As used in this chapter, the following terms shall have the
meanings indicated:
Dog or cat.
Any person or agency designated or certified by the State
of New Jersey to enforce the provisions of this chapter.
A dog off the premises of the person owning, keeping or harboring
it and not securely fastened to a tether, leash, cord or chain or
the like, not to exceed eight feet in length, held by its owner or
other person capable of controlling such dog.
Any member of the domestic feline species; male, female or
altered.
Any cat which has attained the age of seven months, or which
possesses a set of permanent teeth.
Any room or group of rooms, cage or exhibition pen, or part
of a kennel, wherein cats for sale are kept or displayed.
A person who has satisfactorily completed a course of study,
approved by the State Commissioner of Health, on the control of animals,
or who has been employed in the State of New Jersey in the capacity
of, and with similar responsibilities to those required of, certified
animal control officers for a period of three years.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months, or which
possesses a set of permanent teeth.
Any person exercising control over a dog or cat or permitting
a dog or cat to remain on premises under his/her control.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
The agency or department of Clark Township or any designated
representative thereof charged with administering the issuance and/or
revocation of permits and licenses under the provisions of this chapter.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
When applied to the proprietorship of a dog or cat, shall
mean and include every person having a right of property in such dog
and every person who has such dog in his/her keeping.
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
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 or companionship
rather than for business or research purposes.
Any dog or hybrid dog declared potentially dangerous by a
municipal court pursuant to N.J.S.A., Title 4, Chapter 19, Section
4:19-23. The vicious dog law supersedes all local municipal ordinances.
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
Any establishment where dogs are received, housed and distributed
without charge.
A.
License; when required. Licenses shall be required for the following
dogs or cats of licensing age:
(1)
Any dog or cat owned or kept within the Township by a resident of
the Township on the first day of January of any calendar year.
(2)
Any dog or cat acquired by any person during the course of any calendar
year and kept within the Township for more than 10 days after acquisition.
(3)
Any dog or cat attaining licensing age during the course of the calendar
year.
(4)
Any unlicensed dog or cat brought into the Township by any person
and kept within the Township for more than 10 days.
(5)
Any dog or cat licensed by another state and brought into the Township
by any person and kept within the Township for more than 90 days.
B.
Application for license.
(1)
Each application for a license under this chapter shall give the
following information:
(a)
A general description of the dog or cat sought to be licensed,
including breed, sex, age, color and marking, and whether such dog
or cat is of a longhaired or shorthaired variety and whether such
dog has been surgically debarked or silenced.
[Amended 1-17-2012 by Ord. No. 12-01]
(b)
Name, street and post office address of the owner and the person
who shall keep or harbor such dog or cat.
(2)
Registration numbers shall be issued in the order in which applications
are received.
C.
Application for license; when made. Applications for licenses for dogs and cats which are required to be licensed by the provisions of Subsection A(1) shall be made before February of each calendar year. In all other cases the application for a license shall be made within 10 days of the day upon which the dog or cat in question first becomes subject to the provisions of this section.
D.
License record. The information on all applications under this chapter
and the registration number issued to each licensed dog or cat shall
be preserved for a period of three years by the Board of Health. In
addition, he/she shall forward similar information to the State Department
of Health and Senior Services each month on forms furnished by the
Department.
E.
Fees.
(1)
The person applying for a license shall pay the fee in Subsection E(3) below, which includes state fees for each dog. The same fees shall be charged for annual renewal of each license.
[Amended 1-17-2012 by Ord. No. 12-01; 11-21-2016 by Ord. No. 16-11]
(3)
Schedule
of license fees for cats and dogs.
[Amended 6-18-2007 by Ord. No. 07-12; 10-18-2010 by Ord. No. 10-21; 1-17-2012 by Ord. No. 12-01; 11-21-2016 by Ord.
No. 16-11]
|
Type of License
|
License Fee
| |
|---|---|---|
|
Neutered/spayed dog
|
$22.20
| |
|
Nonneutered/nonspayed dog
|
$25.20
| |
|
Neutered/spayed cat
|
$18
| |
|
Nonneutered/nonspayed cat
|
$20
|
F.
Expiration date. Each dog or cat license and registration tag shall
expire on December 31.
G.
Exceptions. The provisions of this section shall not apply to any dog licensed under § 84-3. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs, dogs used to assist handicapped persons and commonly known as "service dogs" and dogs used to assist deaf persons and commonly known as "hearing ear" dogs shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.[2]
H.
License forms and tags. License forms and uniform official metal
registration tags shall be furnished by the Board of Health. They
shall be numbered serially and shall bear the year of issuance and
the name of the Township.
A.
Compliance with regulations required. No person shall own, keep or
harbor a dog or cat in the Township of Clark, except in compliance
with the provisions of this chapter and the regulations contained
in this section.
