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Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 11-5-1979 as §§ 6-1 to 6-21 and 6-28 of the 1979 Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
AT LARGE
Refers to a dog off the premises of the person owning or keeping or harboring it and not securely fastened to a tether, leash, cord or chain or the like, not to exceed eight feet in length, held by its owner or other person capable of controlling said dog.
DOG
Any male or female dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
OWNER WHEN APPLIED TO THE PROPRIETORSHIP OF A DOG
Includes every person having a right of property in such dog and every person who harbors or has such dog in his keeping.
A. 
There shall be an Animal Warden who shall be appointed by the Manager and who shall receive such salary as provided by ordinance. The Animal Warden shall have such duties as provided in this chapter and any other duties as the Manager deems necessary.
B. 
Nothing contained in this chapter shall be construed as limiting the duty or authority of the Chief of Police and of the members of the police force to enforce the provisions of this chapter.
Any person who shall own, keep or harbor a dog of licensing age in the Township shall, in the month of January in each year, apply for and procure from the Division of Health in the Department of Health and Welfare 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.
The owner of any newly-acquired dog of licensing age or of any dog which attains licensing age shall apply for a license and registration tag for such dog within 10 days after such acquisition or age attainment.
A. 
Any person who shall bring or cause to be brought into the Township any 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 Township for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog, except with respect to individual dogs kept in licensed kennels, pet shops, shelters or pounds as provided in § 68-22.
B. 
Any person who shall bring or cause to be brought into the Township any unlicensed dog of licensing age and shall keep the same or permit the same to be kept within the Township for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog, except with respect to individual dogs kept in licensed kennels, pet shops, shelters or pounds as provided in § 68-22.
Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and such license and tag issued by any other municipality of this state shall be accepted by the Township as evidence of compliance with §§ 68-3 and 68-8.
A. 
The application shall state the breed, sex, age, color and markings of the dog for which the license and registration are sought, and whether it is of a long-haired or short-haired variety; the name, street and post-office address of the owner and the person who shall keep or harbor such dog.
B. 
Registration numbers shall be issued in the order of the applications.
C. 
The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the Division of Health. In addition, the Division of Health shall forward to the State Department of Health each month, on forms furnished by the said Department, an accurate account of registration numbers issued or otherwise disposed of.
[Amended by Ord. No. 20-1981; Ord. No. 18-1983; Ord. No. 36-1991]
A. 
The person applying for the license and registration tag shall pay to the Division of Health a fee for the licensing of each dog. Each license and tag shall be renewed annually, and for each annual renewal, the fee for the license and for the registration tag shall be the same as for the original license and tag and clinic fund charge. Said licenses, registration tags and renewals thereof shall expire on the last day of January in each year.
[Amended 7-11-2011 by Ord. No. 27-2011]
Fee Schedule for 2009
Fee for non-spayed or-neutered license
$20.00
Spayed/Neutered license
$15.00
Replacement tags
$5.00
B. 
No refund shall be made on any dog license fee because of the death of the licensed dog or because it has been removed from the Township before the expiration of the license period.
C. 
In the event a registration tag is lost or destroyed, the Division of Health shall issue a duplicate upon presentation of a receipt showing the payment of the license fee for the current year and the payment of a fee of $1 for such duplicate.
D. 
Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs as hereinabove provided for in this article, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
E. 
In addition to the annual renewal fee for the licensing and registration tag of each dog, a late fee of $5 shall be charged for the renewal of all licenses and registrations after March 1 of each year.
License forms and uniform official metal registration tags designed by the State Department of Health shall be furnished by the Division of Health and shall be numbered serially and shall bear the year of issuance and the name of the Township.
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.
[Amended by Ord. No. 38-1997; Ord. No. 25-2000; Ord. No. 29-2003]
A. 
Running at large prohibited. No person owning, keeping, harboring or in control of any dog shall suffer or permit such dog to run at large upon any public street, public parks, public buildings or other public places within the Township or on private property without the permission of the owner of said property.
B. 
