[Adopted 12-18-1967 as Ch. 18, Art.
I, of the 1967 Code]
A.
ANIMAL CONTROL OFFICER
ANIMAL SHELTER
DOG
DOG OF LICENSING AGE
KENNEL
OWNER
PERSON
PET SHOP
TOWNSHIP
The words hereinafter defined shall have the meanings
herein indicated for the purposes of this article as follows:
An employee or appointee of the Gloucester County Animal
Control whose specific duties include the enforcement of state statutes
and local ordinances relating to animals.
[Added 9-23-2008 by Ord. No. O-22-2008]
An establishment for the confinement of any animals seized
under the provisions of this article.
[Added 9-23-2008 by Ord. No. O-22-2008]
Any dog or dog hybrid.
[Amended 2-9-1993 by Ord. No. O-3-93]
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, and shall include any establishment wherein there is carried
on the business or practice of boarding, grooming, selling or breeding
dogs or where dogs are kept or maintained for any commercial purpose
whatever, except a pet shop as herein mentioned, or where more than
10 dogs of licensing age are kept or maintained for any reason in
any one place or establishment.
[Amended 2-9-1993 by Ord. No. O-3-93]
Any person offering or allowing access to food, water, or
shelter to an animal for more than 15 days.
[Amended 9-23-2008 by Ord. No. O-22-2008]
An individual, firm, partnership, corporation or association
of persons.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.[1]
The Township of Franklin in the County of Gloucester.
[1]
Editor's Note: The former definitions of "pound" and "shelter,"
which immediately followed this definition, were repealed 9-23-2008
by Ord. No. O-22-2008.
B.
Word usage.
(1)
"And" and "or" may be used interchangeably and either
of the two may be applicable, whichever is more conducive toward effectuating
this article.
(2)
Personal pronouns shall mean either the singular or
plural, whichever is applicable and conducive toward effectuating
this article.
(3)
The masculine, feminine or the neuter gender shall
be implied, whichever is appropriate and conducive toward effectuating
this article.
[Amended 12-15-1975 by Ord. No. O-14-75; 3-6-1978 by Ord. No. O-2-78; 1-20-1981 by Ord. No. O-3-81; 11-24-1981 by Ord. No. O-21-81; 2-9-1993 by Ord. No. O-3-93; 12-28-1993 by Ord. No. O-19-93; 11-25-2008 by Ord. No. O-30-2008]
Every person who shall own, possess, keep or
harbor a dog of licensing age within the limits of the Township of
Franklin shall obtain an annual license for the same and shall have
the same registered and numbered with the Township Clerk (or other
designated official) and shall pay the fees together with the sum
now or hereafter required by the State of New Jersey to be charged
for same. The annual licensing fee for a dog license shall be $7 for
spayed and neutered dogs and $10 for nonspayed and nonneutered dogs.
Said fee shall take effect December 1, 2008.
Any person who harbors or possesses any dog
for a period of 15 days or more shall, for the purpose of this article,
be deemed to be the owner of the dog or dogs so harbored or possessed.
Dogs used as guides for blind persons and commonly
known as "Seeing Eye" 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.
The owner of any newly acquired dog of licensing
age or of any dog which attains licensing age shall make application
for a license and registration tag for such dog within 10 days after
such acquisition or age attainment.
[Amended 3-6-1978 by Ord. No. O-2-78; 12-28-1993 by Ord. No. O-19-93]
All applications for dog licenses shall be made
to the Township Clerk (or other designated official) of the Township
of Franklin, who shall provide a book for the purpose of registering
the name of the person or persons owning, keeping, possessing or harboring
any dog or dogs, and the name of each dog registered and its number
shall be entered therein, and numbers of each application of registration
of such dog or dogs shall be in the order in which the applications
are made. The application shall state the breed, sex, age, color and
markings of the dog for which license and registration are sought
and whether it is of a long- or short-haired variety and the name,
street and post office address of the owner and the person who shall
keep or harbor such dog. The information on said application and the
registration number issued for the dog shall be preserved for a period
of three years by the Township Clerk (or other designated official).
In addition, he shall forward similar information to the State Department
of Health each month, on forms furnished by said Department.
[Amended 3-6-1978 by Ord. No. O-2-78; 5-8-1990 by Ord. No. O-9-90; 12-28-1993 by Ord. No.
