Township of Mantua, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mantua as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals in parks — See Ch. 291.
[Adopted 7-19-2010 by Ord. No. O-11-2010.[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 120, Animals, which consisted of the following: Art. I, Dogs, adopted 12-9-1941 (Ch. 71 of the 1978 Code), as amended; Art. II, Classification of Animals, adopted 10-13-1981 (Ch. 72, Art. I, of the 1978 Code), as amended; Art. III, Swine, adopted 10-13-1981 (Ch. 72, Art. II, of the 1978 Code), as amended; and Art. IV, Cats, adopted 9-27-1988 (Ch. 73 of the 1978 Code), as amended.

§ 120-1 Title.

This chapter shall be known as the "Mantua Township Animal Control Ordinance."

§ 120-2 Definitions.

The words hereinafter defined shall have the meanings herein prescribed for the purposes of this article as follows:
ABANDONED ANIMAL
An animal of any age which has been left unattended, unclaimed, unlicensed or at large for a period of 72 hours or more.
ALTERED OR STERILIZED
Any method utilized to prevent reproduction of a dog or cat.
ANIMAL
For the purposes of this article, refers to a dog, cat or domesticated animal.
ANIMAL HOUSING
A structure used for housing an animal outdoors on private property or business property.
APARTMENT COMPLEX
A multiple dwelling containing six dwelling units or more.
AT LARGE
An unrestrained animal off the premises of the owner.
CAT
Any animal of the feline species (Felis catus).
COMMERCIAL KENNEL
An establishment for the treatment, care, boarding or training of dogs or cats for a fee, or a place where dogs or cats are bred for resale or for a fee; and where the business is the primary source of income; and where such establishment has been currently inspected and approved for use by the Gloucester County Health Department and any other applicable state agencies.
DOG
Any animal of the canine species (Canis familiaris), except dingoes.
DOG OR CAT OF LICENSING AGE
Any dog or cat which has attained the age of six months or which possesses a set of permanent teeth.
DOMESTICATED ANIMAL
An animal tamed and adapted to live in close association with and to the benefit of humans.
LEASHED
Restrained by a leash no greater than six feet in length, attached to a collar or harness of sufficient strength to restrain the animal and which shall be held by a person having the ability to control the animal at hand.
LIVESTOCK
Including but not limited to horses, ponies, donkeys, mules, miniature breeds and all other equine; domestic and exotic pigs, hogs and all other swine; cattle, goats, sheep and all other bovine; llamas, alpacas, camels and all other camelids; chickens, ducks, geese, guinea hens, peacocks, turkeys, emus, rheas and all other poultry and fowl; and all other animals traditionally raised for food, fiber, fur or production means.
LIVESTOCK RUNNING AT LARGE
Any livestock situated upon any public street, public right-of-way, park or any other public place while unrestrained; or situated upon any private property, including the property of the livestock owner, while not restrained by a sufficient fence, enclosure or tether.
OWNER
Any person having a right of property in any animal, or any person who has an animal in his/her custody, or any person offering or allowing access to food, water or shelter to an animal, or any person exercising control over an animal or permitting, allowing or suffering an animal to remain on premises under his/her control, or anyone who takes an animal out into the public streets, sidewalks or public ways.
PERSON
An individual, partnership, corporation or other entity.
PET SHOP
Any store, place or establishment where pet animals are held for sale at either wholesale or retail with the intent of making a profit.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to Section 7 of P.L. 1989, c. 307 (N.J.S.A. 4:19-23).
PROPERTY
A block and lot with an occupied dwelling unit or dwelling units on it.
SERVICE DOG
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 and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
SHELTER
An establishment for the confinement of dogs or cats seized under the provisions of this article.
STRAY ANIMAL
An animal having no known owner or custodian or having no owner information or identification attached.
TETHER
To confine an animal with rope, chain or similar material by which an animal is fastened so that it is able to range or feed only within certain limits.
TOWNSHIP OFFICIAL
Any Township Code Enforcement Official, Township Police Department officer, Gloucester County Animal Control Officer, Township Clerk or any other official or person assigned or designated by Mayor and Committee.
VICIOUS DOG
Any dog or dog hybrid declared vicious by a municipal court pursuant to Section 6 of P.L. 1989, c. 307 (N.J.S.A. 4:19-22).

