[HISTORY: Adopted by the Township Committee
of the Township of Franklin 10-17-1952. Amendments noted where applicable.]
[Amended 12-28-1981 by Ord. No. 81-10]
A.
DOG
DOG OF LICENSING AGE
KENNEL
OWNER
PET SHOP
POUND
SHELTER
As used in this chapter, the following terms shall
have the meanings indicated:
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, every person
having a right of property in such dog and every person who has such
dog in his keeping.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept and displayed.
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
Any establishment where dogs are received, housed and distributed.
[Amended 7-26-1983 by Ord. No. 83-6]
B.
Word usage.
(1)
The words "and" or "or" may be used interchangeably,
and either of the two may be applicable, whichever is more conducive
towards the effectuating of this chapter.
(2)
Personal pronouns shall mean either the singular or
the plural, whichever is applicable and conducive towards the effectuating
of this chapter.
(3)
The masculine, feminine or neuter gender shall all
be implied, whichever is appropriate and conducive for the effectuating
of this chapter.
[Amended 7-26-1983 by Ord. No. 83-6]
Any person who shall own, keep or harbor a dog of licensing age, as defined herein, shall annually, as hereinafter provided in § 63-4, apply for and procure from the dog licensing official, as designated by the governing body to license dogs in the municipality, a license and official metal registration tag for each such dog so owned, kept or harbored and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto. No person shall keep or harbor any dog except in compliance with the provisions of this chapter.
[Added 7-26-1983 by Ord. No. 83-6]
The dog licensing official, as designated by
the governing body to license dogs within the Township of Franklin,
will not grant any such license and official metal registration tag
for any dog unless the owner thereof provides evidence that the dog
to be licensed and registered has been innoculated with a rabies vaccine
of a type approved by and administered in accordance with the recommendations
of the United States Department of Agriculture and the United States
Department of Health, Education and Welfare, or has been certified
exempt as provided by regulations of the State Department of Health,
and administered by a duly licensed veterinarian or by such other
veterinarian permitted by law to do the same.
[Amended 12-26-1966; 12-8-1969; 1-20-1975; 12-28-1981 by Ord. No. 81-10; 7-26-1983 by Ord. No.
83-6; 11-11-1991 by Ord. No. 91-10; 12-11-2000 by Ord. No. 2000-19; 5-7-2007 by Ord. No. 2007-12; 12-4-2017 by Ord. No. 2017-8]
A.
The license fee for each neutered/spayed dog shall be $10, inclusive
of a registration tag and Pilot Clinic Fund fee. The license and registration
tag shall expire December 31 of each calendar year and must be renewed
by January 31 of the following year.
B.
The license fee for each non-neutered/spayed dog shall be $13, inclusive
of a registration tag and Pilot Clinic Fund fee. The license and registration
tag shall expire December 31 of each calendar year and must be renewed
by January 31 of the following year.
[Added 12-28-1981 by Ord. No. 81-10]
Dogs used as guides for blind persons and commonly
known as "Seeing Eye" dogs, or 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.
[Added 7-26-1983 by Ord. No. 83-6; amended 5-7-2007 by Ord. No.
2007-12; 12-4-2017 by Ord. No. 2017-8]
Any dog not having a valid, current license after January 31 of any calendar year shall, in addition to the license fees set forth in § 63-4, pay an additional fee of $1 for any dog licensed in February, $5 for any dog licensed in March, and $10 if licensed in April through December. These additional fees shall not be applicable to dogs acquired after January 31 of any calendar year, provided said dogs are registered in compliance with §§ 63-9 and 63-10 of this chapter.
[Added 7-26-1983 by Ord. No. 83-6]
No license to own, keep or harbor a dog shall
be issued to or in the name of any person under the age of 18 years.
[Added 7-26-1983 by Ord. No. 83-6]
The application for dog registration shall state
the breed, sex, age, color and markings of the dog for which license
and registration is sought and whether it is of a long- or short-haired
variety; and also 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 licensing official
or other official designated to maintain the same in the municipality.
