[Ord. 730, 7/10/2000, § 1]
The following terms, shall have the meanings indicated unless
a different meaning clearly appears from the context:
Any person, firm, partnership, association or corporation.
A condition dangerous to health or which unreasonably interferes
with the health, safety, peace, comfort or convenience of the citizens
of the Township of Elizabeth.
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In this Part, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine.
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[Ord. 730, 7/10/2000, § 2]
The Board of Commissioners of the Township of Elizabeth, finding
that there is need to place a limit on the amount of dogs and cats
owned by residents of the Township for public health and safety purposes,
and seeing a need to prohibit any type of fight training within the
Township, hereby declare it to be necessary to provide for control
and regulation of the number of dogs and cats within the Township
of Elizabeth.
[Ord. 730, 7/10/2000, § 2]
It shall be unlawful for any person to keep any dog or cat except
as provided in this section:
A.
No person shall keep or allow to remain on any premises, owned, leased,
occupied or otherwise controlled by him or her a total of more than
five dogs and/or cats in their household. This limitation shall not
apply to persons owning 50 or more acres of land. All other provisions
of this Part shall remain in full force and effect for all citizens
of the Township regardless of the amount of acreage owned.
B.
If any such dog or cat shall be kept in a dwelling owned or occupied
by its owner, such owner shall be required to follow such procedures
and practices, as to the number of such dogs and/or cats to be kept
there, and as to sanitation, to insure that no public nuisance shall
be created or maintained and no threat to the health of persons living
elsewhere than in such dwelling shall be created.
C.
If any such dog or cat shall be kept in an enclosure outside such
dwelling, the keeper of such animal shall confine the same in an enclosure
sufficient to prevent such animal from running at large and such enclosure
shall be of size and construction conducive to the animal's health,
and shall be at least 30 feet from any main building on an adjoining
lot in a residential district.
D.
In the event that any dog or cat should have a litter, the young
animals shall be disbursed within 12 weeks from their birth date.
[Ord. 730, 7/10/2000, § 3]
It shall be unlawful to fight train, keep, harbor, transport
through the limits of the Township of Elizabeth, own, or in any way
possess a dog for the purpose of fight exhibitions. Scars and wounds
are rebuttable evidence of participation in dog fight exhibitions
or training. "Fight training" is defined to include, but not be limited
to:
A.
Actions designed to torment, badger, or bait any dog for purpose
of encouraging said dog for fight exhibition.
B.
The use of other animals for bloodsport training.
C.
Any other activity, the primary purpose of which is the training
of dogs for aggressive or vicious behavior or dog fight exhibitions.
[Ord. 730, 7/10/2000, § 4]
Any violation of this Part that would also violate any state
law shall be prosecuted under that state law and not under this Part.
[Ord. 730, 7/10/2000, § 5]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600, and in default of payment, to undergo imprisonment for a term
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
[Ord. 730, 7/10/2000, § 6]
Upon receipt of a signed complaint or upon the personal observation
of an animal control officer or a representative of the Department
of Public Health or Police Department that a violation of this Part
has occurred, the animal control officer, or the Department of Public
Health or Police Department representative, may find that the dog
or cat presents a danger and is subject to seizure and impoundment.
Upon finding that the dog and/or cat is subject to seizure, the animal
control officer shall take such action as required to seize and impound
the animal.
