[Adopted 12-18-1967 as Ch. 18, Art. I, of the 1967 Code]
A. 
The words hereinafter defined shall have the meanings herein indicated for the purposes of this article as follows:
ANIMAL CONTROL OFFICER
An employee or appointee of the Gloucester County Animal Control whose specific duties include the enforcement of state statutes and local ordinances relating to animals.
[Added 9-23-2008 by Ord. No. O-22-2008]
ANIMAL SHELTER
An establishment for the confinement of any animals seized under the provisions of this article.
[Added 9-23-2008 by Ord. No. O-22-2008]
DOG
Any dog or dog hybrid.
[Amended 2-9-1993 by Ord. No. O-3-93]
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop, and shall include any establishment wherein there is carried on the business or practice of boarding, grooming, selling or breeding dogs or where dogs are kept or maintained for any commercial purpose whatever, except a pet shop as herein mentioned, or where more than 10 dogs of licensing age are kept or maintained for any reason in any one place or establishment.
[Amended 2-9-1993 by Ord. No. O-3-93]
OWNER
Any person offering or allowing access to food, water, or shelter to an animal for more than 15 days.
[Amended 9-23-2008 by Ord. No. O-22-2008]
PERSON
An individual, firm, partnership, corporation or association of persons.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.[1]
TOWNSHIP
The Township of Franklin in the County of Gloucester.
[1]
Editor's Note: The former definitions of "pound" and "shelter," which immediately followed this definition, were repealed 9-23-2008 by Ord. No. O-22-2008.
B. 
Word usage.
(1) 
"And" and "or" may be used interchangeably and either of the two may be applicable, whichever is more conducive toward effectuating this article.
(2) 
Personal pronouns shall mean either the singular or plural, whichever is applicable and conducive toward effectuating this article.
(3) 
The masculine, feminine or the neuter gender shall be implied, whichever is appropriate and conducive toward effectuating this article.
[Amended 12-15-1975 by Ord. No. O-14-75; 3-6-1978 by Ord. No. O-2-78; 1-20-1981 by Ord. No. O-3-81; 11-24-1981 by Ord. No. O-21-81; 2-9-1993 by Ord. No. O-3-93; 12-28-1993 by Ord. No. O-19-93; 11-25-2008 by Ord. No. O-30-2008]
Every person who shall own, possess, keep or harbor a dog of licensing age within the limits of the Township of Franklin shall obtain an annual license for the same and shall have the same registered and numbered with the Township Clerk (or other designated official) and shall pay the fees together with the sum now or hereafter required by the State of New Jersey to be charged for same. The annual licensing fee for a dog license shall be $7 for spayed and neutered dogs and $10 for nonspayed and nonneutered dogs. Said fee shall take effect December 1, 2008.
Any person who harbors or possesses any dog for a period of 15 days or more shall, for the purpose of this article, be deemed to be the owner of the dog or dogs so harbored or possessed.
Dogs used as guides for blind persons and commonly known as "Seeing Eye" 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.
The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for a license and registration tag for such dog within 10 days after such acquisition or age attainment.
[Amended 3-6-1978 by Ord. No. O-2-78; 12-28-1993 by Ord. No. O-19-93]
All applications for dog licenses shall be made to the Township Clerk (or other designated official) of the Township of Franklin, who shall provide a book for the purpose of registering the name of the person or persons owning, keeping, possessing or harboring any dog or dogs, and the name of each dog registered and its number shall be entered therein, and numbers of each application of registration of such dog or dogs shall be in the order in which the applications are made. The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought and whether it is of a long- or short-haired variety and the name, street and post office address of the owner and the person who shall keep or harbor such dog. The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the Township Clerk (or other designated official). In addition, he shall forward similar information to the State Department of Health each month, on forms furnished by said Department.
