[Adopted 2-4-1992 by Ord. No. 1992-03 (Ch. VI of the 2003 Revised General Ordinances)]
[Amended 3-5-2013 by Ord. No. 2013-1; 3-20-2018 by Ord. No. 2018-1]
As used in this article, unless the context otherwise indicates, the following words and terms shall have the meanings given herein:
ANIMAL CONTROL OFFICER
A certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the Township or his designee.
CONFINED
As applied to an animal, shall mean that such animal is securely confined or restrained and kept on the owner's premises, either within a building, kennel or wire or other suitable enclosure or securely fastened on a chain, wire or other effective tether of such length and so arranged that the animal cannot reach or endanger any person or any adjacent premises or on any public street, way or place or, if the animal is being transported by the owner, that it is securely confined in a crate or other container or is so restrained in a vehicle that it cannot escape therefrom.
DANGEROUS ANIMAL
Designates and applies to any animal (excluding dogs) which, without just cause, bites, attacks, chases or snaps at or otherwise threatens to attack any person or attacks and wounds a dog or other domestic animal or which displays any other fierce, vicious or dangerous propensities.
DOG
Any dog or dog hybrid.
DOMESTIC ANIMAL
Cat or dog.
KEEPER
A. 
Any person exercising control over a dog or permitting a dog to remain under his premises under control.
B. 
When applied to the proprietorship of a dog or cat, shall include every person having a right of property in such dog or cat and every person who has such dog or cat in his care, custody or control.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid found to be potentially dangerous as defined by N.J.S.A. 4:19-23. In addition, a "potentially dangerous dog" is any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack, any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of human beings or domestic animals.
VICIOUS DOG
Includes any dog or dog hybrid declared vicious pursuant to N.J.S.A. 4:19-17 et seq., and which has been declared vicious by a municipal court pursuant to N.J.S.A. 4:19-22.
A. 
No municipal clerk or other official designated by the governing body of any municipality to license dogs therein 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.
[Amended 3-20-2018 by Ord. No. 2018-1]
B. 
License fees. Every person applying to the Township of Willingboro for a dog license pursuant to the terms of N.J.S.A. 4:19-15.1 (Chapter 151 of the Laws of 1941, as amended and supplemented) shall pay an annual license fee as shall be hereinafter provided for each dog:
(1) 
Each annual renewal fee for the license shall be the same as for the original license, unless the dog shall, after the issuance of the original license, be qualified for a lower license fee.
(2) 
Licenses and renewals thereof shall expire on the last day of January of the appropriate year. The fact that any dog after the issuance of an original license or renewal thereof shall, during the term of effectiveness of the original license or renewal thereof, qualify for a lower license fee shall not be a basis for a lower fee during the term of effectiveness.
(3) 
There shall be a late charge as provided in § 150-4 of the Code of the Township of Willingboro for any license or renewal issued on or after the first day of June of the appropriate year or more than 30 days after the time fixed for the licensing of a newly acquired dog of licensing age or any dog which attains licensing age after the last day of January.
(4) 
At the time of licensing, a certification from a licensed veterinarian shall be presented stating that the dog has been neutered or spayed in order to qualify for the lower fee.
(5) 
Dogs used as guides for the blind 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, except that the owner or keeper of the dog shall not be required to pay any fee therefor.
[Amended 3-5-2013 by Ord. No. 2013-1]
(6) 
The annual license fees for dogs, other than vicious and potentially dangerous dogs, are hereby established as provided in § 150-4 of the Code of the Township of Willingboro.
[Amended 3-5-2013 by Ord. No. 2013-1]
C. 
Application for license and tag. 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 the dog within 10 days after the acquisition or age attainment and shall pay therefor the full fee hereinbefore provided.
D. 
Restriction to premises. No female dog in season shall be permitted off the premises of the owner thereof or of the person keeping or harboring the dog.
E. 
Disturbing noises. No person shall keep, harbor or maintain any dog which habitually barks, whines, howls or makes other disturbing noises.
[Amended 3-20-2018 by Ord. No. 2018-1]
A. 
Vicious dogs: required findings pursuant to N.J.S.A. 4:19-22.
(1) 
The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog: 1) killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to a person; or 2) has engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26.
