[Adopted 5-17-1974 as Ch. 60 of the 1974 Code]
As used in this article, the following terms shall have the meanings indicated:
- Includes all canines irrespective of age, sex or breed.
[Amended 7-28-1988 by Ord. No. 38-88]
The owner of any dog or dogs in the Township of Lacey shall be responsible to control the dog or dogs in the manner provided herein.
No dog shall be allowed to run at large on private property, other than the property of its owner or custodian, or on any of the public streets or public places of this Township unless such dog is accompanied by a person who is capable of controlling it and the dog is securely confined and controlled by an adequate leash not more than six feet long.
No person owning or having the care, custody or control of any dog shall permit such dog to soil, defile or defecate upon any sidewalk or street or upon any public property or in or upon the property of persons other than the owner or person having the care, custody or control of such dog. If a dog should defecate upon any sidewalk, street, public property or property of persons other than the owner or person having the care, custody or control of such dog, the owner or person having the care, custody or control of such dog shall be responsible for the removal of such defecation from such property and shall properly dispose of the same.
[Amended 7-11-1996 by Ord. No. 96-36]
Any dog while engaged in hunting or training for hunting shall be in the immediate control, custody or management of its owner or custodian. The owner, lessee or custodian of a dog found running at large in the woods or fields shall be liable to a penalty of $20 for each offense.
The owner or custodian of any dog shall be responsible for the damages done by such dog.
No person shall own, keep or harbor any dog which has attained or shall attain the age of seven months or shall possess a set of permanent teeth, within the Township, unless he first obtains a license and official metal registration tag therefor, issued by the Board of Health upon application and payment of the prescribed fee.
The license shall contain the name and address of the owner of such dog; a short description of the dog, indicating the breed, sex and markings; the number of such license; and shall bear the signature of the Chairman of the Board of Health or a person or persons designated by him. Said license and official metal registration tag shall be procured during the month of June in each year, and said registration tag shall thereafter be securely fastened to a collar or harness placed upon said dog.
[Amended 1-25-1996 by Ord. No. 96-03]
License and registration fees.
[Amended 9-20-1974; 9-27-1981 by Ord. No. 31-81; 10-9-1986 by Ord. No. 52-86; 1-22-1987 by Ord. No. 2-87]
The person applying for the license and registration tag shall pay to the Board of Health a fee of $10.80 for each dog. Each license and tag shall be renewed annually. Each license and tag shall be renewed either prior to or upon the expiration of the license previously issued and for each animal renewal, a fee for the license and registration tag shall be paid. Said license and registration tags and renewals thereof shall expire no later than June 30 in the year stated on the license. In the event the license and registration tags are not renewed within 45 days after June 30 of the year stated on the license, there will be an additional fee of $20 as a late fee for the renewal of the license and registration tags.
[Amended 12-17-1992 by Ord. No. 92-81; 1-25-1996 by Ord. No. 96-03; 6-27-2002 by Ord. No. 02-16; 4-12-2007 by Ord. No. 2007-08]
Editor's Note: This ordinance is effective starting with the 2007-2008 licensing period.
The person applying for the license and registration tag shall pay, in addition to the fees set forth in § 134-5C(1), the sum of $1 for a one-year registration for each dog.
Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and such license and tag issued by any other municipality shall be accepted by the Township as evidence of compliance with this section.
Dogs used as guides for handicapped persons and commonly known as "Seeing Eye" dogs, "hearing ear" dogs or "service" dogs, as provided in N.J.S.A. 4:19-15.3, shall be licensed and registered as other dogs herein provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
[Amended 1-25-1996 by Ord. No. 96-03; 7-11-1996 by Ord. No. 96-36]
Application forms for license and uniform official metal registration tags designed by the State Department of Health shall be furnished by the Township, and licenses shall be numbered serially and shall bear the year of issuance and the name of the Township.
The owner of any newly acquired dog which has attained or shall attain the age of seven months or shall possess a set of permanent teeth shall apply for a license and registration tag for such dog within 10 days after such acquisition or age attainment.
Any person who shall bring or shall cause to be brought into the Township any dog licensed in another state for the current licensing year and bearing a registration tag and shall keep the same or permit the same to be kept within the Township for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog. Any person who shall bring or cause to be brought into the Township any unlicensed dog and shall keep the same or permit the same to be kept within the Township for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog.
