[HISTORY: Adopted by the Township Council of the Township
of East Brunswick 2-28-66 as Ord. No. 66-39 and as Ch. IX of the Revised General Ordinances. Section
83-30 added at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable; Section 83-31 added
1-28-80 by Ord. No. 80-209; amended
to include cats 12-10-90 by Ord. No. 90-67]
[Amended 7-12-99 by Ord. No. 99-31; 12-10-07 by Ord. No. 07-29; 11-28-16 by Ord. 16-23]
As used in this chapter 83-1 et seq., the following terms shall
have the meanings indicated:
An animal control center or animal shelter, maintained by
or under contract with any state, county or municipality, whose mission
and practice is, in whole, or in significant part, the rescue and
placement of animals in permanent homes or rescue organizations.
[Added 4-25-16 by Ord. 16-08]
A certified municipal animal control officer or, in the absence
or unavailability of such an officer, the chief law enforcement officer
of the municipality or his/her designee.
[Added 7-12-99 by Ord. No. 99-31]
An individual or group of individuals who, with or without
salary or compensation, house and care for homeless animals in the
home of an individual or in other facilities, with the intent of placing
the animals in responsible, more permanent homes as soon as possible.
[Added 4-25-16 by Ord. 16-08]
The New Jersey Department of Health.
[Added 7-12-99 by Ord. No. 99-31]
Any dog or dog hybrid.
[Added 7-12-99 by Ord. No. 99-31]
Any cat, dog, or livestock other than poultry.
[Added 7-12-99 by Ord. No. 99-31]
Refers to both the hygienic care and cleaning of a dog, as
well as a process by which a dog's physical appearance is enhanced.
A dog groomer (or simply "groomer") is a person who earns their living
grooming dogs.
[Added 11-28-16 by Ord. 16-23]
Any dog or cat which has attained the age of seven (7) months
or which possesses a set of permanent teeth.
To sell, offer for sale or adoption, advertise for the sale
of, barter, auction, give away or otherwise dispose of a dog or cat.
[Added 4-25-16 by Ord. 16-08]
When applied to the proprietorship of a dog or cat, means
every person, firm, association, corporation or responsible party
for an animal, owning, controlling, harboring or keeping any dog or
cat which is over the age of seven (7) months or possesses a set of
permanent teeth or any other animals. If the owner is a minor as defined
by statute, the minor's parent(s) or legal guardian(s) shall be the
owner for purposes of this section.
[Amended 7-12-99 by Ord. No. 99-31; 12-10-07 by Ord. No. 07-29; 11-28-16 by Ord. 16-23]
Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to § 83-16III.
[Added 7-12-99 by Ord. No. 99-31]
The restraining of an animal by the tying to any object or
structure, including, without limitation, a house, tree, fence, post,
garage, weight or shed, by any means, including, without limitation,
rope, cord, leash or running line, but shall not include the use of
a leash used to walk the animal or to form of restraint used in the
transportation of an animal.
[Added 11-28-16 by Ord. 16-23]
Any cat which has attacked or bitten any human being without
provocation.
[Amended 7-12-99 by Ord. No. 99-31]
Any dog or dog hybrid declared vicious by a municipal court pursuant to § 83-16II.
[Amended 7-12-99 by Ord. No. 99-31]
[Amended 12-10-90 by Ord. No. 90-67; 7-12-99 by Ord. No. 99-31]
A.
Licenses shall be required for the following dogs or cats of licensing
age:
(1)
Any dog or cat owned and kept within the township on the first day
of January of any calendar year.
(2)
Any dog or cat acquired by any person during the course of any calendar
year and kept within the township for more than ten (10) days after
acquisition.
(3)
Any dog or cat attaining licensing age during the course of the calendar
year.
(4)
Any unlicensed dog or cat brought into the township by any person
and kept within the township for more than ten (10) days.
(5)
Any dog or cat, licensed by another state, brought into the township
by any person and kept within the township for more than ninety (90)
days.
(6)
Any dog that the municipal court declares to be potentially dangerous.
[Added 7-12-99 by Ord. No. 99-31]
B.
Only one (1) license and registration tag shall be required in any
licensing year for any dog or cat owned in New Jersey, and the license
and tag issued by any other municipality of this state shall be accepted
by the township as evidence of compliance with this chapter.
