[HISTORY: Adopted by the Township Committee
of the Township of Freehold as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-14-1960 (Ch. IX of the Revised General Ordinances), as
amended through Ord. No. O-98-31]
[Amended 12-27-2005 by Ord. No. O-05-48]
As used in this article, the following terms
shall have the meanings indicated, except that the terms used herein
which are defined in N.J.S.A. 4:19-15.1 shall have the meanings given
therein:
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
[Added 7-21-2015 by Ord.
No. O-15-13]
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein animals for sale are kept or displayed.
[Added 7-21-2015 by Ord.
No. O-15-13]
Any dog or dog hybrid which has been declared by a Municipal
Judge to be potentially dangerous.
An establishment for the confinement of animals seized either
under the provisions of this chapter or otherwise.
[Added 7-21-2015 by Ord.
No. O-15-13]
Any establishment where animals are received, housed and
distributed without charge.
[Added 7-21-2015 by Ord.
No. O-15-13]
Any dog or dog hybrid which has been declared by a Municipal
Judge to be a vicious dog.
A.
When license required. Licenses shall be required
for the following dogs of licensing age:
(1)
Any dog owned or kept within the Township by a resident
of the Township on the first day of January of any calendar year.
(2)
Any dog acquired by any person during the course of
any calendar year and kept within the Township for more than 10 days
after acquisition.
(3)
Any dog attaining licensing age during the course
of the calendar year.
(4)
Any unlicensed dog brought into the Township by any
person and kept within the Township for more than 10 days.
(5)
Any dog licensed by another state brought into the
Township by any person and kept within the Township for more than
90 days.
B.
Application for license.
(1)
Each application for a license under this article
shall give the following information:
(a)
A general description of the dog sought to be licensed,
including breed, sex, age, color, markings, whether long- or short-haired
and date of currently effective rabies vaccination which must be effective
for entire licensure period, except that on a three-year license,
the vaccination must be effective through at least October 31 of the
last year of the license.
(b)
Name, street and post office address of the owner
of, and the person who shall keep or harbor, the dog.
(2)
Registration numbers shall be issued in the order
in which applications are received.
C.
Deadline for license application. Applications for licenses for dogs which are required to be licensed by the provisions of Subsection A shall be made before the first day of February of such calendar year as is applicable. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog in question first becomes subject to the provisions of this article.
D.
Number of dogs permitted. No more than five dogs or
cats, or combination thereof, shall be owned or harbored by any person
except in a kennel or pet shop duly licensed or in a pound or shelter.
[Amended 12-27-2005 by Ord. No. O-05-48]
E.
License record. The information on all applications
under this article and the registration number issued to each licensed
dog shall be preserved for a period of three years by the Township
Clerk. In addition, he shall forward similar information to the State
Department of Health each month on forms furnished by the Department.
F.
Fees. Any person applying for the license and registration tag shall pay the yearly fee for such license as provided in Chapter 150, Fees; provided however, that the fee will be reduced for any owner who presents a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered.
G.
Expiration Date. Each dog license, registration tag
and renewal thereof shall expire on the last day of January in each
year or every third year if a three-year license has been issued.
H.
Exceptions. The provisions of this section shall not apply to any dog licensed under § 79-3 of this article. 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" and dogs used to assist deaf persons and commonly known as "hearing ear dogs" shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.
[Amended 12-27-2005 by Ord. No. O-05-48]
A.
License required. Any person who keeps, operates or
proposes to establish a kennel, pet shop, shelter or pound shall apply
to the Health Department for a license entitling him to keep or operate
the establishment. Any person holding the license shall not be required
to secure individual licenses for dogs owned by the licensee and kept
at the establishment; licenses shall not be transferable to another
owner or different premises.
[Amended 12-27-2005 by Ord. No. O-05-48]
B.
Application information. The application shall contain
the following information:
(1)
The name and permanent and local address of the applicant.
(2)
The street address where the establishment is located,
or proposed to be located, together with a general description of
the premises.
(3)
The purposes for which it is to be maintained.
(4)
The maximum number of dogs to be accommodated by the
establishment at any one time.
C.
Pet shop disclosure.
[Added 7-21-2015 by Ord.
