[HISTORY: Adopted by the Township Council of the Township of Evesham 2-19-1991 by Ord. No. 8-2-91. Amendments noted where applicable.]
Cats — See Ch. 61A.
Fees — See Ch. 72.
Noise — See Ch. 104.
Zoning — See Ch. 160.
Editor's Note: This ordinance also repealed former Ch. 67, Dogs, adopted 6-24-1964 by Ord. No. 10-64, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- ANIMAL CONTROL OFFICER
- A certified Municipal Animal Control Officer or, in the absence of such an officer, the chief law enforcement officer of the municipality or his designee.
- The New Jersey Department of Health.
- Any 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, whichever is sooner.
- DOMESTIC ANIMAL
- Any cat, dog or livestock other than poultry.
- HEALTH OFFICER
- The Burlington County Health Department.
- Any establishment or premises whereupon or wherein four or more dogs are kept, maintained or harbored or whereupon or wherein the business of boarding, selling or breeding dogs is carried on, except a pet shop.
- LICENSING AUTHORITY
- The agency or department of this municipality or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this chapter.
- Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
- 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.
- An individual, firm, partnership, corporation or association of persons.
- PET SHOP
- Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
- POTENTIALLY DANGEROUS DOG
- Any dog or dog hybrid declared potentially dangerous by the panel pursuant to § 67-8 of this chapter.
- Any 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.
No person shall own, keep, harbor or maintain any dog over seven months of age within this municipality unless such dog is vaccinated and licensed. The provisions of this section do not apply to dogs held by a state or federal licensed research facility or a veterinary establishment where dogs are received or kept for diagnostic, medical, surgical or other treatments or licensed animal shelters, pounds, kennels or pet shops.
All dogs shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization, published by the National Association of State Public Health Veterinarians, except as provided for in Subsection D.
A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the state.
Any dog may be exempted from the requirements of such vaccination for a specified period of time by the local Board of Health upon presentation of a veterinarian's certificate stating that, because of an infirmity or other physical condition or regimen of therapy, the inoculation of such dog shall be deemed inadvisable.
Any person who shall own, keep or harbor a dog of licensing age shall, in the month of January of each year, apply for and procure from the Township Clerk a license and official metal registration tag for each such dog.
Any person who shall fail to procure a license and registration for any dog of licensing age by January 31 of any year shall pay a late fee in addition to the license and registration fee in accordance with the fee schedule contained in Chapter 72 of this Code. Said licenses, registration tags and renewals thereof shall expire on the last day of January of each year.
[Amended 3-21-2006 by Ord. No. 15-3-2006]
Dogs used as guides for blind persons and dogs specifically trained to assist the handicapped, commonly known as "Seeing Eye" dogs, shall be licensed and registered as other dogs hereinbefore provided for, except that the owner or keeper thereof 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 and procure a license and registration tag for such dog within 10 days after the acquisition or age attainment. There shall be no adjustment of the license or registration fee for licenses or registration tags issued and valid for a fractional portion of the license year.
Any person who shall bring a dog into this Township from another state shall apply for a license and registration tag for said dog within 90 days after it is brought into this Township if it is registered in such other state, and within 10 days if it is not registered in such other state.
The municipality shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the municipality and shall report, on or before September 1 of each year, to the Clerk or other person designated to license dogs in the municipality and to the State Department of Health, the results thereof.
[Amended 1-6-1998 by Ord. No. 5-1-98]
No owner of any dog nor any person in charge of any dog shall suffer or permit such animal to run at large upon any public street, public park, public building or other public place within the Township or on private property without the permission of the owner of said property or other person having control thereover.
Every person owning, keeping or harboring any dog in this Township shall prevent such dog from running at large upon the lands of any person, other than the person owning, keeping or harboring such dog, without the consent of the owner of such lands.
No person shall own, keep or harbor a dog or other domestic animal which habitually barks, howls, cries or makes other noises for more than any one hour or continuous barking and howling for periods of less than one hour but more than 1/2 hour, which periods occur on two or more consecutive days, whether during the day or night. No person shall own more than one dog or other domestic animal which, as a collective group, habitually barks, cries, howls or make other noise for more than any one hour or continuous barking and howling for periods of less than one hour but more than 1/2 hour, whether during the day or night. Nothing in this section shall prohibit the normal and occasional barks, cries, howls or other noises associated with any one such domestic animal.