§ 120-3 Permitted number of dogs and/or cats.

A. 
Number of dogs/cats permitted. A property within the Township shall be limited to three dogs and three cats, with the exception of those having a valid commercial kennel license.
B. 
Grandfather clause. Notwithstanding Subsection A of this section, an owner who, as of the date of adoption of this article, should possess more than three dogs and/or three cats shall be permitted to keep and maintain said number of dogs and/or cats as long as all such dogs and/or cats are properly licensed and altered or sterilized in accordance with the requirements of this article as of that date. An owner shall be entitled to maintain the presently existing number of dogs and/or cats greater than the number permitted by this article until such dog and/or cat dies or is otherwise transferred out of the Township. When one of the number of dogs and/or cats in excess of the number permitted by this article shall die or be transferred out of the Township, such animal may not be replaced unless and until the number of dogs or cats owned or possessed by said owner is in compliance with this article.
C. 
Application for waiver. An owner desirous of owning and maintaining a number of dogs or cats in excess of that permitted by this article shall have the right to make application to the Township Board of Health for a waiver of the maximum number of animals permitted under this article. The application for a hearing before the Board of Health must be submitted not less than 10 days prior to a regularly scheduled Board of Health meeting, with notice published in the official newspaper of the Township not less than 10 days prior to said meeting, and giving written notice to all property owners within 200 feet of the applicant's property. The applicant shall obtain a certified list of all property owners within 200 feet of his/her property from the Township Tax Assessor's office.
(1) 
Type of notice. Notice must be made to all property owners within 200 feet of the applicant's property by regular and certified mail, return receipt requested, with proof of service being presented to the Board of Health at the time of the hearing with an affidavit setting forth that the mailing has been made to the appropriate property owners.
(2) 
Form of notice. The notice shall set forth the following:
(a) 
Name and address of the applicant.
(b) 
The address and lot and block number of the household or dwelling unit for which the applicant is requesting a number of dogs and/or cats in excess of the chapter requirement.
(c) 
The nature of the waiver requested, setting forth the number of dogs and/or cats total and the number of dogs and/or cats requested in excess of the chapter requirement.
(d) 
The date, time and place of the hearing before the Board of Health.
(3) 
Considerations for granting of waiver, burden of proof and vote. By majority vote of a quorum of the Board of Health, the Board may grant or deny an application for a request for a waiver based upon a preponderance of evidence that the applicant has demonstrated good cause for the granting of such waiver. In examining whether or not a waiver should be granted, the Board of Health shall consider the following:
(a) 
The size of the property of the applicant where the dogs and/or cats are intended to be kept.
(b) 
The distance between the location of where the dogs and/or cats are intended to be kept on the applicant's property and the physical location of an adjacent property owner's home or dwelling unit.
(c) 
Whether the applicant's household is an apartment, condominium or townhouse or a single-family detached dwelling.
(d) 
Whether the applicant's property is fenced so as to shield the cats and/or dogs from the sight of the surrounding property owners.
(e) 
Whether the dogs and/or cats are kept in the applicant's home or remain primarily outside of the applicant's home.
(f) 
The breed and size of each dog or cat.
(g) 
Any prior history of complaints filed against the applicant for violation of this article, or any previous ordinances pertaining to animal control, or any violation of state statutes pertaining to animal cruelty.
(h) 
The zoning district of the applicant's property.
(i) 
Whether the dogs and/or cats serve some purpose related to the applicant's use of his/her property, i.e., whether the dogs are utilized for security, or cats utilized for rodent control.
(j) 
For other such reasons as the Board may feel appropriate to consider according to the case, facts and circumstances presented to the Board.
(4) 
State number of dogs and/or cats. Should the Board grant the applicant's request for a waiver, the Board shall set the number or dogs and/or cats permitted for the applicant's household or dwelling unit in excess of that permitted by the chapter.
(5) 
Revocation of waiver. A waiver granted by the Board of Health to an applicant for a waiver may be revoked by the Board by proper application made by a Township official, member of the Township Police Department or an individual by making application to the Board of Health at least 10 days prior to a Board of Health meeting and by serving notice upon the owner by regular and certified mail, return receipt requested, of the application for revocation of the waiver. The notice shall also include a factual basis for the requested revocation. A hearing shall then be held by the Board of Health on the application for revocation. The Board will evaluate the application for revocation of waiver based upon the same criteria previously set forth herein under Subsection C(3)(a) through (j) of this section.