No. O-15-13[1]]
(1)
In addition to the application submitted pursuant to this section,
every pet shop shall submit, to the Township Clerk or other official
designated to license dogs in the Township, a report providing the
following information from the prior year of operation:
(a)
The name, full street address, e-mail address, if available,
and USDA license number of:
[1]
Any breeder from which the pet shop purchased an animal, whether
or not the pet shop offered the animal for sale;
[2]
Any breeder that bred an animal that the pet shop purchased
from a broker, whether or not the pet shop offered the animal for
sale; and
[3]
Any broker from which the pet shop purchased an animal, whether
or not the pet shop offered the animal for sale;
(b)
If a breeder whose identity the pet shop is required to report pursuant to § 79-3C(1)(a) is required to be licensed in the state in which the breeder is located, the breeder's state license number;
(c)
If a broker whose identity the pet shop is required to report pursuant to § 79-3C(1)(a) is different from any breeder whose identity the pet shop is required to report pursuant to § 79-3C(1)(a), and the broker is required to be licensed in the state in which the broker is located, the broker's state license number; and
(d)
The total number of animals for each breeder and broker for which the pet shop has reporting requirements in § 79-3C(1)(a).
D.
Approval of Health Officer. No license shall be issued
until the proposed licensee receives an inspection and a satisfactory
posting from the Health Officer or its designee that the establishment
or proposed establishment complies with local and state rules governing
the location of and sanitation at the establishment.
[Amended 12-27-2005 by Ord. No. O-05-48]
E.
License term. All licenses issued for a kennel, pet
shop, shelter or pound shall state the purpose for which the establishment
is maintained and all licenses shall expire on the last day of January
of each year.
F.
License fees. The annual fees for kennel and pet shop licenses shall be as provided in Chapter 150, Fees.
G.
Compliance with state regulations.
(1)
All licenses issued for a kennel, pet shop, shelter
or pound shall be subject to revocation by the Township Committee
on recommendation of the State Department of Health or the Board of
Health for failure to comply with the rules and regulations of the
State Department of Health or the Board of Health, after the owner
has been afforded a hearing by either the State Department of Health
or the Board of Health.
(2)
Any person holding a license to establish, keep or
operate a kennel, pet shop, shelter or pound shall comply with all
Township ordinances and the rules and regulations promulgated by the
State Department of Health governing the sanitary conduct and operation
of kennels, pet shops, shelters and pounds, the preservation of sanitation
and the prevention of the spread of rabies and other diseases of dogs
within and from these establishments.
H.
Report to State Health Department. The Health Officer
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
are issued, which list shall include the name and address of the licensee
and the kind of license issued.
[Amended 12-27-2005 by Ord. No. O-05-48]
I.
Control of dogs off premises. No dog kept in a kennel,
pet shop, shelter or pound shall be permitted off the premises, except
on leash or in a crate or other safe control.
A.
License fees and other moneys collected or received
under the provisions of this article, except registration tag fees,
shall be forwarded to the Township Treasurer 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 shall be used for
the following purposes only: collecting, keeping and disposing of
dogs liable to seizure under this article; local prevention and control
of rabies; 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; 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 the 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 the third fiscal year following, and at the end of each
fiscal year thereafter, there shall be transferred from the special
account to the general funds of the Township any amount then in the
account which is in excess of the total amount paid into the special
account during the last two fiscal years next preceding.
B.
The registration tag fee in the amount as prescribed
from time to time by the state for each dog shall be forwarded within
30 days after collection by the Board of Health to the State Department
of Health.
[Amended 12-27-2005 by Ord. No. O-05-48]
The Department of Health of the Township shall
annually or biennially cause a canvass to be made of dogs owned, kept
or harbored within the limits of the Township and shall report to
the Health Officer, the Board of Health and the State Department of
Health the results thereof, setting forth in separate columns the
names and addresses of persons owning, keeping or harboring dogs,
the number of licensed dogs owned, kept or harbored by each person,
together with the registration number of each dog; the number of unlicensed
dogs owned, kept or harbored by each person, together with a complete
description of each unlicensed dog.
A.
Complaint; investigation; report; notification. It
shall be the duty of the Police Department and the Animal Control
Officer to receive and investigate complaints against dogs. If they
reasonably believe any dog complained of to be a vicious or potentially
dangerous dog, they shall report their findings in writing to the
Municipal Judge.
