Article VI: Restraint and Other Dog Care Regulations

As used in this article, the following terms shall have the meanings indicated:

Material to provide a bed for dogs.

Any person who takes care of the house or land of an owner who may be absent and is responsible for the keeping of a dog.

DOGHOUSE

A covered and protected domicile for a dog.

ENCLOSURE

Any structure used to restrict a dog or dogs to a limited amount of space, such as a pen, run, cage or compartment.

HANDLER

Any person in immediate physical charge of a dog.

IMMEDIATE

Shall mean that the pet solid waste is removed at once, without delay.

[Added 12-13-2005 by Ord. No. 1634]

KENNEL

Any establishment wherein or whereupon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.

OWNER

When applied to proprietorship of a dog, means every person having a right of property in that dog and every person who has that dog in his or her keeping.

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.

[Added 12-13-2005 by Ord. No. 1634]

PEN

An enclosure for dogs.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

[Added 12-13-2005 by Ord. No. 1634]

PET

A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

[Added 12-13-2005 by Ord. No. 1634]

PET SHOP

Any place of business that 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.

PET SOLID WASTE

Waste matter expelled from the bowels of the pet; excrement.

[Added 12-13-2005 by Ord. No. 1634]

POUND

Any establishment for the confinement of dogs or other animals seized either under the provisions of N.J.S.A. 4:19-15.16 or otherwise.

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 designated to convey domestic sewage for proper treatment and disposal.

[Added 12-13-2005 by Ord. No. 1634]

SHELTER

Any establishment where dogs or other animals are received, housed and distributed.

§ 107-15 Restraint of dogs.

Owners, caretakers, guardians or handlers of dogs will exercise diligence and reasonable care to prevent said dogs from leaving their premises regardless of whether their premises is owned, leased or rented. Restraint exists when the dog is:

(1)

Enclosed and properly provided for pursuant to N.J.S.A. 4:22-17 within a house, building, properly maintained fence, pen or other enclosure.

(2)

Pens or other enclosures for each dog must be four feet in height and square footage as follows:

	Number of Dogs	Square Footage
	1	64
	2	96
	3	144
	4	196
	Over 4	An additional 24 for each dog

(3)

The pens or other enclosures shall include a soundly constructed, safely positioned and properly maintained doghouse.

(4)

Doghouses shall contain bedding such as straw or other absorbent material in a sufficient quantity to provide adequate insulation for the house. Bedding shall be maintained in a dry condition and renewed or changed as necessary.

Owners, caretakers, guardians or handlers of dogs will exercise diligence and reasonable care to keep dogs under restraint. In circumstances in which the dogs are not located on premises owned, leased or rented by the caretakers, guardians or handlers, dogs must be handled in a humane manner pursuant N.J.S.A. 4:22-17.

Owners, caretakers, guardians or handlers of dogs may attempt to prevent said dogs from leaving the premises by installing an invisible fence. Owners, caretakers, guardians or handlers of dogs are responsible for the maintenance of the invisible fences and shall exercise diligence to keep the fence in proper working order.

Kennels, pet shops, shelters and pounds shall comply with the provisions of applicable state statutes and administrative regulations.

§ 107-16 Pet waste.

[Amended 12-13-2005 by Ord. No. 1634]

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.

Exemptions: Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of the section, when such animal is being used for such purposes.

§ 107-17 Chaining or tethering of dogs.

Dogs must be able to move freely when chained or tethered and shall be confined for a period no greater than nine hours within a twenty-four-hour period. The size of the tether or chain must be a minimum of 15 linear feet and shall remain tangle free. Dogs must be equipped with properly fitted harness or buckle-type collars. The tether or chain shall be constructed of lightweight cable. A doghouse shall be accessible to dogs that are chained or tethered.

§ 107-18 Prohibited activities and treatment.

No owner, caretaker, guardian or handler shall withhold proper shelter, protection from weather, veterinary care and immune care to any animal. No owner, caretaker, guardian or handler shall fail to provide his or her animal with sufficient food and drinkable water on a daily basis. Food and water must be in an animal-food-consumption or water-consumption-type container, feeder or waterer.

No animal shall be subjected to unnecessary suffering and cruelty such as subjecting the animal to prolonged fear, injury, pain or physical abuse. Interaction with humans and other animals shall not be unreasonably withheld.

Any violations of this §§ 107-15, 107-16, 107-17, 107-18, and 107-19, in addition to other methods of enforcement provided by law, may be enforced by the issuance of a notice of violation by members of the Galloway Township Police Department, Galloway Township Code Enforcement Officer(s), Galloway Township Animal Control, Dog Canvasser(s) and/or Township Clerk.

§ 107-19 Duties of citizens.

Any operator of a motor vehicle who accidentally strikes a dog or cat shall stop and render such assistance to the dog or cat as may be possible, provided it could be accomplished safely and without danger to the motorist, pedestrians or other motorists.

The operator of a motor vehicle involved in such an accident shall promptly report such injury or death to the appropriate law enforcement agency.

§ 107-20 Distribution of chapter.

At all times when a resident attempts to obtain a license for a dog, a copy of Chapter 107 and its amendments shall be distributed to said resident.

§ 107-21 Violations and penalties.

Enforcement of all sections within Article VI shall be commenced by the filing of a complaint with the Municipal Court of the Township of Galloway with the exception of § 107-15D.

Any person found guilty of a violation of § 107-16 of Article VI of the Municipal Code of the Township of Galloway shall be subject to a fine not to exceed $25 for the first offense, $50 for the second offense and $100 for any subsequent offenses.

Any person found guilty of all other provisions of Article VI by the Municipal Court of the Township of Galloway shall be subject to a fine not to exceed $2,000 or imprisonment not to exceed 90 days, or both; provided, however, that the Court shall waive or suspend any fines if the court determines it is appropriate to do so. Furthermore, the court may order restitution be paid to any agency that incurs expenses related to the investigation and prosecution of any offender of this article.

[Amended 12-13-2016 by Ord. No. 1951-2016]