[Ord. 1977-10, § 1;
Ord. #1978-7, § 1; Ord. #1981-8, § 1; Ord. #1983-8,
§ 1; Ord. #1988-15, § 1; Ord. #1990-7, § 1;
Ord. #1991-10, § 1; Ord. #2002-8, § 1]
Pursuant to the provisions of Chapter 151 of the Laws of 1941,
its amendments and supplements (N.J.S.A. 4:19-15.1) and particularly
N.J.S.A. 4:19-15.3, the sum to be paid annually for a dog license
and each renewal thereof, shall be as established in Schedule C. In addition to the aforesaid license fee there shall be
collected from each person licensing a dog, the dog registration tag
fee payable to the State of New Jersey in accordance with N.J.S.A.
4:19-15.3, a fee as established in Schedule C for any dog of reproductive age which has not had its
reproductive capacity permanently altered through sterilization which
shall be forwarded to the State Treasurer pursuant to P.L. 1983, Chapter
172 for deposit in the "Animal Population Control Fund"; and a fee
of twenty ($0.20) cents to be forwarded to the State Treasurer pursuant
to P.L. 1983, Chapter 181 for deposit in the "Pilot Clinic Fund."
[Ord. #1977-10, § 2]
The Township Clerk is hereby designated as the official to issue
dog licenses.
[Ord. #1977-10, § 3]
It shall be unlawful for any person owning, keeping, harboring
or having custody or possession of any dog, whether registered or
not, to permit such dog to be at any place in the Township other than
on the premises of such person, unless such dog be led by a leash
in the hands of a person capable of leading and controlling such dog,
or shall be securely confined in an automobile or carried securely
in the arms of a person capable of controlling the dog.
[Ord. #1977-10, § 4]
Nothing herein shall prohibit a dog being used for the purpose
of hunting legal game within the seasons as provided by Statute or
being trained for the hunting of legal game or actively participating
in field trials or dog shows, provided that the dog is, during such
time that it is so being used or trained, or participating in such
show, under the immediate control of a person actually able to physically
restrain the dog.
[Ord. #1977-10, § 5]
Any dog found off the premises of such person in violation of
this section shall be taken into custody and impounded by the police
authority or any person appointed for the purpose of taking and impounding
dogs by the Township Committee and thereafter destroyed or disposed
of as provided by N.J.R.S. 4:19-15.16. This remedy shall not exclude
imposition of the fine provided for in this section.
[Ord. #1977-10, § 6]
It shall be unlawful for any person to entice, either by bait,
threats, assault or other means, any dog into an act or acts in violation
of any of the provisions of this section.
[Ord. #1977-10, § 7]
No person shall keep, harbor or maintain any dog which habitually
barks, whines, howls or makes other disturbing noises.
[Ord. #1977-10, § 8; Ord. #1991-4, § 1;
Ord. #2002-8, § 1]
a. Definitions. As used in this Chapter:
VICIOUS DOG
Shall mean any dog or dog hybrid declared vicious pursuant
to N.J.S.A. 4:19-22.
b. State Law Incorporated by Reference. The State Statute governing
vicious and potentially dangerous dogs, N.J.S.A. 4:19-17 et seq. as
amended and supplemented is hereby incorporated in this subsection
by reference.
c. Liability of Owner for Costs of Impoundment and Destruction. If a
dog is declared vicious or potentially dangerous pursuant to N.J.S.A.
4:19-17 et seq. and all appeals pertaining thereto have been exhausted,
the owner of the dog shall be liable to the Township of Tabernacle
for the cost and expenses of impounding a vicious or potentially dangerous
dog in the Municipal Pound in the amount of $4 per day and of destroying
a vicious dog in the amount of $35.
d. Licensing, Registration and Identification of Potentially Dangerous
Dogs. The owner of a dog declared potentially dangerous pursuant to
N.J.S.A. 4:19-23 shall apply to the Township Clerk for a potentially
dangerous dog license, municipal registration number and red identification
tag. The Township Clerk shall issue same upon written verification
from the Municipal Animal Control Officer that the owner has complied
with the orders of the panel convened pursuant to N.J.S.A. 4:19-21.
The owner shall annually renew said potentially dangerous dog license.
The fee for issuance of a potentially dangerous dog license
and for each annual renewal thereof shall be as established in Schedule
C.
e. Telephone Number for Reporting Violations of N.J.S.A. 4:19-17 et
seq. The Township Administrator shall publicize a telephone number
for reporting violations of the Act establishing requirements for
owners of vicious and potentially dangerous dogs, N.J.S.A. 4:19-17
et seq., and shall forward this number to the State Department of
Health.
[Ord. #1977-10, § 9]
Any dog found off of the premises of the owner or person harboring
or maintaining such dog in violation of the provisions of this Chapter,
shall be prima facie presumed to be off such premises with the permission
or consent of the owner or other person.
[Ord. No. 1998-9; Ord. No. 2015-12]
Any person who violates or who fails or refuses to comply with this Chapter, except for subsection
5-1.1 entitled "Dog License Fee," shall be liable for a penalty of not less than $5 nor more than $1,000 for each and every offense, except that for the first offense the penalty shall be not less than one ($1.00) dollar and not more than $50.