(1)
The Animal Control Officer shall notify the Municipal
Court and the Municipal Health Officer immediately that he has seized
and impounded a dog pursuant to this article, or that he has reasonable
cause to believe that a dog has killed another domestic animal and
that a hearing is required. The Animal Control Officer shall, through
a reasonable effort, attempt to determine the identity of the owner
of any dog seized and impounded pursuant to this article. If its owner
cannot be identified within seven days, that dog may be humanely destroyed.
(2)
The Animal Control Officer shall, within three working
days of the determination of the identity of the owner of a dog seized
and impounded pursuant to this article, notify by certified mail,
return receipt requested, the owner concerning the seizure and impoundment
and that, if the owner wishes, a hearing will be held to determine
whether the impounded dog is vicious and or potentially dangerous.
This notice shall also require that the owner return within seven
days, by certified mail or hand delivery, a signed statement indicating
whether he wishes the hearing to be conducted or, if not, to relinquish
ownership of the dog, in which case the dog may be humanely destroyed.
If the owner cannot be notified by certified mail, return receipt
requested, or refuses to sign for the certified letter, or does not
reply to the certified letter with a signed statement within seven
days of receipt, the dog may be humanely destroyed.
B.
Notice; hearing. The Municipal Judge shall notify
in writing the owner or keeper of an allegedly vicious or potentially
dangerous dog that a complaint has been made and require the person
to appear before him at a stated time and place for a hearing.
C.
Finding to declare dog vicious; grounds.
(1)
The Municipal Court shall declare the dog vicious
if it finds by clear and convincing evidence that the dog:
(2)
A dog shall not be declared vicious for inflicting
death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon
a person if the dog was provoked. The municipality shall bear the
burden of proof to demonstrate that the dog was not provoked.
(3)
If the Municipal Court declares a dog to be vicious,
and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25,
the dog shall be destroyed in a humane and expeditious manner, except
that no dog may be destroyed during the pendency of an appeal.
D.
Finding to declare dog potentially dangerous.
(1)
The Municipal Court shall declare a dog to be potentially
dangerous if it finds by clear and convincing evidence that the dog:
(a)
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a)
to a person during an unprovoked attack, and poses a serious threat
of bodily injury or death to a person; or
(c)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
E.
Control of vicious dogs. No person owning or keeping
a vicious dog shall permit the dog to be off the property of the owner
or keeper without being securely muzzled.
F.
Order and schedule for compliance for potentially
dangerous dog; conditions. If the Municipal Court declares the dog
to be potentially dangerous, it shall issue an order and a schedule
for compliance which, in part:
(1)
Shall require the owner to comply with the following
conditions:
(a)
To apply, at his own expense, to the Health Officer
or other official designated to license dogs pursuant to N.J.S.A.
4:19-15.2, for a special municipal potentially dangerous dog license,
municipal registration number, and red identification tag. The owner
shall, at his own expense, have the registration number tattooed upon
the dog in a prominent location. A potentially dangerous dog shall
be impounded until the owner obtains a municipal potentially dangerous
dog license, municipal registration number, and red identification
tag;
[Amended 12-27-2005 by Ord. No. O-05-48]
(b)
To display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to Subsection F(1)(c) of this section;
(c)
To immediately erect and maintain an enclosure for
the potentially dangerous dog on the property where the potentially
dangerous dog will be kept and maintained, which has sound sides,
top and bottom to prevent the potentially dangerous dog from escaping
by climbing, jumping or digging and within a fence of at least six
feet in height separated by at least three feet from the confined
area. The owner of a potentially dangerous dog shall securely lock
the enclosure to prevent the entry of the general public and to prelude
any release or escape of a potentially dangerous dog by an unknowing
child or other person. All potentially dangerous dogs shall be confined
in the enclosure or, if taken out of the enclosure, securely muzzled
and restrained with a tether approved by the Animal Control Officer
and having a minimum tensile strength sufficiently in excess of that
required to restrict the potentially dangerous dog's movements to
a radius of no more than three feet from the owner and under the direct
supervision of the owner.
(2)
May require the owner to maintain liability insurance
in an amount determined by the Municipal Court to cover any damage
or injury caused by the potentially dangerous dog. The liability insurance,
which may be separate from any other homeowner policy, shall contain
a provision requiring the municipality in which the owner resides
to be named as an additional insured for the sole purpose of being
notified by the insurance company of any cancellation, termination
or expiration of the liability insurance policy.
