§ 8-2LICENSING OF DOGS.
§ 8-2.1License required.
§ 8-2.2Application for license and registration.
§ 8-2.3Fees; exception.
§ 8-2.4Dogs of licensing age.
§ 8-2.5Application information.
§ 8-2.6Dogs from another state.
§ 8-2.7Removal of registration tag.
§ 8-3KENNELS, PET SHOPS, SHELTERS AND POUNDS.
§ 8-3.1License required.
§ 8-3.2Application for license.
§ 8-3.3Purpose; expiration; revocation of license.
§ 8-3.4Individual dog licenses not required; nontransferable.
§ 8-3.5License fees.
§ 8-3.6Safe control required.
§ 8-3.7List forwarded to state health department.
§ 8-4DISPOSITION OF REVENUE.
§ 8-4.1Use of fees.
§ 8-4.2Transferral of unexpended balance.
§ 8-4.3Registration tag fee forwarded to state department of health.
§ 8-5ANNUAL DOG CANVASS.
§ 8-6DOG WARDEN.
§ 8-6.1Appointment; duties.
§ 8-7IMPOUNDMENT OF DOGS.
§ 8-7.1Impounding, destroying or disposing of dogs.
§ 8-7.2Access to premises authorized; exception.
§ 8-7.3Interference with authorized personnel prohibited.
§ 8-8VICIOUS DOGS.
§ 8-8.1Control required.
§ 8-9CONTROL OF DOGS.
§ 8-9.1Running at large prohibited.
§ 8-9.2Adequate leash required.
§ 8-9.3Injury to person, property prohibited.
§ 8-9.4Unreasonable barking, howling prohibited.
§ 8-10RABID ANIMALS.
§ 8-11FINES AND COSTS.
§ 8-13PROCEDURE FOR COMPLAINTS; AUTHORITY OF COURT.
§ 8-15POLICE DOGS.
§ 8-15.1Unlawful treatment.
§ 8-15.2Violations and penalties.
§ 8-16DISPOSAL OF DOG EXCRETA.
§ 8-16.1Discharge of excreta on public or private property prohibited.
§ 8-17FRIGHTENING HORSES AND ANIMALS; RUNNING AT LARGE.
§ 8-17.1Frightening horses and animals.
§ 8-17.2Animals running at large.
As used in this chapter:
- Any carnivorous domesticated mammal (Canis familiaris), whether male or female, regardless of age.
- DOG OF LICENSING AGE
- 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, 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.
- An establishment for the confinement for the confinement of dogs seized under the provisions of this chapter.
- Any establishment where dogs are received, housed and distributed without charge.
- STRAY OR ABANDONED ANIMAL
- Any domesticated animal, carnivorous or otherwise, to effectuate this section.
- The Township of Deptford in the County of Gloucester.
- VICIOUS DOG
- Any dog biting any person, dog or other animal.
No person shall keep, harbor or possess any dog within the Township, without first obtaining a license therefor, to be issued by the Township Clerk and/or the enforcing official of the Township Board of Health, upon application by the owner and payment of the prescribed fee. No person shall keep, harbor or possess any dog in the Township except in compliance with the provisions of this section.
Any person who shall own, keep or harbor a dog of licensing age shall in the month of January 1967, and annually thereafter, apply for and procure from the Township Clerk and/or the enforcing official of the Township Board of Health a license and official metal registration tag for each such dog so owned, kept or harbored, and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.
Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog 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 a license and registration tag for such dog within 10 days after such acquisition or age attainment.
The application shall state the breed, sex, age, color and markings of the dog for which a license and registration are sought and whether it is of a long- or short-haired variety, and the name, street and post office address of the owner and the person who shall keep or harbor such dog. The information on the application and the registration number issued for the 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. Registration numbers shall be issued in the order of the applications.
Any person who shall bring or cause to be brought into the Township, any dog licensed in another state for the current year, bearing a registration tag, and who 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 such dog is licensed under subsection 8-3.4 of this chapter.
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.
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Township Clerk for a license to entitle him to keep or operate such establishment.
The application shall describe the premises where the establishment is located or is proposed to be located and the purpose or purposes for which it is to be maintained and shall be accompanied by the written approval of the enforcing official of the Board of Health or the Township Board of Health, showing compliance with the local and State rules and regulations governing the location of and sanitation at such establishments, and shall be accompanied in writing the approval of the adjoining property owners within 200 feet of a proposed establishment.
All licenses 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 the last day of January of each year and be subject to revocation by the Township Council on recommendations of the State Department of Health or the Township Board of Health for failure to comply with the rules and regulations of the State Department or the Township Board of Health governing the same after the owner has been afforded a hearing by either the State Department or the Township Board of Health.
Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments, and such licenses shall not be transferable to another owner or different premises.