O-19-93; 11-25-2008 by Ord. No. O-30-2008]
The owner of every dog shall pay the license
fees hereinbefore provided to the Township Clerk or his or her designated
representative on or before the 28th day of February in each year;
and, upon receipt of said license fee or fees as they may be, the
Township Clerk or his or her designated representative shall thereupon
issue to each person paying such license fee or fees a license for
the keeping of such dog or dogs, which license shall contain the name
and address of the owner of such dog or dogs and a short description
of the dog, indicating name, breed, sex, age, color and markings and
also the number of such license and shall bear the signature of the
Township Clerk or his or her designated representative. All such licenses
shall expire on the 28th day of February in each year. The Township
Clerk or his or her designated representative shall also issue, for
each dog licensed, a numbered metal tag, designated as a registration
tag, which tag shall be securely attached to a strap or collar worn
around the neck of each dog so licensed, and each tag shall have marked
thereon the words "Licensed Dog, Township of Franklin, N.J.," with
the year for which it is issued. The Township Clerk or his or her
designated representative may issue substitute tags upon proof, in
writing, from the owner or member of the owner's household above the
age of 14 years, sufficient to satisfy the Township Clerk or his or
her designated representative of the loss of the original tag. Any
owner so obtaining such substitute tag or tags shall pay an additional
registration fee of $1 for each and every such substitute tag. The
owner of every dog who fails to pay the license fees hereinbefore
provided, on or before the 28th day of February, or any approved extension,
shall pay, in addition to the annual license fee, a late charge of
$7 for each dog license purchased. This late charge shall not be the
exclusive penalty, but shall be in addition to any other penalties
provided for in this article.
Every person who shall own, keep, possess or harbor any dog or dogs in the Township of Franklin and who shall neglect or refuse to cause such a dog or dogs to be licensed in the manner herein provided, on or after the last day of January in each year, shall be guilty of a violation of this article; provided, however, that any owner of a dog who brings a dog into the Township of Franklin which had been licensed in another state for the current year and which bears a registration tag, who shall keep the same or permit the same to be kept within the Township of Franklin for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog unless the dog is licensed under § 151-11 hereof; and provided further that any person who shall bring or cause to be brought into the Township of Franklin any unlicensed dog and shall keep the same or permit the same to be kept within the Township of Franklin for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog unless the dog is licensed under § 151-11 hereof.
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.
Any dog owner who shall suffer or permit any unlicensed dog to run at large or who shall suffer or permit any dog whether licensed or not to run at large without the tag provided for in § 151-7 of this article, or who shall cause or permit any unlicensed dog to wear such a tag, shall be guilty of a violation of this article.
[Amended 3-6-1978 by Ord. No. O-2-78; 2-9-1993 by Ord. No. O-3-93; 12-28-1993 by Ord. No.
O-19-93; 9-23-2008 by Ord. No. O-22-2008]
Any person who keeps or operates or proposes
to establish a kennel, a pet shop or an animal shelter shall apply
to the Township Clerk or his designated representative for a license
entitling him to keep or operate such establishment. The application
shall describe the premises where the establishment is located or
is proposed to be located, and the purpose or purposes for which it
is to be maintained, and shall be accompanied by the written approval
of the Board of Health of the Township of Franklin, showing compliance
with the local and state rules and regulations governing location
of and sanitation of such establishments, as well as approval of the
Planning Board and/or Zoning Board of Adjustment. All licenses issued
for a kennel, pet shop or animal shelter 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 shall be subject
to revocation by the Township on recommendations of the State Department
of Health or the local Board of Health for failing to comply with
the rules and regulations of the State Department or local Board.
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.
[Added 2-9-1993 by Ord. No.O-3-93]
In addition to individual dog licenses, any person who shall own, maintain, keep or harbor more than six but not more than 10 dogs within the limits of Franklin Township shall apply in writing to the Zoning Officer or designated township official for an annual special permit to own, maintain, keep or harbor the same and shall pay an application fee of $25 which shall be paid on or before the 31st day of January each year. The Zoning Officer or designated township official shall make an investigation of the application as per § 151-19, Special permit investigation. Such permit shall not be transferable. Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of the Zoning Officer or designated township official based on or made in the enforcement of this section.
