[Adopted 12-29-41; amended in its entirety by Ord. No. 69-1 (Sec. 5-1 of the 1996 Revised General Ordinances)]
This article shall be known as the "Dog Control Chapter of the Township of Manchester."
A. 
The words hereinafter defined shall have the meanings herein indicated for the purpose of this article as follows:
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
OWNER
When applied to the proprietorship of a dog, shall mean and include every person having a right of property in such dog and every person who has such dog in his keeping.
PERSON
An individual, firm, partnership, corporation or association of persons.
PET SHOP
Any 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.
[Amended 6-14-2010 by Ord. No. 10-012]
POUND
An establishment for the confinement of dogs seized either under the provisions of this act or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed.
[Amended 6-14-2010 by Ord. No. 10-012]
TOWNSHIP
Township of Manchester, in the County of Ocean, State of New Jersey.
B. 
The words "and" and "or" may be used interchangeably, and either of the two may be applicable, whichever is more conducive towards the effectuating of this article.
C. 
The masculine, feminine or the neuter gender shall be implied, whichever is appropriate and conducive for the effectuating of this article.
No person shall own, keep or harbor any dog within the Township except in compliance with the provisions of this article.
No person shall keep or harbor any dog within the Township without first obtaining a license therefor.
[Amended by Ord. No. 80-178; Ord. No. 81-193; Ord. No. 94-234; Ord. No. OR96-015; Ord. No. 97-002; Ord. No. 98-006]
A. 
Commencing on June 1, 1998, every owner of or person who keeps a dog within the limits of the Township of Manchester shall make an annual application for each dog for a license during the month of June of each year. The fee for each license and registration tag shall be $10. One dollar and twenty cents to be forwarded to the State Treasurer in accordance with N.J.S.A. 4:19-15.3 et seq.
[Amended 3-28-2016 by Ord. No. 16-019]
(1) 
In addition to the fee above, the fee for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization shall be an additional $3.
(2) 
Any such owner of or person who keeps a dog within the limits of the Township of Manchester may, however, subject to the conditions stated aforesaid, apply for a license which shall have a term of three fiscal years from the date of issuance. The fee for such license shall be $27 for any dog which has had its reproductive capacity permanently altered through sterilization and $36 for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization. The aforementioned fees are nonrefundable upon the acceptance by the Township Clerk. Three dollars and sixty cents to be forwarded to the State Treasurer in accordance with the statute aforesaid. Application for such licenses shall be made during the month of June. No license shall, however, be issued for a period of other than one year, except where the application for such license shall be accompanied by a certification from a licensed veterinarian indicating that the dog to be licensed has been inoculated for rabies and that such inoculation shall immunize the dog to be licensed for the term of the license applied for.
(3) 
The Township of Manchester shall furnish the owner or keeper of each dog with a metal license tag which shall have the dog's number, expiration, and year of issuance and the name of the Township.
(4) 
Any owner or keeper of any dog who does not comply with this act shall be subject to a penalty of up to $50.
(5) 
Any owner or keeper who applies for a license and registration tag after June 30th of each year shall be assessed a late fee of $5.
B. 
Owners or keepers of dogs used as guides for blind persons and known as "Seeing Eye dogs," dogs used to assist handicapped persons and commonly known as "service dogs" and dogs used to assist deaf persons and commonly known as "hearing ear" dogs shall apply for and obtain licenses and registration tags for each such dog as for other dogs hereinabove provided, except that no fees whatsoever shall be paid for the license or the registration tag for such dogs.
[Amended 6-14-2010 by Ord. No. 10-012]
C. 
The owner of any newly acquired dog of licensing age or any dog which attains licensing age shall make application for license and registration within 10 days after such acquisition or age statement.
D. 
Any person who shall bring or cause to be brought into the Township any unlicensed dog and shall keep the same or permit the same to be kept within the Township for a period of more than 10 days, shall immediately apply for a license and registration tag for each such dog, unless such dog be housed in a licensed kennel or pet shop.
E. 
Any person who shall bring or cause to be brought into the Township any dog licensed in another state for the current year, and bearing a registration tag, and who shall keep the same or permit the same to be kept within the Township for a period of more than 90 days, shall immediately apply for a license and registration tag unless such dog be housed in a licensed kennel or pet shop.
F. 
Potentially dangerous dogs.
(1) 
A "potentially dangerous dog" means any dog or dog hybrid declared potentially dangerous by a panel pursuant to the provisions set forth in N.J.S.A. 4:19-16 et seq.
(2) 
The sum to be paid annually on or before January 30 of each year for a potentially dangerous dog license shall be $700.
The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought and whether it is of long- or short-haired variety; and the name, street and post-office address of the owner and the person who shall keep or harbor such dog.
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 collar or harness of a dog for which it was not issued.
[Amended by Ord. No. 98-027]
A. 
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Animal Control Officer for a license entitling him to keep or operate such establishment.
B. 
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the Animal Control Officer, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
[Amended 6-14-2010 by Ord. No. 10-012]
C. 
All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of each year. Such licenses shall be subject to revocation by the Township Council on recommendations of the State Department after the owner has been afforded a hearing by the State Department.
[Amended 6-14-2010 by Ord. No. 10-012]
D. 
Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishment; such licenses shall not be transferable to another owner or for different premises.
[Amended by Ord. No. 98-027; 6-14-2010 by Ord. No. 10-012; 7-24-2017 by Ord. No. 17-009]
The annual license fee for a kennel shall be $100. The annual license fee for a pet shop shall be $100. No fee shall be charged for a shelter or pound.
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.
No person shall hinder, molest or interfere with any person authorized or empowered to perform any duty under this article.
The Township Council shall have the power to appoint an Animal Control Officer or other person or police officer to enforce the provisions of this article.
[1]
Editor's Note: See also Ch. 56, Art. II, Animal Control Officer.
A. 
The Animal Control Officer or other person appointed by the Township shall take into custody and impound or cause to be taken into custody and impound, and thereafter destroyed or disposed of as provided in this article, dogs under the following circumstances:
(1) 
Any dog off the premises of the owner or of the person keeping or harboring the dog which the official or his agent or agents have reason to believe is a stray dog.
(2) 
Any dog off the premises of the person keeping or harboring the dog without a current registration tag on his collar.
(3) 
Any female dog in season off the premises of the owner or of the persons keeping or harboring the dog.
(4) 
Any dog which is found to be annoying persons by continuous barking so as to disturb the peace and quiet of persons living in the immediate vicinity where the dog is harbored.
B. 
If any dog so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or the owner or the person keeping or harboring the dog is known, the Animal Control Officer shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring the dog, if known, a notice in writing stating that the dog has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after the service of the notice.
C. 
A notice under this article 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 post 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. 
When any dog so seized has been detained for seven days after notice, when notice can be given as above set forth, or has been detained for seven days after seizure, when notice has not been and cannot be given as above set forth, and if the owner or person keeping or harboring the dog has not claimed the dog and paid all expenses incurred by reason of its detention, including maintenance not exceeding $4 per day, and if the dog be unlicensed at the time of seizure and the owner or person keeping or harboring the dog has not produced a license and registration tag for the dog, the Animal Control Officer may cause the dog to be destroyed in manner causing as little pain as possible.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Any officer or agent authorized or empowered to perform any duty under this article is hereby authorized to go upon any premises to seize for impounding any dog or dogs which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if the owner is present and forbids the same.
No person shall own, possess or harbor any pet that frequently or for continued duration makes sounds that create a noise disturbance across a residential real property line. For the purpose of this article, a noise disturbance from a barking dog shall be defined as that created by a dog barking continually for 10 minutes or intermittently for 30 minutes unless provoked.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
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 or in any public building or in any other public place within the Township.
B. 
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 nine years and is securely confined and controlled by an adequate leash not more than six feet long.[1]
[1]
Editor's Note: Original Sec. 5-1.17c, authorizing the killing of unmuzzled dogs, which previously followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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.
Any dog which has attacked or bitten any human being, or which habitually attacks other dogs or domestic animals, is hereby defined to be a vicious dog for the purposes of this section. All complaints against dogs shall be investigated by the officer designated under this article. If the officer deems such dog to be a vicious dog, as herein defined, the officer shall report the facts to the Judge of the Municipal Court, who shall thereupon cause the owner or person harboring such dog to be notified in writing of the complaint against such dog, and to appear before the Judge of the Municipal Court at a stated time and place. The Judge of the Municipal Court, at the time set for such hearing, shall inquire into the facts, and give all interested persons an opportunity to be heard, under oath, and to be represented by counsel, and the Judge of the Municipal Court shall decide in accordance with the evidence before him, and if the Judge of the Municipal Court shall decide that such dog complained of is a vicious dog, as defined by this article, notice of such decision shall be given to the owner or person harboring such dog. No dog which has been so determined to be a vicious dog shall be permitted to run at large, or be upon any street or public place, in the Township, except while securely muzzled and under leash, as provided in this article, and the owner or person harboring any such vicious dog who shall suffer or permit such dog to run at large or be upon any street or public place in the Township while not securely muzzled and under leash, shall be guilty of a violation of this article.
All complaints for violation of this article shall be referred either to the Police Department or other official appointed by the Township Council, to carry out the provisions of this article.
The official appointed to enforce this article shall in all instances of violations of any section of this article, except § 101-18 and of such rules and regulations of the State Department of Health and Senior Services covering kennels, pet shops, shelters and pounds, file a complaint in the Municipal Court for such violations whereupon process shall issue either in the nature of a summons or warrant; the warrant may issue without any order of the Court first being obtained against the person so charged; which process if in the nature of the warrant shall be returnable forthwith and when in the nature of a summons shall be returnable in not less than five nor more than 15 entire days. The process shall particularly set forth the section of this article or rule or rules alleged to have been violated by defendant. The Municipal Judge may at all times amend all defects and errors in the complaint and process.
[Amended 6-26-1997 by Ord. No. 97-010[1]]
Any person owning, keeping or harboring any dog which is charged with the violation of any provision of this article shall, for each offense, upon conviction thereof, by the Judge of the Municipal Court, be liable to a fine not to exceed $2,000, imprisonment for a term not to exceed 90 days or community service for up to 90 days, or any combination thereof, in the discretion of the court.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).