[Adopted 7-10-1990 by Ord. No. 1586 (Ch.
115, Art. II, of the 1990 Code); amended in its entirety 11-8-2012 by Ord. No.
3993]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any person or agency designated or certified by the State
of New Jersey to enforce the provisions of this article.
Any member of the domestic feline species; male, female,
or altered.[1]
Any cat which has attained the age of four months or which
possesses a set of permanent teeth.
The placement of a microchip or passive or inert radio frequency
identification device, internal or external to the animal, to enable
identification of the animal.
Any dog, bitch or spayed bitch.
When applied to the proprietorship of a dog or cat, includes
every person having a right of property or custody in such dog or
cat and every person who has such dog or cat in his keeping or who
harbors or maintains a dog or cat or knowingly permits a dog or cat
to remain on or about any premises occupied by that person.
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
An establishment for the confinement of dogs or cats seized
either under the provisions of this article or otherwise.
[1]
Editor's Note: The former definition of “cat of licensing
age,” which immediately followed this definition, was repealed
3-26-2019 by Ord. No. 4276-19.
A.
Dogs.
(1)
Dogs shall be duly licensed and shall bear evidence of such license
at all times, in accordance with the laws of the State of New Jersey.
Any person who shall own, keep or harbor a dog of licensing age shall,
in the month of January or as soon thereafter as such dog becomes
of licensing age, license said dog.
(2)
The annual fee for such license shall be $14.80 (effective January
1, 2019) for each altered (spayed/neutered) dog and each unaltered
dog and, in addition thereto, the sum of $1.20 for the registration
tag of each altered dog and $4.20 for each unaltered dog.
[Amended 9-13-2018 by Ord. No. 4239-18]
(3)
The owner or person keeping or harboring any dog may, if the license
tag is mislaid, stolen or lost, procure a duplicate tag upon the payment
of an additional $2.
(4)
Licenses, registration tags and renewals thereof shall expire on
the last day of January of each year.
[Amended 3-26-2019 by Ord. No. 4276-19; 1-3-2023 by Ord. No. 4388-22]
A.
Dogs. Fees for licenses issued after February 1 of each year shall include those license and registration tag fees set forth in § 115-8A. In addition thereto, a late fee shall be imposed in the amount of $5. The aforementioned late licensing fee shall not apply to dogs which have been acquired by the owner after February 1, provided that the license is acquired within 30 days of acquisition. The owner, however, shall present sufficient proof to establish the date upon which the dog was acquired.
[1]
Editor's Note: Former § 115-10, Licensing exemptions,
was repealed 3-26-2019 by Ord. No. 4276-19.
[Amended 3-26-2019 by Ord. No. 4276-19]
The Township may provide a waiver of the fees set forth in § 115-8A to those owners who meet the following criteria:
A.
Are totally disabled according to the provisions of the federal Social
Security Act, 42 U.S.C. § 301 et seq. or disabled under
any federal law administered by the United States Department of Veterans
Affairs if the disability is rated as 60% or higher;
B.
The person is annually eligible to receive assistance under the "Pharmaceutical
Assistance to the Aged and Disabled" (PAAD) program P.L. 1975, c.
194 (N.J.S.A. 30:4D-20 et seq.); or
C.
Has a total income not in excess of $10,000 per year exclusive of
benefits under any one of the following:
(1)
The federal Social Security Act, 42 U.S.C. § 301 et seq.
and all amendments and supplements thereto;
(2)
Any other program of the federal government or pursuant to any other federal law which provides benefits in whole or in part in lieu of benefits referred to in, or for persons excluded from coverage under Subsection A of this section, including, but not limited to, the federal Railroad Retirement Act of 1974, 45 U.S.C. § 231 et seq., and federal pension, disability and retirement programs; or
(3)
Pension, disability or retirement programs of any state or its political subdivisions, or agencies thereof, for persons not covered under Subsection A of this section, except that the total amount of benefits to be allowed exclusion by any owner under Subsection B or C of this section shall not be in excess of the maximum amount of benefits payable to, and allowable for exclusion by, an owner in similar circumstances under Subsection A of this section.
[Amended 3-26-2019 by Ord. No. 4276-19]
No license to own, keep or harbor a dog in the Township shall
be issued to or in the name of a minor.
[Amended 3-26-2019 by Ord. No. 4276-19]
A.
Any person who shall own, keep or harbor a dog shall procure and
possess a licensed veterinarian's certificate indicating that such
dog has been inoculated against rabies with a vaccine approved by
the State Department of Health and setting forth the date of such
inoculation and the duration of immunity. The certificate of inoculation
shall be exhibited to the dog licensing official of the municipality
when application for a dog license is made. No dog licensing official
shall grant a dog license until said veterinarian's certificate is
shown in evidence as proof of rabies inoculation. Said certification
shall also be produced by any person owning, keeping or harboring
a dog upon the request of any dog licensing enforcement official.
