[Adopted 2-8-1973 by Ord. No. 2-73 (Ch. 59, Art. I, of the 1981 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The purpose of this article shall be to preserve the public peace and good order in the Township of Marlboro and to maintain the public health, safety and general welfare by enforcing certain regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of the owners of dogs and the rights and privileges of the citizens of the Township of Marlboro.
As used in this article, the following terms shall have the meanings indicated:
- ANIMAL CONTROL OFFICER
- A certified municipal animal control officer as defined in N.J.S.A. 4:19-15.1.
- The mating and/or raising of dogs, the training or education or rearing of dogs for private hobby or show purposes.
- As applied to an animal, shall mean that such animal is securely confined or restrained and kept on the owner's premises, either within a building, kennel or wire or other suitable enclosure or securely fastened on a chain, wire or other effective tether of such length and so arranged that the animal cannot reach or endanger any person or any adjacent premises or on any public street, way or place, or, if the animal is being transported by the owner, that it is securely confined in a crate or other container or is so restrained in a vehicle that it cannot escape therefrom.
- 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.
- PUBLIC NUISANCE
- As applied to an animal, shall describe, designate or apply to:
- A. Every animal which seriously and habitually disturbs the peace and quiet of the neighborhood by barking or howling or making other disturbing noises.
- B. Every animal which habitually chases any persons or bicycles, automobiles or other vehicles upon any public highway or in any such public place.
- RUN AT LARGE
- As applied to an animal, shall include the running animal at all times when it is off the premises of its owner or is on the premises of another without his consent and is not under the visual and voice control of its owner.
- SEEING EYE DOG
- Any dog used as a guide for the blind. The user of any such dog shall be exempt from paying the license and registration fee provided for herein.
Editor's Note: See N.J.S.A. 4:19-15.1 et seq.
Application for licenses. No dog of licensing age shall be allowed to be harbored in the Township of Marlboro without being licensed as hereinafter provided:
The owner of any dog of licensing age harbored in the Township of Marlboro shall register annually said dog as to sex, breed, color and markings and whether such dog is of a long- or short-hair variety; the name, address and telephone number of the owner, name of dog and proof of rabies inoculation with the Division of Licenses and Permits and pay therefor an annual fee of $12 for every neutered or spayed dog or $15 for every non-neutered or nonspayed dog. In the event that more than two dogs shall be registered, then each dog’s registration fee thereafter shall be $4 for neutered or spayed dogs and $7 per non-neutered or nonspayed dogs. The same fees shall be charged for the annual renewal of each license and registration tag. In addition, the owners shall pay any statutory fees required by N.J.S.A. 4:19-15.3, 4:19-15.3b and 4:19-15.3c. Owners of “Seeing Eye dogs,” service dogs or dogs used to assist deaf persons must be licensed and registered, but shall be exempt from the payment of fees pursuant to the authority granted to the Township by N.J.S.A. 4:19:15-12. License and registration tags shall expire on the last day of January of each year. The registration tag fee shall be forwarded within 30 days after collection to the State Department of Health. The remainder thereof is to be paid to the Treasurer of the Township of Marlboro, who shall place the same in a special account as provided by N.J.S.A. 4:19-15.11.
The owner of any newly acquired dog of licensing age, or any dog which attains licensing age, shall apply for a license and registration tag within 10 days of such acquisition or age attainment.
Any license registration for a dog obtained during the current licensing year in the city, borough or municipality of the State of New Jersey shall be honored in the Township of Marlboro for that year, and a duplicate Township of Marlboro license and tag shall be issued at the cost equal to the maximum amount allowable under state law.
[Amended 12-10-2009 by Ord. No. 2009-43; 4-15-2010 by Ord. No. 2010-8]
There shall be no administrative or other penalty imposed for the late registration, prior to May 1 of any year, of a dog required to be licensed prior to that date under any of the sections of this article. An administrative penalty of $15 shall be imposed for registration of a dog required for licensing taking place on or after May 1 of any year. This payment shall be due and payable in addition to the registration fee.
If a dog owner fails to register his or her dog for licensing before July 1 of any year for dog licensing required prior to that date, then such owner shall be deemed to be in violation of the Code of the Township of Marlboro and thereby subject to the imposition of the minimum fine set forth in § 94-8 of this article. No municipal court appearance shall be required unless the owner pleads not guilty to the alleged violation.
Any person who shall bring or cause to be brought into this state 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 state for a period of more than 90 days shall immediately apply for a license and registration tag for such dog in the Township of Marlboro unless the dog shall be licensed as part of a kennel. Any person who shall bring or cause to be brought into this state any unlicensed dog and shall keep 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 in the Township of Marlboro unless such dog is licensed as part of a kennel.
Securing tag to collar of dog.
The registration tag shall be securely fastened to the collar of the dog, and, in cases where the registration tag is lost, the owner of said dog shall apply for a new registration tag, which shall be issued at a cost of $1 to the owner of the dog.
[Amended 12-10-2009 by Ord. No. 2009-43]
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.
Other licenses. The provisions of N.J.S.A. 4:19-15.8 through 4:19-15.10 in regard to the proper licensing and registration of a kennel, pet shop, shelter or pound are applicable within the Township of Marlboro.
License record. The information on all applications under this chapter and the registration number issued to each licensed dog shall be preserved for a period of three years by the Township Clerk. In addition, the Township Clerk shall forward similar information to the State Department of Health each month on forms furnished by the Department.
Dog establishments whose dogs are confined upon the premises shall not be required to license or register such dogs.
Establishments in which dogs are being trained for private hobby or show purposes shall not be required to license or register such dogs. Dogs in such dog establishments shall not be permitted off the premises except on a leash or while being trained in a confined area used for such training. Dogs in dog establishments shall not be permitted off the premises except on a leash, in a crate or under other complete control.
