[Adopted 3-25-2008 by Ord. No. O-9-2008]
The words hereinafter defined shall have the meanings herein
indicated for the purposes of this article as follows:
Any person/firm designated by the Township to implement the
enforcement of this article.
[Amended 9-23-2008 by Ord. No. O-22-2008]
Any dog, both male and female, or dog hybrid.
When applied to harboring a dog, to provide a home or habitat
for.
When applied to proprietorship of a dog, a person having
a right of property in such dog who himself or herself does not reside
on the same lot or within 500 feet of the property tax block and lot
where such dog is harbored.
When applied to the proprietorship of a dog, every person
having a right of property in such dog and every person who has such
a dog in his or her keeping.
A.
The Franklin Township Committee has responded to citizen complaints
regarding dogs being harbored at several properties in Franklin Township,
while the owners of such dogs reside outside the Township.
B.
Members of the Franklin Township Committee, the Franklin Township
Police Department, Zoning Officer, Solicitor and other Township officials
have investigated these properties and have found that these dogs
often pose a nuisance to the residents of surrounding properties as
they are often left unattended for large periods of time with no one
to prevent their uncontrolled barking.
C.
In addition to disrupting neighboring residents from the quiet enjoyment
of their own property, these dogs themselves are often left without
adequate food, water and shelter for extended periods of time with
no one to tend to them, leaving them at risk for injury, sickness,
and other harm.
D.
It is in the best interest of the residents of the Township of Franklin
and in the best interest of the health, safety and humane treatment
of dogs that certain regulations be adopted regarding unattended dogs
in Franklin Township.
No person shall keep a dog or dogs in the Township of Franklin
who does not himself or herself reside within the same tax block and
lot or within 500 feet of such dog or dogs on a neighboring tax block
and lot.
Franklin Township recognizes the need of small businesses to
use dogs to protect their business and therefore business owners shall
be allowed to apply for a permit to keep dogs on business property,
despite the fact that they do not reside where the dog is harbored
and may be granted such permit from the Chief of Police of the Township
of Franklin upon good cause being shown, such as that dog(s) is the
principal agent of protection and prevention against burglary, trespass
or other felony.
[Amended 9-23-2008 by Ord. No. O-22-2008]
Any dog(s) found to be harbored upon a property where no owner
resides or where no owner resides within 500 feet thereof, and where
no permit has been granted for the keeping of dogs upon such property
without an owner, shall be deemed to be in violation of this article
and may be reported to the Franklin Township Police Department, and/or
the Animal Control Officer for further investigation and possible
removal by the Animal Control Officer upon proper application and
hearing by the Municipal Court Judge for an order granting removal
of the identified dogs from the premises of an owner found to be in
violation of this article.
Before removal, the owner of any dog in violation of this section
shall be served a municipal complaint advising that the dog shall
not be kept unattended at the place where the dog is currently residing
and that the dog will be seized and will be liable to be offered for
adoption or destroyed if action is not taken to remedy the situation
within seven days after the service of the notice. Each notice shall
contain the date and time that the owner is to appear before the Municipal
Court Judge for a hearing where he or she will be given the opportunity
to be heard regarding penalties and the disposition of the dog(s).
Notice shall be served in the same manner as motor vehicle summons
may be served, at the registered address of the dog if the dog is
so registered, or if there is no registered address then notice shall
be served upon the owner of the property upon which the dog is residing
as the presumed owner of such dog(s).
Every person on whom a notice is served shall respond to be
heard by the Municipal Court Judge at a hearing to determine the proper
disposition of the dog(s) in question and any appropriate fines and/or
penalties to be assessed against its owner.
[Amended 9-23-2008 by Ord. No. O-22-2008]
The Animal Control Officer is vested with the authority to remove
any dog of a nonresident owner as such dog constitutes the property
of a Franklin Township resident and that property may be taken in
order to preserve the health and safety of both the dog and the residents
of the Township of Franklin should such remedy be determined by the
Judge at a Municipal Court hearing to be appropriate.
Any person found in violation of any provision of this article
shall be subject to a fine of not less than $100 but not more than
$1,000, or imprisonment not to exceed 90 days, or both. Such fine
and imprisonment shall be at the discretion of the Municipal Court
Judge of the Township of Franklin.
[Amended 9-23-2008 by Ord. No. O-22-2008]
If dogs are removed, the costs of sheltering, caring for, treating,
and, if necessary, destroying a dog, including veterinary expenses
therefor, until the dog is adjudged forfeited and sold, liberated,
or disposed of, shall be borne by the owner of the dog. Should such
costs be incurred, the Animal Control Officer shall certify such costs
to the officer or officers whose duty it is to assess and levy the
taxes of the Township of Franklin and those costs shall thereupon
be charged against such lands and premises and become a first and
paramount lien upon said lands and premises and shall be added to
and become and form a part of the taxes assessed against said lands
and premises and shall be collected with and in the same manner as
the taxes next to be assessed and levied upon said lands and premises,
the same to bear interest at the same rate as taxes, and shall be
collected and enforced by the same officers and in the same manner
as taxes.
