[Adopted 4-27-1998 by Ord. No. 98-3]
As used in this article, the following terms shall have the
meanings indicated:
A person 18 years of age or older who has satisfactorily
completed the course of study approved by the Commissioner of Health
and Senior Services and the Police Training Commission as prescribed
by Paragraphs (1) through (3) of Subsection a of § 3 of
P.L. 1983, c. 525 (N.J.S.A. 4:19-15.16a); or who has been employed
in the State of New Jersey in the capacity of, and with similar responsibilities
to those required of, a certified animal control officer pursuant
to the provisions of P.L. 1983, c. 525, for a period of three years
before January 17, 1987.
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, shall mean and
include 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 or displayed.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
A potentially dangerous dog is one that has been adjudicated
to be a potentially dangerous in accordance with N.J.S.A. 4:19-23.
[Added 1-22-2018 by Ord. No. 18-02]
Any establishment where dogs are received, housed and distributed.
A.
No person shall own, keep or harbor any dog within the Township without
first obtaining a license thereof, to be issued by the Bureau of Animal
Control upon application by the owner and payment of the prescribed
fee, and no person shall keep or harbor any dog except in compliance
with the provisions of this article.
[Amended 11-13-2008 by Ord. No. 08-21]
B.
The owner of any dog may, if the license tag is mislaid, stolen or
lost, procure a placement tag upon the payment of the prescribed fee.
The owner must provide adequate proof that the dog is currently licensed
for the year in which the replacement tag is desired.
C.
No license shall be issued without the owner of the dog providing
proof that the dog has its rabies inoculation. The rabies inoculation
must not expire prior to November 1 of the current licensing year.
The rabies inoculation and the expiration of the inoculation shall
be determined using the Compendium of Animal Rabies Control of 1997,
issued by the National Association of State Public Health Veterinarians,
Inc., and later editions, or such other procedures as recommended
by the United States Department of Agriculture and the United States
Department of Health, Education and Welfare.
[Added 11-13-2008 by Ord.
No. 08-21]
Any person who shall own, keep or harbor a dog of licensing
age shall, in the month of January of each year, and annually thereafter,
apply for and procure from the Bureau of Animal Control a license
and official metal registration tag for each such dog so owned, kept
or harbored and shall place upon each dog a collar or harness with
the registration tag securely fastened.
The person applying for the license and registration tag shall pay a fee as provided for in Chapter 250, Fees and Escrows, Article II, for the licensing of each dog and the additional sum in Chapter 250, Fees and Escrows, Article II, for the registration tag for each dog; and for each annual renewal, the fee for the license and for the registration tag shall be the same, or as amended by the Council, as for the original license and tag. Owners of unspayed/unneutered dogs shall pay an additional fee as provided for in Chapter 250, Fees and Escrows, Article II. The licenses, registration tags and renewals thereof shall expire on the last day of January in each year.
Dogs used as guides for blind persons and commonly known as
"Seeing Eye" dogs, as well as dogs used to assist handicapped persons,
commonly known as "service" dogs or dogs used to assist deaf persons,
commonly known as "hearing/ear" dogs, shall be licensed and registered
as other dogs as provided for in this article, except that the owner
or keeper of such dog shall not be required to pay any fee.
Any dog owner or person harboring a dog, found to have an unlicensed dog by the Township Animal Control Officer, dog canvassers or any other municipal official after March 1, shall be required to pay an additional delinquent fee as provided in Chapter 250, Fees and Escrows, Article II, plus the required license and registration tag fees as provided in said Chapter 250, in addition to any fine imposed for failure to obtain a dog license before February 1. The aforementioned delinquent fee shall not apply to dogs which have been acquired by the owner after March 1, on which the license fee shall be the same as required in Chapter 250, Fees and Escrows, Article II. The owner, however, shall present sufficient proof to establish that the dog was acquired after March 1.
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.
A.
The application shall state the breed, sex, age, color and markings
of the dog for which license and registration are sought; whether
it is of a long- or shorthaired variety; and the name, street and
post office address of the owner and the person who shall keep or
harbor such dog.
B.
The information on the application and the registration number issued
for the dog shall be preserved for a period of three years by the
Bureau of Animal Control. Registration numbers shall be issued in
the order of the applications.
[Amended 11-13-2008 by Ord. No. 08-21]
C.
The Bureau of Animal Control shall forward to the State Department
of Health and Senior Services each month, on forms furnished by the
Department, an accurate account of registration numbers issued or
otherwise disposed of.
[Amended 11-13-2008 by Ord. No. 08-21]
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, unless a license for such dog is not required under this article.
