[Adopted by Ord. No. 18-86 (Ch. V of the 1972 Revised General Ordinances)]
As used in this article, the following terms shall have the
meanings set forth below:
A person 18 years of age or older who has satisfactorily
completed a course of study approved by the Commissioner of Health
on the control of animals prescribed by N.J.S.A. 4:19-15 et seq.,
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, pursuant to the provisions of this act 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 establishment wherein or whereon the business of boarding
or selling dogs sale is carried on, except a pet shop.
When applied to the proprietorship of a dog, "owner" shall
mean and include every person having a right of property in such a
dog and every person who has such a dog in his/her keeping.
Any room, or group of rooms, cage or exhibition pen, not
part of a kennel, wherein dogs for sale are kept or displayed.
Any establishment where dogs are received, housed or distributed
without charge.
Any establishment where dogs are received, housed and distributed.
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 Animal Control Officer, or other official
designated by the Township Committee, a license and official metal
registration tag for each such dog so owned, kept or harbored, and
shall place upon each dog a collar or harness with the registration
tag securely fastened thereto.
Only one license and registration tag shall be required in any
licensing year for any dog owned in New Jersey, and such license and
tag issued by any other municipality of this state shall be accepted
by the Township as evidence of compliance with this article.
A.
When required.
(1)
The owner of a newly acquired dog of licensing age or of any dog
shall make application for license and registration tag for such dog
within 10 days after such acquisition or age attainment.
(2)
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 state for a period of more than 90 days, shall immediately apply for a license and registration tag for each dog unless such dog is licensed under § 126-19C hereof.
(3)
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 for a period of more than 10 days, shall immediately apply for a license and registration tag for each such dog unless such dog is licensed under § 126-19C hereof.
B.
Contents of application; information to State Department of Health.
(1)
The application shall state: breed, sex, age, color and markings
of the dog for which license and registration are sought; whether
it is of long- or short-haired variety, whether it has been neutered,
the name, street and post office address of the owner and the person
who shall keep or harbor the dog, which person shall be at least 18
years of age.
(2)
The information on the application and the registration number issued
for the dog shall be preserved for a period of three years by the
Animal Control Officer. Registration numbers shall be issued in the
order of application.
(3)
The Animal Control Officer shall forward to the State Department
of Health each month, on forms furnished by the department, an accurate
account of registration numbers issued or otherwise disposed of.
A.
Vaccination required.
(1)
Dogs. No Animal Control Officer or other official designated by the
governing body to license dogs shall grant any such license and official
metal registration tag for any dog unless the owner thereof provides
evidence that the dog to be licensed and registered has been inoculated
with a rabies vaccine of a type approved by and administered in accordance
with the recommendations of the United States Department of Agriculture
and the United States Department of Health, Education and Welfare,
or has been certified exempt, as provided by regulations of the State
Department of Health. Such vaccination shall be repeated at intervals
as provided by regulations of the State Department of Health, and
shall be administered by a duly licensed veterinarian or by such other
veterinarian permitted by law to do the same.
(2)
Cats. No person shall own, keep, harbor or have control of any cat
within the Township of Fredon unless such cat has current rabies vaccination.
B.
Evidence of vaccination. Evidence of vaccination, pursuant to the
provisions of this section, shall be provided by the certificate of
a duly licensed veterinarian or an official Township antirabies vaccination
tag.
C.
Exemption from vaccination. A dog or cat may be exempted from the
requirements for vaccination set forth herein for a specified period
of time where a certificate is presented from a duly licensed veterinarian
of the State of New Jersey stating that by reason of age, infirmity
or other physical condition, vaccination of such dog or cat against
rabies for such a specified period is dangerous to the animal's health.
A.
Fees; term. The person applying for the license and registration tag shall pay a fee for the licensing of each dog as designated in the fee schedule, § 245-2B. Such license fees as required shall be forwarded to the State Department of Health, and the balance of the fees collected shall be turned over to the Township Treasurer in accordance with N.J.S.A. 4:19-15.11. For each renewal, the fee for the license and the registration shall be the same as for the original license and tag. Licenses, registrations and tags shall expire on the last day of January in each year.
B.
Delinquent fees. Any person harboring a dog or found to have an unlicensed dog by the Township Animal Control Officer, dog canvassers or any other Township official after February 1 shall be required to pay an additional late fee as shown on the fee schedule at § 245-2B. A late fee shall be charged for each month delinquent, plus the required license and registration fees as provided in this article, in addition to any fine imposed for failure to obtain a dog license before February 1.
C.
Exemption from fee. 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," or dogs used to assist deaf
persons and commonly known as "hearing ear 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.
D.
Forms and tags. License forms and uniform official metal registrations
tags designed by the State Department of Health shall be furnished
by the Township and shall be numbered serially and shall bear the
year of issuance and the name of the Township.
A.
Tag required. 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.
B.
Removal prohibited. No person, except an officer in the performance
of his/her 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.
The Township Committee shall appoint, at such times and for
such terms as may from time to time seem expedient, one or more persons
to be known as Animal Control Officers, who shall be responsible for
animal control within the jurisdiction of the Township and shall enforce
and abide by the provisions of this article and N.J.S.A. 4:19-15.1
et seq.
