[Adopted 12-20-1971 as Ch. IX of the Revised General Ordinances]
[Amended 7-20-1992 by Ord. No. 13-92; 4-15-1996 by Ord. No. 12-96]As used in this article, the following terms shall have the meanings indicated:
- Any dog, bitch or spayed bitch.
- DOG OF LICENSING AGE
- Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
- Any person exercising control over a dog or permitting a dog to remain on premises under his control.
- Any establishment where the business of boarding, selling or breeding dogs for sale is carried on, except a pet shop.
- OTHER ANIMALS
- All creatures other than a dog or dog hybrid.
- When applied to the proprietorship of a dog, includes every person having a right of property in the dog and every person who has a dog in his keeping.
- A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
[Added 3-21-2005 by Ord. No. 14-05]
- PET SHOP
- Any room or group of rooms, cage or exhibition pen, not part of a kennel, where dogs are kept or displayed for sale.
- POTENTIALLY DANGEROUS DOG
- Any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to N.J.S.A. 4:19-23.
- An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
- RUN AT LARGE
- The running or standing of any dog, on any street or other public or private place, except on the property of the owner or custodian of the dog, unattended and not under the immediate control of some responsible person able to control such dog.
- Any establishment where dogs are received, housed and distributed without charge.
- The failure of the owner or harborer of any dog or dogs to prevent the occurrence of any act on the coming into existence of any condition prescribed or otherwise regulated by this article, regardless of the prior knowledge thereof by such owner or harborer.
- VICIOUS DOG
- Any dog or dog hybrid which has been declared by a Municipal Court to be a vicious dog pursuant to N.J.S.A. 4:19-22.
A. License; when 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 the first day of January 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 10 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 10 days.
(5) Any dog licensed by another state, brought into the Township by any person and kept within the Township for more than 90 days.
B. Application for license. Registration numbers shall be issued in the order in which applications are received. Each application for a license under this article shall give the following information:
(1) A general description of the dog sought to be licensed, including breed, sex, age, color and markings and whether the dog is of a long- or short-haired variety.
(2) The name, street and post office address of the owner of, and the person who shall keep or harbor, the dog.
(3) Submission of evidence of rabies inoculation.
[Added 9-17-1979 by Ord. No. 63-79]
C. Application for license; when made. Applications for licenses for dogs which are required to be licensed by the provisions of Subsection A shall be made before the first day of February of each calendar year. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog in question first becomes subject to the provisions of this article.
D. 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 Township Clerk. In addition, he shall forward similar information to the State Department of Health each month on forms furnished by the Department.
E. Fees. The person applying for a license shall pay a fee of $18 for each unneutered dog and $15 for each neutered dog. There shall be a late charge of $1 per month or for any part of a month for any application made after January 31. The same fee shall be charged for the annual renewal of each license.
[Amended 5-15-1978; 10-19-1981 by Ord. No. 35-81; 12-19-1994 by Ord. No. 29-94; 9-15-2008 by Ord. No. 17-08 Editor's Note: This ordinance also provided that it shall take effect 1-1-2009. ]
F. Expiration date. Each dog license and registration tag shall expire on the last day of January of the calendar year following the calendar year in which it was issued.
G. Exceptions. The provisions of this article shall not apply to any dog licensed under § 46-3 of this article. 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.
A. License required. Any person who keeps or operates, or proposes to establish a kennel, pet shop, shelter or pound, shall apply to the Township Clerk for a license entitling him to keep or operate the establishment. Any person holding the license shall not be required to secure individual licenses for dogs owned by the licensee and kept at the establishment; licenses shall not be transferable to another owner or different premises.
B. Application information. 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 it is to be maintained.
(4) The maximum number of dogs to be accommodated by the establishment at any one time.
C. Approval of Health Officer. No license shall be issued until the proposed licensee submits a written statement from the Health Officer of the Board of Health that the establishment or proposed establishment complies with local and state rules governing the location of and sanitation at the establishment.
D. License term. Any license 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 each year.
[Amended 9-21-2009 by Ord. No. 25-09]
E. License fees. The annual license fees for kennel and pet shop licenses shall be as follows:
(1) Kennel accommodating 10 or fewer dogs: $10.
(2) Kennel accommodating more than 10 dogs: $25.
(3) Pet shop: $10.
(4) Shelter or pound: no fee.
F. Compliance with state regulations.
(1) All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Township Committee on recommendation of the State Department of Health or the Board of Health for failure to comply with the rules and regulations of the State Department of Health or the Board of Health, after the owner has been afforded a hearing by either the State Department of Health or the Board 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 and the prevention of the spread of rabies and other diseases of dogs within and from these establishments.
G. Reports to State Health Department. The Clerk 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 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 the premises, except on leash or in a crate or other safe control.
A. License fees and other moneys collected or received under the provisions of this article, except 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 anti-rabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; all other purposes prescribed by the statutes of New Jersey governing the subject, and for administering the provisions of this article. Any unexpended balance remaining in the 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 article. At the end of the third fiscal year following and at the end of each fiscal year thereafter, there shall be transferred from the special account to the general funds of the Township any amount then in the 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 for each dog shall be forwarded within 30 days after collection by the Clerk to the State Department of Health.