The annual license fee for 10 or less dogs shall be $50 and the license fee for more than 10 dogs shall be $100 and the annual license fee for a pet shop shall be $50. No fee shall be charged for a shelter or pound.
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 other safe control.
The Township 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 therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
License fees and other moneys collected or received under the provisions of this chapter, except registration tag fees, shall be forwarded to the Township Treasurer at the regular meeting of the Township Council each month after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Township and which shall be used for the following purposes only:
For collecting, keeping and disposing of dogs liable to seizure under this chapter.
For local prevention and control of rabies.
For providing antirabic treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies.
For all other purposes prescribed by the statutes of New Jersey governing the subject and for administering the provisions of this chapter.
Any unexpended balance remaining in such 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 subsection. At the end of the third fiscal year following and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the Township any amount then in such account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
The registration tag of $0.50 for each dog shall be forwarded within 30 days after the collection by the Township Clerk to the State Department of Health.
The Township shall, promptly after February 1, annually thereafter, cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township and shall report to the Township Clerk, the Township Board of Health and to the State Department of Health 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 of the persons, together with the registration numbers of each of the dogs, and the number of unlicensed dogs owned, kept or harbored by each of the persons, together with a complete description of each of the unlicensed dogs.
The Township Manager shall have the power to appoint a Dog Warden and a Deputy Dog Warden and to designate a person or facility for the impounding, destroying or disposing of dogs or other animals pursuant to the provisions of this chapter. The Dog Warden's and Deputy Dog Warden's duties shall be to enforce the provisions of this chapter, and they may impound all dogs running at large in violation of the provisions of this chapter and perform such other acts as are allowed by law.
The Dog Warden of the Township shall take into custody and impound, or cause to be taken into custody and impounded, and thereafter destroyed or disposed of as provided in this subsection:
Any dog off the premises of the owner or of the person keeping or harboring the dog which the Dog Warden 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 the 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 the dog.
If any dog so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag or if the owner or the person keeping or harboring the dog is known, the Dog Warden shall forthwith serve on the person whose address is given on the collar or on the owner or the person keeping or harboring the dog, if known, 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 the service of the notice.
A notice under this subsection may be served either by delivering it to the person on whom it is to be served, 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 post 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.
Every dog so seized and impounded shall be kept, fed and kindly treated by the Dog Warden and Deputy Dog Warden or that person or facility designated by the Township Manager for the purpose of impoundment for the above period of seven days and may be redeemed by the owner by the payment of the license fee and maintenance fee, which shall be $5 for the first day, $4 for the second day and $3 for each additional day that the dog is impounded. All moneys collected by the Dog Warden shall be turned over to the Township Treasurer no later than the first day of each month following receipt thereof by the Dog Warden, and a report thereof shall be made to the Township Council at its next regular meeting.
Every dog impounded as aforesaid and not redeemed within the period of seven days may be destroyed by such Dog Warden or such other person or facility designated by the Township Manager for such purpose but only in such humane manner causing as little pain as possible. A dog which has bitten a human being or which is suspected of being a rabid dog shall be held for 10 days.
If any resident of the Township shall deliver to the Dog Warden or such other person or facility authorized by the Township Manager any dog owned by the resident who requests that the dog be destroyed, that resident shall be required to pay to the Township a fee no less than $3 or such other fee as may have been established by the Township by agreement with other persons or facilities. Upon good cause shown, the Township Manager may waive payment of the fee. No impounded dog shall be redeemed or released until after the same has been duly licensed and tagged as required by this section.
Any officer or agent authorized or empowered to perform any duty under this section 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.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter, and any person who shall in any way hinder or interfere with the Dog Warden, Deputy Dog Warden, Police Officers or officials or any other peace officers in the performance of their duty under the provisions of this chapter or who shall refuse to give information to any person authorized under this chapter shall be deemed to have violated the provisions of this chapter.
No vicious dog, whether licensed or not, shall be permitted by the owner or person harboring the dog to be in or upon any public street or public place in the Township at any time or to trespass upon the property of any other person in the Township without being safely muzzled and accompanied by a person at least 14 years of age and of such a mental and physical capacity that he or she is able to control the dog at all times, provided always, in any case, that there shall be a leash control of the dog by an adequate leash with not more than six feet thereof extended between the person in control of the dog and the dog itself, and any vicious dog so unmuzzled and/or running at large shall be deemed in violation of this chapter and shall be impounded by any Policeman, special officer or Dog Warden and be delivered to the official dog pound of the Township and the owner or person harboring such dog in violation of this subsection shall be issued a summons or warrant by the impounding officer and shall be brought before the Judge of the Municipal Court of the Township, and the Judge shall decide in his discretion whether the dog be destroyed and shall assess the owner or person harboring such dog in accordance with the penalty section of this chapter.
