Township of Carneys Point, NJ
Salem County
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Table of Contents
Table of Contents
[Adopted 2-3-1954 by Ord. No. 96]

§ 81-1 Definitions; word usage.

A. 
Definitions. The words hereinafter defined shall have the meanings herein indicated for the purposes of this article, as follows:
DOG
Any dog, bitch or spayed bitch.
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.
OWNER
When applied to the proprietorship of a dog, includes every person having a right of property in such dog and every person who has such dog in his keeping.
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.
POUND
An establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
B. 
Word usage.
(1) 
The words "and" and "or" may be used interchangeably, and either of the two may be applicable, whichever is more conducive towards the effectuating of this chapter.
(2) 
Personal pronouns shall mean either the singular or the plural, whichever is applicable and conducive towards the effectuating of this chapter.

§ 81-2 License required.

[Amended 12-16-1959 by Ord. No. 137]
No persons shall keep or harbor any dog within the Township of Carneys Point in the County of Salem without first obtaining a license therefor, to be issued by the Dog Registrar upon application by the owner and payment of the prescribed fee, and no person shall keep or harbor any dog in said Township except in compliance with the provisions of this chapter.

§ 81-3 Application for license and tag.

[Amended 12-16-1959 by Ord. No. 137]
Any person who shall own, keep or harbor a dog of licensing age shall, in the month of January of each year, apply for and procure from the Dog Registrar a license and official metal registration tag for each such dog so owned, kept or harbored and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.

§ 81-4 Fees; exceptions.

[Amended 12-16-1959 by Ord. No. 137; 12-30-1970 by Ord. No. 221; 3-22-1972 by Ord. No. 230; 12-10-1975 by Ord. No. 273; 12-23-1980 by Ord. No. 343; 3-22-1995 by Ord. No. 577; 1-7-2004 by Ord. No. 739; 10-15-2008 by Ord. No. 815[1]]
A. 
The total fee for the license required pursuant to § 81-2 of the Carneys Point Township Code shall be $18 for any dog of reproductive age which has had its reproductive capacity permanently altered through sterilization. If a dog of reproductive age shall not have had its reproductive capacity permanently altered through sterilization, the total fee shall be $21. The license fee collected pursuant to this subsection of the Carneys Point Township Code shall be forwarded to the Carneys Point Township Treasurer for disposition in accordance with § 81-10 of the Carneys Point Township Code.
[Amended 10-7-2009 by Ord. No. 837; 12-31-2011 by Ord. No. 866[2]]
[2]
Editor's Note: This ordinance provided that it would apply to fees collected for dog licenses on or after 1-1-2012.
B. 
In addition to the fee to be collected pursuant to Subsection A of this section, a late fee of $15 shall be charged to each person who applies for a license after March 31. Said fee shall be forwarded to the Carneys Point Township Treasurer and shall be deposited in the General Fund of the Township.
C. 
Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs as hereinabove provided, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
[1]
Editor's Note: This ordinance provided that the fees contained herein shall not be effective until 1-1-2009.

§ 81-5 Time period for licensing for dogs which have attained licensing age.

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.

§ 81-6 Contents of application.

[Amended 12-16-1959 by Ord. No. 137]
The application shall state the breed, sex, age, color and marking of the dog for which the license and registration are sought and whether it is of a long- or short-haired variety; also 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 Dog Registrar. In addition he shall forward similar information to the State Department of Health each month, on forms furnished by said Department. Registration numbers shall be issued in the order of the application.

§ 81-7 Licensing of dogs brought into Township.

A. 
Any person who shall bring or cause to be brought into the Township of Carneys Point in the County of Salem any dog licensed in another state for the current year and bearing a registration tag and who shall keep the same or permit the same to be kept within the Township for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog, unless such dog be licensed under § 81-9 of this chapter.
B. 
Any person who shall bring or cause to be brought into the Township any unlicensed dog and who 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 for each such dog, unless such dog is licensed under § 81-9 of this chapter.

§ 81-8 Removal or attachment of registration tag.

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.

§ 81-9 Kennels, pet shops, shelters and pounds.

A. 
Licenses.
(1) 
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Dog Registrar for a license entitling him to keep or operate such establishment. The Dog Registrar shall transmit the information required under this section of the Carneys Point Township Code to the Carneys Point Township Committee. The Township Committee, once it has ascertained that the applicant is in compliance with all local and state rules and regulations governing said kennel, pet shop, shelter or pound, shall issue a license to the person who has applied therefor. The Township Committee shall not issue more than three licenses (total) for a kennel, pet shop, shelter or pound in any one year.
[Amended 12-16-1959 by Ord. No. 137; 5-14-1986 by Ord. No. 406]
(2) 
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 Health Officer of the Board of Health of the Township, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
(3) 
All licenses issued for a kennel, pet shop, shelter or pound 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 be subject to revocation by the Township Committee on recommendation of the State Department of Health or the Board of Health of the Township for failure to comply with the rules and regulations of the State Department or Board of Health of the Township governing the same after the owner has been afforded a hearing by either the State Department or the Board of Health of the Township.
(4) 
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.
B. 
The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $10 and for more than 10 dogs, $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound.
C. 
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on a leash or in a crate or other safe control.

