[Adopted 9-21-1992 by Ord. No. 13-1992; amended in its entirety 12-7-2015 by Ord. No. 22-2015]
The words hereinafter defined shall have the meanings herein
prescribed for the purposes of this article as follows:
An animal of any age which has been left unattended, unclaimed,
unlicensed, or at large for a period of 72 hours or more.
Any method utilized to prevent reproduction of a dog or cat.
For the purposes of this article, an animal refers to a dog,
cat or domesticated animal.
A structure used for housing an animal outdoors on private
property or business property.
A multiple dwelling containing three dwelling units or more.
An unrestrained animal off the premises of the owner.
Any animal of the feline species (Felis catus).
An establishment for the treatment, care, boarding, or training
of dogs or cats for a fee, or a place where dogs or cats are bred
for resale or for a fee; and where the business is the primary source
of income; and where such establishment has been currently inspected
and approved for use by the Gloucester County Health Department and
any other applicable state agencies.
Any animal of the canine species (Canis familiaris) except
dingoes.
Any dog or cat which has attained the age of six months or
which possesses a set of permanent teeth.
An animal tamed and adapted to live in close association
with and to the benefit of humans.
Restrained by a leash no greater than six feet in length,
attached to a collar or harness of sufficient strength to restrain
the animal and which shall be held by a person having the ability
to control the animal at hand.
Any person having a right of property in any animal, or any
person who has an animal in his/her custody, or any person offering
or allowing access to food, water, or shelter to an animal, or any
person exercising control over an animal or permitting, allowing or
suffering an animal to remain on premises under his/her control, or
anyone who takes an animal out into the public streets, sidewalks
or public ways.
An individual, partnership, corporation or other entity.
Any dog or dog hybrid declared potentially dangerous by a
municipal court pursuant to Section 7 of P.L. 1989, c. 307 (N.J.S.A.
4:19-23).
A block and lot with an occupied dwelling unit or dwelling
units on it.
An establishment for the confinement of dogs or cats seized
under the provisions of this article.
An animal having no known owner or custodian or has no owner
information or identification attached.
To confine an animal with rope, chain, or similar material
by which an animal is fastened so that it is able to range or feed
only within certain limits.
Any Township Code Enforcement Official, Township Police Department
officer, Gloucester County Animal Control Officer, the Municipal Clerk,
or any other official or person assigned or designated by Mayor and
Council.
Any dog or dog hybrid declared vicious by a municipal court
pursuant to Section 6 of P.L. 1989, c. 307 (N.J.S.A. 4:19-22).
A.
License
requirement. No person shall own, keep, harbor, or maintain any dog
or cat over six months of age within the Township unless such dog
or cat is licensed. The provisions of this section do not apply to
dogs or cats held by a state or federally licensed research facility,
a veterinary establishment, shelter, pound, licensed commercial kennel,
or pet shop. No dog or cat may be licensed without proof of vaccination
as detailed below.
B.
Dogs
or cats subject to the licensing requirement. Any dog or cat is subject
to the following licensing requirements:
(1)
Any dog or cat acquired by any person during the course of any calendar
year and kept within the Township for more than 10 days after acquisition.
(2)
Any dog or cat attaining licensing age during the course of the calendar
year.
(3)
Any unlicensed dog or cat brought into the Township by any person
and kept within the Township for more than 10 days.
(4)
Any dog or cat licensed by a Township or municipality of another
state brought into the Township by any person and kept within the
Township for more than 90 days.
C.
Previously licensed pets. Only one license and registration tag shall
be required in any licensing year for any dog or cat owned in New
Jersey, and a license and tag issued by any other municipality in
this state shall be accepted by the Township as evidence of compliance
with this section. However, upon the expiration of the license for
that dog or cat issued by another municipality of this state, said
dog or cat shall be so licensed in accordance with this article. The
owner of any such dog or cat shall provide to the Township a copy
of the license which was issued by the other municipality.
D.
Licensing fees.
[Amended 7-18-2016 by Ord. No. 19-2016]
(1)
All dogs and cats located within the limits of the Township shall
be licensed by January 31 of each year in accordance with this article,
and the annual licensing fee therefore shall be as follows:
(2)
A late fee of $10, in addition to the fees set forth above, shall
be imposed upon an owner where a dog or cat is not licensed on or
before the 31st day of March of each calendar year.
