[Adopted 10-1-1975 as Ch. 49 of the 1975 Code]
A.
Word usage.
(1)
The words "and" and "or" may be used interchangeably,
and either of the two may be applicable, whichever is more conducive
toward the effectuating of this article.
(2)
Personal pronouns shall mean either the singular or
the plural, whichever is applicable and conducive towards the effectuating
of this article.
(3)
The masculine, feminine or neuter gender shall be
implied, whichever is appropriate and conducive towards the effectuating
of this article.
B.
ANIMAL CARE FACILITY
ANIMAL RESCUE ORGANIZATION
CAT
DOG
DOG OF LICENSING AGE
KENNEL
OWNER
PERSON
OFFER FOR SALE
PET SHOP
POUND
SHELTER
TOWNSHIP
The words hereinafter defined shall have the meanings
herein indicated for the purpose of this article as follows:
An animal control center or animal shelter, maintained by
or under contract with any state, county, or municipality, whose mission
and practice is, in whole, or significant part, the rescue and placement
of animals in permanent homes or rescue organizations.
[Added 6-22-2017 by Ord.
No. 2017-10]
Any not-for-profit organization which has tax-exempt status
under Section 501(c)(3) of the United States Internal Revenue Code,
whose mission and practice is, in whole or in significant part, the
rescue and placement of animals in permanent homes.
[Added 6-22-2017 by Ord.
No. 2017-10]
A member of the species of domestic cat, Felis catus.
[Added 6-22-2017 by Ord.
No. 2017-10]
A member of the species of domestic dog, Canis familiaris.
[Amended 6-22-2017 by Ord. No. 2017-10]
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any establishment wherein or premises whereon the business
of boarding or selling dogs or breeding dogs for sale is carried on,
except a pet shop.
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
has such dog in his or her keeping.
An individual, firm, partnership, corporation or association
of persons.
To sell, offer for sale or adoption, advertise for the sale
of, barter, auction, give away or otherwise dispose of a dog or cat.
[Added 6-22-2017 by Ord.
No. 2017-10]
A retail establishment where dogs and cats are sold, exchanged,
bartered or offered for sale as pet animals to the general public
at retail. Such definition shall not include an animal care facility
or animal rescue organization, as defined.
[Amended 6-22-2017 by Ord. No. 2017-10]
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Any establishment where dogs are received, housed and distributed
without charge.
The Township of Maple Shade, in the County of Burlington.
No person shall keep or harbor any dog within
the Township of Maple Shade, in the County of Burlington, without
first obtaining a license therefor, to be issued by the Collector
of Taxes of the Township upon application by the owner and payment
of a prescribed fee, and no person shall keep or harbor any dog in
said Township except in compliance with the provisions of this article.
[Amended 10-6-1982 by Ord. No. 1982-16]
No person shall keep or harbor more than four
dogs over the age of six months within the Township of Maple Shade,
in the County of Burlington, on any premises or lot, with the exception
of kennels, pet shops, pounds or shelters as defined herein and in
applicable law. In the event that the area of the premises is in excess
of one acre, a person may keep or harbor no more than six dogs over
the age of six months with the heretofore stated exceptions. Persons
owning more than the aforementioned stated number of dogs as of November
5, 1982, shall conform to the provisions of this section by November
5, 1987. In the event that any person keeps or harbors dogs in excess
of the aforementioned permitted number (said dogs being referred to
hereinafter as "excess dogs"), he or she shall not replace or substitute
any dog for an excess dog which dies or permanently leaves the premises.
The number and identity of the dogs to be permitted on a premises
after October 1, 1982, shall be determined by the issuance of the
dog licenses hereinafter provided.
[Amended 9-20-2000 by Ord. No. 2000-11]
Any person who shall own, keep or harbor a dog
of licensing age shall, by March 1 of each year, apply for and procure
from the Collector of Taxes of the Township a license and official
registration tag for each such dog so owned, kept or harbored, and
shall place upon each such dog a collar or harness with the registration
tag securely fastened thereto.
[Amended 10-7-1981 by Ord. No. 1981-17; 10-5-1983 by Ord. No. 1983-12; 9-20-2000 by Ord. No. 2000-11]
A.
The person applying for the license and registration
tag shall pay a fee for the registration of each dog and for each
annual renewal. The fee for the license and registration shall be
the same as for the original license and tag; and said licenses, registration
tags and renewals thereof shall expire on the last day of February
in each year.
B.
Dogs used as guides for blind persons and commonly
known as "seeing eye" dogs, dogs used to assist handicapped persons
and commonly known as "service dogs," or dogs used to assist deaf
persons and commonly known as "hearing ear" dogs shall be licensed
and registered as other dogs hereinabove provided for, except that
the owner or keeper of such dog shall not be required to pay any fee
therefor.