[Amended 9-10-79 by Ord. No. 79-167; 12-10-90 by Ord. No. 90-67; 7-12-99 by Ord. No. 99-31; 12-10-07
by Ord. No. 07-29; 11-28-16 by Ord.
No. 16-23]
A.
Each application for a dog or cat license shall be made to the East
Brunswick Township Clerk's Office and shall give the following information:
[Amended 5-8-2023 by Ord. No. 23-12]
(1)
A general description of the dog or cat sought to be licensed, including
breed, sex, age, color and markings, and whether the dog or cat is
of a long-or short-haired variety.
(2)
Name, street and post office address of the owner of the dog or cat
and the person who shall keep the dog or cat if other than the owner,
a telephone number for the owner of the dog or cat and the person
who shall keep the dog or cat if other than the owner.
B.
Registration numbers shall be issued in the order in which they are
received.
C.
The Township shall:
(1)
Issue a potentially dangerous dog registration number and red identification
tag along with a municipal potentially dangerous dog license upon
a demonstration of sufficient evidence by the owner to the Animal
Control Officer that he has complied with the court's orders. The
last three digits of each potentially dangerous dog registration number
issued by the Township will be the three number code assigned to the
municipality in the regulations promulgated pursuant to N.J.S.A. 4:19-33.
The Animal Control Officer shall verify, in writing, compliance to
the Township Clerk to license dogs in the municipality.
[Amended 5-8-2023 by Ord. No. 23-12]
(2)
Publicize a telephone number for reporting violations of this act.
This telephone number shall be forwarded to the department and any
changes in this number shall be reported immediately to the department.
[Amended 12-10-07 by Ord. No. 07-29]
Applications for licenses for dogs or cats which are required to be licensed by the provisions of § 83-2A(1) shall be made before the first day of April of each year. In all other cases, the application for a license shall be made within ten (10) days of the date upon which the dog or cat in question first becomes subject to the provisions of this section.
[Amended 11-28-66 by Ord. No. 66-39-A; 11-12-73 by Ord. No. 73-39-B; 8-26-74 by Ord. No. 74-192; 1-24-77
by Ord. No. 77-1-VV; 4-10-78 by Ord. No. 78-8; 3-26-79 by Ord. No. 79-125; 7-25-83 by Ord.
No. 83-518; 4-8-91 by Ord. No. 91-35; 7-12-99 by Ord. No. 99-31; 9-26-05 by Ord. No. 05-26; 12-10-07
by Ord. No. 07-29]
The person applying for the license shall pay a fee of $15.20 for each dog or cat, annually, which includes one dollar and twenty cents ($1.20) for any dog under Public Laws of 1983, Chapter 181. Any person applying for a license shall pay a fee of $3.00 for any dog or cat of reproductive age which has not had its reproductive capacity permanently altered through sterilization, pursuant to Assembly Bill 1917 adopted as Chapter 172 of the Laws of 1983. The same fees shall be charged for the annual renewal of each license and registration tag. There shall be a late fee of five dollars ($5.) for any license which is applied for after it is due. There shall be a charge of two dollars ($2.) for the replacement of any license or tag. Notwithstanding the above, the fee for each potentially dangerous dog license and each renewal thereof shall be $500.00 annually in accordance with N.J.S.A. 4:19-31.
[Amended 12-10-07 by Ord. No. 07-29]
Each dog or cat license and registration tag shall expire on
the last day of March of the year following the year in which it was
issued.
[Amended 12-10-07 by Ord. No. 07-29]
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 in the same manner as
other dogs, except that the owner shall not be required to pay any
fee.
No person shall own a dog or cat within the Township of East
Brunswick unless it has been vaccinated against rabies. This includes
farm cats.
Vaccinations shall be performed by a veterinarian licensed to
practice in the State of New Jersey. The vaccine used shall be from
a manufacturer licensed by the Bureau of Animal Industry of the United
States Department of Agriculture. The dosage shall be as recommended
by the manufacturer. All dogs and cats shall be revaccinated before
the expiration of the period of time for which the vaccine used is
known to be effective.
A.