(3)
Dogs used as guide dogs or service dogs, as defined by N.J.S.A. 10:5-5(s)
or (dd) shall be exempt from the requirement to pay an annual license
fee.
[Added 5-7-2018 by Ord.
No. 09-2018]
E.
Vaccination. All dogs and cats within the Township shall be vaccinated
against rabies in accordance with the following:
(1)
Vaccination shall be performed by a veterinarian licensed to practice
in the State of New Jersey. The vaccine used shall be from a manufacturer
licensed by the Bureau of Animal Husbandry of the United States Department
of Agriculture or such other agency as shall be approved by the State
Department of Health. The dosage shall be as recommended by the manufacturer.
(2)
The Health Officer may exempt any dog or cat from the provisions
of this subsection if there is presented to him/her a certificate
from a licensed veterinarian stating that it would be undesirable
to vaccinate a particular dog or cat for a specified period of time
because of the animal's age, infirmity or other physical condition.
(3)
No vaccination shall be required for any dog or cat confined to a
licensed kennel, pet shop, shelter, pound or veterinary hospital.
(4)
The fact that a dog or cat has been vaccinated against rabies shall
be evidenced by a certificate from the veterinarian performing the
vaccination having duration of immunity which extends throughout at
least 10 of the 12 months of the license period. The certificate shall
either be on a form approved by the Health Officer or a State or County
Board of Health officer or a standard immunization certificate shall
be used by the veterinarian. The certificate shall be presented to
the Health Officer within 10 days after each vaccination. In the case
of dogs or cats vaccinated before being brought into the Township,
the certificate shall be presented to the Health Officer within 10
days after the animal is brought into the Township.
(5)
No dog or cat license shall be issued until the certificate indicating
that it has been vaccinated against rabies or the certification that
it is not necessary to vaccinate the dog or cat is endorsed by the
Township Health Officer or other designated person has been presented
to the Township Clerk.
F.
Wearing of collar and registration tag. All dogs for which licenses
are required by the provisions of this article shall wear a collar
or harness with the registration tag for such dog securely fastened
to it. The license tag shall be issued by the Clerk, and shall have
marked thereon the words "Licensed Dog Harrison Township" and the
year which the tag was issued. The fee for a replacement tag shall
be $1. No person, except an appropriate officer in the performance
of his or her duties, shall remove a registration tag from the collar
of any dog without consent of the owner, nor shall any person attach
a registration tag to a dog which was not issued in accordance with
this article.
Any dog owner who shall suffer, allow or permit any licensed
or unlicensed dog to run at large without the tag as provided by law
shall be guilty of a violation of this article.
A.
If
the municipal court declares any dog to be potentially dangerous,
it shall issue an order and a schedule for compliance which, in part:
(1)
Shall require the owner to comply with the following conditions:
(a)
To apply, at his own expense, to the Municipal Clerk or other
official designated to license dogs pursuant to Section 2 of P.L.
1941, c. 151 (N.J.S.A. 4:19-15.2), for a special municipal potentially
dangerous dog license, municipal registration number, and red identification
tag issued pursuant to Section 14 of said Act. The owner shall, at
his own expense, have the registration number tattooed upon the dog
in a prominent location. A potentially dangerous dog shall be impounded
until the owner obtains a municipal potentially dangerous dog license,
municipal registration number, and red identification tag;
(b)
To display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible 50 feet from the enclosure required pursuant to Subsection A(1)(c);
(c)
To immediately erect and maintain an enclosure for the potentially
dangerous dog on the property where the potentially dangerous dog
will be kept and maintained, which has sound sides, top and bottom
to prevent the potentially dangerous dog from escaping by climbing,
jumping or digging and within a fence of at least six feet in height
separated by at least three feet from the confined area. The owner
of a potentially dangerous dog shall securely lock the enclosure to
prevent the entry of the general public and to preclude any release
or escape of a potentially dangerous dog by an unknowing child or
other person. All potentially dangerous dogs shall be confined in
the enclosure or, if taken out of the enclosure, securely muzzled
and restrained with a tether approved by the animal control officer
and having a minimum tensile strength sufficiently in excess of that
required to restrict the potentially dangerous dog's movements to
a radius of no more than three feet from the owner and under the direct
supervision of the owner;
(2)
May require the owner to maintain liability insurance in an amount
determined by the municipal court to cover any damage or injury caused
by the potentially dangerous dog. The liability insurance, which may
be separate from any other homeowner policy, shall contain a provision
requiring the municipality in which the owner resides to be named
as an additional insured for the sole purpose of being notified by
the insurance company of any cancellation, termination or expiration
of the liability insurance policy.
