[Adopted 12-20-1971 as Ch. IX of
the Revised General Ordinances]
[Amended 7-20-1992 by Ord. No. 13-92; 4-15-1996 by Ord. No. 12-96]
As used in this article, 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 person exercising control over a dog or permitting a
dog to remain on premises under his control.
Any establishment where the business of boarding, selling
or breeding dogs for sale is carried on, except a pet shop.
All creatures other than a dog or dog hybrid.
When applied to the proprietorship of a dog, includes every
person having a right of property in the dog and every person who
has a dog in his keeping.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
[Added 3-21-2005 by Ord. No. 14-05]
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, where dogs are kept or displayed for sale.
Any dog or dog hybrid declared potentially dangerous by a
Municipal Court pursuant to N.J.S.A. 4:19-23.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
The running or standing of any dog, on any street or other
public or private place, except on the property of the owner or custodian
of the dog, unattended and not under the immediate control of some
responsible person able to control such dog.
Any establishment where dogs are received, housed and distributed
without charge.
The failure of the owner or harborer of any dog or dogs to
prevent the occurrence of any act on the coming into existence of
any condition prescribed or otherwise regulated by this article, regardless
of the prior knowledge thereof by such owner or harborer.
Any dog or dog hybrid which has been declared by a Municipal
Court to be a vicious dog pursuant to N.J.S.A. 4:19-22.
A.
License; when required. Licenses shall be required
for the following dogs of licensing age:
(1)
Any dog owned or kept within the Township by a resident
of the Township on the first day of January of any calendar year.
(2)
Any dog acquired by any person during the course of
any calendar year and kept within the Township for more than 10 days
after acquisition.
(3)
Any dog attaining licensing age during the course
of the calendar year.
(4)
Any unlicensed dog brought into the Township by any
person and kept within the Township for more than 10 days.
(5)
Any dog licensed by another state, brought into the
Township by any person and kept within the Township for more than
90 days.
(6)
Any unlicensed dog belonging to a rescue organization and brought
into the Township by any person and fostered within the Township for
more than 30 days.
[Added 12-19-2016 by Ord. No.
12-16]
B.
Application for license. Registration numbers shall
be issued in the order in which applications are received. Each application
for a license under this article shall give the following information:
(1)
A general description of the dog sought to be licensed,
including breed, sex, age, color and markings and whether the dog
is of a long- or short-haired variety.
(2)
The name, street and post office address of the owner
of, and the person who shall keep or harbor, the dog.
(3)
Submission of evidence of rabies inoculation.
[Added 9-17-1979 by Ord. No. 63-79]
C.
Application for license; when made. Applications for licenses for dogs which are required to be licensed by the provisions of Subsection A shall be made before the first day of February of each calendar year. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog in question first becomes subject to the provisions of this article.
D.
License record. The information on all applications
under this article and the registration number issued to each licensed
dog shall be preserved for a period of three years by the Township
Clerk. In addition, he shall forward similar information to the State
Department of Health each month on forms furnished by the Department.
E.
Fees. The person applying for a license shall pay
a fee of $13 for each unneutered dog and $10 for each neutered dog.
There shall be a late charge of $4 per month for any application made
after January 31 and before March 1 of each year and an additional
charge of $3 per month for any month or part of a month for any application
made on or after March 1. The same fee shall be charged for the annual
renewal of each license.
[Amended 5-15-1978; 10-19-1981 by Ord. No.
35-81; 12-19-1994 by Ord. No. 29-94; 9-15-2008 by Ord. No. 17-08[1]; 10-20-2014 by Ord. No. 16-14; 11-16-2015 by Ord. No. 12-15; 12-19-2016 by Ord. No. 12-16]
[1]
Editor's Note: This ordinance also provided
that it would take effect 1-1-2009.
F.
Expiration date. Each dog license and registration
tag shall expire on the last day of January of the calendar year following
the calendar year in which it was issued.
G.