[Amended 9-23-2008 by Ord. No. O-22-2008; 10-14-2014 by Ord. No. O-34-2014]
The annual license fee for a kennel providing
accommodations for 10 dogs or fewer shall be $10 per year, and for
more than 10 dogs, $25 per year. The annual license fee for a pet
shop shall be $10 per year. No fee shall be charged for an animal
shelter. A licensee who fails to submit a renewal application by December
31 shall pay, in addition to the annual license fee, a late charge
of $50. The late charge shall not be the exclusive penalty, but shall
be in addition to any other penalties provided for in this article.
[Amended 9-23-2008 by Ord. No. O-22-2008]
No dog kept in a kennel, pet shop or animal
shelter shall be permitted off such premises except on a leash or
in a crate or other safe control.
[Amended 12-22-1987 by Ord. No. O-16-87; 9-23-2008 by Ord. No. O-22-2008]
Any dog or dogs not licensed pursuant to the
provisions of this article shall be subject to seizure by the duly
appointed Animal Control Officer or any other person or corporation
appointed for the purpose by the Township Committee and, if not redeemed
as hereinafter provided, may be killed by any approved humane method
or otherwise disposed of, and any dog who shall not have securely
fixed or fastened to its neck a tag issued with the license for such
dog shall be deemed unlicensed and subject to seizure. All dogs seized
pursuant to the provisions of this section shall be impounded in a
place designated by the Township Committee as the animal shelter and
shall be there kept until disposed of in accordance with this article.
[Amended 9-4-1968 by Ord. No. O-7-68; 1-15-1973 by Ord. No. 1973-1; 12-22-1987 by Ord. No.
O-16-87; 9-23-2008 by Ord. No. O-22-2008]
The Township Committee of the Township of Franklin
shall each year appoint or contract with some suitably fit person
or contractor, who shall be known as the "Animal Control Officer"
and who shall hold office or shall be under contract until January
1 next; thereafter such Animal Control Officer shall be appointed
at the annual meeting of the Township Committee on the first day of
January of each year following to hold office for the term of one
year, or the Township of Franklin shall enter into a contract with
such person or contractor as soon after January 1 of each year as
practicable. It shall be the duty of such Animal Control Officer or
contractor, acting and known as such, in addition to the implied duties
hereinabove conferred, to carry out the provisions of this article,
and for his services he shall receive as compensation such sum as
may be set forth in the Salary Ordinance[1] in the case of appointment, and such sums as may be mutually
agreed upon in accordance with the appropriate bidding laws in the
event of a contract. In addition to any consideration paid by the
Township of Franklin to said Animal Control Officer by virtue of the
Salary Ordinance or by contract, the owner of any dog lawfully impounded
by the Animal Control Officer shall pay such fees for redemption as
are established by the Salary Ordinance or by contract.
[1]
Editor's Note: The Salary Ordinance is on
file in the Township offices.
A.
It shall be unlawful for the owner of any dog, whether
licensed or not, to permit said dog to run at large upon the public
streets or other public or private property within the Township of
Franklin, unless said dog shall be in control of a person by means
of a leash or other suitable means to exert control. Nothing herein
contained shall restrict an owner of any dog to permit said dog to
be off a leash upon premises owned by such owner, provided that the
dog is suitably trained to remain upon the owner's premises or the
owner's premises are suitably fenced in to restrain the dog from straying
from such property of the owner. Should the owner rely upon the dog's
training to remain upon his premises and the dog shall nevertheless
leave same, then the owner shall be responsible as if he permitted
said dog to run at large.
B.
The Animal Control Officer shall take into custody
and impound or cause to be impounded, and thereafter destroyed or
disposed of, as hereafter provided:
[Amended 12-22-1987 by Ord. No. O-16-87; 9-23-2008 by Ord. No. O-22-2008]
(1)
Any dog off the premises of the owner or the person
keeping or harboring said dog which said official or his agent or
agents find running at large upon the public streets or other public
or private property within the Township of Franklin.
(2)
Any dog within the Township of Franklin without a
current registration tag on his collar.
C.
Any ordinance or provision of any ordinance inconsistent
herewith is hereby repealed to the extent of such inconsistency and
conflict.
[Amended 12-22-1987 by Ord. No. O-16-87]
A.
