[Adopted 12-3-1974 by Ord. No. 1438 as
Ch. V of the 1974 Revised General Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
Except where the context indicates otherwise, any domestic
animal other than a dog as herein defined or any wild life in its
natural state or which has been tamed.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
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.
Any room or groups of rooms, cage or exhibition pen, not
part of a kennel, wherein dogs for sale are kept or displayed.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Any establishment where dogs are received, housed and distributed
without charge.
As defined in N.J.S.A. 4:19-18.
[Added 2-2-1988 by Ord. No. 1743; amended
by 10-1-2013 by Ord. No. 2729-13]
[Amended 10-1-2013 by Ord. No. 2729-13]
No person shall keep or harbor any dog within
the Township without first obtaining a license therefor, to be issued
by the Health Department or other official as designated by the governing
body of the Township upon application by the owner and payment of
the prescribed fee; no person shall keep or harbor any dog within
the Township except in compliance with the provisions of this article.
A.
License, when required. Licenses shall be required
for all dogs of licensing age, including:
(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 90 days.
B.
Application for license.
(1)
Each application for a license under this article
shall give the following information:
(2)
The application shall be accompanied by certificate issued by a veterinarian
or other qualified person administering the inoculation indicating
the dog has been inoculated against rabies and indicating that the
inoculation shall be current through September 30 of the licensing
year when the application is made or the application shall be accompanied
by a certificate approved by the Health Officer from the veterinarian
stating that because of an infirmity or other physical condition the
inoculation of the dog shall be deemed inadvisable for a specific
period of time. At the expiration of such period of time, the person
keeping or harboring the dog shall file with the Health Officer a
current certificate from the veterinarian containing one or the other
of the statements specified above.
[Amended 10-1-2013 by Ord. No. 2729-13]
C.
License record. The information on the application and the accompanying
veterinarian's certificate and registration number issued for the
dog shall be preserved for a period of three years by the Health Department
or other official designated by the governing body of the Township.
In addition, he/she shall forward similar information to the State
Department of Health each month, on forms furnished by the Department.
Registration numbers shall be issued in the order of the applications.
[Amended 10-1-2013 by Ord. No. 2729-13]
D.
Date of license application. Applications for licenses
for dogs which are required to be licensed shall be made within ten
days after such acquisition or age attainment.
E.
Fees.
(1)
The person applying for the license and registration
tag shall pay a fee of $15 for spayed and neutered dogs and $18 for
nonspayed and nonneutered dogs; for each annual renewal, the fee for
the license and for the registration tag shall be as set forth above.
The license and registration tags and renewals thereof shall expire
on the last day of December of each year.
[Amended 9-4-1979 by Ord. No. 1538; 12-15-1981 by Ord. No.
1591; 10-1-2013 by Ord. No. 2729-13]
(2)
The annual license fee for a potentially dangerous
dog license, and each renewal thereof, shall be the sum of $700.
[Added 8-5-1997 by Ord. No. 2038-97]
F.
Exceptions.
(1)
The provisions of this section shall not apply to any dog licensed under § 113-8 of this article.
(2)
Dogs used as guides for blind persons, commonly known
as "Seeing Eye dogs," shall be licensed and registered as other dogs
herein above provided for, except that the owner or keeper of such
dog shall not be required to pay any fee therefor.
A.
License required. Any person who keeps or operates or proposes to
establish a kennel, a pet shop, a shelter or a pound shall apply to
the Health Department or other official as designated by the governing
body of the Township for a license entitling the operating of such
an establishment.
[Amended 10-1-2013 by Ord. No. 2729-13]
C.
Approval of Health Officer. No license shall be issued
until the proposed licensee submits a written statement from the Board
of Health that the establishment or proposed establishment complies
with local and state rules governing the location of and sanitation
at such establishment.
D.
License term; revocation. 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 January of each year and be subject to revocation
by the Township Committee on recommendations of the State Department
of Health or Board of Health of the Township for failure to comply
with the rules and regulations of the State Department or the Board
of Health of the Township governing the same after the owner has been
afforded a hearing by either the State Department of Health or the
Board of Health of the Township.
E.
Individual licenses not required. 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.
G.
Reports to the Health Department. The Health Department or other
official as designated by the Township governing body 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 names and addresses of the licensee
and the type of license issued.
[Amended 10-1-2013 by Ord. No. 2729-13]
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 a leash or in a crate or other safe control.
A.
License fees and other money collected or received
under the provisions of this article, except registration tag fees,
shall be forwarded to the Treasurer of the Township 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, to be used
for the following purposes only: for collecting, keeping and disposing
of dogs liable to seizure under this article; for local prevention
and control of rabies; for providing antirabic treatment under the
direction of the local Board of Health for any person known or suspected
have been exposed to rabies; for all other purposes prescribed by
the statutes of New Jersey governing the subject; and for administering
the provisions of Article 151 of the Laws of 1941.[1] Any unexpected 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 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.
[1]
Editor's Note: See N.J.S.A. 4:19-15.1 et seq.
B.
The registration fee of $1.20 for spayed or neutered dogs and $4.20
for nonspayed or nonneutered dogs shall be forwarded within 30 days
after collection by the Health Department or other official designated
by the governing body of the Township to the State Department of Health.