The owner of dogs being bred for sale in private premises may do so for only one litter of such mated dog. However, all provisions of this chapter shall apply to such owners as to registration and control.
All kennel and pet shop licenses shall be issued in the same manner and for the same periods as dog licenses.
No dog shall run at large at any time in the municipality.
No person owning a dog or having the care, custody or control of any dog shall permit such dog to be off the premises owned or in other manner in possession of such person, unless the dog is accompanied by a person at least 10 years of age and capable of controlling the dog which shall be on a leash not more than six feet long.
No dog owner shall allow the dog owned by him or in his care or custody to disturb the peace of the municipality by barking for a continued period of time in such a manner as to annoy the persons adjacent to his premises.
Dogs and other animals which are penned outside of the home shall be adequately housed in a shelter of appropriate size for the size of the animal. Adequate food and water shall be provided for the animal.
No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any public nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park, school ground, or any place where people congregate or walk, or upon any public or private property without the permission of the owner of said property. The restriction in this subsection shall not apply to the street right-of-way, except for a sidewalk, from property line to property line, which shall be used to curb such dog under the following conditions:
The person who so curbs a dog shall immediately remove all feces deposited by such dog in accordance with Article IV of this chapter.
No person who shall own, harbor or be in charge of a dog or other animal shall allow such dog or other animal to do any injury or damage to any lawn, shrubbery, flowers, grounds, trees or any property belonging to anyone other than the owner or person having the care or custody of such dog or other animal.
A female dog in heat must be confined to the house or pen. When she is walked or exercised, she must be on a leash and controlled by a responsible adult. During the period a female dog is in heat, such dog shall not be chained or tied in an open yard or area at any time.
Notwithstanding anything in this article to the contrary, no person or persons shall own, keep, harbor or maintain at any one time within the limits of the Township of Marlboro more than five dogs of licensing age, except in a kennel or pet shop, and except for dogs that are held and confined in a shelter or pound under the provisions of this chapter.
[Added 12-10-2009 by Ord. No. 2009-43]
The Council of the Township of Marlboro hereby adopts and makes part of this chapter the provisions of the New Jersey Statutes, Title 4, Chapter 22, §§ 15 through 25.2 (N.J.S.A. 4:22-15 et seq.) as pertains to cruelty to animals occurring within the jurisdiction of Marlboro Township, with the exception that penalties imposed for municipalities prosecutions under this chapter shall be in accordance with § 94-11 of this chapter.
All dogs kept in the Township of Marlboro are required to be inoculated against rabies by a licensed veterinarian annually. Upon expiration of all licenses, registration tags and renewals thereof on the last day of January of each year, no new license, registration tag or renewal thereof shall be issued unless the applicant shall present to the Division of Administration a certificate showing that the dog to be licensed has received an antirabies inoculation during the twelve-month period preceding the application for such license, registration tag or renewal thereof.
Animal Control Officer. The Mayor shall appoint an Animal Control Officer for the exercise of such duties as it shall deem necessary for the enforcement of the provisions of this chapter. The Animal Control Officer who has completed the training required pursuant to Paragraph 4 of Subsection a. of Section 3 of P.L. 1983, c. 525 (N.J.S.A. 4:19-15.16a) shall have the power and authority, within the jurisdiction of the Township of Marlboro, to:
[Amended 7-7-2016 by Ord. No. 2016-9]
Enforce all laws or ordinances enacted for the protection of animals, including, but not limited to, animal control, animal welfare and animal cruelty laws of the state and ordinances of the Township;
Investigate and sign complaints concerning any violation of an animal control, animal welfare or animal cruelty law of the state or ordinance of the Township; and
Act as an officer for detection, apprehension and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the state and ordinances of the Township.
Interference with enforcement. No person shall hinder, molest or interfere with anyone authorized to perform any duty under this chapter.
Annual dog census. An annual census of all dogs harbored within Marlboro Township will be taken under the direction of the Marlboro Township Police Department and with the assistance of the Division of Administration.
Dogs or other animals deemed dangerous.
When, in the judgment of any officer of the Police Department of the Township of Marlboro, any dog or other animal is considered to be dangerous and a threat to humans or other animal life or property, said officer is authorized to kill such animal for the protection of any person or property.
Any dog or other animal having twice bitten any person or persons or another domestic animal shall, upon the third offense, be deemed a dangerous animal and shall be apprehended by the police or enforcing officer or officers under the Marlboro Township dog control program or this chapter and taken into custody, thereafter to be destroyed in a humane manner in accordance with the laws of the State of New Jersey, except where such biting takes place:
The Animal Control Officer, or any law enforcement officer of the Township of Marlboro, shall enforce the provisions of N.J.S.A. 4:19-17 et seq. and Chapter 94 in accordance with the laws of the State of New Jersey, including but not limited to N.J.S.A. 4:19-17 et seq. and such provisions of Chapter 94 as may be applicable.
Any person who shall violate any provision of this article shall be subject to a minimum fine of no less than $50 for each and every violation and a maximum fine as allowable by law, including but not limited to N.J.S.A. 4:19-29, or imprisonment for a term not exceeding the maximum allowable by law, or both, except that violations of § 94-3A(4), Licensing requirements, shall be subject to an administrative penalty, pursuant to § 94-3A(4) hereinabove, and no municipal court appearance shall be required for such violation, unless the owner pleads not guilty to the alleged violation.
[Amended 12-10-2009 by Ord. No. 2009-43]
Any animal impounded within the provisions of this article shall be disposed of at the discretion of the person or persons authorized to handle the control of animals by the Township.