[Adopted 5-17-1974 as Ch. 60 of the 1974 Code]
As used in this article, the following terms
shall have the meanings indicated:
Includes all canines irrespective of age, sex or breed.
[Amended 7-28-1988 by Ord. No. 38-88]
The owner of any dog or dogs in the Township
of Lacey shall be responsible to control the dog or dogs in the manner
provided herein.
A.
No dog shall be allowed to run at large on private
property, other than the property of its owner or custodian, or on
any of the public streets or public places of this Township unless
such dog is accompanied by a person who is capable of controlling
it and the dog is securely confined and controlled by an adequate
leash not more than six feet long.
B.
No person owning or having the care, custody or control
of any dog shall permit such dog to soil, defile or defecate upon
any sidewalk or street or upon any public property or in or upon the
property of persons other than the owner or person having the care,
custody or control of such dog. If a dog should defecate upon any
sidewalk, street, public property or property of persons other than
the owner or person having the care, custody or control of such dog,
the owner or person having the care, custody or control of such dog
shall be responsible for the removal of such defecation from such
property and shall properly dispose of the same.
[Amended 7-11-1996 by Ord. No. 96-36]
Any dog while engaged in hunting or training
for hunting shall be in the immediate control, custody or management
of its owner or custodian. The owner, lessee or custodian of a dog
found running at large in the woods or fields shall be liable to a
penalty of $20 for each offense.
The owner or custodian of any dog shall be responsible
for the damages done by such dog.
A.
No person shall own, keep or harbor any dog which
has attained or shall attain the age of seven months or shall possess
a set of permanent teeth, within the Township, unless he first obtains
a license and official metal registration tag therefor, issued by
the Board of Health upon application and payment of the prescribed
fee.
B.
The license shall contain the name and address of
the owner of such dog; a short description of the dog, indicating
the breed, sex and markings; the number of such license; and shall
bear the signature of the Chairman of the Board of Health or a person
or persons designated by him. Said license and official metal registration
tag shall be procured during the month of June in each year, and said
registration tag shall thereafter be securely fastened to a collar
or harness placed upon said dog.
[Amended 1-25-1996 by Ord. No. 96-03]
C.
License and registration fees.
[Amended 9-20-1974; 9-27-1981 by Ord. No. 31-81; 10-9-1986 by Ord. No. 52-86; 1-22-1987 by Ord. No. 2-87]
(1)
The person applying for the license and registration
tag shall pay to the Board of Health a fee of $10.80 for each dog.
Each license and tag shall be renewed annually. Each license and tag
shall be renewed either prior to or upon the expiration of the license
previously issued and for each animal renewal, a fee for the license
and registration tag shall be paid. Said license and registration
tags and renewals thereof shall expire no later than June 30 in the
year stated on the license. In the event the license and registration
tags are not renewed within 45 days after June 30 of the year stated
on the license, there will be an additional fee of $20 as a late fee
for the renewal of the license and registration tags.
[Amended 12-17-1992 by Ord. No. 92-81; 1-25-1996 by Ord. No. 96-03; 6-27-2002 by Ord. No. 02-16; 4-12-2007 by Ord. No. 2007-08[1]]
[1]
Editor's Note: This ordinance is effective
starting with the 2007-2008 licensing period.
(2)
The person applying for the license and registration tag shall pay, in addition to the fees set forth in § 134-5C(1), the sum of $1 for a one-year registration for each dog.
D.
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 shall be accepted by the
Township as evidence of compliance with this section.
E.
Dogs used as guides for handicapped persons and commonly
known as "Seeing Eye" dogs, "hearing ear" dogs or "service" dogs,
as provided in N.J.S.A. 4:19-15.3, shall be licensed and registered
as other dogs herein provided for, except that the owner or keeper
of such dog shall not be required to pay any fee therefor.
[Amended 1-25-1996 by Ord. No. 96-03; 7-11-1996 by Ord. No. 96-36]
F.
Application forms for license and uniform official
metal registration tags designed by the State Department of Health
shall be furnished by the Township, and licenses shall be numbered
serially and shall bear the year of issuance and the name of the Township.
G.
The owner of any newly acquired dog which has attained
or shall attain the age of seven months or shall possess a set of
permanent teeth shall apply for a license and registration tag for
such dog within 10 days after such acquisition or age attainment.
H.
Any person who shall bring or shall cause to be brought
into the Township any dog licensed in another state for the current
licensing year and bearing a registration tag and shall keep the same
or permit the same to be kept within the Township for a period of
more than 90 days shall immediately apply for a license and registration
tag for each such dog. 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 within the Township for a period of more than
10 days shall immediately apply for a license and registration tag
for each such dog.
I.
No person except an official or agent in the performance
of his 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.
