[HISTORY: Art. I adopted by the Township
Committee (now Township Council) of the Township of West Windsor as
indicated in article history; Art. II adopted by the Board of Health
(readopted by the Township Council) of the Township of West Windsor
as indicated in article history. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 82.
Animals in parks and recreation areas — See § 122-12.
Farm livestock — See § 200-146.
Domestic horse on property — See § 200-226B(4).
[Adopted 12-27-1979 by Ord. No. 79-39 as
Ch. V of the Revised General Ordinances]
This article is supplemental to N.J.S.A. 4:19-15.1
through 4:19-15.29.
A.
DOG
DOG OF LICENSING AGE
KENNEL
OWNER
PET SHOP
POUND
SHELTER
Definitions. As used in this article, the following
terms shall have the meanings indicated:
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
When applied to the proprietorship of a dog, every person
having a right of property in such dog and every person who has such
dog in his/her keeping.
Any room or group of rooms, cage or exhibition pen not part
of a kennel wherein dogs for sale are kept or displayed.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Any establishment where dogs are received, housed and distributed
without charge.
B.
Word usage.
(1)
"And" and "or" may be used interchangeably and either
of the two may be applicable, whichever may be more conducive toward
the giving of full effect to this article.
(2)
Personal pronouns shall mean either the singular or
the plural, whichever may be applicable and more conducive toward
the giving of full effect to this article.
(3)
The masculine, feminine or the neuter gender shall
be implied, whichever may be most appropriate and conducive toward
the giving of full effect to this article.
A.
License and registration tag required. Any person
who shall own, keep or harbor a dog of licensing age shall annually
in the month of January apply for and procure from the Health Officer
a license and official metal registration tag for each such dog owned,
kept or harbored and shall place upon each such dog a collar or harness
with the registration tag securely fastened thereto.
[Amended 8-8-1983 by Ord. No. 83-27]
B.
Dog licenses; fees; renewals. The persons applying for the license and registration tag shall pay the applicable fee established in Chapter 82, Fees, for the license and registration tag of each dog and for each annual renewal. The license, registration tags and renewals shall expire on the last day of January of each year.
[Amended 7-14-1980 by Ord. No. 80-15; 8-8-1983 by Ord. No. 83-27]
C.
License forms and tags. License forms and uniform
official metal registration tags designed by the State Department
of Health shall be issued and shall be numbered serially and shall
bear the year of issuance and the name of the Township of West Windsor.
D.
Newly acquired dogs; dogs attaining licensing age.
The owner of any newly acquired dog of licensing age or of any dog
which attains the licensing age shall make application for license
and registration tag for such dog within 10 days after such acquisition
or age attainment. The application shall contain the information as
required by N.J.S.A. 4:19-15.5.
[Amended 4-19-1999 by Ord. No. 99-07]
E.
Seeing Eye dogs; exemption from fee. 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.
[Amended 4-19-1999 by Ord. No. 99-07]
F.
Registration numbers. Registration numbers shall be
issued in the order of the application.
G.
Surcharge for dogs not spayed or neutered. A surcharge fee as provided in Chapter 82, Fees, shall be collected for each license issued unless the person applying for such license presents a certificate of a veterinarian or a certificate of verification that the dog has had its reproductive capacity permanently altered or that the dog is not of reproductive age.
[Added 8-8-1983 by Ord. No. 83-27; amended 4-19-1999 by Ord. No. 99-07]
A.
Licenses required; application data. Any person who
keeps or operates or proposes to establish a kennel, pet shop, shelter
or a pound shall apply to the Division of Health for a license entitling
him/her to keep or operate such establishment. Such application shall
describe the premises where the establishment is located or is proposed
to be located, the purpose for which it is to be maintained and shall
be accompanied by the written approval of the Township Health Officer,
showing compliance with the local and state rules and regulations
governing the location of and sanitation at such establishment.
[Amended 4-19-1999 by Ord. No. 99-07]
B.
Expiration of license; revocation; hearing. All licenses
issued for a kennel, pet shop or shelter shall state the purpose for
which the establishment is maintained, and all such licenses shall
expire annually on the last day of June and be subject to revocation
by the township on recommendation of the State Department of Health
or Township Division of Health for failure to comply with the rules
and regulations of the State Department or the Township Division of
Health, after the owner has been afforded a hearing by either the
State Department or local Division of Health.
