[Ord. 7/19/65 § 2]
As used in this chapter:
Shall mean and include any dog, bitch or spayed bitch.
Shall mean and include the person owning, controlling, keeping
or harboring a dog.
Shall mean and apply to any dog off and not on the premises
of the owner.
Shall mean an enclosure or pen out of which the dog cannot
escape.
Shall mean a leash or chain which the dog cannot break or
sever and which is not over six feet in length.
Shall mean any dog which has bitten a person a number of
times without provocation.
[Ord. 7/19/65 §§ 7, 8]
[Ord. 7/19/65 § 9; Ord. 1/20/69 § 1;
Ord. 92-16 § 1; Ord. #93-10 § 9; Ord. #2006-18; Ord. No. 2017-07]
Pursuant to N.J.S.A. 4:19-15.3, the owners of any dog of licensing
age harbored and kept in the Township shall apply for and obtain a
license in the Township and pay an annual license fee as follows:
|
Spayed\Neutered
|
Non-Spayed\Non-Neutered
| |
|---|---|---|
|
License Fee
|
$15.00
|
$20.00
|
|
N.J. Registration Fee
|
$1.00
|
$1.00
|
|
N.J. Pilot Clinic Fund
|
$0.20
|
$0.20
|
|
N.J. Pet Population Control
|
$0.00
|
$3.00
|
|
Total
|
$16.20
|
$24.20
|
All licenses and registrations shall expire on January 31 of
each year at 12:00 midnight for the year for which issued. All license
and registration fees shall be payable in full for the entire amount
regardless of when applied for or issued. All fees shall be due and
payable for dogs already owned on the first day of February of each
and every year, and for dogs acquired after February 1 on the date
acquired and thereafter on February 1 of each year.
[Ord. 7/19/65 § 10]
In the event that the metal registration tag is lost, such tag
may be replaced upon application to the Dog Warden, and upon the payment
of a fee of $0.25.
[Ord. 7/19/65 § 11; Ord. #91-07 § 1;
Ord. #93-10 § 11; Ord. #94-11; Ord. #2000-03 § 1]
Any dog owner or person harboring a dog or found to have an unlicensed dog by the Township Dog Warden, Dog Canvasser or other municipal official after January 31, shall be required to pay an additional ten ($10.00) dollars for the first month and five ($5.00) dollars per month thereafter, plus the required license, together with any other fines due to summons issued that may be imposed on them, as provided in this Chapter, for failure to obtain a dog license before February 1 of each year. The aforementioned fees shall not apply to dogs which have been acquired by the owner after January 31 for which the license fee shall be required in subsection 5-1.3. The owner shall present sufficient proof to establish that the dog was acquired after January 31.
[Ord. 7/19/65 § 12]
This section shall not apply to pounds maintained at the public
expense, kennels maintained by the Society for the Prevention of Cruelty
to Animals, or to veterinarians to which dogs have been committed
by public authorities.
[Ord. 7/19/65 § 13]
No license to own, keep or harbor a dog in the Township shall
be issued to, or in the name of, a minor.
[Ord. 7/19/65 § 3]
No person owning, keeping or harboring any dog shall permit
the dog to run at large upon public streets, or in any public building
or in any other public place at any time, within the limits of the
Township unless the dog is accompanied by a person capable of controlling
it.
This provision shall not apply to dogs accompanied by a hunter
during hunting season.
[Ord. 7/19/65 § 4; Ord. #2000-03 § 2]
a.
No person shall keep, harbor or maintain any dog or dogs which nuisance
bark for more than one (1) hour between the hours of 6:00 a.m. and
10:00 p.m. and which thereby create a nuisance and/or disturb the
peace, quiet or sleep of the neighborhood.
b.
No person shall keep, harbor or maintain any dog or dogs which nuisance
bark for more than fifteen (15) minutes between the hours of 10:00
p.m. and 6:00 a.m. and which thereby create a nuisance and/or disturb
the peace, quiet or sleep of the neighborhood.
c.
A person shall be in violation of this subsection upon the third
documented event with the Animal Control Officer and the third or
subsequent event(s) being witnessed by the Animal Control Officer
of the Township.
[Ord. 7/19/65 § 5]
No person owning, keeping or harboring any dog shall permit
or suffer the dog to do any injury, or to do any damage to any lawn,
shrubbery, flowers, grounds or property of another person.
