Statute in Full:
Hamilton Township New Jersey
Southbrunswick New Jersey
Hamilton Township New Jersey
Code of Ordinances of Township of Hamilton New Jersey
Chapter 22 ANIMALS*
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*Cross references: Nuisances, ch. 94; disinterment of animal remains, § 94-4.
State law references: Municipal requirement to appoint animal control officer, N.J.S.A. 4:19-15.16b; municipal authority to appoint poundkeepers, N.J.S.A. 40A:9-154.
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Article I. In General
Sec. 22-1. Structures for keeping animals.
Sec. 22-2. Removal of animal waste.
Sec. 22-3. Authority to order quarantine of dogs and cats.
Secs. 22-4--22-30. Reserved.
Article II. Dogs
Sec. 22-31. Definitions.
Sec. 22-32. License.
Sec. 22-33. Pet shops, kennels, shelters and pounds.
Sec. 22-34. Disposition of fees.
Sec. 22-35. Annual dog canvass.
Sec. 22-36. Impounding or destruction of certain dogs.
Sec. 22-37. Miscellaneous regulations.
Sec. 22-38. Exemption for veterinary treatment centers.
Sec. 22-39. Dog bites.
Secs. 22-40--22-60. Reserved.
Article III. Cats
Sec. 22-61. Certain cats deemed public nuisance.
Sec. 22-62. Responsibility of owner.
Sec. 22-63. Seizure of nuisance animals; notice to owner.
Sec. 22-64. Fee for redemption or adoption from township shelter.
Sec. 22-65. Disposal of unclaimed impounded cats.
ARTICLE I. IN GENERAL
Sec. 22-1. Structures for keeping animals.
No person shall erect, construct or maintain within the township any shed, coop, runway or pen, for horses, cattle, swine, sheep, goats, rabbits, poultry or pigeons, which is nearer than 100 feet to any door or window of a dwelling, nor shall any shed, coop, runway or pen be kept in an unclean or otherwise unsanitary condition.
(Code 1979, § 15-17)
Cross references: Land development, ch. 160.
Sec. 22-2. Removal of animal waste.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Cat means any cat, male or female, whether spayed or not.
Dog means any dog, bitch or spayed bitch.
Other animals means any other domesticated animal or household pet, including horses.
(b) Creation of nuisance on public property or property of another. No person owning, harboring, keeping or in charge of any dog, cat or other animal shall cause, suffer or allow such dog, cat or other animal to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area or park, or any other place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner of the property.
(c) Removal of waste required.
(1) Any person owning, harboring, keeping or in charge of any dog, cat or other animal which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area or park, or any other place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner of the property, shall immediately remove all feces deposited by such dog, cat or other animal by any sanitary method.
(2) The feces removed from the area designated in this subsection shall be disposed of by the person owning, harboring, keeping or in charge of any such dog, cat or other animal, in accordance with the provisions of this section, in a sanitary manner.
(d) Exemption. The provisions of this section shall not apply to blind persons who may use dogs as guides.
(Code 1979, §§ 15-18--15-21)
Sec. 22-3. Authority to order quarantine of dogs and cats.
The division of health may by proclamation require all dogs and cats to be quarantined during such period in each year as may seem advisable to the division of health.
(Code 1979, § 15-11)
Secs. 22-4--22-30. Reserved.
ARTICLE II. DOGS*
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*State law references: Municipal authority to regulate dogs running at large, N.J.S.A. 40:48-1(11).
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Sec. 22-31. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dog means any dog, bitch or spayed bitch.
Dog of licensing age means any dog which has attained the age of seven months or which possesses a set of permanent teeth.
Keeper means any person exercising control over a dog or permitting a dog to remain on premises under his control.
Kennel means 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.
Pet shop means any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
Potentially dangerous dog means any dog declared potentially dangerous pursuant to the criteria set forth in N.J.S.A. 4:19-23, Finding to declare dog potentially dangerous, as same may be amended.
Pound means an establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
Shelter means any establishment where dogs are received, housed and distributed without charge.
Vicious dog means any dog declared vicious pursuant to the criteria set forth in N.J.S.A. 4:19-22, Finding to declare dog vicious; grounds, as same may be amended.
(Code 1979, § 15-1; Ord. No. 04-047, 11-8-04)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 22-32. License.
(a) 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 January 1 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 ten 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 ten days.
(5) Any dog licensed by another state which is brought into the township by any person and kept within the township for more than 90 days.
(6) Any potentially dangerous dog.
(b) Application.
(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 and markings and whether such dog is of a long- or short-haired variety.
b. The name, street and post office address of the owner of and the person who shall keep or harbor such dog.
(2) Registration numbers shall be issued in the order in which applications are received.
(3) Applications for licenses for dogs which are required to be licensed by the provisions of subsection (a)(1) of this section shall be made to the health officer before February 1 of each calendar year. In all other cases, the application for a license shall be made within ten days of the day upon which the dog in question first becomes subject to the provisions of this section. Each application for a license shall be accompanied by evidence that the dog to be licensed and registered has been inoculated against rabies in accordance with N.J.S.A. 4:19-15.2a.
(c) Record of licenses. 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 health officer. In addition, he shall forward similar information to the state department of health each month on forms furnished by the department.
(d) Fee.
(1) The person applying for a license shall pay a fee of $7.00 for each dog. He shall also pay $1.00 for the registration tag for each dog. The same fees shall be charged for the annual renewal of each license and registration tag.
(2) There shall be an additional fee of $3.00 payable annually for each dog which has not had its reproductive system surgically altered.
(e) Expiration. Each dog license and registration tag shall expire on January 31 of the calendar year following the calendar year in which it was issued.
(f) Exceptions. The provisions of this section shall not apply to any dog licensed under section 22-33. Dogs used as guides for blind persons and commonly known as Seeing Eye 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.
(g) Penalty. For each violation of this section there shall be a fine of $10.00, plus $2.00 per month from the date a license is required.