[Amended 10-17-1988 by Ord. No. 88-36; 4-19-1999 by Ord. No. 99-07]
A.
Nuisance acts by dogs.
[Amended 10-17-1988 by Ord. No. 88-36]
(1)
No person who owns, keeps or harbors any dog shall
suffer or permit such dog to bark, howl or cry habitually in such
manner as to constitute a nuisance or to bite or molest any person
or to chase any vehicle upon a public street or to injure or damage
any lawn or shrubbery or flowers or grounds or any property of any
person other than its owner or to behave in any way so as to endanger
any person or property.
(2)
No person owning or in charge of any dog shall allow
such dog to defecate upon any public or private property except with
the express authority or permission of the owner of said property.
The restriction in this subsection shall not apply to the portion
of the street lying between the curblines which may be used to curb
such dogs, provided that the person who so curbs such dog shall immediately
remove all feces deposited by such dog by placing the feces in a closed
bag or other container and depositing the same in a trash receptacle
located on his/her own or on public property, and only in such receptacles.
Either the police, the Animal Control Officer or an individual may
file a complaint stating that the actions of an animal constitute
a public nuisance.
B.
Restraining or control of dogs required.
[Amended 10-17-1988 by Ord. No. 88-36; 4-7-2008 by Ord. No. 2008-05]
(1)
No person who owns, keeps or harbors any dog shall suffer or permit such dog to be in or upon any public school property or in or upon any public park or recreation area with the exception of properly designated "dog parks" as provided by § 122-12 of the Township Code. All dogs are to be kept and controlled in accordance with regulations promulgated by the public authority having jurisdiction thereof or in or upon any public property and shall not enter upon private property without the consent of the owner of such property and unless accompanied by and under the control of a responsible person.
(2)
No dog shall be permitted off the premises of the
person owning, keeping or harboring it unless such dog is accompanied
by a person who is capable of controlling it and who has securely
confined and controlled the dog by an adequate leash or chain not
more than six feet long.
C.
Regulation of female dogs in season. No person who
owns, keeps or harbors any dog shall suffer or permit such dog, if
a female in season, to be off the premises of its owner.
D.
Vicious dogs.
[Amended 4-19-1999 by Ord. No. 99-07]
(1)
No person who owns, keeps or harbors any dog which
shall have once bitten any person, except on its owner's property,
shall, after being given written notice by the Chief of Police or
person appointed by the appropriate municipal department head, suffer
or permit such dog to be in any place other than its owner's property
without being securely muzzled or confined on a leash and accompanied
by and under the control of a responsible person.
(2)
No person shall keep or harbor any dog which shall
have bitten any person or persons three or more times, wherever occurring,
after being given written notice by the Chief of Police or person
appointed by the appropriate municipal department head.
A.
The Chief of Police or person appointed by the appropriate municipal department head is empowered and authorized to take into custody any dog which commits any of the acts set forth in § 40-5 inclusive upon receiving complaint, in writing, or which is observed by him or her to be:
[Amended 4-19-1999 by Ord. No. 99-07]
(1)
Without a current registration tag on its collar or
harness as required by law.
(2)
In or upon any public school property or any public
park or recreation area in violation of any regulation promulgated
by the public authority having jurisdiction thereof, or any other
public property, and is not accompanied by and under the control of
a responsible person.
(3)
A female in season off the premises of its owner.
(4)
Barking, howling or crying in such manner as to constitute
a nuisance or biting or molesting any person or chasing a vehicle
upon a public street or injuring or damaging any lawn or shrubbery
or flowers or grounds or other property of any person other than its
owner or behaving in any way so as to endanger person or property.
B.
If any dog so taken into custody 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 such dog is known, the Chief of Police
or person appointed by the appropriate municipal department head shall
forthwith notify the person whose address is given on the collar or
harness or, if known, the owner or the person keeping or harboring
such dog, that the dog has been taken into custody and will be liable
to be destroyed or offered for adoption if not claimed within one
week after the giving of such notice. Such notice may be served by
either 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.
[Amended 4-19-1999 by Ord. No. 99-07]
C.
Such person shall be entitled to redeem such dog within
one week after giving of such notice, and, if notice is not required
to be given hereunder, any person claiming such dog shall be entitled
to redeem the dog within one week after its being taken into custody
upon establishing title thereto, and, if the dog was unlicensed or
untagged at the time of its seizure, upon producing a license and
registration tag for the dog and upon paying all expenses incurred
by reason of the dog's detention.
