[Adopted 2-3-1954 by Ord. No. 96]
A.
DOG
DOG OF LICENSING AGE
KENNEL
OWNER
PERSON
PET SHOP
POUND
SHELTER
Definitions. The words hereinafter defined shall have
the meanings herein indicated for the purposes of this article, as
follows:
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
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.
An individual, firm, partnership, corporation or association
of persons.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
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.
[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.
[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.
[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.
[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.
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 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.
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.
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.
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 kennels, pet shops, shelters or pounds shall
state the purpose for which the establishment is maintained, and all
such licenses shall expire on the last day of June 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 local Board of Health.
[Amended 6-21-2017 by Ord. No. 924]
(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.
[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.
[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.
[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.
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.
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]
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.
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.
[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.
[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.
[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.
[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.
[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."
[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.
[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.
[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.
[Added 4-14-1976 by Ord. No. 275]
[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.
[Added 4-14-1976 by Ord. No. 275; amended 5-10-1995 by Ord. No.
578]
A.
NEIGHBOR
Definition.
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.
[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.
[Added 4-5-2023 by Ord. No. 1017]
A.
Notwithstanding the provisions of this article of this chapter, licensed
dogs are permitted to run at large within the dog run off-leash area
of Sarah's Heart Dog Park located in the Township of Carneys
Point.
B.
A person having possession, custody, control and/or ownership of
such dog(s) shall at all times be present in the immediate area of
the dog run off-leash area when such dog(s) is running at large in
Sarah's Heart Dog Park.
C.
The Township Council is hereby authorized to promulgate rules and
regulations for the conduct of dogs and dog owners at Sarah's
Heart Dog Park at Carneys Point. The rules and regulations may be
amended from time to time, as necessary, upon approval by Council
on motion. The initial rules and regulations adopted simultaneously
with this section are annexed herewith as Exhibit A,[1] and a copy of the current rules and regulations shall
be posted and kept on file with the Township Administrator.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.
With the exception of the waiver of the leash requirement, persons
using the dog park shall be responsible for compliance with all ordinances
of the Township of Carneys Point, must maintain control of their dogs(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 are not
permitted to run inside the dog park, nor are owners of dogs permitted
to participate in play among dogs. Owners of dogs of an aggressive
nature are not permitted to use the facilities at Sarah's Heart
Dog Park at Carneys Point Township.