(h) Potentially dangerous dog license.
(1) In addition to the obligations set forth in this chapter, in the event the municipal court has declared that a dog is a potentially dangerous dog, the owner of said animal shall be responsible for complying with all requirements and conditions imposed by the municipal court, including those set forth in N.J.S.A. 4:19-24, Order and schedule for compliance with potentially dangerous dog; conditions, as same may be amended.
(2) The fee for a potentially dangerous dog license shall be $700.00.
(Code 1979, § 15-2; Ord. No. 04-047, 11-8-04)
State law references: Owners to procure license and tag, N.J.S.A. 4:19-15.2.
Sec. 22-33. Pet shops, kennels, shelters and pounds.
(a) License required; transfer of license. Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the health officer for a license entitling him to keep or operate such establishment. 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) Application for license. 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 the establishment is to be maintained.
(4) The maximum number of dogs to be accommodated by such establishment at any one time.
(c) Approval by division of health. No license shall be issued until the proposed licensee submits a written statement from the health officer of the division of health that the establishment or proposed establishment complies with local and state rules governing the location of and sanitation at such establishment.
(d) Contents of license; expiration of license. 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 June 30 of each year.
(e) License fee. The annual license fees for kennel and pet shop licenses shall be as follows:
(1) Kennel: $25.00.
(2) Pet shop: $25.00.
(3) Shelter or pound: No fee.
(f) Revocation; compliance with applicable regulations.
(1) All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the township council on recommendation of the state department of health or the division of health for failure to comply with the rules and regulations of the state department of health or the division of health, after the owner has been afforded a hearing by either the state department of health or the division 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 therein and the prevention of the spread of rabies and other diseases of dogs within and from such establishments.
(g) Reports 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 therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
(h) Control of dogs off premises. No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises except on leash or in a crate or other safe control.
(Code 1979, § 15-3; Ord. No. 98-014, 4-24-98)
Cross references: Licenses and permits, ch. 82.
State law references: License required for kennels, pet shops, shelters and pounds, N.J.S.A. 4:19-15.8; authority to regulate pounds, N.J.S.A. 40:48-1(11).
Sec. 22-34. Disposition of fees.
(a) License fees and other moneys collected or received under the provisions of this article, except the 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 antirabies treatment under the direction of the local division of health for any person known or suspected to have been exposed to rabies; all other purposes prescribed by the statutes of the state governing the subject; and administering the provisions of this article. 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 the special account during the last two fiscal years next preceding.
(b) The registration tag fee of $1.00 for each dog shall be forwarded within 30 days after collection by the health officer to the state department of health.
(Code 1979, § 15-4)
Sec. 22-35. Annual dog canvass.
The township division of health shall annually, before September 1, cause a canvass to be made of all dogs owned, kept or harbored within the limits of the township and shall report to the state department of health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring dogs and the number of licensed dogs owned, kept or harbored by each person, together with the registration number of each dog; and the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.
(Code 1979, § 15-5)
State law references: Annual dog canvass, N.J.S.A. 4:19-15.15.
Sec. 22-36. Impounding or destruction of certain dogs.
(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 dog running at large in violation of the provisions of this article.
(2) Any dog off the premises of the owner or of the person keeping or harboring such 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, provided that such dogs may also be seized by any police officer, and provided further that, if such dogs cannot be seized with safety, they may be killed.
(b) Access to premises. 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 which he may lawfully seize and impound when such officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog if the owner is present and forbids such entry.
(c) Notice of seizure.
(1) If any dog so impounded or seized wears a registration tag, collar or harness having inscribed thereon or attached thereto the name and address of any person, or if the owner of or the person keeping or harboring the dog is known, the animal control officer shall immediately serve on the person whose address is given on the collar, or on the person owning, keeping or harboring the dog, 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 service of the notice.
(2) A notice under this subsection 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, or by forwarding it by mail in a prepaid letter addressed to that person at his usual or last known place of abode or to the address given on the collar.
(d) Disposition of unclaimed dogs. The animal control officer is authorized and empowered to cause the destruction of any unclaimed dog, in as humane a manner as possible, under any of the following contingencies:
(1) When any dog so seized has not been claimed by the person owning, keeping or harboring such dog within seven days after notice or within seven days of the dog's detention when notice has not been or cannot be given, as set forth in the subsection (c) of this section.
(2) If the person owning and keeping or harboring any dog so seized has not claimed the dog and has not paid all expenses incurred by reason of its detention, including maintenance, not to exceed a pickup charge of $10.00, plus $4.00 per day.
(3) If the seized dog is unlicensed at the time of its seizure and the person owning, keeping or harboring such dog has not produced a license and registration tag as provided in this article.
(e) Destruction at request of owner. The animal control officer is authorized and empowered to cause the destruction of any animal, in as humane a manner as possible and in accordance with state law, where the owner has delivered the animal to the officer for destruction. The fee for the destruction of the animal is $100.00.
(f) Redemption fee. Any dog may be claimed by its owner during the seven-day custodial period upon the payment to the animal control officer of a pickup fee of $10.00, and $4.00 for each day or fraction thereof that the dog has been in custody. The fee or any portion thereof may be waived by the director of the department of health and recreation based upon a finding of genuine hardship.
(Code 1979, § 15-7; Ord. No. 99-015, 4-22-99)
Sec. 22-37. Miscellaneous regulations.
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:
(1) Dogs to wear collar and tag; removal or unlawful use of registration tag.
a. All dogs for which licenses are required by the provisions of this article shall wear a collar or harness with the registration tag for such dog securely fastened thereto.
b. 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.
(2) Interference with officials. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
(3) Noisy dogs. No person shall own, keep, harbor or maintain any dog which habitually barks or cries between the hours of 10:00 p.m. and 6:00 a.m.
(4) 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 within the township.
(5) Leashing. 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 of the township unless such dog is accompanied by a person over the age of 12 years of age and is securely confined and controlled by an adequate leash not more than six feet long.
