[HISTORY: Adopted by the Mayor and Council of the Borough of Newfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 172.
[Adopted 8-9-2011 by Ord. No. 2011-10[1]]
[1]
Editor's Note: This ordinance also repealed former Chapter 73, Animals, which comprised Art. I, Dog Licensing and Regulation, adopted 9-23-1925 (Ch. 94, Art. I, of the 1991 Code), as amended; and Art. II, Vicious Dogs, adopted 4-12-1988 by Ord. No. 88-2 (Ch. 94, Art. II, of the 1991 Code), as amended.
The words hereinafter defined shall have the meanings herein prescribed for the purposes of this article as follows:
ABANDONED DOG OR CAT
A cat or dog of any age which shall be left unattended, unclaimed, unlicensed or at large for a period of 72 hours or more.
AT LARGE
An unleashed dog or cat off the premises of the owner.
BOROUGH OFFICIAL
Any Borough Code Enforcement Official, Borough of Newfield or Township of Franklin Police Department officer, Gloucester County Animal Control Officer ("GCACO"), the Borough Clerk, or any other official or person assigned or designated by Mayor and Council.
[Amended 3-14-2019 by Ord. No. 2019-2]
CAT
Any animal of the feline species (Felis catus).
COMMERCIAL KENNEL
Any establishment for the treatment, care, boarding or breeding of dogs or cats for a fee.
DOG
Any animal of the canine species (Canis familiaris), except dingoes.
DOG OR CAT OF LICENSING AGE
Any dog or cat which has attained the age of six months or which possesses a set of permanent teeth.
LEASHED
Restrained by a leash no greater than six feet in length, attached to a collar or harness of sufficient strength to restrain the dog or cat, and which shall be held by a person having the ability to control the animal at hand.
OWNER
Any person having a right of property in any dog or cat and every person who has a dog or cat in his/her custody, and any person exercising control over a dog or cat or permitting, allowing or suffering a dog or cat to remain on premises under his/her control, or anyone who takes a dog or cat out into the public streets, sidewalks or public ways.
PERSON
An individual, firm, partnership, corporation or association of persons.
PIT BULL DOG
A. 
The pit bull terrier breed of dog.
B. 
The Staffordshire bull terrier breed of dog.
C. 
The American pit bull terrier breed of dog.
D. 
The American Staffordshire terrier breed of dog.
E. 
Dogs of mixed breed or of other breeds than listed under Subsections A through D above whose breed or mixed breed is commonly known as "pit bulls," "pit bull dogs," or "pit bull terriers."
POUND
An establishment for the confinement of dogs and cats seized under the provisions of this article or otherwise.
PUBLIC NUISANCE
A dog or cat that causes damage to public or private property or causes harm to any person.
SHELTER
Any establishment where dogs and cats are kept or housed without charge.
STRAY DOG OR CAT
A dog or cat having no known owner or custodian.
VICIOUS DOG OR CAT
A. 
Any dog with a propensity, tendency, or disposition to attack, cause injury, or otherwise endanger the safety of human beings or other domestic animals as evidenced by its habitual or repeated chasing, snapping, or barking.
B. 
Any dog which attacks a human being or other domestic animal without provocation.
C. 
Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
D. 
Any pit bull dog.
(Reserved)
A. 
License requirement. No person shall own, keep, harbor or maintain any dog or cat over six months of age within the Borough of Newfield unless such dog or cat is licensed. The provisions of this section do not apply to dogs or cats held by a state or federal licensed researched facility, a veterinary establishment or a licensed animal shelter, pound, kennel or pet shop. No dog or cat may be licensed without proof of vaccination as detailed below.
B. 
Dogs or cats subject to licensing requirement. Any dog or cat as indicated below is subject to the licensing requirement:
(1) 
Any dog or cat acquired by any person during the course of any calendar year and kept within the Borough for more than 10 days after acquisition.
(2) 
Any dog or cat attaining licensing age during the course of the calendar year.
(3) 
Any unlicensed dog or cat brought into the Borough by any person and kept within the Borough for more than 10 days.
(4) 
Any dog or cat licensed by a borough or municipality of another state brought into the Borough by any person and kept within the Borough for more than 90 days.