§ 120-4 Licensing and vaccination requirements; exemptions.

A. 
License requirement. No person shall own, keep, harbor or maintain any dog or cat over six months of age within the Township unless such dog or cat is licensed. The provisions of this section do not apply to dogs or cats held by a state or federally licensed research facility, a veterinary establishment, shelter, pound, licensed commercial kennel, or pet shop. No dog or cat may be licensed without proof of vaccination as detailed below.
B. 
Dogs or cats subject to the licensing requirement. Any dog or cat is subject to the following licensing requirements:
(1) 
Any dog or cat acquired by any person during the course of any calendar year and kept within the Township for more than 10 days after acquisition.
(2) 
Any dog or cat attaining licensing age during the course of the calendar year.
(3) 
Any unlicensed dog or cat brought into the Township by any person and kept within the Township for more than 10 days.
(4) 
Any dog or cat licensed by a borough or municipality of another state brought into the Township by any person and kept within the Township for more than 90 days.
C. 
Previously licensed pets. Only one license and registration tag shall be required in any licensing year for any dog or cat owned in New Jersey, and a license and tag issued by any other municipality in this state shall be accepted by the Township as evidence of compliance with this section. However, upon the expiration of the license for that dog or cat issued by another municipality of this state, said dog or cat shall be so licensed in accordance with this article. The owner of any such dog or cat shall provide to the Township a copy of the license which was issued by the other municipality.
D. 
Licensing fees.
(1) 
All dogs and cats within the limits of the Township shall be licensed in accordance with New Jersey statutes, and the licensing fee therefor shall be as follows:
(a) 
For altered or sterilized dogs or cats: $10.
(b) 
For nonaltered or sterilized dogs or cats: $13.
(c) 
Service dogs: fee waived.
(d) 
Pet shop: $10.
(e) 
Commercial kennel, 10 or fewer dogs: $10.
(f) 
Commercial kennel, more than 10 dogs: $25.
(g) 
A dog deemed as a potentially dangerous dog: $700.
(2) 
A late fee of $10, in addition to the fees set forth above, shall be imposed upon an owner where a dog or cat within the Township limits qualifying for a license on the first day of each year is not licensed on or before the first day of May of each calendar year. May 1 corresponds with pet shop licensing (N.J.S.A. 4:19-15.8d) and is after the rabies clinic, which has been moved to April.
E. 
Vaccination. All dogs and cats within the Township shall be vaccinated against rabies in accordance with the following:
(1) 
Vaccination shall be performed by a veterinarian licensed to practice in the State of New Jersey. The vaccine used shall be from a manufacturer licensed by the Bureau of Animal Husbandry of the United States Department of Agriculture or such other agency as shall be approved by the State Department of Health. The dosage shall be as recommended by the manufacturer. All dogs and cats shall be revaccinated before the expiration of the period of time for which the vaccine used is known to be effective.
(2) 
The Health Officer may exempt any dog or cat from the provisions of this subsection if there is presented to him/her a certificate from a licensed veterinarian stating that it would be undesirable to vaccinate a particular dog or cat for a specified period of time because of the animal's age, infirmity or other physical condition.
(3) 
No vaccination shall be required for any dog or cat confined to a licensed kennel, pet shop, shelter, pound or veterinary hospital.
(4) 
The fact that a dog or cat has been vaccinated against rabies shall be evidenced by a certificate from the veterinarian performing the vaccination. The certificate shall either be on a form approved by the Health Officer or a state or county board of health officer or a standard immunization certificate shall be used by the veterinarian. The certificate shall be presented to the Health Officer within 10 days after each vaccination. In the case of dogs or cats vaccinated before being brought into the Township, the certificate shall be presented to the Health Officer within 10 days after the animal is brought into the Township.
(5) 
No dog or cat license shall be issued until the certificate indicating that it has been vaccinated against rabies or the certification that it is not necessary to vaccinate the dog or cat is endorsed by the Gloucester County Health Officer or other designated person has been presented to the Township Clerk.
F. 
Wearing of collar and registration tag. All dogs and cats for which licenses are required by the provisions of this article shall wear a collar or harness with the registration tag for such dog or cat securely fastened to it. No person, except an appropriate officer in the performance of his or her duties, shall remove a registration tag from the collar of any dog or cat without consent of the owner, nor shall any person attach a registration tag to a dog or cat which was not issued in accordance with this article.

