Township of Freehold, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Freehold as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 150.
Pets in manufactured/mobile home parks — See Ch. 213.
Shelters for pets — See Ch. 190, §§ 190-125 and 190-133.
Noise from animals — See Ch. 217, § 217-2C.
Inoculation of cats — See Ch. 368, Art. I.
[Adopted 9-14-1960 (Ch. IX of the Revised General Ordinances), as amended through Ord. No. O-98-31]

§ 79-1 Definitions.

[Amended 12-27-2005 by Ord. No. O-05-48]
As used in this article, the following terms shall have the meanings indicated, except that the terms used herein which are defined in N.J.S.A. 4:19-15.1 shall have the meanings given therein:
KEEPER
Any person exercising control over a dog or permitting a dog to remain on premises under his control.
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.
[Added 7-21-2015 by Ord. No. O-15-13]
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein animals for sale are kept or displayed.
[Added 7-21-2015 by Ord. No. O-15-13]
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid which has been declared by a Municipal Judge to be potentially dangerous.
POUND
An establishment for the confinement of animals seized either under the provisions of this chapter or otherwise.
[Added 7-21-2015 by Ord. No. O-15-13]
SHELTER
Any establishment where animals are received, housed and distributed without charge.
[Added 7-21-2015 by Ord. No. O-15-13]
VICIOUS DOG
Any dog or dog hybrid which has been declared by a Municipal Judge to be a vicious dog.

§ 79-2 Licensing provisions.

A. 
When license 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.
(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, markings, whether long- or short-haired and date of currently effective rabies vaccination which must be effective for entire licensure period, except that on a three-year license, the vaccination must be effective through at least October 31 of the last year of the license.
(b) 
Name, street and post office address of the owner of, and the person who shall keep or harbor, the dog.
(2) 
Registration numbers shall be issued in the order in which applications are received.
C. 
Deadline for license application. 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 such calendar year as is applicable. 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. 
Number of dogs permitted. No more than five dogs or cats, or combination thereof, shall be owned or harbored by any person except in a kennel or pet shop duly licensed or in a pound or shelter.
[Amended 12-27-2005 by Ord. No. O-05-48]
E. 
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.
F. 
Fees. Any person applying for the license and registration tag shall pay the yearly fee for such license as provided in Chapter 150, Fees; provided however, that the fee will be reduced for any owner who presents a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered.
G. 
Expiration Date. Each dog license, registration tag and renewal thereof shall expire on the last day of January in each year or every third year if a three-year license has been issued.
H. 
Exceptions. The provisions of this section shall not apply to any dog licensed under § 79-3 of this article. Dogs used as guides for blind persons and commonly 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 be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.
[Amended 12-27-2005 by Ord. No. O-05-48]

§ 79-3 Pet shops, kennels, shelters and pounds.

A. 
License required. Any person who keeps, operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Health Department 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.
[Amended 12-27-2005 by Ord. No. O-05-48]
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. 
Pet shop disclosure.
[Added 7-21-2015 by Ord. No. O-15-13[1]]
(1) 
In addition to the application submitted pursuant to this section, every pet shop shall submit, to the Township Clerk or other official designated to license dogs in the Township, a report providing the following information from the prior year of operation:
(a) 
The name, full street address, e-mail address, if available, and USDA license number of:
[1] 
Any breeder from which the pet shop purchased an animal, whether or not the pet shop offered the animal for sale;
[2] 
Any breeder that bred an animal that the pet shop purchased from a broker, whether or not the pet shop offered the animal for sale; and
[3] 
Any broker from which the pet shop purchased an animal, whether or not the pet shop offered the animal for sale;
(b) 
If a breeder whose identity the pet shop is required to report pursuant to § 79-3C(1)(a) is required to be licensed in the state in which the breeder is located, the breeder's state license number;
(c) 
If a broker whose identity the pet shop is required to report pursuant to § 79-3C(1)(a) is different from any breeder whose identity the pet shop is required to report pursuant to § 79-3C(1)(a), and the broker is required to be licensed in the state in which the broker is located, the broker's state license number; and
(d) 
The total number of animals for each breeder and broker for which the pet shop has reporting requirements in § 79-3C(1)(a).
(2) 
This § 79-3C shall not apply to pet shops submitting an initial license application to the Township.
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsections C through H as Subsections D through I, respectively.
D. 
Approval of Health Officer. No license shall be issued until the proposed licensee receives an inspection and a satisfactory posting from the Health Officer or its designee that the establishment or proposed establishment complies with local and state rules governing the location of and sanitation at the establishment.
[Amended 12-27-2005 by Ord. No. O-05-48]
E. 
License term. All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained and all licenses shall expire on the last day of January of each year.
F. 
License fees. The annual fees for kennel and pet shop licenses shall be as provided in Chapter 150, Fees.
G. 
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.
H. 
Report 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 are issued, which list shall include the name and address of the licensee and the kind of license issued.
[Amended 12-27-2005 by Ord. No. O-05-48]
I. 
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.