Exceptions. The provisions of this article shall not apply to any dog licensed under § 46-5 of this article. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs and dogs used to assist a deaf person and commonly known as "Hearing Ear" dogs shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.
[Amended 12-19-2016 by Ord. No.
12-16]
A.
License required. Any person who keeps or operates,
or proposes to establish a kennel, pet shop, shelter or pound, shall
apply to the Township Clerk for a license entitling him to keep or
operate the establishment. Any person holding the license shall not
be required to secure individual licenses for dogs owned by the licensee
and kept at the establishment; licenses shall not be transferable
to another owner or different premises.
B.
Application information. The application shall contain
the following information:
(1)
The name and permanent and local address of the applicant.
(2)
The street address where the establishment is located,
or proposed to be located, together with a general description of
the premises.
(3)
The purposes for which it is to be maintained.
(4)
The maximum number of dogs to be accommodated by the
establishment at any one time.
C.
Approval of Health Officer. No license shall be issued
until the proposed licensee submits a written statement from the Health
Officer of the Board of Health that the establishment or proposed
establishment complies with local and state rules governing the location
of and sanitation at the establishment.
D.
License term. Any license issued for a kennel, pet
shop, shelter or pound shall state the purpose for which the establishment
is maintained, and all such licenses shall expire on June 30 each
year.
[Amended 9-21-2009 by Ord. No. 25-09]
F.
Compliance with state regulations.
(1)
All licenses issued for a kennel, pet shop, shelter
or pound shall be subject to revocation by the Township Committee
on recommendation of the State Department of Health or the Board of
Health for failure to comply with the rules and regulations of the
State Department of Health or the Board of Health, after the owner
has been afforded a hearing by either the State Department of Health
or the Board of Health.
(2)
Any person holding a license to establish, keep or
operate a kennel, pet shop, shelter or pound shall comply with all
Township ordinances and the rules and regulations promulgated by the
State Department of Health governing the sanitary conduct and operation
of kennels, pet shops, shelters and pounds, the preservation of sanitation
and the prevention of the spread of rabies and other diseases of dogs
within and from these establishments.
G.
Reports to State Health Department. The Clerk 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
are issued, which list shall include the name and address of the licensee
and the kind of license issued.
H.
Control of dogs off premises. No dog kept in a kennel,
pet shop, shelter or pound shall be permitted off the premises, except
on leash or in a crate or other safe control.
A.
License fees and other moneys collected or received
under the provisions of this article, except registration tag fees,
shall be forwarded to the Township Treasurer 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 and shall be used for
the following purposes only: collecting, keeping and disposing of
dogs liable to seizure under this article; local prevention and control
of rabies; providing anti-rabies treatment under the direction of
the local Board of Health for any person known or suspected to have
been exposed to rabies; all other purposes prescribed by the statutes
of New Jersey governing the subject, and for administering the provisions
of this article. Any unexpended balance remaining in the 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 article.
At the end of the third fiscal year following and at the end of each
fiscal year thereafter, there shall be transferred from the special
account to the general funds of the Township any amount then in the
account which is in excess of the total amount paid into the special
account during the last two fiscal years next preceding.
B.
The registration tag fee for each dog shall be forwarded
within 30 days after collection by the Clerk to the State Department
of Health.
[Amended 10-19-1981 by Ord. No. 35-81]
[Amended 9-17-1979 by Ord. No. 63-79]
The Township shall cause an annual dog canvass
to be conducted of all dogs owned, kept or harbored within the limits
of the Township. The person or persons so designated to conduct this
canvass shall report to the Clerk, the Board of Health and to the
State Department of Health the results thereof, setting forth in separate
columns the following information:
A.
The names and addresses of persons owning, keeping
or harboring dogs.
B.
The number of licensed dogs owned, kept or harbored
by each person, together with the registration number of each dog.
C.
The number of unlicensed dogs owned, kept or harbored
by each person, together with a complete description of each unlicensed
dog.