(6) 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.
(7) Dogs trained to attack prohibited. No person, with the exception of duly appointed public officials or employees acting in their official capacity, shall keep, harbor or have custody or possession of any dog which has been or shall be intentionally trained to attack, injure, maim or kill any human being or domestic pet, either voluntarily or upon command.
(8) Adoption from township shelter. There will be an initial fee of $25.00 to be paid to the township for each dog adopted from the township animal control shelter. The fee will be $5.00 when documentation of prior spaying or neutering exists. The fee or any portion thereof may be waived by the director of the department of health and recreation based upon a finding of genuine hardship.
a. The owner of any dog must have the dog spayed or neutered within 60 days of adoption, and verification must be presented to the animal control officer at the time. The 60 days begins for puppies at the age of six months.
b. When the dog owner presents verification that his dog has been spayed or neutered or the dog is returned within 60 days due to allergies, temperament or housing difficulties, the owner will be refunded $20.00 from the initial $25.00 by the township. Proof of license must also be presented.
c. Any dog may be exempted from the requirements of such vaccination for a specified period of time by the health officer, upon presentation of a veterinarian's certificate stating that, because of an infirmity or other physical condition or regimen of therapy, the inoculation of such dog shall be inadvisable. The requirements also do not apply to dogs held in a kennel or those held by a state-licensed or federally licensed research facility or a veterinary establishment where dogs are received or kept for diagnostic, medical, surgical or other treatments, or licensed animal shelters, pounds, kennels or pet shops.
(9) Exemptions from adoption fee. The township division of police and other law enforcement agencies and organizations which obtain dogs from the township shelter for the purposes of training as Seeing Eye dogs are exempt from the adoption fees provided in this section.
(10) Animal trap fee. The fee for utilization of an animal trap provided by the Hamilton Township Animal Shelter shall be a deposit of $35.00.
(Code 1979, § 15-8; Ord. No. 99-015, 4-22-99)
Sec. 22-38. Exemption for veterinary treatment centers.
No provision of this article shall be construed to apply to any establishment wherein or whereon dogs are received or kept for diagnostic, medical, surgical or other treatments, owned by and operated under the immediate supervision of a graduate veterinarian licensed in the state.
(Code 1979, § 15-9)
Sec. 22-39. Dog bites.
Where it has been determined by a physician that a person has been bitten by a dog, such 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, the owner or keeper of the dog must comply with the following procedures:
(1) Have the dog examined by a licensed veterinarian within 12 hours.
(2) Have the dog kept in quarantine in the owner's home or at a kennel for a period of ten days.
(3) At the end of ten days have the dog reexamined by a veterinarian and a written report of the dog's state of health sent to the division of health.
(Code 1979, § 15-10)
Secs. 22-40--22-60. Reserved.
ARTICLE III. CATS
Sec. 22-61. Certain cats deemed public nuisance.
A cat shall be considered a public nuisance if it has no known owner or if it has no known place of care or shelter or if it habitually trespasses upon or damages either private or public property or annoys or harms lawful users or occupants thereof.
(Code 1979, § 15-12)
Sec. 22-62. Responsibility of owner.
Any person who owns, keeps, feeds or harbors any cat at any place within the township or who permits any cat to enter the limits of the township shall exercise sufficient and proper care and control over such animal at all times so as to prevent the cat from becoming a public nuisance.
(Code 1979, § 15-13)
Sec. 22-63. Seizure of nuisance animals; notice to owner.
(a) The person designated by the superintendent of the division of health to enforce the provisions of this article shall, upon receipt of a complaint that a cat is a public nuisance, seize the cat or trap it in a humane-type trap for trapping cats alive and keep it in his care and custody for a period of five days from the date of apprehension.
(b) If any cat so apprehended bears any identification of ownership, the enforcement officer shall, on the day of apprehension, notify the owner that the animal has been apprehended and that it may be claimed at a designated location subject to the provisions of this article.
(Code 1979, § 15-14)
Sec. 22-64. Fee for redemption or adoption from township shelter.
(a) Redemption. Any cat that has been seized pursuant to this article may be claimed by its owner during the seven-day custodial period upon the payment to the animal control officer of a pickup fee of $10.00 and $4.00 for each day or fraction thereof that the cat has been in custody. The fee or any portion thereof may be waived by the director of the department of health and recreation based upon a finding of genuine hardship.
(b) Adoption from township shelter. There will be an initial fee of $25.00 to be paid to the township for each cat adopted from the township animal control shelter. The fee will be $5.00 when documentation of prior spaying or neutering exists. The fee or any portion thereof may be waived by the director of the department of health and recreation based upon a finding of genuine hardship.
(1) The owner of the cat must have the cat spayed or neutered within 60 days of adoption, and verification must be presented to the animal control officer at that time. The 60 days begins for kittens at the age of six months.
(2) The owner of the cat over six months of age must have the cat vaccinated against rabies within ten days of adoption by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization published by the National Veterinarians.
(3) When the cat owner presents verification that his cat has been spayed or neutered and has been inoculated against rabies or the cat is returned within 60 days due to allergies, temperament or housing difficulties, the owner will be refunded $20.00 from the initial $25.00 by the township.
(4) Any cat may be exempted from the requirements of such vaccination for a specified period of time by the health officer, upon presentation of a veterinarian's certificate stating that, because of an infirmity or other physical condition or regimen of therapy, the inoculation of such cat shall be inadvisable. The requirements also do not apply to cats held in a cattery or those held by a state-licensed or federally licensed research facility or a veterinary establishment where cats are received or kept for diagnostic, medical, surgical or other treatments, or licensed animal shelters, pounds, kennels or pet shops.
(c) Animal trap fee. The fee for utilization of an animal trap provided by the Hamilton Township Animal Shelter shall be a deposit of $35.00.
(Code 1979, § 15-15; Ord. No. 99-015, 4-22-99)
Sec. 22-65. Disposal of unclaimed impounded cats.
