[Ord. #78-349, S 1; Ord. #86-514, S 1; Ord. #90-700, S 1;
Ord. #99-965, S 2; Ord. #05-1174, S 1; Ord. #07-1256, S 1A]
As used in this chapter:
Shall mean securely restrained by an adequate leash which
is six feet or less in length, harness, or other such restraint.
Shall mean any dog, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
Shall mean any place that washes, clips or trims dogs and
cats but where such animals may or may not be kept overnight.
Shall mean any establishment wherein or whereon the business
of boarding or selling dogs or breeding dogs for sale is carried on,
except a pet shop.
Shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet.
Shall mean an individual, firm, partnership, corporation
or association of persons.
Shall mean any domesticated animal, including, but not limited
to, dogs and cats, kept for personal appreciation and companionship.
Shall mean any place of business which is not part of a kennel,
wherein animals, including but not limited to, dogs, cats, birds,
fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed
chiefly for the purpose of sale to individuals for personal appreciation
and companionship rather than for business or research purposes.
Shall mean an establishment for the confinement of dogs or
other animals seized either under the provisions of this chapter or
otherwise.
Shall mean placement of pet feces or droppings in a designated
waste receptacle, or other suitable container, and discarded in a
refuse container which is regularly emptied by the Township or some
other refuse collector, or disposal into a system designed to convey
domestic sewage for proper treatment and disposal.
Shall mean an individual who is capable of physically restraining
and of directing the behavior of the animal to be controlled.
Shall mean any establishment where dogs or other animals
are received, housed and distributed.
Shall mean the Township of Montgomery in the County of Somerset.
Shall mean any dog or dog hybrid declared vicious or potentially
dangerous in accordance with the provisions of Chapter 307 of the
Laws of New Jersey 1989.
[Ord. #78-349, S 2; Ord. #99-965, S 1]
a.
Any person residing in the Township who shall own, keep or harbor
a dog of licensing age shall, in the month of January, apply for and
procure from the Office of the Township Clerk a license and official
metal registration tag for each such dog so owned, kept or harbored,
and shall place upon each such dog a collar or harness with the registration
tag securely fastened thereto. In the event such dog shall be newly
acquired, or in the event that after acquisition a dog shall attain
licensing age or develop a permanent set of teeth, the initial application
for license and registration tag shall be made within 10 days after
such acquisition, age attainment or development of teeth, as the case
may be.
b.
Any person who shall bring or cause to be brought into the Township
any dog licensed in another State for the current year, and 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 unless such dog be licensed under a kennel, pet shop, shelter
or pound license issued in accordance with law.
c.
Any person who shall bring or cause to be brought into the Township
from another State 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 unless such dog be licensed under a kennel, pet
shop, shelter or pound license issued according to law.
[Ord. #78-349, S 3; Ord. #99-965, S 1]
No license or official metal registration tag shall be issued
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 the 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 regulation 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.
[Ord. #78-349, S 4; Ord. #79-371, S 1; Ord. #81-417, S 1;
Ord. #83-456, S 1; Ord. #86-522, S 1; Ord. #90-700, S 2; Ord. #99-965,
S 1; Ord. #07-1256, S 1B; Ord. #07-1263, S 1; Ord. #10-1360; Ord.
#12-1421]
a.
The persons applying for the license and registration tag shall pay
a fee of $18.80 for the license and the sum of $1 for the registration
for each dog. License and registration tags and subsequent renewals
shall expire on January 31 in each year unless extended by resolution
of the Township Committee. If application shall not be made within
the time specified by this section, there shall be a one-time late
fee of $25.
[Amended 12-21-2023 by Ord. No. 23-1714]
b.
Only one license and registration tag shall be required in any licensing
year for any dog owned in New Jersey. Such license and tag shall be
accepted by the Township of Montgomery as compliance with this section.
c.
The delinquent fee referred to above shall not apply to dogs which
have been acquired by the owner after February 1; however, the owner
must present sufficient proof to establish that the dog was acquired
after February 1.
d.
Disability assistance dogs, including "seeing-eye" dogs, guide dogs,
signal dogs, or other dogs individually trained to provide services
to a person with a disability, shall be licensed and registered as
other dogs; except that the owner or keeper of such dog shall not
be required to pay the license fee.
e.
