[Ord. No. 53-2014]
As used in this article, the following terms shall have the meanings indicated:
ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the State of New Jersey to enforce the provisions of this article.
AT LARGE
As applied to a dog, means off the premises of the person owning or keeping or harboring it and not securely fastened to a tether, leash, cord or chain or the like held by its owner or other person capable of controlling said dog.
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
LICENSING AUTHORITY
The agency or department of the Township of Wayne or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this article.
NEUTERED
Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OWNER
As applied to the proprietorship of a dog, includes every person, family, firm or corporation having a right of property in such dog and every person, family, firm or corporation who has such dog in its keeping.
SERVICE ANIMAL
Dogs that are individually trained to do work or perform tasks for people with disabilities.
The owner must be at least 18 years of age. If the owner is less than 18 years of age, a parent or legal guardian shall become co-owner of the dog(s) and shall assume full responsibility, in lieu of the minor, in order to comply with provisions in this chapter, which include obtaining a license under the name(s) of either the parent or guardian or under both the parent and minor or guardian and minor.
Any person who shall own, keep or harbor a dog of licensing age in the Township shall, in the month of January in each year, apply for and procure from the Township Department of Health a license and official metal registration tag for each dog so owned, kept or harbored and shall place upon each dog a collar or harness with the registration tag securely fastened thereto.
A. 
Any person who shall bring or cause to be brought into the Township 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 a license for such dog is not required under § 68-25.
B. 
Any person who shall bring or cause to be brought into the Township any unlicensed dog of licensing age 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 a license for such dog is not required under § 68-25.
Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and any such current license and tag issued by any other municipality of this state shall be accepted by the Township as evidence of compliance with §§ 68-2 and 68-6.
A. 
A person applying for the license and registration tag shall pay to the Department of Health a total annual fee as provided in Chapter 75, Fees, for each neutered dog and as provided in Chapter 75, Fees, for each nonneutered dog, which includes a State-mandated fee of $0.20 for registration tags on each dog, which fee must be deposited in the State Pilot Clinic Fund. Said license, registration tag and renewals thereof shall expire on January 31 of each year. Each license and tag shall be renewed annually by February 15. Such licenses and registration tags are not transferable from one dog to another. Any owner of a dog or cat whose license and registration tag has been lost shall be charged a replacement fee as provided in Chapter 75, Fees.
[Ord. No. 53-2014]
B. 
Service dogs used to perform tasks for people 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.
[N.J.S.A. 4:19-15.3; Ord. No. 53-2014]
C. 
No person, family, firm or corporation shall keep, harbor or maintain more than five dogs of licensing age in any one place within the Township of Wayne, except as provided under Article II of this chapter.
A. 
Any person who fails to obtain a license and registration tag by February 15 of each year, in accordance with the provisions of § 68-6 above, shall be liable for a late fee in the sum of $10, payable to the Township of Wayne through the Department of Health, or, upon receipt of a summons issued by the Animal Control Officer or other authorized person, said violator shall be required to appear in Municipal Court where, upon conviction, the penalty shall be as indicated in Chapter 1, Section 1-15, Violations and penalties unless another specific penalty is established by law.
[Ord. No. 53-2014]
B. 
Any person who violates or refuses to comply with any part of any of the following sections of this chapter or with the rules and regulations promulgated by the State Department of Health governing the sanitary conditions and operation of kennels, pet shops, shelters and pounds to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments shall be liable, upon conviction, to the penalty as indicated in Chapter 1, Section 1-15, Violations and penalties unless another specific penalty is provided by law: §§ 68-2, 68-3, 68-4, 68-5, 68-6, 68-9, 68-16, 68-20, 68-25 and 68-29. Any person who violates or refuses to comply with any part of any of the following sections of this chapter shall be subject to a fine as indicated in Chapter 1, Section 1-15, Violations and penalties unless another specific penalty is established by law: §§ 68-10, 68-11, 68-12, 68-13, 68-14, 68-17, 68-21 and 68-38.
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-haired or short-haired variety; the name, street address and email address of the owner and the person who shall keep or harbor such dog. The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the Animal Control Officer. In addition, he shall forward to the State Department of Health each month, on forms furnished by the said Department, an accurate account of registration numbers issued or otherwise disposed of. Registration numbers shall be issued in the order of the applications.
No person owning, keeping or harboring any dog shall suffer or permit such dog to run at large upon any public street, public parks, public buildings or other public places within the Township.
No person owning, keeping, harboring or having custody of any dog shall suffer or permit it to go upon the lawn, yard or entrance walk or driveway of any private residence without the permission of the owner thereof or upon the public streets or in any of the public places or semipublic areas of a multi-dwelling complex of the Township unless such is accompanied by a person and is securely confined and controlled by an adequate leash not more than six feet long.