G.
Procedures for appeal. The owner of the dog, or the
Animal Control Officer in the municipality in which the dog was impounded,
may appeal any final decision, order, or judgment, including any conditions
attached thereto, of a Municipal Court pursuant to N.J.S.A. 4:19-17
et seq. by filing an appeal with the Superior Court, Law Division,
in accordance with the Rules Governing the Courts of the State of
New Jersey pertaining to appeals from courts of limited jurisdiction.
The Superior Court shall hear the appeal by conducting a hearing de
novo in the manner established by those rules for appeals from courts
of limited jurisdiction.
H.
Liability of owner for costs of impoundment and destruction.
(1)
If a dog is declared vicious or potentially dangerous,
and all appeals pertaining thereto have been exhausted, the owner
of the dog shall be liable to the municipality in which the dog is
impounded for the costs and expenses of impounding and destroying
the dog. The municipality may establish by ordinance a schedule of
these costs and expenses. The owner shall incur the expense of impounding
the dog in a facility other than the municipal pound, regardless of
whether the dog is ultimately found to be vicious or potentially dangerous.
(2)
If the dog has bitten or exposed a person within 10
days previous to the time of euthanasia, its head shall be transported
to the New Jersey State Department of Health laboratory for rabies
testing.
I.
Right to convene hearing for subsequent actions of
dog. If the Municipal Court finds that the dog is not vicious or potentially
dangerous, the Municipal Court shall retain the right to convene a
hearing to determine whether the dog is vicious or potentially dangerous
for any subsequent actions of the dog.
J.
Duties of owner of potentially dangerous dog. The
owner of the potentially dangerous dog shall:
(1)
Comply with the provisions of N.J.S.A. 4:19-17 et
seq. in accordance with a schedule established by the Municipal Court
but in no case more than 60 days subsequent to the date of determination;
(2)
Notify the licensing authority, local Police Department
or force, and the Animal Control Officer if a potentially dangerous
dog is at large, or has attacked a human being or killed a domestic
animal;
(3)
Notify the licensing authority, local Police Department
or force, and the Animal Control Officer within 24 hours of the death,
sale or donation of a potentially dangerous dog;
(4)
Prior to selling or donating the dog, inform the prospective
owner that the dog has been declared potentially dangerous;
(5)
Upon the sale or donation of the dog to a person residing
in a different municipality, notify the department and the licensing
authority, Police Department or force, and Animal Control Officer
of that municipality of the transfer of ownership and the name, address
and telephone of the new owner; and
(6)
In addition to any license fee required pursuant to
N.J.S.A. 4:19-15.3, pay a potentially dangerous dog license fee to
the municipality as provided by N.J.S.A. 4:19-31.
K.
Violations by owner; penalties; enforcement; seizure
and impoundment of dog; destruction by order of court. The owner of
a potentially dangerous dog who is found by clear and convincing evidence
to have violated this article, or to have failed to comply with a
court’s order, shall be subject to a fine of not more than $1,000
per day of the violation, and each day’s continuance of the
violation shall constitute a separate and distinct violation. The
Municipal Court shall have jurisdiction to enforce this section. An
Animal Control Officer is authorized to seize and impound any potentially
dangerous dog whose owner fails to comply with the provisions of N.J.S.A.
4:19-17 et seq., or any rule or regulation adopted pursuant thereto,
or a court’s order. The Municipal Court may order that the dog
so seized and impounded be destroyed in an expeditious and humane
manner.
[Amended 4-26-2011 by Ord. No. O-11-9]
L.
Potentially dangerous dog registration number, red
identification tag and license; issuance; telephone number to report
violations; publicity. Each municipality shall:
(1)
Issue a potentially dangerous dog registration number
and red identification tag with a municipal potentially dangerous
dog license upon a demonstration of sufficient evidence by the owner
to the Animal Control Officer that he has complied with the court's
orders. The last three digits of each potentially dangerous dog registration
number issued by a municipality will be the three-number code assigned
to that municipality in the regulations promulgated pursuant to N.J.S.A.
4:19-33. The Animal Control Officer shall verify, in writing, compliance
with the above.
[Amended 12-27-2005 by Ord. No. O-05-48]
(2)
Publicize a telephone number for reporting violations
of this article. This telephone number shall be forwarded to the State
of New Jersey Department of Health and any changes in this number
shall be reported immediately to the State of New Jersey Department
of Health.