Any cat which has been seized pursuant to this article and which has not been reclaimed during the custodial period may be disposed of in a humane manner approved by the state board of health.
(Code 1979, § 15-16)
Southbrunswick New Jersey
Southbrunswick Township Code Township of Southbrunswick, New Jersey
2004
Chapter 14 ANIMALS*
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*Cross references: Environment, ch. 42; health and sanitation, ch. 54.
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Article I. General
Sec. 14-1. Definitions.
Sec. 14-2. Noise.
Sec. 14-3. Running at large.
Sec. 14-4. Violations and penalties.
Sec. 14-5. Enforcement.
Secs. 14-6--14-40. Reserved.
Article II. Dogs
Sec. 14-41. Licensing procedure.
Sec. 14-42. Kennels, pet shops, shelters and pounds.
Sec. 14-43. Disposition of fees.
Sec. 14-44. Dog census.
Sec. 14-45. Impoundment and destruction.
Sec. 14-46. Vicious and potentially dangerous dogs.
Sec. 14-47. General regulations.
Sec. 14-48. Rabies vaccination.
Sec. 14-49. Removal of feces from public and private places.
Sec. 14-50. Dog bites.
Sec. 14-51. Violations and penalties.
Secs. 14-52--14-85. Reserved.
Article III. Cats
Sec. 14-86. Rabies vaccination and license required.
Sec. 14-87. Licensing requirements.
Sec. 14-88. Violations and penalties.
Sec. 14-89. Repeal.
ARTICLE I. GENERAL
Sec. 14-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal control authority means any person or agency designated or certified by the state to enforce this chapter.
Animal control officer means the person employed as a certified animal control officer as provided in N.J.S.A. 4:19-15.1 et seq.
Cat means any member of the domestic feline species, male, female or altered.
Cat of licensing age means any cat which has attained the age of seven months or which possesses a set of permanent teeth.
Cattery means any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed, or premises wherein four or more cats are temporarily housed while recovering from injury or being held for adoption.
Dog means any dog, bitch or spayed bitch.
Dog of licensing age means any dog which has attained the age of seven months or which possesses a set of permanent teeth.
Kennel means any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
Licensing authority means the agency or department of the township or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under this chapter.
Neutered means rendered permanently incapable of reproduction, as certified by a licensed veterinarian.
Owner, when applied to 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. When applied to the proprietorship of a cat, the term "owner" includes every person having a right of property or custody in such cat and every person who has such cat in his keeping or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person.
Person means any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
Pet shop means any place of business which is not part of a kennel, wherein animals, including but not limited to dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.
Potentially dangerous dog means any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to section 14-46.
Pound means an establishment for the confinement of dogs seized under this chapter.
Running at large includes the running or standing of any dog on any street, road or other public place or on any private property in the township where permission for the dog has not been granted, which dog is unattended and not under the immediate control of some responsible person able to control the dog.
Shelter means any establishment where dogs are received, housed and distributed.
Vicious dog means any dog declared vicious by the municipal court pursuant to section 14-46.
(Code 1988, §§ 141-1, 141-16; Ord. No. 20-95, § 1, 5-2-1995)
Cross references: Definitions generally, § 1-2.
Sec. 14-2. Noise.
No person owning, occupying or having in charge any stable, house or other premises shall keep or have or allow thereon any cattle, calf, chicken or horse or other animal which shall by noise disturb the quiet or repose of anyone in the vicinity.
(Code 1988, § 141-13)
Sec. 14-3. Running at large.
No person shall allow any cattle, horses, swine or chickens or any other animals, except carrier pigeons, cats and dogs, to run at large in the township, but such fowl or animals shall be confined in a suitable house or coop with an enclosed runway. No part of such coop, house or runway shall be less than ten feet from neighboring property lines and 35 feet from any building occupied by human beings, whether for dwelling or business purposes.
(Code 1988, § 141-14)
Sec. 14-4. Violations and penalties.
(a) Maximum penalty. For violation of any section of this chapter, the maximum penalty, upon conviction, shall be as provided in section 1-13.
(b) Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
(Code 1988, § 141-15(A), (C))
Sec. 14-5. Enforcement.
(a) The township manager shall appoint an animal control officer who is certified in accordance with N.J.S.A. 4:19-15.16a. It shall be the duty of the animal control officer to enforce this chapter.
(b) The health officer, all sanitarians and all police officers shall have full power and authority to issue summonses and otherwise act to enforce this chapter.
(Code 1988, § 141-11)
Secs. 14-6--14-40. Reserved.
ARTICLE II. DOGS
Sec. 14-41. Licensing procedure.
(a) License required. No person shall own, keep or harbor any dog within the township except in compliance with the provisions of this article and unless he first obtains a license and official registration tag therefor issued by the health department, upon application by the owner and payment of the prescribed fee. All licenses shall be issued by the township clerk.
(b) Application for license. The application for the license shall consist of the following:
(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 and markings and whether such dog is of a long- or short-haired variety.
b. Name, street and post office address of the owner or keeper of such dog.
c. Evidence of rabies vaccination in accordance with section 14-48.
(2) Registration numbers shall be issued in the order in which applications are received.
(c) 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 health department. In addition, it shall forward similar information to the state department of health each month on forms furnished by the department. The township clerk shall preserve all applications and shall, additionally, forward to the state department of health each month, on forms furnished by such department, an accurate account of registration numbers issued or otherwise disposed of.
(d) Annual license; tag; collar or harness. Any person who shall own, keep or harbor a dog of licensing age in the township shall, in the month of January in each year, apply for and procure from the health department a license and official 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. The applications shall be made to the township clerk.
