[HISTORY: Adopted by the Township Committee of the Township of Mannington as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-7-1985 by Ord. No. 85-5]
No person, between the hours of 10:00 p.m. and dawn, shall throw or cast the rays of any illuminating device on any field, woods or marsh in Mannington Township where deer or other animals may reasonably be expected to be found, with the following exceptions:
A light may be used at any time by a person legally hunting with a dog for raccoons or opossums.
Lights may be used at any time by the the owner or tenant of land, or those having the consent of the owner or tenant on such land, for purposes other than "spotlighting" or illuminating deer or other undomesticated animals.
Lights may be used at any time by public officials and other authorized persons for law enforcement, disaster control, rescue work, fire fighting, recovery of disabled vehicles or protection of property.
[Amended 7-6-2006 by 06-10]
Violations of this article shall be punishable as provided in § 1-15 of this Code.
[Adopted 10-3-1996 by Ord. No. 96-02]
[Amended 7-31-2000 by Ord. No. 00-03]
Definitions of words as used in this article for the purpose of enforcing the terms of this article are as follows:
- ANIMAL POUND
- Any facility that receives, confines, houses and/or distributes
animals that have been picked up, seized or captured by the Animal
Control Officer.[Added 9-4-2008 by Ord. No. 08-07]
- Any domestic short or long-haired cat.
- CERTIFIED ANIMAL CONTROL OFFICER
- A person 18 years of age or older who has satisfactorily completed a course of study approved by the Commissioner of Health on the control of animals, 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 for three years. This can also refer to an agency which supplies the animal control services of certified animal control officers.
- Any male or female dog.
- Any bird, including but not limited to ducks, geese or chickens.
- Any person over 18 years of age exercising control over a dog or other animal to remain on premises under his or her control.
- LICENSING AGE
- Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
- Any domestic animal, including but not limited to cattle, horses, pigs, goats, rabbits, swine, or fowl raised for home use or profit.
- Every person over 18 years of age having a right of property in such dog or other animal in his or her keeping for a period of 10 days or longer.
- PET SHOP
- Any room or group of rooms or cages or exhibition pen not part of a kennel wherein animals, birds, and/or fish are kept, displayed, or offered for sale.
- An establishment for the confinement of dogs or other animals seized under the provisions listed below.
- An establishment where dogs, cats, or other animals are received, housed and distributed.
No persons shall own, keep or harbor any dog within the municipality except in compliance with the provisions of this article and unless such person shall first obtain a license and official metal registration tag therefor issued by the Township Dog Registrar upon application by the owner, payment of the prescribed fee and proof of rabies vaccination as per state law.
The license which shall be issued by the municipality shall contain the name and address of the owner of such dog, a short description of the dog to be licensed, such as breed, sex, age, color and markings, proof of current rabies vaccination which extends to the entire licensing year in which the license is to be issued, the registration number of such license, and shall bear the signature of an authorized agent thereof.
The information supplied on all licenses under this article and the registration number issued to each licensed dog shall be preserved for a period of three years, and this information regarding dog licenses shall be forwarded to the State Department of Health each month.
Any person who shall own, keep or harbor a dog of licensing age in the municipality shall apply for and procure from the municipality, a license and official metal registration tag for each dog so owned, kept or harbored and shall place upon such dog a collar or harness with the registration tag securely fastened thereto. The microchip may be used as an alternative to wearing a metal registration tag. All such applications may be made on January 1 and due by April 30 of each year. In the event that a dog is not owned, kept or harbored in the municipality on January 1, then the application for a license shall be made within 10 days of the date upon which a dog in question first became subject to the provisions of this section.
The person applying for a dog license and registration tag shall pay to the municipality a fee of $16.80. In addition to this fee, and in accordance with Title 4:19-15.2 and 15.3, any person applying for the license and registration tag shall pay a state fee of $3 for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization and an additional state registration fee of $1 and $0.20 for spay/neuter clinics. Said license and registration tags and renewal thereof shall expire on April 30 of each year.
[Amended 12-22-2003 by Ord. No. 03-08; 4-7-2005 by Ord. No. 05-04; 5-3-2007 by Ord. No. 07-06]
Editor's Note: This ordinance was also adopted by the Board of Health 4-7-2005 by BOH Ord. No. 05-01. Its effective date is January 1, 2006.
No fee shall be charged for dogs used as guides for blind persons and commonly known as "Seeing eye dogs"; dogs used to assist deaf persons and commonly known as "Hearing Ear animals"; dogs used to assist handicapped persons commonly known as "Service dogs"; and dogs used by the Police Department to assist in official law enforcement matters and commonly known as "K-9 dogs."