§ 79-4 Disposition of fees.

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 section. 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 in the amount as prescribed from time to time by the state for each dog shall be forwarded within 30 days after collection by the Board of Health to the State Department of Health.

§ 79-5 Dog canvass.

[Amended 12-27-2005 by Ord. No. O-05-48]
The Department of Health of the Township shall annually or biennially cause a canvass to be made of dogs owned, kept or harbored within the limits of the Township and shall report to the Health Officer, the Board of Health and the State Department of Health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring dogs, the number of licensed dogs owned, kept or harbored by each person, together with the registration number of each dog; the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.

§ 79-6 Vicious or potentially dangerous dogs.

A. 
Complaint; investigation; report; notification. It shall be the duty of the Police Department and the Animal Control Officer to receive and investigate complaints against dogs. If they reasonably believe any dog complained of to be a vicious or potentially dangerous dog, they shall report their findings in writing to the Municipal Judge.
(1) 
The Animal Control Officer shall notify the Municipal Court and the Municipal Health Officer immediately that he has seized and impounded a dog pursuant to this article, 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, through a reasonable effort, attempt to determine the identity of the owner of any dog seized and impounded pursuant to this article. If its owner cannot be identified within seven days, that dog may be humanely destroyed.
(2) 
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 this article, 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 and or potentially dangerous. This notice shall also 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 with a signed statement within seven days of receipt, the dog may be humanely destroyed.
B. 
Notice; hearing. The Municipal Judge shall notify in writing the owner or keeper of an allegedly vicious or potentially dangerous dog that a complaint has been made and require the person to appear before him at a stated time and place for a hearing.
C. 
Finding to declare dog vicious; grounds.
(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 in N.J.S.A. 4:22-24 and N.J.S.A. 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 municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
(3) 
If the Municipal Court declares a dog to be vicious, and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
D. 
Finding to declare dog potentially dangerous.
(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; or
(b) 
Severely injured or killed another domestic animal and poses a threat of:
[Amended 4-26-2011 by Ord. No. O-11-9]
[1] 
Serious bodily injury or death to a person; or
[2] 
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 the purposes of Subsection D(2)(a), the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
E. 
Control of vicious dogs. No person owning or keeping a vicious dog shall permit the dog to be off the property of the owner or keeper without being securely muzzled.
F. 
Order and schedule for compliance for potentially dangerous dog; conditions. If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:
(1) 
Shall require the owner to comply with the following conditions:
(a) 
To apply, at his own expense, to the Health Officer or other official designated to license dogs pursuant to N.J.S.A. 4:19-15.2, for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number, and red identification tag;
[Amended 12-27-2005 by Ord. No. O-05-48]
(b) 
To 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 pursuant to Subsection F(1)(c) of this section;
(c) 
To immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained, which has sound sides, top and bottom to prevent the potentially dangerous 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 of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to prelude any release or escape of a potentially dangerous 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 municipality in which the owner resides to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
G. 
Procedures for appeal. The owner of the dog, or the Animal Control Officer in the municipality in which the dog was impounded, may appeal any final decision, order, or judgment, including any conditions attached thereto, of a Municipal Court pursuant to 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 of New Jersey 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.
H. 
Liability of owner for costs of impoundment and destruction.
(1) 
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 municipality in which the dog is impounded for the costs and expenses of impounding and destroying the dog. The municipality may establish by ordinance a schedule of these costs and expenses. 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) 
If the dog has bitten or exposed a person within 10 days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.
I. 
Right to convene hearing for subsequent actions of dog. If the Municipal Court finds that the dog is not vicious or potentially dangerous, the Municipal Court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog.
J. 
Duties of owner of potentially dangerous dog. The owner of the potentially dangerous dog shall:
(1) 
Comply with the provisions of N.J.S.A. 4:19-17 et seq. 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 licensing authority, local Police Department or force, and the Animal Control Officer if a potentially dangerous dog is at large, or has attacked a human being or killed a domestic animal;
(3) 
Notify the licensing authority, local Police Department or force, and the Animal Control Officer within 24 hours of the death, sale or donation of a potentially dangerous 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 to a person residing in a different municipality, notify the department and the licensing authority, Police Department or force, and Animal Control Officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner; and
(6) 
In addition to any license fee required pursuant to N.J.S.A. 4:19-15.3, pay a potentially dangerous dog license fee to the municipality as provided by N.J.S.A. 4:19-31.
K. 
Violations by owner; penalties; enforcement; seizure and impoundment of dog; destruction by order of court. The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this article, or to have failed to comply with a court’s order, shall be subject to a fine of not more than $1,000 per day of the violation, and each day’s continuance of the violation shall constitute a separate and distinct violation. The Municipal Court shall have jurisdiction to enforce this section. An Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of N.J.S.A. 4:19-17 et seq., or any rule or regulation adopted pursuant thereto, or a court’s order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.
[Amended 4-26-2011 by Ord. No. O-11-9]
L. 
Potentially dangerous dog registration number, red identification tag and license; issuance; telephone number to report violations; publicity. Each municipality shall:
(1) 
Issue a potentially dangerous dog registration number and red identification tag with a municipal potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he has complied with the court's orders. The last three digits of each potentially dangerous dog registration number issued by a municipality will be the three-number code assigned to that municipality in the regulations promulgated pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify, in writing, compliance with the above.
[Amended 12-27-2005 by Ord. No. O-05-48]
(2) 
Publicize a telephone number for reporting violations of this article. This telephone number shall be forwarded to the State of New Jersey Department of Health and any changes in this number shall be reported immediately to the State of New Jersey Department of Health.

