Township of Franklin, NJ
Somerset County
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Table of Contents
Table of Contents
[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:
ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the State of New Jersey to enforce the provisions of this article.
CAT
Any member of the domestic feline species; male, female, or altered.[1]
CAT VACCINATION AGE
Any cat which has attained the age of four months or which possesses a set of permanent teeth.
CHIPPED
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.
DOG
Any dog, bitch or spayed bitch.
FARM
A farm as set forth in the Township's Right to Farm Ordinance at Chapter 112, Article XXI, as may be amended from time to time, or farmland qualified for assessment.
OWNER
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.
PERSON
Any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
POUND
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Editor's Note: The former definition of “cat of licensing age,” which immediately followed this definition, was repealed 3-26-2019 by Ord.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.
(5) 
Dog licenses are not transferable from one owner to another.[1]
[1]
Editor's Note: Former Subsection B, Cats, which immediately followed this subsection, was repealed 3-26-2019 by Ord. No. 4276-19.
A. 
Dogs.
(1) 
Fees for licenses issued after February 1 of each year shall include those license and registration tag fees set forth in § 115-8A.
(2) 
In addition thereto, a late fee shall be imposed as follows:
Months
Late Fees
February to April
$5
May to July
$10
August to October
$15
November to December
$20
(3) 
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]
[1]
Editor's Note: Former Subsection B, Cats, which immediately followed this subsection, was repealed 3-26-2019 by Ord. No. 4276-19.
[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.
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, 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.