A person applying for a license of an identified potentially dangerous or vicious dog shall pay to the municipality a fee of $700 in addition to the fees listed above. In addition, the owner/keeper of an identified potentially dangerous or vicious dog shall present to the municipality proof that the owner/keeper has procured liability insurance in the amount of at least $1,000,000 covering the twelve-month period during which licensing is sought. This policy shall contain a provision requiring the municipality to be notified by the insurance company of any cancellation, termination or expiration of the policy.
Any owner who fails to pay the license fees herein required on or before the first day of May in each year shall, in addition to the licensing fee, pay a late charge in the amount of $20. This amount of $20 is to be paid upon payment of the licensing fee for each dog required to be licensed by this article.
[Added 10-1-1998 by Ord. No. 98-07; amended 12-22-2003 by Ord. No. 03-08; 4-7-2005 by Ord. No. 05-04; 5-3-2007 by Ord. No. 07-06]
Editor's Note: This ordinance was also adopted by the Board of Health 4-7-2005 by BOH Ord. No. 05-01. Its effective date is January 1, 2006.
A license shall be required for any dog owned by a resident:
The first day of January of a calendar year.
Any dog acquired by any person during the course of any calendar year and kept within the municipality for more than 10 days after acquisition.
Any dog attaining licensing age during the course of the calendar year.
Any unlicensed dog brought into the municipality by any person and kept for more than 10 days.
Any dog licensed by another state brought into the municipality by any person and kept for more than 90 days.
No person, except the Animal Control Officer or police officer in the performance of duties, shall remove a registration tag and/or collar from 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.
License fees and other moneys collected or received under the provisions of this article, except the registration tag fees, shall be forwarded to the Municipal Treasurer within 30 days after collection or receipt and shall be used as prescribed by the statutes of New Jersey governing this subject. The registration tag fee for each dog shall be forwarded within 30 days after collection by the Township Dog Registrar to the State Department of Health.
No dog, cat, cattle, goat, swine, fowl and/or other like animal or livestock shall run or be permitted by its owner to run upon any public street, sidewalk, thoroughfare, park, playground, school yard or in any of the public places of the municipality or upon any private property without the prior consent of the owner.
No person shall own, keep, harbor, or maintain any dog, cat, or other animal which habitually barks, howls or cries frequently and thereby disturbs the peace and quiet of the neighborhood and creates a nuisance at any time of the day or night.
An Animal Control Officer or agency shall be appointed by the governing body. Such person or agency so designated and appointed as Animal Control Officer shall be entitled to be paid as compensation for services an amount established by the municipality.
Any person or agency appointed for this purpose by the governing body of the municipality shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the municipality. A report will be made to the Clerk or other person designated to license dogs in the municipality and to the Township Dog Registrar and to the State Department of Health on or before September 1 of each year.
The Animal Control Officer of the municipality shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or offered for adoption the following:
Any dog, cat, cattle, goat, swine, fowl and/or other like animal or livestock running at large within the limits of the municipality;
Any dog not licensed or tagged as provided;
Any dog, cat or other animal which is off the premises of the owner of the person keeping or harboring said animal and which is believed to be a stray animal;
Any dog, cat or other animal with a dangerous or vicious propensity or noticeably infected with rabies or bitten by a dog, cat or other animal suspected of having rabies;
Any female dog or cat in season not confined in such a way so as not to be accessible to males, or any female dog or cat in season off the premises of the owner or of the person keeping or harboring such dog or cat;
Any dogs or cats creating a nuisance while off their property; and
Any dog, cat or other animal with a dangerous or vicious propensity that is unmuzzled, uncontrolled by proper restraint or running at large, provided that the dog, cat or other animal may be seized by the Animal Control Officer, and provided further that if said dog, cat or other animal cannot be seized with safety, it may be killed.
If any dog, cat or other animal so impounded or seized wears a collar or harness, having described thereon or attached thereto the name and address of any person or registration tag, or the owner of the person keeping or harboring said animal is known, the Animal Control Officer shall serve on the person whose address is given on the collar or the owner or the person keeping or harboring said animal, if known, a notice in writing that the animal has been seized and will be liable to be offered for adoption, or destroyed if not claimed within seven days after service of the notice.
A notice under this section may be served either by delivering it to the person upon whom it is to be served or by forwarding it by postal service 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.
The Animal Control Officer may cause an animal to be destroyed or offered for adoption seven days after seizure, provided that:
Notice is given as set forth above and the animal remains unclaimed;
The owner or person keeping or harboring the animal has not claimed the animal and paid all expenses incurred by reason of its detention, including maintenance or veterinary cost; and
The owner or person keeping or harboring an animal which was unlicensed at the time of seizure does not produce a license and/or registration tag for the animal.
