[New]
As used in this chapter:
Shall mean any dog, bitch or spayed bitch, dog hybrid.
Shall mean any dog which has attained the age of seven months
or possesses a set of permanent teeth.
Shall mean any person exercising control over a dog or permitting
a dog to remain on premises under his control.
Shall mean any establishment wherein or whereon the business
of boarding or selling dogs or breeding dogs for sale is carried on,
except a pet shop.
When applied to the proprietorship of the dog includes every
person having ownership of such dog, a right or property in such dog
or every person who has such dog in his keeping.
Shall mean any dog or dog hybrid declared potentially dangerous
by a Municipal Court pursuant to N.J.S.A. 4:19-23.
Shall mean an establishment for the confinement of dogs seized
under the provisions of this section or otherwise.
Shall mean any establishment where dogs or other animals
are received, housed and distributed.
Shall mean any dog which has attacked or bitten any persons
or which habitually attacks other dogs or domestic animals and any
dog or dog hybrid declared vicious by a municipal court pursuant to
N.J.S.A. 4:19-22. (N.J.S.A. 4:19-15.1, N.J.S.A. 4:19-22, N.J.S.A.
4:19-23)
[Ord. No. 1960-32, Ord. No. 3-9-82, Res. No. 7-36-2015, New]
a.
Every dog shall be duly licensed in accordance with N.J.S.A. 4:19-15.1
et seq. and shall bear evidence of such license at all times. The
annual fee for such license shall be $5 for each spayed or neutered
dog. The annual license fee for each nonspayed or nonneutered dog
shall be $8.. Persons who fail to obtain a license within the time
period specified will be subject to a delinquent fee of $7 per month.
b.
Additional fees required by the State of New Jersey shall be assessed
and collected in addition to the Township dog license fee stated above
in paragraph a.
[Ord. No. 1960-32, New]
a.
Applications for licenses for dogs which are required to be licensed
shall be made before the last day of January of each year. In all
other cases, the application for a license shall be made within ten
days of the date upon which the dog in question first becomes subject
to the provision of this section.
b.
The license and registration shall expire on January 31 of the year
following the year in which it was issued.
[New]
Licenses shall be required for the following dogs of licensing
age:
a.
Dogs owned and kept within the Township on the first day of January
of any calendar year.
b.
Any dog acquired by any person during the course of any calendar
year and kept within the Township for more than ten days after acquisition.
c.
Any dog attaining licensing age during the course of the calendar
year.
d.
Any unlicensed dog brought into the Township by any person and kept
within the Township for more than ten days.
e.
Any dog licensed by another state, brought into the Township by any
person and kept within the Township for more than 90 days.
Only one license and registration tag shall be required in any
licensing year for any dog owned in New Jersey, and the license and
tag issued by any other municipality of this State shall be accepted
by the Township as evidence of compliance with this section. (N.J.S.A.
4:19-15.3)
[Ord. No. 1960-32]
Dogs used as guides for blind persons and commonly known as
"seeing eye" dogs, dogs used to assist handicapped persons and commonly
known as "service dogs," or dogs used to assist deaf persons and commonly
known as hearing ear" 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. (N.J.S.A.
4:19-15.3)
No Municipal Clerk or other official designated by the Governing
Body shall grant any such license and official metal registration
tag for any dog unless the owner thereof provides evidence that the
dog to be licensed and registered has been inoculated with a rabies
vaccine of a type approved by and administered in accordance with
the recommendations of the United States Department of Agriculture
and the United States Department of Health, Education, and Welfare,
or has been certified exempt as provided by regulations 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 by such other
veterinarian permitted by law to do the same. The State Department
of Health shall promulgate regulations providing for the recognized
duration of immunity, interval of inoculation, certificate of vaccination,
certificate of exemption, and such other matters related to this act.
(N.J.S.A. 4:19-15.2a)
[New]
Any person who violates or who fails or refuses to comply with
N.J.S.A. 4:19-15.2, Dogs; license and metal registration tag required;
placing tag on dog, N.J.S.A. 4:19-15.4, Time for applying for license;
N.J.S.A. 4:19-15.6, Dogs brought into State, N.J.S.A. 4:19-15.7, Removing
tag from dog without owner's consent; attaching tag to another
dog; N.J.S.A. 4:19-15.8, License for kennel, pet shop, shelter or
pound N.J.S.A. 4:19-15.10, Kennels, pet shops, shelters or pounds;
permitting dogs to go off premises; and N.J.S.A. 4:19-15.18, Interfering
with persons performing duties under act, or the rules and regulations
promulgated by the State Department of Health pursuant to N.J.S.A.