C. 
Previously licensed pets. Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and a license and tag issued by any other municipality in this state shall be accepted by the Borough as evidence of compliance with this section. However, upon the expiration of the license for that dog or cat issued by another municipality of this state, said dog or cat shall be so licensed in accordance with this article.
D. 
Licensing fees. All dogs and cats within the limits of the Borough of Newfield shall be licensed in accordance with New Jersey statutes, and the licensing fee therefor shall be as follows:
(1) 
For neutered dogs or cats: $15.20.
(2) 
For nonneutered dogs or cats: $18.20.
(3) 
A late fee of $5 in addition to the fees set forth above shall be imposed upon an owner where a dog or cat within the Borough limits qualifying for a license on the first day of each year is not licensed on or before the first day of March of each calendar year.
E. 
Vaccination. All dogs and cats within the Borough of Newfield shall be vaccinated against rabies in accordance with the following:
(1) 
Vaccination shall be performed by a veterinarian licensed to practice in the State of New Jersey. The vaccine used shall be from a manufacturer licensed by the Bureau of Animal Husbandry of the United States Department of Agriculture, or such other agency as shall be approved by the State Department of Health. The dosage shall be as recommended by the manufacturer. All dogs and cats shall be revaccinated before the expiration of the period of time for which the vaccine used is known to be effective.
(2) 
The health officer may exempt any dog or cat from the provisions of this subsection if there is presented to him/her a certificate from a licensed veterinarian stating that it would be undesirable to vaccinate a particular dog or cat for a specified period of time because of the animal's age, infirmity or other physical condition.
(3) 
No vaccination shall be required for any dog or cat confined to a licensed kennel, pet shop, shelter, pound or veterinary hospital.
(4) 
The fact that a dog or cat has been vaccinated against rabies shall be evidenced by a certificate from the veterinarian performing the vaccination. The certificate shall either be on a form approved by the health officer or a State or County Board of Health Officer, or a standard immunization certificate shall be used by the veterinarian. The certificate shall be presented to the health officer within 10 days after each vaccination. In the case of dogs or cats vaccinated before being brought into the Borough, the certificate shall be presented to the health officer within 10 days after the animal is brought into the Borough.
(5) 
No dog or cat license shall be issued until the certificate indicating that it has been vaccinated against rabies or the certification that it is not necessary to vaccinate the dog or cat endorsed by the Borough Health Officer or other designated person has been presented to the Borough Clerk.
F. 
Wearing of collar and registration tag. All dogs and cats for which licenses are required by the provisions of this article shall wear a collar or harness with the registration tag for such dog or cat securely fastened to it. No person, except an appropriate officer in the performance of his or her duties, shall remove a registration tag from the collar of any dog or cat without the consent of the owner; nor shall any person attach a registration tag to a dog or cat which was not issued in accordance with this article.
Any dog or cat owner who shall suffer, allow or permit any unlicensed dog or cat to run at large or who shall suffer, allow or permit any dog or cat, whether licensed or not, to run at large without the tag as provided by law, or who shall cause or permit any unlicensed dog or cat to wear such a tag, shall be guilty of a violation of this article.
A dog designated as a "vicious dog" is a dog as defined under § 73-1 above.
A. 
Enforcement. It shall be the duty of the Borough Official, as designated by Borough Council, and/or the Borough Police Department, to receive and investigate complaints against dogs. If said police officer or Animal Control Officer deems any dog complained of to be a vicious dog as defined in § 73-1, said officer shall be empowered to immediately take possession of and impound said dog if necessary to preserve the health and safety of any persons or property, or if said dog is at large without an owner. Said police officer or Borough official shall be empowered to issue a summons to any owner for appearance in the Borough Municipal Court.
B. 
Hearing in municipal court concerning vicious dog. The municipal court shall notify in writing the owner of an alleged vicious dog that a complaint has been made and require the owner to appear before the court at a stated time and place for a hearing. The Municipal Court shall conduct the hearing in the same manner as it would conduct a trial of any other matter. If the court determines that the dog complained of constitutes a vicious dog as defined by this article, the owner shall be so notified in writing.
C. 