At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog or other animal so caught and detained shall be sold or otherwise made available for the purpose of experimentation.
The owner or keeper of any animal requiring the following actions or services to be rendered by the Animal Control Officer, animal pound, or any veterinarian to a captured or impounded animal, regardless of whether such actions or services are requested by or consented to by the owner or keeper, must pay and/or reimburse the Animal Control Officer, animal pound and/or the Township for fees, costs and charges as follows:
[Added 9-4-2008 by Ord. No. 08-07]
Pickup charge for initial pickup, seizure or capture: $5.
Impoundment charge for each day of impoundment: $4.
All costs, fees and charges for veterinary care, services, supplies or medication provided to or on behalf of the animal.
All fees, costs and charges shall be paid directly to the animal pound administrator, Township Clerk or Animal Control Officer prior to the release of the animal. The animal pound administrator, Township Clerk, or Animal Control Officer shall, upon receipt of payment, issue a written receipt from a sequentially numbered preprinted book, with a copy of the receipt, along with the Animal Control Officer’s monthly report, to be turned over to the Township's Chief Financial Officer for appropriate disposition.
The Animal Control Officer engaged in the performance of his or her duty is hereby authorized to enter upon any premises to seize and impound any dog, cat or other animal, which he or she may lawfully seize or impound when such officer is in immediate pursuit of said animal, except upon the premises of the owner of the animal, if said owner is present and forbids same.
No person shall distract, give false information, hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
Editor's Note: Original Section 15, Vicious and potentially dangerous dogs, which immediately followed this section, was deleted 7-31-2000 by Ord. No. 00-03.
No person owning, keeping or harboring any dog and/or other like animal or livestock shall permit it upon a public street, sidewalk, thoroughfare, park, playground, school yard, or in any of the public places of the municipality unless it is controlled by an adequate leash or tether not more than six feet long.
No person owning, keeping or harboring a dog, cat, and/or other animal shall permit it to do any injury or do any damage to any lawn, shrubbery, flowers, grounds, garden or property.
No person shall bring, allow, or knowingly permit any dog, cat, or other animal onto any private property without the owner's permission, or into any store, or other building or portion thereof, which members of the public at large are invited or expected to enter or frequent. Nothing in this section shall be deemed to prohibit the keeping or bringing of any dog, cat or other animal into the premises of the owner. Specifically excluded from this section are Seeing Eye dogs, Hearing Ear animals, Police K-9 dogs, or other service animals.
No person shall own, keep, or harbor any wolf or wolf hybrid, or wildlife hybrids within the municipality.
No person shall own, keep, or harbor any ferret, snake, or other exotic animal within the municipality.
No person shall own, keep or harbor a potbelly pig, or other livestock within the municipality on a property of less than 1/2 acre.
No person shall own, possess, or have custody on his/her premises of any wild or vicious animal for display, training, or exhibition purposes, whether gratuitously or for a fee.
No person shall keep or permit to be kept any wild animal as a pet.
No person shall own, keep, or harbor a dog, cat, or other animal on an unoccupied premises.
No person keeping, harboring or in charge of any dog, cat, or other animal shall cause, suffer, or allow such dog, cat, or other animal to soil, defile, deface, or defecate on, or commit any nuisance on any public property, including but not limited to any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk. The aforesaid restrictions shall not apply to those persons who shall comply with the following:
The person in charge of such dog, cat, or other animal shall immediately remove all feces deposited by such an animal by any sanitary method approved by the Township Dog Registrar; and
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog, cat, or other animal in a sanitary manner approved by the Township Dog Registrar.
No person keeping, harboring, or in charge of any dog, cat, or other animal shall cause, suffer, or allow such dog, cat, or other animal to soil, defile, deface or defecate on or commit any nuisance upon any private property without the permission of the property owner.
No person shall abandon, leave, relinquish control over, or cause to remain, any dog, cat, bird, or other animal on any public or private property without the prior approval of the property owner.
The premises on which dogs, cats, livestock, birds, or other animals are maintained shall at all times conform to the following requirements:
Dogs, cats, livestock, birds and other animals shall at all times be confined to such premises or portion thereof as will preclude odors and sound emanating from such animals or birds, or engendered by their care, feeding or other activity connected with such animals or birds from interfering with the ordinary and reasonable use, occupation, and enjoyment of property on neighboring premises.
All sheds, coops, pens, runways, stalls, or other enclosures or facilities related to animals or birds shall be located or maintained at least 50 feet from a main building and/or from any lot line. Dog boxes shall be located or maintained at least 50 feet from any lot line.