The owner of any newly acquired dog of licensing
age or of any dog which attains licensing age shall make application
for a license and registration tag for such dog, within 10 days after
such acquisition or age attainment.
A.
The application shall state the breed, sex, age, color
and markings of the dog for which the license and registration are
sought, and whether it is of a long- or short-haired variety; also
the name, street and post office address of the owner and the person
who shall keep or harbor such dog.
B.
The information on said application and the registration
number issued for the dog shall be preserved for a period of three
years by the Collector of Taxes of the Township. In addition, he or
she shall forward similar information to the State Department of Health
each month, on forms furnished by said Department.
C.
Registration numbers shall be issued in the order
of the applications.
A.
Any person who shall bring or cause to be brought into the Township of Maple Shade, in the County of Burlington, any dog licensed in another state for the current 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, unless such dog is licensed under § 63-10 of this article.
B.
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, unless such dog is licensed under § 63-10 of this article.
No person, except an officer in the performance
of his or her 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.
A.
Any person who keeps or operates or proposes to establish
a kennel, pet shop, shelter or pound shall apply to the Collector
of Taxes of the Township for a license entitling him to keep or operate
such establishment, which 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 governing body, showing
compliance with the local and state rules and regulations governing
the location of and sanitation at such establishments.
B.
All licenses issued for a kennel, pet shop, shelter
or pound shall state the purpose for which the establishment is maintained,
and all such licenses shall expire on the last day of June of each
year and shall be subject to revocation by the governing body on the
recommendations of the State Department of Health or the Township
Manager for failure to comply with the rules and regulations of the
State Department of Health or the ordinances of the Township governing
the same, after the owner has been afforded a hearing by either the
State Department of Health or the governing body.
[Amended 9-20-2000 by Ord. No. 2000-11]
C.
Any person holding such license shall not be required
to secure individual licenses for dogs owned by such licensee and
kept at such establishments; such licenses shall not be transferable
to another owner or different premises.
D.
Every pet shop licensed pursuant to this chapter shall submit annually
to the Township, and no later than May 1 of each year, records of
the total number of cats and dogs, respectively, sold by the pet shop,
and the Township shall provide this information to the local health
authority.
[Added 6-22-2017 by Ord.
No. 2017-10]
[Amended 4-18-1990 by Ord. No. 1990-4]
The annual license fee for a kennel and for pet shops shall be as set forth in Chapter 88, Fees.
[Added 6-22-2017 by Ord.
No. 2017-10]
No dog kept in a kennel, pet shop, shelter or
pound shall be permitted off such premises except on a leash or in
a crate or under other safe control.
A.
License fees and other moneys collected or received
under the provisions of this article, except registration tag fees,
Pilot Spay Neutering Clinic Fund (PCF) fees, and Animal Population
Control Fund (APCF) fees, shall be forwarded to the Treasurer of the
Township within 30 days after collection or receipt, shall be placed
in a special account separate from any of the other accounts of the
Township and shall be used for the following purposes only:
[Amended 10-5-1983 by Ord. No. 1983-12]
(1)
For collecting, keeping and disposing of dogs liable
to seizure under this article.
(2)
For local prevention and control of rabies.
(3)
For providing antirabic treatment for any person known
or suspected to have been exposed to rabies.
(4)
For payment of damage to or losses of poultry and
domestic animals, except dogs and cats, caused by a dog or dogs.
(5)
For all other purposes prescribed by the statutes
of New Jersey governing the subject.
(6)
For administering the provisions of this article.
B.
Any unexpended balance remaining in such special account
shall be retained therein until the end of the third fiscal year thereafter;
there shall be transferred from such special account to the general
funds of the Township any amount then in such account which is in
excess of the total amount paid into said special account during the
last two fiscal years next preceding; provided, nevertheless, that
there may be transferred from said special account to the general
funds of the Township at the end of each fiscal year occurring prior
to the end of the third fiscal year following passage hereof, all
moneys then in said account in excess of the total amount paid into
the same during the next two preceding years.
C.
The registration tag fee of $1, the Pilot Spay Neutering
Clinic Fund (PCF) fee of $0.20 and the Animal Population Control Fund
(APCF) fee of $3 assessed for any nonsterilized dog of reproductive
age shall be forwarded within 30 days after collection by the Collector
of Taxes to the State Department of Health.
[Amended 10-5-1983 by Ord. No. 1983-12]
The Collector of Taxes of the Township shall
forward to the State Department of Health a list of all kennels, pet
shops, shelters and pounds licensed within 30 days after the licenses
therefor are issued, which list shall include the name and address
of the licensee and the kind of license issued.