(e) Fees; expiration of license. The person applying for the license shall pay to the clerk or other designated official a fee of $4.00 for the licensing of each dog, which shall include a surcharge of $0.20 for each dog licensed, which the licensing official shall collect and remit to the state department of health for the pilot clinic fund, and shall also pay a fee of $1.00 for the registration tag of each dog. The licensing official shall also collect an additional $3.00 for each dog of reproductive age which has not had its reproductive capacity permanently altered, which moneys shall be remitted to the state department of health for the animal population control fund. Each license, registration tag and renewals thereof shall expire on January 31 of each year and shall be renewed at the rates set forth in this subsection. However, if the license and registration tag are obtained on or after February 1, an additional fee of $3.00 shall be charged. If a license tag has been misplaced or lost, the licensing official may issue a duplicate license and/or registration tag for that particular dog after payment of a fee of $1.00.
(f) Date of application. Applications for licenses for dogs which are required to be licensed shall be made within ten days of the day upon which the dog in question first becomes subject to the provisions of this section.
(g) Exceptions. The provisions of this section shall not apply to any dog licensed under section 14-42. Dogs used as guides for blind persons and commonly known as seeing eye dogs, dogs used to assist deaf persons and commonly known as hearing ear dogs and dogs used to assist handicapped persons and commonly known as service 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.
(h) Licensing for potentially dangerous dogs. Where a dog has been declared potentially dangerous in accordance with section 14-46, the owner shall, within the time provided by court order or, in any event, not less than 60 days from the date of the court's decision, obtain a special potentially dangerous dog license, registration number and registration identification tag. The fee for such a license, and renewals thereof, shall be $700.00. Renewals shall be made at the same time and manner as ordinary dog licenses, except that the same registration number shall be reissued for the life of the dog. In addition, the owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. The time for compliance shall be tolled by the filing of an appeal from the court's order in compliance with the rules of court.
(Code 1988, § 141-2; Ord. No. 3-99, § 1, 2-23-1999)
Sec. 14-42. Kennels, pet shops, shelters and pounds.
(a) License required. A license is required for kennels, pet shops, shelters and pounds as follows:
(1) No kennel, pet shop, shelter or pound shall be located, established or maintained in the township unless the person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to and obtain from the animal control officer a license entitling him to keep or operate such establishment.
(2) No person shall own, keep, harbor or maintain at any one time in the township more than five dogs of licensing age on property of less than three acres and no more than eight dogs on property of three acres or more, except in a kennel or pet shop and except dogs that are held and confined in a shelter or pound under the provisions of this section.
(3) Any person holding such license shall not be required to procure individual licenses for dogs owned by the licensee and kept at such establishment.
(b) License application information. The application for the license shall describe the premises where the establishment is located or is proposed to be located and the purpose for which it is to be maintained and shall be accompanied by the written approval of the director of health, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
(c) License contents; expiration; revocation. Contents of the license, the expiration date and grounds for revocation of the license shall be as follows:
(1) All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained and shall not be transferable to another owner or different premises. Such licenses shall expire on June 30 of each year.
(2) All such licenses shall be subject to revocation by the township council on recommendation of the state department of health or the township health department or the rules and regulations of the state department of health or the township health department governing the revocation, after the licensee has been afforded a hearing by the state department of health or the township health department.
(d) License fees. The annual license fees for kennel, pet shop, shelter or pound licenses shall be as follows:
(1) Kennel accommodating ten or fewer dogs: $10.00.
(2) Kennel accommodating more than ten dogs: $25.00.
(3) Pet shop: $10.00.
(4) Shelter or pound: no fee.
(e) Control of dogs off premises. 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.
(f) Reports to state health department. The animal control 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 therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
(Code 1988, § 141-3)
Sec. 14-43. Disposition of fees.
(a) License fees and other monies collected or received under the provisions of this article, except the 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:
(1) Collecting, keeping and disposing of dogs liable to seizure under this article.
(2) Local prevention and control of rabies.
(3) Providing antirabies treatment under the direction of the local board of health for any person known or suspected to have been exposed to rabies.
(4) All other purposes prescribed by state statutes governing the subject and for administering the provisions of this article.
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 the special account during the last two fiscal years next preceding.
(b) The registration tag fee of $1.00 for each dog shall be forwarded within 30 days after collection to the state department of health.
(Code 1988, § 141-4)
Sec. 14-44. Dog census.
(a) The township clerk shall, every two years, hire census takers who, under the supervision of the township clerk, shall cause a canvass to be made of all dogs owned, kept or harbored within the township limits and shall report, on or before September 1, to the local board of health and to the state department of health the results thereof, setting forth in separate columns the following:
(1) The names and addresses of persons owning, keeping or harboring dogs;
(2) The number of licensed dogs owned, kept or harbored by each person, together with the registration number of each dog; and
(3) The number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.
(b) Census takers shall be authorized to enter upon any private property for the purpose of taking the census of dogs to determine whether dogs are duly licensed. For this purpose, they are empowered to enter upon private property at any daylight hour in the performance of their duties. Census takers shall be authorized to issue a notice, for and in the name of the township clerk, to notify any owner of a dog who shall fail to obtain a license for his dog that a complaint will be filed within a time limit set by the township clerk in the municipal court unless the owner of the dog shall obtain a license therefor within the time limit.
(Code 1988, § 141-5)
Sec. 14-45. Impoundment and destruction.
(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 dog off the premises of the owner or of the person keeping or harboring the dog without a current registration tag on its collar.
(2) Any dog off the premises of the owner or of the person keeping or harboring the dog, which dog the official or his agent has reason to believe is a stray dog.
(3) Any female dog in season off the premises of the owner or of the person keeping or harboring such dog.
(4) Any dog running at large in violation of the provisions of this article.
(5) Any dog with fierce, dangerous or vicious propensities or noticeably infected with rabies or bitten by a dog suspected of having rabies.
(6) Any dog on the premises of the owner which shall be a public nuisance or dangerous to public health and safety.
(7) Any dog or other animal which is suspected of being rabid.
(8) Any dog or other animal off the premises of the owner reported to or observed by a certified animal control officer to be ill, injured or creating a threat to public health, safety or welfare or otherwise interfering with the enjoyment of property.
