[Adopted 6-8-1961 by Ord. No. H20-61 (Ch. 101 of the 1969 Code)]
The words hereinafter defined shall have the meanings herein indicated for the purpose of this article, as follows:
- The Municipal Court of the Township of Morris.
- Any dog, bitch or spayed bitch.
- DOG OF LICENSING AGE
- 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 or breeding dogs for sale is carried on, except a pet shop.
- When applied to the proprietorship of a dog, includes every person having a right of property in such dog and every person who has such dog in his keeping.
- An individual, firm, partnership, corporation or association of persons.
- PET SHOP
- Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
- An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
- RUN AT LARGE
- Includes the running or standing of any dog on any street or other public or private place except the property of the owner of the dog in the Township of Morris, unattended and not under the immediate control of some responsible person able to control said dog.
- Any establishment where dogs are received, housed and distributed.[Amended 8-8-1979 by Ord. No. 24-79]
- The Township of Morris in the County of Morris.
The words "and" and "or" may be used interchangeably, and either of the two may be applicable, whichever is more conducive towards the effectuating of this article. Personal pronouns shall mean either the singular or plural, whichever is applicable and conducive towards the effectuating of this article. The masculine, feminine or the neuter gender shall be implied, whichever is appropriate and conducive for the effectuating of this article.
Editor's Note: The following original sections of the 1969 Code, which immediately followed this section, were repealed 8-8-1979 by Ord. No. 24-79: § 101-2, Dog licenses and tags required; § 101-3, Restrictions on use of tags; § 101-4, Dog license fees; exemption of Seeing Eye dogs from fees, amended 12-8-1965 by Ord. No. 27-65 and 12-11-1968 by Ord. No. 22-68; § 101-5, Licenses for new dogs; § 101-6, Applications for dog licenses; and § 101-7, Rabies vaccination required.
[Amended 8-20-1997 by Ord. No. 27-97]
No person shall own, keep or harbor nor suffer the maintenance within his or her household of more than three dogs at any time upon any residential, commercial or industrial property in the Township of Morris less than one acre in size. One additional dog may be kept or maintained upon the premises for every acre in excess of one acre, up to a maximum of five dogs total for any commercial, industrial or residential property. The maximum allowable number of dogs for any townhouse, condominium, apartment or similar multifamily living unit shall be two for each such dwelling unit. Puppies under the age of four months are excepted herefrom. Animal hospitals, licensed kennels, pet shops, shelters, pounds or training facilities for the blind are not regulated pursuant to this section. Any person desiring to maintain a number of dogs in excess of those permitted herein must possess a kennel license.
It shall be unlawful for any person to maintain, keep, harbor or suffer the maintenance, within his or her household, of a greater number of dogs than those permitted herein on or after the due date for the 1998 dog license renewals.
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Clerk, or other official designated to license dogs in the Township, for a license entitling him to keep or operate such establishment.
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the Zoning Officer and the Board of Health of the Township showing compliance with local and state rules and regulations governing location of and sanitation at such establishment.
All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of January of each year and be subject to revocation by the Township on recommendation of the State Department of Health or the Board of Health of the Township for failure to comply with the rules and regulations of the State Department or local Board governing the same, after the owner has been afforded a hearing by either the State Department or local Board.
Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishment; such license shall not be transferable to another owner or different premises.
[Amended 12-11-1968 by Ord. No. 22-68]
The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $10, and for more than 10 dogs, $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound.
The Clerk or other official designated to license dogs in the Township shall forward to the State Department of Health a list of all kennel, pet shop, shelter and pound licenses within 30 days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises except on a leash or in a crate or other safe control.
All license fees and money collected or received under the provisions of this article shall be forwarded to the Treasurer of the Township of Morris, who shall place the money in a special account and thereafter dispose of the moneys in said account, all in accordance with N.J.S.A. 4:19-15.11.
[Amended 4-15-1998 by Ord. No. 6-98]
The annual license official or such other person as may be designated by the Township Committee of the Township of Morris shall, either annually or biennially, at the direction of the governing body, cause a canvass to be made of all dogs and cats owned, kept or harbored within the limits of the Township of Morris and shall report, on or before September 1 of the year in which the census is taken, to the Clerk of the Township of Morris, to the Board of Health of the Township of Morris and to the State Department of Health the results thereof. There shall be set forth in separate columns the names and addresses of persons owning, keeping or harboring unlicensed dogs and cats and the number of unlicensed dogs and cats owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs and cats. This section is in accordance with N.J.S.A. 4:19-15.15.
[Amended 8-9-1978 by Ord. No. 29-78; 10-10-1979 by Ord. No. 35-79]
No person owning, keeping or harboring a dog shall permit, suffer or allow said dog to:
Run at large within the limits of the Township of Morris.