§ 120-5 Licensing violations.

Any dog or cat owner who shall suffer, allow or permit any licensed or unlicensed dog, or licensed or unlicensed nonaltered or nonsterilized dog or cat to run at large without the tag as provided by law shall be guilty of a violation of this article.

§ 120-6 Potentially dangerous dogs.

A. 
If the municipal court declares any 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 the owner's expense, to the Township Clerk or other official designated to license dogs pursuant to Section 2 of P.L. 1941, c. 151 (N.J.S.A. 4:19-15.2), for a special Township potentially dangerous dog license, Township registration number and red identification tag issued pursuant to Section 14 of this act. The owner shall, at his 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, Township registration number and red identification tag.
(b) 
To display, in a conspicuous manner, a sign on the owner's 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 A(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 preclude 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, be 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 Township 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 Township 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.
B. 
Appeal of decision. The owner of the dog, or the animal control officer in the Township 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 P.L. 1989, c. 307 (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.

§ 120-7 Outdoor maintenance of animals.

A. 
General requirements. No person shall at any time cause or allow any dog, cat or domesticated animal to be kept outside on private or public property within the Township, except that:
(1) 
The animal shall have access to and be provided with suitable and edible food of sufficient quantity on a daily basis and replenished at a minimum of every 12 hours.
(2) 
The animal shall at all times have access to and be provided with clean water (cool in summer and unfrozen in winter).
(3) 
The animal shall have access to an area to defecate or urinate separate from the areas where it must eat, drink or lay down.
(4) 
Fecal matter must be removed on a daily basis and within 12 hours of being deposited.
(5) 
The primary area where the animal is kept must be located behind the principal dwelling on the property.
(6) 
It shall be prohibited to allow any dog, cat or domesticated animal to be kept outdoors at any vacant structure or premises at any time.
B. 
Animal housing. No person shall keep, use or maintain a dog, cat or domesticated animal outdoors on any premises unless such animal has access to housing meeting all of the following requirements:
(1) 
The housing shall be provided with five weatherproof sides, including a top, a bottom and a minimum of three sides. The housing must have an entrance covered by a self-closing swinging door or covering or an "L" shaped entrance to prevent the wind and elements from entering the house.
(2) 
The housing must be moisture proof, weather tight and maintained in good repair.
(3) 
The housing must be placed in a dry area free of debris, feces and standing water.
(4) 
The housing area shall be maintained in a clean and sanitary condition.
(5) 
If multiple animals are present in one location, each animal must have separate and clean housing.
(6) 
Situated no less than 10 feet from any adjacent property line and in accordance with applicable zoning requirements.
C. 
Restraints. In addition to the housing requirements of Subsection B, no person shall keep, use or maintain a dog, cat or domesticated animal outdoors on any premises unless such an animal is either tethered in accordance with Subsection D, or kept within a fence in accordance with Subsection E.
D. 
Tethering. The fastening, chaining, tethering or other restraint system (other than a fence) of any dog, cat or domesticated animal must meet all of the following requirements:
(1) 
Any restraint system shall be situated and terminate no less than 10 feet from any adjacent property boundary.
(2) 
Any restraint system must be situated and terminate no less than five feet from any fence, pool, wall, vehicle, tree, or any other object or obstruction upon which any animal may harm itself.
(3) 
The tether is to be constructed of a secure, lightweight material that shall not exceed 1/8 of said animal's total body weight.
(4) 
The animal must be provided with a properly fitting harness or buckle-type collar. Such collar attaching the tether to the animal shall be constructed of leather, nylon or comparable material. Said collar shall be maintained in good condition. Metal and choke collars are prohibited.
(5) 
The tether shall be at least 15 feet in length and not less than 3 1/2 times the length of the animal, whichever is longer, as measured from the animal's nose to the base of its tail.
(6) 
The tether shall be provided with swivels at both ends and shall be maintained tangle free.
(7) 
Tethered animals must be altered or sterilized.
(8) 
The tethered animal shall have access to adequate Animal Housing in accordance with Subsection B of this article.
(9) 
It shall be prohibited to tether any animal less than six months of age.
(10) 
It shall be prohibited to tether animals to barrels, vehicles, any object which is not stationary, or other objects which may harm or injure the animal.
(11) 
The tether area must be kept clean and clear of any debris that may harm or cause any dog or cat to become entangled.
(12) 
Any owner who chooses to tether a cat must comply with the above standards.
E. 
Fencing. A fence for the purpose of restraining any dog, cat or domesticated animal must meet all of the following requirements:
(1) 
The animal confined within a fence must have adequate space for exercise and movement, which shall not be less than 100 square feet.
(2) 
The fencing shall be constructed and maintained as to prevent the animal from leaving or escaping the fenced area and to prevent other animals from entering the fenced area.