[Ord. No. 53-2014]
It shall be the duty of the owner of every dog and of each person having a dog under his control, walking or otherwise, within the Township of Wayne, except upon property owned by said person, to have a proper scoop and container to immediately remove and dispose of properly any and all feces deposited by such dog and to prevent said dog from committing any other nuisance upon or causing damage to:
A. 
Any public sidewalk, lawn, park or building.
B. 
Any private grounds, lawns, fences, shrubbery, buildings or structures not owned by the owner of the dog.
C. 
Any private grounds, lawns, fences, shrubbery, buildings or structures owned by the owner of the dog and which are used or occupied in whole or in part by a tenant of said owner.
No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or do any damage to any lawn, shrubbery, flowers, grounds or property of another.
[Ord. No. 53-2014]
It shall be unlawful for any person to own, keep, harbor or have custody of any dog which continuously, untimely or habitually barks, howls for 5 minutes without interruption, defined as an average of 4 or more vocalizations per minute in that period; or vocalizing for 20 minutes intermittently, defined as an average of 2 vocalizations or more per minute in that period. The provisions of this section shall apply to all private or public facilities, including any animal pounds, kennels and pet shops where a dog is held for any reason.
There shall be animal control officers whose duty it shall be to enforce the provisions of this chapter. Nothing contained in this section or in any other section of this chapter shall be construed as limiting the duty or authority of the Chief of Police and of the members of the Police Department to enforce the provisions of this chapter.
[N.J.S.A. 4:19-15.16]
It shall be the duty of the Animal Control Officer to take into custody and impound or cause to be taken into custody and impounded and to take to a suitable facility or place determined by the Health Officer, the following:
A. 
Any dog off the premises of the owner or of the person keeping or harboring said dog, which said Animal Control Officer has reason to believe is a stray dog.
B. 
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.
C. 
Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.
D. 
Any dog running at large in violation of § 68-10.
E. 
Any dog or other animal which is suspected to be rabid.
F. 
Any dog or other animal off the premises of the owner or the person charged with its care that is 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.
A. 
If any dog seized as provided in Subsections A through F of § 68-16 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 otherwise known, the Animal Control Officer shall forthwith serve or cause to be served on the person whose address is given on the collar, or the owner or 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 disposed of, put up for adoption or destroyed if not claimed within seven days after the service of the notice.
[Ord. No. 53-2014]
B. 
The notice referred to in Subsection A of 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 residence 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 residence or at the address given on the collar.
C. 
When any dog so seized has been detained for seven days after notice given as above set forth, or when notice has not been and cannot be given as above set forth, and if the owner or person keeping or harboring said dog has not claimed said dog and has not paid to the Township Department of Health all expenses incurred by reason of its detention, including a maintenance charge as provided in Chapter 75, Fees, per calendar day, and if the dog is unlicensed at the time of seizure and the dog owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Control Officer may cause the dog to be humanely euthanized, or the dog may be placed for adoption in a suitable home. No dog so caught and detained or procured, obtained, sent or 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.
D. 
The preceding requirements of Subsections A, B and C of this section shall not be deemed applicable when any dog found running at large or seized and impounded pursuant to § 68-16 (whether licensed or unlicensed) is a threat to the safety and welfare of the Township or appears to be suffering from rabies. In such case, the Animal Control Officer or any member of the Police Department may forthwith cause said dog to be humanely destroyed and handled in accordance with all State regulations.
E. 
Humane care of dogs. No person shall abandon his/her dog for any period of time or fail to provide his/her dog with food and water, proper shelter and protection from the elements. The dog shall be provided with veterinary care as needed. If an injured or sick dog is found and the identity of the owner is unknown, the individual who found the dog may, in his/her discretion, bring the dog to a veterinary clinic for emergency first aid care. The emergency first aid care shall be that degree of care which, in the opinion of the veterinarian, is necessary to stabilize the condition of the dog. The Township will pay for the cost of the emergency veterinary care, as provided in Chapter 75, Fees, provided said care is authorized by the Township Health Officer. If the owner is located, the bill for veterinary care will be the responsibility of the owner. If the injury is considered critical and terminal in the opinion of the attending veterinarian, and the owner is still unknown, the injured dog will be euthanized under the seven (7) day provisions of N.J.A.C. 8:23A-1.10(a).
The Animal Control Officer shall keep a proper and complete record of all dogs destroyed and/or given for adoption. A report of all dogs disposed of pursuant to § 68-17 shall be promptly filed with the Health Officer or any other person appointed by the Township Council for that purpose, who shall keep a proper and complete record in a substantially bound book.
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 or dogs which he/she may lawfully seize and impound when he/she 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 any person appointed as Animal Control Officer or any officer of the Township or other duly authorized agent in the performance of any duty authorized or empowered by this chapter.
The Animal Control Officer or any other person appointed for the purpose by the Council shall annually after September 1 cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township. He/she shall report on or before May 1 of each year the results of said canvass to the State Department of Health and to the Township Department of Health, by 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.