§ 81-10 Disposition of moneys.

[Amended 12-16-1959 by Ord. No. 137; 3-22-1972 by Ord. No. 230; 3-22-1995 by Ord. No. 577]
A. 
License fees and other moneys collected or received under the provisions of this chapter, except registration tag fees, shall be forwarded to the Treasurer of the Township 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 shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this chapter, for local prevention and control of rabies, for providing antirabic treatment under the direction of the local Board of Health, for any person known or suspected to have been exposed to rabies, for all other purposes prescribed by the statutes of New Jersey governing the subject and for administering the provisions of this chapter. 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 to the general funds of the Township any amount then in such account which is in excess of the total amount paid into said special account during the last two fiscal years next preceding.
B. 
The registration tag fee of $1 for each dog shall be forwarded to the New Jersey Department of Health within 30 days after collection of same by the Dog Registrar.
C. 
The Pilot Clinic Fund fee of $0.20 for each dog shall be forwarded to the New Jersey Department of Health within 30 days of collection of same by the Dog Registrar.
D. 
The additional fee of $3 paid for the licensing and registration of a dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization shall be forwarded to the State Treasurer for deposit in the Animal Population Control Fund. Said remittance to the State Treasurer shall be made within 30 days of the collection of same by the Dog Registrar.

§ 81-11 List of kennels, pet shops, shelters and pounds to be forwarded to State Department of Health.

[Amended 12-16-1959 by Ord. No. 137]
The Dog Registrar 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 therefor are issued, which list shall include the name and addresses of the licensee and the kind of license issued.

§ 81-12 Canvassing of dogs.

[Amended 12-16-1959 by Ord. No. 137]
The dog warden of the Township shall promptly after February 1 of each year cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township and shall report to the Dog Registrar, the Board of Health of the Township and to the State Department of Health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs, the number of licensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.

§ 81-13 Appointment of dog warden.

The Township Committee shall have the power to appoint a dog warden, whose duty it shall be to enforce the provisions of this chapter and to impound unlicensed dogs running at large in violation of the provisions of this chapter.

§ 81-14 Impoundment.

A. 
The dog warden of the Township shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or disposed of as provided in this section:
(1) 
Any dog off the premises of the owner or of the person keeping or harboring said dog, which said official or his agent or agents have reason to believe is a stray dog.
(2) 
Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on his collar.
(3) 
Any female dog in season off the premises of the owner or the person keeping or harboring said dog.
B. 
If a 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 dog warden 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 seizure. When any dog so seized has been detained for seven days after notice, when notice can be given as above set forth, or has been detained for seven days after seizure when notice has not been and cannot be 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 not exceeding $1 per day, and if the dog is unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the dog warden may cause the dog to be destroyed in a manner causing as little pain as possible.
[Amended 3-22-1972 by Ord. No. 230]

§ 81-15 Right of entry.

Any officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any dog or dogs, which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if said owner is present and forbids the same.

§ 81-16 Interference with authorized person prohibited.

No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.[1]
[1]
Editor's Note: Original Sections 19, 20, 21, 22, 24 and 25 of Ord. No. 96, concerning conduct of dogs and violations and penalties, which immediately followed this section, as amended, were repealed 4-14-1976 by Ord. No. 275.

§ 81-17 Violations of §§ 81-1 through 81-16 and penalties.

[Added 4-14-1976 by Ord. No. 275]
Any person who violates or refuses to comply with any part of the foregoing sections of this chapter or the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, 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 not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the Township. A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto shall be committed by the court to the County jail for a period not exceeding 10 days in the case of a first conviction and for a period not exceeding 30 days for a second or subsequent conviction.

§ 81-18 Dogs at large.

[Added 4-14-1976 by Ord. No. 275]
No owner or keeper of any dog shall allow, permit or suffer any dog to be or roam upon another's lands, whether public or private, without first obtaining the owner's consent. Dogs, when off the property of their owner or keeper, shall at all time be under leash and within the actual physical control of such owner or keeper and not merely within such person's call. Nothing in this section shall be construed to limit or prohibit the normal use of hunting dogs in appropriate areas during the open hunting season.

§ 81-19 Property damage.

[Added 4-14-1976 by Ord. No. 275]
No owner or keeper of any dog shall allow, permit or suffer such dog to injure or damage the property of another, whether publicly or privately owned, other than the property of the person owning, harboring, keeping or having charge of such dog.

