[H1STORY: Adopted by the Township Committee
of the Township of Deerfield as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 124.
[Adopted 2-15-1984 by Ord. No. 1984-1 as Ch. 47, Art. I,
of the 1984 Code]
As used in this article, the following terms
shall have the meanings indicated:
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
Any establishment where the business of boarding, selling
or breeding dogs for sale is carried on, except a pet shop.
[Amended 12-1-2004 by Ord. No. 2004-7]
Nuisance dogs. The definition of nuisance dogs
includes, but is not limited to, dogs whose owners repeatedly allow
them to:
Vicious dogs.
Vicious dogs are defined as dogs who, unprovoked,
have attacked or bitten a human being or animal, or have a known propensity,
tendency or disposition to attack unprovoked, to cause injury or to
endanger the safety of human beings or animals.
No dog shall be declared "vicious" if injury
or damage is sustained by a person who was willfully trespassing or
committing or attempting to commit a crime or committing other tort
upon the premises occupied by the owner or keeper of the dog. Also
exempted are dogs who were teased, tormented, abused or assaulted
by the injured person or animal prior to attacking or biting. No
dog shall be declared vicious if the dog was protecting or defending
a human being in its immediate vicinity from attack or assault.
The definition of vicious dog also includes
dogs who are trained or kept for dogfighting or any of the breeds
commonly referred to as belonging to the “Pit Bull” variety
or terrier, which consists of the following breeds or breed types
and mixtures: American Staffordshire Terrier, American Pit Bull and
Pit Bull Terrier. No person shall own, keep or have the custody,
care or control of any of these breeds or mixtures thereof in the
Township of Deerfield.
Potentially vicious dogs. Potentially vicious
dogs are defined as dogs who, when unprovoked, in a vicious or terrorizing
manner approach any person or animal in an apparent attitude of attack
in any public place in Deerfield Township.
Includes every person having a right of property in the dog
and every person who has a dog in his keeping.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, where dogs are kept or displayed for sale.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Dog Registrar and Control Officer.
Any establishment where dogs are received, housed and distributed
without charge.
Licenses shall be required for the following
dogs of licensing age:
A.
Any dog owned or kept within the Township by a resident
of 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 10 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 10 days.
E.
Any dog licensed by another state brought into the
Township by any person and kept within the Township for more than
10 days.
Applications for licenses for dogs which are required to be licensed by the provisions of § 45-2A shall be made before the first day of February of each calendar year. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog in question first becomes subject to the provisions of this article.
The information on all applications under this
article and the registration number issued to each licensed dog shall
be preserved for a period of three years by the Township Clerk. In
addition, he shall forward similar information to the State Department
of Health each month on forms furnished by the Department.
[Amended 12-1-2004 by Ord. No. 2004-7; 10-17-2007 by Ord. No. 2007-11]
The person applying for a license shall pay
a fee of $7 for each dog. However, after March 31 of each year the
fee shall be $10 for each dog licensed.
Each dog license and registration tag shall
expire on the last day of January of the calendar year following the
calendar year in which it was issued.
[Amended 7-15-1992 by Ord. No. 1992-3]
A.
License fees and other moneys, except the registration
tag fees, shall be paid to the Township Clerk after the application
is filed with the office of the Township Clerk and shall be placed
in a special account separate from any of the other accounts of the
Township within five days and shall be used for the following purposes
only: collecting, keeping and disposing of dogs liable to seizure
under this article; local prevention and control of rabies; all other
purposes prescribed by the statutes of New Jersey governing the subject;
and administering the provisions of this article. Any unexpended balance
remaining in the special account shall be retained therein until the
end of the third fiscal year following and may be used for any of
the purposes set forth in this section. At the end of the third fiscal
year following and at the end of each fiscal year thereafter, there
shall be transferred from the special account to the general funds
of the Township any amount then in the account which is in excess
of the total amount paid into the special account during the last
two fiscal years next preceding.
B.
The registration tag fee of $1 for each dog shall
be forwarded within 30 days after collection by the Clerk to the State
Department of Health.
The Township Clerk of the Township shall annually
cause a canvass to be made of all dogs owned, kept or harbored within
the limits of the Township and shall report to the Health Officer
and the State Department of Health the results thereof, setting forth
in separate columns the names and addresses of persons owning, keeping
or harboring dogs, the number of licensed dogs owned, kept or harbored
by each person, together with the registration number of each dog;
the number of unlicensed dogs owned, kept or harbored by each person,
together with a complete description of each unlicensed dog.
[Amended 12-1-2004 by Ord. No. 2004-7]
Control of vicious dogs. No person owning or
keeping a vicious dog shall permit the dog to be off the property
of the owner or keeper without being securely muzzled.
[Amended 12-1-2004 by Ord. No. 2004-7]
A.
The Animal Control Officer shall seize and impound
a dog when the officer has reasonable cause to believe that the dog:
(1)
Attacked a person and caused death or serious bodily
injury as defined in N.J.S.A. 2C:11-1b to that person;
(2)
Caused bodily injury, as defined in N.J.S.A. 2C:11-1a,
to a person during an unprovoked attack and poses a serious threat
of harm to persons or domestic animals;
(3)
Engaged in dogfighting activities as described in
N.J.S.A 4:22-24 and 4:22-26; or
(4)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
B.
The dog shall be impounded until the final disposition
as to whether the dog is vicious or potentially dangerous.
C.