B.
Appeal
of decision. The owner of the dog, or the animal control officer in
the municipality in which the dog was impounded, may appeal any final
decision, order, or judgment, including any conditions attached thereto,
of a municipal court pursuant to P.L. 1989, c. 307 (N.J.S.A. 4:19-17
et seq.) by filing an appeal with the Superior Court, Law Division,
in accordance with the rules governing the courts of the State of
New Jersey pertaining to appeals from courts of limited jurisdiction.
The Superior Court shall hear the appeal by conducting a hearing de
novo in the manner established by those rules for appeals from courts
of limited jurisdiction.
A.
General requirements. No person shall at any time cause or allow
any dog, cat, or domesticated animal to be kept outside on private
or public property within the Township except that:
(1)
The animal shall have access to and be provided with suitable and
edible food of sufficient quantity on a daily basis and replenished
at a minimum of every 12 hours.
(2)
The animal shall at all times have access to and be provided with
clean water (cool in summer and unfrozen in winter).
(3)
The animal shall have access to an area to defecate or urinate separate
from the areas where it must eat, drink, or lay down.
(4)
Fecal matter must be removed on a daily basis and within 24 hours
of being deposited.
(5)
The primary area where the animal is kept must be located behind
the principal dwelling on the property.
(6)
It shall be prohibited to allow any dog, cat, or domesticated animal
to be kept outdoors at any vacant structure or premises at any time.
(7)
The animal shall not be kept outdoors for more than eight consecutive
hours during any twenty-four-hour period.
(8)
When the outside ambient temperature is 32° F. or less, or 90°
F. or higher, the animal shall not be kept outdoors for more than
four consecutive hours during any twenty-four-hour period.
B.
Animal housing. No person shall keep, use, or maintain a dog, cat
or domesticated animal outdoors or upon any premises unless such animal
has access to housing meeting all of the following requirements:
(1)
The housing shall be provided with five weatherproof sides, including
a top, a bottom and a minimum of three sides. The housing must have
an entrance covered by a self closing swinging door or covering or
an "L" shaped entrance to prevent the wind and elements from entering
the house.
(2)
The housing must be moisture proof, weathertight, and maintained
in good repair.
(3)
The housing must be placed in a dry area free of debris, feces, and
standing water.
(4)
The housing area shall be maintained in a clean and sanitary condition.
(5)
If multiple animals are present in one location, each animal must
have separate and clean housing.
D.
Tethering. The fastening, chaining, tethering or other restraint
system (other than a fence) of any dog, cat or domesticated animal
must meet all of the following requirements:
(1)
Any restraint system shall be situated and terminate no less than
10 feet from any adjacent property boundary.
(2)
Any restraint system must be situated and terminate no less than
five feet from any fence, pool, wall, vehicle, tree, or any other
object or obstruction upon which any animal may harm itself.
(3)
The tether is to be constructed of a secure lightweight material
that shall not exceed 1/8 of said animal's total body weight.
(4)
The animal must be provided with a properly fitting harness or buckle-type
collar. Such collar attaching the tether to the animal shall be constructed
of leather, nylon, or comparable material. Said collar shall be maintained
in good condition. Metal and choke collars are prohibited.
(5)
The tether shall be at least 15 feet in length and not less than
3 1/2 times the length of the animal, whichever is longer, as
measured from the animal's nose to the base of its tail.
(6)
The tether shall be provided with swivels at both ends and shall
be maintained tangle-free.
(7)
Tethered animals must be altered or sterilized.
(8)
The tethered animal shall have access to adequate animal housing in accordance with Subsection B of this article.
(9)
It shall be prohibited to tether any animal less than six months
of age.
(10)
It shall be prohibited to tether animals to barrels, vehicles, any
object which is not stationary, or other objects which may harm or
injure the animal.
(11)
The tether area must be kept clean and clear of any debris that may
harm or cause any dog or cat to become entangled.
(12)
Any owner who chooses to tether a cat must comply with the above
standards.
E.
Fencing. A fence for the purpose of restraining any dog, cat or domesticated
animal must meet all of the following requirements:
(1)
The animal confined within a fence must have adequate space for exercise
and movement, which shall not be less than 100 square feet.