Cause any injury to any person.
Do any damage to any shrub, tree or other property in the Township of Morris.
Soil or defile or commit any nuisance upon any property, either public or private, within the Township of Morris.
Habitually bark, howl or cry. The habitual barking, howling or crying of a dog or dogs in the Township of Morris is hereby declared to be a disturbing noise and a nuisance.
Be or become a public nuisance or create a condition hazardous to safety and health.
Be upon any public playground, schoolyard or public recreation area in the Township of Morris, whether leashed or unleashed.
The Township Committee of the Township of Morris is hereby empowered to appoint a poundmaster, dog warden or dog catcher, or it may designate some authority to enforce the provisions of this article.
The Township Committee may, by resolution, enter into a contract with any humane society, animal shelter or similar association, or with one or more persons, either individual or corporate, to exercise the duties of dog warden or poundmaster and to enforce this article.
All police officers of the Township of Morris, regular and special, are hereby given full power and authority and are charged with the duty to enforce this article.
The poundmaster, dog warden or dog catcher or other designated authority, or any police officer of the Township of Morris, shall take into custody and impound, or cause to be taken into custody and impounded, and thereafter destroyed or disposed of as provided in this section:
Any dog running at large, or any dog off the premises of the owner or of the person keeping or harboring said dog, contrary to any of the provisions of § 514-9 of this article, or which is committing a nuisance or doing any injury or damage in violation thereof.
Any dog off the premises of the owner or of the person keeping or harboring said dog which the dog warden or any of the other persons charged with the enforcement of this article believes is a stray dog.
Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on his collar.
Any female in season off the premises of the owner or of the person keeping or harboring said dog, except when on a leash and in the control of a responsible person capable of maintaining such control.
Any dog on the premises of the owner which gives evidence of being mad and vicious or dangerous to public health and safety.
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 dog or dogs which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if said owner is present and forbids the same.
If any dog 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 said dog is known, the poundmaster, dog warden or dog catcher or any other official charged with the enforcement of this article, or any person authorized by them on their behalf, shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said dog, if known, a notice in writing stating that the dog 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.
A notice under 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 post 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.
When any dog so seized has been detained for seven days after seizure, when no notice has been given as above set forth or because of lack of name and address of owner, and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention, and if the dog be unlicensed at the time of seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the poundmaster, dog warden, dog catcher or other designated authority, or any person authorized by them in that behalf, may cause the dog to be destroyed in a manner causing as little pain as possible.
[Amended 5-13-1965 by Ord. No. H9-65; 4-11-1979 by Ord. No. 14-79]
The expenses referred to in § 514-13, which shall be paid by the owner or person keeping or harboring a dog that has been impounded, shall be $50 for impounding said dog and $4 per day for maintenance. No owner or person keeping or harboring a dog shall be permitted to claim an impounded dog unless a license and registration tag can be produced for said dog.
[Added 9-12-1963 by Ord. No. H14-63; amended 8-14-1968 by Ord. No. 18-68; 12-8-1976 by Ord. No. 30-76]
When a dog, cat or other animal bite has occurred to a human being in the Township of Morris and notice of bite and quarantine has been served upon the owner or person in charge, the animal shall be confined for a minimum period of 10 days or more from the date of bite within the confines of the animal owner's home. The quarantine shall comply with the provisions of N.J.S.A. 26:4-82 and 26:4-85.
The quarantined animal shall remain securely segregated in a building, pen or other enclosure separate and apart from human beings and animals until a release provided by the Health Department is signed by the Health Officer or agent of the Board of Health.
Any animal required to be maintained under quarantine that is found to be in violation of the above provisions shall be removed to a veterinarian's establishment by the Health Department or its authorized agent. The animal shall remain at the veterinarian's establishment for the remainder of the quarantine period and shall be released directly to the owner. All costs incurred shall be the owner's responsibility.
[Amended 9-12-1984 by Ord. No. 35-84]
The owner or person in charge of an animal while under the quarantine shall in no way destroy the animal. Should the animal die of natural causes or become ill, the owner or person in charge shall immediately upon illness or death of the animal call the Health Department. In case of death, the animal shall not be removed or destroyed after expiration but shall remain in the possession of the owner until direction is given by the Health Department.
Notice of bite and quarantine of animal shall be sent to the owner of the animal by the Health Department.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
[Amended 9-12-1963 by Ord. No. H14-63; 10-10-1979 by Ord. No. 35-79]
Any person who violates any of the provisions of this article or who fails or refuses to comply with any of the provisions hereof shall be liable to a fine of not less than $5 nor more than $500 for each offense, in the discretion of the Municipal Judge of the Township of Morris.