Muzzling requirement. No person owning or having control of the dog which has been determined to be a vicious dog shall permit it to be off of the property of the owner without being securely muzzled and leashed. It shall be a violation of this article should the owner fail to properly muzzle and leash said dog while off the owner's property.
D. 
Destruction of vicious dogs. Any such vicious dog as defined by this article which is unmuzzled or at large in violation of this section may be impounded or destroyed by any Borough official or police officer, or may be destroyed at any time not less than 48 hours after its capture, unless the owner shall, before its destruction, reclaim the same and pay the penalty hereinafter provided for a violation of this article, and said owner shall immediately muzzle the same as herein provided.
A. 
Habitual barking. No person shall own any dog which habitually cries or barks in a manner which would disturb or annoy a reasonable person. An annoyance or disturbance, for the purpose of this section, shall be defined as barking, howling or crying continuously for a period of 10 minutes or more or intermittently for 30 minutes or more. A violation of this subsection shall subject the owner of the offending dog to the penalties for a violation of this article.
B. 
Running at large; leash required; prohibition in certain public places.
(1) 
No person owning a dog shall permit it to run at large upon the public streets, public park, public buildings, or in any other public place within the Borough, nor permit a dog to run at large upon private property without the permission of the owner. No person owning a dog shall permit it upon the public streets or in any other public place in the Borough unless the dog is accompanied and controlled by a person over the age of 10 and is securely fastened to a leash.
(2) 
Notwithstanding the provisions of this section, it shall be a violation of this article for any person owning, keeping or harboring any dog to suffer or permit such dog, whether on a leash or not, to be upon any parks or recreation or athletic fields owned, maintained or operated by the Borough of Newfield or upon any property owned, maintained or operated by the Board of Education of the Borough of Newfield.
C. 
Damage to property prohibited. No person owning or in control of a dog or cat shall permit it to damage any lawn, shrubbery, flowers or grounds of any public park, public building or other public place within the Borough, or upon any private property without the permission of the owner.
D. 
Damage or injury to other property, pets or persons prohibited. It shall be a violation of this article for an owner of a dog or cat to suffer, allow or permit the following prohibited acts:
(1) 
Bite, chase or jump upon or otherwise impede the mobility of any person or place in such person a reasonable apprehension of bodily harm or injury.
(2) 
Chase, leap upon or otherwise impede the progress of any bicyclist or other person utilizing self-powered transportation, or a motor vehicle or motorized transportation.
(3) 
To kill or injure any other dog, cat or other household pet.
(4) 
To destroy or damage any structure or equipment on any public park, public building or other public place, or upon private property without the permission of the property owner.
E. 
Defecation on public or private property prohibited; exception.
(1) 
No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such a dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypass, park, open space area, or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner of the property.
(2) 
Notwithstanding anything contained in Subsection E(1) above to the contrary, the restrictions as set forth above shall not apply to that portion of the street lying between the curblines which shall be used to curb such dog upon the following conditions:
(a) 
The person who curbs the dog shall immediately remove feces deposited by the dog by a sanitary method, such as in a sealed, nonabsorbent, leakproof container (i.e., plastic bag).
(b) 
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed in a sanitary manner, but shall not be placed in a public trash receptacle or storm drain.
(3) 
Any owner or person in custody of any dog or cat being walked upon any common thoroughfare, sidewalk, street, passageway, path or any place where people congregate must have in his or her possession a sealed, nonabsorbent, leakproof container as described in Subsection E(2)(a) above, and appropriate materials or devices to remove feces deposited by the animal. The designated Borough official charged with the enforcement of this article may inquire of such owner or person in custody of any such dog or cat as to whether said individual has the appropriate container on his or her person. The failure to possess such container and materials to clean up feces deposited by the animal shall constitute a separate violation of this article.
(4) 
The requirements of this section shall not apply to the owner of any dog when said dog is utilized as a guide for any person or owner who is legally blind.
F. 
Nonneutered cats running at large prohibited. It shall be a violation of this article for the owner of any cat which has not been neutered and licensed in accordance with requirements of this article, and properly displaying a tag as required, to run at large within the Borough of Newfield.
G. 