The Director of Health and Welfare may exempt any dog or cat from the provisions of §§ 83-8 through 83-13 if there is presented to him a certificate from a licensed veterinarian stating that it would be undesirable to vaccinate a particular dog or cat for a specified period of time because of the dog or cat's age, infirmity or other physical condition.
The fact that a dog or cat has been vaccinated against rabies
shall be evidenced by a certificate from the veterinarian performing
the vaccination. The certificate shall either be on a form approved
by the Director of Health and Welfare or standard immunization certificate
used by the veterinarian. The certificate shall be presented to the
Director of Health and Welfare within ten (10) days after each vaccination.
In the case of dogs being vaccinated before being brought to the township,
the certificate shall be presented to the Director of Health and Welfare
within ten (10) days after the dog is brought into the township.
[Amended 9-10-79 by Ord. No. 79-167; 5-8-2023 by Ord. No. 23-12]
[Deleted 4-14-80 by Ord. No. 80-239]
[Amended 8-22-16 by Ord. 16-13; 11-28-16 by Ord. 16-23]
No person shall own a dog or cat in the Township of East Brunswick
except in compliance with the following regulations. Cats are exempt
from Section 83-14C-G:
A.
Registration tags. A metal registration tag shall be issued for each
dog and cat licensed. Every licensed dog and cat shall wear a collar
or harness with its registration tag securely fastened to it. Elastic
collars may be used on cats.
B.
Use of registration tags. No person, except the Animal Control Officer
or a police officer in the performance of their duties, shall remove
a registration tag from the collar of any dog or cat without the consent
of the owner, or attach a registration tag to a dog or cat for which
it was not issued.
[Amended 11-12-73 by Ord. No. 73-39-B; 8-26-74 by Ord. No. 74-192; l-28-80 by Ord. No. 80-209]
C.
Disturbing the peace. No person shall own any dog which habitually
barks or cries in a manner that would disturb a reasonable person,
particularly between the hours of 10:00 p.m. and 6:00 a.m. Cats are
exempt.
D.
Running at large. No person shall allow any dogs, cattle, horses,
swine, fowl or any other animals to run at large upon the public streets
or in any public park, in any building or in any other public place
within the Township, nor permit to run at large upon private property
without the permission of the owner. Cats are exempt.
[Amended 11-23-2020 by Ord. No. 20-25]
E.
Leashing of dogs. No person owning a dog shall permit it to be upon
the public streets or in any other public place in the township unless
the dog is securely fastened to an adequate leash not more than eight
(8) feet long and is accompanied by a person capable of controlling
it. Cats are exempt.
1)
Collars - It shall be unlawful for any person to collar an animal
with a choke-type collar, prong-type collar, pinch-type collar, or
rope. The collar must be at least as large as the circumference of
the animal's neck plus one (1) inch and cannot be constructed primarily
of metal.
[Added 11-28-16 by Ord. 16-23]
F.
Property damage. No person owning or in control of a dog shall permit
it to damage any lawn, shrubbery, flowers, grounds or other property.
Cats are exempt.
G.
Curbing of dogs. Every person owning or in control of a dog shall
be responsible for curbing it whenever the dog is on public property
or property dedicated to public use. Cats are exempt.
H.
Public Nuisance - Cats. A cat shall be considered a public nuisance
if: (1) it has no known owner or custodian, or, (2) if it has no known
place of custodial care or, (3) if it damages private or public property
or, (4) if it attacks lawful users or occupants of private or public
property or, (5) if it causes a definable public health hazard, supported
by medical and/or other documentation.
[Added 12-10-90 by Ord. No. 90-67]
I.
Restrictions on Leaving Animals in Vehicles. No animal shall be confined
in a parked or standing vehicle or enclosed trailer for a period of
fifteen (15) or more minutes when the temperature during such period
is either below 32º F. or above 75º F.
[Added 11-28-16 by Ord. 16-23]
J.
Tethering of Dog
[Added 8-22-16 by Ord. 16-13]
1)
Dogs may be tethered under the following circumstances:
a.
The tether must be at least fifteen (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.
b.
The collar used for tethering may not be a choke chain collar, slip
collar or prong collar.
c.
The tethered dog must have easy access to drinking water, edible
food, dry ground and adequate shade and/or shelter within the tethering
area.
d.
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.
e.