B.
Any person who shall bring or cause to be brought into the Township
any unlicensed dog 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, unless
a license for such dog is not required under this article.
A.
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.
B.
No licensed dog shall be allowed off the premises of the person harboring
or keeping the dog without the metal registration tag attached to
its harness or collar.
A.
License required; exemption for individual dog licenses.
(1)
Any person who keeps or operates or proposes to establish a kennel,
a pet shop, a shelter or a pound shall apply to the Bureau of Animal
Control; for a license to keep or operate such establishment. All
licenses issued for such establishments shall state the purpose for
which the establishment is maintained, shall expire annually on June
30 and shall not be transferable to another owner or different premises.
[Amended 11-13-2008 by Ord. No. 08-21]
(2)
Any person holding such license shall not be required to secure individual
licenses for dogs owned by such licensee and kept at such establishments.
B.
Application. The application shall describe the premises where the
establishment for a kennel, pet shop, shelter or pound is located
or is proposed to be located, the purpose for which it is to be maintained,
and shall be accompanied by the written approval of the Township Bureau
of Animal Control showing compliance with the local and state rules
and regulations governing the location of and sanitation at such establishments.
[Amended 11-13-2008 by Ord. No. 08-21]
C.
Revocation of license to operate establishment for dogs. All licenses
issued for a kennel, pet shop, shelter or pound shall be subject to
revocation by the Mayor on recommendation of the State Department
of Health and Senior Services or the Township Bureau of Animal Control
for failure to comply with the applicable provisions of this section,
or the rules and regulations of the State Department of Health and
Senior Services, or of the Township Bureau of Animal Control governing
the same, after the licensee has been afforded a hearing by either
the State Department of Health and Senior Services or the Mayor.
[Amended 11-13-2008 by Ord. No. 08-21; 4-27-2015 by Ord. No. 2015-08]
D.
License fees for dog establishments; exemption for shelter or pound.
E.
Permitting 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 under other safe control.
F.
List of licensed dog establishments to be forwarded to State Department
of Health and Senior Services. The Bureau of Animal Control shall
forward to the State Department of Health and Senior Services a list
of all kennels, pet shops, shelters and pounds licensed, within 30
days after the licenses are issued, which list shall include the name
and address of the licensee and the kind of license issued.
[Amended 11-13-2008 by Ord. No. 08-21]
A.
License or other fees collected under the provisions hereof, except
those paid to the state, shall be turned over to the Treasurer within
30 days of collection. The fees collected shall be accounted for and
spent in accordance with N.J.S.A. 4:19-15.11, as amended.
[Amended 11-13-2008 by Ord. No. 08-21; 4-27-2015 by Ord. No. 2015-08]
The Animal Control Officer or such other person designated by
the Mayor shall promptly after February 1 of each year 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 September 1 of each year
to the Mayor, to the Township Bureau of Animal Control, and to the
State Department of Health and Senior Services the result thereof,
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 person, together with the registration
numbers of each dog, and the number of unlicensed dogs owned, kept
or harbored by each person, together with a complete description of
each unlicensed dog.
[Amended 4-27-2015 by Ord. No. 2015-08]
The Mayor may appoint, at such times and for such terms as may
seem expedient, one or more persons, to be known as "Certified Animal
Control Officer(s)." The Certified Animal Control Officer shall hold
and maintain the required certification, pursuant to N.J.S.A. 4:19-15.1
et seq., as amended. The Certified Animal Control Officer shall have
all powers provided for by law, including, but not limited to, powers
to investigate and sign complaints, arrest violators, or otherwise
act as an officer for detection, apprehension and arrest of offenders,
hence the animal control, animal welfare or any animal cruelty laws
of the state and ordinances in the Township, provided the officer
has completed the training required by law.
The Certified Animal Control Officer or other persons designated
by the Council shall take into custody or impound, or cause to be
taken into custody and impounded, and thereafter destroyed or disposed
of dogs as provided for pursuant to N.J.S.A. 4:19-15.16 et seq. and
4:19-18 et seq., as amended.
There shall be charged to the owner of each dog which is impounded, pursuant to § 148-22, the boarding fee listed in Chapter 250, Fees and Escrows, Article II, per day maintenance fee for each day or part thereof that the dog has been impounded, for picking up each dog; and the pickup/redemption fee listed in said Chapter 250, for each dog which is redeemed by its owner; which fees shall be paid when the dog is released.
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 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 the owner
is present and forbids the same. In such case, the Animal Control
Officer or agent may obtain the requisite search warrant or court
order to seize the dog if a reasonable basis for seizure exists.
A.