[Amended 3-6-1978 by Ord. No. O-2-78; 5-8-1990 by Ord. No. O-9-90; 12-28-1993 by Ord. No. O-19-93; 11-25-2008 by Ord. No. O-30-2008]
The owner of every dog shall pay the license fees hereinbefore provided to the Township Clerk or his or her designated representative on or before the 28th day of February in each year; and, upon receipt of said license fee or fees as they may be, the Township Clerk or his or her designated representative shall thereupon issue to each person paying such license fee or fees a license for the keeping of such dog or dogs, which license shall contain the name and address of the owner of such dog or dogs and a short description of the dog, indicating name, breed, sex, age, color and markings and also the number of such license and shall bear the signature of the Township Clerk or his or her designated representative. All such licenses shall expire on the 28th day of February in each year. The Township Clerk or his or her designated representative shall also issue, for each dog licensed, a numbered metal tag, designated as a registration tag, which tag shall be securely attached to a strap or collar worn around the neck of each dog so licensed, and each tag shall have marked thereon the words "Licensed Dog, Township of Franklin, N.J.," with the year for which it is issued. The Township Clerk or his or her designated representative may issue substitute tags upon proof, in writing, from the owner or member of the owner's household above the age of 14 years, sufficient to satisfy the Township Clerk or his or her designated representative of the loss of the original tag. Any owner so obtaining such substitute tag or tags shall pay an additional registration fee of $1 for each and every such substitute tag. The owner of every dog who fails to pay the license fees hereinbefore provided, on or before the 28th day of February, or any approved extension, shall pay, in addition to the annual license fee, a late charge of $7 for each dog license purchased. This late charge shall not be the exclusive penalty, but shall be in addition to any other penalties provided for in this article.
Every person who shall own, keep, possess or harbor any dog or dogs in the Township of Franklin and who shall neglect or refuse to cause such a dog or dogs to be licensed in the manner herein provided, on or after the last day of January in each year, shall be guilty of a violation of this article; provided, however, that any owner of a dog who brings a dog into the Township of Franklin which had been licensed in another state for the current year and which bears a registration tag, who shall keep the same or permit the same to be kept within the Township of Franklin for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog unless the dog is licensed under § 151-11 hereof; and provided further that any person who shall bring or cause to be brought into the Township of Franklin any unlicensed dog and shall keep the same or permit the same to be kept within the Township of Franklin for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog unless the dog is licensed under § 151-11 hereof.
Any dog owner who shall suffer or permit any unlicensed dog to run at large or who shall suffer or permit any dog whether licensed or not to run at large without the tag provided for in § 151-7 of this article, or who shall cause or permit any unlicensed dog to wear such a tag, shall be guilty of a violation of this article.
[Amended 3-6-1978 by Ord. No. O-2-78; 2-9-1993 by Ord. No. O-3-93; 12-28-1993 by Ord. No. O-19-93; 9-23-2008 by Ord. No. O-22-2008]
Any person who keeps or operates or proposes to establish a kennel, a pet shop or an animal shelter shall apply to the Township Clerk or his designated representative for a license entitling him to keep or operate such establishment. The application shall describe the premises where the establishment is located or is proposed to be located, and the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the Board of Health of the Township of Franklin, showing compliance with the local and state rules and regulations governing location of and sanitation of such establishments, as well as approval of the Planning Board and/or Zoning Board of Adjustment. All licenses issued for a kennel, pet shop or animal shelter shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of January of each year and shall be subject to revocation by the Township on recommendations of the State Department of Health or the local Board of Health for failing to comply with the rules and regulations of the State Department or local Board. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments. Such licenses shall not be transferable to another owner or different premises.
[Added 2-9-1993 by Ord. No.O-3-93]
In addition to individual dog licenses, any person who shall own, maintain, keep or harbor more than six but not more than 10 dogs within the limits of Franklin Township shall apply in writing to the Zoning Officer or designated township official for an annual special permit to own, maintain, keep or harbor the same and shall pay an application fee of $25 which shall be paid on or before the 31st day of January each year. The Zoning Officer or designated township official shall make an investigation of the application as per § 151-19, Special permit investigation. Such permit shall not be transferable. Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of the Zoning Officer or designated township official based on or made in the enforcement of this section.