No person who shall own or be in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any other place where people congregate or walk or upon any public property whatsoever or upon any private property, without the permission of the owner or person in control of said property. The restrictions in this section shall not apply to that portion of the street lying between the curblines or upon the street surface, which shall be used to curb such dog, subject to the following conditions:
The person who curbs such dog shall immediately remove all feces deposited by such dog in a sanitary manner.
The feces removed from the aforesaid designated area shall be disposed of by the person owning or in charge of any dog curbed in accordance with the provisions of this chapter, in a sanitary manner.
Every person owning, keeping or harboring any dog in this Township shall prevent such dog from wounding or killing any other dog or other domestic animal.
Every person owning, keeping or harboring any dog in this Township shall prevent such dog from becoming a public nuisance.
Every person owning, keeping or harboring any dog in this Township shall prevent such dog, if it is a female and in season, from being off the grounds or property of the person owning, keeping or harboring such dog.
The governing body shall have the power to appoint annually an Animal Control Officer who shall enforce the provisions of this chapter.
The Animal Control Officer shall take into custody and impound or cause to be taken into custody and impounded and thereafter destroyed and disposed of:
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.
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.
Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.
Any officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any dog which he may lawfully seize and impound when such officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog if said owner is present and forbids the same.
No person shall hinder, molest or interfere with anyone performing any duty which he is authorized or empowered to perform under this chapter.
[Amended 12-10-1996 by Ord. No. 41-10-96; 11-22-2005 by Ord. No. 22-11-2005]
For the purposes of this section, the provision of N.J.S.A. 4:19-17 et seq. shall apply.
Seizure and impoundment of dog by Animal Control Officer authorized.
An Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe the dog:
Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1b to that person;
Caused bodily injury as defined in N.J.S.A. 2C:11-1a to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;
Engaged in dog fighting activities as defined in N.J.S.A. 4:22-24 and 4:22-26; or
Has been trained, tormented, badgered, bated or encouraged to engage in unprovoked attacks upon persons or domestic animals.
The dog shall be impounded as soon as reasonably possible after said cause is determined to exist and until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the Township Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.
Notice of seizure and impoundment; determination of identity of owner; notice of hearing; return of statement by owner; destruction of dog.
The Animal Control Officer shall notify the Municipal Court and the Municipal Health Officer immediately that he has seized and impounded a dog pursuant to N.J.S.A. 4:19-19, or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The Animal Control Officer shall, through a reasonable effort, attempt to determine the identity of the owner of any dog seized and impounded pursuant to N.J.S.A. 4:19-19. If its owner cannot be identified within seven days, the dog may be humanely destroyed.
The Animal Control Officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to N.J.S.A. 4:19-19, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment, and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return, within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted, or if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter, or does not reply to the certified letter with a signed statement within seven days of receipt, the dog may be humanely destroyed.
Fee for licenses. The sum to be paid annually for a potentially dangerous dog license, and each renewal thereof, shall be $700.
Additional provisions. In addition to the terms and conditions of N.J.S.A. 4:19-23, where a dog is found to be potentially dangerous, but is not ordered to be destroyed in a humane and expeditious manner, every owner of a dog determined to be potentially dangerous shall:
Any person who shall own, keep or harbor a dog shall provide it with proper and adequate food and water, proper shelter and protection from the weather and with humane care and treatment. No person shall inhumanely beat, ill-treat, torment or otherwise abuse a dog.
It is hereby declared to be the policy of the Township to:
Provide a central agency for the rapid reuniting of lost dogs and their owners.
Provide facilities for the quick removal of unwanted dogs from the community.
Enable as many unclaimed dogs as possible to be placed in new homes and provide for the humane destruction of unwanted dogs.
Provide clean comfortable shelter and adequate food and water for the animals impounded.
Protect the rights of dog owners.
Provide protection of the rights of citizens of the community against careless or thoughtless dog owners.
[Amended 6-15-2004 by Ord. No. 16-6-2004]
Except as otherwise provided in this chapter, any person who violates or refuses to comply with this chapter shall be liable to a penalty as established under the general penalty provisions of this Code at § 1-15.