B.
The dog licensing official may grant an exception to the requirement that a veterinarian's certificate be presented prior to issuance of a dog license when the dog is in the custody of the Township Animal Control Division for failure to have a valid dog license. The owner shall be permitted to obtain from the dog licensing official at the request of the Animal Control Officer a temporary dog license which will allow release of the dog from the Animal Control Division to permit the owner to obtain a veterinarian's certificate of rabies inoculation as specified in Subsection A above. The dog owner shall have the dog inoculated and present a veterinarian's certificate to the dog licensing official within 10 days of issuance of the temporary license. The Department of Animal Control shall be responsible for insuring that the owner complies with this requirement.
C.
The dog licensing official may grant exemption to the rabies inoculation
requirement:
(1)
Upon presentation to the licensing enforcement official of a veterinarian's
certificate stating that, because of an infirmity, other physical
condition or regimen of therapy, the inoculation of such dog shall
be deemed inadvisable.
(2)
Dogs in veterinary hospitals, kennels, pet shops, pounds or shelters,
dogs in transit or dogs brought into the state temporarily for the
sole purpose of showing in dog shows or exhibitions.
No dog or cat shall be permitted to run at large in this Township.
Any dog off of the premises of the person owning, keeping or
harboring it shall be accompanied by a person who is capable of controlling
it and who has the dog securely confined and controlled by an adequate
leash not more than six feet long except as permitted by Subsections
A and B herein:
A.
Hunting dogs may be unleashed in permitted areas in the pursuit of
legal game during such seasons as are established by the state, and
the training or exercising of unleashed hunting dogs during other
seasons shall be permitted, provided that the dog is accompanied by
and under the control of an adult owner, custodian or trainer.
B.
Dogs may be unleashed in special areas provided for such purposes,
commonly known as "dog parks," provided that the dog is accompanied
by and under the control of an adult owner, custodian or trainer.
A dog park is defined as a fenced/double-gated area set aside for
the socializing and exercising of dogs.
No person owning, keeping or harboring a dog or cat shall permit
the same or suffer it to do any bodily injury to any person not on
his property or to do any damage to any lawn, shrubbery, flowers,
grounds or property of persons other than the owner or person having
the care, custody or control of such dog or cat or to do damage to
any animals owned by any other person other than the owner or person
having the care, custody or control of such dog or cat.
[Amended 6-27-2023 by Ord. No. 4416-23]
Any person who shall own, keep or harbor a dog or cat shall,
whenever such dog or cat has inflicted a bite on any person or another
animal, immediately report, within 24 hours, said bite to the Health
Officer or his representative and quarantine the animal for a period
of not less than 10 days in the home or at a place designated by the
Health Officer or his designated representative. During confinement
or at the conclusion of 10 days, the animal shall be examined by the
Health Officer, his designated representative or a qualified veterinarian.
Following a veterinarian's certificate indicating the dog's or cat's
condition to the Health Officer, the Health Officer shall then forward
a copy of such certificate to the victim or his examining physician.
A copy of such certificate shall be forwarded regardless of whether
or not the report from the veterinarian is positive or negative.
A.
No person owning, harboring, keeping or in charge of any dog shall
cause, suffer or allow such dog to soil, defile, defecate on or commit
any nuisance on any common thoroughfare, sidewalk, passageway, bypath,
play area, park or any public property where people congregate or
walk or upon any private property without the permission of the owner
of said private property.
B.
The restriction in this section shall not apply to that portion of
the street lying between the curblines, which shall be used to curb
such dog under the following conditions:
(1)
The person who so curbs such dog shall immediately remove all feces
deposited by such dog by any sanitary method approved by the local
health authority.
(2)
The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring, keeping or in charge
of any dog curbed in accordance with the provisions of this section,
in a sanitary manner approved by the local health authority.
No person shall own, possess or harbor any pet animal or pet
bird that frequently or for continued duration make sounds that create
a noise disturbance across a residential real property line. For the
purpose of this section, a noise disturbance from a barking dog shall
be defined as that created by a dog barking continually for 10 minutes
or intermittently for 30 minutes, unless the dog is provoked.
No owner shall fail to provide his animals with sufficient and
wholesome food and fresh water, proper shelter and protection from
the weather, veterinary care when needed to prevent suffering and
with humane care and treatment. For the purpose of this section, proper
shelter shall be defined as a doghouse with sound sides, top and bottom
with a slanted roof to provide runoff from rain and snow. There shall
be a covering over the entranceway to prevent rain, wind and snow
from entering the structure, and shall be large enough for the animal
to stand up in a natural position and turn around without touching
the top or sides.
A.
If feral (wild) cats become destructive or an annoyance, it shall
be the responsibility of property owners to set and maintain traps
for the removal of such feral (wild) cats inhabiting their private
property. Once trapped, the Township Division of Animal Control will
accept the animals for disposal. For purposes of this section, the
term "private property" shall include common areas owned by homeowners'
associations, regardless of whether or not the homeowners' association
has granted permission to the Township to enter upon said common areas
for the purpose of enforcing owners regarding dogs and/or cats running
at large.