§ 120-8 Nuisances; prohibited acts.

A. 
Habitual barking. No person shall own any dog which habitually cries or barks in a manner which would annoy or disturb a reasonable person. An "annoyance or disturbance," for the purpose of this section, shall be defined as barking, howling or crying continuously for a period of 10 minutes or more or intermittently for 30 minutes or more. A violation of this section shall subject the owner of the offending dog to the penalties for a violation of this article.
B. 
Running at large; leash required; certain public places prohibited. No person owning a dog or cat shall permit it to run at large upon the public streets, public parks, public buildings or in any other public place within the Township nor permit a dog to run at large upon private property without the permission of the owner. No person owning a dog shall permit it upon the public streets or in any other public place in the Township unless the dog is properly displaying a tag as required and accompanied and controlled by a person over the age of 10 and is securely fastened to a leash. Notwithstanding the provisions of this section, it shall be a violation of this article for any person owning, keeping or harboring any dog to suffer or permit such dog, whether on a leash or not, to be upon any parks, recreation or athletic fields owned, maintained or operated by the Township or upon any property owned, maintained or operated by the Board of Education of the Township.
C. 
Damage to property prohibited. No person owning or in control of a dog or cat shall allow it to damage any lawn, shrubbery, flowers or grounds of any public park, public building or other public place within the Township or upon any private property.
D. 
Damage or injury to other property, pets or persons prohibited. It shall be a violation of this article for an owner of a dog or cat to suffer, allow or permit the following prohibited acts:
(1) 
Bite, chase, jump upon, interfere with or otherwise impedes pedestrian traffic or the mobility of any person on public property or within a public sidewalk or right-of-way.
(2) 
Chase, leap upon, interfere with or otherwise impede the progress of any bicyclist or other person utilizing self-powered transportation or motor vehicle or motorized transportation on any public or private road, public property or within a public right-of-way vehicle.
(3) 
Barks, growls or otherwise displays aggressive behavior towards a human being and places in such person a reasonable apprehension of bodily harm or injury.
(4) 
To destroy or damage any structure or equipment on any public park, public building, other public place or upon any private property.
E. 
(Reserved)
F. 
Defecation on public or private property prohibited; exception.
(1) 
No person owning, harboring, keeping or in charge of any dog or cat shall cause, suffer or allow such a dog to soil, defile or defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypass, park, open space area 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 the property.
(2) 
Notwithstanding anything contained in Subsection F(1) to the contrary, the restrictions as set forth above shall not apply to that portion of the street lying between the curblines which shall be used to curb such dog upon the following conditions:
(a) 
The person who curbs the dog shall immediately remove feces deposited by the dog by a sanitary method, such as in a sealed, nonabsorbent, leakproof container (i.e., plastic bag).
(b) 
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed in a sanitary manner but shall not be placed in a public trash receptacle or storm drain.
(3) 
Any owner or person in custody of any dog or cat being walked upon any common thoroughfare, sidewalk, street, passageway, path or any place where people congregate must have in their possession a sealed, nonabsorbent, leakproof container as described in Subsection F(2)(a) above, and appropriate materials or devices to remove feces deposited by the animal. The failure to possess such container and materials to clean up feces deposited by the animal shall constitute a violation of this article.
(4) 
The requirements of this section shall not apply to the owner of any dog when said dog is utilized as a guide for any person or owner who is legally blind.
G. 
Placement of food outside a residence without a licensed pet prohibited. No person shall place food for dogs or cats outside of their home unless they are the owner of a licensed dog or cat and such food is intended solely for their dog or cat and such food shall be discreetly placed in a manner so as to not attract stray or undomesticated animals.