[Amended 9-22-1986 by Ord. No. 86-23]
D.
If any dog so taken into custody shall not be redeemed
as aforesaid, it shall thereupon be destroyed in a humane manner or
offered for adoption.
[Amended 4-19-1999 by Ord. No. 99-07]
Any officer or agent authorized or empowered
to seize a dog hereunder is hereby authorized and empowered to go
upon any premises to take into custody any dog which said officer
or agent may lawfully seize when he or she is in immediate pursuit
of such, except upon the premises of the owner of the dog if the owner
is present and forbids the same.
No person shall hinder, molest or interfere
with anyone in the performance of any of his or her powers or duties
under this article.
Any notice required or permitted to be given
hereunder may be made and given information and belief. Any such written
notice shall be left at or mailed to the usual or last known place
of abode of the person to whom directed or, when applicable, the address
given on a dog's collar or harness.
A.
No person shall own, possess, harbor or keep any dog
within the boundaries of the township which has not been inoculated
against rabies; provided, however, that dogs which have not attained
the age of six months shall not be required to be so inoculated; and
further provided that any dog may be exempt from the requirement of
such inoculation for a specified period of time by the Health Officer
upon the presentation of a certificate from a veterinarian stating
that because of infirmity or other physical condition the inoculation
of such dog for a specified period of time is contraindicated.
B.
Any person owning, keeping, harboring or having custody
of a dog shall obtain from the veterinarian who vaccinates this dog
against rabies a certificate on a form supplied by the Health Officer
and available at the Health Office and shall within 10 days of such
vaccination or within 10 days after bringing the dog into the township,
if the dog was vaccinated before being brought into the township,
deliver the certificate to the Health Office, who shall file the same
with the records of the Health Officer.
[Amended 4-19-1999 by Ord. No. 99-07]
C.
No license shall be issued to any person unless a
certificate issued by a duly licensed veterinarian of the State of
New Jersey, as hereinabove provided, is presented to and filed with
the Health Office showing that such dog has been vaccinated against
rabies in the manner provided herein, such certificate to show and
certify that the vaccination has been made within one year from the
date of the filing of the application for such license.
[Amended 4-19-1999 by Ord. No. 99-07]
[Amended 4-19-1999 by Ord. No. 99-07]
A.
Any person who violates or who fails or refuses to comply with this article, except for those provisions contained in §§ 40-5, 40-6 and 40-7, shall be liable to a penalty of not less than $5 nor more than $50 for each and every offense, except that for the first offense or failure to secure a license, the penalty shall be not less than $1 and not more than $50.
This article shall not be considered as prohibiting
the exercising or training of dogs as permitted by N.J.S.A. 23:4-25
nor to hunting dogs lawfully used during hunting season while under
the control of the owner, lessee or custodian. No provision of this
article shall be construed to apply to federal, state, county or municipal
governments, agencies thereof or agricultural stations or schools
maintained thereby; or to medical societies, universities, colleges,
philanthropic institutions incorporated or authorized to do business
in this state and having among their corporate purposes investigation
into the causes, nature, prevention and cure of diseases in humans
and animals; or corporations or societies incorporated or organized
for the purpose of the enforcement of all laws enacted for the protection
of dumb animals.
[Adopted 12-19-1990 by Ord. No. BH90-1 (Ch. BH:VIII of the Revised General Ordinances); readopted 4-19-1999 by Ord. No.
99-07]
As used in this article, the following terms
shall have the meanings indicated:
For the purpose of this article, dog or cat.
Any person or agency designated or certified by the Township
of West Windsor to enforce the provisions of this article.
Any member of the domestic feline species; male, female or
altered.
Any cat which has attained the age of seven months or which
possesses a set of permanent teeth.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein cats for sale are kept or displayed.
The Health Officer of the Township of West Windsor or any
designated representative thereof charged with administering the issuance
and/or revocation of permits and licenses under the provisions of
this article.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
When applied to the proprietorship of a cat, every person
having a right of property (or custody) in such cat and every person
who has such cat in his/her keeping or who harbors or maintains a
cat or knowingly permits a cat to remain on or about any premises
occupied by that person.
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
A.
Vaccination and license requirements. No person shall
own, keep, harbor or maintain any cat over seven months of age within
West Windsor Township unless such cat is vaccinated and licensed.