A.
Causes for impounding. The Animal Control Officer
shall take into custody and impound, or cause to be taken into custody
and impounded, any of the following dogs:
(1)
Any unlicensed dog running at large in violation of
the provisions of this article.
(2)
Any dog off the premises of the owner of or the person
keeping or harboring the dog which the Animal Control Officer or his
agent has reason to believe is a stray dog.
(3)
Any dog off the premises of the owner of or the person
keeping or harboring such dog without a current registration tag on
its collar.
(4)
Any female dog in season off the premises of the owner
of or the person keeping or harboring such dog.
(5)
Any dog which has been determined to be a vicious dog as provided in § 79-6, provided that these dogs may also be seized by any police officer, and provided further that if the dogs cannot be seized with safety, they may be killed.
(6)
Any dog or other animal which is suspected to be rabid.
(7)
Any dog or other animal off the premises of the owner
reported to or observed by a Animal Control Officer to be ill, injured
or creating a threat to public health, safety and welfare or otherwise
interfering with the enjoyment of property.
(8)
Any dog or dog hybrid which the Animal Control Officer
has reasonable cause to believe that the dog or dog hybrid has attacked
a person and caused death or serious bodily injury as defined in N.J.S.A.
2C:11-1(b) to that person; or has caused bodily injury as defined
in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack and
poses a serious threat of harm to persons or domestic animals; or
has engaged in dog fighting activities as described in N.J.S.A. 4:22-26;
or has been trained, tormented, badgered, baited or encouraged to
engage in unprovoked attacks upon persons or domestic animals.
B.
Administrative and impound fees.
[Added 9-25-2007 by Ord. No. O-07-26]
(1)
When any dog is seized by the Animal Control Officer,
the owner shall be liable to the Township for an administrative fee
of $50.
(2)
When any seized dog is not promptly claimed by its
owner and the Animal Control Officer has turned the dog over for impoundment,
the owner shall be liable to the Township for reimbursement of the
impoundment fee charged to the Township, plus a processing fee of
$10.
(3)
In the event the Township is required to initiate
any action to recover any of the fees in this article, all expenses
of collection, including reasonable attorney’s fees, shall be
the responsibility of the owner.
No person shall own, keep or harbor a dog in
the Township except in compliance with the provisions of this article
and the following regulations.
A.
Wearing of registration. All dogs which are required
by the provisions of this article to be licensed shall wear a collar
or harness with the registration tag for the dog securely fastened
thereto.
B.
Use of registration tags. 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 was not
issued.
C.
Interference with official duties. No person shall
hinder, molest or interfere with anyone authorized or empowered to
perform any duty under this article.
D.
Disturbing the peace. No person shall own, keep, harbor
or maintain any dog which habitually barks or cries between the hours
of 8:00 p.m. and 8:00 a.m.
E.
Running at large. 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, public building or other public place
or private property within the Township without the permission of
the owner of such property.
F.
Leashing of dogs. 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 or private property within the Township
without the permission of the owner of such property unless such dog
is accompanied by a person over the age of 12 years and is securely
confined and controlled by an adequate leash not more than six feet
long.
G.
Property damage. 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.
H.
Curbing of dogs. No person owning, keeping or harboring
a dog shall permit or suffer it to soil, defecate on or commit any
nuisance on any common thoroughfare, sidewalk, passageway, bypath,
play area, park, or any place where people congregate or walk or upon
any public property whatsoever or upon any private property without
the permission of the owner of such property. The restrictions in
this subsection shall not apply to that portion of the street lying
between the curblines, which shall be used to curb dogs under the
following conditions:
(1)
The person who so curbs such dog shall immediately
remove all feces deposited by such dog by any sanitary method approved
by the Board of Health.
(2)
The feces so removed from the aforementioned designated
area shall be disposed of by the person owning, harboring, keeping
or in charge of any dog curbed in accordance with the provisions of
this subsection, in a sanitary manner approved by the Board of Health.
Where it has been determined by a physician
that a person has been bitten by a dog, the individual, or his parent
or guardian if he is a minor, shall immediately notify the police.
When the owner or keeper of any dog shall be notified by the police
that the dog has bitten any individual or individuals, the owner or
keeper of the dog must comply with the following procedures:
A.