(2) 
A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
(3) 
If the municipal court declares a dog to be vicious, and no appeal is made of this ruling pursuant to Section 9 of P.L. 1989, c. 307 (N.J.S.A. 4:19-25), the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
B. 
Potentially dangerous dogs required findings pursuant to N.J.S.A. 4:19-23.
(1) 
The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:
(a) 
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person; or
(b) 
Severely injured or killed another domestic animal; and
[1] 
Poses a threat of serious bodily injury or death to a person; or
[2] 
Poses a threat of death to another domestic animal; or
(c) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
(2) 
A dog shall not be declared potentially dangerous for:
(a) 
Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person if the dog was provoked; or
(b) 
Severely injuring or killing a domestic animal if the domestic animal was the aggressor.
(3) 
For the purposes of Subsection B(1), the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
C. 
It shall be the duty of the Animal Control Officer, or in the absence of the Animal Control Officer the Director of Public Safety or his designee, to receive and investigate complaints involving attacks or bites by dogs, dog fighting activities, and the training or encouragement of dogs to make unprovoked attacks upon persons or domestic animals.
D. 
It shall be the duty of all appropriate Township officials to enforce the provisions of N.J.S.A. 4:19-17 et seq., as applicable within the Township. In the event a hearing is to be convened pursuant to N.J.S.A. 4:19-17 et seq., it shall be convened by the Municipal Court.
E. 
The owner of any dog which has been declared vicious or potentially dangerous shall be responsible for all actual costs and expenses of impounding and destroying the dog, convening the hearing, notices, and all related expenses incurred by the Township or the Health Officer. In the event that any dog is impounded pursuant to N.J.S.A. 4:19-17 et seq., in a facility other than a Township-owned and Township-operated facility, the owner shall be responsible for all actual costs and expenses of impounding the dog, regardless of whether the dog is declared vicious or potentially dangerous.
F. 
No person shall keep or harbor any dog which has been declared potentially dangerous within the Township without obtaining from the Township Clerk a special municipal license therefor and complying with all requirements of N.J.S.A. 4:19-17 et seq., this article and the order of the panel. The fee per year for the special municipal potentially dangerous dog license shall be as provided in § 150-4 of the Code of the Township of Willingboro. All special municipal potentially dangerous dog licenses shall expire on the last day of January following the issuance of the license. Renewal licenses shall be obtained not later than the last day of January of the appropriate year. There shall be no pro rata adjustment of the fee for any partial year. The Township Clerk, when issuing the special municipal potentially dangerous dog license, shall assign a municipal registration number in accordance with the uniform statewide municipal registration system established by regulations adopted by the New Jersey Department of Health, together with a red identification tag. Prior to the issuance of the license, the Animal Control Officer shall certify to the Township Clerk that the owner of the dog has complied with the order of the panel.
A. 
Inoculation against rabies. No person in the Township of Willingboro shall own, possess, harbor or have in custody any dog or cat over seven months of age unless that dog or cat has been vaccinated or inoculated against rabies by a licensed veterinarian, the vaccination or inoculation to consist of antirabies vaccine of standard and accepted quality and formula. The vaccination or inoculation shall be repeated annually thereafter, if a killed vaccine was used.
B. 
Certificate of inoculation. The person shall obtain from the veterinarian who vaccinates or inoculates the dog or cat against rabies a certificate in duplicate showing the date of the vaccination or inoculation, the kind of vaccination or inoculation, a description of the dog or cat, including the breed or the primary breeds of the dog or cat, the name and address of the owner of the dog or cat, and a rabies tag indicating that the dog or cat has been vaccinated or inoculated against rabies and indicating the year of the vaccination or inoculation. The certificate shall be filed within 10 days with the person designated to issue dog licenses, who shall return one copy of the certificate to the person registering the dog or cat. The tag shall be securely attached to the collar or harness on the dog, where it shall remain at all times, except when the dog is in a wholly enclosed area on the premises of the owner.
A. 
"Public nuisance" defined. Within the purview of this section, a dog or cat shall be considered a public nuisance if it has no known owner or custodian or if it has no known place of care or shelter or if it habitually trespasses upon or damages either private or public property or annoys, bites, scratches or harms lawful users or occupants thereof.
B. 
Running at large.
