[Adopted 10-26-1995 by Ord. No. 26-1995 as
Ch. VIII of the 1994 Code]
The following words and terms shall have the
meanings herein indicated for the purposes of this chapter.
Gloucester County Animal Control Officers (GCACO), or other
designee, may investigate, and/ or require compliance for violations
pursuant to N.J.S.A. 4: 22. In the event the GCACO, or designee 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.
[Added 2-27-2019 by Ord. No. 7-2019]
A dog or cat off the premises of the person owning, keeping
or harboring it and not securely fastened to a tether, leash, cord
or chain or the like, not to exceed eight feet in length, held by
its owner or other person capable of controlling such dog or cat.
A person 18 years of age or older who has satisfactorily
completed the course of study approved by the Commissioner of Health
and Senior Services and the Police Training Commission as prescribed
by paragraphs (1) through (3) of subsection a of Section 3 of P.L.
1983, c. 525 (N.J.S.A. 4:19-15.16a); or who has been employed in the
State of New Jersey in the capacity of, and with similar responsibilities
to those required of, a certified animal control officer pursuant
to the provisions of P.L. 1983, c. 525 for a period of three years
before January 17, 1987.
[Amended 3-12-2003 by Ord. No. 4-2003]
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
[Amended 3-12-2003 by Ord. No. 4-2003]
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.
[Added 2-27-2019 by Ord. No. 7-2019]
Any person exercising control over a dog or cat, or permitting
a dog or cat to remain on premises under his/her control.
Any establishment wherein or whereon the business of boarding
or selling dogs or cats, or breeding dogs or cats for sale, is carried
on, except a pet shop.
When applied to the proprietorship of a dog or cat, "owner"
shall mean and include every person having a right of property in
such dog or cat and every person who has such dog or cat in his/her
keeping.
Any place of business which is not part of a kennel, wherein
animals, including, but not limited to, dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils, are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship
rather than for business or research purposes.
[Amended 3-12-2003 by Ord. No. 4-2003]
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
An establishment for the confinement of dogs or cats seized
either under the provisions of this chapter or otherwise.
[Amended 2-27-2019 by Ord. No. 7-2019]
Any Township Code Enforcement Official, Municipal Humane
Law Enforcement Officer, Township Police Department officer, Gloucester
County Animal Control Officer, the Municipal Clerk, or any other official
or person assigned or designated by Mayor or Council.[1]
[Added 2-27-2019 by Ord. No. 7-2019]
[1]
Editor's Note: The former definition of "vicious dog," which
immediately followed, was repealed 2-27-2019 by Ord. No. 7-2019.
A.
License; when required. Licenses shall be required
for the following dogs of licensing age:
(1)
Any dog owned or kept within the Township by a resident
of the Township on the first day of January of any calendar year.
(2)
Any dog acquired by any person during the course of
any calendar year and kept within the Township for more than 10 days
after acquisition.
(3)
Any dog attaining licensing age during the course
of the calendar year.
(4)
Any unlicensed dog brought into the Township by any
person and kept within the Township for more than 10 days.
(5)
Any dog licensed by another state and brought into
the Township by any person and kept within the Township for more than
90 days.
B.
C.
Application for license; when made. Applications for licenses for dogs which are required to be licensed by the provisions of § 19-2A(1) shall be made before January 31 of each calendar year. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog in question first becomes subject to the provisions of this article.
[Amended 9-12-2018 by Ord. No. 19-2018]
D.
License record. The information on all applications
under this chapter and the registration number issued to each licensed
dog shall be preserved for a period of three years by the Township
Clerk. In addition, he/she shall forward similar information to the
State Department of Health and Senior Services each month on forms
furnished by the Department.
E.
F.
Expiration date. Each dog license and registration
tag shall expire on the last day of January of the calendar year following
the calendar year in which it was issued, except licenses issued for
three years shall expire January 31 of the third calendar year following
the year of issue.
G.
Exceptions.
(1)
The provisions of this section shall not apply to any dog licensed under § 19-3. 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 in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.
[Amended 3-12-2003 by Ord. No. 4-2003]
H.
License forms and tags. License forms and uniform
official metal registration tags shall be furnished by the Township
Clerk. They shall be numbered serially and shall bear the year of
issuance and the name of the Township.
I.
Required rabies inoculation. All dogs kept in the
Township are required to be inoculated against rabies by a licensed
veterinarian every three years. Proof of such inoculation shall be
presented upon application for a new dog license or application for
renewal of a dog license.