[Amended 9-23-2008 by Ord. No. O-22-2008; 10-14-2014 by Ord. No. O-34-2014]
The annual license fee for a kennel providing accommodations for 10 dogs or fewer shall be $10 per year, and for more than 10 dogs, $25 per year. The annual license fee for a pet shop shall be $10 per year. No fee shall be charged for an animal shelter. A licensee who fails to submit a renewal application by December 31 shall pay, in addition to the annual license fee, a late charge of $50. The late charge shall not be the exclusive penalty, but shall be in addition to any other penalties provided for in this article.
[Amended 9-23-2008 by Ord. No. O-22-2008]
No dog kept in a kennel, pet shop or animal shelter shall be permitted off such premises except on a leash or in a crate or other safe control.
[Amended 12-22-1987 by Ord. No. O-16-87; 9-23-2008 by Ord. No. O-22-2008]
Any dog or dogs not licensed pursuant to the provisions of this article shall be subject to seizure by the duly appointed Animal Control Officer or any other person or corporation appointed for the purpose by the Township Committee and, if not redeemed as hereinafter provided, may be killed by any approved humane method or otherwise disposed of, and any dog who shall not have securely fixed or fastened to its neck a tag issued with the license for such dog shall be deemed unlicensed and subject to seizure. All dogs seized pursuant to the provisions of this section shall be impounded in a place designated by the Township Committee as the animal shelter and shall be there kept until disposed of in accordance with this article.
[Amended 9-4-1968 by Ord. No. O-7-68; 1-15-1973 by Ord. No. 1973-1; 12-22-1987 by Ord. No. O-16-87; 9-23-2008 by Ord. No. O-22-2008]
The Township Committee of the Township of Franklin shall each year appoint or contract with some suitably fit person or contractor, who shall be known as the "Animal Control Officer" and who shall hold office or shall be under contract until January 1 next; thereafter such Animal Control Officer shall be appointed at the annual meeting of the Township Committee on the first day of January of each year following to hold office for the term of one year, or the Township of Franklin shall enter into a contract with such person or contractor as soon after January 1 of each year as practicable. It shall be the duty of such Animal Control Officer or contractor, acting and known as such, in addition to the implied duties hereinabove conferred, to carry out the provisions of this article, and for his services he shall receive as compensation such sum as may be set forth in the Salary Ordinance[1] in the case of appointment, and such sums as may be mutually agreed upon in accordance with the appropriate bidding laws in the event of a contract. In addition to any consideration paid by the Township of Franklin to said Animal Control Officer by virtue of the Salary Ordinance or by contract, the owner of any dog lawfully impounded by the Animal Control Officer shall pay such fees for redemption as are established by the Salary Ordinance or by contract.
[1]
Editor's Note: The Salary Ordinance is on file in the Township offices.
A. 
It shall be unlawful for the owner of any dog, whether licensed or not, to permit said dog to run at large upon the public streets or other public or private property within the Township of Franklin, unless said dog shall be in control of a person by means of a leash or other suitable means to exert control. Nothing herein contained shall restrict an owner of any dog to permit said dog to be off a leash upon premises owned by such owner, provided that the dog is suitably trained to remain upon the owner's premises or the owner's premises are suitably fenced in to restrain the dog from straying from such property of the owner. Should the owner rely upon the dog's training to remain upon his premises and the dog shall nevertheless leave same, then the owner shall be responsible as if he permitted said dog to run at large.
B. 
The Animal Control Officer shall take into custody and impound or cause to be impounded, and thereafter destroyed or disposed of, as hereafter provided:
[Amended 12-22-1987 by Ord. No. O-16-87; 9-23-2008 by Ord. No. O-22-2008]
(1) 
Any dog off the premises of the owner or the person keeping or harboring said dog which said official or his agent or agents find running at large upon the public streets or other public or private property within the Township of Franklin.
(2) 
Any dog within the Township of Franklin without a current registration tag on his collar.
C. 
Any ordinance or provision of any ordinance inconsistent herewith is hereby repealed to the extent of such inconsistency and conflict.
D. 
Any person violating this section of the article shall be subject to the penalties enumerated in § 151-27A of the article of which this section is amendatory.
[Amended 12-22-1987 by Ord. No. O-16-87]
A. 