The tether cannot inhibit the movement of the animal's limbs or cause
injury, harm, entanglement or strangulation.
f.
The tether must restrain the dog within the bounds of the owner's
or custodian's property.
g.
The tether must terminate no less than five (5) feet from any fence,
pool, wall, vehicle, tree or roadway, or other object or obstruction
upon which the animal might harm himself.
h.
Dogs may be tethered for no more than six (6) consecutive hours in
any twenty-four hour period of time.
i.
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.
j.
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.
k.
No dog that is sick or injured shall be tethered.
l.
No dogs shall be tethered between the hours of 11:00 p.m. and 6:00
am.
m.
No animal shall be left outside during inclement weather, e.g. rain
storms, snow storms, ice storms, hurricanes or thunder storms.
2)
Dog Shelters
a.
Dog shelters shall be a suitable size to accommodate the dog in both
standing and lying positions.
b.
It shall be moisture-proof, windproof, ventilated and in cold temperatures
shall promote the retention of body heat.
c.
It shall be made of durable material with a solid, moisture-proof
floor raised at least two (2) inches from the ground.
d.
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.
e.
Drinking water is available in a clean, liquid state. Snow or ice
is not an acceptable water source.
f.
The doghouse or similar structure and the surrounding area shall
be free from excessive dirt, trash and waste.
g.
For temperatures below 32 degrees Fahrenheit, the doghouse or structure
shall have a wind break at the entrance.
h.
For temperatures above 85 degrees Fahrenheit, 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.
[Amended 1-28-80 by Ord. No. 80-209; 7-12-99 by Ord. No. 99-31]
It shall be the duty of the Department of Public Safety and
the Animal Control Officer and/or any police officer to receive and
investigate complaints against dogs or cats. If he/they have reasonable
cause to believe that the dog or cat is a nuisance or poses a danger
to persons or property, he/they shall issue a Township summons to
the owner for appearance before the Judge of the East Brunswick Township
Court.
[Amended 7-12-99 by Ord. No. 99-31; 3/10/03 by Ord. No. 03-05]
I.
The Animal Control Officer shall notify the owner of an allegedly
vicious dog or cat in writing that a complaint has been made and require
the owner to appear before the Municipal Court at a stated time and
place for a hearing.
[Amended 7-12-99 by Ord. No. 99-31]
II.
Dog declared vicious by municipal court; conditions.
[Added 7-12-99 by Ord. No. 99-31]
B.
A dog shall not be declared vicious for inflicting death or serious
bodily injury as defined in N.J.S. 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.
C.
If the municipal court declares a dog to be vicious, and no appeal
is made of this ruling pursuant to § 83-17.1IX, the dog
shall be destroyed in a humane and expeditious manner, except that
no dog may be destroyed during the pendency of an appeal.
III.
Dog declared potentially dangerous; conditions.
[Added 7-12-99 by Ord. No. 99-31; amended 3/10/03 by Ord. No. 03-05]
A.
The municipal court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
B.
A dog shall not be declared potentially dangerous for:
(1)
Causing bodily injury as defined in N.J.S. 2C:11-1(a) to a person
if the dog was provoked; or
(2)
Severely injuring or killing a domestic animal if the domestic
animal was the aggressor.
For the purposes of paragraph (1) of this subsection, the municipality
shall bear the burden of proof to demonstrate that the dog was not
provoked.
IV.
Registration of potentially dangerous dogs; conditions.
If the municipal court declares the dog to be potentially dangerous,
it shall issue an order and a schedule for compliance which, in part:
[Added 7-12-99 by Ord. No. 99-31]
A.