Placement of food outside residence without a licensed pet prohibited. No person who is not a licensed owner of a dog or cat shall place food for dogs or cats outside of their home unless they are the owner of the licensed dog(s) or cat(s).
A. 
Impounding; right of entry; notice to owner. Any officer or Borough official of the Borough of Newfield empowered to perform any duty under this article is hereby authorized to take into custody and impound any of the following dogs or cats:
(1) 
Any dog or cat off the premises of the owner which such appropriate officer has reason to believe is a stray;
(2) 
Any dog or cat off of the premises of the owner without a current registration tag on its collar;
(3) 
Any female dog in season off of the premises of the owner;
(4) 
Any dog which has been determined to be a vicious dog as defined in this article which is not muzzled and/or on a leash.
(5) 
If any dog or cat impounded and seized wears a registration tag attached to its collar or harness having inscribed on it or attached to it the name and address of any person or the owner of the dog, a notice shall be given in writing and served on the premises of the person or owner within 24 hours of the seizure stating that the dog or cat 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. Notice may be served either by delivering it in 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 dog's or cat's collar, or by forwarding it by mail in a prepaid letter addressed to that person at such address.
(6) 
Any officer authorized or empowered to perform any duty under this article is hereby authorized to go upon any premises to seize for impounding any such dogs or cats when such officer is in immediate pursuit of such animal.
B. 
Destruction of impounded dogs or cats. When any dog or cat has been detained for seven days after notice as set forth above has been given, or has been detained for seven days after seizure when notice has not been given due to the owner of such animal being unknown, and that the owner or person keeping or harboring the dog or cat whose name is on the tag of the registration has not claimed the dog or cat and paid all expenses incurred by reason of its detention, including a redemption fee of $25 plus a maintenance fee of $25 per day, and the appropriate licensing fees paid in full, and proof of vaccination produced, the dog or cat may be destroyed in an appropriate and humane manner, or may be adopted by a responsible party. All fees as set forth herein may be paid directly to the Borough official empowered to receive such fees.
A. 
Biting of person by dog or cat. When any dog or cat bites a person, the police or Borough official may order the owner of the dog or cat to confine it, either on the owner's premises or at any other reasonable location, at the owner's sole cost and expense, which the officer shall designate, for a period of not less than 10 days.
B. 
Examination of confined animal. The Borough Health Officer, officer of the County Board of Health, or Borough official shall have the right to examine any dog or cat confined under the provisions of Subsection A herein, at any time, including daily examinations for a period of 10 days after the dog or cat has attacked or bitten any person, to ascertain whether the animal shows signs or symptoms of rabies.
C. 
Release of animals confined. Following the passage of 10 days as required by Subsection A herein, an animal so quarantined shall be released, but only upon the issuance of a certificate of release, which shall indicate that the animal appears to be healthy and free from rabies. Said certificate shall be maintained by the appropriate Borough official, and a copy shall be provided to the owner and individual bitten by the animal upon its release.
D. 
Determination of infected animal; notice to public. Whenever the designated Borough official is notified or determines for himself or herself that the animal so quarantined is infected with rabies, said officer shall order all persons knowing or having custody of the dog in the Borough to keep the animal confined and to promptly notify the individual bitten by the animal of the determination. The Official shall also cause to be published in the newspaper or official publication of the Borough notice to all persons who may have come into contact with the animal, with a description reasonably identifying the animal, and post said notice on the official Borough bulletin board.
[Amended 3-14-2019 by Ord. No. 2019-2]
The Borough official shall enforce the provisions of this article. Nothing herein shall prohibit a private citizen from bringing or signing a complaint for an alleged violation of this article.
[Added 3-14-2019 by Ord. No. 2019-2[1]]
Gloucester County Animal Control Officers, or other designate, may investigate and/or require compliance for violations pursuant to N.J.S.A. 4:22. In the event the GCACO or designate sees or recognizes a potential criminal situation, or the need arises where a criminal investigation is warranted, the GCACO shall make contact/report to the Municipal Humane Law Enforcement Officer for further action. The GCACO may continue to contribute to the investigation as requested or required.