Any person who fails or refuses to secure a dog license as required under subsection
5-1.1 entitled "Dog License Fee" shall be liable for a penalty in the amount of $50 plus $30 in court costs.
[Ord. #2005-14, § I]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in Tabernacle Township, so
as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
[Ord. #2005-14, § II]
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
number include the plural number. The word "shall" is always mandatory
and not merely directory.
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without
delay.
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.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
PET
Shall mean a domesticated animal (other than disability assistance
animal) kept for amusement or companionship.
PET SOLID WASTE
Shall mean waste matter expelled from the bowels of the pet;
excrement.
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.
[Ord. #2005-14, § III]
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.
[Ord. #2005-14, § IV]
The provisions of this section shall be enforced by the New
Jersey State Police and Code Enforcement Officer of Tabernacle Township.
[Ord. #2005-14, § V]
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 $1,200.
[Ord. #2005-20, § 2]
For the purpose of this section, the following terms shall have
the meaning set forth in this section. When not inconsistent with
the context, words used in the present tense include the future, words
in the plural number include the singular, words in the singular number
include the plural, and words in the male gender include the female
gender.
ABANDONED
Shall mean that an owner or caregiver has forsaken a domesticated
cat entirely, or has neglected or refused to provide care and support
of the cat.
ANIMAL CONTROL OFFICER
Shall mean any person employed or appointed by the Township
who is authorized to investigate violations of laws and regulations
concerning animals, and to issue citations in accordance with New
Jersey law and this Code.
CAREGIVER
Shall mean any person who provides food, water or shelter
to or otherwise cares for a cat.
DOMESTICATED CAT
Shall mean a cat that is socialized to humans and is appropriate
as a companion for humans.
EARTIPPING
Shall mean straight-line cutting of the tip of the left ear
of a cat while the cat is anesthetized.
FERAL CAT
Shall mean a cat that exists in a wild or untamed state,
either due to birth or reversion to a wild state from domestication.
The usual and consistent temperament of a feral cat is extreme fear
and resistance to contact with humans. Feral cats are completely or
substantially unsocialized to humans.
FERAL CAT COLONY
Shall mean a group of cats that congregates, more or less,
together as a unit. Although not every cat in a colony may be feral,
any nonferal cats that congregate with a colony shall be deemed to
be a part of it.
NUISANCE
Shall mean disturbing the peace by (a) habitually or continually
howling, crying or screaming, or (b) the habitual and significant
destruction, desecration or soiling of property against the wishes
of the owner of the property.
OWNER
Shall mean any person, firm, corporation, partnership, association,
trust, estate, or any other legal entity.
RESCUE GROUP
Shall mean a for-profit or not-for-profit entity, or a collaboration
of individuals with at least one of its purposes being the adoption
or placement of cats in homes with humans to serve as companion animals.
STRAY CAT
Shall mean a cat that is regularly off the property of the
owner, is not under the physical control and restraint of the owner
and is not regularly provided with food by its owner.
SUITABLE SHELTER
Shall mean shelter that provides protection from rain, sun,
and other elements that is adequate to protect the health of the cat.
TNR
Shall mean trap, neuter and return.
TNR PROGRAM
Shall mean a program pursuant to which feral and stray cats
are trapped, neutered or spayed, vaccinated against rabies and returned
to the location where they congregate.
ZOONOTIC DISEASE
Shall mean those diseases transmittable to humans from animals,
including parasitic, bacterial, fungal and viral diseases.
[Ord. No. 2007-4 § I]
The purpose of this section is to prohibit wild animals and
regulating agricultural animals on non-agricultural properties in
Tabernacle Township so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply with same.
[Ord. No. 2007-4 § II]
AGRICULTURAL ANIMALS
Shall mean customarily found on a farm, including but not
limited to alpacas, llamas, bovine, steer, cattle, horses, cows, ponies,
sheep, goats, chickens, ducks, guinea hens, or other farm animals
and fowl. The term shall not include the keeping of cats, dogs, or
other domestic animals.
[Ord. No. 2007-4 § III]
Agricultural animals may be kept, harbored and maintained on
non-agricultural property subject to all of the following conditions:
a. The lot on which the agricultural animals are located is at least
six acres.
b. No livestock/animal shelter shall be erected, used or located closer
than one hundred (100') feet to any property line. No manure
storage shall be located closer than one hundred (100') feet
to any property line.
c. All agriculture animals shall be kept at all times at least twenty
(20') feet from any adjoining property line.
d. All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
e. Animals are maintained in quarters so constructed as to prevent their
escape.
f. Nothing herein shall apply to agriculturally assessed property which
is qualified, pursuant to the Farmland Assessment Act of 1964 (laws
of 1964, Chapter 48; N.J.S.A. 54:423.1), as land actively devoted
to agricultural use.
[Ord. No. 2007-4 § V]
The Tabernacle Township Code Enforcement Department and/or the
New Jersey State Police shall enforce the provisions of this section.
[Ord. No. 2007-4 § VI]
Any person(s) who is found to be in violation of the provisions
of this ordinance shall be subject to a fine, not to exceed $1,500
and/or a term of imprisonment not to exceed 180 days.