Shall require the owner to comply with the following conditions:
(1)
To apply, at his own expense, to the Township Clerk to license dogs pursuant to N.J.S.A. 4:19-15.2, for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to § 83-1 et seq. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number, and red identification tag;
[Amended 5-8-2023 by Ord. No. 23-12]
(2)
To display, in a conspicuous manner, a sign on his premises
warning that a potentially dangerous dog is on the premises. The sign
shall be visible and legible from 50 feet of the enclosure required
pursuant to paragraph (3) of this subsection;
(3)
To immediately erect and maintain an enclosure for the potentially
dangerous dog on the property where the potentially dangerous dog
will be kept and maintained, which has sound sides, top and bottom
to prevent the potentially dangerous dog from escaping by climbing,
jumping or digging and within a fence of at least six feet in height
separated by at least three feet from the confined area. The owner
of a potentially dangerous dog shall securely lock the enclosure to
prevent the entry of the general public and to preclude any release
or escape of a potentially dangerous dog by an unknowing child or
other person. All potentially dangerous dogs shall be confined in
the enclosure or, if taken out of the enclosure, securely muzzled
and restrained with a tether approved by the Animal Control Officer
and having a minimum tensile strength sufficiently in excess of that
required to restrict the potentially dangerous dog's movements to
a radius of no more than three feet from the owner and under the direct
supervision of the owner.
B.
May require the owner to maintain liability insurance in an amount
determined by the municipal court to cover any damage or injury caused
by the potentially dangerous dog. The liability insurance, which may
be separate from any other homeowner policy, shall contain a provision
requiring the municipality in which the owner resides to be named
as an additional insured for the sole purpose of being notified by
the insurance company of any cancellation, termination or expiration
of the liability insurance policy.
V.
Obligations of owner of potentially dangerous dog.
The owner of a potentially dangerous dog shall:
[Added 7-12-99 by Ord. No. 99-31]
A.
Comply with the provisions of § 83-1 et seq. in accordance with a schedule established by the municipal court, but in no case more than 60 days subsequent to the date of determination;
B.
Notify the licensing authority, local police department, and the
Animal Control Officer if a potentially dangerous dog is at large,
or has attacked a human being or killed a domestic animal;
C.
Notify the licensing authority, local police department, and the
Animal Control Officer within 24 hours of the death, sale or donation
of a potentially dangerous dog;
D.
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
E.
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the department and the licensing authority, police
department or force, and Animal Control Officer of that municipality
of the transfer of ownership and the name, address and telephone of
the new owner; and
VI.
Violation by owner; fine, seizure, impoundment of dog.
[Added 7-12-99 by Ord. No. 99-31]
A.
The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this act, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court's order shall be subject to a fine or not more than $1,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The municipal court shall have jurisdiction to enforce this section. An Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of § 83-1 et seq., or any rule or regulation adopted pursuant thereto, or a court's order. The municipal court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.
B.
Fines,
fees, used for enforcement by municipalities.
All fines and fees collected or received by the township pursuant to subsection VIA above and § 83-5 shall be deposited in a special account and used by the township to administer and enforce the provisions of this chapter 83-1 et seq. as they relate to vicious or potentially dangerous dogs.
VII.
Monthly inspection to verify compliance.
The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with § 83-16IV.
VIII.
Appeal of decision.
The owner of the dog, or the Animal Control Officer in the municipality
in which the dog was impounded, may appeal any final decision, order,
or judgment, including any conditions attached thereto, of the municipal
court by filing an appeal with the Superior Court, Law Division, in
accordance with the Rules Governing The Courts of the State of New
Jersey pertaining to appeals from courts of limited jurisdiction.
The Superior Court shall hear the appeal by conducting a hearing de
novo in the manner established by those rules for appeals from courts
of limited jurisdiction.
[Added 7-12-99 by Ord. No. 99-31]
IX.
Liability of owner for cost, of impounding, destroying dog; rabies
testing.
[Added 7-12-99 by Ord. No. 99-31]
A.
If a dog is declared vicious or potentially dangerous, and all appeals
pertaining thereto have been exhausted, the owner of the dog shall
be liable to the municipality for the costs and expenses of impounding
and destroying the dog. The owner shall incur the expense of impounding
the dog in a facility other than the municipal pound, regardless of
whether the dog is ultimately found to be vicious or potentially dangerous.
B.
If the dog has bitten or exposed a person within 10 days previous
to the time of euthanasia, its head shall be transported to the New
Jersey State Department of Health laboratory for rabies testing.
X.
Hearing on subsequent action of dog.
If the municipal court finds that the dog is not vicious or
potentially dangerous, the municipal court shall retain the right
to convene a hearing to determine whether the dog is vicious or potentially
dangerous for any subsequent actions of the dog.