B.
Wearing of registration tag. All dogs and cats for which licenses
are required by the provisions of this chapter shall wear a collar
or harness with the registration tag for such dog securely fastened
thereto.
C.
Use of registration tags. No person, except an officer in the performance
of his/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 for which it was
not issued.
D.
Interference with official duties. No person shall hinder, molest
or interfere with anyone authorized or empowered to perform any duty
under this chapter.
E.
Disturbing the peace. No person shall own, keep, harbor or maintain
any dog which, by frequent, habitual or prolonged continued noise,
defined as unsolicited response lasting 10 minutes or more, shall
annoy or disturb the peace, comfort or repose of any person in the
neighborhood or of any person passing upon the streets or highways.[1]
F.
Running at large. No person owning, keeping or harboring any dog
or cat shall suffer or permit it to run at large upon the public streets,
in any public park, upon private property other than that of the owner
or any other public place within the Township.
G.
Leashing of dogs. No person owning, keeping or harboring any dog
shall suffer or permit it to be upon the public streets or in any
of the public places of the Township unless such dog is accompanied
by a person over the age of 10 years and is securely confined and
controlled by a harness or an adequate leash not more than six feet
long.[2]
H.
Property damage. No person owning, keeping or harboring a dog or
cat shall permit or suffer it to do any injury or to do any damage
to any lawn, shrubbery, flowers, grounds or property.
I.
Nuisances by dogs and cats. No person owning, harboring, keeping,
walking or in charge of any dog or cat shall cause, suffer, permit
or allow such dog or cat to soil, defile, defecate on or commit any
nuisance on any common thoroughfare, street, sidewalk, passageway,
road, bypass, play area, park, any place where people congregate or
walk, upon any public property whatsoever or upon any private property
without the permission of the owner of the private property in the
last instance. If any such person permits the dog or cat to soil,
defile, defecate on or commit any nuisance in the areas aforesaid,
he/she shall immediately remove and dispose of all feces and droppings
deposited by the dog or cat. Removal shall be in a sanitary manner
by shovel, container, disposal bag or such other sanitary means. In
a multiple dwelling complex, the tenant owner shall take his/her dog
or cat to only the designated areas for walking of dogs or cats or
other animals which shall be provided and maintained in a sanitary
manner by the management of the complex, if any. On the dog or cat
owner's property, such owner shall maintain the property in a sanitary
manner in order to prevent any noxious odors, attraction of vermin
breeding or any other public health nuisance to neighbors.
J.
Penned dogs, cats and other animals. Dogs, cats and other animals
which are penned outside of the home shall be adequately housed in
a shelter which provides protection from the weather, is kept in a
clean and sanitary condition and is of appropriate size for the size
of the animal. Adequate food necessary to maintain the good health
of the animal and water which is clean, in sufficient quantity to
sustain the animal and not frozen shall be provided for the animal.[3]
K.
Female dogs. A female dog in season shall be confined to the house
or a pen. When she is walked or exercised she must be on a leash and
controlled by a responsible adult. During the period a female dog
is in season, such dog shall not be chained or tied in an open yard
or area at any time.
The Animal Control Officer or a designee of the Township shall
perform the annual canvass of animals, to be made by an annual mailing,
concerning all dogs and cats owned, kept or harbored within the limits
of the Township and shall report to the Township Board of Health and
to the State Department of Health and Senior Services, on or before
September, every two years, the results thereof, setting forth in
separate columns the names and addresses of persons owning, keeping
or harboring dogs or cats, the number of licensed dogs or cats owned,
kept or harbored by each person, together with the registration number
of each dog or cat, the number of unlicensed dogs or cats owned, kept
or harbored by each person, together with a complete description of
each unlicensed dog or cat.
A.
Complaint and investigation. It shall be the duty of the Animal Control
Officer, Health Officer or designee to receive and investigate complaints
against dogs and cats.
B.
Determination of viciousness; notice; hearing. See N.J.S.A. 4:19-19,
Vicious Dog Law.
C.
Quarantine of dogs and cats. In the event a dog or cat has attacked,
bitten or injured a human being, the Health Officer shall impound
the biting dog or cat for a period of 10 days, or may order the owner
of the dog or cat, if the owner is known, to quarantine the dog or
cat on his/her premises, with his/her liability for custody, or in
a veterinary clinic for a period of 10 days. At the end of the ten-day
period, any dog or cat under impoundment or quarantine shall be observed
by the Health Officer or a licensed veterinarian who shall ascertain
that the dog or cat is alive and well and is not exhibiting any signs
or symptoms of rabies and issue a release authorization as to the
dog's or cat's condition to the owner and to the Township Health Officer.
D.
Owner responsibility.