§ 120-9 Impounding of dogs and cats.

A. 
Impounding, right of entry and notice to owner.
(1) 
Any Township official or agent of the Gloucester County Animal Control are empowered to perform any duty under this article is hereby authorized to take into custody and impound any of the following dogs or cats:
(a) 
Any dog or cat off the premises of the owner which such appropriate officer has reason to believe is a stray.
(b) 
Any dog running at large upon the public streets, public parks, public buildings or in any other public place within the Township.
(c) 
Any dog or cat off of the premises of the owner without a current registration tag on its collar.
(d) 
Any female dog in season off of the premises of the owner.
(e) 
Any cat that has not been altered or sterilized.
(2) 
If any dog or cat impounded and seized that is wearing a registration tag attached to its collar or harness, having inscribed on it or attached to it the name and address of any person or the owner of the dog, a notice shall be given in writing and served on the premises of the person or owner within 24 hours of the seizure stating that the dog or cat 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. Notice may be served either by delivering it in 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 dog or cat's collar or by forwarding it by mail in a prepaid letter addressed to that person at such address.
(3) 
Any officer authorized or empowered to perform any duty under this article is hereby authorized to go upon any premises to seize for impounding any such dogs or cats when such officer is in immediate pursuit of such animal.
B. 
Destruction of impounded dogs or cats. When any dog or cat has been detained for seven days after notice as set forth above has been given, or has been detained for seven days after seizure when notice has not been given due to the owner of such animal being unknown, and that the owner or person keeping or harboring the dog or cat whose name is on the tag of the registration has not claimed the dog or cat and paid all expenses incurred by reason of its detention, including any applicable redemption, maintenance or other fees, and the appropriate licensing fees paid in full and proof of vaccination produced, the dog or cat may be destroyed in an appropriate and humane manner or may be adopted by a responsible party. All fees as set forth herein may be paid directly to the agent of the Gloucester County Animal Control empowered to receive such fees.

§ 120-10 Quarantine of animals.

A. 
Biting of person by dog or cat. When any dog or cat bites a person, the Township official and/or the agent of the Gloucester County Animal Control may order the owner of the dog or cat to confine it, either on the owner's premises, or at any other reasonable location, at the owner's sole cost and expense, which the Township official and/or agent of the Gloucester County Animal Control shall designate, for a period of not less than 10 days.
B. 
Examination of confined animal. The County Health Officer, Officer of the County Health Department, agent of the Gloucester County Animal Control or Township official shall have the right to examine any dog or cat confined under the provisions of Subsection A herein at any time, including daily examinations for a period of 10 days after the dog or cat has attacked or bitten any person, to ascertain whether the animal shows signs or symptoms of rabies.
C. 
Release of animals confined. Following the passage of 10 days as required by Subsection A herein, any animal so quarantined shall be released, but only upon the issuance of a certificate of release which shall indicate that the animal appears to be healthy and free from rabies. Said certificate shall be maintained by the appropriate Township official, and a copy shall be provided to the owner and individual bitten by the animal upon its release.

§ 120-11 Livestock running at large.

A. 
Any person, partnership or corporation which keeps livestock for any purpose within the Township of Mantua is hereby prohibited from permitting said livestock from running at large.
B. 
Fencing requirements. A fence measuring at least four feet high from the surface of the earth and sufficiently enclosed and strong enough to prevent livestock from escaping is hereby required wherever livestock is kept. If any livestock escapes from within the confines of any fence it shall be presumed that such fence has not met the provisions of this article. Any owner or lessee of the land on which such fence is located is subject to the requirements of this section.

§ 120-12 Pet Registrar.