[Added 7-12-99 by Ord. No. 99-31]
[Amended 1-10-77 by Ord. No. 76-39-E]
No person owning or having control of a dog or cat which has
been determined to be vicious shall permit it to be outside the confines
of the home unless the yard or property is enclosed in such a fashion
that the dog or cat will not be able to run at large.
[Amended 1-28-80 by Ord. No. 80-209; 7-12-99 by Ord. No. 99-31]
I.
The Animal Control Officer and members of the Division of Police
shall take into custody and impound any of the following dogs or cats:
A.
Any dog running at large in violation of the provisions of this chapter § 83-1 et seq.
[Amended 7-12-99 by Ord. No. 99-31]
B.
Any dog or cat off the premises of the owner, which the Animal Control
Officer or a police officer has reason to believe is a stray dog or
cat.
C.
Any dog or cat off the premises of the owner of the dog or cat without
a current registration tag on its collar.
D.
Any female dog in-season off the premises of the owner.
II.
In addition to the provisions cited in § 83-18I above, the Animal Control Officer shall seize and impound a dog when the Animal Control Officer has reasonable cause to believe that the dog:
[Added 7-12-99 by Ord. No. 99-31]
A.
Attacked a person and caused death or serious bodily injury as defined
in N.J.S. 2C:11-1(b) to that person;
B.
Caused bodily injury as defined in N.J.S. 2C:11-1(a) to a person
during an unprovoked attack and poses a serious threat of harm to
persons or domestic animals;
C.
Engaged in dog fighting activities as described in R.S. 4:22-24 and
R.S. 4:22-26; or
D.
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
The dog shall be impounded until the final disposition as to
whether the dog is vicious or potentially dangerous. Subject to the
approval of the municipal health officer, the dog may be impounded
in a facility or other structure agreeable to the owner.
[Amended 1-28-80 by Ord. No. 80-209; 12-10-90 by Ord. No. 90-67; 5-13-96 by Ord. No. 96-10]
The Animal Control Officer or any police officer or, in their
absence and in case of an emergency which will not permit delay, any
person may kill any of the following animals:
[Amended 12-10-90 by Ord. No. 90-67; 7-12-99 by Ord. No. 99-31; 11-28-16 by Ord. 16-23]
I.
General notice.
If any animal impounded or seized wears a registration tag or
a collar or harness having inscribed on or attached to it the name
and address of any person or the owner of the animal, The Animal Control
Officer shall immediately serve notice on the person whose address
is given on the collar or on the person owning the animal, stating
that the animal has been seized and may be disposed of or destroyed
if not claimed within seven (7) 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 mail 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.
[Added 7-12-99 by Ord. No. 99-31; 11-28-16 by Ord. 16-23]
II.
Notice of impoundment; notice of hearing; return of statement by
owner; destruction of dog.
[Added 7-12-99 by Ord. No. 99-31; 11-28-16 by Ord. 16-23]
A.
The
Animal Control Officer shall notify the municipal court and the Director
of Public Safety and/or Chief of Police officer immediately that he/she
has seized and impounded a dog, or that he has reasonable cause to
believe that a dog has killed another domestic animal and that a hearing
is required. The Animal Control Officer shall through a reasonable
effort attempt to determine the identity of the owner of any dog seized
and impounded. If its owner cannot be identified within seven days
that dog may be humanely destroyed.
B.
The
Animal Control Officer shall, within three working days of the determination
of the identity of the owner of a dog seized and impounded, notify
by certified mail, return receipt requested, the owner concerning
the seizure and impoundment, and that, if the owner wishes, a hearing
will be held to determine whether the impounded dog is vicious or
potentially dangerous. This notice shall also require that the owner
return within seven days, by certified mail or hand delivery, a signed
statement indicating whether he wishes the hearing to be conducted
or, if not, to relinquish ownership of the dog, in which case the
dog may be humanely destroyed. If the owner cannot be notified by
certified mail, return receipt requested, or refuses to sign for the
certified letter, or does not reply to the certified letter with a
signed statement within seven days of receipt, the dog may be humanely
destroyed.
[Amended 2-11-74 by Ord. No. 74-39-D; 12-10-90 by Ord. No. 90-67; 11-28-16 by Ord. 16-23]
Any impounded animal may be placed in a foster home, transferred
to another shelter, pound, kennel operating as a shelter or pound,
or animal rescue organization facility, or euthanized in a manner
causing as little pain as possible under any of the following contingencies:
A.