§ 79-7 Impounding and destruction of certain dogs; fees.

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 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 has been determined to be a vicious dog as provided in § 79-6, 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.
(6) 
Any dog or other animal which is suspected to be rabid.
(7) 
Any dog or other animal off the premises of the owner reported to or observed by a Animal Control Officer to be ill, injured or creating a threat to public health, safety and welfare or otherwise interfering with the enjoyment of property.
(8) 
Any dog or dog hybrid which the Animal Control Officer has reasonable cause to believe that the dog or dog hybrid has attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person; or has 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; or has engaged in dog fighting activities as described in N.J.S.A. 4:22-26; or has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
B. 
Administrative and impound fees.
[Added 9-25-2007 by Ord. No. O-07-26]
(1) 
When any dog is seized by the Animal Control Officer, the owner shall be liable to the Township for an administrative fee of $50.
(2) 
When any seized dog is not promptly claimed by its owner and the Animal Control Officer has turned the dog over for impoundment, the owner shall be liable to the Township for reimbursement of the impoundment fee charged to the Township, plus a processing fee of $10.
(3) 
In the event the Township is required to initiate any action to recover any of the fees in this article, all expenses of collection, including reasonable attorney’s fees, shall be the responsibility of the owner.

§ 79-8 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.
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 shall own, keep, harbor or maintain any dog which habitually barks or cries between the hours of 8:00 p.m. and 8:00 a.m.
E. 
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 or private property within the Township without the permission of the owner of such property.
F. 
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 or private property within the Township without the permission of the owner of such property unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six feet long.
G. 
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.
H. 
Curbing of dogs. No person owning, keeping or harboring a dog shall permit or suffer it to soil, defecate on or commit any nuisance on 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 the permission of the owner of such property. The restrictions in this subsection shall not apply to that portion of the street lying between the curblines, which shall be used to curb dogs under the following conditions:
(1) 
The person who so curbs such dog shall immediately remove all feces deposited by such dog by any sanitary method approved by the Board of Health.
(2) 
The feces so removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed in accordance with the provisions of this subsection, in a sanitary manner approved by the Board of Health.

§ 79-9 Dog bites.

Where it has been determined by a physician 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 shall be notified by the police that the dog has bitten any individual or individuals, the owner or keeper of the dog must comply with the following procedures:
A. 
Have the dog examined by a licensed veterinarian within 12 hours.
B. 
Have the dog kept in quarantine in the owner's home or at a kennel for a period of 10 days.
C. 
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.

§ 79-10 Rabies vaccination.