[Ord. 5/23/60 §§ 1, 2 and 3; amended 2-15-2023 by Ord. No. 2023-03]
a.
It shall be unlawful for the owner, possessor or person having custody
of a female dog to allow the dog to roam at large or be off the premises
and not contained or retained upon the premises either by chain or
appropriate method of leashing, or fenced in by a fence of sufficient
height to prevent the female dog from escaping from the premises during
such periods of time when the female dog shall be in heat or in season,
whether the dog is licensed or unlicensed.
b.
Upon failure of the owner, possessor or person having custody of
the female dog to comply with the terms of this section, he or she
shall, upon conviction, be fined not less than twenty-five ($25.00)
dollars, nor more than fifty ($50.00) dollars.
c.
The Animal Control Officer or person entrusted with keeping the peace
of the Township shall have the right to seize any female dog in heat
or in season, running at large contrary to the provisions of this
section and to impound the same, notifying the owner, possessor or
person having custody of the female dog by mail if such person's name
can be ascertained, or notifying such person as the Animal Control
Officer shall have reason to believe is the owner, possessor or person
having custody of the dog by ordinary mail, and after seven (7) days
unless the owner, possessor or person having custody of the dog claims
the same, the Animal Control Officer shall have the right to exterminate
such dog by the most humane method possible, and charge the owner,
possessor or person having custody of the dog with the cost of maintaining
the dog for that period of time.
[Ord. #2013-08]
a.
In no event shall any dog be allowed, either leashed or unleashed,
on any athletic or recreational filed or playground owned or maintained
by the Township of Frelinghuysen. This prohibition shall not apply
to dogs that accompany a disabled person as an assistant or guide
dog.
b.
Dogs shall be allowed on public property other than athletic or recreational
fields or playgrounds only if on a leash no more than ten (10) feet
in length, held by the owner or keeper of such dog. The owner or keeper
of such dog shall be responsible for the removal of all dog waste
left by such dog.
[Ord. 7/19/65 § 15]
The Township Committee shall have power to enter into a contract
with one (1) or more persons for the exercise of the duty of Dog Catcher,
Dog Warden or Poundmaster to enforce the provisions of this chapter.
[Ord. 7/19/65 § 16]
The contractor, Poundmaster, or person responsible for such
purpose, shall take into custody and impound, or cause to be taken
into custody, and impound and thereafter destroy or dispose of as
provided in this chapter.
a.
Any dog running at large in this Township after one (1) warning to
the owner.
b.
Any dog off the premises of the owner or the person keeping or harboring
the dog not controlled by a person capable of controlling it, after
two (2) warnings to the owner.
c.
Any female dog in season off the premises of the owner or of the
person keeping or harboring the dog.
[Ord. 7/19/65 § 16]
When any dog so seized has been detained for seven (7) days
after notice when notice can be given, or has been detained for seven
(7) days after seizure, when notice cannot be given in accordance
with the Laws of the State of New Jersey, and if the owner or person
keeping or harboring the dog has not claimed the dog and paid all
expenses incurred by reason of its seizure and detention, and if the
dog is unlicensed at the time of seizure and the owner or person keeping
or harboring the dog has not produced a current license and registration
tag for the dog, the contractor, or Poundmaster, or other designated
authority, may cause the dog to be destroyed in a manner causing as
little pain as possible.
[Ord. 7/19/65 § 17; amended 2-15-2023 by Ord. No. 2023-03]
The Animal Control Officer shall submit a quarterly report to
the official of the Health Department, which shall contain a description
of each animal seized, the license number, if any, the reason for
seizure, and the disposition made of each animal.
The official representative for Animal Control shall render
a quarterly report to the health official which report shall contain
the following information:
[Ord. #99-03 § 2]
A pickup fee for retrieval of stray dogs will be twenty ($20.00)
dollars after the second offense. First offenders will be granted
a free pass.