When any animal seized has not been claimed by any person within
seven (7) days after notice or within seven (7) days of the animal's
seizure when notice cannot be given, as set forth in the previous
section.
B.
If the person owning the animal seized has not paid all expenses
incurred by reason of its seizure, including a maintenance charge
not to exceed four dollars ($4.) per day.
[Amended 1-24-77 by Ord. No. 77-1-VV; 12-10-90 by Ord. No. 90-67]
C.
If the seized dog or cat is unlicensed at the time of its seizure
and the person owning, keeping or harboring such dog or cat has not
procured a license and registration tag as required by this chapter.
[Added 4-11-77 by Ord. No. 77-39-G; amended 4-10-78 by Ord. No. 78-8; 1-28-80 by Ord. No. 80-209; 12-10-90 by Ord. No. 90-67; 2-22-16
by Ord. 16-04; 5-8-2023 by Ord. No. 23-12]
Any person whose animal shall be picked up by the Animal Control
Officer or a police officer shall be required to pay all expenses
incurred by the Township by reason of its detention. In addition to
the expenses incurred by the Township, the owner or person charged
with the care of the animal shall be required to pay the full maintenance
charge imposed by the holding facility for each full or partial day
held, not to exceed $4 per day or the limit set forth in N.J.S.A.
4:19-15.16. The expenses of impoundment shall be paid to the Clerk's
Office of the Township of East Brunswick, and a receipt shall be delivered
to the person paying such charges, which receipt shall be the authority.
[Amended 1-28-80 by Ord. No. 80-209; 11-28-16 by Ord. 16-23]
When any dog or cat attacks or bites a human being, the Director
of Public Safety and/or Chief of Police or his representative may
order the owner of the dog or cat to confine it, either on the owner's
premises or any other reasonable location which the Director of Public
Safety and/or Chief of Police designates, for a period of at least
ten (10) days. The expenses of confining the dog or cat shall be borne
by the owner.
[Amended 1-28-80 by Ord. No. 80-209; 11-28-16 by Ord. 16-23]
The Director of Public Safety and/or Chief of Police or his representative shall have the right to examine any dog or cat confined under the provisions of § 83-23 at any reasonable time, including daily examinations, for a period of ten (10) days after the dog or cat has attacked or bitten any person, to ascertain whether the animal shows symptoms of rabies.
[Amended 1-28-80 by Ord. No. 80-209; 11-28-16 by Ord. 16-23]
Regardless of whether or not the period of time from which the owner was directed to confine the dog or cat has expired or not, no dog or cat confined under the provisions of § 83-23 shall be released from quarantine until the Director of Public Safety and/or Chief of Police issues a certificate of release. The certificate shall only be issued after either the person designated by the Director of Public Safety and/or Chief of Police or representative to examine the dog or cat or a licensed veterinarian has certified in writing that the animal appears to be healthy and free from rabies.
[Amended 1-28-80 by Ord. No. 80-209; 11-28-16 by Ord. 16-23]
Whenever the Director of Public Safety and/or Chief of Police
or his representative is notified by the State Department of Health
or determines himself that there is danger of an epidemic of rabies
in the Township of East Brunswick, he shall order all persons owning
or having custody of dogs or cats in the township to keep their dogs
and cats confined to their own premises. Notice that an order has
been issued may be either written or oral and may be served personally,
by mail, by publication in a newspaper circulating in the township,
by conspicuously posting it in public places or by any other method
calculated to actually reach the persons affected.
[Amended 1-28-80 by Ord. No. 80-209; 11-28-16 by Ord. 16-23]
The Director of Public Safety and/or Chief of Police and the
Animal Control Officer shall have the primary duty of enforcing this
chapter.
Any officer authorized or empowered to perform any duty under
this chapter may go upon any premises to seize for impounding any
dog or dogs which he may lawfully seize and impound when he is in
immediate pursuit of such a dog or dogs, except that he shall not
go upon the premises of the owner of the dog if the owner is present
and forbids it.
No person shall interfere with anyone authorized or empowered
to perform any duty under this chapter.