(2)
The fencing shall be constructed and maintained as to prevent the
animal from leaving or escaping the fenced area and to prevent other
animals from entering the fenced area.
A.
Habitual barking. No person shall own any dog which habitually cries
or barks in a manner which would annoy or disturb a reasonable person.
An "annoyance or disturbance," for the purpose of this section, shall
be defined as barking, howling or crying continuously for a period
of 10 minutes or more or intermittently for 30 minutes or more. A
violation of this section shall subject the owner of the offending
dog to the penalties for a violation of this article.
B.
Running at large: leash required; certain public places prohibited.
No person owning a dog shall permit it to run at large upon the public
streets, public parks, public buildings or in any other public place
within the Township nor permit a dog to run at large upon private
property without the permission of the owner. No person owning a dog
shall permit it upon the public streets or in any other public place
in the Township unless the dog is properly displaying a tag as required
and accompanied and controlled by a person over the age of 14 and
is securely fastened to a leash.
C.
Damage to property prohibited. No person owning or in control of
a dog or cat shall allow it to damage any lawn, shrubbery, flowers
or grounds of any public park, public building or other public place
within the Township or upon any private property.
D.
Damage or injury to other property, pets, or persons prohibited.
It shall be a violation of this chapter for an owner of a dog or cat
to suffer, allow or permit the following prohibited acts:
(1)
Bite, chase, jump upon, interfere with, or otherwise impede pedestrian
traffic or the mobility of any person on public property or within
a public sidewalk or right-of-way.
(2)
Chase, leap upon, interfere with, or otherwise impede the progress
of any bicyclist or other person utilizing self-powered transportation
or motor vehicle or motorized transportation on any public or private
road, public property, or within a public right-of-way vehicle.
(3)
Bark, growl or otherwise display aggressive behavior towards a human
being and places in such person a reasonable apprehension of bodily
harm or injury.
(4)
Destroy or damage any structure or equipment on any public park,
public building, other public place or upon any private property.
E.
Defecation on public or private property prohibited; exception.
(1)
No person owning, harboring, keeping or in charge of any dog or cat
shall cause, suffer or allow such a dog or cat to soil, defile, or
defecate on or commit any nuisance on any common thoroughfare, sidewalk,
passageway, bypass, park, open space area or any place where people
congregate or walk or upon any public property whatsoever, or upon
any private property, without the permission of the owner of the property.
(2)
Notwithstanding anything contained in Subsection E(1) to the contrary, the restrictions as set forth above shall not apply to that portion of the street lying between the curblines which may be used to curb such dog or cat upon the following conditions:
(a)
The person who curbs the dog or cat shall immediately remove
feces deposited by the dog by a sanitary method, such as in a sealed,
nonabsorbent, leakproof container (e.g., plastic bag).
(b)
The feces removed from the aforementioned designated area shall
be disposed of by the person owning, harboring, keeping or in charge
of any dog or cat curbed in a sanitary manner but shall not be placed
in a public trash receptacle or storm drain.
(3)
Any owner or person in custody of any dog or cat being walked upon any common thoroughfare, sidewalk, street, passageway, path or any place where people congregate must have in their possession a sealed, nonabsorbent, leakproof container as described in Subsection E(2)(a) above, and appropriate materials or devices to remove feces deposited by the animal. The failure to possess such container and materials to clean up feces deposited by the animal shall constitute a violation of this article.
(4)
The requirements of this section shall not apply to the owner of
any dog when said dog is utilized as a guide for any person or owner
who is legally blind.
F.
Placement of food outside a residence without a licensed pet prohibited.
No person shall place food for dogs or cats outside of their home
unless they are the owner of a licensed dog or cat and such food is
intended solely for their dog or cat.
A.
Impounding, right of entry and notice to owner.
(1)
Any Township Official of the Township empowered to perform any duty
under this article is hereby authorized to take into custody and impound
any of the following dogs or cats:
(a)
Any dog or cat off the premises of the owner which such appropriate
officer has reason to believe is a stray.
(b)
Any dog or cat running at large upon the public streets, public
parks, public buildings, or in any other public place within the Township.
(c)
Any dog or cat off of the premises of the owner without a current
registration tag on its collar.
(d)
Any female dog in season off of the premises of the owner.