If any dog so seized wears a collar or harness having
inscribed thereon or attached thereto the name and address of any
person or a registration tag or the owner or the person keeping or
harboring said dog is known, the Animal Control Officer shall forthwith
serve on the person whose address is given on the collar or on the
owner or the person keeping or harboring said dog, if known, a notice
in writing stating that the dog has been seized and will be liable
to be disposed of or destroyed if not claimed within seven days after
the service of the notice.
[Amended 9-23-2008 by Ord. No. O-22-2008]
B.
A notice under this section may be served either by
delivering it to the person on whom it is to be served or by leaving
it at the person's usual or last known place of abode or at the address
given on the collar.
C.
When any dog so seized has been detained seven days
after notice when notice can be given as above set forth, or has been
detained for seven days after seizure when no notice has been given
as above set forth, and if the owner or person keeping or harboring
said dog has not claimed said dog and paid all expenses incurred by
reason of its detention, including maintenance as charged by the Gloucester
County Animal Shelter, and if the dog is unlicensed at the time of
seizure and the owner or person keeping or harboring said dog has
not produced a license and registration tag for said dog, the Animal
Control Officer may cause the dog to be destroyed in a manner causing
as little pain as possible.
[Amended 9-23-2008 by Ord. No. O-22-2008]
[Added 2-9-1993 by Ord. No. O-3-93]
A.
The spirit and intent of this section is that permits
be issued only to persons responsible for the control of dogs and
if the public interest and welfare of the dogs is not jeopardized.
Therefore, the Zoning Officer or designated township official shall
make an investigation of the application for a special permit and
shall take the following into consideration:
(1)
Information indicating whether the applicant or any
person connected with the application has ever been convicted of any
crime or violation of any federal, state or local law.
(2)
The location of the premises and its character and
relationship to the surrounding neighborhood.
(3)
The lot area, street frontage, lot depth, and other
physical characteristics of the premises.
(4)
The location on the premises where the dogs will be
kept, if any.
(5)
The location of adjacent dwellings and/or other structures.
(6)
Information indicating whether the issuance of the
permit would produce or be likely to produce a condition which may
be rendered unsightly in appearance and does not promote the public
health, safety, morals and general welfare.
(7)
Any other information that may be deemed reasonable
and necessary in order to carry out the spirit and intent of this
article.
B.
Revocation. The special permit is revocable by the
Zoning Officer or designated township official upon conviction of
the owner in a court of recognized jurisdiction for cruelty to animals,
the dogs constituting a public nuisance or the dogs posing a health
hazard. Upon such revocation the owner shall dispose of all dogs covered
in such court action within 10 calendar days of the date of revocation
or other such time deemed appropriate.
[Amended 9-23-2008 by Ord. No. O-22-2008; 8-26-2014 by Ord. No. O-26-2014]
No person who owns, harbors or possesses any
dog or dogs shall suffer or permit such dog or dogs to annoy neighbors
and other persons living within his immediate vicinity by barking
and howling continuously for two hours or more, and whenever complaint
shall be made in writing, under oath, by persons owning property within
the Township of Franklin and living within hearing distance of such
dog (at least one of which property owners shall not have an interest
in the same property as the other or others), setting forth that such
barking or howling is continued for unreasonable periods for three
or more consecutive days or nights, to the annoyance and discomfort
of the complainants and their neighbors and families, so that it can
be established that such barking and howling is a nuisance to the
immediate neighborhood, then and in such case, said owner shall cause
said barking and howling to cease and terminate immediately, and if
such barking and howling shall again occur, regardless of its duration,
the provisions of this article shall be deemed to have been violated,
and the owner shall pay such penalty as may be imposed therefor.
[Amended 3-6-1978 by Ord. No. O-2-78; 12-28-1993 by Ord. No. O-19-93]
The Township Committee of the Township of Franklin
shall, promptly after February 1, 1942, and annually thereafter, cause
a canvass to be made of all dogs owned, kept or harbored within the
limits of the Township of Franklin and shall report to the Township
Clerk or his designated representative and to the Secretary of the
Board of Health of the Township of Franklin and to the State Department
of Health the result thereof, setting forth in separate columns the
names and addresses of persons owning, keeping or harboring said dogs
and the number of licensed dogs owned, kept or harbored by each of
said persons, together with the registration numbers of each of said
dogs, and the number of unlicensed dogs owned, kept or harbored by
each of said persons, together with a complete description of each
of said unlicensed dogs.
