[Ord. #7/15/74; Ord. #03-1277 § 1; Ord. #19-1703]
As used in this chapter:
a.
ALTERED
– Shall mean rendered permanently incapable of reproduction
through neuter, spay, or other process as certified by a licensed
veterinarian.
b.
ANIMAL
– For the purpose of this chapter shall mean dog, cat, or other
domesticated species.
c.
ANIMAL
CONTROL AUTHORITY – Shall mean any person or agency designated
or certified by the State of New Jersey to enforce the provisions
of this chapter.
d.
CAT
– Shall mean any member of the domestic feline species; male,
female, or altered.
e.
CAT
OF REGISTERING AGE – Shall mean any cat which has attained the
age of three months.
f.
CATTERY
– Shall mean any room or group of rooms, cage, or exhibition
pen, not part of a kennel, wherein cats for sale are kept or displayed.
g.
CHICKEN
TRACTOR – Is defined as a mobile cage or coop that fully encloses
the chickens, but which is bottomless to allow chickens direct access
to the ground.
h.
DOG
– Shall mean any dog, bitch or spayed bitch.
i.
DOG
OF LICENSING AGE – Shall mean any dog which has attained the
age of three months except where a delay is ordered due to a medical
condition. A written certificate of exception must be issued by a
practicing veterinarian; it must state the condition(s) or reasons
why in their professional opinion the exception is recommended and
specifying the date when vaccination may be given.
j.
DOMESTIC
ANIMAL – Shall mean an animal that has been tamed and kept by
humans as a work animal, food source, or pet, especially a member
of those species that have, through selective breeding, become notably
different from their wild ancestors.
k.
KENNEL
– Shall mean any establishment where the business of boarding
or selling dogs/cats or breeding dogs/cats for sale is carried on,
except a pet shop.
l.
OWNER
– When applied to the proprietorship of a domestic animal shall
include every person having a right of property (or custody) in such
domestic animal and every person who has such domestic animal in his/her
keeping, or who intentionally harbors or maintains a domestic animal.
m.
PERSON
– Shall mean any individual, corporation, partnership, organization
or institution commonly recognized by law as a unit.
n.
PET
– A domesticated animal kept for pleasure rather than utility.
o.
PET
SHOP – Shall mean any room, group of rooms, cage or exhibition
bin, not part of a kennel, where dogs/cats for sale are kept or displayed.
p.
POUND
– Shall mean an establishment for the confinement of dogs/cats
seized either under the provisions of the chapter or otherwise.
q.
REGISTERING
AUTHORITY – Shall mean the agency or department of the Township
of Hopewell or any designated representative thereof charged with
administering the issuance and/or revocation of permits and licenses
under the provisions of this chapter.
r.
RUN
AT LARGE – Shall mean and include the running or standing of
any domestic animal on any street or other public place or any private
property where permission for the animal to be has not been granted,
and where the animal is unattended and not under the immediate control
of some responsible person able to control the animal.
s.
SHELTER
– Shall mean any establishment where domestic animals are received,
housed and distributed.
t.
WORKING
FARM – Shall mean any parcel of five acres or more which is
actively devoted to agricultural use and which supports an owner,
manager, or operator who is engaged in the growing, raising and producing
of farm products as a primary occupation.
No person shall keep, harbor or maintain any dog of licensing
age, within the township, without first obtaining a license therefor,
to be issued by the board of health upon application by the owner
and payment of the prescribed fee, and no person shall keep, harbor
or maintain the dog in the township except in compliance with the
provisions of this chapter.
a.
New Dogs. 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 and shall pay the necessary
fee for the same within 20 days after such acquisition or age attainment.
New residents of the township shall procure the license tag within
60 days of establishing residence.
b.
Rabies Vaccination. No license shall be issued unless the application
is accompanied by a certificate issued by a veterinarian or municipal
clinic, which certificate shall certify that the dog is immunized
against the disease of rabies and the duration of immunity is compliant
with current New Jersey Department of Health and Senior Services regulations
or guidelines. Vaccination may be delayed due to a medical condition.
A practicing veterinarian must issue a written certificate of exception.
It must state the condition(s) or reasons why the exception is recommended
and specify the date when vaccination may be given.
c.
Fees and Renewal. Persons applying for the license and registration tag or renewal thereof shall pay an annual fee as established in Chapter 10. The licenses, registration tags and renewals shall expire annually on January 31. The failure of an owner to renew on or before January 31 shall cause the owner to pay a late registration fee as established in subsection 10-4.1b.
d.
Registration Tag. Any person who shall own, harbor or maintain a
dog of licensing age shall in the month of January of each year or
upon acquisition thereof procure from the board of health or such
other official as may hereafter be designated by resolution of the
township committee, a dog license and official metal registration
tag for each such dog owned, maintained, or harbored and shall place
upon each such dog a collar or harness with the registration tag securely
fastened thereto.
e.
