[HISTORY: Adopted by the Township Committee of the Township
of Dennis 7-22-1974 as Ord. No.
74-11. Sections 88-4C and F, 88-7B and 88-9 amended
and § 88-4E added at time of adoption of Code; see Ch. 1,
General Provisions, Art. I. Other amendments noted where applicable.]
No dog shall be permitted to run at large.
No person shall keep, harbor or maintain any dog which habitually
cries, barks, howls or otherwise disturbs the peace.
[Amended 8-17-04 by Ord. No. 2004-10]
[Added 8-17-04 by Ord. No. 2004-10]
No person owning, keeping or harboring a dog shall permit it
or suffer it to do any damage to any person or property or to create
a public nuisance.
[Added 8-17-04 by Ord. No. 2004-10]
A.
No person owning, harboring, keeping or in charge of any dog, shall
cause, suffer or allow such a dog to soil, defile, defecate on or
commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypass, bay area, park or any place where people congregate or walk,
or upon any public property whatsoever, or upon any private property
without the permission of the owner of the property.
B.
Notwithstanding anything contained in Subsection A to the contrary, the restrictions as set forth above shall not apply to that portion of the street lying between the curbline, which shall be used to curb such dog upon the following conditions:
C.
Any person found guilty of any violation of this subsection shall
be subject to a fine not exceeding the sum of $200 for a first offense.
For a second offense or subsequent offense a fine of not less than
$200 nor more than $500. An individual need not be charged as a subsequent
offender in order to be fined as a subsequent offender.
[Amended 8-28-1978 by Ord. No. 78-49; 11-27-1978 by Ord. No. 78-53; 6-11-1979 by Ord. No. 79-64]
A.
All persons who shall own, keep or harbor a dog which has attained
the age of seven months or which possesses a set of permanent teeth
shall apply for and procure from the Clerk of the municipality (or
other official designated by the governing body thereof to license
dogs in the municipality in which he resides) a license and official
metal registration tag for each such dog so owned, kept or harbored
and shall place upon each such dog a collar or harness with the registration
tag securely fastened thereto.
B.
Said dog licenses shall be obtained during the month of January of
each year and every year.
C.
The fee for licenses for spayed or neutered dogs shall be $10 per
annum and for unspayed or unneutered dogs shall be $12 per annum.
[Amended 2-13-2008 by Ord. No. 2008-02; 3-20-2012 by Ord. No. 2012-02]
D.
Licenses must be renewed yearly prior to February 1 of the following
year. There shall be an additional late charge of $5 for each license
not secured by February 1 of each year, provided that said license
is secured by April 1 of each year. For each license not secured by
April 1, there shall be charged the aforesaid fee and the aforesaid
late charge, and the penalty hereinafter set forth in this section
shall also apply.
[Amended 3-20-2012 by Ord. No. 2012-02]
No Municipal Clerk or other official designated by the governing
body of this municipality shall issue a license or metal registration
tag for any dog unless the owner thereof provides evidence that the
dog has been inoculated with a rabies vaccine of the type approved
by and administered in accordance with the recommendation of the State
Department of Health. Such vaccination shall be repeated at intervals
as provided by regulations of the State Department of Health and shall
be administered by a duly licensed veterinarian or such other veterinarian
permitted by law to do the same.
The owner or any newly acquired dog of licensing age or of any
dog which attains licensing age prior to January of the following
year shall make application for a license and registration tag for
such dog within 10 days after such acquisition or age attainment.
[Amended 12-22-1975 by Ord. No. 75-23]
A.
Any person who keeps or operates or proposes to establish a kennel,
a pet shop, a shelter or a pound shall apply to the Municipal Clerk
or other official designated to license dogs in the municipality for
a license entitling him to keep or operate such establishment.
B.