Any person appointed for the purpose by the
governing body 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 report to the Collector of Taxes of the Township, the
Township Manager of the Township and to the State Department of Health
the result thereof, setting forth in separate columns the names and
addresses of persons owning, keeping or harboring such dogs, the number
of licensed dogs owned, kept or harbored by each of said persons,
together with the registration number of each of said dogs, and the
number of unlicensed dogs owned, kept or harbored by each of said
persons, together with a complete description of each of said unlicensed
dogs.
A.
Any person appointed for the purpose by the governing
body of the Township shall take into custody and impound or cause
to be taken into custody and impounded, and thereafter be offered
for adoption or destroyed of as provided in this section:
[Amended 9-20-2000 by Ord. No. 2000-11]
(1)
Any dog off the premises of the owner or of the person
keeping or harboring said dog which said official or his or her 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 or her 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 dog 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 if the owner or the person keeping
or harboring said dog is known, any person authorized by the governing
body shall forthwith serve on the person keeping or harboring said
dog, if known, a notice in writing stating that the dog has been seized
and will be liable to be offered for adoption or destroyed if not
claimed within seven days after the service of the notice.
[Amended 9-20-2000 by Ord. No. 2000-11]
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 or her 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 notice has not
been and cannot be given as above set forth, and 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 day, or if the dog be 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 offered
for adoption or destroyed in a manner causing as little pain as possible.
[Amended 9-20-2000 by Ord. No. 2000-11]
Any officer or agent authorized or empowered
to perform any duty under this article is hereby authorized to go
upon any premises to seize for impounding any dog or dogs which he
or she may lawfully seize and impound when such officer is in immediate
pursuit of such dog or dogs, except upon the premises of the owner
of the dog if said owner is present and forbids the same.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
article.
[Amended 10-6-1982 by Ord. No. 1982-16]
No person shall keep, harbor or maintain any dog which continuously barks or cries. Any dog which continuously barks or cries shall be deemed to be an objectionable noise pursuant to the Public Health Nuisance Code adopted pursuant to Chapter 130 of the Code of the Township of Maple Shade.
No person owning, keeping or harboring any dog
shall suffer or permit it to run at large upon the public streets
or in any public park or in any public building or in any other public
place within the Township of Maple Shade, in the County of Burlington,
or upon any private premises outside the premises of the owner.
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.[1]
[1]
Editor's Note: Former § 49-21, Vicious
dogs, which immediately followed this section, was deleted 9-20-2000
by Ord. No. 2000-11.
[Added 12-20-2000 by Ord. No. 2000-21]
A.
No person owning, keeping, harboring or having the
custody or possession of a vicious or potentially dangerous dog, as
defined, whether registered or not, shall permit such dog to run at
large in the Township of Maple Shade or permit such dog to be in or
upon any public street, avenue, road or highway or in or upon any
public or quasi-public place unless such dog at such time shall be
led by a chain, cord or other leash in the hands of a person capable
of leading and controlling such dog or shall be securely confined
in an automobile or other vehicle.
B.
Any person who shall own, keep or harbor or have custody
or possession of an uncontrolled, vicious or potentially dangerous
dog, as defined, and who shall permit said dog to remain on his/her/its
premises but outside the confines of a closed structure thereon, must
muzzle, legally fence in or securely leash or chain said dog in such
a manner as to prevent said dog from attacking or biting a person
on said premises.
C.
No person, with the exception of duly appointed public
officials or employees acting in their official capacity, shall own,
keep, harbor or have custody or possession of any dog which has been
or shall be intentionally trained to attack, injure, maim or kill
any human being or domestic pet voluntarily or upon demand. Such dogs
shall include, but not be limited to, so-called "sentry," "security,"
"warehouse" or "K-9" animals which are trained to attack humans or
other animals.
[Added 12-20-2000 by Ord. No. 2000-21]
The Township of Maple Shade does hereby incorporate
N.J.S.A. 4:19-17 et seq. as applicable.
[Added 12-20-2000 by Ord. No. 2000-21]
The owner of a dog which is declared vicious
or potentially dangerous shall be responsible for all actual costs
and expenses in impounding and destroying the dog, convening the panel,
notices and such other administrative functions as may be required
to be provided by the Township.
[Added 12-20-2000 by Ord. No. 2000-21]
The annual license fee for a potentially dangerous
dog shall be the sum of $150.
[Added 12-20-2000 by Ord. No. 2000-21]
Said license shall provide for the issuance
of a dog registration number and a red identification tag. The last
three digits of the registration number shall be a three-digit number
assigned to the Township of Maple Shade pursuant to the regulations
promulgated pursuant to N.J.S.A. 4:19-19 et seq.