The Animal Control Officer or other such person designated by
the Township Committee shall promptly after May 1 of each year cause
a canvass to be made of all unlicensed dogs owned, kept or harbored
within the limits of the Township. The Animal Control Officer shall
report on or before September 1 of each year to the Township Clerk
and the Township and State Departments of Health the result thereof,
setting forth in separate columns the names and addresses of persons
owning, keeping or harboring unlicensed dogs, the number of unlicensed
dogs owned, kept or harbored by each of such persons, together with
a complete description of each of such unlicensed dogs.
A.
Causes for impounding. The Animal Control Officer shall take into
custody or impound, or cause to be taken into custody and impounded,
and thereafter destroy or dispose of as hereinafter provided in this
section:
(1)
Any dog off the premises of the owner or of the person keeping or
harboring such dog which the Animal Control Officer, or his/her 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 such dog without a current registration tag on its collar.
(3)
Any female dog in season off the premises of the owner or of the
person keeping or harboring such dog.
(4)
Any dog or other animal which is suspected to be rabid. After observation,
any animal seized under this section as suspect of being rabid shall
be immediately reported to the executive officer of the local Board
of Health and to the Department of Health.
(5)
Any dog or other animal off the premises of its owner or keeper reported
to, or observed by, a certified Animal Control Officer to be ill,
injured or creating a threat to public health, safety or welfare,
or otherwise interfering with the enjoyment of property.
(6)
Any dog upon the public or private streets or on any public or private
property other than that of its owner or keeper, not accompanied by
a person over the age of 12 and not confined or controlled, as required
by § 123-26B.
B.
Notice of impounding.
(1)
If any animal so seized wears a collar or harness having inscribed
thereon or attached thereto the name and address of any persons or
a registration tag, or the owner or the person keeping or harboring
such animal is known, the Animal Control Officer or anyone authorized
by the Township Committee shall forthwith serve on the person whose
address is given on the collar, or on the owner or the person keeping
or harboring such 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 seven days after the service
of the notice.
(2)
A notice under Subsection B(1) of this section 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, 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 collar.
C.
Disposition of impounded animals. When any animal so seized has been
detained for seven days after notice, when notice can be given as
above set forth in this section, or has been detained for seven days
after seizure when notice has not been and cannot be given as above
set forth, and if the owner or person keeping or harboring such animal
has not claimed such animal and paid all expenses incurred by reason
of its detention, or if the animal is unlicensed at the time of the
seizure and the owner or person keeping or harboring such animal has
not produced a license and registration tag for such animal, the Animal
Control Officer may cause the animal to be destroyed in a manner without
causing pain and consistent with N.J.S.A. 4:22-19. No dog or other
animal so caught, detained, procured, obtained, sent or brought to
a pound shall be sold or otherwise made available for the purpose
of experimentation. Any person who sells or otherwise makes available
any such dog or other animal for the purpose of experimentation shall
be guilty of a disorderly persons offense.
E.
Seizure of animals; entry upon private premises. 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 animal which (s)he may lawfully seize and impound when such officer
is in immediate pursuit of such animal, except upon the premises of
the owner of the animal and if the owner is present and forbids same.
F.
Interference prohibited. No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
section.
A.
No person shall keep, harbor or maintain any dog or dogs which bark
or cry for more than one hour between the hours of 6:00 a.m. and 10:00
p.m., and which thereby create a nuisance and/or disturb the peace
and quiet of the neighborhood.
B.
No person shall keep, harbor or maintain any dog or dogs which bark
or cry between the hours of 10:00 p.m. and 6:00 a.m., and which by
such barking disturb the peace and quiet of the neighborhood and thereby
create a nuisance.
A.
Purpose. The purpose of this section is protect the health, safety
and welfare of all those frequenting this Township, by preventing
the needless health hazards and nuisances caused by dog feces upon
public and private property located within the Township.
B.
Defecation on private property. No person owning or in charge of
any dog shall cause or allow such dog to soil, defile, defecate upon
or commit any nuisance upon any private property, without the permission
of the owner of the property. Any person owning or in charge of a
dog which soils, defiles, defecates or commits any such nuisance shall
immediately remove all feces deposited by such dog in a sanitary manner.
C.
Defecation on public property. No person owning or in charge of any
dog shall cause or allow such dog to soil, defile, defecate upon or
commit any nuisance on any place where people congregate or walk,
or upon any public property. Any person owning or in charge of a dog
which soils, defiles, defecates or commits any such nuisance shall
immediately remove all feces deposited by such dog in a sanitary manner.
D.
Defecation on owner's property. No person shall permit the accumulation
of dog feces upon his/her own property, or property occupied by him/her,
to the extent that the odor may be noticeable to any adjoining property
owners.
E.
Disposal of defecation. The feces removed from the aforementioned
designated areas shall be disposed of by the person owning or in charge
of any such dog in a sealed, nonabsorbent, leakproof container. Disposition
in a sanitary manner shall include taking the feces home for deposit,
or wrapping the feces and placing same in a trash can. It shall not
include burial, disposal by placement in a storm sewer, or placing
unwrapped feces in a trash can.