The fee for operating a pet shop shall be $10 per year. The fee for
operating a kennel providing accommodations for 10 or fewer dogs shall
be ten dollars ($10) per year, and for more than 10 dogs it shall
be $25 per year. No fee shall be charged for shelter or pound. Fees
shall be due on the last day of June of each year.[1]
No person possessing or owning or harboring any dog shall suffer
or permit it to be in the public highways or any public place in the
Township of Dennis 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 in length; provided, nevertheless,
that any properly licensed hunting dogs under the control and supervision
of their owner may be used for hunting purposes in the rural or hunting
areas within this Township of Dennis.
The Township Committee of the Township of Dennis shall, at its
discretion, appoint such person as it may deem necessary to enforce
and carry out the provisions of this chapter, and such appointees
shall have the power and authority to seize, maintain, destroy and
otherwise offer for adoption dogs running at large within the Township
of Dennis in a manner agreeable to law and in accordance with the
provisions of this chapter.[2]
The owner of any dog which shall bite a person while such person
is on or in a public place or lawfully on or in a private place, including
the property of the owner of the dog, shall be liable for such damages
as may be suffered by the person bitten, regardless of the former
viciousness of such dog or the owner's knowledge of such viciousness.[1]
[Adopted 8-17-04 as Ord. No. 2004-10; amended in entirety 10-4-2016 by Ord. No. 2016-07]
[Amended 10-4-2016 by Ord. No. 2016-07]
Definitions used throughout this Article II are as follows:
A.
BEDDING - Material to provide a bed for a dog.
B.
CARETAKER - Any person who takes care of the house or land of an
owner who may be absent and is responsible for the keeping of a dog.
C.
DOG — A domesticated carnivorous mammal that typically has
a long snout, an acute sense of smell, and a barking, howling, or
whining voice. It is widely kept as a pet or for work or field sports.
D.
DOG OF LICENSING AGE — Any dog which has attained the age of
seven months.
E.
DOGHOUSE - A covered and protected domicile for a dog.
F.
ENCLOSURE - Any structure used to restrict a dog or dogs to a limited
amount of space, such as a pen, run, cage or compartment.
G.
HANDLER - Any person in immediate physical charge of a dog.
H.
IMMEDIATE — Shall mean that the pet solid waste is removed
at once, without delay.
I.
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.
J.
OWNER - When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
has such dog in his keeping.
K.
PEN — An enclosure for a dog.
L.
PERSON — Any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
M.
PET — A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
N.
PET SOLID WASTE - Waste matter expelled from the bowels of the pet;
excrement.
O.
PET SHOP - Any place of business that is not part of a kennel wherein
animals, including, but not limited to, dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship
rather than for business or research purposes.
P.
POUND - An establishment for the confinement of dogs seized under
the provisions of this Article or otherwise.
Q.
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 designated to convey domestic sewage for
proper treatment and disposal.
R.
SHELTER - Any establishment where dogs are received, housed and distributed
without charge.
[Amended 10-4-2016 by Ord. No. 2016-07]
A.
Owners, caretakers, guardians or handlers of dogs will exercise diligence
and reasonable care to prevent said dogs from leaving their premises
regardless of whether their premises is owned, leased or rented. Restraint
exists when the dog is:
(1)
Enclosed and properly provided for pursuant to N.J.S.A. 4:22-17 within
a house, building, properly maintained fence, pen or other enclosure.
(2)
Pens or other enclosures for each dog must be 4 feet in height and
square footage as follows:
|
1 dog
|
64 sq. ft.
|
|
2 dogs
|
90 sq. ft.
|
|
3 dogs
|
144 sq. ft.
|
|
4 dogs
|
196 sq. ft.
|
|
Over 4 dogs
|
An additional 24 sq. ft. for each dog.
|
(3)
The pens or other enclosures shall include a soundly constructed,
safely positioned and properly maintained doghouse.
(4)
Every doghouse shall contain bedding such as straw or other absorbent
material in sufficient quality to provide adequate insulation for
the dog(s) in the doghouse. Bedding shall be maintained in a dry condition
and renewed or changed as necessary.
B.