(1)
If there are any absorbed costs to the Township for such quarantine
or impoundment, the owner of the dog or cat shall be liable to pay
the cost of maintenance, redemption fees and charges and veterinarian
fees, if any, expended by the Township. The owner of the dog or cat
which has attacked, bitten or injured any person, or caused any suffering
or injury to a person without the victim's contributing negligence,
may be liable for recovery or compensation for any suffering or injuries
resulting from the dog or cat attack, bite or physical threat.
(2)
For the purposes of this subsection or any subsection under the terms
of this section or amendment thereto, a person is lawfully upon private
property of the owner when that person is on the property in the performance
of any duty imposed upon him/her by the laws of the state, the laws
of postal regulations of the United States of America, any corporation
authorized to act as a postal authority or when such person is on
such property of the owner by invitation, either expressed or implied.
A.
Causes for impoundment. The Animal Control Officer shall take into
custody and impound, or cause to be taken into custody and impounded,
any of the following dogs and cats:
(1)
Any unlicensed dog or cat running at large in violation of the provisions
of this chapter.
(2)
Any dog or cat off the premises of the owner or the person keeping
or harboring such dog or cat which the Animal Control Officer and/or
Health Officer has reason to believe is a stray dog or cat.
(3)
Any dog or cat off the premises of the owner or the person keeping
or harboring such dog or cat without a current registration tag on
its collar.
(4)
Any female dog in season off the premises of the owner or the person
keeping or harboring such dog.
B.
Access to premises. Any officer or agent authorized or empowered
to perform any duty under this chapter is hereby authorized to go
upon any premises to seize for impounding any dog or cat which he/she
may lawfully seize and impound when such officer is in immediate pursuit
of such dog or cat, except upon the premises of the owner of the dog
or cat if the owner is present and forbids same.
C.
Notice of seizure.
(1)
If any dog or cat so impounded or seized wears a registration tag,
collar or harness having inscribed thereon or attached thereto the
name and address of any person, or the owner or the person keeping
or harboring the dog or cat is known, the Animal Control Officer and/or
Health Officer shall immediately serve on the person whose address
is given on the collar, or on the person owning, keeping or harboring
the dog or cat, a notice, in writing, 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.
(2)
A notice under this subsection 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/her usual or last known place of abode, or to
the address given on the color.
D.
Disposition of unclaimed dogs or cats.
(1)
The Animal Control Officer and/or Health Officer of the Township
is authorized and empowered to cause the destruction of any unclaimed
dog or cat in as humane a manner as possible, or offer same for adoption
under and of the following contingencies:
(a)
When any dog or cat so seized has not been claimed by the person
owning, keeping or harboring such dog or cat within seven days of
the dog's or cat's detention when notice has not been or cannot be
given as set forth in the previous subsection.
(b)
If the person owning, keeping or harboring any dog or cat so
seized has not claimed the dog or cat and has not paid all expenses
incurred by reason of its detention, including maintenance, as set
forth in the current contractual agreement for animal control services.
(c)
If the seized dog or cat is unlicensed at the time of its seizure
and the person owning, keeping or harboring such dog or cat has not
produced a license and registration tag, as provided in this chapter.
(d)
The requirements of Subsection D(1)(a) through (c) of this section shall not be deemed applicable when any dog or cat seized and impounded pursuant to Subsection A, whether licensed or unlicensed, is, or appears to be, suffering from rabies, is immediately dangerous to the public or has been so badly injured that it cannot be moved or helped by veterinarian care. In such case, the Animal Control Officer and/or Health Officer or any member of the Police Department may forthwith cause such dog or cat to be destroyed.
(2)
When destroying any animal that is rabid or appears to have the symptom
of rabies, the animal must be tested for rabies after it is euthanized
in a humane manner.
E.
Redemption.
(1)
No dog or cat shall be returned to the owner or claimant of such
dog or cat unless the dog or cat shall have a current license and
shall have complied with the rabies inoculations requirements as hereinafter
provided and the owner has paid the fees required.
(2)
Any redemption of a dog or cat pursuant to the provisions of this
section shall not be deemed to discharge or release the owner thereof
from the penalties prescribed for any violation of this chapter.
A.
Violations. For violation of any of the regulations under this chapter,
complaints may be filed by either citizens or police or Health Officer
for the violation of any of the regulations on either public or private
property.
B.
Penalties.
(1)
(2)
A separate violation shall be deemed to be committed on each day
during or on which a violation occurs or continues.
(3)
Any person who violates any provision of §§ 84-1 through 84-5 and who elects to plead guilty to the violation prior to the time fixed for his/her appearance before the Municipal Court shall be excused from making such appearance and shall pay a fine in the amount of $50 to the Violations Clerk of the Municipal Court.
