody or control of any female dog or cat in season shall permit such dog or cat to run loose, whether on private or public property. Any such dog or cat in season shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding.
[Added 9-20-1979 by Ord. No. 79-21]
F. 
Injury to private property. No person owning, keeping or harboring a dog or any other animal shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property, other than the property of such owner.
[Amended 9-20-1979 by Ord. No. 79-21]
A. 
Regulation. Any dog determined to be vicious in accordance with the definition contained in § 82-1 shall be subject to the regulations hereinafter provided.
B. 
Enforcement official: duties. The Animal Wardens employed by the township are hereby made the enforcement official of this section and it shall be their duty to receive and investigate complaints made against any dog within the township. When probable cause exists that any dog so investigated is a vicious dog as defined under the provisions of this chapter, said enforcement official shall cause a complaint and summons to be issued against the owner of said dog.
C. 
Enforcement procedures.
(1) 
The complaint issued by the enforcement officer under this provision shall state a time when a hearing will be held before the Municipal Court Judge of West Deptford Township to determine whether the dog in question is or is not a vicious dog.
(2) 
The Municipal Court Judge at the time set for such a hearing shall inquire into the facts and give all interested persons an opportunity to be heard under oath and be represented by counsel, and the Municipal Court Judge shall decide in accordance with the evidence before him whether the dog in question is a vicious dog as defined by the provisions of this chapter.
(3) 
If the dog in question is determined to be a vicious dog according to the provisions of this section, the Municipal Court Judge of the township shall cause an order to be issued and served upon the owner of said dog.
D. 
Court orders: provisions, destruction of vicious dogs. The court order issued pursuant to this section may provide for any of the following remedies which the Municipal Court Judge, at his discretion, shall determine is the best procedure to follow to ensure the continued health, safety and welfare of the inhabitants of the township:
(1) 
The vicious dog, subject to a complaint issued pursuant to this section, shall not be allowed by its owner to run at large upon any private or public street or in any private or public place within the township except while securely muzzled and under a leash. Any person violating this provision shall be subject to the penalties set forth in Chapter 1, General Provisions, § 1-15.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(2) 
The vicious dog, subject to a complaint issued pursuant to this section shall be taken into custody by the Animal Warden of the township as soon as practical, who shall cause the dog to be destroyed in a manner causing as little pain as possible. The owner of the dog in question shall be subject to the costs necessitated by the administration of this provision.
A. 
License fees and other moneys collected or received under provisions of this chapter, except registration tag fees, shall be forwarded to the Treasurer of the township within 30 days after collection or receipt.
B. 
The registration tag fees collected pursuant to § 82-3 shall be forwarded within 30 days of collection by the Clerk to the State Department of Health.
[Added 9-20-1979 by Ord. No. 79-21]
A. 
Injured animals. Any person who has injured or killed an animal with a motor vehicle shall stop said vehicle and promptly notify either the police or the owner of the animal.
B. 
Disposal of unwanted animals: fee. The owner of any unwanted animal seized or held by the township pursuant to this chapter shall pay a disposal service fee equivalent to the then current fee charged by the S.P.C.A.
C. 
Knowledge or suspicion of rabies. If a dog, cat or other animal is known or believed to have rabies or has been bitten by a dog or cat or other animal known or suspected of having rabies, the owner of such animals shall have the animal confined for a period specified by the State Department of Health for observation.
[Added 9-20-1979 by Ord. No. 79-21]
A. 
Fines for violation of certain regulations. Owners of animals who are found in violation of any of the subsections of Section 82-14, Regulation of dogs, cats and other animals, shall be subject to the imposition of the fines as set forth in Chapter 11 for each such offense. The Animal Warden shall issue notices of violation in ticket form.
[Amended 3-10-2011 by Ord. No. 2011-01]
B. 
Other fines and penalties. Any person violating the provisions of this chapter, other than Subsection A above, shall be subject to the general penalty provisions set forth in Chapter 1, General Provisions § 1-15.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Added 5-4-2006 by Ord. No. 2006-10]
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.
[Added 5-4-2006 by Ord. No. 2006-10]
Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of Section 82-19 while such animal is being used for that purpose.
[Added 5-4-2006 by Ord. No. 2006-10; amended 12-19-2018 by Ord. No. 2018-17]
A. 
The Township Official shall enforce the provisions of this Article. Nothing herein shall prohibit a private citizen from bringing or signing a complaint for an alleged violation of this Article.
B. 
Animal Cruelty Investigations. Gloucester County Animal Control Officers (GCACO), or other designee, may investigate, and/or require compliance for violations pursuant to N.J.S.A. 4:22. In the event the GCACO, or designee sees, or recognizes a potential violation of law, or the need arises where an investigation is warranted; then the GCACO shall make report said matter to the Municipal Humane Law Enforcement Officer for further action. The GCACO may continue to participate in the investigation as requested or required.
[Added 5-4-2006 by Ord. No. 2006-10]
Each section, subsection, sentence, clause and phrase of this chapter is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this chapter to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this chapter.
[Adopted 5-18-2016 by Ord. No. 2016-07]
ANIMAL CARE FACILITY
An animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is in whole or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
ANIMAL RESCUE ORGANIZATION
Any not-for-profit organization which has tax-exempt status under Section 501 (c)(3) of the United States Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
CAT
A member of the species of domestic cat, Felis catus.
DOG
A member of the species of domestic dog, Canis familiaris.
OFFER FOR SALE
To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
PET SHOP
A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.
A. 
A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:
(1) 
An animal care facility; or
(2) 
An animal rescue organization; or
(3) 
A hobby breeder.
B. 
A pet shop shall not offer for sale a dog or cat this is younger than eight weeks old.