[Adopted 9-1-1981 as Art. IV of Board of Health Ord. No. 1-1981]
As used in this Article, the following terms
shall have the meanings indicated:
Any wild or domesticated warm-blooded creature.
[Added 12-20-1982 by Board of Health Ord. No. 3-1982]
An animal control center or animal shelter, maintained by
or under contract with any state, county or municipality, whose mission
and practice is, in whole, or significant part, the rescue, temporary
care, and placement of animals in permanent homes or rescue organizations.
[Added 5-1-2017 by Ord.
No. 3-2017]
Any not-for-profit organization which has tax-exempt status
under § 501(c)(3) of the United States Internal Revenue
Code, whose mission and practice is, in whole or in significant part,
to house and care for homeless animals, with the intent of placing
the animals in responsible, more permanent homes as soon as possible.
[Added 5-1-2017 by Ord.
No. 3-2017]
Refers to an animal off the premises of the person owning
or keeping or harboring it and not securely fastened to a tether,
leash, cord or chain or the like.
[Amended 12-20-1982 by Board of Health Ord. No. 3-1982]
Any person, firm, corporation, or organization in the business
of breeding cats or dogs.
[Added 5-1-2017 by Ord.
No. 3-2017]
Any person, firm, corporation, or organization who sells
a cat or dog to a pet shop, whether or not the broker is also the
breeder of the cat or dog.
[Added 5-1-2017 by Ord.
No. 3-2017]
Any feline.
[Added 12-20-1982 by Board of Health Ord. No. 3-1982]
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
All nonfarm animals, e.g., horse, cow, sheep or goat.
[Added 12-20-1982 by Board of Health Ord. No. 3-1982]
Any establishment wherein or whereon the business of boarding
or selling animals or breeding animals for sale is carried on, except
a pet shop.
[Amended 12-20-1982 by Board of Health Ord. No. 3-1982]
Includes every person having a right of property in such
animal and every person who has such animal in his keeping.
[Amended 12-20-1982 by Board of Health Ord. No. 3-1982]
Any person engaged in the ordinary course of business in
the sale of cats or dogs to the public for profit or any person who
sells or offers for sale more than five cats or dogs in one year.
[Added 5-1-2017 by Ord.
No. 3-2017]
Any place of business which is not part of a kennel, wherein
animals, including, but not limited to, dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils, are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship
rather than for business or research purposes.
[Amended 7-18-1994 by Board of Health Ord. No. 2-1994; 5-1-2017 by Ord. No. 3-2017]
An establishment for the confinement of animals seized either
under the provisions of this Article or otherwise.
[Amended 12-20-1982 by Board of Health Ord. No. 3-1982]
To hold in segregation from the general population any cat
or dog because of the presence or suspected presence of a contagious
or infectious disease.
[Added 5-1-2017 by Ord.
No. 3-2017]
Any establishment where animals are received, housed and
distributed without charge.
[Amended 12-20-1982 by Board of Health Ord. No. 3-1982]
[Amended 10-19-1987 by Board of Health Ord. No. 2-1987]
No person shall own, keep or harbor any dog
within the township without first obtaining a license therefor, to
be issued by the Board of Health and/or its designee upon application
by the owner and payment of the prescribed fee, and no person shall
keep or harbor any dog except in compliance with the provisions of
this Article.
[Amended 9-1-1981 by Board of Health Ord. No. 1-1981; 10-19-1987 by Board of Health Ord. No. 2-1987]
A.
Any person who shall own, keep or harbor a dog of
licensing age shall, in the month of January of each year and annually
thereafter, apply for and procure from the Board of Health and/or
its designee 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.
B.
Any person who shall own, keep or harbor a dog of licensing age and who fails to apply for and procure from the Board of Health and/or its designee a license and official metal registration tag for each such dog by January 31 of each calendar year shall be charged a late fee in addition to the license fee. See Chapter 79, Fees and Licenses, § 79-15.
A.
The person applying for the license and registration
tag shall pay a fee for the licensing of each dog and an additional
sum for the registration tag of each dog; and for each annual renewal,
the fee for the license and for the registration tag shall be the
same as for the original license and tag. Said licenses, registration
tags and renewals thereof shall expire on January 31 of each calendar
year. See Appendix A, Fee Schedule, at the end of Part III of the
Code.[1]
[Amended 9-1-1981 by Art. I of Board of Health Ord. No. 1-1981]
B.
Dogs used as guides for blind persons and commonly
known as "Seeing Eye" dogs shall be licensed and registered as other
dogs as 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 license and registration tag for such dog within 10 days after
such acquisition or age attainment.
[Amended 10-19-1987 by Board of Health Ord. No. 2-1987]
A.
The application shall state the breed, sex, age, color
and markings of the dog for which license and registration are sought,
whether it is of a long-haired or shorthaired variety and the name,
street and post office address of the owner and the person who shall
keep or harbor such dog.
