This Article shall be known as the "Woodbury Heights Animal
Control Ordinance."
The words hereinafter defined shall have the meanings herein
prescribed for the purposes of this Article as follows:
ABANDONED ANIMAL
An animal of any age which has been left unattended, unclaimed,
unlicensed, or at large for a period of 72 hours or more
ANIMAL
For the purposes of this Article, an animal refers to a dog,
cat, or domesticated animal.
ANIMAL HOUSING
A structure used for housing an animal outdoors on private
property or business property.
AT LARGE
An unrestrained animal off the premises of the owner.
BOROUGH OFFICIAL
Any Borough Code Enforcement Official, Borough Police Department
Officer, Gloucester County Animal Control Officer, the Municipal Clerk,
or any other official or person assigned or designated by Mayor and
Council.
CAT
Any animal of the feline species (Felis catus).
COMMERCIAL KENNEL
An establishment for the treatment, care, boarding, or training
of dogs or cats for a fee, or a place where dogs or cats are bred
for resale or for a fee; and where the business is a source of income;
and where such establishment has been currently inspected and approved
for use by the Gloucester County Health Department or any applicable
State agencies.
DOG
Any animal of the canine species (Canis familiaris) except
dingoes.
DOMESTICATED ANIMAL
An animal tamed and adapted to live in close association
with and to the benefit of humans.
LEASHED
Restrained by a leash no greater than six feet in length,
attached to a collar or harness of sufficient strength to restrain
the animal and which shall be held by a person having the ability
to control the animal at hand.
OWNER
Any person having a right of property in any animal, or any
person who has an animal in his/her custody, or any person offering
or allowing access to food, water, or shelter to an animal, or any
person exercising control over an animal or permitting, allowing or
suffering an animal to remain on premises under his/her control, or
anyone who takes an animal out into the public streets, sidewalks
or public ways.
PERSON
An individual, partnership, corporation or other entity.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by a
Municipal Court pursuant to section 7 of P.L.1989, c.307 (N.J.S.A.
4:19-23).
PROPERTY
A lot with a dwelling unit or dwelling units on it or a nonresidential
property having a structure, building or other improvements thereof
except a shelter or commercial kennel defined herein.
SHELTER
An establishment for the confinement of dogs or cats seized
under the provisions of this Article.
STRAY ANIMAL
An animal having no known owner or custodian or has no owner
information or identification attached.
TETHER
To confine an animal with rope, chain, or similar material
by which an animal is fastened so that it is able to range or feed
only within certain limits.
VICIOUS DOG
Any dog or dog hybrid declared vicious by a municipal court
pursuant to section 6 of P.L.1989, c.307 (C.4:19-22).
Any dog or cat owner who shall suffer, allow or permit any licensed
or unlicensed dog; licensed or unlicensed nonaltered or nonsterilized
cat to run at large without the tag as provided by law shall be guilty
of a violation of this Article.
If the Municipal Court declares any 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 Municipal Clerk or other official
designated to license dogs pursuant to section 2 of P.L.1941, c.151
(C.4:19-15.2), for a special municipal potentially dangerous dog license,
municipal registration number, and red identification tag issued pursuant
to section 14 of this act. 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 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 homeowner policy, shall contain a provision
requiring the municipality in which the owner resides 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.
C. Appeal of Decision. The owner of the dog, or the Animal Control Officer
in the municipality in which the dog was impounded, may appeal any
final decision, order, or judgment, including any conditions attached
thereto, of a Municipal Court pursuant to P.L. 1989, c.307 (C.4:19-17
et seq.) by filing an appeal with the Superior Court, Law Division,
in accordance with the Rules Governing The Courts of the State of
New Jersey pertaining to appeals from courts of limited jurisdiction.
The Superior Court shall hear the appeal by conducting a hearing de
novo in the manner established by those rules for appeals from courts
of limited jurisdiction.
No person shall hinder, molest, or interfere with anyone authorized
or empowered to perform any duty under this Article.
Any person found to be in violation or found to have failed
to comply with any of the provisions of this Article shall, upon conviction
thereof, be subject to a fine of not less than one hundred dollars
($100) and not more than $1,000 and court costs; or imprisoned for
a term not to exceed 90 days, or both, in the county jail. Each day
of such violation or failure to comply shall constitute a separate
offense and, therefore, are not subject to merger either for the purposes
of the violation or imposition of fines and penalties.
[Added 3-20-2019 by Ord.
No. 2-2019]
Gloucester County Animal Control Officers (GCACO), or other
designate, may investigate, and/or require compliance for violations
pursuant to N.J.S.A. 4:22. In the event the GCACO, or designate sees
or recognizes a potential criminal situation, or the need arises where
a criminal investigation is warranted, the GCACO shall make contact/report
to the Municipal Humane Law Enforcement Officer for further action.
The GCACO may continue to contribute to the investigation as requested
or required.