(b) Access to premises. 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 which he may lawfully seize and impound when such officer is in immediate pursuit of such dog, except on the premises of the owner of the dog if the owner is present and forbids the entry.
(c) Notice of seizure. If any dog so impounded or seized wears a registration tag, collar or harness having inscribed thereon or attached thereto the name and address of any person or the owner thereof or the person keeping or harboring the animal is known, the animal control officer shall immediately serve on the person whose address is given on the collar or on the person owning, keeping or harboring the dog 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 service of the notice. A notice under this subsection 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 or by forwarding it by mail in a prepaid letter addressed to that person at his usual or last known place of abode or to the address given on the collar.
(d) Destruction of certain dogs. The following dogs may be destroyed by the animal control officer:
(1) Dogs which have been so seized and impounded shall be held for at least seven days, during which period written notice by the animal control officer shall be served or mailed to the owner or the person keeping or harboring the dog if such owner or person is known. If the owner or person has not claimed the dog and paid all expenses of the detention, including maintenance not in excess of $4.00 per day, at the end of seven days, the animal control officer may have the dog destroyed in a manner causing the least pain.
(2) The animal control officer shall be authorized also to destroy any dog at the request of the owner. In such case the owner shall certify that he is in fact the owner of the dog.
(e) Impounding and destruction charges. Impounding and destruction charges shall be as follows:
(1) Charges shall be $3.00 for impounding and $4.00 per day for maintenance.
(2) A charge of $5.00 shall be made for the destruction of any dog at the request of the owner.
(Code 1988, § 141-6)
Sec. 14-46. Vicious and potentially dangerous dogs.
(a) Seizure and impoundment. Vicious and potentially dangerous dogs may be seized and impounded in accordance with the following:
(1) The animal control officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:
a. Attacked a person and caused death or serious bodily injury, as defined in N.J.S.A. 2C:11-1(b), to that person;
b. 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;
c. Engaged in dog-fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26; or
d. Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
(2) The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the health officer, the dog may be impounded in a facility or other structure agreeable to the owner.
(b) Notice to court and health officer. The animal control officer shall notify the municipal court and the health officer immediately that he has seized and impounded a dog pursuant to subsection (a) of this section 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 further make a reasonable effort to determine the identity of the owner of any dog seized and impounded. If the owner cannot be identified within seven days, the dog may be humanely destroyed.
(c) Notice to owner. 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 subsection (a) of this section, 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 or potentially dangerous. The notice shall further 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 within seven days of receipt, the dog may be humanely destroyed.
(d) Hearing. If the owner has requested a hearing, the municipal court shall schedule the hearing within 30 days of the request and provide notice to the owner of the time and date of the hearing.
(e) Findings of municipal court for vicious dog. Procedures for the municipal court to declare a dog vicious and the effect of the declaration are as follows:
(1) The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:
a. Killed a person or caused serious bodily injury, as defined in N.J.S.A. 2C:11-1(b), to a person; or
b. Has engaged in dog-fighting activities as described by N.J.S.A. 4:22-24 and 4:22-26.
(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 township shall bear the burden of proof to demonstrate that the dog was not provoked.
(3) If the municipal court declares a dog vicious and no appeal is made as provided in this section, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
(f) Findings of municipal court for potentially dangerous dog. Procedures for the municipal court to declare a dog potentially dangerous are as follows:
(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;
b. Killed another domestic animal and:
1. Poses a threat of serious bodily injury or death to a person; or
2. Poses a threat of death to another domestic animal; or
c. Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
(2) A dog shall not be declared potentially dangerous for:
a. Causing bodily injury, as defined in N.J.S.A. 2C:11-1(a), to a person if the dog was provoked; or
b. Killing a domestic animal if the domestic animal was the aggressor.
(3) For purposes of subsection (f)(2)a. of this section, the township shall bear the burden of proof to demonstrate that the dog was not provoked.
(g) Order and schedule for compliance for potentially dangerous dogs; conditions. If the municipal court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which:
(1) Shall require the owner to comply with the following conditions:
a. Obtain the special potentially dangerous dog license, registration number and red identification tag and have the dog tattooed as set forth in section 14-41(h). The potentially dangerous dog shall be impounded until the owner obtains the license, registration number and red identification tag.
b. 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 in subsection (g)(1)c. of this section.
c. Immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the dog will be kept, which has sound sides, top and bottom to prevent the 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 shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of the 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 township to be named as an additional insured for the sole purpose of the township clerk being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
(3) If the court finds by a preponderance of the evidence that the dog is potentially dangerous, the court shall establish a schedule to ensure compliance with this article, within 60 days of the court's determination, and complete compliance shall take place within 60 days of the court's determination.
(h) Appeal. The animal control officer or the owner of the dog may appeal any final decision, order, or judgment, including any conditions attached thereto, of the municipal court pursuant to this section and 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 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.
(i) Costs of impoundment and destruction. Costs of impoundment and destruction shall be as follows:
(1) Liability of owner. 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 township for the costs and expenses of impounding and/or destroying the dog in accordance with the costs for impoundment and/or destruction set forth in this article. 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) Testing. If the dog has bitten or exposed a person within ten days prior to the time of euthanasia, its head shall be transported to the state department of health laboratory for rabies testing.
(j) Subsequent actions. If the municipal court finds that the dog is not vicious or potentially dangerous, the municipal court retains the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog.
(k) Duties of owner of potentially dangerous dog. The owner of a potentially dangerous dog shall:
(1) Comply with the provisions of this article 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 township clerk, the police department and the animal control officer if the dog is at large or has attacked a human being or killed a domestic animal.
(3) Notify the township clerk, the police department and the animal control officer within 24 hours of the death, sale or donation of the 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, notify the township clerk, police department and animal control officer of the name, address and telephone number of the new owner; if the new owner resides in another municipality, the appropriate licensing authority, police department and animal control officer shall be notified of the name, address and telephone number of the new owner.
(6) In addition to any other license fee required, pay the fee for the special potentially dangerous dog license.