Any person owning, keeping or harboring any dog (whether the dog is licensed or unlicensed) who shall suffer or permit the dog to run at large in or about the streets, highways or public places of the Township, or to run at large upon lands and premises of any person other than the owner or persons in possession of the dog without permission of the landowner first obtained in writing shall be guilty of a violation of this section.
No person owning, keeping or harboring any dog shall suffer or permit the same to be upon the public streets or in any public places of the Township unless such dog is accompanied by a person over the age of 12 and of such mental and physical capacity that he or she is able to control the dog by leash, provided always in any case that there shall be a leash control of such dog by an adequate leash with not more than six feet thereof extended between the person in control of such dog and the dog itself.
No person owning, keeping or harboring a dog shall permit or suffer it to do any injury to persons, or to do any damage to any lawn, shrubbery, flowers, grounds or property of any kind.
No person who owns, keeps, harbors, or possesses any dog or dogs shall suffer or permit such dog or dogs to bark or howl in such a manner as to be unreasonable in its intensity or duration so as to annoy, disturb or create discomfort of residents within the vicinity of such occurrence. Unreasonable barking or howling shall include but shall not be limited to a dog barking or howling continually for 10 minutes or intermittently for 30 minutes, unless provoked.
Any dog, cat or other animal which has attacked or bitten a person shall be confined at the expense of the owner or person in charge of it, upon the premises of the owner or person in charge or at some other place designated in the notice issued by the quarantining officer, who shall be the appointed Dog Warden, Deputy Dog Warden or the enforcing official of the Board of Health. Quarantine period shall be for at least 10 days after the animal has attacked or bitten a person. The rules and regulations of the local Board of Health governing quarantine procedure shall be followed.
Any dog or other warm blooded animal showing signs and/or symptoms and/or appearing to be mad or rabid and threatening human beings or other animals, shall be killed immediately by any Policeman, special officer or Dog Warden, in a manner not to mutilate the head portion of the dog or animal and the head shall be delivered promptly to the New Jersey State Department of Health Laboratories for analysis, to determine whether the dog or animal was infected with communicable rabies.
All fines under this chapter shall be made payable to the Dog Account of the Township of Deptford and all costs recovered under this chapter shall be paid to the Township Treasurer.
For the better enforcement of this chapter, the Chief of Police of the Township and every member of the Department shall share with the Dog Warden all the responsibilities of enforcement and it shall be the duty of the Chief of Police and all officers under his command to see that the provisions of this chapter are strictly enforced. The Dog Warden may at any time call upon the Chief of Police or any officer under his command for aid and assistance wherever such aid is more conducive toward the effectuating of this chapter and it shall be the duty of the Police Department and all members thereof to respond promptly to the call of any citizen who reports any violation hereof.
The Judge of the Municipal Court of the Township or any person duly designated to sit in his stead is empowered by this chapter upon the filing of a complaint in writing by any person authorized by the local Board of Health, when the plaintiff is the local Board of Health and by the Chief of Police or any member of the Police Department, the Director of the Police Committee of the Township or the duly designated Dog Warden, when the plaintiff is the Municipality, alleging that a violation of this chapter has occurred, which complaint may be made upon information and belief, to issue process at the suit of the local Board of Health, or of the Township as the case may be, as plaintiff. The process shall be either in the nature of a summons or warrant, which warrant may issue without any order of the Court first being obtained against the person so charged, which process when in the nature of a warrant shall be returnable forthwith and when in the nature of a summons shall be returnable in not less than five days. The process shall state what provision of this chapter or of any statute pertaining to the subject matter hereof has been violated by the defendant or defendants. The Court having jurisdiction may, at all times, amend all defects and errors in the complaint and process issued hereunder.
Any person who shall violate the provisions of this chapter shall be liable for a penalty of not less than $5 or more than $50 for the first offense, and not less than $10 nor more than $50 for each subsequent offense, to be recovered in the manner provided by N.J.S.A. 4:19-15.19, et seq. Any person who shall violate any other provision of the chapter shall be liable for a fine of not more than $100 for the first offense, and for each subsequent offense, shall be liable, upon conviction, for the penalty stated in Chapter 1, Section 1-5. Each day in which such violation continues shall be deemed to constitute a separate offense.
It shall be unlawful for any person or persons to willfully strike, or attempt to strike, torment, interfere with or otherwise harm or inflict cruelty upon dogs attached to the Canine Unit of the Township Police Department or any other canine unit of any lawfully constituted Police Department.
Any person who shall violate any of the provisions of this section shall, upon conviction thereof, be sentenced to a fine not exceeding $200 for each violation or to imprisonment not exceeding 30 days, or both.
No person shall engage in any practice, sport or exercise having a tendency to frighten horses or other animals, or to annoy persons passing in the streets or on the sidewalks.
No person shall allow any animal owned or kept by him to run at large in or about the streets, highways or public places of the Township or to run at large upon lands and premises of any other person without first obtaining the written permission of the landowners.