If any dog so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag or the owner or the person keeping or harboring said dog is known, the Animal Control Officer shall forthwith serve on the person whose address is given on the collar or on the owner or the person keeping or harboring said dog, if known, a notice in writing stating that the dog has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after the service of the notice.
[Amended 9-23-2008 by Ord. No. O-22-2008]
B. 
A notice under this section may be served either by 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.
C. 
When any dog so seized has been detained seven days after notice when notice can be given as above set forth, or has been detained for seven days after seizure when no notice has been given as above set forth, and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention, including maintenance as charged by the Gloucester County Animal Shelter, and if the dog is unlicensed at the time of seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Control Officer may cause the dog to be destroyed in a manner causing as little pain as possible.
[Amended 9-23-2008 by Ord. No. O-22-2008]
[1]
Editor's Note: Original § 18-18, Muzzle required for vicious dogs, was repealed 12-22-1987 by Ord. No. O-16-87. For current provisions dealing with vicious dogs, see Art. IV, Vicious or Potentially Dangerous Dogs, of this chapter.
[Added 2-9-1993 by Ord. No. O-3-93]
A. 
The spirit and intent of this section is that permits be issued only to persons responsible for the control of dogs and if the public interest and welfare of the dogs is not jeopardized. Therefore, the Zoning Officer or designated township official shall make an investigation of the application for a special permit and shall take the following into consideration:
(1) 
Information indicating whether the applicant or any person connected with the application has ever been convicted of any crime or violation of any federal, state or local law.
(2) 
The location of the premises and its character and relationship to the surrounding neighborhood.
(3) 
The lot area, street frontage, lot depth, and other physical characteristics of the premises.
(4) 
The location on the premises where the dogs will be kept, if any.
(5) 
The location of adjacent dwellings and/or other structures.
(6) 
Information indicating whether the issuance of the permit would produce or be likely to produce a condition which may be rendered unsightly in appearance and does not promote the public health, safety, morals and general welfare.
(7) 
Any other information that may be deemed reasonable and necessary in order to carry out the spirit and intent of this article.
B. 
Revocation. The special permit is revocable by the Zoning Officer or designated township official upon conviction of the owner in a court of recognized jurisdiction for cruelty to animals, the dogs constituting a public nuisance or the dogs posing a health hazard. Upon such revocation the owner shall dispose of all dogs covered in such court action within 10 calendar days of the date of revocation or other such time deemed appropriate.
[Amended 9-23-2008 by Ord. No. O-22-2008; 8-26-2014 by Ord. No. O-26-2014]
No person who owns, harbors or possesses any dog or dogs shall suffer or permit such dog or dogs to annoy neighbors and other persons living within his immediate vicinity by barking and howling continuously for two hours or more, and whenever complaint shall be made in writing, under oath, by persons owning property within the Township of Franklin and living within hearing distance of such dog (at least one of which property owners shall not have an interest in the same property as the other or others), setting forth that such barking or howling is continued for unreasonable periods for three or more consecutive days or nights, to the annoyance and discomfort of the complainants and their neighbors and families, so that it can be established that such barking and howling is a nuisance to the immediate neighborhood, then and in such case, said owner shall cause said barking and howling to cease and terminate immediately, and if such barking and howling shall again occur, regardless of its duration, the provisions of this article shall be deemed to have been violated, and the owner shall pay such penalty as may be imposed therefor.
[Amended 3-6-1978 by Ord. No. O-2-78; 12-28-1993 by Ord. No. O-19-93]
The Township Committee of the Township of Franklin shall, promptly after February 1, 1942, and annually thereafter, cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township of Franklin and shall report to the Township Clerk or his designated representative and to the Secretary of the Board of Health of the Township of Franklin and to the State Department of Health the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring said dogs and the number of licensed dogs owned, kept or harbored by each of said persons, together with the registration numbers of each of said dogs, and the number of unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.
License fees and other moneys collected or received under the provisions of this article, except registration tag fees, shall be forwarded to the Treasurer of the Township of Franklin 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, which funds shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this article; for local prevention and control of rabies; and for providing anti-rabic treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies. Any unexpended balance remaining in such 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 such special account, that which is in excess of the total amount paid into said special account during the last two fiscal years next preceding.