Barking or crying dogs. No person shall allow any dog in his keeping,
custody, control or ownership to bark, howl or cry, continuously for
any period longer than 1/2 hour between the hours of 10:00 p.m. and
7:00 a.m. or otherwise repeatedly at intervals of more than 1/2 hour
at any time of the day or night, in such volume or manner as to disturb
the comfort, peace or repose of persons in the vicinity. In addition
to the Animal Control Officer, the Township police are empowered to
enforce this section.
B.
Running at large.
(1)
No person owning, keeping, or harboring any dog shall suffer or permit
such animal to run at large in, upon, or through any public, quasi-public,
or private street, public park or recreation area, public building,
or any other public place or place to which the public is invited,
and no person owning, keeping, or harboring any dog shall suffer or
permit such animal to run at large in, upon, or through any private
property without the authority of the owner of the private property.
(2)
When a dog has been impounded for running at large, the Certified
Animal Control Officer may file a complaint in the Municipal Court.
C.
Dog to be accompanied by person over 12 years old; leash. No person
owning, keeping or harboring any dog shall suffer or permit it to
be upon the public or private streets or in any public place of the
Township unless such dog is accompanied by a person over the age of
12 years and is securely confined and controlled by an adequate leash
not more than six feet long.
D.
Vicious dogs. The Animal Control Officer or the Township police are
empowered to enforce the vicious or potentially dangerous dog statute,
N.J.S.A. 4:19-17 et seq.
E.
Quarantine. The Animal Control Officer may require that a dog that
has bitten any person be quarantined for a ten-day period, as provided
for by N.J.S.A. 26:4-82. Furthermore, the Animal Control Officer may
require the dog owner have the animal examined by a veterinarian.[1]
[1]
Editor's Note: For state law relating to rabies, see
N.J.S.A. 26:4-78 et seq.
F.
Dogs attacking other animals. When a dog attacks other dogs or domestic animals, a complaint may be made against the owner thereof for keeping or harboring such a dog. Violators shall be subject to a mandatory minimum penalty of $100 and the maximum penalty set forth in Chapter 1, Article II, § 1-19, Violations and penalties. The Animal Control Officer may require that the attacking dog be quarantined for a period of at least 10 days after the attack, similar to an attack on a person, pursuant to N.J.S.A. 26:4-82.[2]
[Amended 7-24-2006 by Ord. No. 06-23]
A.
Any dog off the premises of the owner or of the person keeping or
harboring the dog may be impounded and disposed of in accordance with
and pursuant to N.J.S.A. 4:19-15.16 et seq. and N.J.S.A. 4:19-18 et
seq.
B.
Any cat or other domestic animal which the Animal Control Officer
or other authorized person has reason to believe is a stray or unowned
animal may be impounded and disposed of in accordance with and pursuant
to N.J.S.A. 4:19-15.16 et seq. and N.J.S.A. 4:19-18 et seq.
C.
Any cat or other domestic animal off the premises of the owner or
of the person keeping or harboring the cat or other domestic animal
which the Animal Control Officer or other authorized person has reason
to believe is the owner and which is suspected to be rabid, ill, injured,
a threat to public health or safety or damaging public or private
property may be impounded and disposed of in accordance with and pursuant
to N.J.S.A. 4:19-15.16 et seq. and N.J.S.A. 4:19-18 et seq.
D.
If the owner of an animal transfers ownership of the animal to Vernon
Township and pays all fees required under Township ordinance, the
Animal Control Officer may take the animal into custody from the owner's
property and impound and dispose of the animal in accordance with
and pursuant to N.J.S.A. 4:19-15.16 et seq. and N.J.S.A. 4:19-18 et
seq.
A.
ANIMAL
ANIMAL CONTROL OFFICER
BITE
CAT
CAT OF VACCINATION AGE
CONFINEMENT
CONFINEMENT PERIOD
CURRENTLY VACCINATED
DOMESTIC ANIMAL
ENFORCING OFFICER
OWNER
PERSON
STRICT ISOLATION
STRICT ISOLATION PERIOD
WILD ANIMAL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Dog or cat, or other domestic animal.
The Certified Animal Control Officers employed by Vernon
Township.
A bite, scratch or contact with an animal's saliva in
which the saliva may have entered an open wound or come in contact
with mucous membranes.
Any member of the domestic feline species; male, female or
altered.
Any cat which has attained the age of three months, or which
possesses a set of permanent teeth.
The maintenance of the animal on a leash, attached to a cable
run, held in an enclosed pen or within a building at all times.
The time period the animal must remain confined.