In addition, said licensing official shall forward to the State Department
of Health each month, or in accordance with state statutes or regulations
or as otherwise permitted, on forms furnished by the State Department,
an accurate account of registration numbers issued or otherwise disposed
of. Registration numbers shall be issued in the order of the applications.
[Added 7-26-1983 by Ord. No. 83-6]
The owner of a newly acquired dog of licensing
age or of any dog which attains licensing age subsequent to January
31 of any year shall make application for a license and registration
tag for such dog within 10 days after such acquisition or age attainment.
[Added 7-26-1983 by Ord. No. 83-6]
A.
Any person who shall bring or cause to be brought into this state a dog licensed in another state for the current year and bearing a registration tag and shall keep the same or permit the same to be kept within the state for a period of more than 90 days shall immediately apply for a license and registration tag for such dog, unless such dog shall be licensed under § 63-12.
B.
Any person who shall bring or cause to be brought into this state any unlicensed dog and shall keep the same or permit the same to be kept within the state for a period of more than 10 days shall immediately apply for a license and registration tag for each dog unless such dog is licensed under § 63-12.
[Added 7-26-1983 by Ord. No. 83-6]
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 or transfer tags between dogs and attach said tag
to a dog for which it was not issued.
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 dog licensing official of the Township for a license
entitling him to keep or operate such establishment. 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.
B.
License fees. The annual license fee for a kennel
providing accommodations for 10 or fewer dogs shall be $10, and for
more than 10 dogs, $25. The annual license fee for a pet shop shall
be $10. No fee shall be charged for a shelter or pound.
C.
Issuance and expiration of licenses for kennels, pet
shops, shelters or pounds. All licenses issued to 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 June of each year and be subject to revocation by the municipality
on recommendation of the State Department of Health or local Board
of Health for failure to comply with the rules and regulations of
the State Department of Health or local Board of Health governing
the same, after the owner has been afforded a hearing by either the
State Department of Health or local Board of Health.
[Added 7-26-1983 by Ord. No. 83-6; amended 9-28-1987 by Ord. No.
87-9]
D.
Applications and contents. The application shall describe
the premises where the establishment is located or 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 Municipal
Zoning Officer and Health Officer or health authorities showing compliance
with local and state rules and regulations governing the location
of and sanitation at such establishments.
[Added 7-26-1983 by Ord. No. 83-6]
E.
Regulations of kennels, pet shops, shelters and pounds.
All kennels, pet shops, shelters and pounds shall be run in accordance
with the rules and regulations of the New Jersey State Department
of Health governing the sanitary conduct and operation of kennels,
pet shops, shelters and pounds to preserve the sanitation therein
and prevent the spread of rabies and other diseases of dogs within
and from such establishments. Such rules and regulations shall be
enforced by the State Department of Health and by local Boards of
Health and are adopted by reference herein. No dog kept in a kennel,
pet shop, shelter or pound shall be permitted off such premises, except
on leash or in a crate or other safe control.
[Added 7-26-1983 by Ord. No. 83-6]
A.
No person shall keep, harbor or maintain any dog which
habitually barks or cries between the hours of 10:00 p.m. and 6:00
a.m.
B.
No person shall keep, harbor or maintain any dog which
because of loud, disturbing, continuous or repetitious barking, crying
or whining, disturbs the health, comfort, sleeping or peace of human
beings at any time or unduly annoys the neighborhood and constitutes
a nuisance thereto.
[Added 6-7-2004 by Ord. No. 2004-6]
C.
In addition to removal authority provided to the Dog Warden in § 63-17, any person who violates this section shall be liable to pay a penalty of not less than $50 nor more than $100 for each offense. Each day shall be considered a separate offense for purpose of Subsection A.
[Added 6-7-2004 by Ord. No. 2004-6]
[Amended 6-29-1987 by Ord. No. 87-8]
A.