No person except an official or agent 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.
Allowing any dog to run at large or allowing any dog to annoy other inhabitants of this Township is hereby declared to be a nuisance.
[Amended 7-11-1996 by Ord. No. 96-36]
In the event that any dog shall be found running at large upon any public or private property other than the property of the person owning, keeping or harboring said dog, in violation of any of the provisions of this article, such dog shall be forthwith taken and impounded by the police, Dog Warden or other duly authorized official or agent of this Township and shall be kept and confined for a period of time of not more than 10 days and shall then be destroyed in a manner causing as little pain as possible and consistent with the provisions of N.J.S.A. 4:22-19 or offered for adoption; provided, however, that:
Notice is given as set forth in N.J.S.A. 4:19-15.16 and the animal remains unclaimed; or
The person owning, keeping or harboring the animal has not claimed the animal and paid all expenses incurred by reason of its detention, including maintenance cost not exceeding $4 per day, or the person does not produce a license and registration tag for a dog which was unlicensed at the time of seizure.
If adopted, at the time of adoption, the right of ownership in the animal shall transfer to the new owner.
[Added 9-24-2015 by Ord. No. 2015-10]
It is unlawful to chain or tether unneutered/unspayed dogs in any manner and/or at any time within the Township.
Neutered/Spayed dogs may be tethered under the following circumstances:
The tether must be at least 15 feet long and have an operative swivel on both ends, weigh no more than 1/8 of the dog's weight and be attached to a properly fitted collar or harness.
The collar used for tethering may not be a choke chain collar, slip collar or prong collar.
The tether must allow the dog access to proper shelter, sufficient food and sufficient water.
The tether may not be used in any area where it may be tangled around an object, such as, but not limited to, a tree, pole, fence or stake.
The tether cannot inhibit the movement of the animal's limbs or cause injury, harm, entanglement or strangulation.
The tether must restrain the dog within the bounds of the owner's or custodian's property.
The tether must terminate no less than five feet from any fence, pool, wall, vehicle, tree or roadway, or other object or obstruction upon which the animal might harm himself.
Dogs may be tethered for no more than six consecutive hours in any twenty-four-hour period of time and never between 10:00 p.m. and 6:00 a.m.
If there are multiple dogs, each dog shall be tethered separately and in such a manner that the tethers shall not become entangled with each other.
No dog shall be tethered at a vacant structure or premises for any purpose when it is not monitored by a competent adult who is present at the property for the duration of such tethering.
No dog that is sick or injured shall be tethered.
Dog shelters shall be a suitable size to accommodate the dog in both standing and lying positions.
It shall be moisture-proof, windproof, ventilated and in cold temperatures shall promote the retention of body heat.
It shall be made of durable material with a solid, moisture-proof floor raised at least two inches from the ground.
It shall have a sufficient quantity of clean bedding material consisting of hay, straw, cedar shavings, or equivalent to provide insulation and protection against cold and dampness.
Drinking water is available in a clean, liquid state. Snow or ice is not an acceptable water source.
The doghouse or similar structure and the surrounding area shall be free from excessive dirt, trash and waste.
For temperatures below 32º F., the doghouse or structure shall have a wind break at the entrance.
For temperatures above 85º F., all dogs must be afforded one or more separate areas of shade large enough to accommodate the entire body of each dog and protect them from the direct rays of the sun.
When a violation of this provision occurs, an Animal Control Officer and/or Code Enforcement Officer is authorized to document the circumstances, and obtain evidence. Violations of this section shall be subject to provisions of § 134-7 (impounding) and § 134-8 (violations). For subsequent offenses, there may be a permanent surrender of the dog if recommended by Animal Control and ordered by the municipal court.
[Amended 1-25-1996 by Ord. No. 96-03]
Any person who violates, fails or refuses to comply with § 134-5 of this article shall be liable to a penalty of not less than $5 nor more than $50 for each offense, except for the first offense the penalty shall be not less than $1 nor more than $50, as determined in the discretion of the Municipal Court Judge.
Any person violating or failing to comply with any other provision of this article shall, upon conviction thereof, be punishable by a fine not to exceed $1,000, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The combination of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provisions of this article shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.