[Amended 10-19-1981 by Ord. No. 35-81]
[Amended 9-17-1979 by Ord. No. 63-79]The Township shall cause an annual dog canvass to be conducted of all dogs owned, kept or harbored within the limits of the Township. The person or persons so designated to conduct this canvass shall report to the Clerk, the Board of Health and to the State Department of Health the results thereof, setting forth in separate columns the following information:
A. The names and addresses of persons owning, keeping or harboring dogs.
B. The number of licensed dogs owned, kept or harbored by each person, together with the registration number of each dog.
C. The number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.
[Added 7-20-1992 by Ord. No. 13-92]
A. Establishment. The position of Certified Animal Control Officer is hereby established under the jurisdiction of the Police Department. The Certified Animal Control Officer shall be an employee of the Township and subject to the control and direction of the Chief of Police or his designee.
B. Appointment. The Township Committee shall appoint and employ a Certified Animal Control Officer who shall be responsible for animal control within the Township of Washington and who shall enforce and abide by the provisions of N.J.S.A. 4:19-15.1 et seq. and N.J.S.A. 4:19-17 through 4:19-30.
C. Duties. The Certified Animal Control Officer shall be responsible to enforce the measures and provisions for the control of dogs contained in N.J.S.A. 4:19-15.1 et seq. and N.J.S.A. 4:19-17 through 4:19-30 and the provisions of this article.
D. Qualifications. The Certified Animal Control Officer shall be a person 18 years of age or older who has satisfactorily completed a course of study approved by the Commissioner of Health on the control of animals, prescribed by P.L. 1983, c. 525, Editor's Note: See N.J.S.A. 4:19-15.16a. or who has been employed in the State of New Jersey in the capacity of and with similar responsibilities to those required of certified animal control officers pursuant to the provisions of P.L. 1983, c. 525, for a period of three years.
[Amended 7-20-1992 by Ord. No. 13-92]
A. Applicable state law. State law governing vicious and potentially dangerous dogs and all requirements pertaining to the declaration of vicious and potentially dangerous dogs are set forth in N.J.S.A. 4:19-17 et seq.
B. Costs of impoundment to be responsibility of owner. If a dog is declared to be vicious or potentially dangerous pursuant to N.J.S.A. 4:19-17 et seq., the owner shall be liable to the Township for all costs and expenses associated with its impoundment and/or destruction. The fees for impoundment and destruction shall be as set forth in § 46-10, Fees for impoundment and destruction of dogs.
C. Potentially dangerous dog license; fees. It shall be the duty of the owner of a dog which is declared to be potentially dangerous to secure a special potentially dangerous dog license, registration number and red identification tag and to comply with any other conditions imposed by the Municipal Court pursuant to N.J.S.A. 4:19-24. The license fee for a potentially dangerous dog pursuant to N.J.S.A. 4:19-17, et seq. shall be $700.
[Amended 4-15-1996 by Ord. No. 12-96]
[Amended 9-17-1979 by Ord. No. 63-79; 7-16-1984 by Ord. No. 20-84; 7-20-1992 by Ord. No. 13-92]
A. Causes for impounding. The Animal Control Officer shall take into custody and seize, or cause to be taken into custody and impounded, any of the following dogs:
[Amended 12-19-1994 by Ord. No. 29-94]
(1) Any unlicensed dog running at large in violation of the provisions of this article.
(2) Any dog off the premises of the owner of or the person keeping or harboring the 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 he has reasonable cause to believe may be vicious or potentially dangerous as provided in N.J.S.A. 4:19-19, provided that these dogs may also be seized by any police officer, and provided further that if the 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 onto any premises to seize for impounding any dog which he may lawfully seize and impound when the officer is in immediate pursuit of the dog, except on the premises of the owner of the dog if the owner is present and forbids the same.
C. Notice of seizure.
(1) If any dog so impounded or seized wears a registration tag, collar or harness showing 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.
A. When any dog so seized has not been claimed by the person owning, keeping or harboring the 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 previous subsection.
B. If the person owning, 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 but not limited to a pickup fee of $10, veterinary expenses and maintenance expenses.
C. If the seized dog is unlicensed at the time of its seizure and the person owning, keeping or harboring the dog has not produced a license and registration tag as provided in this article.
[Amended 12-19-1994 by Ord. No. 29-94]The person owning, keeping or harboring any dog seized pursuant to § 46-8, Impounding and Destruction of Certain Dogs, shall be required to pay all expenses incurred by reason of its detention, including veterinary and maintenance expenses and any expenses which may be incurred by the Township if necessary to destroy said animal, as well as an administration fee of $20.
A. Wearing of registration. All dogs which are required by the provisions of this article to be licensed shall wear a collar or harness with the registration tag for the dog securely fastened thereto.
B. 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.
C. Interference with official duties. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
D. Disturbing the peace. No person owning, keeping or harboring an animal shall permit, suffer or allow said animal to:
[Amended 7-20-1992 by Ord. No. 13-92 Editor's Note: This ordinance also deleted former Subsection 9-8.5, Additional Regulations. ]
(1) Habitually bark, howl or cry. The habitual barking, howling or crying of a dog or dogs in the Township is hereby declared to be a disturbing noise within the meaning of N.J.S.A. 40:48-1, Subsection 8, and a nuisance.