[Ord. 7/19/65 § 19; Ord. #2010-05]
No person shall keep animals or poultry used for sale or commercial
purposes or operate a kennel, pet shop, shelter or pound on any premises
within the Township of Frelinghuysen unless a license for any such
purpose shall have been first secured from the Township Committee
covering the premises to be so used. Any person who keeps or operates
or proposes to establish a cattery, kennel, pet shop, shelter or a
pound shall apply to the Township Clerk for a license entitling that
person to keep or operate such establishment. The application shall
be subject to the approval of the Mayor and Township Committee following
a public hearing. Such application shall describe the premises where
the establishment is located or is proposed to be located and the
purpose or purposes for which it is to be maintained and shall be
accompanied by: (a) the written approval of the Health Officer showing
compliance with local and State rules and regulations; and (b) a zoning
permit or other approval showing that the use is either permitted
in its proposed location under the Land Development Ordinance, or
that a variance or other approval permitting the use has been obtained.
[Ord. 7/19/65 § 20]
All licenses issued for a kennel, pet shop or shelter shall
state the purpose for which the establishment is maintained. All such
licenses shall expire on January 31 annually and be subject to revocation
by the Township on recommendation of the State Department of Health
or Township Health Officer for failure to comply with the rules and
regulations of the State Department or the Health Department of the
Township after the owner has been afforded a hearing by either the
State or local Department.
[Ord. 7/19/65 § 21]
The annual license fee for a kennel providing accommodations
for ten (10) or less dogs shall be ten ($10.00) dollars and for more
than ten (10) dogs, twenty-five ($25.00) dollars. The annual license
fee for a pet shop shall be ten ($10.00) dollars. No fee shall be
charged for a shelter.
[Ord. 7/19/65 § 22]
There shall not be more than three (3) licenses issued in the
Township for a kennel, pet shop, shelter or pound.
[Ord. #99-03 § 1; Ord. #2010-05]
Any person applying for a kennel license shall notify by certified
mail property owners located within 200 feet of said property. This
list shall be obtained from the Tax Assessor. Proof of such mailing
shall be given to and filed by the Municipal Clerk. The notice required
under this subsection shall be provided served at least seven days
before the hearing on the application for a kennel license and shall
set forth the date and location of the hearing.
[Ord. 7/19/65 § 23]
Any dog owner or person harboring a dog shall be required to
have his dog inoculated to prevent the spread of rabies.
[Ord. 7/19/65 § 24]
No person shall abandon a dog in or within the limits of the
Township of Frelinghuysen.
[Ord. 7/19/65 § 14]
The conduct of a dog shall be attributed to the owner thereof,
and the owner shall be deemed to have permitted any dog who acts contrary
to the requirements of this chapter to act so, and such owner shall
be guilty of the violation hereof.
[New]
Any person who shall violate the provisions of §5-1 shall be liable to a penalty of not less than $1 nor more than $50 dollars for the first offense, and not less than $5 nor more than $50 for each subsequent offense, to be recovered in the manner provided by N.J.S.A. 4:19-15.19 et seq. Any person who shall violate any other provision of this chapter shall be liable to a fine of not more than $100 for the first offense, and not more than $200 for each subsequent offense, or to imprisonment for a term not exceeding 30 days, or both. Each day in which such violation continues shall be deemed to constitute a separate offense.
[Added 12-18-2019 by Ord.
No. 2019-09]
This section shall be constructed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as residents
are affected by injury to any persons or other animals, or cause damage
to personal property, including lawn, shrubbery, flowers, grounds,
trees or any property of persons other than the owner or person having
the care, custody or control of such unrestrained livestock running
at large within the Township of Frelinghuysen, and to assess violations
and penalties accordingly.
For purposes of this § 5-8, the following terms shall have the meanings indicated:
All horses, ponies, donkeys, mules, miniature breeds and
all other equines; all llamas, alpacas, camels, and all other camelids.
Any livestock situated upon any public street, park, or any
other public place while unrestrained, or situated upon any private
property while not restrained by a sufficient fence, enclosure or
tether and which is not attended by the owner or his or her representative.
a.
Any person or persons, firm, partnership or corporation having the
care, control, custody or management of any livestock, as defined
above, shall prohibit the animals to stray or run at large within
the limits of the Township of Frelinghuysen.
b.
Fencing requirements. A fence shall comply with the standards of
the New Jersey State Department of Agriculture Management Practices
and shall be sufficiently enclosed and strong enough to prevent livestock
from escaping, going through or under it and is hereby required wherever
livestock are kept. If any livestock escapes from within the confines
of any fence, it shall be presumed that such fence has not met the
provisions of this section. Any owner or lessee of the land on which
such fence is located is subject to the requirements of this subsection.
a.