[Amended 12-22-1987 by Ord. No. O-16-87; 9-23-2008 by Ord. No. O-22-2008]
Any person who shall in any way hinder or interfere with the Animal Control Officer, police officers or officials, constables, canvassers or any other peace officers in the performance of their duty under the provisions of this article, or who refuses to give information to any person making the canvass herein provided for, or who shall take a dog from the animal shelter except upon redeeming such dog in the manner as provided by this article, or who shall break into or injure such an animal shelter shall be deemed to have violated the provisions of this article.
Any officer or agent authorized or empowered to perform any duty under this article is hereby authorized to go upon any premises to seize for impounding any dog or dogs, except upon the premises of the owner of the dog if said owner is present and forbids the same.
[1]
Editor's Note: Former § 151-26, Compliance with proclamations of Township Committee required, was repealed 9-23-2008 by Ord. No. O-22-2008.
A. 
Any person who shall fail to comply with or who violates or offends against any provisions of this article or any section thereof or with the rules and regulations promulgated of the State Department of Health governing the sanitary conduct and operation of kennels, pet shops and animal shelters, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments, shall be liable to a penalty of at least $100 but not to exceed $1,000, to be recovered by and in the name of the Board of Health of the Township of Franklin or by and in the name of the Township of Franklin; and any person who refuses and neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto, shall be imprisoned in the county jail for a period not exceeding 10 days in the case of a first conviction and, in the case of a conviction for a second, subsequent or continuing violation, for a period not exceeding 30 days, or both such fine and imprisonment.
[Amended 9-23-2008 by Ord. No. O-22-2008]
B. 
Any person who shall violate the provisions of § 151-2 hereof or any other provision of this article shall, upon conviction thereof, be subject to a fine not exceeding $200 or imprisonment not exceeding 90 days, or both. The violation of more than one section of this article shall constitute separate offenses and shall be prosecuted accordingly.
A. 
The Judge of the Municipal Court is empowered upon the filing of a complaint, in writing, by any person believed to be aggrieved by an alleged violation of this article, as well as any person authorized by the local Board of Health, when the plaintiff is a local Board of Health, or by the Department of Health, the Chairman of the Police Committee of the Township of Franklin or the duly designated Animal Control Officer, when the plaintiff is the Township, which complaint may be made upon information and belief, to issue process. The process shall be either in the nature of a summons or warrant which warrant may issue without order of the court first being obtained against the person so charged; which process, when in the nature of a summons, shall be returnable in not less than seven days nor more than 30 days. The process shall state what provision of this article or of any statute pertaining to the subject matter hereof has been violated by the defendant or defendants. The court having jurisdiction may at all times amend all defects and errors in the complaint and process issued hereunder.
[Amended 1-26-1982 by Ord. No. O-2-82; 12-22-1987 by Ord. No. O-16-87; 9-23-2008 by Ord. No. O-22-2008]
B. 
Any officer authorized by law to serve and execute process in the court in which the proceeding is brought hereunder may serve and execute all process in proceedings for violation of any of the provisions of this article or of the laws and statutes relating thereto.
C. 
On the return of process issued pursuant to this section or at any time to which the trial shall be adjourned, the court, without the filing of any pleadings, may proceed to hear the testimony in a summary manner without a jury and give judgment for plaintiff for the penalty and costs or for the defendant, if the facts warrant an acquittal.
D. 
All detentions and commitments made hereunder, shall be pursuant to and in accordance with the provisions of N.J.S.A. 4:19-15.23 and 4:19-15.24,[1] and any judgment rendered for violations of any section hereof shall take the form prescribed in N.J.S.A. 4:19-15.25.[2]
[1]
Editor's Note: N.J.S.A. 4:19-15.24 was repealed by L. 1953, c. 5, p. 44, §§ 51, 52.
[2]
Editor's Note: N.J.S.A. 4:19-15.25 was repealed by L. 1953, c. 5, p. 44, §§ 51, 52.