Have the dog examined by a licensed veterinarian within
12 hours.
B.
Have the dog kept in quarantine in the owner's home
or at a kennel for a period of 10 days.
C.
At the end of 10 days have the dog reexamined by a
veterinarian and a written report of the dog's state of health sent
to the Board of Health.
A.
Vaccination required; exceptions. No person shall
own, possess, harbor or have in custody any dog within the Township
over six months of age unless it has been vaccinated against rabies
by a duly licensed veterinarian. The vaccination shall be repeated
with the range of known immunization or annually thereafter and shall
consist of the recommended dosage as prescribed by the manufacturer,
who shall be duly licensed by the United States Bureau of Animal Industry
of the Department of Agriculture. Any dog may be exempted from the
requirement of vaccination for a specified period of time by the Board
of Health, upon the presentation of a certificate from a duly licensed
veterinarian stating that by reason of age, infirmity or other physical
condition the vaccination of the dog, for such specified period of
time, is contraindicated. Nothing herein contained shall be deemed
to require the vaccination of any dog located in and confined to duly
recognized and licensed kennels, dog pounds, pet shops, shelters or
veterinary hospitals.
B.
Certificate.[1]
(1)
Delivery to Health Officer. Any person owning, possessing,
harboring or having custody of any dog shall obtain from the veterinarian
who vaccinates the dog against rabies a certificate supplied by the
Health Officer or on a standard immunization certificate in use by
the licensed veterinarian, and shall within 10 days of each 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 Township Health Department where it shall be
filed with the records of the office.
(2)
Required before issuance of license. No license required
for the owning and keeping of dogs by virtue of any law of the state
or the Township shall be issued to any person unless a certificate
issued by a duly licensed veterinarian is presented to and filed with
the Dog Registrar showing that the dog has been vaccinated against
rabies. The certificate shall indicate that the vaccination has been
made within four months from the date of the filing of the application
for a license.
C.
Free vaccination. The Health Officer is authorized
and empowered to provide free vaccination of dogs at a suitable clinic
or place designated by him to be conducted by a licensed veterinarian
of the State of New Jersey. He is further authorized to make and adopt
such rules and regulations not inconsistent with the terms and provisions
of this section as he may deem necessary and proper for the enforcement
of this section.
The Township Committee may, by proclamation,
require all dogs and cats to be quarantined during any period in each
year which may seem advisable to the Township Committee.
The Township Committee shall have the power
to appoint a Animal Control Officer whose duty it shall be to enforce
the provisions of this article.[2] The Animal Control Officer may also impound unlicensed
dogs running at large in violation of the provisions of this chapter
and shall make a monthly report to the Board of Health.
[2]
Editor's Note: An agreement has been entered
into with the Townships of Manalapan and Millstone and the Boroughs
of Freehold and Englishtown for the full-time Regional Animal Control
Officer to service all the aforementioned municipalities.
[Amended 4-26-2011 by Ord. No. O-11-9]
[Adopted 2-28-2006 by Ord. No. O-06-6]
The following terms shall have the meanings
indicated:
Waste matter expelled from the bowels of an animal; excrement.
Any nongame species of mammal, bird, reptile or amphibian
not indigenous to New Jersey.
Refers to those species of animals that are typically raised
on a farm as defined in this article, such as livestock and poultry.
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
At once, without delay.
Includes but is not be limited to individuals, corporations,
companies, associations, societies, including nonprofit organizations,
firms, partnerships, joint-stock companies, individuals and governmental
entities.
Any animal, other than a disability assistance animal, kept
for any period of time in or at any residence, sold or retained for
the purpose of being kept for pleasure, companionship or utilitarian
purposes and not kept for food source.
Any exotic mammals, birds, reptiles or amphibians, or wild
animal which, in the opinion of the New Jersey Department of Environmental
Protection, Division of Fish and Wildlife (or its successor), is capable
of inflicting serious or fatal injuries, or which has the potential
to become an agricultural pest, or a menace to the public health,
or indigenous wildlife populations, including but not limited to those
set forth in N.J.A.C. 7:25-4.8.
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 treatment and
disposal.
Any bird that frequents the water, or lives about rivers,
lakes, etc., or on or near the sea; aquatic fowl including, but not
limited to ducks, geese, swans, herons and egrets.