No person owning, keeping or harboring any dog shall
suffer or permit it to run at large upon any public street, roads,
highways, lanes or alleys or in any public park or in any public building
or in any other public place within the Township of Franklin, County
of Warren.
B.
No dogs shall be allowed off the premises of the owner
without being leashed.
[Added 6-29-1987 by Ord. No. 87-8]
No person or household shall own or harbor or keep any number of dogs in excess of three on any one property within the Township of Franklin. Any person who exceeds said limit on any one property may do so only with the procurement of a kennel license pursuant to § 63-12, except as classified under the following provisions, but subject to all other provisions of this chapter:
A.
A person whose livelihood is the pursuit of agricultural
or horticultural endeavors or who owns or resides on a tract of land
exceeding five acres, being farm land assessment qualified, shall
be exempt from said provision and shall be entitled to keep a maximum
number of six dogs on his or her farm premises.
B.
Any person not in the regular business or pursuit
of breeding dogs shall be exempt from said provision in having their
dog or dogs produce a litter, provided that said litter which would
bring them into violation of the within provision is sold within a
period of six months, unless extended for a valid reason or hardship.
A person whose dog or dogs produce a litter or litters on an annual
basis shall be presumed to be in the business for breeding purposes
and would be subject to the provisions of obtaining a kennel license
as provided in this chapter.
Any dog which has attacked or bitten any human
being or which habitually attacks other dogs or domestic animals is
hereby defined to be a "vicious dog." No dog which has been so determined
to be a vicious dog shall be permitted to be upon any street or public
place in the Township of Franklin.
[Added 7-26-1983 by Ord. No. 83-6]
A.
Dog canvass. The person appointed as dog licensing
official by the governing body shall annually cause a canvass to be
made of all dogs owned, kept or harbored within the limits of the
respective municipality and shall report, on or before September 1
of each year, to the local Board of Health and the State Department
of Health the result thereof, setting forth in separate columns the
names and addresses of persons owning, keeping or harboring unlicensed
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.
B.
Fee collections and reports. The dog licensing official
designated to license dogs in the municipality shall collect the fees
for all licenses, registrations and renewals as herein provided, shall
properly keep the records by way of applications and shall complete
all reports in regard thereto to the State and County Department of
Health, as required by this chapter or any other state law.
C.
List of licensed kennels, pet shops, shelters and
pounds. The dog licensing official to be designated to license dogs
in the municipality 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 therefor are issued, which list shall include
the name and address of the licensee and the kind of license issued.
D.
Disposition of fees collected.
(1)
License fees or other moneys collected or received under the provisions of §§ 63-4, 63-6 and 63-12 of this chapter, except registration tag fees and fees collected for the purpose of the animal population control fund ($3) and the pilot clinic fund ($0.20) under § 63-4, shall be forwarded to the Treasurer of the municipality or deposited in the dog account by said official within 30 days after collection or receipt, which special account shall be separate from any and all other accounts of the municipality and shall be used for the purposes provided in N.J.S.A. 4:19-15.11 adopted hereby by reference. 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 other purpose set forth in this subsection and thence transferred in accordance with N.J.S.A. 4:19-15.11 adopted hereby by reference.
(2)
The registration tag fee for each dog in the sum of $1, together with the additional fees as provided in § 63-4, shall be forwarded to the proper state agency within the State Department of Health within 30 days after collection or as otherwise provided according to state statute and regulation by the dog licensing official, together with the additional fees as herein provided for the funding of the pilot clinic fund under § 63-4 and the animal population control under § 63-4, which shall be so forwarded within 30 days to the separate accounts so established with the State Treasurer.
[Added 7-26-1983 by Ord. No. 83-6]
A.
There shall be appointed by the municipality a person
to act as Dog Warden, whose duties shall be as hereinafter set forth
in this section, which duties shall specifically not include the licensing
or canvassing of dogs.
B.
