[HISTORY: Adopted by the Township Council
of the Township of Medford 12-19-1989 by Ord. No. 1989-32.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 66, Dogs, adopted 8-15-1983 by Ord. No. 1953-3, as amended.
Except as otherwise provided herein, the provisions
of N.J.S.A. 4:19-15.1 et seq. and acts amendatory thereof shall govern
and be of the same force and effect as though set forth at length
herein.
In supplement and addition to the provisions
of the aforesaid statutes and acts amendatory thereof, the following
provisions shall also apply within the confines of the Township of
Medford.
[Amended 11-23-1999 by Ord. No. 1999-39; 5-13-2003 by Ord. No. 2003-10]
The annual fee for all dogs registered in the municipality, as allowed for in N.J.S.A. 4:19-15.1 et seq., are as set forth in Chapter 71, Fees and Licenses, of this Code.
A.
In addition to the five classes of dogs mentioned
in N.J.S.A. 4:19-15.6, the Chief of Police or other person appointed
for the purpose of the Township Council shall take into custody and
impound or cause to be taken into custody and impounded and thereafter
destroyed or disposed of, as provided in the statutes, any dog, registered
or unregistered, running at large off the premises of the owner or
of the person keeping or, harboring said dog, except where such dog
is within the immediate control of the owner thereof or some other
person having the custody thereof or except where such dog is being
used for the purpose of hunting legal game within the seasons, as
provided by statute, or where such dog is being trained for the hunting
of rabbits, fox, raccoons and other legal game or where such dog is
actively participating in field trials or dog shows.
B.
Duke's Dog Run at Freedom Park.
[Added 5-13-2003 by Ord. No. 2003-10]
(1)
Notwithstanding the provisions of this section of
this chapter, licensed dogs are permitted to run at large within the
dog run off-leash area of Freedom Park, hereinafter known as "Duke's
Dog Run at Freedom Park," located in the Township of Medford.
(2)
A person having possession, custody, control and/or
ownership of such dog shall at all times be present in the immediate
area of dog run off-leash area when such dog is running at large in
Duke's Dog Run at Freedom Park.
(3)
The Township Manager, subject to the approval of Council,
is hereby authorized to promulgate rules and regulations for the conduct
of dogs and dog owners at Duke's Dog Run at Freedom Park. The rules
and regulations may be amended from time to time, as necessary, upon
approval by Council on motion. Said rules and regulations shall be
posted and kept on file with the Municipal Clerk.
[Amended 10-5-2021 by Ord. No. 2021-16]
(4)
With the exception of the waiver of the leash requirement,
persons using Duke's Dog Run at Freedom Park shall be responsible
for compliance with all ordinances of the Township of Medford, must
obey all posted rules and regulations, must maintain control of their
dog(s) at all times and shall be responsible for any damages or injury
to any person and/or property caused by the dog. Owners of dogs of
an aggressive nature may be ordered to refrain from using the facilities
at Duke's Dog Run at Freedom Park by a police officer or the Zoning
Official if a pattern of aggression can be documented by police incident
reports and/or the issuance Municipal Court summons.
[Amended 10-5-2021 by Ord. No. 2021-16]
[Amended 6-22-2010 by Ord. No. 2010-14]
Any dog found to be off the premises of the
owner or of the persons keeping or harboring said dog at any time
shall be considered to be prima facie running at large and subject
to the penalties and disposition herein provided by statute. A second
or subsequent offense, within a three-year period, under this section
shall subject the violator to a fine of not less than $50 nor more
than $500.
Any owner or person keeping or harboring any
dog, whether licensed or unlicensed, who shall habitually permit or
allow such dog to be a nuisance or any annoyance to any other person
or persons or to any other domestic animals shall be subject to a
fine of not less than $25 nor more than $100. A person violating this
chapter for a second or subsequent time, within a three-year period,
shall be subject to a fine of not less than $100 nor more than $250.