[Added 7-20-1992 by Ord. No. 13-92]
A.
Establishment. The position of Certified Animal Control
Officer is hereby established under the jurisdiction of the Police
Department. The Certified Animal Control Officer shall be an employee
of the Township and subject to the control and direction of the Chief
of Police or his designee.
B.
Appointment. The Township Committee shall appoint
and employ a Certified Animal Control Officer who shall be responsible
for animal control within the Township of Washington and who shall
enforce and abide by the provisions of N.J.S.A. 4:19-15.1 et seq.
and N.J.S.A. 4:19-17 through 4:19-30.
C.
Duties. The Certified Animal Control Officer shall
be responsible to enforce the measures and provisions for the control
of dogs contained in N.J.S.A. 4:19-15.1 et seq. and N.J.S.A. 4:19-17
through 4:19-30 and the provisions of this article.
D.
Qualifications. The Certified Animal Control Officer
shall be a person 18 years of age or older who has satisfactorily
completed a course of study approved by the Commissioner of Health
on the control of animals, prescribed by P.L. 1983, c. 525,[1] or who has been employed in the State of New Jersey in
the capacity of and with similar responsibilities to those required
of certified animal control officers pursuant to the provisions of
P.L. 1983, c. 525, for a period of three years.
[1]
Editor's Note: See N.J.S.A. 4:19-15.16a.
[Amended 7-20-1992 by Ord. No. 13-92]
A.
Applicable state law. State law governing vicious
and potentially dangerous dogs and all requirements pertaining to
the declaration of vicious and potentially dangerous dogs are set
forth in N.J.S.A. 4:19-17 et seq.
B.
Costs of impoundment to be responsibility of owner. If a dog is declared to be vicious or potentially dangerous pursuant to N.J.S.A. 4:19-17 et seq., the owner shall be liable to the Township for all costs and expenses associated with its impoundment and/or destruction. The fees for impoundment and destruction shall be as set forth in § 46-12, Fees for impoundment and destruction of dogs.
C.
Potentially dangerous dog license; fees. It shall
be the duty of the owner of a dog which is declared to be potentially
dangerous to secure a special potentially dangerous dog license, registration
number and red identification tag and to comply with any other conditions
imposed by the Municipal Court pursuant to N.J.S.A. 4:19-24. The license
fee for a potentially dangerous dog pursuant to N.J.S.A. 4:19-17,
et seq. shall be $700.
[Amended 4-15-1996 by Ord. No. 12-96]
[Amended 9-17-1979 by Ord. No. 63-79; 7-16-1984 by Ord. No. 20-84; 7-20-1992 by Ord. No. 13-92]
A.
Causes for impounding. The Animal Control Officer
shall take into custody and seize, or cause to be taken into custody
and impounded, any of the following dogs:
[Amended 12-19-1994 by Ord. No. 29-94]
(1)
Any unlicensed dog running at large in violation of
the provisions of this article.
(2)
Any dog off the premises of the owner of or the person
keeping or harboring the dog which the Animal Control Officer or his
agent has reason to believe is a stray dog.
(3)
Any dog off the premises of the owner of or the person
keeping or harboring such dog without a current registration tag on
its collar.
(4)
Any female dog in season off the premises of the owner
of or the person keeping or harboring such dog.
(5)
Any dog which he has reasonable cause to believe may
be vicious or potentially dangerous as provided in N.J.S.A. 4:19-19,
provided that these dogs may also be seized by any police officer,
and provided further that if the dogs cannot be seized with safety,
they may be killed.
B.
Access to premises. Any officer or agent authorized
or empowered to perform any duty under this article is hereby authorized
to go onto any premises to seize for impounding any dog which he may
lawfully seize and impound when the officer is in immediate pursuit
of the dog, except on the premises of the owner of the dog if the
owner is present and forbids the same.
C.
Notice of seizure.