Changing Tags Prohibited. No person shall attach a registration tag
to a dog for which it was not issued.
[Ord. #91-884; Ord. #93-941; Ord. #03-1277; Ord. #08-1429;
Ord. #19-1703]
No person shall keep, harbor or maintain any cat of licensing
age, within the township, without first obtaining a license therefor,
to be issued by the board of health upon application by the owner
and payment of the prescribed fee, and no person shall keep, harbor
or maintain the cat in the township except in compliance with the
provisions of this chapter. The provisions of this subsection do not
apply to cats held in a cattery, or those held by a State or Federal
licensed research facility, or a veterinary establishment where cats
are received or kept for diagnostic, medical, surgical, or other treatments,
or licensed animal shelters, pounds, kennels, or pet shops.
a.
New Cats. The owner of any newly acquired cat of licensing age or
of any cat which attains licensing age shall make application for
license and registration tag for such cat and shall pay the necessary
fee for the same within 20 days after such acquisition or age attainment.
New residents of the township shall procure the license tag within
60 days of establishing residence.
b.
Rabies Vaccination. No license shall be issued unless the application
is accompanied by a certificate issued by a veterinarian or municipal
clinic, which certificate shall certify that the cat is immunized
against the disease of rabies and the duration of immunity is compliant
with current New Jersey Department of Health and Senior Services regulations
or guidelines. Vaccination may be delayed due to a medical condition.
A practicing veterinarian must issue a written certificate of exception.
It must state the condition(s) or reasons why the exception is recommended
and specify the date when vaccination may be given.
c.
Fees and Renewal. Persons applying for the license and registration tag or renewal thereof shall pay an annual fee as established in Chapter 10. The licenses, registration tags and renewals shall expire annually on January 31. The failure of an owner to renew on or before January 31 shall cause the owner to pay a late registration fee as established in subsection 10-4.8c.
d.
Registration Tag. Any person who shall own, harbor or maintain a
cat of licensing age shall in the month of January of each year or
upon acquisition thereof procure from the board of health or such
other official as may hereafter be designated by resolution of the
township committee, a cat license and official metal registration
tag for each such cat owned, maintained, or harbored and shall place
upon each such cat a collar or harness with the registration tag securely
fastened thereto.
e.
Changing Tags Prohibited. No person shall attach a registration tag
to a cat for which it was not issued.
[Ord. #7/15/74; Ord. #03-1277; Ord. BOH:2004-2; Ord. #19-1703]
No person owning, keeping, maintaining or harboring a domestic
animal shall permit, suffer or allow their pet to:
a.
Run at large upon any of the public streets, or upon any private
property, except upon premises where permission has been given by
the owner.
b.
All dogs, while off the premises of the owner or other authorized
location, shall be accompanied by a responsible person able to control
the animal and be securely confined and controlled by an adequate
leash not more than six feet long.
c.
Bark, cry, whine, howl or otherwise disturb the peace or quiet of
the neighborhood or sleep of any person for any unreasonable length
of time; any domestic animal that frequently, or for continued duration,
makes sounds that create a noise disturbance across a residential
property line. For the purpose of this provision, a noise disturbance
from a pet animal shall be defined as that created by a pet animal
making noise continually for 10 minutes or intermittently for 30 minutes
unless provoked.
d.
Cause any injury to any persons, domestic animals, or cause continued
disturbance to any person.
e.
Allow a domestic animal to do any damage to any lawn, shrubbery,
flowers, grounds or other property or run through or cross any cultivated
gardens or fields.
f.
Be or become a public nuisance or to create a condition hazardous
to safety and health.
g.
The owner of a female dog in season shall confine such dog in a kennel
or other enclosure in such manner as to prevent its being a neighborhood
annoyance and so as to isolate such dog from access by male dogs.
h.
Any cat shall be considered a public nuisance if it has no owner
or custodian; if it has no place of care, or shelter; or if it trespasses
upon or damages either private or public property; or if it bites,
scratches or harms persons within the township.
i.
No residential property shall contain, keep, harbor or maintain for the purpose of breeding, training or sale, more than four dogs of licensing age at one time within the limits of the township except in a licensed kennel or pet shop, excepting dogs that are held and confined in a shelter or pound under the provisions of this chapter. Exceptions to this provision may be granted in accordance with the use variance procedures set forth in Chapter 17.
[Ord. #7/15/74; Ord. #19-1703]
Whenever a human is bitten by a domestic animal, the following
requirements shall be met:
a.