License fees and other moneys collected or received
under the provisions of this article, except registration tag fees,
shall be forwarded to the Treasurer of the Township of Franklin 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, which
funds shall 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; and for providing anti-rabic
treatment under the direction of the local Board of Health for any
person known or suspected to have been exposed to rabies. 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, that which is
in excess of the total amount paid into said special account during
the last two fiscal years next preceding.
[1]
Editor's Note: Former § 151-23, Exceptions, was
repealed 9-23-2008 by Ord. No. O-22-2008.
[Amended 12-22-1987 by Ord. No. O-16-87; 9-23-2008 by Ord. No. O-22-2008]
Any person who shall in any way hinder or interfere
with the Animal Control Officer, police officers or officials, constables,
canvassers or any other peace officers in the performance of their
duty under the provisions of this article, or who refuses to give
information to any person making the canvass herein provided for,
or who shall take a dog from the animal shelter except upon redeeming
such dog in the manner as provided by this article, or who shall break
into or injure such an animal shelter shall be deemed to have violated
the provisions of this article.
Any officer or agent authorized or empowered
to perform any duty under this article is hereby authorized to go
upon any premises to seize for impounding any dog or dogs, except
upon the premises of the owner of the dog if said owner is present
and forbids the same.
[1]
Editor's Note: Former § 151-26, Compliance with
proclamations of Township Committee required, was repealed 9-23-2008
by Ord. No. O-22-2008.
A.
Any person who shall fail to comply with or who violates
or offends against any provisions of this article or any section thereof
or with the rules and regulations promulgated of the State Department
of Health governing the sanitary conduct and operation of kennels,
pet shops and animal shelters, to preserve sanitation therein and
prevent the spread of rabies and other diseases of dogs within and
from such establishments, shall be liable to a penalty of at least
$100 but not to exceed $1,000, to be recovered by and in the name
of the Board of Health of the Township of Franklin or by and in the
name of the Township of Franklin; and any person who refuses and neglects
to pay forthwith the amount of a judgment rendered against him and
the costs and charges incident thereto, shall be imprisoned in the
county jail for a period not exceeding 10 days in the case of a first
conviction and, in the case of a conviction for a second, subsequent
or continuing violation, for a period not exceeding 30 days, or both
such fine and imprisonment.
[Amended 9-23-2008 by Ord. No. O-22-2008]
B.
Any person who shall violate the provisions of § 151-2 hereof or any other provision of this article shall, upon conviction thereof, be subject to a fine not exceeding $200 or imprisonment not exceeding 90 days, or both. The violation of more than one section of this article shall constitute separate offenses and shall be prosecuted accordingly.
A.
The Judge of the Municipal Court is empowered upon
the filing of a complaint, in writing, by any person believed to be
aggrieved by an alleged violation of this article, as well as any
person authorized by the local Board of Health, when the plaintiff
is a local Board of Health, or by the Department of Health, the Chairman
of the Police Committee of the Township of Franklin or the duly designated
Animal Control Officer, when the plaintiff is the Township, which
complaint may be made upon information and belief, to issue process.
The process shall be either in the nature of a summons or warrant
which warrant may issue without order of the court first being obtained
against the person so charged; which process, when in the nature of
a summons, shall be returnable in not less than seven days nor more
than 30 days. The process shall state what provision of this article
or of any statute pertaining to the subject matter hereof has been
violated by the defendant or defendants. The court having jurisdiction
may at all times amend all defects and errors in the complaint and
process issued hereunder.
[Amended 1-26-1982 by Ord. No. O-2-82; 12-22-1987 by Ord. No. O-16-87; 9-23-2008 by Ord. No.
O-22-2008]
B.
Any officer authorized by law to serve and execute
process in the court in which the proceeding is brought hereunder
may serve and execute all process in proceedings for violation of
any of the provisions of this article or of the laws and statutes
relating thereto.
C.
On the return of process issued pursuant to this section
or at any time to which the trial shall be adjourned, the court, without
the filing of any pleadings, may proceed to hear the testimony in
a summary manner without a jury and give judgment for plaintiff for
the penalty and costs or for the defendant, if the facts warrant an
acquittal.