A.
License required. Any person who keeps or operates
or proposes to establish a kennel, pet shop, shelter or pound shall
apply to the Township Clerk for a license entitling him/her to keep
or operate each establishment. 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.
B.
Application information. The application shall contain
the following information:
(1)
The name and permanent and local address of the applicant.
(2)
The street address where the establishment is located,
or proposed to be located, together with a general description of
the premises.
(3)
The purposes for which it is to be maintained.
(4)
The maximum number of dogs or cats to be accommodated
by each establishment at any one time.
C.
Approval of Health Officer. No license shall be issued
until the proposed licensee submits a written statement from the Health
Officer of the Board of Health that the establishment, or proposed
establishment, complies with the local and state rules governing the
location of and sanitation at such establishment.
D.
License term. 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
January of each year.
E.
License fees. The annual license fees for kennel and pet shop licenses shall be as set forth in Chapter 80, Fees.
F.
Compliance with state regulations.
(1)
All licenses issued for a kennel, pet shop, shelter
or pound shall be subject to revocation by the Township Council on
recommendation of the State Department of Health and Senior Services
or the Board of Health of the Township of Washington, Gloucester County
for failure to comply with the rules and regulations of the State
Department of Health and Senior Services or the Township Board of
Health, after the owner has been afforded a hearing by either the
State Department of Health and Senior Services or the Township Board
of Health.
(2)
Any person holding a license to establish, keep or
operate a kennel, pet shop, shelter or pound shall comply with all
Township ordinances and the rules and regulations promulgated by the
State Department of Health and Senior Services governing the sanitary
conduct and operation of kennels, pet shops, shelters and pounds,
the preservation of sanitation therein, and the prevention of the
spread of rabies and other diseases of dogs within and from such establishments.
G.
Report to State Department of Health and Senior Services.
The Township Clerk shall forward to the State Department of Health
and Senior Services 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.
H.
Control of dogs off premises. No dog kept in a kennel,
pet shop, shelter or pound shall be permitted off such premises, except
on leash or in a crate or other safe control.
A.
License fees and other monies collected or received
under the provisions of this chapter, except the registration tag
fees and such other fees required to be sent directly to the state,
shall be forwarded to the Treasurer of the Township within 30 days
after collection or receipt, and 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:
(1)
Collecting, keeping and disposing of dogs liable to
seizure under this chapter.
(2)
Local prevention and control of rabies.
(3)
Providing antirabies treatment under the direction
of the local Board of Health for any person known or suspected to
have been exposed to rabies.
(4)
All other purposes prescribed by the statutes of New
Jersey governing the subject.
(5)
For administering the provisions of this chapter.
B.
Any unexpended balance remaining in such special account
shall be retained therein until the end of the third fiscal year following
and may be used for any of the purposes set forth in this section.
At the end of the third fiscal year following, and at the end of each
fiscal year thereafter, there shall be transferred from such special
account which is in excess of the total amount paid into the special
account during the last two fiscal years next preceding.
C.
The registration tag fee for each dog shall be forwarded
within 30 days after collection by the Clerk to the State Department
of Health and Senior Services.
[1]
Editor's Note: Former § 19-5, Dog canvass, was repealed 2-27-2019 by Ord. No. 7-2019. Original Section 8-6, Vicious dogs, which immediately
followed this section, was deleted 3-12-2003 by Ord. No. 4-2003.
A.
Causes for impoundment. Any person appointed for the
purpose by the governing the municipality shall take into custody
and impound or cause to be taken into custody and impounded, and thereafter
destroyed or offered for adoption as provided in this section:
[Amended 3-12-2003 by Ord. No. 4-2003]
(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.
Access to premises. Any officer or agent authorized
or empowered to perform any duty under this chapter is hereby authorized
to go upon any premises to seize for impounding any dog which he/she
may lawfully seize and impound when such officer is in immediate pursuit
of such dog, except upon the premises of the owner of the dog if the
owner is present and forbids same.
C.
Notice of seizure. If any dog so impounded or seized
wears a registration tag, collar or harness having inscribed thereon
or attached thereto the name and address of any person, or the owner
or the person keeping or harboring the dog is known, the Animal Control
Officer shall immediately serve on the person whose address is given
on the collar, or on the person owning, keeping or harboring the dog,
a notice, in writing, stating that the dog 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.
(1)
A notice under this subsection 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 mail in a prepaid letter
addressed to that person at his/her usual or last known place of abode,
or to the address given on the collar.
D.