Whenever any person is bitten by a domestic animal, the owner or
person in charge of the animal shall immediately secure the same and
keep it alive and confined until receipt of a notice or order from
the local board of health. The owner or person in charge of the animal
shall make a report to the local board of health or to the police
department within 24 hours of the bite.
b.
Whenever any person is bitten by a domestic animal or is bitten by
any animal suspected of having rabies, the owner or person in charge,
the victim or his guardian, the physician attending and any person
having knowledge of the occurrence shall make a report to the local
board of health or to the police department within 24 hours of the
bite. Notification shall state where the animal may be found.
[Ord. #BH: 2004-2; Ord. #19-1703]
To protect the health, safety and welfare of all those frequenting
this township, by preventing the needless health hazards, nuisances
and surface water contamination caused by pet wastes (feces) upon
public and private property, the following standards shall apply to
pet waste management:
a.
No person owning or in charge of any pet shall cause or allow such
pet to soil, defile, defecate or do damage 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 waste deposited by such pet in a sanitary manner.
b.
No person owning or in charge of any pet shall cause or allow such
pet to soil, defile, defecate or do damage 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 pet waste
deposited by such pet in a sanitary manner.
c.
No person shall permit the accumulation of pet waste upon their property,
or property occupied by them, to the extent that the odor may be noticeable
to the adjoining property owners, attract insects or rodents and/or
become a source of pollution.
d.
The pet 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, leak proof container. Disposition in a sanitary
manner shall include taking the pet waste home for disposal, placing
it in a sealable plastic bag or wrapping and placing same in a trash
can. Disposal shall not include burial, disposal by placement in a
storm sewer, or placing unwrapped pet waste in a trash can.
e.
It shall be a complete defense to violations of the above subsections
if a person shall have immediately removed such pet waste and disposed
of it in a sanitary manner.
f.
The provision of this section shall not apply to disabled persons
who may use their dogs as guides unless accompanied by a sighted person.
g.
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 act.
h.
The animal control officer, police officer, registered environmental
health specialist, public health investigator, or any other authorized
representative of the township, may enforce the provisions of this
section. A property owner may enforce this section by filing a complaint
in municipal court.
[Ord. #11-1151; Ord. #19-1703]
Chickens kept pursuant to the definition of "home agriculture" set forth in Chapter 22, Section 22-3 of the Right to Farm Ordinance shall be subject to the following requirements:
a.
Minimum Lot Size. A minimum lot size of 1/2 acre is required to keep
chickens pursuant to this section.
b.
Number of Allowable Chickens. No more than six chickens may be kept
on any parcel that meets the minimum lot size. For each additional
one-half acre, four additional chickens may be kept.
c.
Roosters and Cockerels. Mature roosters are prohibited; however,
roosters may visit the property for the purpose of fertilization so
long as there are no more than 10 days of visitation per parcel in
any twelve-month period, and no more than five days consecutively,
and provided the roosters are certified as healthy by the New Jersey
Department of Agriculture. Any cockerel (defined as a young male chicken)
that crows must be culled or permanently removed from the property
within five days. If there are any crowing roosters or cockerels on
a parcel for more than 20 days in any calendar year, all roosters
are prohibited from the property for at least a 24-month period.
d.
Slaughtering. Slaughtering chickens in public view is prohibited.
e.
Required Shelters. Chickens shall be provided, and shall remain within,
a fully enclosed shelter with an optional fenced enclosure.
1.
Shelters and enclosures shall be located in the rear yard.
2.
Shelters and enclosures shall be located at least 25 feet from any
property line and at least 50 feet from any residential structure
on an adjoining property.
3.
Shelters shall not exceed 150 square feet in size or 14 feet in height.
4.
No shelter may be utilized without first having received a shelter
permit from the zoning officer and any other State or local permit
required.
5.
Fences shall not exceed six feet in height.
6.
The use of enclosed mobile "chicken tractors" is permitted as a supplement
to, but not a replacement for, a fully enclosed shelter. Chicken tractors
must remain within the boundaries defined herein, and may not be used
as overnight shelters.
f.
Waste Storage. Storage of manure, excreta, other waste odor or dust-producing
substances associated therewith shall be located at least 25 feet
from any lot line and at least 50 feet from any residential structure
on an adjoining property, and shall be properly composted per health
code or USDA guidelines or kept in a watertight container until it
can be disposed of in a proper fashion off site.
g.
Feed Storage. Animal feed stored outdoors shall be kept in metal
containers with tightly-fitting lids.
h.
No Running at Large. No person owning, keeping, maintaining or harboring
a chicken shall permit, suffer or allow a chicken to run at large
upon any public streets or upon any private property except upon premises
where permission has been given by the owner.
i.