Trespass on private property prohibited. No person shall permit any dog in his care or under his control, whether or not on a tether, leash, cord or chain or the like, to go upon the lawn, yard or entrance walk or driveway of any private residence without the permission of the owner thereof.
C. 
Curbing of dogs. Every person owning, keeping, harboring or in control of a dog shall be responsible for the curbing of said dog whenever the dog shall be on public property or property dedicated to public use.
D. 
Dogs prohibited in certain public areas.
(1) 
No person shall walk, exercise, permit, suffer or allow a dog to run at large in or upon any public building, public facility, turfed area, playground or pedestrian walkway of any public school, public park or other public recreation area within the Township except in East Hills Park or Prospect Park where dogs on leashes are permitted and in designated areas where dogs may run off leash.
[Amended 2-23-2009 by Ord. No. 3-2009]
(2) 
The provisions of Subsection D(1) above shall not apply to the conduct of any pet show or other program sponsored by the Department of Recreation and Parks, nor to any program for the inoculation of dogs sponsored by the Division of Health, nor to a dog commonly known as "Seeing Eye" dog when in use as a guide for a blind person, nor to a dog when actively engaged in training as a "Seeing Eye" dog in connection with a formal training program.
E. 
Injury or damage to property. No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property of another.
F. 
Barking or howling, disturbing peace and quiet. No person shall keep, harbor or maintain any dog which habitually barks, howls, whines or cries between the hours of 10:00 p.m. and 6:00 a.m.; or which, by frequent barking, howling, whining or crying, disturbs the peace, comfort or quiet of the neighborhood, thereby creating or maintaining a nuisance.
G. 
Restrictions as to keeping number of dogs. No person who has not secured a license for a kennel, pet shop, shelter or pound shall keep or harbor more than five dogs at one time, dogs under seven months old excepted.
No owner, keeper or walker of any dog shall permit any such dog to discharge excrement upon any public property or private property, other than the private property of the owner, keeper or walker of such dog, unless said owner, keeper or walker immediately removes and cleans up such dog excrement from the public or private property.
A. 
It shall be the duty of the Animal Warden and the members of the Police Department to take into custody and impound or cause to be taken into custody and impounded and taken to the Township pound or to other suitable places determined by the Township the following:
(1) 
Any dog off the premises of the owner or of the person keeping or harboring said dog, which said Animal Warden or member of the Police Department has reason to believe is a stray dog.
(2) 
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.
(3) 
Any dog running at large in violation of § 68-11A.
(4) 
Any unmuzzled dog running at large during the time of the proclamation provided for in § 68-16.
(5) 
Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.
B. 
The Animal Warden, upon receiving any dog, shall make a complete registry, entering the breed, color and sex of such dog and whether licensed or not. If said dog is licensed, he shall enter the name and address of the owner and the number of the license tag. Licensed dogs shall be separated from unlicensed dogs.
[Amended by Ord. No. 34-1987; Ord. No. 16-1989]
A. 
If any dog seized as provided in § 68-13 wears a collar or harness having inscribed thereon or attached thereto the name and addresses of any person, or a registration tag, or if the owner or the person keeping or harboring said dog is otherwise known, the Animal Warden shall, within three days thereafter, serve or cause to be served 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. The notice referred to above may be served either by delivering it to the person on whom it is to be served or by leaving at the person's usual or last known place of abode or at the address given on the collar or by forwarding it by mail in a prepaid letter addressed to that person at his usual or last known place of abode or to the address given on the collar.
B. 
If any dog seized as provided in § 68-13 does not wear any identification material or the owner of the dog is unknown, written notice of the dog's impoundment shall be posted for seven days at three or more conspicuous places in the Township describing the dog and the place and time of taking.
C. 
When any dog so seized has been detained for seven days after notice and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses and charges, set forth as in Subsection D below, incurred by reason of the dog's detention; and if the dog is unlicensed at the time of the seizure and the person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Warden may cause the dog to be destroyed in a manner causing as little pain as possible.
D. 
The expenses, costs and charges incurred by the Township for the impoundment and maintenance of dogs are as follows:
[Amended 7-11-2011 by Ord. No. 27-2011]
(1) 
Impound: $25.