The provisions of this section do not apply to cats held in a cattery
or those held by a state or federal licensed research facility or
a veterinary establishment where cats are received or kept for diagnostic,
medical, surgical or other treatments or licensed animal shelters,
pounds, kennels or pet shops.
B.
Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization, published by the National Association of State Public Health Veterinarians, except as provided for in Subsection D.
C.
Vaccination certificate. A certificate of vaccination
shall be issued to the owner of each animal vaccinated, on a form
recommended by the state.
D.
Exemptions. Any cat may be exempted from the requirements
of such vaccination for a specified period of time by the West Windsor
Health Officer upon presentation of a veterinarian's certificate stating
that, because of an infirmity or other physical condition or regimen
of therapy, the inoculation of such cat shall be deemed inadvisable.
A.
Cats must have license number displayed. Any person
who shall own, keep or harbor a cat of licensing age shall annually
apply for and procure from the licensing authority a license and official
registration tag with license number or a registration sleeve for
each cat so owned, kept or harbored and shall place upon such cat
a collar or other device with the license number securely fastened
or displayed thereto. Acceptable methods of displaying the license
number shall include, but are not limited to, breakaway or elastic
collars, ear tags or tattoos located on the ear. License tags or sleeves
are not transferable.
B.
Time for applying for license. The owner of any newly
acquired cat of licensing age or of any cat which attains licensing
age shall make application for a license tag or sleeve for such cat
within 10 days after such acquisition or age attainment. This requirement
will not apply to a nonresident keeping a cat within West Windsor
Township for no longer than 90 days.
C.
Cats brought into jurisdiction.
(1)
Any person who shall bring or cause to be brought
into West Windsor Township any cat licensed in another state for the
current year and bearing a registration tag or sleeve and shall keep
the same or permit the same to be kept within the Township of West
Windsor for a period of more than 90 days shall immediately apply
for a license and registration tag or sleeve for each such cat.
(2)
Any person who shall bring or cause to be brought
into the Township of West Windsor any unlicensed cat 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 or sleeve for each such cat.
D.
Application; contents; preservation of information.
The application shall state the breed, sex, age, color and markings
of the cat for which a license and registration are sought and whether
it is of a longhaired or shorthaired variety; the name, street and
post office address of the owner; and the person who shall keep or
harbor such cat. The information on said application and the registration
number issued for the cat shall be preserved for a period of three
years by the local official designated to license cats in the municipality.
E.
License forms and tags. License forms and official
tags or sleeves shall be furnished by the municipality and shall be
numbered serially and shall bear the year of issuance and the name
of the municipality.
F.
Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license. The Health Officer (or designee) shall not grant any such license and official registration tag or sleeve for any cat unless the owner has registered the cat and the cat 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 Human Services or has been certified exempt as provided by § 40-14D of this article. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.
H.
License and registration tags required. Any person
who shall own, keep or harbor a cat of licensing age shall annually,
in the month of April, apply for and procure from the Health Officer
a license and official metal registration tag for each such cat owned,
kept or harbored and shall place upon each such cat a collar or harness
with the registration tag securely fastened thereto.
I.
Fees; renewals; expiration date of license.
(1)
Licenses from another municipality shall be accepted.
The person applying for the license and registration tag and/or sleeve
shall pay the fee fixed or authorized. The fee for the renewal of
a license and registration tag or sleeve shall be the same as for
the original, and said license, registration tag or sleeve and renewal
thereof shall expire on April 30, in the following year.
(2)
Only one license and registration tag or sleeve shall
be required in the licensing year for any cat in the Township of West
Windsor. Any valid New Jersey license tag or sleeve issued by a New
Jersey municipality shall be accepted by this municipality as evidence
of compliance.
J.
Loss of license. If a license tag or sleeve has been misplaced or lost, the licensing authority may issue a duplicate license and/or registration sleeve for that particular cat at a fee as set forth in Chapter 82, Fees.
[Amended 4-19-1999 by Ord. No. 99-07]
K.
Proof of licensing. Proof of licensing shall be produced
by any person owning, keeping, maintaining or harboring a cat upon
the request of any health official, police officer, Animal Control
Officer or other authorized person.
L.
Interfering with persons performing duties under this
article. No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this article.
M.
Disposition of fees collected. License fees and other
money collected or received under the provisions of this article shall
be forwarded to the Treasurer of the municipality and shall be deposited
according to statute in the general fund of the township.
