[1]
Editor's Note: For regulations pertaining to the Keeping
of Swine, see Section BH:8-4 of the Township Board of Health Code.
[Ord. No. 7-10-67; 1967 Code § 20-1]
As used in this chapter:
Any carnivorous domesticated mammal (Canis familiaris), whether
male or female, regardless of 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.
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.
Any domesticated animal, carnivorous or otherwise, to effectuate
this section.
The Township of Deptford in the County of Gloucester.
Any dog biting any person, dog or other animal.
[Ord. No. 7-10-67; 1967 Code § 20-2]
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.
[Ord. No. 7-10-67; 1967 Code § 20-3]
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.
[Ord. No. 7-10-67; Ord. No. 0-32-78; Ord. No. 9-28-81; Ord. No. 0-6-85 § 1; 1967 Code § 20-4]
[Ord. No. 7-10-67; 1967 Code § 20-5]
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.
[Ord. No. 7-10-67; 1967 Code § 20-6]
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.
[Ord. No. 7-10-67; 1967 Code § 20-7]
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.
[Ord. No. 7-10-67; 1967 Code § 20-8]
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.
[Ord. No. 7-10-67; 1967 Code § 20-9]
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.
[Ord. No. 7-10-67; 1967 Code § 20-9A]
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.
[Ord. No. 7-10-67; 1967 Code § 20-9B]
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.
[Ord. No. 7-10-67; 1967 Code § 20-9C]
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.
[Ord. No. 7-10-67; Ord. No. 0-7-80; 1967 Code § 20-10]
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.
[Ord. No. 7-10-67; 1967 Code § 20-11]
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.
[Ord. No. 7-10-67; 1967 Code § 20-13]
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.
[Ord. No. 7-10-67; 1967 Code § 20-12A]
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:
A.
For collecting, keeping and disposing of dogs liable to seizure under
this chapter.
B.
For local prevention and control of rabies.
C.
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.
D.
For all other purposes prescribed by the statutes of New Jersey governing
the subject and for administering the provisions of this chapter.
[Ord. No. 7-10-67; 1967 Code § 20-12B]
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.
[Ord. No. 7-10-67; 1967 Code § 20-12]
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.
[Ord. No. 7-10-67; 1967 Code § 20-14]
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.
[Ord. No. 7-10-67; Ord. No. 0-27-77; 1967 Code § 20-15]
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.
[Ord. No. 7-10-67; Ord. No. 0-27-77; 1967 Code § 20-16]
A.
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:
(1)
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.
(2)
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.
(3)
Any female dog in season off the premises of the owner or of the
person keeping or harboring the dog.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
[Ord. No. 7-10-67; 1967 Code § 20-17]
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.
[Ord. No. 7-10-67; 1967 Code § 20-18]
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.
[Ord. No. 7-10-67; 1967 Code § 20-19; New]
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.
[Ord. No. 7-10-67; 1967 Code § 20-22]
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.
[Ord. No. 7-10-67; 1967 Code § 20-23]
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.
[Ord. No. 7-10-67; 1967 Code § 20-24]
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.
[Ord. No. 7-10-67; 1967 Code § 20-25; Ord. No. 0-12-94]
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.
[Ord. No. 7-10-67; 1967 Code § 20-26]
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.
[Ord. No. 7-10-67; 1967 Code § 20-21]
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.
[Ord. No. 7-10-67; 1967 Code § 20-20]
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.
[Ord. No. 7-10-67; 1967 Code § 20-27]
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.
[Ord. No. 7-10-67; 1967 Code § 20-28]
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.
[New]
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.
[Ord. No. 0-13-81; 1967 Code § 20-32]
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.
[Ord. No. 0-13-81; 1967 Code § 20-33]
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.
[1]
Editor's Note: See Chapter BH:8, subsection BH:8-1.1,
Enumeration of Nuisances.
[Ord. No. 7-14-24; Ord. No. 0-35-78; 1967 Code § 46-8A]
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.
[Ord. No. 7-14-24; Ord. No. 0-35-78; 1967 Code § 46-8B]
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.