(2) 
(Reserved)
(3) 
Destroying dog at request of owner: actual cost.
(4) 
Reclaim fee: $25.
(5) 
Board fee: $40.
(6) 
Adoption fee: $50.
E. 
Any redemption of a dog pursuant to the provisions of this section shall not be deemed to discharge or release the owner thereof from the penalties prescribed in § 68-23 hereof for any violation of this article.
A. 
The preceding requirements of § 68-14 shall not be deemed applicable when any dog seized and impounded pursuant to § 68-13, whether licensed or unlicensed, is or appears to be suffering from rabies or is immediately dangerous to the public or has been so badly injured that it cannot be moved or helped by veterinarian care. In such case, the Animal Warden or any member of the Police Department may forthwith cause said dog to be destroyed.
B. 
Any dangerous, fierce or vicious dog found at large which cannot be safely taken up and impounded may be slain by any policeman.
A. 
The Manager, with the consent of the Council, may, whenever the public safety may require such action, designate the time during which dogs outside the premises occupied by the owners thereof shall be muzzled. Such designation shall be by publication in a newspaper in which legal notices of the Township may be published.
B. 
After such publication, no person owning, keeping or harboring a dog shall permit it to be upon a public highway, public place or outside the premises occupied by the owner, during the period designated, unless such dog wears a muzzle securely fastened over its jaws in such manner that it cannot bite.
C. 
The unmuzzled dog may be seized and impounded in accordance with § 68-13.
A. 
If a dog is believed to have rabies or has been bitten by a dog or any other animal suspected of having rabies, such dog shall be confined by a leash or chain on the owner's premises and shall be placed under the observation of a veterinarian at the expense of the owner for a period of 10 days. The owners shall notify the Animal Warden of the fact that his dog has been exposed to rabies, and, at his discretion, the Animal Warden is empowered to have such dog removed from the owner's premises to a veterinary hospital and there placed under observation for a period of two weeks at the expense of the owner.
B. 
No person knowing or suspecting a dog has rabies shall allow such dog to be taken off his premises or beyond the limits of the Township without the written permission of the Animal Warden. Every owner or other person, upon ascertaining a dog is rabid, shall immediately notify the Animal Warden or a policeman, who shall either remove the dog to the pound or summarily destroy it.
The Township shall offer to the owner of every dog in the Township the opportunity of having such dog vaccinated by a licensed veterinary surgeon with antirabies vaccine each year free of charge to the owner.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
The Animal Warden, any police officer or other 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 which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if said owner is present and forbids the same.
The Animal Warden shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township. He shall report, on or before May 1 of each year, the results of said canvass to the Division of Health and to the State Department of Health, by 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 said persons, together with the registration number 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.
[Amended by Ord. No. 25-1981; Ord. No. 34-1987]
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 Division of Health for a license entitling him to keep or operate such establishment. All licenses issued for such establishments shall state the purpose for which the establishment is maintained, shall expire on the last day of January of each year and shall not be transferable to another owner or different premises.
B. 
License fees. The annual license fee for a kennel or a pet shop shall be $100. No fee shall be charged for a shelter or pound.
C. 
Individual dog license 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.
D. 
Dogs off premises. 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 by Ord. No. 2-1984; amended by Ord. No. 29-2003]
A. 
Any person who violates or who fails or refuses to comply with § 68-3, 68-4, 68-5, 68-10, 68-19, or 68-22A or D of this article or with rules and regulations promulgated by the State Department of Health pursuant to the provisions of N.J.S.A. 4:19-15.14, as amended and supplemented, shall be liable to a penalty to be determined by the court, but in no event shall this penalty exceed $50 for each offense. This penalty shall be recovered by and in the name of the Township.
B. 
Any person who violates the provisions of § 68-17 shall be liable to a penalty to be determined by the court, but in no event shall this penalty exceed $50 for each offense. This penalty shall be recovered by and in the name of the Township.
C. 
Any person who violates or fails or refuses to comply with § 68-11, 68-16 and Article IV of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both.