(1)
If any dog so impounded or seized wears a registration
tag, collar or harness showing the name and address of any person,
or if the owner of or the person keeping or harboring the dog is known,
the Animal Control Officer shall immediately serve on the person whose
address is given on the collar, or on the person owning, keeping or
harboring the dog, 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 service of the notice.
(2)
A notice under this subsection 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 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.
The Animal Control Officer is authorized and
empowered to cause the destruction of any unclaimed dog, in as humane
a manner as possible, under any of the following contingencies:
A.
When any dog so seized has not been claimed by the
person owning, keeping or harboring the dog within seven days after
notice or within seven days of the dog's detention when notice has
not been or cannot be given, as set forth in the previous subsection.
B.
If the person owning, keeping or harboring any dog
so seized has not claimed the dog and has not paid all expenses incurred
by reason of its detention, including but not limited to a pickup
fee of $10, veterinary expenses and maintenance expenses.
C.
If the seized dog is unlicensed at the time of its
seizure and the person owning, keeping or harboring the dog has not
produced a license and registration tag as provided in this article.
[Amended 12-19-1994 by Ord. No. 29-94]
The person owning, keeping or harboring any dog seized pursuant to § 46-10, Impounding and Destruction of Certain Dogs, shall be required to pay all expenses incurred by reason of its detention, including veterinary and maintenance expenses and any expenses which may be incurred by the Township if necessary to destroy said animal, as well as an administration fee of $20.
No person shall own, keep or harbor a dog in
the Township except in compliance with the provisions of this article
and the following regulations.
A.
Wearing of registration. All dogs which are required
by the provisions of this article to be licensed shall wear a collar
or harness with the registration tag for the dog securely fastened
thereto.
B.
Use of registration tags. 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.
C.
Interference with official duties. No person shall
hinder, molest or interfere with anyone authorized or empowered to
perform any duty under this article.
D.
Disturbing the peace. No person owning, keeping or
harboring an animal shall permit, suffer or allow said animal to:
[Amended 7-20-1992 by Ord. No. 13-92[1]]
(1)
Habitually bark, howl or cry. The habitual barking,
howling or crying of a dog or dogs in the Township is hereby declared
to be a disturbing noise within the meaning of N.J.S.A. 40:48-1, Subsection
8, and a nuisance.
(2)
Run at large within the limits of the Township, except
that the provision shall not apply to hunting dogs during hunting
season or while they are being trained, provided that at all times
such dogs are under the control of the owner or trainer.
(3)
In the case of a dog or dogs, be off the premises
of such owner or person so harboring said dog or be upon a public
street or other public place in the Township, unless the dog shall
be accompanied by a person who is capable of controlling such dog
and has the dog securely confined.
(4)
Cause damage to any lawn, shrubbery, flowers, grounds,
trees or any property of persons other than the owner or person having
the care, custody or control of such dogs.
[Amended 2-19-2007 by Ord. No. 3-07]
(5)
Soil or defile or to commit any nuisance upon any
sidewalk, street or thoroughfare, in or upon any public property or
in or upon the property of persons other than the owner or person
having the care, custody or control of such dog.
[1]
Editor's Note: This ordinance also deleted
former Subsection 9-8.5, Additional Regulations.
[Amended 7-16-1984 by Ord. No. 20-84]
A.
Dog bites; known owner or harborer. Where it has been
determined that a person has been bitten by a dog, the individual,
or his parent or guardian if he is a minor, shall immediately notify
the police. When the owner or keeper of any dog is notified by the
police that the dog has bitten an individual, the owner or keeper
of the dog shall comply with the following procedures:
(1)
Have the dog examined by a licensed veterinarian within
12 hours, unless the dog has a current rabies vaccination.
[Amended 11-17-1986 by Ord. No. 40-86]
(2)
Have the dog kept in quarantine in the owner's home
or at a kennel at the direction of the authorized agent of the of
Health for a period of 10 days, unless the dog does not have a current
rabies vaccination. The unvaccinated dog must be quarantined under
the supervision of a licensed veterinarian for a period of 10 days,
the cost of which is to be borne by the owner or harborer.