B.
The information on said application and the registration
number issued for the dog shall be preserved for a period of three
years by the Board of Health and/or its designee. Registration numbers
shall be issued in the order of the applications.
C.
The Board of Health and/or its designee shall forward
to the State Department of Health each month, on forms furnished by
the said Department, an accurate account of registration numbers issued
or otherwise disposed of.
A.
Any person who shall bring or cause to be brought into the township 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 township for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog, unless a license for such dog is not required under § 173-10.
B.
Any person who shall bring or cause to be brought into the township any unlicensed dog and shall keep the same or permit the same to be kept within the township for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog, unless a license for such dog is not required under § 173-10.
A.
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.
B.
No licensed dog shall be allowed off the premises
of the person harboring or keeping the dog without the metal registration
tag attached to its harness or collar.
A.
Any person who keeps or operates or proposes to establish a kennel,
a pet shop, a shelter, animal care facility, or a pound shall apply
to the Board of Health and/or its designee for a license entitling
him to keep or operate such establishment. All licenses issued for
such establishments shall state the purpose for which the establishment
is maintained, shall expire on the last day of January of each year
and shall not be transferable to another owner or different premises.
[Amended 10-19-1987 by Board of
Health Ord. No. 2-1987; 5-1-2017 by Ord. No. 3-2017]
B.
Any person holding such license shall not be required
to secure individual licenses for dogs owned by such licensee and
kept at such establishments.
[Amended 5-1-2017 by Ord.
No. 3-2017]
The application shall describe the premises where the establishment
for a kennel, pet shop, shelter, animal care facility, or pound 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 Township Health Officer showing compliance with the
local and state rules and regulations governing the location of and
sanitation at such establishments.
[Amended 5-1-2017 by Ord.
No. 3-2017]
All licenses issued for a kennel, pet shop, shelter, animal
care facility, or pound shall be subject to revocation by the Board
of Health on recommendation of the State Department of Health or the
Township Health Officer for failure to comply with the applicable
provisions of this article or the rules and regulations of the State
Department of Health or of the Township Board of Health governing
the same, after the licensee has been afforded a hearing by either
the State Department of Health or the Township Board of Health.
A.
The annual license fees for a kennel providing accommodations for 10 or fewer dogs and for more than 10 dogs and the annual license fee for a pet shop shall be as set out in Chapter 79, Fees and Licenses. No fee shall be charged for a shelter, animal care facility, or pound.
[Amended 8-17-1982 by Ord. No. 24-1982; 5-1-2017 by Ord. No. 3-2017]
B.
License fees for dog establishments shall be paid
with the application.
[Amended 12-20-1982 by Board of Health Ord. No. 3-1982; 5-1-2017 by Ord. No.
3-2017]
No animal kept in a kennel, pet shop, shelter, animal care facility,
or pound shall be permitted off such premises except on leash or in
a crate or under other safe control.
[Amended 10-19-1987 by Board of Health Ord. No. 2-1987]
A.
License or other fees collected under the provisions
hereof, except those paid to the state, shall be turned over to the
Treasurer within 30 days of collection. The fees collected shall be
accounted for and spent in accordance with N.J.S.A. 4:19-15.11, as
amended.
B.
The registration tag fee of $1 for each dog shall
be forwarded within 30 days after collection by the Board of Health
and/or its designee to the State Department of Health.
[Amended 10-19-1987 by Board of Health Ord. No. 2-1987; 5-1-2017 by Ord. No.
3-2017]
The Board of Health and/or its designee shall forward to the
State Department of Health a list of all kennels, pet shops, shelters,
animal care facility, and pounds licensed within 30 days after licenses
therefor are issued, which list shall include the name and address
of the licensee and the kind of license issued.
The Chief of Police of the township or any person
appointed for the purpose by resolution of the East Hanover Board
of Health shall annually cause a canvass to be made of all dogs owned,
kept or harbored within the limits of the township. He shall report
on or before May 1 of each year the results of said canvass to the
Township Clerk and to the local Board of Health and to the State Department
of Health, by 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 said persons, together with
the registration number of each of said dogs; and the number of unlicensed
dogs owned, kept or harbored by each of said persons, together with
a complete description of each of said unlicensed dogs.
The East Hanover Board of Health may appoint an Animal Control Warden and such Deputy Wardens as it may, from time to time, deem necessary, whose duty it shall be to enforce the provisions of this Article, to take into custody and impound dogs as provided in § 173-19 and to perform such other duties as may be established by resolution of the East Hanover Board of Health.
[Amended 12-20-1982 by Board of Health Ord. No. 3-1982]
A.