In addition, for a first or any subsequent offense, an offending person
may be required by the court to provide restitution for the damage
done by the dog, if any, upon the presentation of evidence showing
damage.
Any person who shall entice, either by bait,
threats, assault or other means, any dog into an act or acts in violation
of any of the provisions of this chapter shall be subject to a fine
of not less than $5 nor more than $100. A second or subsequent offense,
within a three-year period, under this section, shall subject the
violator to a fine of not less than $25 nor more than $200.
[Added 6-17-1997 by Ord. No. 1997-14]
Any person owning, keeping or harboring any
dog who shall permit or suffer it to do any injury to any lawn, shrubbery,
flowers, gardens, grounds or other property shall be subject to a
fire of not less than $25 not more than $100. A person violating this
chapter for a second or subsequent time within a three-year period
under this section shall be subject to a fine of not less than $100
nor more than $250. In addition, for a first or any subsequent offense,
an offending person may be required by the court to provide restitution
for the damage done by the dog, if any, upon the presentation of evidence
showing damage to the property.
[Added 6-17-1997 by Ord. No. 1997-14]
A.
Any person owning, keeping or harboring any dog in the Township shall prevent the dog from running at large upon any public street, public park, public building or in any other public place within the Township at any time, unless the dog is accompanied by a person and is securely confined by an adequate leash. This leash requirement shall apply in all such areas of the Township except as set forth in § 66-4B above. Any person in violation of this chapter shall be subject to a warning for the first violation. A person violating this chapter for a second time under this section shall be subject to a fine of not less than $25 nor more than $100. A person violating this chapter for a third time within a three-year period under this section shall be subject to a fine of not less than $100 nor more than $250 and shall be banned, along with the subject animal, from Duke's Dog Run at Freedom Park. Notwithstanding the foregoing, violation incidents will be reviewed on a case-by-case basis. The Township reserves the right to require that any dog or dog owner violating these rules and regulations must leave the Park temporarily or, if warranted, permanently. In addition, for a first or any subsequent offense, an offending person may be required by the court to provide restitution for damage done by the dog, based on a violation of the leash requirement, upon presentation of evidence showing damage to property. Violations of this chapter occurring in Duke's Dog Run at Freedom Park may be enforced by the Medford Township Zoning Official and Department of Neighborhood Services staff, in addition to the Medford Township Police Department.
[Amended 5-13-2003 by Ord. No. 2003-10; 10-5-2021 by Ord. No. 2021-16]
B.
Any person owning, harboring, keeping or in charge
of any dog who shall cause, suffer or allow such dog to soil, defile
or defecate 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 said property, or within 50 feet of
a stream, creek, pond, lake or other body of water, shall be subject
to a fine of not less than $25 nor more than $100. A person violating
this chapter for a second or subsequent time within a three year period
under this section shall be subject to a fine of not less than $100
nor more than $250. In addition, for a first or any subsequent offense,
an offending person may be required by the court to provide restitution
for the damage done by the dog, if any, upon the presentation of evidence
showing damage to the property.
C.
The restrictions in this subsection shall not apply
to that portion of the street lying between the curblines, nor shall
they apply to sidewalks and the grass strips lying between sidewalks
and curblines, which shall be used to curb such dog under the following
conditions:
[Amended 6-5-2019 by Ord. No. 2019-9]
(1)
The person who so curbs such dog shall immediately
remove all feces deposited by such dog in a sanitary manner; and
(2)
The feces removed from the aforementioned designated
areas shall be disposed of by the person owning, harboring, keeping,
or in charge of any dog curbed in accordance with the provisions of
this chapter in a sanitary manner by shovel, container, disposal bag,
or such other sanitary means.
[Added 10-4-2000 by Ord. No. 2000-27[1]]
[Amended 5-13-2003 by Ord. No. 2003-10]
Except as otherwise provided herein, penalties
for the violation of N.J.S.A. 4:19-15.1 et seq. or this chapter shall
be provided in N.J.S.A. 4:19-15.19.
