Township of Union, NJ
Union County
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Table of Contents
Table of Contents
[Adopted 9-27-1966 by Ord. No. 969 (Ch. 135, Art. I of the 1986 Code)]
A. 
Words defined. As used in this article, the following terms shall have the meanings indicated:
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained an age of seven months or which possesses a set of permanent teeth.
HYBRID ANIMAL
The offspring of a domestic animal and an animal of wildlife species.
[Added 12-27-1994 by Ord. No. 4365]
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
OWNER
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 a dog in his keeping.
PERSON
An individual, firm, partnership, corporation or association of persons.
PET SHOP
Any room or group of rooms, cage or exhibition pen not part of a kennel wherein dogs and other animals or pets are kept for sale or displayed.
[Amended 8-9-1988 by Ord. No. 3987]
POUND
An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
TOWNSHIP
The Township of Union in the County of Union.[1]
[1]
Editor's Note: The definition of "vicious dog (including pit bulls)," which previously followed this definition, added 8-9-1988 by Ord. No. 3987, was repealed 3-13-1990 by Ord. No. 4076. See now N.J.S.A. 4:19-17 et seq.
B. 
Word usage.
(1) 
The words "and" and "or" may be used interchangeably, and either of the two may be applicable, whichever is more conducive towards the effecting 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. The masculine, feminine or the neuter gender shall be implied, whichever is appropriate and conducive for the effectuating of this article.
[Amended 11-13-1989 by Ord. No. 4060]
A. 
No person shall keep or harbor any dog within the Township of Union in the County of Union without first obtaining a license therefor, to be issued by the Clerk of the Township, upon application by the owner and payment of the prescribed fee; and no person shall keep or harbor any dog in said Township, except in compliance with the provisions of this article.
B. 
No person shall keep, harbor or maintain any wild or exotic animals as pets. The definition of such wild or exotic animals shall be that found in N.J.A.C. 7:25-4.13.
C. 
Hybrid animals, such as wolf dogs and other offspring of other domestic animals crossbred with wildlife species, shall be prohibited within the Township of Union.
[Added 12-27-1994 by Ord. No. 4365]
[Amended 8-13-1974 by Ord. No. 2902]
A. 
Any person who shall own, keep or harbor a dog of licensing age shall, in the month of January of each year, apply for and procure from the Clerk of the Township a license and official metal 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.
B. 
No such license and official metal registration tag shall be issued for any dog unless the owner thereof provides evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Health, Education and Welfare or has been certified exempt as provided by the regulations of the State Department of Health.
[Amended 9-27-1966 by Ord. No. 2349A; 7-27-1971 by Ord. No. 2902; 12-22-1981 by Ord. No. 3550; 12-22-1983 by Ord. No. 3622; 4-10-1984 by Ord. No. 3703; 7-22-1986 by Ord. No. 3864; 8-9-1988 by Ord. No. 3987; 12-13-1988 by Ord. No. 3997; 2-25-1992 by Ord. No. 4179[1]; 10-12-1993 by Ord. No. 4273]
A. 
The person applying for the license and registration tag shall pay a fee of $14, which fee shall include the twenty-cents-per-dog fee for the State Pilot Clinic Fund. In addition, the sum of $1 for the state registration tag of each dog shall be paid. For each annual renewal, the fee for the license, inclusive of the Pilot Clinic Fund, and for the registration tag shall be the same as for the original license and tag. Said licenses, registration tags and renewals thereof shall expire on the last day of January in each year.
[Amended 8-28-2007 by Ord. No. 5017]
B. 
In compliance with P.L. 1983, c. 172,[2] any person applying for the license and registration tag above mentioned shall pay an additional state fee of $3 for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization.
[2]
Editor's Note: See N.J.S.A. 4:19-15.3b.
C. 
The licensee fee for any dog that has been spayed or neutered shall be reduced to $13. This fee is inclusive of the State Pilot Clinic Fund fee and the state registration fee.
[Amended 8-28-2007 by Ord. No. 5017]
D. 
In addition to the fees charged herein for licensing, there shall be an additional charge of $2 per month for each month that the owner of the dog requiring licensing fails to renew. Said monthly penalty for failure to renew shall commence each April 1 of the licensing period.
E. 
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.
[Added 10-26-2004 by Ord. No. 4842]
[1]
Editor's Note: This ordinance also provided that the legislative intent of these amendments is to conform the Township fee schedule to the fee schedules of the State of New Jersey.
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.
The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought and whether it is of a long- or short-haired variety and also the name, street and post office 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 Clerk of the Township. In addition, he shall forward similar information to the State Department of Health each month on forms furnished by said Department. 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 Union 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 shall be licensed under § 168-9 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 shall be licensed under § 168-9 of this article.
No person, except an officer in the performance of his 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 is not issued.
[1]
Editor's Note: Former § 168-9, Kennels, pet shops, shelters and pounds, was repealed 4-12-2011 by Ord. No. 5184. See now Ch. 551, Animals.
[Amended 11-25-1975 by Ord. No. 3043; 12-22-1981 by Ord. No. 3550; 2-22-1983 by Ord. No. 3622; 4-10-1984 by Ord. No. 3703; 7-22-1986 by Ord. No. 3864; 12-13-1988 by Ord. No. 3997; 2-25-1992 by Ord. No. 4179[1]]
The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $10 and for more than 10 dogs, $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound. The licenses herein provided for shall expire on the last day of January of each year.
[1]
Editor's Note: This ordinance also provided that the legislative intent of these amendments is to conform the Township fee schedule with the fee schedules of the State of New Jersey.