An animal which has obtained at least the minimum age for vaccination and has received the said vaccination from a licensed veterinarian. An animal shall be considered immunized 30 days after having been vaccinated and the vaccination has not expired, as per the recommendations contained in Subsection B(2) by a period not to exceed 30 days.
Dog, cat, ferret, and livestock.
The Animal Control Officer, Health Officer, or Sanitary Inspector
with such respective duties provided for in this article.
[Amended 11-13-2008 by Ord. No. 08-21]
When applied to the proprietorship of a domestic animal,
shall include every person having a right of property (or custody)
in such domestic animal and every person who has such domestic animal
in his/her keeping, or who harbors or maintains a domestic animal
or knowingly permits a domestic animal to remain on or about any premises
occupied by that person.
Any individual, corporation, partnership, organization, or
institution commonly recognized by law as a unit.
The confinement of the animal in a cage or pen which allows
feeding and cleaning of the cage or pen but prevents any physical
contact between any persons or other animals and the isolated animal.
The time period the animal must remain in strict isolation.
Any animal which is not a domestic animal, including high
bred wolves, whether vaccinated or not vaccinated.
B.
Rabies vaccinations of cats.
(1)
Vaccination against rabies required. No person shall own, keep, harbor
or maintain any cat over three months of age within the Township of
Vernon, unless such cat is vaccinated.
(2)
Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccine and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in Subsection B(4) and/or any policy formulated by the NJ State Department of Health and Senior Services.
(3)
Vaccination certificate. A certification of vaccination shall be
issued to the owner of each animal vaccinated by the veterinarian
on a form recommended by the state.
(4)
Exemptions. Any cat may be exempt from the requirements of such vaccination
for a specified period of time by the Bureau of Animal Control, upon
presentation of a veterinarian's certification stating that,
because of an infirmity or other physical condition, or regimen of
therapy, the inoculation of the cat shall be deemed inadvisable.
[Amended 11-13-2008 by Ord. No. 08-21]
(5)
Proof of vaccination. Proof of vaccination shall be produced by any
person owning, keeping, maintaining or harboring a cat upon the request
of the enforcing officer or any police officer.
(6)
It is recommended but not required that dogs or cats receiving a three-year vaccination in accordance with the guidelines in Subsection B(2) above be revaccinated in two years to prevent the lapse of immunization.
(7)
It shall be a violation of this article for any person to own a cat
which is not currently vaccinated unless the cat is less than four
months old or the person has owned the cat less than 30 days.
C.
Confinement or strict isolation required.
(1)
Human bitten.
(a)
Any currently vaccinated dog, cat or ferret which bites or scratches
a human shall be confined for 10 days at the owner's expense,
either at the owner's premises or at a veterinarian's office.
(b)
Any dog, cat or ferret not currently vaccinated which bites
a human shall be confined for 10 days at a veterinarian's office,
at the owner's expense.
(c)
Any currently vaccinated domestic animal, other than dogs and
cats, which bites a person shall be confined for 14 days, at the owner's
expense.
(d)
Any domestic animal other than dogs and cats, not currently
vaccinated, which bites a person shall be confined for 14 days and
shall be isolated from contact with other animals for the confinement
period, at the owner's expense.
(e)
Any wild animal which bites a person shall be killed, if captured,
and submitted for rabies examination. There is no acceptable confinement
period for any wild animal, even if raised in captivity.
(2)
Animals bitten by known or suspected rabid animal.
(a)
Currently vaccinated dogs, cats, or other domestic animals shall
be confined for 90 days at the owner's expense, either at the
owner's premises or at a veterinarian's office.
(b)
Dogs, cats or other domestic animals not currently vaccinated
shall either be killed or placed in strict isolation for six months,
at the owner's expense. If the owner does not kill the animal
and the owner cannot construct the isolation pen or cage, then that
animal shall be kept at a veterinarian's office at the owner's
expense until an isolation cage or pen can be built by the owner.
If the owner elects to kill the animal, then the owner shall be required
to pay for preparation and transport of the specimen to the rabies
laboratory, if required by the enforcing officer.
(d)
If a domestic animal is bitten by a wild animal, then a specimen of the wild animal, if available, shall be prepared and examined for rabies, as specified in Subsection C(1)(e).
(e)
If the biting animal is shown to be free from rabies at the time of the bite, based on Subsection C(2)(c) and (d) above, the bitten animal shall be released from confinement or isolation by the Animal Control Officer. The confinement or isolation period as specified in Subsection C(2)(a) and (b) above does not apply once the biting animal is shown to be free from rabies.