License forms and uniform metal registration tags designed by the
State Department of Health shall be furnished by the Township and
shall be numbered serially and shall bear the year of issuance and
the name of the Township.
f.
In addition to the license fee referred to in paragraph a above,
an additional fee of $3 shall be paid by any person applying for the
license with respect to any dog of reproductive age which has not
had its reproductive capacity permanently altered through sterilization.
Any person claiming to be exempt from such fee shall provide a copy
of a veterinarian's certification of neutering. Such fee shall be
collected, where applicable, with respect to licenses applied for
on and after August 2, 1983.
g.
In addition to the license fee referred to in paragraph a and f above,
a surcharge of $0.20 shall be paid by any person applying for a license
on or after August 2, 1983.
h.
Fees collected pursuant to paragraphs f and g above shall be forwarded
to the State Treasurer in accordance with law.
i.
The licensing and registration of potentially dangerous dogs shall
be in accordance with the provisions of Chapter 307 of the Laws of
New Jersey 1989.
[Ord. #78-349, S 5; Ord. #99-965, S 1]
No person except an officer 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 has not been issued.
[Ord. #78-349, S 7; Ord. #99-965, S 1]
The application shall state the breed, sex, age, color and markings
of the dog for which the license and registration are sought; whether
such dog is of a long-haired or short-haired variety; and the name,
street and post office address of the owner and the person who shall
keep or harbor such dog. The information on the application and registration
number issued for the dog shall be preserved for three years by the
Township Clerk. In addition, the Clerk shall forward similar information
to the State Department of Health each month, on forms furnished by
the Department. Registration numbers shall be issued in the order
of applications.
[Ord. #78-349, S 9; Ord. #99-965, S 1; Ord. #07-1256, S 1D]
a.
No person owning, keeping or harboring any dog shall permit such
dog to run at large on the following areas:
1.
Any private property without the consent of the owner of such property.
2.
Public streets or any public property or any public park or recreation
area unless accompanied by and under the control of a responsible
person in accordance with regulations promulgated by the public authority
having jurisdiction thereof.
3.
Any quasi-public property to which the public at large is invited.
4.
This section shall not apply to any dog while engaged in hunting
or training for hunting, herding, tracking, agility, obedience or
field trials except that any such dog shall be in the immediate control,
custody and management of its owner or custodian.
b.
No person owning, or having charge, care, custody or control of any
female dog in season shall permit such dog to run loose whether on
public or private property. Any such dog in season shall be confined
in a building or securing enclosure in such manner that such female
dog cannot come into contact with another animal except for planned
breeding.
[Ord. #78-349, S 9; Ord. #90-700, S 3; Ord. #99-965, S 1]
The keeping of vicious and potentially dangerous dogs within
the limits of the Township shall be in accordance with the provisions
of Chapter 307 of the Laws of New Jersey 1989.
[Ord. #78-349, S 9; Ord. #99-965, S 1; Ord. #08-1285, S 1]
No owner of a dog or person responsible for the sheltering or
harboring of a dog shall allow such dog to cause a nuisance by excessive,
loud, or continuous howling, crying, or barking to the annoyance and
discomfort of surrounding neighbors such that their rest is broken
and their sleep interrupted, and/or the reasonable use and enjoyment
of their property is disturbed.
[Ord. #78-349, S 9; Ord. #99-965, S 1]
The quarters or area where any dog is kept shall be maintained
by the person owning or having custody or control over such dog or
dogs in a clean and sanitary condition at all times such as not to
create a health hazard or odors.
[Ord. #78-349, S 10; Ord. #99-965, S 1]
Any dog that is believed to have rabies or has been bitten by
a dog or other animal suspected of having rabies, such dog shall be
confined by a leash or a chain on the owner's premises and shall be
placed under the observation of a veterinarian at the expense of the
owner for a period of two weeks. The owner shall notify the dog warden
of the fact that his dog has been exposed to rabies. The dog warden
at his discretion is empowered to have such dog removed from the owner's
premises to a veterinary hospital and there placed under observation
for a period of two weeks at the expense of the owner. It shall be
unlawful for any person who owns or has custody or control over any
dog when it is known by that person or should be known to that person
that the dog may be exposed to rabies, to allow such dog to be taken
off his premises or beyond the limits of the Township without the
permission of the dog warden. Every owner or other person, upon ascertaining
a dog is rabid shall immediately notify the dog warden or a policeman
who shall either remove the dog to the pound or summarily destroy
it.