B.
A borrowing fee of $3 per day shall be charged for each trap borrowed.
A deposit of $50 shall be collected for each trap. The borrowing fee
shall be deducted from the deposit, and any balance remaining shall
be refunded to the borrower upon return of the trap.
The governing body of the municipality shall appoint a certified
Animal Control Officer who shall be responsible for animal control
within the jurisdiction of the municipality and who shall enforce
and abide by the provisions of this article.
A.
Any person appointed for the purpose by the governing body of the
municipality shall take into custody and impound or cause to be taken
into custody and impounded and thereafter destroyed or disposed of
as provided in this section:
(1)
Any dog off the premises of the owner or of the person keeping or
harboring said dog which said official or his agent or agents have
reason to believe is a stray dog.
(2)
Any dog off the premises of the owner or of the person keeping or
harboring said dog without a current registration tag on his collar.
(3)
Any female dog in season off the premises of the owner or of the
person keeping or harboring said dog.
(4)
Any dog or other animal which is suspected to be rabid.
(5)
Any dog or other animal off the premises of the owner reported to
or observed by a certified Animal Control Officer to be ill, injured
or creating a threat to public health, safety or welfare or otherwise
interfering with the enjoyment of property.
B.
If any animal so seized wears a collar or harness having inscribed
thereon or attached thereto the name and address of any person or
a registration tag or the owner or the person keeping or harboring
said animals is known any person authorized by the governing body
shall forthwith serve on the person whose address is given on the
collar or on the owner or the person keeping or harboring said animal,
if known, a notice, in writing, stating that the animal has been seized
and will be liable to be destroyed or offered for adoption if not
claimed within seven days after the service of the notice.
C.
A notice under this section may be served either by delivering it
to the person on whom it is to be served or by leaving it at the person's
usual or last known place of abode or at the address given on the
collar or by forwarding it by post in a prepaid letter addressed to
that person at his usual or last known place of abode or to the address
given on the collar.
D.
When any dog so seized has been detained for seven days after notice,
when notice can be given as above set forth, or has been detained
for seven days after seizure, when no notice has been given as above
set forth and if the owner or person keeping or harboring said dog
has not claimed said dog and paid all expenses incurred by reason
of its detention, including maintenance not exceeding $4 per dog,
and if the dog is unlicensed at the time of the seizure and the owner
or person keeping or harboring said dog has not produced a license
and registration tag for said dog, any person authorized by the governing
body may cause the dog to be destroyed in manner causing as little
pain as possible and consistent with the provisions of N.J.S.A. 4:22-19.
No dog or other animal so caused and detained or procured, obtained,
sent to brought to a pound or shelter shall be sold or otherwise made
available for the purpose of experimentation. Any person who sells
or otherwise makes available any such dog or other animal for the
purpose of experimentation shall be guilty of a disorderly persons
offense.
E.
After observation, any animal seized under this section suspected
of being rabid shall be immediately reported to the executive officer
of the Local Board of Health and to the Department of Health.
When any dog or cat so seized has been detained for seven days
after notice, when notice can be given, or has been detained for seven
days after seizure when notice cannot be given, in accordance with
the laws of the state, and if the owner or person keeping or harboring
the dog or cat has not claimed such dog or cat 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 Animal Control Officer or other
designated authority may cause the dog or cat to be destroyed in a
manner causing as little pain as possible, or offer same for adoption,
in accordance with N.J.S.A. 4:19-15.16. Failure of the owner of such
dog or cat to claim the animal within such seven days shall constitute
a violation of this article.
The provisions of this article shall be enforced by the Police
Department, the Animal Control Officer and the Local Board of Health.
No person shall hinder, molest, or interfere with anyone authorized
or empowered to perform any duty under this article.
[Amended 3-26-2019 by Ord. No. 4276-19]
Any cat for which there is no owner as described in § 115-7 shall be deemed a stray. Stray cats may be confiscated by the Township of Franklin Animal Control Officer or his/her designee. All stray cats will be held at the animal control facility for at least seven days unless advised by a veterinarian to euthanize for humane or public health reasons.
The provisions of Articles I and II shall be applicable to any property held in common ownership where the entity holding title to such property has executed an agreement with the Township of Franklin authorizing the Township or any agent, servant or employee thereof to enter onto such property and to enforce the provisions of Articles I and II.
Except as provided in N.J.S.A. 4:19-15.19, any person, firm or corporation who shall violate any provision of this article shall, upon conviction for a first offense be subject to the penalties provided in Chapter 1, Article II, General Penalty, at the discretion of the court. Every day that a violation continues after due notice has been served in accordance with the terms and provisions hereof shall be deemed a separate offense.