Allowing any dog to run at large or allowing
any dog to annoy other inhabitants of this Township is hereby declared
to be a nuisance.
[Amended 7-11-1996 by Ord. No. 96-36]
A.
In the event that any dog shall be found running at
large upon any public or private property other than the property
of the person owning, keeping or harboring said dog, in violation
of any of the provisions of this article, such dog shall be forthwith
taken and impounded by the police, Dog Warden or other duly authorized
official or agent of this Township and shall be kept and confined
for a period of time of not more than 10 days and shall then be destroyed
in a manner causing as little pain as possible and consistent with
the provisions of N.J.S.A. 4:22-19 or offered for adoption; provided,
however, that:
(1)
Notice is given as set forth in N.J.S.A. 4:19-15.16
and the animal remains unclaimed; or
(2)
The person owning, keeping or harboring the animal
has not claimed the animal and paid all expenses incurred by reason
of its detention, including maintenance cost not exceeding $4 per
day, or the person does not produce a license and registration tag
for a dog which was unlicensed at the time of seizure.
B.
If adopted, at the time of adoption, the right of
ownership in the animal shall transfer to the new owner.
[Added 9-24-2015 by Ord.
No. 2015-10]
A.
It is unlawful to chain or tether unneutered/unspayed dogs in any
manner and/or at any time within the Township.
B.
Neutered/Spayed dogs may be tethered under the following circumstances:
(1)
The tether must be at least 15 feet long and have an operative
swivel on both ends, weigh no more than 1/8 of the dog's weight and
be attached to a properly fitted collar or harness.
(2)
The collar used for tethering may not be a choke chain collar,
slip collar or prong collar.
(3)
The tether must allow the dog access to proper shelter, sufficient
food and sufficient water.
(4)
The tether may not be used in any area where it may be tangled
around an object, such as, but not limited to, a tree, pole, fence
or stake.
(5)
The tether cannot inhibit the movement of the animal's limbs
or cause injury, harm, entanglement or strangulation.
(6)
The tether must restrain the dog within the bounds of the owner's
or custodian's property.
(7)
The tether must terminate no less than five feet from any fence,
pool, wall, vehicle, tree or roadway, or other object or obstruction
upon which the animal might harm himself.
(8)
Dogs may be tethered for no more than six consecutive hours
in any twenty-four-hour period of time and never between 10:00 p.m.
and 6:00 a.m.
(9)
If there are multiple dogs, each dog shall be tethered separately
and in such a manner that the tethers shall not become entangled with
each other.
(10)
No dog shall be tethered at a vacant structure or premises for
any purpose when it is not monitored by a competent adult who is present
at the property for the duration of such tethering.
(11)
No dog that is sick or injured shall be tethered.
C.
Dog shelters.
(1)
Dog shelters shall be a suitable size to accommodate the dog
in both standing and lying positions.
(2)
It shall be moisture-proof, windproof, ventilated and in cold
temperatures shall promote the retention of body heat.
(3)
It shall be made of durable material with a solid, moisture-proof
floor raised at least two inches from the ground.
(4)
It shall have a sufficient quantity of clean bedding material
consisting of hay, straw, cedar shavings, or equivalent to provide
insulation and protection against cold and dampness.
(5)
Drinking water is available in a clean, liquid state. Snow or
ice is not an acceptable water source.
(6)
The doghouse or similar structure and the surrounding area shall
be free from excessive dirt, trash and waste.
(7)
For temperatures below 32º F., the doghouse or structure
shall have a wind break at the entrance.
(8)
For temperatures above 85º F., all dogs must be afforded
one or more separate areas of shade large enough to accommodate the
entire body of each dog and protect them from the direct rays of the
sun.
D.
When a violation of this provision occurs, an Animal Control Officer and/or Code Enforcement Officer is authorized to document the circumstances, and obtain evidence. Violations of this section shall be subject to provisions of § 134-7 (impounding) and § 134-8 (violations). For subsequent offenses, there may be a permanent surrender of the dog if recommended by Animal Control and ordered by the municipal court.
[Amended 1-25-1996 by Ord. No. 96-03]
A.
Any person who violates, fails or refuses to comply with § 134-5 of this article shall be liable to a penalty of not less than $5 nor more than $50 for each offense, except for the first offense the penalty shall be not less than $1 nor more than $50, as determined in the discretion of the Municipal Court Judge.
B.
Any person violating or failing to comply with any
other provision of this article shall, upon conviction thereof, be
punishable by a fine not to exceed $1,000, by imprisonment not to
exceed 90 days or by community service of not more than 90 days or
any combination of fine, imprisonment and community service, as determined
in the discretion of the Municipal Court Judge. The combination of
such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
C.
The violation of any provisions of this article shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