[Ord. #78-349, S 11; Ord. #99-965, S 1]
The Township Committee shall appoint a dog canvasser or dog
canvassers, annually, to cause a canvass to be made of all dogs owned,
kept and harbored within the limits of the Township and they shall
report, on or before September 1 to the Township Committee the results
thereof, setting forth in separate columns the names and addresses
of persons owning, keeping or harboring unlicensed dogs, and the number
of unlicensed dogs owned, kept or harbored by each of said persons,
together with a complete description of each of said unlicensed dogs.
[Ord. #78-349, S 12; Ord. #78-371, S 2; Ord. #93-770, S 1;
Ord. #99-965, S 1; Ord. #07-1256, S 1E; Ord. #08-1272, S 1; Ord. #12-1421]
a.
The Chief of Police or the dog warden or any person authorized by
either of them in that behalf is empowered and authorized to take
into custody any dog observed by him which is:
b.
If any dog so taken into custody wears a collar or harness having
inscribed thereon or attached thereto the name and address of any
person or a registration tag, or if the owner or the person keeping
or harboring such dog is known, the Chief of Police or dog warden
or any person authorized by either of them to act in that behalf,
shall forthwith notify the person whose address is given on the collar
or harness or if known, the owner or person keeping or harboring such
dog, that the dog has been taken into custody and will be liable to
be disposed of or destroyed if not claimed within one week of the
giving of such notice. Notice under this subsection may be served
either by delivering it to the person to 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.
c.
When any dog so seized has been detained for seven days after notice,
when notice can be given as set forth above, or has been detained
for seven days after being taken into custody, when no notice can
be given as above set forth, 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 as hereinafter specified, and
if the dog was unlicensed at the time it was taken into custody the
owner or person keeping or harboring the dog has not produced a license
or registration tag for the dog, the dog warden or any person authorized
by him in that behalf may cause the dog to be adopted or destroyed
in a humane manner. No dog so impounded shall be sold, given, released
or turned over to any agency, organization or corporation whether
governmental or private for experimental or other like purposes.
d.
In the event that an impounded dog has no registration tag affixed
to it, the dog warden or other authorized person shall determine whether
an identification number has been tattooed on an inner hind leg of
the animal, or whether the animal can be identified by other prevalent
identification methodologies. If such number is found or the animal
can be so identified, the dog warden or other authorized person shall
telephone the National Dog Registry and communicate the number or
identification to the Registry. The dog warden shall cooperate with
the National Dog Registry to the end that the owner is located. No
dog shall be destroyed unless 14 days elapse, without location of
the owner, after notification to the National Dog Registry.
e.
The following charges shall be paid to the Township as expenses incurred
by reason of detention in accordance with the provisions of this section,
or, when applied to cats, the provisions of Chapter BH:11A:
1.
For impounding any dog or animal, $45.
2.
Maintenance per day, $20.
3.
Giving notice, $1.
4.
Surrender or destruction of dog or animal, $45.
5.
Adoption of animal, $75. Provided, however, that this charge may
be waived in full or part at the discretion of the Health Officer/Director
of Animal Control to prevent euthanasia of a healthy, adoptable animal.
[Ord. #78-349, S 13; Ord. #99-965, S 1]
Any officer or agent authorized or empowered to seize a dog
hereunder is hereby authorized and empowered to go upon any premises
to take into custody any dog which he may lawfully seize when he is
in immediate pursuit of such dog, except upon the premises of the
owner of the dog if the owner is present and forbids the same.
[Ord. #78-349, S 14; Ord. #99-965, S 1]
No person shall hinder, molest or interfere with anyone in performance
of his duties under this chapter.
[1]
Editor's Note: Former subsection 5-3.10, Curbing of Dogs,
previously codified herein and containing portions of Ordinance Nos.
89-620 and 99-965 was repealed in its entirety by Ordinance No. 05-1174.