(3)
The Animal Control Officer shall release the animal from confinement
or isolation by issuing a written notice at the end of the confinement
or isolation period, if after an inspection of the animal by the Animal
Control Officer no evidence of rabies in the animal is observed.
(4)
The Animal Control Officer shall make periodic inspections, approximately
every three to five weeks, in order to ensure that an animal placed
under confinement or isolation remains so during the confinement or
isolation period.
(5)
If at any time during the confinement or isolation period the animal
shows any neurological signs consistent with rabies, the Animal Control
Officer shall order the animal destroyed by a veterinarian and the
specimen prepared and transported to the Rabies Laboratory. The owner
is responsible for the payment of the preparation and transport.
(6)
The owner of the animal ordered confined or placed in strict isolation
shall be responsible to maintain the animal under the ordered confinement
or strict isolation for the entire confinement or isolation period
and shall not allow the animal to escape or be removed until given
the written release notice from the Animal Control Officer.
(7)
The Mayor in consultation with the Health Officer shall have the
authority to order the confinement of any domestic animal not involved
in a bite incident as described above, if this confinement is required
to control the spread of rabies in Vernon Township.
[Amended 4-27-2015 by Ord. No. 2015-08]
D.
Respective duties of the enforcing officers.
(1)
Ordered quarantine of an animal shall be made by the Animal Control
Officer, Health Director or Sanitary Inspector.
(2)
The Animal Control Officer shall enforce the confinement of the quarantined
animal.
(3)
The Animal Control Officer shall issue the release of the quarantined
animal.
(4)
The Animal Control Officer shall be empowered to issue summonses
for unvaccinated cats.
E.
Interfering with persons performing duties under this section. No
person shall hinder, molest or interfere with anyone authorized or
empowered to perform any duty under this section.
F.
Violations and penalties.
A.
Purpose. The purpose of this section is to protect the health, safety
and welfare of all those frequenting this Township, by preventing
the needless health hazards and nuisances caused by dog feces upon
public and private property located within the Township.
B.
Defecation of private property. No person owning or in charge of
any dog shall cause or allow such dog to soil, defile, defecate upon
or commit any nuisance upon any private property, without the permission
of the owner of the property. Any person owning or in charge of a
dog which soils, defiles, defecates or commits any such nuisance shall
immediately remove all feces deposited by such dog in a sanitary manner.
C.
Defecation on public property. No person owning or in charge of any
dog shall cause or allow such dog to soil, defile, defecate upon or
commit any nuisance on any place where people congregate or walk,
or upon any public property. Any person owning or in charge of a dog
which soils, defiles, defecates or commits any such nuisance shall
immediately remove all feces deposited by such dog in a sanitary manner.
D.
Defecation on owner's property. No person shall permit the accumulation
of dog feces upon his/her property, or property occupied by him/her,
to the extent that the odor may be noticeable to any adjoining property
owners.
E.
Disposal of defecation. The feces removed from the aforementioned
designated areas shall be disposed of by the person owning or in charge
of any such dog in a sealed, nonabsorbent, leakproof container. Disposition
in a sanitary manner shall include taking the feces home for deposit,
or wrapping the feces and placing same in a trash can. It shall not
include burial, disposal by placement in a storm sewer, or placing
unwrapped feces in a trash can.
G.
Disability assistance dogs. The provisions of this section shall
not apply to disabled persons who may use their dogs as guides.
H.
Complaints of violations. In the event of a violation on private
property, a complaint is only to be filed by the owner of such property.
In the event of such a violation occurring on public property, thoroughfare,
walkways or parks, a complaint may be filed by any witness to such
an act.
I.
Enforcement. The Animal Control Officer, a police officer or Sanitary
Inspector may enforce the provisions of this section. A property owner
may enforce this section by filing a complaint in Municipal Court.
No person owning, keeping or harboring a dog or cat or any other
domestic animal shall permit it to do any injury or to do any damage
to any lawn, shrubbery, flowers, grounds or property or a complaint
may be made against the owner or keeper of such animal.
[Amended 7-24-2006 by Ord. No. 06-23]
A.
Any cat with no known owner or custodian shall be considered a public nuisance and shall be subject to Section 148-27B, custody, impounding and disposal of animals if it has no known place of care or shelter; or if it trespasses upon and damages either private or public property; or if it bites, scratches or harms persons within the Township.
Any person who violates any provision of §§ 148-29 through 148-31 may, upon conviction thereof, be subject to the penalties set forth in Chapter 1, Article II, § 1-19, Violations and penalties. A separate offense shall be deemed committed on each day during or on which a violation of §§ 148-29 through 148-31 occurs of continues.