Buildings, food storage bins, appliances, equipment, feeding areas and other facilities on the premises shall be constructed with rat proofing materials and maintained in such fashion as to permit proper cleansing and shall be cleaned, deodorized and disinfected regularly.
Water supply shall be adequate for proper sanitation.
Water or other liquid to which mosquitoes may have access shall be properly drained to prevent their breeding.
Disposition shall be made of animal wastes, excrement, garbage, refuse, or vegetable matter deposited upon the premises in such a manner as to prevent insect breeding or rodent infestation or pollution of the air, ground, or body of water or the creation of any other unhealthy or unsanitary condition.
All necessary measures shall be employed to ensure that rodents or insects hazardous to public health shall be precluded from infesting the premises.
Adequate measures shall be taken to prevent animals or birds maintained from escaping or at any times roaming at large.
Adequate facilities shall be available to maintain the premises in a sanitary condition at all times.
No person shall willfully sell, or offer to sell, use, or expose any animal or bird having contagious or infectious disease dangerous to the health or life of human beings or animals.
Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter, or pound shall apply to the municipality for a license entitling him or her to keep or operate such establishment. Any person holding such a license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishment. Such licenses shall not be transferable to another owner of different premises. It shall be unlawful to keep more than five dogs six months of age or older at one location, premises or facility without first obtaining a kennel, pet shop, shelter or pound license.
[Amended 6-4-1998 by Ord. No. 98-04]
The application shall describe the premises where the establishment is located or proposed to be located, the purpose(s) for which it is to be maintained, and shall be accompanied by the written approval of the local municipal and health authority showing compliance with the local and state rules and regulations governing location and sanitation of such establishment. The application will also describe the maximum number of dogs, cats, or other animals to be accommodated by such establishment at any one time.
All licenses issued for a kennel, pet shop, shelter, or pound shall state the purpose for which the establishment has been maintained. All such licenses shall expire on the last day of June of each year, and be subject to revocation by the municipality on recommendation of the State Department of Health or Township Dog Registrar for failure to comply with the rules and regulation of said Board, after the owner has been afforded a hearing by either the State Department or local board.
Any person holding such license shall be required to secure individual licenses for dogs owned by such licensee and kept at such establishment since licenses shall not be transferable to another or different premises.
The Animal Control Officer, as agent of the Township Dog Registrar, shall ensure that any person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound, shall comply with applicable state and local laws.
The Township Dog Registrar shall forward to the State Department of Health a list of all kennels, pet shops, shelter and pounds licensed within 30 days after the licenses therefor are issued. The list shall include the name and address of each licensee and the kind of license issued.
No dog, cat, or other animal kept in a kennel, pet shop, shelter or pound shall be permitted off the premises except on a leash, in a crate or other like method.
When it has been determined by a hospital, physician or veterinarian that an animal bite has occurred, the Animal Control Officer, as an agent of the Township Dog Registrar, shall receive and investigate all animal bites. The Animal Control Officer, in conjunction with the Health Officer having jurisdiction, will ensure that all quarantine periods and suspected rabies specimens are handled expeditiously.
If any animal is involved in three incidents within a twelve-month period where such bites have been reported by a hospital, physician or veterinarian, the Animal Control Officer shall report to the Municipal Court Judge and the owner/keeper in writing of these reported incidents, and that such animal may be determined at a hearing held before a Municipal Judge to have a propensity to cause harm to people or other domestic animals. The owner/keeper shall be notified in writing of the results of the hearing, including the determination of the Judge.
No person owning or keeping an animal which has been determined to have a propensity to cause harm to people or other domestic animals shall permit such animal off the premises of the owner/keeper unless the animal is muzzled and/or crated and on a leash no longer than six feet. Housing conditions must be adhered to as set by the State Board of Health.
Any shelter, retailer, owner/keeper or agency which sells or adopts-out dogs/cats must report all sales and adoptions to the municipality. The municipality shall record the sales and adoptions so that dogs/cats that are not licensed and are over the age of six months will be counted. The municipality will also have a record of dogs/cats that are licensed but are not yet spayed/neutered.
[Amended 7-31-2000 by Ord. No. 00-03; 7-6-2006 by Ord. No. 06-10]
Except as otherwise provided in N.J.S.A. 4:19-15.19 for violations of certain provisions thereof, any person who violates, fails or refuses to comply with any part of this article shall be subject to the penalties provided by § 1-15 of this Code. The continuation of such violation for each successive day shall constitute a separate offense, and the person(s) allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of these provisions shall be subject to abatement, summarily by a restraining order, or by injunction issued by a court of competent jurisdiction.