A. 
The Township Committee shall on an annual basis at its reorganization meeting appoint a Pet Registrar for a period of one year ending December 31, 2010. "Pet Registrar" is defined as a person duly appointed by the Township Committee of the Township of Mantua to oversee the annual registration of dogs and cats which are harbored in the borders of the Township of Mantua and also oversee the biannual pet census as required by state and county laws. The term is for one year with compensation being approved by the Township of Mantua from the Dog and Cat Dedicated Trust.
B. 
The Pet Registrar shall be in charge of the registration of dogs and cats harbored in the Township of Mantua annually.
C. 
The Pet Registrar shall annually create and have distributed to dog and cat owners notice of requirements for the annual registration of cats and dogs harbored in the Township of Mantua.
D. 
The Pet Registrar shall collect all fees associated with the registration of cats and dogs harbored in the Township of Mantua and create the monthly state and finance report.
E. 
The Pet Registrar shall annually create and order all dog and cat tags to be distributed.
F. 
The Pet Registrar shall share and have shared information about dog and cat matters with the Mantua Township Code Enforcement Officer, Mantua Township Municipal Court, Mantua Township Police Department and the Gloucester County Animal Control Officer.
G. 
Provide pet registration to the County of Gloucester annually and any other governmental agency as requested and approved for by the Township Solicitor.
H. 
Coordinate with the Mantua Township Board of Health for the annual free rabies clinic and provide services for the day of the clinic for the registration of pets.
I. 
The ordering of all supplies for the process of registering pets.
J. 
Any and all other duties as prescribed to this position.
K. 
The compensation shall be set by the Township Committee, to which said compensation shall come from the dedicated trust fund for these purposes.
L. 
Pets seized by the Gloucester County Animal Control will be under the rules and regulations set forth by said agency, to also include fees and any other rules and charges applying to the seizure and detaining of the pet.

§ 120-13 Animal Control Officer.

A. 
The Township Committee of the Township of Mantua shall have the power to appoint some suitable and fit person or corporation to be known as the "Animal Control Officer," and it shall be the duty of the Animal Control Officer, in addition to the implied duties hereby conferred, to carry out the provisions of and enforce this article.
B. 
The Animal Control Officer shall receive compensation as determined by the Township Committee from the Pet Dedicated Trust Fund.

§ 120-14 Biennial canvass.

The Animal Control Officer, Township Clerk or other official designated by the Township Committee shall cause a biennial canvass to be made of all dogs owned, kept or harbored within the limits of the Township of Mantua.

§ 120-15 Disposition of fees collected.

A. 
License fees received under the provisions of this article shall be forwarded to the Treasurer of the Township within 30 days after collection or receipt and shall be placed in an account separate from any of the other accounts of the Township, which funds shall be used for the following purposes only: payment of the cost for providing duties pursuant of the appointed Animal Control Officer; for local prevention and control of rabies; for providing antirabic treatment under the direction of the local Board of Health and/or Gloucester County Department of Health for any person known or suspected to have been exposed to rabies; and for enforcing and administering the provisions of this article. Any unexpended balance remaining in such 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 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 said special account during the last two fiscal years next preceding.
B. 
The registration tag fee as set forth in this article for each dog shall be forwarded to the State Department of Health and Senior Services within 30 days after collection by the Township Clerk or other official designated by the Township Committee.

§ 120-16 Enforcement.

A. 
The Township official shall enforce the provisions of this article. Nothing herein shall prohibit a private citizen from bringing or signing a complaint for an alleged violation of this article.
B. 
Compliance with requirements. Any owner of an animal within the Township, by the act of owning such animal, does thereby authorize the Township official to enter the property where such animal is kept to investigate any alleged or suspected violation of any provision of this article.

§ 120-17 Interference prohibited.

No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.

§ 120-18 Violations and penalties.

Any person found to be in violation or found to have failed to comply with any of the provisions of this article shall, upon conviction thereof, be subject to a fine of not less than $100 and not more than $1,000, or imprisoned for a term not to exceed 90 days, or both, in the county jail. Each day of such violation or failure to comply shall constitute a separate offense and, therefore, is not subject to merger either for the purposes of the violation or imposition of fines and penalties.
[Adopted 5-16-2016 by Ord. No. O-5-2016]

§ 120-19 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ANIMAL CARE FACILITY
An animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
ANIMAL RESCUE ORGANIZATION
Any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
CAT
A member of the species of domestic cat, Felis catus.
DOG
A member of the species of domestic dog, Canis familiaris.
OFFER FOR SALE
To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
PET SHOP
A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.

§ 120-20 Restrictions on sale of animals.

A. 
A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displayed in cooperation with:
(1) 
An animal care facility; or
(2) 
An animal rescue organization
B. 
A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old.