Owners, caretakers, guardians or handlers of dogs will exercise diligence
and reasonable care to keep dogs under restraint. In circumstances
in which the dogs are not located on premises owned, leased or rented
by the caretakers, guardians or handlers, dogs must be handled in
a humane manner pursuant N.J.S.A. 4:22-17.
C.
Owners, caretakers, guardians or handlers of dogs may attempt to
prevent said dogs from leaving the premises by installing an Invisible
fence®. Owners, caretakers, guardians
or handlers of dogs are responsible for the maintenance of the Invisible
fences® and shall exercise diligence
to keep the fence in proper working order.
D.
Kennels, pet shops, shelters and pounds shall comply with the provisions
of applicable state statues and administrative regulations.
[Amended 10-4-2016 by Ord. No. 2016-07]
Dogs must be able to move freely when chained or tethered and
should be confined for a period no greater than nine hours within
a twenty-four-hour period. The size of the tether or chain must be
a minimum of 15 linear feet and shall remain tangle free. Dogs must
be equipped with properly fitted harness or buckle type collars. Choke
collars or prong type collars are not permitted. The tether or chain
shall be constructed of lightweight cable. A doghouse shall be accessible
to dogs that are chained or tethered.
[Amended 10-4-2016 by Ord. No. 2016-07]
A.
No owner, caretaker, guardian or handler shall withhold proper shelter,
protection from weather, veterinary care and immune care to any animal.
No owner, caretaker, guardian or handler shall fail to provide his
or her animal with sufficient food and drinkable water on a daily
basis. Food and water must be in an animal food consumption or water
consumption type container, feeder or waterer.
B.
No animal shall be subjected to unnecessary suffering and cruelty
such as subjecting the animal to prolonged fear, injury, pain or physical
abuse. Interaction with humans and other animals shall not be unreasonably
withheld. Any individual, currently licensed by the State Board of
Veterinary Medical Examiners to practice veterinary medicine, who
is acting within his or her scope of practice to deliver acceptable
and medically sound veterinary care to an animal, shall be exempt
from this section.
C.
In extreme weather below 32 degrees and above 95 degrees and in major
storms where evacuation is recommended, all outdoor dogs and indoor/outdoor
cats (with the exception of feral cats) must be brought indoors whether
tethered or kenneled, unless the kennel is heated or air conditioned
according to safety code. Indoors will include any area of the residence
which is temperature controlled and garage and basement unless heated
in cold or air conditioned in heat will not be considered adequate.
D.
Any violations of Sections 88-3.2, 88-12, 88-13, 88-14 or 88-15 in addition to other methods of enforcement provided by law, may be enforced by the issuance of a Notice of Violation Citation issued by the New Jersey State Police, any Animal Control Officer or any other person who actually observes or witnesses a violation.
[Amended 10-4-2016 by Ord. No. 2016-07]
A.
Any operator of a motor vehicle who accidentally strikes a dog or
cat shall stop and render such assistance to the dog or cat as may
be possible, provided it could be accomplished safely and without
danger to the motorist, pedestrians or other motorists.
B.
The operator of a motor vehicle involved in such an accident shall
promptly report such injury or death to the appropriate law enforcement
agency.
[Amended 10-4-2016 by Ord. No. 2016-07]
A.
Enforcement of all sections within Article II shall be commenced by the filing of a complaint with the Municipal Court of the Township of Dennis.
B.
Any person found guilty of violation of Section 88-3.2 shall be subject to a fine not to exceed the sum of $200 for a first offense. For a second offense or subsequent offense a fine of not less than $200 nor more than $500. An individual need not be charged as a subsequent offender in order to be fined as a subsequent offender.
C.
Any person found guilty of all other sections of this Article II by the Municipal Court of the Township of Dennis shall be subject to a fine not exceeding the sum of $500.00 or imprisonment not to exceed 90 days or both, provided, however, that the Court shall waive or suspend any fines if the Court determines it is appropriate to do so. Furthermore, the Court may order restitution be paid to any person or entity that incurs expenses related to the investigation and prosecution of any offender of this Article II.