(1) 
It shall be unlawful for any person owning, keeping, harboring, or having custody or possession of any dog or cat, whether registered or not, to allow, permit or suffer that dog or cat to be in or upon any public street, avenue, highway or in any public or quasi-public place in the Township of Willingboro, unless the dog or cat is led by a chain, cord, thong or other leash in the hands of a person capable of leading and controlling the dog or cat or shall be securely confined in an automobile or carried securely in the arms of a person capable of controlling the dog or cat.
(2) 
It shall be unlawful for any person owning, keeping, harboring, or having the custody of any dog or cat, whether registered or not, to allow, permit, or suffer that dog or cat to be in or upon the private premises or property of another person without the express and prior authority of the person owning the property, and, in those cases where the authority is granted, the dog or cat must be kept inside an enclosed structure or securely leashed or fenced in to prevent the animal from leaving that property or premises.
(3) 
It shall be unlawful for any person owning, keeping, harboring, or having the custody or possession of any dog or cat, whether registered or not, to allow, permit or suffer the dog or cat to remain outside of an enclosed structure on the premises of that person unless the dog or cat shall be securely leashed or fenced in or under the direct and immediate control of a person actually able to physically restrain the dog or cat.
(4) 
Any dog or cat which shall be in or upon any public street, avenue, road or highway or in any public place or upon any private property or premises not that of the owner or a person entitled to possession or custody of the dog or cat or which shall run at large in the Township of Willingboro may be taken into custody and impounded and thereafter redeemed or destroyed as provided by law.
C. 
Duties of owners or custodians. Any person who owns, keeps or harbors any dog or cat at any place within the Township of Willingboro or who allows, permits, or suffers any dog or cat to enter the corporate limits of the Township shall exercise sufficient and proper care of and control over the animal at all times so as to prevent the animal from running at large or from becoming a public nuisance.
D. 
Presumptions. The fact that a dog or cat shall be in or upon any public street, avenue, road or highway or in any public place or upon any private property or premises not that of the owner or a person entitled to possession or custody of the dog or cat or which shall run at large in the Township of Willingboro shall create a presumption that the person owning, keeping, harboring, or having custody or possession of any dog or cat has failed to exercise sufficient and proper care of and control over the animal and has allowed, permitted or suffered the dog or cat to be at large in violation of this section. That presumption may be rebutted only by credible evidence demonstrating that the person charged took all reasonable measures to prevent the dog or cat from being in or upon any public street, avenue, road or highway or in any public place or upon any private property or premises not that of the owner or a person entitled to possession or custody of the dog or cat or running at large in the Township of Willingboro. The fact that the person did not know that the dog or cat was at large shall not be sufficient to rebut the presumption.
E. 
Seizure and custodial care. The Animal Control Officer or other person designated and authorized by the Township Council to enforce the provisions of this article shall, upon receipt of a complaint that a dog or cat is running at large or is a public nuisance, seize the dog or cat in accordance with N.J.S.A. 4:19-15.16.
[Amended 3-5-2013 by Ord. No. 2013-1[1]]
[1]
Editor's Note: Original Secs. 6-5.6 through 6-5.9, which immediately followed this subsection, were repealed 3-5-2013 by Ord. No. 2013-1.
No person, which shall be defined to include a family unit, shall keep, harbor, have possession or custody of more than two domesticated animals of the same type or combination thereof on any one residential premises 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 premises at the time of the birth of the puppies or kittens, nor to three or more dogs which were licensed prior to July 15, 1976, provided that the dogs shall not be replaced so long as two or more other domesticated animals shall be kept harbored or possessed or be in custody at the residential premises. This limitation shall not include those animals which are normally kept in a cage or other container in the interior of the residential structure, such as small birds, fish, hamsters, etc.
It shall be a violation of this article for any person to molest, obstruct or interfere with the Animal Control Officer, a member of the Police Department of the Township, or any other duly authorized agent or representative of the Township engaged in the enforcement of this article.
[Amended 3-5-2013 by Ord. No. 2013-1; 3-20-2018 by Ord. No. 2018-1]
Except as provided in N.J.S.A. 4:19-15.19, upon conviction for violations of the provisions of this article shall be punishable by one or more of the following: a fine not to exceed $2,000; a term of imprisonment not to exceed 90 days; or a period of community service not to exceed 90 days. Each day that such violation has been found to exist shall constitute a separate violation or offense.