(l) Inspections for continuing compliance. The animal control officer shall inspect the enclosure and the owner's property at least monthly to determine compliance with subsections (g)(1)b. and (g)(1)c. of this section.
(m) Violations and penalties. The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated the provisions of this article or to have failed to comply with the municipal court's order shall be subject to the penalties set forth in section 14-52, and each day's continuance of the violation shall constitute a separate and distinct violation. In addition, the animal control officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with this article or the municipal court's order. The municipal court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner and impose the costs for impoundment and destruction on the owner.
(n) Duties of township clerk. The township clerk shall:
(1) Upon receipt of written verification from the animal control officer that the owner has demonstrated compliance with the municipal court's orders and upon payment of the fee by the owner, issue the special potentially dangerous dog license, registration number and red tag. The last three digits of the registration number shall be the three-number code assigned to the township by the state department of health.
(2) Publicize a telephone number for reporting violations of this article. The telephone number shall be reported to the state department of health, and any changes thereto shall immediately be reported to such department.
(o) Disposition of fees and fines. All fines and fees collected or received by the township pursuant to this section shall be deposited in a special account and used by the township to administer and enforce the provisions of this section.
(p) Settlement. Notwithstanding any subsection of this section to the contrary, the township and the owner of the dog may settle and dispose of the matter at any time in such manner and according to such terms and conditions as may be mutually agreed upon. Notwithstanding any subsection of this section to the contrary, neither the township nor its employees shall have any liability by virtue of having entered into any settlement agreement pursuant to this section or for any action or inaction related to the entry into such agreement or for any injuries or damages caused thereafter by the dog. The township may, as a condition of the settlement agreement, also require that the owner of the dog hold the township harmless for any legal expenses or fees the township may incur in defending against any cause of action brought against the township, notwithstanding any statutory or common law prohibition against such causes of action.
(Code 1988, § 141-7; Ord. No. 20-95, §§ 1--15, 5-2-1995)
Sec. 14-47. General regulations.
No person shall own, keep or harbor a dog in the township except in compliance with this article and the following:
(1) Wearing of registration. All dogs for which licenses are required by this article shall wear a collar or harness with the registration tag for such license securely fastened thereto.
(2) 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.
(3) Interference with official duties. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
(4) Running at large. Restrictions on dogs running at large in the township are as follows:
a. No person keeping, owning or harboring a dog shall allow or permit it to run at large within the township limits, except as otherwise provided in this section.
b. The occupant of a farm may permit his dog to run at large on the land he occupies, except during the open season for deer.
c. The owner, lessee or custodian of a dog may go into the woods or fields with the dog, without firearms, for the purpose of exercising or training it in daylight at any time, except during the open season for deer.
d. Dogs shall be allowed to be in the field in the custody of the owner, lessee or custodian during the regular hunting season as provided by law.
(5) 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 of the township unless such dog is accompanied by a person and is securely confined and controlled by an adequate leash not more than six feet long.
(6) 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 or run through or across any cultivated gardens or fields.
(7) Disturbing the peace. No person shall own, keep, harbor or maintain any dog which habitually barks or cries.
(8) Personal injury. No person owning, keeping or harboring a dog shall suffer it to cause injury to any person.
(Code 1988, § 141-8)
Sec. 14-48. Rabies vaccination.
(a) Required. No person shall own, possess, harbor or have in custody any dog over six months of age within the township, unless the dog has been vaccinated against rabies by a duly licensed veterinarian of the state. Any dog may be exempted from the requirement of such vaccination for a specified period of time by the township clerk upon the presentation of a certificate from a duly licensed veterinarian stating that, by reason of age, infirmity or other physical condition, vaccination of the dog for such specified period of time is contraindicated and provided, further, that nothing contained in this subsection shall be deemed to require the vaccination of any dogs located in and confined to duly recognized and licensed kennels, dog pounds and pet shops where dogs are offered for sale, as provided by state laws.
(b) Certificate. A rabies vaccination certificate shall be issued in accordance with the following:
(1) Any person owning, possessing, harboring or having custody of any dog shall obtain from the veterinarian who vaccinates the dog against rabies a certificate on a form approved by the National Association of State Public Health Veterinarians (NASPHV) and shall, within ten days of each vaccination or within ten days after bringing the dog into the township, if the dog was vaccinated before being brought into the township, deliver such certificate to the office of the township clerk, who shall file the certificate.
(2) No license required for the owning and keeping of dogs shall be issued to any person unless a certificate issued by a licensed veterinarian is presented to and filed with the township clerk, showing that the dog has been vaccinated against rabies in the manner provided in this section.
(c) Free vaccination. The health officer shall be authorized and empowered to provide for the free vaccination of dogs at a suitable clinic and place designated by him to be conducted by a licensed veterinarian of the state. The health officer is hereby further authorized and empowered to make and adopt such rules and regulations, not inconsistent or in conflict with the terms of this section, as he may deem necessary and proper for the enforcement of this section.
(Code 1988, § 141-9)
Sec. 14-49. Removal of feces from public and private places.
(a) Responsibility of owner. No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to defecate on any common thoroughfare, street, road, curbline, sidewalk, passageway, bypath, play area, park, schoolground or upon any space where the public congregate or walk on or upon any public property or place whatsoever or upon any private property without the permission of the owner of the property, unless the person immediately removes all feces deposited by the dog and disposes of the feces by any sanitary method approved by the health sanitarian.
(b) Enforcement. This section shall be enforced by the police department, animal control officers and health sanitarians.
(c) Exemption. This section shall not apply to blind persons who use dogs as guides.
(Code 1988, § 141-9.1)
Cross references: Solid waste, ch. 94; streets and sidewalks, ch. 98.
Sec. 14-50. Dog bites.
Where it has been determined by a physician that a person has been bitten by a dog, such 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, the owner or keeper of the dog must:
(1) Have the dog examined by a licensed veterinarian within 12 hours.
(2) Have the dog kept in quarantine in the owner's home or at a kennel for a period of ten days.