Any animal, which is not human nor domesticated, including
but not limited to bears, coyotes, deer, feral cats, foxes, groundhogs,
opossums, raccoons, skunks, waterfowl, wolves and hybrid wolves.
The following restrictions shall apply to all areas located in a residential zone within Freehold Township pursuant to §§ 190-125 through 190-143 of Chapter 190, Land Use:
A.
Housing or storing of farm animals is prohibited unless
a location in which the animals are being stored is a farm in accordance
with this article.
B.
Large exotic animals, as determined by the Freehold
Township Health Department, and potentially dangerous species are
not permitted in residential zones.
A.
No person shall possess any potentially dangerous
species unless such person has first received both the required permit
from the New Jersey Department of Environmental Protection in accordance
with N.J.A.C. 7:25, Subchapter 4, and has registered with the Freehold
Township Board of Health. In registering with the Freehold Township
Board of Health, a person seeking to possess any potentially dangerous
species must present the permit obtained from the New Jersey Department
of Environmental Protection.
A.
Requirements for disposal. All persons are required
to immediately and properly dispose of their pet solid waste deposited
on any property, public or private, whether or not owned or possessed
by that person.
B.
Storage of receptacles. At no time may refuse containers
be placed closer than 50 feet from a stream or wetland area, as delineated
by the New Jersey Department of Environmental Protection.
C.
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.
A.
Feeding of wild animals, birds and waterfowl prohibited.
(1)
No person shall purposely or knowingly, as said terms are defined in Title 2C of the New Jersey Revised Statutes, feed, bait or in any manner provide access to food to any wild animal, birds or waterfowl in Freehold Township, on lands either publicly or privately owned, except as permitted by Subsection B below. This section shall not apply to the feeding of farm animals, nor to confined wildlife (for example, wildlife confined in stables, parks or rehabilitation centers, nor unconfined wildlife at environmental education centers).
(2)
No person shall purposely or knowingly leave or store
any refuse, garbage, food product, pet food, forage product or supplement,
salt, seed or birdseed, fruit or grain in a manner that would constitute
an attractant to any wild animal or waterfowl.
(3)
After being advised by the Township to undertake remedial
action to avoid contact or conflict with wild animals, no person shall
continue to provide, or otherwise fail to secure or remove, any likely
food sources or attractants, including, but not limited to, outdoor
trash, grills, pet food, bird feeders or any other similar food source
or attractant.
(4)
Nothing in this section shall apply to:
(a)
Any agent of the Township authorized to implement
an alternative control method set forth in any approved community-based
deer management plan and possessing a special deer management permit
issued by the New Jersey Division of Fish and Wildlife in accordance
with the provisions of P.L. 2000, c.46[1]; or
[1]
Editor's Note: See N.J.S.A. 23:4-42.3 et seq.
(b)
Any hunter engaging in baiting for the purpose
of hunting pursuant to a valid hunting license issued in accordance
with the provisions of Title 23 of the New Jersey Revised Statutes.
B.
Feeding of songbirds and other backyard birds permitted.
Feeding of songbirds and other backyard birds shall be permitted outdoors
at such times and in such numbers that:
(1)
Such feeding does not create an unreasonable disturbance
that affects the rights of surrounding property owners and renders
other persons insecure in the use of their property;
(2)
Does not create an accumulation of droppings on the
property and surrounding properties; and
(3)
Does not become an attractant for rodents or other
wild animals.
Any individual may seek a waiver from full or
partial compliance with any section of this article by filing a written
request for a waiver with the Freehold Township Board of Health. The
Board of Health shall have 45 business days from receipt of the waiver
request to issue a written decision either granting or denying the
request. A granting of a waiver shall not serve to cure any violations
issued by any entity within the Township prior to the issuance of
such written notification, nor shall the granting of any waiver request
be effective until and unless written notification is issued by the
Board of Health.
Any animal owned or harbored in accordance with
this article must be kept and maintained so as not to create a public
health nuisance as determined by the Township of Freehold in accordance
with the criteria set forth in N.J.S.A. 26:3-45 et seq.
A summons alleging a violation of this article
may be issued by the Freehold Township Code Enforcement Officer, the
Freehold Township Health Officer or designee or by the Freehold Township
Police Department. Alternatively, any individual may file a complaint
with the Freehold Township Municipal Court, which shall issue a summons
in accordance with the New Jersey Rules of Court.