The Animal Control Warden, his Deputies or members
of the Police Department shall take into custody or impound or cause
to be taken into custody and impounded and, thereafter, destroyed
or disposed of as hereinafter provided in this section:
(1)
Any animal off the premises of the owner or of the
person keeping or harboring said animal which said official or his
agent or agents have reason to believe is a stray animal.
(2)
Any dog off the premises of the owner or of the person
keeping or harboring said dog with or without a current registration
tag on his collar.
B.
If any animal seized pursuant to Subsection A(1) through (4) hereof wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag or the owner or the person keeping or harboring said animal is known, the Animal Control Warden or anyone authorized by him shall forthwith serve on the person whose address is given on the collar or on the owner or the person keeping or harboring said animal, if known, a notice, in writing, stating that the animal has been seized and will be liable to be disposed of or destroyed if not claimed within 10 days after the service of the notice.
C.
A notice under Subsection B of this section may be served either by delivering it to the 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 collar or by forwarding it by mail 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.
When any animal seized pursuant to Subsection A(1) through (4) hereof has been detained for 10 days after notice, when notice can be given as above set forth in this section, or has been detained for 10 days after seizure, when notice has not been and cannot be given as above set forth in this section, and if the owner or person keeping or harboring said animal has not claimed said animal and paid all expenses incurred by reason of its detention or if, in the case of a dog, it is unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Control Warden may cause the animal to be destroyed in a manner causing as little pain as possible.
[Amended 8-17-1982 by Township Committee Ord. No. 24-1982; 12-20-1982 by Board of Health Ord. No. 3-1982]
A.
There shall be charged to the owner of each animal which is impounded pursuant to § 173-19A(1) through (5) hereof for picking up each animal, for each animal which is redeemed by its owner and for animal maintenance for each day or part thereof that the animal has been impounded, the fees set out in Chapter 79, Fees and Licenses, which fees shall be paid when the animal is released.
[Amended 12-20-1982 by Board of Health Ord. No. 3-1982]
Any officer or agent authorized or empowered
to perform any duty under this Article is hereby authorized to go
upon any premises to seize for impounding any animal or animals which
he may lawfully seize and impound when such officer is in immediate
pursuit of such animal or animals, except upon the premises of the
owner of the animal if said 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
Article.
[Amended 12-20-1982 by Board of Health Ord. No. 3-1982]
No person shall keep, harbor or maintain any
animal which habitually barks, meows or cries between the hours of
10:00 p.m. and 6:00 a.m. or which by frequent barking, meowing or
crying disturbs the peace and quiet of the neighborhood and creates
a nuisance thereby.
[Amended 12-20-1982 by Board of Health Ord. No. 3-1982; 11-16-1992 by Board of Health Ord. No. 3-1992]
A.
No person owning, keeping or harboring any animal
shall suffer or permit it to run at large upon the public streets
or in any public park or in any public building or in any other public
place within the township.
B.
No person shall permit any animal in his care or custody
or under his control, whether or not on a leash, tether, cord, chain
or the like, to enter upon or defecate upon the lawn, yard, entrance
walk, designated area or driveway of any private residence without
the permission of the owner or tenant thereof. "Private residence"
shall be defined for the purposes of this Article to include, not
by way of limitation, any limited common area designated by the Master
Deed to be under the direction and control of an individual unit owner.
[Amended 11-19-1990 by Board of Health Ord. No. 5-1990]
C.
No person owning, harboring, keeping or in charge
of any domestic animal shall cause, suffer or allow such animal to
soil, defile, defecate on or commit any nuisance on any common thoroughfare,
sidewalk, passageway, bypath, play area, park or any place where people
congregate or walk or upon any public property whatsoever, except
under the following conditions:
(1)
The person who owns, harbors, keeps or is in charge
of such dog shall immediately remove all feces deposited by such dog
by any sanitary method approved by the local Health Officer.
(2)
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 accordance with the provisions of
this Article in a sanitary manner approved by the local Health Officer.
[Amended 12-20-1982 by Board of Health Ord. No. 3-1982]
Any animal which appears to be suffering from
rabies or affected with hydrophobia, mange or other infectious or
dangerous disease and found running at large may forthwith be destroyed
by any police officer or the Animal Control Warden. A report of the
disposal of all animals shall be promptly filed with the Chief of
Police, who shall keep a proper and complete record in a substantially
bound book.
[Amended 12-20-1982 by Board of Health Ord. No. 3-1982]
A.
Any animal which has on more than one occasion attacked
or bitten a human being or which habitually attacks other wild or
domestic animals or which otherwise has shown such savagery, fierceness
or ferocity as to indicate that it is a threat to the safety of individual
persons or other animals is hereby defined to be a vicious animal
for the purposes of this section.
B.