(2) Run at large within the limits of the Township, except that the provision shall not apply to hunting dogs during hunting season or while they are being trained, provided that at all times such dogs are under the control of the owner or trainer.
(3) In the case of a dog or dogs, be off the premises of such owner or person so harboring said dog or be upon a public street or other public place in the Township, unless the dog shall be accompanied by a person who is capable of controlling such dog and has the dog securely confined.
(4) Cause damage to any lawn, shrubbery, flowers, grounds, trees or any property of persons other than the owner or person having the care, custody or control of such dogs.
[Amended 2-19-2007 by Ord. No. 3-07]
(5) Soil or defile or to commit any nuisance upon any sidewalk, street or thoroughfare, in or upon any public property or in or upon the property of persons other than the owner or person having the care, custody or control of such dog.
[Amended 7-16-1984 by Ord. No. 20-84]
A. Dog bites; known owner or harborer. Where it has been determined that a person has been bitten by a dog, the individual, or his parent or guardian if he is a minor, shall immediately notify the police. When the owner or keeper of any dog is notified by the police that the dog has bitten an individual, the owner or keeper of the dog shall comply with the following procedures:
(1) Have the dog examined by a licensed veterinarian within 12 hours, unless the dog has a current rabies vaccination.
[Amended 11-17-1986 by Ord. No. 40-86]
(2) Have the dog kept in quarantine in the owner's home or at a kennel at the direction of the authorized agent of the of Health for a period of 10 days, unless the dog does not have a current rabies vaccination. The unvaccinated dog must be quarantined under the supervision of a licensed veterinarian for a period of 10 days, the cost of which is to be borne by the owner or harborer.
[Amended 12-17-1990 by Ord. No. 36-90]
(3) At the end of 10 days have the dog reexamined by a veterinarian and a written report of the dog's state of health sent to the Board of Health.
(4) Where the dog dies for any reason within the quarantine period, the owner or keeper shall be responsible for obtaining the head of the animal and transporting the head to the State Department of Health. In lieu thereof, the owner may request that the Township transport the head of the animal and shall pay the Township a fee of $125 or the actual cost, whichever is less, which will cover all transportation expenses incurred by the Township in providing this service.
[Amended 6-15-1987 by Ord. No. 15-87; 4-16-1990 by Ord. No. 15-90; 11-21-1994 by Ord. No. 24-94]
B. Animal bites; unknown owner or harborer. Where the owner or keeper of an animal, wild or domestic, which has bitten a person is unknown, the individual bitten, or his parent or guardian if he is a minor, or the owner or harborer of a domestic animal who has been bitten shall be responsible for the transportation of the head of the biting animal to the State Department of Health for rabies testing. In lieu thereof, such individual may request that the Township transport the head of the animal and shall pay the Township a fee of $125 or the actual cost, whichever is less, which will cover all transportation expenses incurred by the Township in providing this service.
[Amended 6-15-1987 by Ord. No. 15-87; 4-16-1990 by Ord. No. 15-90; 12-17-1990 by Ord. No. 36-90; 11-21-1994 by Ord. No. 24-94]
[Amended 7-20-1992 by Ord. No. 13-92; 5-16-2005 by Ord. No. 17-05]All police officers of the Township, regular and special, and the Animal Control Officer and his/her authorized agents are hereby given full power and authority and are charged with the duty to enforce all provisions of this article. In addition, the Department of Public Works Superintendent or his/her duly authorized designee, the Health Officer or his/her duly authorized designee, the Zoning Officer and/or his/her duly authorized designee and the Township Engineer and/or his/her duly authorized designee, are hereby given full power and authority and are charged with the duty to enforce the provisions of § 46-15.
[Amended 9-17-1979 by Ord. No. 63-79; 10-15-1984 by Ord. No. 25-84; 4-16-2007 by Ord. No. 9-07]
A. Except as otherwise provided by N.J.S.A. 4:19-15.1 et seq., and N.J.S.A. 4:19-16 et seq., any person who violates §§ 46-2, 46-3, or 46-11A, B or C of this article 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 local Board of Health or the Township, as the case may be, except that for the first offense in the case of a violation of § 46-2 or § 46-11A, the penalty shall be not less than $1 nor more than $50 to be recoverable in the same manner.
[Added 7-20-1992 by Ord. No. 13-92; amended 3-21-2005 by Ord. No. 14-05]
A. Any person owning or in charge of any pet which soils, defiles, defecates on or commits any nuisance of any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property without permission of the owner of said property, shall immediately remove all feces deposited by any such pet in a sanitary manner.
B. The feces removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of the pet by placement in a designated waste receptacle, or other sealed, nonabsorbent, leakproof container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or by disposal into a system designed to convey domestic sewage for proper treatment and disposal.
C. The provisions of this article shall not apply to pet owners and keepers who require the use of a disability assistance animal while such animal is being used for that purpose.