Disposition of unclaimed dogs. The Animal Control
Officer of the Township is authorized and empowered to cause the destruction
of any unclaimed dog in as humane a manner as possible, or offer same
for adoption under and of the following contingencies:
(1)
When any dog so seized has not been claimed by the
person owning, keeping or harboring such dog within seven days after
notice or within seven days of the dog's detention when notice has
not been or cannot be given as set forth in the previous subsection.
(2)
If the person owning, keeping or harboring any dog so seized has not claimed the dog and has not paid all expenses incurred by reason of its detention, including maintenance, as set forth in Chapter 80, Fees.[1]
[1]
Editor's Note: Former Subsections D(3), D(4), E and F were
repealed 2-27-2019 by Ord. No. 7-2019. This ordinance also renumbered
former Subsection G as Subsection E.
E.
Any redemption of a dog pursuant to the provisions
of this section shall not be deemed to discharge or release the owner
thereof from the penalties prescribed for any violation of this chapter.
No person shall own, keep or harbor a dog in
the Township of Washington, Gloucester County, except in compliance
with the provisions of this chapter and the following regulations:
A.
Wearing of registration tag. All dogs for which licenses
are required by the provisions of this chapter shall wear a collar
or harness with the registration tag for such dog securely fastened
thereto.
B.
Use of registration tags. No person, except an officer
in the performance of his/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.
C.
Interference with official duties. No person shall
hinder, molest or interfere with anyone authorized or empowered to
perform any duty under this chapter.
D.
Disturbing the peace. No person shall own, keep, harbor
or maintain any dog which habitually barks or cries so as to disturb
others.
E.
Running at large. No person owning, keeping or harboring
any dog or cat shall suffer or permit it to run at large upon the
public streets, in any public park, upon private property other than
that of the owner or on any other public place within the Township.
F.
Leashing of dogs. No person owning, keeping or harboring
any dog shall suffer or permit it to be upon the public streets or
in any of the public places of the Township unless such dog is accompanied
by a person over the age of 12 years and is securely controlled by
such person.
G.
Property damage. 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, property or other animals.
[Amended 2-27-2019 by Ord. No. 7-2019]
H.
Nuisances by dogs. No person owning, harboring, keeping,
walking or in charge of any dog shall cause, suffer, permit or allow
such dog to soil, defile, defecate on or commit any nuisance on any
common thoroughfare, street, sidewalk, passageway, road, bypass, play
area, park, any place where people congregate or walk, upon any public
property whatsoever or upon any private property without the permission
of the owner of the private property in the last instance. If any
such person permits the dog to soil, defile, defecate on or commit
any nuisance in the areas aforesaid, he/she shall immediately remove
and dispose of all feces and droppings deposited by the dog. Removal
shall be in a sanitary manner by shovel, container, disposal bag or
such other sanitary means. In a multiple dwelling complex, the tenant
dog owner shall take his/her dog to only the designated areas for
walking of dogs or other animals which shall be provided and maintained
in a sanitary manner by the management of the complex, if any. On
the dog owner's property, such dog owner shall maintain the property
in a sanitary manner in order to prevent any noxious odors, attraction
of vermin breeding or any other public health nuisance to neighbors.
I.
Penned dogs and other animals. Penning dogs or other
animals outside of the home shall comply with N.J.S.A. 4:22-17.5.
[Amended 2-27-2019 by Ord. No. 7-2019]
J.
Female dogs. A female dog in season shall be confined
to the house or a pen. When she is walked or exercised she must be
on a leash and controlled by a responsible adult. During the period
a female dog is in season, such dog shall not be chained or tied in
an open yard or area at any time.
K.
Annoyances. No owner or person keeping or harboring
a dog or cat, whether licensed or unlicensed, shall suffer or permit
such dog or cat to do any of the following:
(1)
Annoy neighbors and/or other persons living within
the immediate vicinity by permitting such dog or cat to bark, howl,
yowl or make other disturbing noises excessively which disturb the
peace and quiet of the neighborhood.
(2)
Chase any persons or bicycles, automobiles or other
vehicles upon any public highway or road or in any public place.
A.
Violations.
For any violation of the licensing provisions under this article,
same may be filed by the Gloucester County Animal Control Officer.
All other complaints may be filed by the Gloucester County Animal
Control Officer, Township Official or private citizens for the violation
of any of the other regulations of or on either public or private
property.
[Amended 9-12-2018 by Ord. No. 19-2018; 2-27-2019 by Ord. No. 7-2019]