G.
Seeing Eye dogs. The provisions of this section shall not apply to
blind persons who may use their dogs as guides.
H.
Complaints of violations. In the event of a violation on private
property, a complaint is only to be filed by the owner of such property.
In the event of such a violation occurring on public property, thoroughfares,
walkways or parks a complaint may be filed by any witness to such
an act.
I.
Enforcement. It shall be the duty of the Animal Control Officer to
enforce the provisions of this section.
A.
Running at large.
(1)
Prohibited. No person owning, keeping or harboring any dog shall
suffer or permit it to run at large upon the public streets, in any
public park, in any public building, in any other public place or
on private property, other than the property of the owner, within
the Township.
(2)
Violation; complaint. When a dog has been impounded for running at
large, the Animal Control Officer may file a complaint of this violation
in the municipal court.
B.
Dog to be accompanied by person over 12 years old; leash. No person
owning, keeping or harboring any dog shall suffer or permit it to
be upon any public place in the Township unless such dog is accompanied
by a person over the age of 12 years and is securely confined and
controlled by an adequate leash not more than six feet long.
C.
Damage to property. No person owning, keeping or harboring a dog
shall permit it to do any injury or to do any damage to any lawn shrubbery,
flowers, grounds or property or a complaint may be made against the
owner or keeper of such dog.
[Added by Ord. No. 97-03; amended by Ord. No.
2004-02]
A.
Statutory requirement. Pursuant to N.J.S.A. 4:19-17 et seq., which
declares that it is appropriate and necessary to impose a set of requirements
on owners of vicious and potentially vicious dogs, and N.J.S.A. 4:19-36,
which provides that the state statute shall supersede any law, ordinance
or regulation concerning vicious or potentially vicious dogs, the
Township Committee adopts by reference N.J.S.A. 4:19-18 et seq. and
regulations adopted pursuant thereto.
A.
License required; term. Any person who keeps, operates or proposes
to establish a kennel, a pet shop, a shelter or a pound shall apply
to the Animal Control Officer for a license entitling him/her 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.
B.
Exemption from individual licenses. Any person holding such license
shall not be required to secure individual licenses for dogs owned
by such licensee and kept at such establishments.
C.
Application for establishment license. The license application shall
describe the premises where the establishment for a kennel, pet shop,
shelter or pound is located or proposed to be located, the name and
permanent and local address of the applicant, the maximum number of
dogs to be accommodated by such establishment at any one time and
the purpose or purposes for which it is to be maintained. The application
shall be accompanied by written approval of the Township sanitarian
showing compliance with the local and state rules and regulations
governing the location and sanitation of such establishments.
D.
Revocation of license. All licenses issued for a kennel, pet shop,
shelter or pound shall be subject to revocation by the Township Committee
upon recommendation of the State Department of Health or the Township
Department of Health for failure to comply with the applicable provisions
of this section, or the rules and regulations of health governing
the same, after the licensee has been afforded a hearing by either
the State Department of Health or the Township Department of Health
for failure to comply with the applicable provisions of this section,
or the rules and regulations of health governing the same, after the
licensee has been afforded a hearing by either the State Department
of Health or the Township Committee.
F.
Disposition of fees. License or other fees collected under the provisions
hereof, except those paid to the State of New Jersey, 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.
G.
Dogs off premises. No dog kept in a kennel, pet shop, shelter or
pound shall be permitted off such premises, except on leash, in a
crate or under other safe control.
H.
List of licensed dog establishments to be forwarded to State Department
of Health. The Animal Control Officer shall forward a list of all
kennels, pet shops, shelters and pounds licensed, within 30 days alter
the licenses therefore are issued, which list shall include the name
and address of the licensee and the kind of license issued.
[Amended by Ord. No. 97-03]
A.
Any person who violates any provision of this article may, upon conviction
thereof, be fined in an amount specified herein for each violation,
or may be imprisoned for a period not to exceed six months, or both,
at the discretion of the court before whom the complaint is made.
A separate offense shall be deemed committed on each day during or
on which a violation of this article occurs or continues.
|
Offense
| |||||
|---|---|---|---|---|---|
|
Code Reference
|
First
|
Second
|
Third and Subsequent
| ||
|
§ 126-15
|
Unlicensed dog
|
$25
|
$100
|
$250
| |
|
§ 126-23F
|
Interference with officer
|
$100
|
$250
|
$500
| |
|
§ 126-24
|
Disturbing the peace, barking or crying
|
$50
|
$100
|
$250
| |
|
§ 126-25
|
Defecation
|
$50
|
$100
|
$250
| |
|
Running at large or damaging property
|
$50
|
$100
|
$250
| ||
|
§ 126-26B
|
Dog control/leash
|
$25
|
$50
|
$100
| |
|
§ 126-27
|
Vicious dogs
|
Not more than $1,000 per day
| |||
|
Dogs attacking other animals
|
$100
|
$250
|
$500
| ||