4:19-15.14, shall be liable to a penalty of $50 for each offense.
(N.J.S.A. 4:19-15.19)
[New]
It shall be the duty of the Animal Control Officer to receive
and investigate complaints against dogs.
[New]
a.
POTENTIALLY DANGEROUS DOG
Definitions. As used in this chapter:
Shall mean any dog or dog hybrid declared potentially dangerous
by a Municipal Court pursuant to the provisions of N.J.S.A. 4:19-23.
(N.J.S.A. 4:19-18)
b.
Findings to Declare Dog Potentially Dangerous.
1.
The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
(a)
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a
person during an unprovoked attack, and poses a serious threat of
bodily injury or death to a person, or
(c)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
c.
Order and Schedule for Compliance; Conditions. If the Municipal Court
declares the dog to be potentially dangerous, it shall issue an order
and a schedule for compliance which, in part:
1.
Shall require the owner to comply with the following conditions:
(a)
To apply, at his own expense, to the Municipal Clerk or other
official designated to license dogs pursuant to N.J.S.A. 4:19-15.2,
for a special municipal potentially dangerous dog license, municipal
registration number, and red identification tag issued pursuant to
N.J.S.A. 4:19-30. 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;
(b)
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 c.1(c) below:
(c)
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 a 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 and 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;
2.
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.
(N.J.S.A. 4:19-24)
d.
Duties of Owner. The Owner of a potentially dangerous dog shall:
1.
Comply with the provisions of N.J.S.A. 4:19-17 et seq. in accordance
with a schedule established by the Municipal Court, but in no case
more than 60 days subsequent to the date of determination;
2.
Notify the licensing authority and the Animal Control Officer if
a potentially dangerous dog is at large, or has attacked a human being
or killed a domestic animal;
3.
Notify the licensing authority and the Animal Control Officer within
24 hours of the death, sale or donation of a potentially dangerous
dog;
4.
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
5.
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the licensing authority, Police Department, and
Animal Control Officer of that municipality of the transfer of ownership
and the name, address and telephone of the new owner; and
6.
In addition to any license fee required pursuant to section N.J.S.A.
4:19-15.3, pay a potentially dangerous dog license fee to the municipality
as provided by N.J.S.A. 4:19-31.
(N.J.S.A. 4:19-28)
e.
Violations by Owner; Penalties; Enforcement; Seizure and Impoundment
of Dog; Destruction by Order of Court. The owner of a potentially
dangerous dog who is found by clear and convincing evidence to have
violated this act, or any rule or regulation adopted pursuant thereto,
or to have failed to comply with a Court's order shall be subject
to a fine of not more than $1,000 per day of the violation, and each
day's continuance of the violation shall constitute a separate
and distinct violation. The Municipal Court shall have jurisdiction
to enforce this section. An Animal Control Officer is authorized to
seize and impound any potentially dangerous dog whose owner fails
to comply with the provisions of N.J.S.A. 4:19-17 et seq., or any
rule or regulation adopted pursuant thereto, or a Court's order.
The Municipal Court may order that the dog so seized and impounded
be destroyed in an expeditious and humane manner.
(N.J.S.A. 4:19-29)
f.
Registration Number, Red Identification Tag and License. The Township
shall:
1.
Issue a potentially dangerous dog registration number and red identification
tag along with a municipal potentially dangerous dog license upon
a demonstration of sufficient evidence by the owner to the Animal
Control Officer that he has complied with the Court's orders.
The last three digits of each potentially dangerous dog registration
number issued by the Township will be the three number code assigned
to the municipality in the regulations promulgated pursuant to N.J.S.A.
4:19-33. The Animal Control Officer shall verify, in writing, compliance
to the Municipal Clerk or other official designated to license dogs
in the municipality.
2.
Publicize a telephone number for reporting violations of this section
and N.J.S.A. 4:19-17 et seq.