§ 81-20 Other animals.

[Added 4-14-1976 by Ord. No. 275]
No owner or keeper of any dog shall allow, permit or suffer such dog to worry, wound or kill the animals, livestock or poultry of any person other than the person owning, harboring, keeping or having charge of such dog.

§ 81-21 Determination of vicious dogs.

[Added 4-14-1976 by Ord. No. 275]
Any dog which has attacked or bitten any human being or which habitually attacks other animals, livestock or poultry is hereby defined to be a "vicious dog."

§ 81-22 Complaints.

[Added 4-14-1976 by Ord. No. 275]
Complaints against dogs shall be received and investigated by the dog warden or the Police Department. Upon such investigation, if a dog is determined to be a vicious dog, as herein defined, or if it is determined that the dog has committed any of the acts specified in § 81-19 or 81-20, a complaint shall forthwith be signed causing the owner or person harboring such dog to appear before the Municipal Court and to answer such complaint as may be placed against him.

§ 81-23 Hearing.

[Added 4-14-1976 by Ord. No. 275; amended 5-20-1985 by Ord. No. 393]
At the time set for such hearing, the Judge shall inquire into the facts and give all interested persons an opportunity to be heard under oath and to be represented by counsel. The Judge shall make his decision in accordance with the evidence before him, and if he decides that such dog is a vicious dog as hereinbefore defined or that the dog has committed any of the acts specified in § 81-19 or 81-20 herein, he shall notify the owner or the person harboring such dog of his decision.

§ 81-24 Vicious dogs to be muzzled.

[Added 4-14-1976 by Ord. No. 275; amended 5-20-1985 by Ord. No. 393]
No dog which has been so determined by the Judge to be a vicious dog shall be allowed, permitted or suffered to be off the premises of the owner or keeper except while securely muzzled and under leash. No dog which has been so determined by the Judge to have committed any of the acts specified in § 81-19 or 81-20 herein shall be allowed, permitted or suffered to be off the premises of the owner or keeper, except while under leash. Any owner or keeper of a vicious dog or one that committed any of the acts specified in § 81-19 or 81-20 herein, who allows, permits or suffers his dog to be off his premises except in the manner provided for herein shall be guilty of a violation of this chapter.

§ 81-25 Proof of lack of control.

[Added 4-14-1976 by Ord. No. 275]
Proof of any dog having committed any of the acts specified in § 81-19, 81-20 or 81-21 shall be prima facie evidence that such dog was not, at the time of the commission of any of such acts, within the physical control of the owner or keeper of such dog.

§ 81-26 Violations of §§ 81-18 through 81-25 and penalties.

[Added 4-14-1976 by Ord. No. 275]
Any person who violates any of the provisions of §§ 81-18 through 81-25 hereof shall, upon conviction by the Municipal Court of such violation, be subject to a fine not to exceed $25 for the first offense and not to exceed $100 for any subsequent offense or shall be subject to imprisonment in the County jail for a term not to exceed 15 days for the first offense and not to exceed 60 days for any subsequent offense, or both, in the discretion of the court in which such person is convicted.

§ 81-27 Barking dogs prohibited.

[Added 4-14-1976 by Ord. No. 275; amended 5-10-1995 by Ord. No. 578]
A. 
Definition.
NEIGHBOR
Any person who resides at a property located within 100 feet of the perimeter of the property whereon the offending dog is harbored or kept.
B. 
Prohibition. A person who owns, keeps, harbors or possesses a dog or dogs shall not suffer, permit or allow such dog or dogs to annoy or disturb a neighbor by continued or frequently interrupted barking or howling. Any person who violates the provisions of this section shall be subject to the penalty hereinafter provided.
C. 
Presumption. For the purposes of this section, it shall be proper for the Court to presume that the continued or frequent barking or howling during a period of one hour or more is annoying or disturbing sufficient to sustain a conviction hereunder. In addition to the presumption established herein, the Court may use any other reasonable means of determining if this section has been violated.
D. 
Complainant. A complaint pursuant to this section may be brought by a neighbor, a police officer or a person entrusted with the enforcement of animal control within Carneys Point Township.
E. 
Defense. It is a defense to the complaint that the complainant provoked the dog and thus caused the barking or howling which is the subject of the complaint.

§ 81-28 Violations of § 81-27 and penalties.

[Added 4-1476 by Ord. No. 275; amended 5-10-1995 by Ord. No. 578]
Any person who shall violate the provisions of Chapter 81, § 81-27 hereof, shall, upon conviction in the Municipal Court, be subject to a fine not to exceed $100 for the first offense and not to exceed $200 for any subsequent offense or imprisonment in the County jail not to exceed five days for the first offense and not to exceed 10 days for any subsequent offense, or both, in the discretion of the Court.