[Amended 10-1-2013 by Ord. No. 2729-13]
A.
The Animal Control Officer of the Township shall annually cause a
canvass to be made of all dogs owned, kept or harbored within the
limits of the Township and shall report to the Health Department or
other official, as designated by the Township governing body, the
Board of Health of the Township and the State Department of Health
the results of the canvass, setting forth in separate columns the
names and addresses of persons owning, keeping or harboring such dogs,
the number of licensed dogs owned, kept or harbored by each of the
persons, together with the registration number of each of the dogs
and the number of unlicensed dogs owned, kept or harbored by each
of the persons, together with the complete description of each of
the unlicensed dogs.
[Amended 10-1-2013 by Ord. No. 2729-13]
B.
The duties to be performed under this section shall
be under the supervision and control of the Chief of Police.
A.
Causes for impounding. The Animal Control Officer shall take into
custody and impound any dog found running at large upon any public
place or upon private property that is not the property of the dog
owner.
[Amended 10-1-2013 by Ord. No. 2729-13]
B.
Access to premises. Any Animal Control Officer or
agent authorized or empowered to perform any duty under this article
is authorized to go upon any premises to seize for impounding any
dog which he may lawfully seize and impound when such officer or agent
is in immediate pursuit of such dog, except upon the premises of the
owner of the dog if the owner is present and forbids the same. Any
Animal Control Officer or agent authorized or empowered to perform
any duty under this article in respect to other animals is hereby
authorized to go upon any premises to perform the duties when the
officer or agent is in pursuit of such animal, except upon any premises
where the owner of the premises is present and forbids the same.
C.
Notice of seizure. When the owner of an impounded dog is determined
by the Animal Control Officer, the Animal Control Officer shall notify
the owner of the dog that the dog is impounded. The owner of the dog
shall be responsible for any impoundment, boarding or veterinarian
costs associated with the seizure or impounding.
[Amended 10-1-2013 by Ord. No. 2729-13]
D.
Disposition of unclaimed dogs. Dogs that are impounded and unclaimed
for 10 calendar days shall become eligible for adoption or they may
be humanely euthanized.
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 such 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.
No person shall own, keep, harbor or maintain any
dog which habitually barks or cries continuously at any hour of the
day or night.
[Amended 10-7-1980 by Ord. No. 1564]
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
within the Township.
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 of the Township unless such dog is securely confined
and controlled by an adequate leash not more than six feet long. Additionally,
no dog, leashed or unleashed, shall be permitted to enter upon any
basketball, tennis or paddle tennis courts within the Township of
Maplewood.
[Amended 1-17-2017 by Ord. No. 2846-17]
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, flower, grounds or property.
H.
No person owning, keeping, harboring, walking or in
charge of any dog shall cause, suffer, permit or allow such dog to
soil, defile or defecate on any common thoroughfare, street, sidewalk,
passageway, road, bypath, play area, park or 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 private property
in the last instance. When the dog shall defecate on the areas aforesaid,
it shall not be considered a violation of this article if, and only
if, the person owning or in charge or control shall immediately remove
and dispose of all feces thus deposited in a sanitary manner. The
provisions of this section shall not apply to blind persons who may
use dogs as guides.
[Added 6-15-1976 by Ord. No. 1465; amended 9-21-1982 by Ord. No.
1616]
[1]
Editor's Note: Former § 113-13, Pound Master, was
repealed 10-1-2013 by Ord. No. 2729-13.
A.
The Township Committee may, by resolution, appoint one or more Animal
Control Officers and shall fix the compensation and term of office
of such Animal Control Officer. The Animal Control Officer shall perform
the duties herein designated under the direct supervision and control
of the Health Officer.
[Amended 10-1-2013 by Ord. No. 2729-13]
B.
In addition to the enforcement of the provisions relating
to dogs contained in this article, the Animal Control Officer shall
take such measures as he and the Health Officer deem advisable and
appropriate for the control of other animals in order to prevent or
stop the destruction of property by such other animals and to prevent
or stop such other animals from being or becoming a hazard to the
health or safety of persons within the Township and to prevent or
stop them from disturbing the peace and quiet of the neighborhood
in which they shall be kept or found.[1]
[1]
Editor's Note: Former Subsection C, concerning the shooting
and disposition of wildlife, which immediately followed this subsection,
was repealed 10-1-2013 by Ord. No. 2729-13.
[1]
Editor's Note: Former § 113-15, Vicious animals,
added 2-2-1988 by Ord. No. 1743, was repealed 10-1-2013 by Ord. No.
2729-13 as being preempted by N.J.S.A. 4:19.
[Added 6-15-1976 by Ord. No. 1465; amended 10-6-2009 by Ord. No.
2600-09; 11-7-2012 by Ord. No. 2706-12]
[Added 6-15-1976 by Ord. No. 1465; amended 10-1-2013 by Ord. No.
2729-13]
The provisions of this article shall be enforced by the Maplewood
Police Department, the Maplewood Animal Control Officer, the Maplewood
Health Officer and any Township official designated by the Township
governing body.