(N.J.S.A. 4:19-30)
g.
License Required; Fee. The owner or keeper of any dog declared to
be potentially dangerous shall obtain a license from the Township
and an annual fee of $150. The license shall be issued according to
the provisions of N.J.S.A. 4:19-30. (N.J.S.A. 4:19-31)
[New]
a.
VICIOUS DOG
Definitions. As used in this chapter:
Shall mean any dog or dog hybrid declared vicious by a Municipal
Court pursuant to N.J.S.A. 4:19-22. (N.J.S.A. 4:19-18)
b.
Findings to Declare Dog Vicious; Grounds.
1.
The Municipal Court shall declare the dog vicious if it finds by
clear and convincing evidence that the dog:
2.
A dog shall not be declared vicious for inflicting death or serious
bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the
dog was provoked. The municipality shall bear the burden of proof
to demonstrate that the dog was not provoked.
3.
If the Municipal Court declares a dog to be vicious, and no appeal
is made of this ruling pursuant to section N.J.S.A. 4:19-25, the dog
shall be destroyed in a humane and expeditious manner, except that
no dog may be destroyed during the pendency of an appeal.
(N.J.S.A. 4:19-22)
[New]
It shall be the duty of the individual designated by the Township
Committee and the Animal Control Officer to receive and/or investigate
complaints against dogs.
[Ord. No. 1980-3]
It shall be unlawful for the owner or person having custody
of any dog to permit that dog to run at large other than on the private
property of the owner or custodian or on other property for which
the owner or custodian has received permission from the owner or lessee
of the property for the running of the said dog.
[Ord. No. 1980-3]
Violation of this Section 4-5 shall be punishable by a fine not to exceed $200.
[Ord. 12-8-98]
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 where
such establishment is located, for a license entitling him to keep
or operate such establishment.
The application shall describe the premises where the establishment
is located or is proposed to be located, the purpose or purposes for
which it is to be maintained, and shall be accompanied by the written
approval of the local municipal and health authorities showing compliance
with the local and State rules and regulations governing location
of and sanitation at such establishments.
b.
All licenses issued for a kennel, pet shop, shelter, or pound shall state the purpose for which the establishment is maintained, an all licenses shall expire on the last day of June of each year, and be subject to revocation by the municipality on recommendation of the Department of Health or the local board of health for failure to comply with the rules and regulations of the State department or local board governing the same, after the owner has been afforded a hearing by either the State department or local board, except as provided in paragraph c of this subsection 4-6.1. Any person holding a license shall not be required to secure individual licenses for dogs owned by a licensee and kept at the establishments; the licenses shall not be transferable to another owner or different premises.
c.
The license for a pet shop shall be subject to review by the municipality, upon recommendation by the Department of Health or the local health authority for failure by the pet shop to comply with the rules and regulations of the State department or local health authority governing pet shops or if the pet shop meets the criteria for recommended suspension or revocation provided under subsection c or d of section 5 of P.L.1999, c. 336 (C.56:8-96), after the owner of the pet shop has been afforded a hearing pursuant to N.J.S.A.
The municipality, based on the criteria for the recommendation
of the local health authority, may suspend the license for 90 days
or may revoke the license if it is determined at the hearing that
the pet shop: (1) failed to maintain proper hygiene and exercise reasonable
care in safeguarding the health of animals in its custody or (2) sold
a substantial number of animals that the pet shop knew, or reasonably
should have known, to be unfit for purchase.
d.
The municipality may issue a license for a pet shop that permits
the pet shop to sell pet supplies for all types of animals, including
cats and dogs, and sell animals other than cats and dogs but restricts
the pet shop from selling cats or dogs, or both.
e.
Every pet shop licensed in the State shall submit annually and no
later than May 1 of each year records of the total number of cats
and dogs, respectively, sold by the pet shop each year to the municipality
in which it is located, and the municipality shall provide this information
to the local health authority.
(N.J.S.A. 4:19-15.8)
The annual license fee for a kennel providing accommodations
for 10 or less dogs shall be $10 and for more than ten 10 dogs $25.
The annual license fee for a pet shop shall be $10. No fee shall be
charged for a shelter or pound. (N.J.S.A. 4:19-15.9)