The Animal Control Officer shall document all evidence
relating to the decision to seize and impound the dog, including statements
from witnesses, complainants or victims, regarding the dog, concerning
specific incidents, in detail, and including the date or dates and
the names, addresses and telephone numbers of such witnesses, complainants
or victims; police reports; observations of the Animal Control Officer;
and other relevant information.
Any officer or agent authorized or empowered
to perform any duty under this article is hereby authorized to go
on any premises to seize for impounding any dog which he may lawfully
seize and impound when the officer is in immediate pursuit of the
dog, except on the premises of the owner of the dog if the owner is
present and forbids the same.
[Amended 12-1-2004 by Ord. No. 2004-7]
A.
The Animal Control Officer shall notify the Municipal Court immediately that he has seized and impounded a dog pursuant to § 45-11 and that a hearing is required. The Animal Control Officer shall, through a reasonable attempt, determine the identity of the owner of any dog seized and impounded pursuant to § 45-11. If its owner cannot be identified within seven days, the dog may be humanely destroyed.
B.
The Animal Control Officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to § 45-11, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return, within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted or, if not, relinquishing ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter or does not reply to the certified letter with a signed statement within seven days of receipt, the dog may be humanely destroyed.
C.
In the event that the owner requests a hearing, the
Animal Control Officer shall promptly notify the Municipal Court Administrator
and the Municipal Court Prosecutor. The Animal Control Officer shall
be responsible to provide the Municipal Court Prosecutor with all
evidence relating to the dog in question, including the names, addresses
and telephone numbers of witnesses who should be subpoenaed for the
hearing and their probable testimony.
The Poundmaster is authorized and empowered
to cause the destruction of any unclaimed dog, in as humane a manner
as possible, under any of the following contingencies:
A.
When any dog so seized has not been claimed by the
person owning, keeping or harboring the dog within seven days after
notice or within seven days of the dog's detention when notice has
not been or cannot be given as set forth in the previous section.
B.
If the person owning, keeping or harboring any dog
so seized has not claimed the dog and has not paid all expenses incurred
by reason of its detention, including maintenance, not to exceed $4
per day.
No person shall own, keep or harbor a dog in
the Township except in compliance with the provisions of this article
and the following regulations:
A.
Wearing of registration tag. All dogs which are required
by the provisions of this article to be licensed shall wear a collar
or harness with the registration tag for the dog securely fastened
thereto.
B.
Use of registration tags. No person, except an officer
in the performance of his duties, shall remove a registration tag
from the collar of any dog without the consent of the owner, nor shall
any person attach a registration tag to a dog for which it was not
issued.
C.
Interference with official duties. No person shall
hinder, molest or interfere with anyone authorized or empowered to
perform any duty under this article.
D.
Disturbing the peace. No person shall own, keep, harbor
or maintain any dog which habitually barks or cries between the hours
of 8:00 p.m. and 8:00 a.m.
E.
Leashing of dogs. No person owning, keeping or harboring
any dog shall suffer or permit it to be upon the public streets or
in any of the public places of the Township 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 eight feet long.
F.
Property damage. No person owning, keeping or harboring
a dog shall permit or suffer it to do any injury or to do any damage
to any lawn, shrubbery, flowers, grounds or property.
Where it has been determined by a physician
that a person has been bitten by a dog, the individual, or his parent
or guardian if he is a minor, shall immediately notify the police.
When the owner or keeper of any dog is notified by the police that
the dog has bitten any individual or individuals, the owner or keeper
of the dog must comply with the following procedures:
A.
Have the dog examined by a licensed veterinarian within
12 hours.
B.
Have the dog kept in quarantine in the owner's home
or at a kennel for a period of 10 days.
C.
At the end of 10 days have the dog reexamined by a
veterinarian and a written report of the dog's state of health sent
to the Board of Health.
The Chairman of the Township Committee shall
have the power to appoint a Poundmaster or an agency to serve as Poundmaster,
whose duty it shall be to enforce the provisions of this article.
The Chairman of the Township Committee shall also have the power to
appoint any agency or one or more persons, to be known as "dogcatchers,"
who may impound unlicensed dogs running at large in violation of the
provisions of this article.
Any person or persons found guilty of violating
any of the provisions of this article shall be punished by a fine
not exceeding $500 or by imprisonment in the county jail for a term
not exceeding 90 days, or both, at the discretion of the Municipal
Judge of the Township of Deerfield.
[Adopted 2-15-1984 by Ord. No. 1984-1 as Ch. 47, Art. II,
of the 1984 Code]
Any person who keeps or operates or proposes
to establish a kennel, pet shop, shelter or pound shall apply to the
Township Clerk for a license entitling him to keep or operate such
establishment. 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 the written approval of the Health Officer of the Township
of Deerfield, showing compliance with the local and state rules and
regulations governing the location of and sanitation at such establishment.
[Amended 12-1-2004 by Ord. No. 2004-7]
The annual license fee for a kennel providing
accommodations for four or less dogs shall be $10, and for more than
four dogs, $25. The annual license fee for a pet shop shall be $10.
No fee shall be charged for a shelter.
All licenses issued for a kennel, pet shop or
shelter shall state the purpose for which the establishment is maintained,
and all such licenses shall expire on the last day of January of each
year and be subject to revocation by the municipality on recommendation
of the State Department of Health or Health Officer of the Township
of Deerfield for failure to comply with the rules and regulations
of the State Department or the Health Department of the Township of
Deerfield, after the owner has been afforded a hearing by either the
State Department or local department.