(e)
Any cat that has not been altered or sterilized.
(2)
If any dog or cat impounded and seized that is wearing a registration
tag attached to its collar or harness, having inscribed on it or attached
to it the name and address of any person or the owner of the dog,
a notice shall be given in writing and served on the premises of the
person or owner within 24 hours of the seizure stating that the dog
or cat has been seized and will be liable to be disposed of or destroyed
if not claimed within seven days after the service of the notice.
Notice may be served either by delivering it in 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 dog or cat's collar
or by forwarding it by mail in a prepaid letter addressed to that
person at such address.
(3)
Any officer authorized or empowered to perform any duty under this
article is hereby authorized to go upon any premises to seize for
impounding any such dogs or cats when such officer is in immediate
pursuit of such animal.
B.
Destruction of impounded dogs or cats. When any dog or cat has been
detained for seven days after notice as set forth above has been given,
or has been detained for seven days after seizure when notice has
not been given due to the owner of such animal being unknown, and
that the owner or person keeping or harboring the dog or cat whose
name is on the tag of the registration has not claimed the dog or
cat and paid all expenses incurred by reason of its detention, including
any applicable redemption, maintenance, or other fees, and the appropriate
licensing fees paid in full and proof of vaccination produced, the
dog or cat may be destroyed in an appropriate and humane manner or
may be adopted by a responsible party. All fees as set forth herein
may be paid directly to the Township Official empowered to receive
such fees.
A.
Biting of person by dog or cat. When any dog or cat bites a person,
the Township official may order the owner of the dog or cat to confine
it, either on the owner's premises, or at any other reasonable location
at the owner's sole cost and expense which the officer shall designate,
for a period of not less than 10 days.
B.
Examination of confined animal. The Township Health Officer, officer of the County Board of Health, or Township official shall have the right to examine any dog or cat confined under the provisions of Subsection A herein at any time, including daily examinations for a period of 10 days after the dog or cat has attacked or bitten any person, to ascertain whether the animal shows signs or symptoms of rabies.
C.
Release of animals confined. Following the passage of 10 days as required by Subsection A herein, any animal so quarantined shall be released, but only upon the issuance of a certificate of release which shall indicate that the animal appears to be healthy and free from rabies. Said certificate shall be maintained by the appropriate Township official, and a copy shall be provided to the owner and individual bitten by the animal upon its release.
[Added 9-4-2018 by Ord.
No. 25-2018]
Gloucester County animal control officers (GCACO), or other
designate, may investigate, and/or require compliance for violations
pursuant to N.J.S.A. 4:22. In the event the GCACO or designate sees
or recognizes a potential criminal situation, or the need arises where
a criminal investigation is warranted, the GCACO shall make contact/report
to the Municipal Humane Law Enforcement Officer for further action.
The GCACO may continue to contribute to the investigation as requested
or required.
A.
The Township official shall enforce the provisions of this article.
Nothing herein shall prohibit a private citizen from bringing or signing
a complaint for an alleged violation of this article.
B.
Compliance with requirements. Any owner of an animal within the Township,
by the act of owning such animal, does thereby authorize the Township
official to enter the property where such animal is kept to investigate
any alleged or suspected violation of any provision of this article.
No person shall hinder, molest, or interfere with anyone authorized
or empowered to perform any duty under this article.
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 cat which he may lawfully seize
or impound when such officer is in immediate pursuit of such cat or
dog, except upon the premises of the owner of the dog or cat if the
owner is present and forbids the same.
Any person appointed for this purpose by the Township Committee
shall cause a canvass to be made of all dogs and cats owned, kept
or harbored within the Township and shall report on or before September
1 of the year appointed to the Township Clerk and to the local Board
of Health, and to the State Department of Health the result thereof,
setting forth the names and addresses of persons owning, keeping or
harboring unlicensed dogs and cats, the number of unlicensed dogs
and cats owned, kept or harbored by each said person, together with
a complete description of each said unlicensed dog or cat and the
approximate age thereof.
Any person found to be in violation or found to have failed
to comply with any of the provisions of this article shall, upon conviction
thereof, be subject to a fine of not less than $100 and not more than
$2,000; or imprisoned for a term not to exceed 90 days, or both, in
the county jail. Each day of such violation or failure to comply shall
constitute a separate offense and, therefore, are not subject to merger
either for the purposes of the violation or imposition of fines and
penalties.