The Municipal Dog Warden or any other person appointed
for said purpose by the governing body of the municipality may take
into custody and impound or cause to be taken into custody and impounded
dogs under the following provisions:
[Amended 6-7-2004 by Ord. No. 2004-6]
(1)
Any dog running at large in the municipality.
(2)
Any dog off the premises of the owner or of the person
keeping or harboring said dog which said official or his agent or
agents have reason to believe is a stray dog.
(3)
Any dog off the premises of the owner or of the person
keeping or harboring said dog without a current registration tag on
his collar.
(4)
Any female dog in season off the premises of the owner
or the person keeping or harboring said dog.
(5)
Any dog with fierce, dangerous or vicious propensity
or noticeably affected with rabies or which has been bitten by a dog
or has bitten a person and is suspected of having rabies.
(6)
Any dog off the premises of the owner or of the person
keeping or harboring said dog, which dog is not controlled by a leash
or chain as provided in this chapter.
(7)
Any dog which, because of loud, disturbing, continuous or repetitious barking, crying or whining, disturbs the health, comfort, sleeping or peace of human beings at any time or unduly annoys the neighborhood and constitutes a nuisance thereto in violation of the provisions of § 63-13.[1]
[1]
Editor's Note: Former Subsection C, pertaining
to disposition, destruction, notice and penalty, which immediately
followed this subsection, was repealed 6-7-2004 by Ord. No. 2004-6.
[Amended 7-26-1983 by Ord. No. 83-6]
A.
Jurisdiction of proceedings. The County District Court
and Municipal Court shall have jurisdiction hereunder to determine,
in a summary manner, proceedings for violations of any of the provisions
of this chapter. Penalties for such violations shall be enforced and
recovered pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1
et seq.) at the suit of the Director of Health of the State of New
Jersey or the local Board of Health or the municipality. Process shall
be either in the nature of a summons or warrant.
B.
Penalty for violation of chapter. Except as otherwise provided in this chapter, any person who violates or who fails or refuses to comply with §§ 63-2, 63-9, 63-10, 63-11 and 63-12A and E of this chapter or the rules and regulations promulgated by the State Department of Health pursuant to N.J.S.A. 4:19-15.14 shall be liable to a penalty of not less than $50 nor more than $100 for each offense, to be recovered by and in the name of the Director of Health of the State of New Jersey or by and in the name of the local Board of Health of the municipality or by and in the name of the municipality, as the case may be, except that, for the first offense in cases of violation of §§ 63-2, 63-9 and 63-10 of this chapter, the penalty should be not less than $50 nor more than $100, to be recovered in the same manner.
[Amended 6-7-2004 by Ord. No. 2004-6]
C.
Disposition of penalty and refusal to pay.
(1)
Any penalty recovered in an action brought under the
provisions of this chapter shall be paid to the plaintiff therein.
When the plaintiff is the local Board of Health, the penalty shall
be paid by said local Board of Health into the treasury of the municipality.
(2)
If the defendant refuses to pay forthwith the amount
of the judgment rendered against him and the costs and charges incident
thereto, he may be committed to the County jail for a period not exceeding
10 days in the case of a first conviction. If the defendant refuses
to pay in the conviction for a second, subsequent or contained violation,
the defendant may be confined for a period not to exceed 30 days.
[Added 7-9-2001 by Ord. No. 2001-7]
All dogs attending any authorized function sponsored
by the Township of Franklin on playing fields owned by of the Township
of Franklin must be leashed and 30 feet from the players bench. Penalty
for same shall be $100 per violation.
[Added 9-8-2014 by Ord. No. 2014-6]
A.
Any person
in the custody or control of a dog shall remove and dispose in sanitary
fashion any feces deposited by a dog on any public property, street
or sidewalk. The owner or keeper of a disability assistance animal
shall be exempt from this provision.
B.
The penalty
for violating this section shall be not less than $50 nor more than
$100 for each offense.