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.
[Amended 10-12-1993 by Ord. No. 4273]
License fees and other moneys collected or received under the provisions of this article, except registration tag fees, Pilot Clinic Fund and the Animal Population Control Fund 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 which shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this article; for local prevention and control of rabies; for providing anti-rabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; for all other purposes prescribed by the statutes of New Jersey governing the subject; and for administering the provisions of this article. 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 said third fiscal year following and at the end of each 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 year next preceding.
A. 
The Clerk 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.
B. 
The registration tag fee of $1 for each dog, $0.20 Pilot Clinic Fund and $3 Animal Population Control Fund shall be forwarded within 30 days after collection by the Clerk to the State Department of Health.
[Amended 7-27-1971 by Ord. No. 2902; 11-25-1975 by Ord. No. 3550; 10-12-1993 by Ord. No. 4273]
The Animal Control Officer of the Township shall promptly, after February 28, 1942, and annually thereafter cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township and shall report to the Clerk of the Township, the Board of Health 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 numbers 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.
[Amended 3-24-1992 by Ord. No. 4184]
The Township Committee shall have the power to appoint an Animal Control Officer, whose duty it shall be to enforce the provisions of this article. The Township Committee shall also have the power to appoint one or more persons, to be known as "dog catchers," who may impound unlicensed dogs running at large in violation of the provisions of this article. In addition, the Police Department, the Health Officer and the Chief Sanitation Inspector of the Township of Union and their designees shall be empowered to enforce the provisions of this article.
The Animal Control Officer of the Township 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:
A. 
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.
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. 
Seized dogs.
[Amended 7-27-1971 by Ord. No. 2902]
(1) 
Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.
(2) 
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 the owner or the person keeping or harboring said dog is known, the Animal Control Officer shall forthwith serve on the person whose address is given on the collar or on the owner or 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 disposed of or destroyed if not claimed within seven days after the service of the notice.
(3) 
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 to the address given on the collar.
(4) 
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 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 $5 per day, 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, the Animal Control Officer may cause the dog to be destroyed in a manner causing as little pain as possible. In such a case, the owner shall pay to the Township an euthanasia fee of $15.
[Amended 12-22-1981 by Ord. No. 3550; 6-13-1995 by Ord. No. 4393]
Any person 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 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 11-13-1989 by Ord. No. 4060]
A. 
No person shall keep, harbor or maintain any dog which habitually barks or cries between the hours of 10:00 p.m. and 6:00 a.m.
B. 
No person shall harbor, maintain, shelter or in any other manner or description keep any dog, cat or other animal outside the main confines of any dwelling or place of business between the hours of 10:00 p.m. and 6:00 a.m.
C. 
For the purposes of this section, detached or attached garages, sheds, doghouses or similar shelters used in conjunction with outdoor fenced areas shall likewise be restricted so that no dog, cat or other animal may be harbored, maintained, sheltered or kept therein between the hours of 10:00 p.m. and 6:00 a.m.
D. 
It is the specific purpose and intent of this section to assure that the ownership of any animal, by any individual or establishment, shall not cause disturbances to the peace, tranquility or quality of life of any other individual.
[1]
Editor's Note: See also Ch. 378, Noise.
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 Union in the County of Union.
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 of Union, unless such dog is accompanied by a person over the age of 12 years and if securely confined and controlled by an adequate leash not more than six feet long.[1]
[1]
Editor's Note: Former § 135-22, Muzzling, which previously followed this section, was repealed 10-26-2004 by Ord. No. 4842.
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 § 135-24, Vicious dogs, as amended, and former § 135-25, Licensing of vicious dogs, added 8-9-1988 by Ord. No. 3987, which previously followed this section, were repealed 3-13-1990 by Ord. No. 4076. See now N.J.S.A. 4:19-17 et seq.
[Added 6-9-1992 by Ord. No. 4200; amended 9-9-2008 by Ord. No. 5061]
No exotic animals are allowed in municipal parks.
[Added 8-25-1987 by Ord. No. 3930; amended 10-26-2004 by Ord. No. 4842; 10-25-2005 by Ord. No. 4908]
A. 
Purpose. The purpose of this section is to establish requirements for the proper disposal of pet solid waste in the Township of Union, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
B. 
Definitions and word usage. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
IMMEDIATE
The pet solid waste is removed at once, without delay.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PET
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
C. 
Requirement for disposal. All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.
D. 
Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
E. 
Enforcement. The provisions of this section shall be enforced by the Union Township Municipal Police Department and an officer of the Union Township Health Department.
F. 
Violations and penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to the penalties as set forth in § 168-25B.
G. 
Severability. Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this section.
H. 
Effective date. This section shall be in full force and effect from and after its adoption and any publication as may be required by law.
[Amended 7-27-1971 by Ord. No. 2669; 10-28-1986 by Ord. No. 3879]
A. 
Any person who violates or refuses to comply with any part of the following sections, namely §§ 168-3 through 168-9, 168-11 and 168-18, or with the rules and regulations promulgated by the State Department of Health governing the sanitary conduct 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 to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the Township. A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto shall be committed by the court to the county jail for a period not exceeding 10 days in the case of a first conviction, and in the case of a conviction for a second, subsequent or continuing violation, for a period not exceeding 30 days.
B. 
Any person who violates or refuses to comply with any part of any of the following sections, namely, §§ 168-19 through 168-24 of this article, shall be subject to one or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $1,250 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section.
[Amended 8-25-1987 by Ord. No. 3930; 12-13-1988 by Ord. No. 3998; 10-26-2004 by Ord. No. 4842]