No Disturbing the Peace. No person owning, keeping, maintaining or
harboring a chicken shall permit, suffer or allow a chicken to disturb
the peace or quiet of the neighborhood by creating a noise across
a residential property line continually for 10 minutes or intermittently
for 30 minutes, unless provoked.
[Ord. #7/15/74; New; Ord. #19-1703]
All kennels, shelters, pounds and pet shops shall comply with
the following requirements:
a.
License Required. Any person who keeps, operates, or proposes to
establish a kennel, pet shop, shelter or pound shall apply to the
board of health or other designated official for a license entitling
him to keep or operate such establishment.
b.
Application. The application shall describe the premises where the
establishment is located or is proposed to be located, the purpose
for which it is to be maintained and shall be accompanied by the written
approval of the zoning officer and the board of health of the township
showing compliance with the local and State rules and regulations
governing location and sanitation at such establishment.
d.
Expiration and Revocation. All licenses issued for a kennel, pet
shop, shelter or pound shall state the purpose for which the establishment
is maintained. All such licenses shall expire on the last day of January
of each year. They shall be subject to revocation by the township
committee on recommendation of the State department of health or the
board of health of the township for failure to comply with the applicable
rules and regulations of the State department or the local board after
the owner has been afforded a hearing by either the State department
or local board.
e.
Exemption from Individual Dog Licenses. 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 license shall
not be transferable to another owner or to different premises. Exempt
dogs must wear identification tags while off premises.
[Ord. #7/15/74; Ord. #03-1277; Ord. #19-1703]
The position of animal control officer is hereby created, and
employment of a qualified person for that position is hereby authorized.
The township committee is hereby empowered to appoint an animal
control officer and deputy animal control officer(s) or may designate
some other authority to enforce the provisions of this chapter.
The township committee shall also have the power to enter into
a contract with one or more persons either individual or corporate
to exercise the duties of an animal control officer to enforce the
provisions of this chapter.
All police officers of the township and the animal control officers,
if any, are hereby given full power and authority, and are charged
with the duty to enforce this chapter.
The following shall apply to Animal Control Officer and Deputy
Animal Control Officer:
a.
Appointment and Compensation. The animal control officer shall be
appointed by the township committee and shall receive such compensation
as is provided by ordinance or by resolution of the township committee.
b.
Qualifications. The animal control officer shall be certified pursuant
to N.J.S.A. 4:19-15.16a.
c.
Powers and Duties. The animal control officer shall have the power
and authority, within the jurisdiction of the Township of Hopewell,
to:
[Ord. #19-1703]
The position of municipal humane law enforcement officer is
hereby created, and employment of a qualified person for that position
is hereby authorized.
The township committee is hereby empowered to appoint municipal
humane law enforcement officer(s) or may designate some other authority
to enforce the provisions of this chapter.
The township committee shall also have the power to enter into
a contract with one or more persons either individual or corporate
to exercise the duties of a municipal humane law enforcement officer
to enforce the provisions of this chapter.
The following shall apply to municipal humane law enforcement
officer:
a.
Appointment and Compensation. The municipal humane law enforcement
officer shall be appointed by the township committee and shall receive
such compensation as is provided by ordinance or by resolution of
the township committee.
b.
Qualifications. The municipal humane law enforcement officer shall
be certified pursuant to N.J.S.A. 4:19-15.16a.
1.
Enforcement of all Animal Welfare and Animal Cruelty Laws of the
State and Ordinances of the Municipality.
2.
Investigate and sign complaints concerning any violations of an Animal
Welfare or Animal Cruelty Law of the State or Ordinance of the Municipality.
3.
Act as an Officer for the detection, apprehension and arrest of offenders
against the Animal Welfare or Animal Cruelty Law of the State or Ordinance
of the Municipality.
5.
Such other powers and duties required under ordinance or at law.
[Ord. #7/15/74; Ord. #19-1703]
The expense encountered in holding and keeping a domestic animal for the above stated seven days or part thereof, shall be paid by the domestic animal's owner claiming as provided in Chapter 10.
[New; Ord. #08-1429, § 1; Ord. #19-1703]
Any person who violates or who fails or refuses to comply with this chapter, shall be liable to a penalty as prescribed in Chapter 3, Law Enforcement Regulations, Section 3-1 of this Code for each and every offense, except for the first offense for failure to secure a license, the penalty shall be $50. Owner must provide court with proof of license having been issued.
[Ord. #19-1703]
All other ordinances of the Township of Hopewell which are in
conflict with this chapter are hereby repealed to the extent of such
conflict.
[Ord. #91-884, § 1; Ord. #19-1703]
If any part of this chapter shall be invalid, such parts shall
be deemed severable and the invalidity thereof shall not affect the
remaining part of this ordinance.