[Amended 12-17-1990 by Ord. No. 36-90]
(3)
At the end of 10 days have the dog reexamined by a
veterinarian and a written report of the dog's state of health sent
to the Board of Health.
(4)
Where the dog dies for any reason within the quarantine
period, the owner or keeper shall be responsible for obtaining the
head of the animal and transporting the head to the State Department
of Health. In lieu thereof, the owner may request that the Township
transport the head of the animal and shall pay the Township a fee
of $125 or the actual cost, whichever is less, which will cover all
transportation expenses incurred by the Township in providing this
service.
[Amended 6-15-1987 by Ord. No. 15-87; 4-16-1990 by Ord. No. 15-90; 11-21-1994 by Ord. No.
24-94]
B.
Animal bites; unknown owner or harborer. Where the
owner or keeper of an animal, wild or domestic, which has bitten a
person is unknown, the individual bitten, or his parent or guardian
if he is a minor, or the owner or harborer of a domestic animal who
has been bitten shall be responsible for the transportation of the
head of the biting animal to the State Department of Health for rabies
testing. In lieu thereof, such individual may request that the Township
transport the head of the animal and shall pay the Township a fee
of $125 or the actual cost, whichever is less, which will cover all
transportation expenses incurred by the Township in providing this
service.
[Amended 6-15-1987 by Ord. No. 15-87; 4-16-1990 by Ord. No. 15-90; 12-17-1990 by Ord. No.
36-90; 11-21-1994 by Ord. No. 24-94]
[Amended 7-20-1992 by Ord. No. 13-92; 5-16-2005 by Ord. No. 17-05; 8-20-2018 by Ord. No. 12-18]
In addition to the Animal Control Officer and Municipal Humane Law Enforcement Officer, all police officers of the Township, regular and special, and their authorized agents are hereby given full power and authority and are charged with the duty to enforce all provisions of this article, as permitted by law. In addition, the Department of Public Works Superintendent or his/her duly authorized designee, the Health Officer or his/her duly authorized designee, the Zoning Officer and/or his/her duly authorized designee and the Township Engineer and/or his/her duly authorized designee, are hereby given full power and authority and are charged with the duty to enforce the provisions of § 46-16.
[Amended 9-17-1979 by Ord. No. 63-79; 10-15-1984 by Ord. No. 25-84; 4-16-2007 by Ord. No. 9-07]
A.
Except as otherwise provided by N.J.S.A. 4:19-15.1 et seq., and N.J.S.A. 4:19-16 et seq., any person who violates §§ 46-4, 46-5, or 46-13A, B or C of this article shall be liable to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the local Board of Health or the Township, as the case may be, except that for the first offense in the case of a violation of § 46-4 or § 46-13A, the penalty shall be not less than $1 nor more than $50 to be recoverable in the same manner.
[Added 7-20-1992 by Ord. No. 13-92; amended 3-21-2005 by Ord. No. 14-05]
A.
Any person owning or in charge of any pet which soils,
defiles, defecates on or commits any nuisance of any common thoroughfare,
sidewalk, passageway, bypath, play area, park or any place where people
congregate or walk, or upon any public property whatsoever, or upon
any private property without permission of the owner of said property,
shall immediately remove all feces deposited by any such pet in a
sanitary manner.
B.
The feces removed from the aforementioned designated
areas shall be disposed of by the person owning or in charge of the
pet by placement in a designated waste receptacle, or other sealed,
nonabsorbent, leakproof container, and discarded in a refuse container
which is regularly emptied by the municipality or some other refuse
collector; or by disposal into a system designed to convey domestic
sewage for proper treatment and disposal.
C.
The provisions of this article shall not apply to
pet owners and keepers who require the use of a disability assistance
animal while such animal is being used for that purpose.