It shall be the duty of the Animal Control Warden
or the Chief of Police to receive and to cause to be investigated
complaints against animals. When any animal shall be deemed by the
Animal Control Warden or any member of the Police Department or Health
Officer, whether on his own complaint or the complaint of another,
to be a vicious animal, as herein defined, he shall forthwith take
into custody and impound said animal and report the facts to the Judge
of the Municipal Court, who shall thereupon cause the owner or person
harboring such animal, if known, to be notified, in writing, of the
complaint against such animal and to appear before said Judge at a
stated time and place. The Judge, at the time set for such hearing,
shall inquire into the facts and give all interested persons an opportunity
to be heard, under oath, and to be represented by counsel.
C.
If the Judge shall decide, in accordance with the
evidence before him, that such animal complained of is a vicious animal,
as defined by this section, he may order the destruction of the animal
or permit the animal to remain alive under stipulated terms or conditions.
Notice of such decision shall be given to the owner or person harboring
such animal, if known.
D.
In the event a vicious animal is permitted to remain
alive, no such animal shall be permitted to run at large or be upon
any street or public place in the township except while securely muzzled
or under leash. The owner or person harboring any such vicious animal
who shall suffer or permit such animal to run upon any street or public
place in the township while not securely muzzled and under leash shall
be guilty of a violation of this Article.
[Amended 12-20-1982 by Board of Health Ord. No. 3-1982]
No person who shall own, keep or harbor an animal
shall abandon such animal within the township.
[Amended 12-20-1982 by Board of Health Ord. No. 3-1982]
A.
In the event that the Animal Control Warden or a member
of the Police Department shall be summoned to dispose of the remains
of a deceased animal whose body shall be on a public roadway or upon
the property of an individual who is not the owner of said animal,
the owner of said deceased animal shall be charged per the published
fee schedule[1] to dispose of said animal.
B.
No person shall dispose of the body of any deceased
animal by placing the body of said animal upon a public roadway or
by leaving said body upon the property of another without the permission
of the owner of said property.
[Amended 12-20-1982 by Board of Health Ord. No. 3-1982]
A.
The primary responsibility for transporting and delivering
animal heads and specimens to the State of New Jersey Health Department
laboratories in Trenton, New Jersey, shall rest with the owner of
the animal in question.
B.
In the case of animals involved in biting incidents
which require laboratory analysis for rabies detection, the township
may assume responsibility for transporting such specimens as may be
required. When the owner of the animal cannot deliver the specimen
to the laboratory, a fee will be charged in accordance with the established
fee schedule.[1]
[Added 12-20-1982 by Board of Health Ord. No. 3-1982]
No person, which shall be defined to include
a family unit, shall keep, harbor, have possession or custody of more
than five dogs or cats of the same type or combination thereof, on
any one residential parcel of land within the township. This restriction
shall not include the temporary (until weaned) keeping of puppies
or kittens which have been born to a female dog or cat kept on the
same residential parcel of land at the time of birth of said puppies
or kittens nor to five or more dogs which were licensed pursuant to
this chapter in the calendar year 1982, provided that said dogs shall
not be replaced so long as four or more other domesticated animals
shall be kept, harbored or possessed or be in such custody at said
residential parcel of land.
[Added 5-1-2017 by Ord.
No. 3-2017[1]]
No kennel or pet shop shall sell, offer for retail sale, barter,
auction, or otherwise, puppies, dogs, kittens or cats bred in puppy
or kitten mills, or from any breeder and/or broker engaged in the
business of selling more than five kittens, cats or dogs in a calendar
year. A kennel or pet shop may only sell, display; or offer for sale
only those puppies , dogs, kittens or cats that the pet shop has obtained
from or in cooperation with an animal care facility or an animal rescue
organization. A pet shop shall not sell or offer for sale puppies,
dogs, kittens or cats that are younger than eight weeks old. Every
kennel, animal care facility, or pet shop shall comply with the provisions
of N.J.S.A. 56:8-92 thru -97, N.J.A.C. 13:45A-12.1 thru -12.3, N.J.A.C.
8:23-1.1 thru -1.5 and N.J.A.C. 8:23A-l.1 thru -1.13. Nothing contained
herein shall prohibit a shelter, pound, animal care facility, or other
establishment from keeping, displaying or selling any cat or dog which
has been seized, rescued or donated.
[Amended 9-1-1981 by Board of
Health Ord. No. 1-1981; 12-20-1982 by Board of Health Ord. No. 3-1982; 4-21-1986 by Board of Health Ord. No. 1-1986; 5-1-2017 by Ord. No. 3-2017]
A.
Any person who violates or fails or refuses to comply with § 173-2, 173-3, 173-6, 173-8, 173-9, 173-10, 173-11, 173-14, 173-22, 173-27, 173-28B, 173-31, or 173-30.1 of this article shall, upon conviction, be subject to the penalties provided in § 164-14 of Chapter 164, General Provisions, Board of Health: provided, however, that the fines for violation of § 173-2 of this article shall be from not less than $25 up to $2,500 for each violation.