[Added 11-26-73 by Ord. No. 73-39-C; amended 8-26-74 by Ord. No. 74-192]
No person owning, harboring, keeping or in charge of any dog
shall cause, suffer or allow such dog to soil, defile, defecate on
or commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypath, play area, park, school ground or any space where the public
congregate or walk or upon any public property or place whatsoever
or upon any private property without the permission of the owner of
said property. This restriction in this section shall not apply to
that portion of the street lying between the curblines, which shall
be used to curb such dog under the following conditions:
A.
The person who so curbs such dog shall immediately remove all feces
deposited by such dog by any sanitary method approved by the Department
of Health.
B.
The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring, keeping or in charge
of any dog curbed in accordance with the provisions of this section
in a sanitary method approved by the Department of Health.
C.
The provisions of this section shall not apply to blind persons who
may use dogs as guides.
[Amended 4-25-16 by Ord. 16-08]
Any person, firm or corporation conducting, managing or operating
any dog kennel or pet shop engaged in the business of boarding or
housing dogs, within the limits of the Township of East Brunswick,
shall pay for the privilege of maintaining, conducting or operating
such kennel a license fee as established by N.J.R.S. 4:19-15.9 pursuant
to which the annual license fee for a kennel providing accommodations
for ten or less dogs shall be ten dollars ($10.00) and for more than
ten dogs twenty-five dollars ($25.00). The annual license fee for
a pet shop shall be ten dollars ($10.00), unless N.J.S.A. 4:19-15.9
is amended to provide for another amount or fee shall be charged for
a shelter rescue organization or pound. This license tax shall be
in lieu of individual license taxes for such dogs.
[Added 4-25-16 by Ord. 16-08]
[Added 11-28-16 by Ord. 16-23]
Shall annually be licensed and the fee is $50.00.
[Added 1-28-80 by Ord. No. 80-209]
It shall be permissible for the Animal Control Officer to respond
to requests for his/her services when notified through the Department
of Public Safety that a request has been received. The agency requesting
the assistance shall, at the conclusion of the assignment, be billed
by the Department of Public Safety for an administrative fee of fifty
dollars ($50) plus the hourly rate of the Animal Control Officer and
shall include premium pay charges for request of services during non-standard
working hours.
[Added 12-10-91 by Ord. No. 90-67; amended 9-14-2020 by Ord. No. 20-16]
Any person violating any of the provisions of this article shall,
upon conviction thereof, be liable for a fine not to exceed $2,000
or imprisonment in the County Jail for a term not exceeding 90 days
or both, unless otherwise specified below:
|
Code Section
|
Offense
|
Fine
|
Court Appearance
|
|---|---|---|---|
|
83-14C
Disturbing the peace (barking)
|
First offense in prior 12 months
|
$56
|
No
|
|
Additional offenses within 12 months of preceding offense
|
Not to exceed $2,000
|
Yes
| |
|
83-14D
Dog running at large
|
First offense in prior 12 months
|
$81
|
No
|
|
Additional offenses within 12 months of preceding offense
|
Not to exceed $2,000
|
Yes
| |
|
83-14E
Leashing of dogs
|
First offense in prior 12 months
|
$60
|
No
|
|
Additional offenses within 12 months of preceding offense
|
Not to exceed $2,000
|
Yes
| |
|
83-14G
Curbing of dog
|
First offense in prior 12 months
|
$60
|
No
|
|
Additional offenses within 12 months of preceding offense
|
Not to exceed $2,000
|
Yes
| |
|
83-14I
Restrictions on leaving animals in vehicles
|
First offense in prior 12 months
|
Minimum $250
Not to exceed $500
|
Yes
|
|
Additional offenses within 12 months of preceding offense
|
Not to exceed $2,000
|
Yes
| |
|
83-14J
No unmonitored dog tethered to vacant structure
|
First offense in prior 12 months
|
$60
|
No
|
|
Additional offenses within 12 months of preceding offense
|
Not to exceed $2,000
|
Yes
| |
|
83-16
Vicious dog
|
Each offense
|
Not to exceed $2,000
|
Yes
|
|
83-30
Owner responsible for curbing dogs
|
First offense in prior 12 months
|
$60
|
No
|
|
Additional offenses within 12 months of preceding offense
|
Not to exceed $2,000
|
Yes
|