A. 
Vaccination required; exceptions. No person shall own, possess, harbor or have in custody any dog within the Township over six months of age unless it has been vaccinated against rabies by a duly licensed veterinarian. The vaccination shall be repeated with the range of known immunization or annually thereafter and shall consist of the recommended dosage as prescribed by the manufacturer, who shall be duly licensed by the United States Bureau of Animal Industry of the Department of Agriculture. Any dog may be exempted from the requirement of vaccination for a specified period of time by the Board of Health, upon the presentation of a certificate from a duly licensed veterinarian stating that by reason of age, infirmity or other physical condition the vaccination of the dog, for such specified period of time, is contraindicated. Nothing herein contained shall be deemed to require the vaccination of any dog located in and confined to duly recognized and licensed kennels, dog pounds, pet shops, shelters or veterinary hospitals.
B. 
Certificate.[1]
(1) 
Delivery to Health Officer. Any person owning, possessing, harboring or having custody of any dog shall obtain from the veterinarian who vaccinates the dog against rabies a certificate supplied by the Health Officer or on a standard immunization certificate in use by the licensed veterinarian, and shall within 10 days of each vaccination or within 10 days after bringing the dog into the Township, if the dog was vaccinated before being brought into the Township, deliver the certificate to the Township Health Department where it shall be filed with the records of the office.
(2) 
Required before issuance of license. No license required for the owning and keeping of dogs by virtue of any law of the state or the Township shall be issued to any person unless a certificate issued by a duly licensed veterinarian is presented to and filed with the Dog Registrar showing that the dog has been vaccinated against rabies. The certificate shall indicate that the vaccination has been made within four months from the date of the filing of the application for a license.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Free vaccination. The Health Officer is authorized and empowered to provide free vaccination of dogs at a suitable clinic or place designated by him to be conducted by a licensed veterinarian of the State of New Jersey. He is further authorized to make and adopt such rules and regulations not inconsistent with the terms and provisions of this section as he may deem necessary and proper for the enforcement of this section.

§ 79-11 Quarantine.

The Township Committee may, by proclamation, require all dogs and cats to be quarantined during any period in each year which may seem advisable to the Township Committee.

§ 79-12 Appointment of Animal Control Officer. [1]

The Township Committee shall have the power to appoint a Animal Control Officer whose duty it shall be to enforce the provisions of this article.[2] The Animal Control Officer may also impound unlicensed dogs running at large in violation of the provisions of this chapter and shall make a monthly report to the Board of Health.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[2]
Editor's Note: An agreement has been entered into with the Townships of Manalapan and Millstone and the Boroughs of Freehold and Englishtown for the full-time Regional Animal Control Officer to service all the aforementioned municipalities.

§ 79-13 Violations and penalties.

[Amended 4-26-2011 by Ord. No. O-11-9]
Except as otherwise provided in N.J.S.A. 4:19-29, violations of the provisions of this article shall be punishable as provided in Chapter 1, Article II, General Penalty.
[Adopted 2-28-2006 by Ord. No. O-06-6]

§ 79-14 Definitions.

The following terms shall have the meanings indicated:
ANIMAL SOLID WASTE
Waste matter expelled from the bowels of an animal; excrement.
EXOTIC ANIMALS
Any nongame species of mammal, bird, reptile or amphibian not indigenous to New Jersey.
FARM
The meaning as set forth in § 190-3 of Chapter 190, Land Use.
FARM ANIMALS
Refers to those species of animals that are typically raised on a farm as defined in this article, such as livestock and poultry.
FEED
To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
IMMEDIATE
At once, without delay.
PERSON
Includes but is not be limited to individuals, corporations, companies, associations, societies, including nonprofit organizations, firms, partnerships, joint-stock companies, individuals and governmental entities.
PET
Any animal, other than a disability assistance animal, kept for any period of time in or at any residence, sold or retained for the purpose of being kept for pleasure, companionship or utilitarian purposes and not kept for food source.
POTENTIALLY DANGEROUS SPECIES
Any exotic mammals, birds, reptiles or amphibians, or wild animal which, in the opinion of the New Jersey Department of Environmental Protection, Division of Fish and Wildlife (or its successor), is capable of inflicting serious or fatal injuries, or which has the potential to become an agricultural pest, or a menace to the public health, or indigenous wildlife populations, including but not limited to those set forth in N.J.A.C. 7:25-4.8.
PROPER DISPOSAL
Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for treatment and disposal.
WATERFOWL
Any bird that frequents the water, or lives about rivers, lakes, etc., or on or near the sea; aquatic fowl including, but not limited to ducks, geese, swans, herons and egrets.
WILD ANIMAL
Any animal, which is not human nor domesticated, including but not limited to bears, coyotes, deer, feral cats, foxes, groundhogs, opossums, raccoons, skunks, waterfowl, wolves and hybrid wolves.

§ 79-15 Exemptions.

Horses shall be regulated in accordance with § 190-125 of Chapter 190, Land Use.

§ 79-16 Animals permitted on residential property.