When any livestock are taken up and distrained by any person for
running at large, they shall be forthwith impounded by the Animal
Control Officer and shall be furnished with suitable food and water,
so long as they are detained.
b.
The owner of livestock in the custody or possession of the Animal Control Officer pursuant to this section may claim and be entitled to the possession of the livestock. Upon payment to the Animal Control Officer of reasonable compensation for the care and keeping of the livestock, upon satisfactory proof of ownership of the livestock, and upon making reparation as provided in Subsection 5-3.5, the livestock shall be returned to its owner.
a.
Notice. The Township, or any duly authorized Code or Animal Control
Official, shall cause a notice to be issued to the applicable person
or persons, firm, partnership or corporation when a violation of this
section occurs.
b.
Form. Such notice prescribed in Subsection a above shall be in accordance with all of the following:
1.
Be in writing.
2.
Include the identity or description of the animal.
3.
Include a statement of when, where, and what damage was done, if
known.
4.
Include a correction order allowing a reasonable time for restitution
of penalties and damages to be made.
5.
Inform the property owner of the right to appeal.
c.
Method of service. Such notice shall be deemed to be properly served
if a copy thereof is sent by first-class mail, express mail, overnight
carrier or certified mail addressed to the last known address.
[Added 2-15-2023 by Ord. No. 2023-03]
The position of Animal Control Officer (ACO) is hereby established. The ACO shall be appointed by the Township Committee. The ACO shall be responsible for animal control within the jurisdiction of the Township and shall enforce and abide by the applicable provisions of Title 4, Chapter 19 of the New Jersey Revised Statutes any amendments thereof, any regulations promulgated thereunder, and the applicable provisions of this Code.
[Added 2-15-2023 by Ord. No. 2023-03]
The position of Municipal Humane Law Enforcement Officer (HLEO) is hereby established. The HLEO shall be appointed by the Township Committee, upon the recommendation of the Chief of Police, and shall be under the jurisdiction of the Township Police Department. The HLEO shall be responsible for animal welfare within the jurisdiction of the Township, and shall enforce and abide by the provisions of Title 4, Chapter 22 of the New Jersey Revised Statutes, and any amendments thereof, and the provisions of this chapter. The HLEO shall be authorized to investigate and sign complaints, arrest violators, and otherwise act as an officer for detection, apprehension, and arrest of offenders against the animal welfare and animal cruelty laws of the state and ordinances of the Township.
[Added 12-20-2023 by Ord. No. 2023-18]
To establish requirements for the proper disposal of pet solid
waste in the Township of Frelinghuysen, so as to protect public health,
safety and welfare, and to prescribe penalties for failure to comply.
[Added 12-20-2023 by Ord. No. 2023-18]
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.
That the pet solid waste is removed at once, without delay.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Waste matter expelled from the bowels of the pet; excrement.
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.
[Added 12-20-2023 by Ord. No. 2023-18]
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.
[Added 12-20-2023 by Ord. No. 2023-18]
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while such
animal is being used for that purpose.
[Added 12-20-2023 by Ord. No. 2023-18]
The provisions of this section shall be enforced by the Zoning
Officer of the Township of Frelinghuysen.
[Added 12-20-2023 by Ord. No. 2023-18]
[Added 12-20-2023 by Ord. No. 2023-18]]
To prohibit the feeding of unconfined wildlife in any public
park or on any other property owned or operated by the Township of
Frelinghuysen, so as to protect public health, safety and welfare,
and to prescribe penalties for failure to comply.
[Added 12-20-2023 by Ord. No. 2023-18]]
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.
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
All animals that are neither human nor domesticated.
[Added 12-20-2023 by Ord. No. 2023-18]]
No person shall feed, in any public park or on any other property
owned or operated by the Township of Frelinghuysen, any wildlife,
excluding confined wildlife (for example, wildlife confined in zoos,
parks or rehabilitation centers, or unconfined wildlife at environmental
education centers, or feral cats as part of an approved Trap-Neuter-Release
program).
[Added 12-20-2023 by Ord. No. 2023-18]]
This section shall be enforced by the Zoning Officer of the
Township of Frelinghuysen.
Any person found to be in violation of this ordinance shall
be ordered to cease the feeding immediately.