[1]
Editor's Note: This ordinance also redesignated former §§ 73-10 through 73-14 as §§ 73-11 through 73-15, respectively.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
The Animal Control Officer of the Borough shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough and shall report to the Clerk, the Borough Board of Health and to the State Department of Health and Senior Services on or before September 1 of each year the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring dogs, the number of licensed dogs owned, kept or harbored by each person, together with the registration number 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.
A. 
Violations. For a violation of any of the regulations under this article, complaints may be filed by either citizens or police for the violation of any of the regulations on either public or private property.
B. 
Penalties.
(1) 
Except as provided in N.J.S.A. 4:19-15.19, any person who violates any provision of this article shall, upon conviction thereof, be subject to a fine not to exceed $500 or imprisonment of not more than 90 days, or both, and each and every day in which said violation exists or each and every act in violation shall constitute a separate offense.
If any section, paragraph, subsection, clause or other provision of this article shall be adjudged by a court of competent jurisdiction to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or other provision so adjudged, and the remainder of this article shall be deemed valid and effective.
This article shall take effect upon final passage, adoption and publication in the manner prescribed by law.
[Adopted 3-10-2022 by Ord. No. 2022-6]
As used in this article, the following terms shall have the meanings indicated:
CHICKEN
A domesticated bird of the order of Galliformes in the genus of Gallus (chickens) that serves as a source of eggs or meat.
COOP
The structure for the keeping or housing of chickens permitted by this article.
ROOSTER
A male chicken.
RUN
A fully enclosed and covered area attached to a coop for the chickens to roam.
The purpose and intent of this article is permitting the keeping and maintenance of backyard chickens for egg and meat sources in a clean and sanitary manner that is not a nuisance or detrimental to the public health, safety, and welfare of the Borough of Newfield.
A. 
No person shall keep any ducks, geese, turkeys, pheasants, pigeons, quail, partridges, guineas, or other like domestic fowl within the Borough of Newfield, except backyard chickens may be kept by residents of single-family homes which meet the criteria set forth in this article.
B. 
No chickens shall be slaughtered in the Borough of Newfield.
All coops and runs shall be:
A. 
Constructed in accordance with existing zoning regulations, the Building Code and all other applicable ordinances or laws of the Borough of Newfield.
B. 
Constructed with concrete floors.
C. 
Dry and ventilated with windows to admit sunlight.
D. 
Constructed for the provision of clean water.
E. 
Kept clean and sanitary at all times and subject to periodic inspection by a designated Borough official.
F. 
Disinfected or otherwise treated when so directed by a designated Borough official.
G. 
Cleaned weekly to remove droppings from each coop and buried, removed from the premises, or otherwise disposed of at least once each week.
H. 
Predator proof.
A. 
Chickens, chicken coops and enclosed chicken runs are permitted only in the rear yard of any eligible property as same is defined under the Zoning Code.
B. 
Coops and runs shall be set back at least:
(1) 
Twenty feet from the habitable portion of any neighboring residential dwelling; and
(2) 
Ten feet from any property line; and
(3) 
Two hundred feet from any food or eating establishment.
C. 
Garages, attached or otherwise, and accessory buildings shall not be considered a "residential dwelling" for purposes of calculating set back distance in this article.
All feed for immediate consumption shall be placed in suitable feeding troughs or similar containers; all other feed shall be stored in ratproof containers at all times.
Neither backyard chickens nor their eggs shall be kept for sale or in the preparation of sale.
A. 
No more than 30 licenses may be issued at any given time. Any additional households may be considered on an individual basis by Borough Council.
B. 
Each license shall be limited to eight chickens. New licensees, defined as those individuals obtaining a license on or after the effective date of this article, shall only be permitted a maximum of six chickens for their first year. No roosters are permitted.
C. 
Maximum permitted area of the chicken coop shall be 100 square feet.
D. 
The maximum permitted height of a chicken coop, regardless of stacking, shall be six feet and six inches as measured from the natural grade.
No person shall keep backyard chickens pursuant to this article without first obtaining a license from the Municipal Clerk's office and paying the required fee of $15 annually. Every license issued under this article shall expire on December 31 of each year. A license may be revoked if the licensee refuses or fails to comply with this article or any other state or federal law governing the keeping of chickens or cruelty to animals.