The following restrictions shall apply to all areas located in a residential zone within Freehold Township pursuant to §§ 190-125 through 190-143 of Chapter 190, Land Use:
A. 
Housing or storing of farm animals is prohibited unless a location in which the animals are being stored is a farm in accordance with this article.
B. 
Large exotic animals, as determined by the Freehold Township Health Department, and potentially dangerous species are not permitted in residential zones.

§ 79-17 Registration of potentially dangerous species.

A. 
No person shall possess any potentially dangerous species unless such person has first received both the required permit from the New Jersey Department of Environmental Protection in accordance with N.J.A.C. 7:25, Subchapter 4, and has registered with the Freehold Township Board of Health. In registering with the Freehold Township Board of Health, a person seeking to possess any potentially dangerous species must present the permit obtained from the New Jersey Department of Environmental Protection.
B. 
A registration fee as provided in chapter 150, Fees, must be tendered to the Freehold Township Board of Health upon registering such animal with the Township.

§ 79-18 Disposal of pet waste.

A. 
Requirements for disposal. All persons are required to immediately and properly dispose of their pet solid waste deposited on any property, public or private, whether or not owned or possessed by that person.
B. 
Storage of receptacles. At no time may refuse containers be placed closer than 50 feet from a stream or wetland area, as delineated by the New Jersey Department of Environmental Protection.
C. 
Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.

§ 79-19 Wildlife feeding.

A. 
Feeding of wild animals, birds and waterfowl prohibited.
(1) 
No person shall purposely or knowingly, as said terms are defined in Title 2C of the New Jersey Revised Statutes, feed, bait or in any manner provide access to food to any wild animal, birds or waterfowl in Freehold Township, on lands either publicly or privately owned, except as permitted by Subsection B below. This section shall not apply to the feeding of farm animals, nor to confined wildlife (for example, wildlife confined in stables, parks or rehabilitation centers, nor unconfined wildlife at environmental education centers).
(2) 
No person shall purposely or knowingly leave or store any refuse, garbage, food product, pet food, forage product or supplement, salt, seed or birdseed, fruit or grain in a manner that would constitute an attractant to any wild animal or waterfowl.
(3) 
After being advised by the Township to undertake remedial action to avoid contact or conflict with wild animals, no person shall continue to provide, or otherwise fail to secure or remove, any likely food sources or attractants, including, but not limited to, outdoor trash, grills, pet food, bird feeders or any other similar food source or attractant.
(4) 
Nothing in this section shall apply to:
(a) 
Any agent of the Township authorized to implement an alternative control method set forth in any approved community-based deer management plan and possessing a special deer management permit issued by the New Jersey Division of Fish and Wildlife in accordance with the provisions of P.L. 2000, c.46[1]; or
[1]
Editor's Note: See N.J.S.A. 23:4-42.3 et seq.
(b) 
Any hunter engaging in baiting for the purpose of hunting pursuant to a valid hunting license issued in accordance with the provisions of Title 23 of the New Jersey Revised Statutes.
B. 
Feeding of songbirds and other backyard birds permitted. Feeding of songbirds and other backyard birds shall be permitted outdoors at such times and in such numbers that:
(1) 
Such feeding does not create an unreasonable disturbance that affects the rights of surrounding property owners and renders other persons insecure in the use of their property;
(2) 
Does not create an accumulation of droppings on the property and surrounding properties; and
(3) 
Does not become an attractant for rodents or other wild animals.

§ 79-20 Waiver.

Any individual may seek a waiver from full or partial compliance with any section of this article by filing a written request for a waiver with the Freehold Township Board of Health. The Board of Health shall have 45 business days from receipt of the waiver request to issue a written decision either granting or denying the request. A granting of a waiver shall not serve to cure any violations issued by any entity within the Township prior to the issuance of such written notification, nor shall the granting of any waiver request be effective until and unless written notification is issued by the Board of Health.

§ 79-21 Public health nuisance.

Any animal owned or harbored in accordance with this article must be kept and maintained so as not to create a public health nuisance as determined by the Township of Freehold in accordance with the criteria set forth in N.J.S.A. 26:3-45 et seq.

§ 79-22 Enforcement.

A summons alleging a violation of this article may be issued by the Freehold Township Code Enforcement Officer, the Freehold Township Health Officer or designee or by the Freehold Township Police Department. Alternatively, any individual may file a complaint with the Freehold Township Municipal Court, which shall issue a summons in accordance with the New Jersey Rules of Court.

§ 79-23 Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this article shall, upon conviction, be subject to a penalty as stated in Chapter 1, Article II, General Penalty. Each and every day in which a violation of any provision of this article exists shall constitute a separate violation.