(3) At the end of ten days, have the dog reexamined by a veterinarian and a written report of the dog's state of health sent to the health department.
(Code 1988, § 141-10)
Sec. 14-51. Violations and penalties.
(a) Maximum penalty. Except as otherwise provided by state statutes, for violation of any provision of this article, the maximum penalty, upon conviction, shall be as provided in section 1-13.
(b) Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
(c) State penalties. The penalty provided in this section shall be construed to be in addition to and not in lieu of the penalties of the state statutes relating to rabies and control of dogs.
(Code 1988, § 141-12(A), (C), (D))
Secs. 14-52--14-85. Reserved.
ARTICLE III. CATS
Sec. 14-86. Rabies vaccination and license required.
(a) Vaccination and license requirements. No person shall own, keep, harbor or maintain any cat over seven months of age within the township, unless such cat is vaccinated and licensed. The provisions of this section do not apply to cats held by a state or federal licensed research facility; to a veterinary establishment where cats are received or kept for diagnostic, medical, surgical or other treatments; or to licensed animal shelters, pounds, kennels or pet shops. The licensing provisions of this article shall not apply to cats held in a cattery or to nondomesticated cats located upon farmlands.
(b) Vaccination required. All cats shall be vaccinated against rabies by a licensed veterinarian, in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization, published by the National Association of State Public Health Veterinarians, except as provided for in subsection (d) of this section.
(c) Vaccination certificate. A certificate of vaccination shall be issued to the owner of each cat vaccinated on a form recommended by the state.
(d) Exemptions. Any cat may be exempted from the requirements of such vaccination for a specified period of time by the licensing official, upon presentation of a veterinarian's certificate stating that, because of an infirmity or other physical condition or regimen of therapy, the inoculation of such cat shall be deemed inadvisable.
(Code 1988, § 141-17)
Sec. 14-87. Licensing requirements.
(a) Display of license number. Any person who shall own, keep or harbor a cat of licensing age in the township shall annually apply for and procure from the township clerk or other official designated by the township council to license cats a license and official registration tag, with the license number or registration sleeve for each cat so owned, kept or harbored, and shall place upon such cat a collar or other device with the license number securely fastened thereto or displayed therein. Acceptable methods of displaying the license number shall include but are not limited to breakaway or elastic collars. License tags or sleeves are not transferable.
(b) Time for applying for license. The owner of any newly acquired cat of licensing age or of any cat which attains licensing age shall make application for a license tag or sleeve for such cat within ten days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a cat within the township for no longer than 90 days.
(c) Cats brought into township. The following shall apply to cats brought into the township:
(1) Any person who shall bring or cause to be brought into this township any cat licensed in another state for the current year and bearing a registration tag or sleeve and who shall keep the cat or permit the cat to be kept within the township for a period of more than 90 days shall immediately apply for a license and registration tag or sleeve for each such cat.
(2) Any person who shall bring or cause to be brought into this township any unlicensed cat and who shall keep the cat or permit the cat to be kept within the township for a period of not more than ten days shall immediately apply for a license and registration tag or sleeve for each such cat.
(d) Application; contents; preservation of information. The license application shall state the breed, sex, age, color and markings of the cat for which a license and registration are sought and whether it is of a long- or short-haired variety and also the names, street and post office addresses of the owner and the person who shall keep or harbor such cat. The information on the application and the registration number issued for the cat shall be preserved for a period of three years by the township clerk or other official designated to license cats in the township.
(e) License forms and tags. License forms and official tags or sleeves shall be furnished by the township and shall be numbered serially and shall bear the year of issuance and the name of the township.
(f) Evidence of inoculation with rabies vaccine or certification of exemption. The township clerk or other official designated by the township council to license cats shall not grant any such license and official registration tag or sleeve for any cat unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Health and Human Services or has been certified exempt, as provided by section 14-86(d). The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to administer the inoculation.
(g) License fee schedule. A license shall be issued after payment of a fee of $8.00 for each unneutered cat and $5.00 for each neutered cat. Persons who fail to obtain a license as required within the time period specified in this article will be subject to a delinquent fee of $3.00.
(h) Responsibility for payment of license fees; renewal of license; expiration date of license; license from another municipality accepted. The persons applying for the license and registration tag and/or sleeve shall pay the fee fixed or authorized. The fee for the renewal of the license and registration tag or sleeve shall be the same as for the original, and the license, registration tag or sleeve and renewal thereof shall expire on December 31 of that year. Only one license and registration tag or sleeve shall be required in the licensing year for any cat in this township. Any valid state license tag or sleeve issued by a municipality in this state shall be accepted by this township as evidence of compliance.
(i) Loss of license. If a license tag or sleeve has been misplaced or lost, the licensing official may issue a duplicate license and/or registration sleeve for that particular cat after payment of a fee of $1.00.
(j) Proof of licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining or harboring a cat, upon the request of any health official, police officer, animal control officer or other authorized person.
(k) Interfering with persons performing duties under article. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
(l) Disposition of fees collected. License fees and other moneys collected or received under the provisions of this article shall be forwarded to the township treasurer 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:
(1) Collecting, keeping and disposing of cats liable to seizure;
(2) Local prevention and control of rabies;
(3) Providing antirabies treatment under the direction of the board of health for any person known or suspected to have been exposed to rabies; and
(4) Administering the provisions of this article.
Any unexpended balance remaining in such special account shall be retained until the end of the third fiscal year following and may be used for any of the purposes set forth in this subsection. 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 the special account during the last two fiscal years next preceding.
(Code 1988, § 141-18)
Sec. 14-88. Violations and penalties.
Except as otherwise provided in this article, the maximum penalty for violation of any provision of this article shall be as provided in section 1-13.
(Code 1988, § 141-19)
Sec. 14-89. Repeal.
All other ordinances of the township which are in conflict with this article are hereby repealed to the extent of such conflict.
(Code 1988, § 141-20(A))
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