[Ord. #78-349, S 14; Ord. #99-965, S 1; Ord.
No. 08-1272, S 1]
Any person who shall violate the provisions of subsection 5-1.2
shall be liable to a penalty of not less than $25 nor more than $100
for the first offense, and not less than $50 nor more than $200 for
each subsequent offense, to be recovered in the manner provided by
revised statutes, Section 4:19-15.19, et seq. Any person who shall
violate any other provision of this chapter shall be liable to a fine
of not more than $200 for the first offense, and not more than $500
for each subsequent offense, or to imprisonment for a term not exceeding
30 days, or both. Each day in which such violation continues shall
be deemed to constitute a separate offense.
[Ord. #99-965, S 3; Ord. #07-1256, S 1F]
a.
No person shall operate or maintain a kennel, pet shop, pound, shelter
or grooming establishment without first obtaining:
b.
The application to the Township Clerk for a kennel, pet shop, pound,
shelter or grooming establishment permit shall include the following:
1.
Description of the premises where the establishment is located or
is proposed to be located;
2.
Statement of the establishment's purpose or purposes for which it
is to be maintained; and
3.
Written approval of the Board of Health of the Township showing compliance
with local and State rules and regulations governing the location
and sanitation of such establishments.
c.
All permits issued for kennel, pet shop, pound, shelter or grooming
establishment shall state the purpose for which the establishment
is maintained and all such permits shall expire on the last day of
June of each year.
d.
All permits are subject to revocation by the Township Committee upon
recommendation of the New Jersey Department of Health and Senior Services
or the Board of Health of the Township for failure to comply with
the rules and regulations of the New Jersey Department of Health and
Senior Services or of the Board of Health of the Township governing
the same, or with the provisions of this chapter, after the owner
of the kennel, pet shop, pound, shelter or grooming establishment
has been afforded a hearing by either the New Jersey Department of
Health and Senior Services or the Board of Health of the Township.
[Ord. #99-965, S 3; Ord. #07-1256, S 1G; Ord. #08-1285, S
1]
No person shall operate or maintain a kennel, pet shop, pound,
shelter or grooming establishment except in accordance with the following
standards and according to the following rules and regulations:
a.
No person shall locate, operate or maintain a kennel, pet shop, pound,
shelter or grooming establishment so as to cause considerable noise
to the annoyance and discomfort of surrounding neighbors such that
their rest is broken and their sleep interrupted, and/or the reasonable
use and enjoyment of their property is disturbed. All kennels, pet
shops, pounds, shelters and grooming establishments shall be equipped
with sound proofing sufficient to meet this requirement.
b.
At no time should any part of a residence be used as a kennel. Kennels
in existence before July 1, 1999, shall not be subject to this restriction.
c.
Buildings used for kennels, pet shops, pounds, shelters and grooming establishments shall comply in all respects with the Building and Zoning Codes of the Township of Montgomery. Nothing contained herein obviates the need for anyone seeking to establish a kennel, pet shop, pound, shelter and/or grooming establishment from obtaining any applicable development approvals that are required by Chapter 16 of this Code.
d.
Facilities for the humane destruction of dogs or other animals and
the disposal of carcasses shall be approved by the Board of Health.
e.
The location, construction, arrangement, and operation of a kennel,
pet shop, pound, shelter or grooming establishment shall comply with
the requirements of N.J.A.C. 8:23A-1.3 and N.J.A.C. 8:23A-1.8, as
may be amended and supplemented.
[Ord. #99-965, S 3; amended 12-21-2023 by Ord. No. 23-1714]
An application for a permit to maintain a kennel, pet shop,
pound, shelter or grooming establishment shall be completed and submitted
to the Clerk of Montgomery Township by each person operating or maintaining
such a facility. The application fee shall be as follows:
The annual license fee for a kennel providing accommodations
for 10 or fewer dogs shall be $50 and for more than 10 dogs $75. The
annual license fee for a pet shop or grooming establishment shall
be $50. No fee shall be charged for a shelter or pound.
[Ord. #99-965, S 3]
The Township Clerk is hereby designated as the official who
shall forward to the State Department of Health a list of permitted
kennels, pet shops, pounds, shelters, and grooming establishments
within 30 days after the permits are issued, which list shall include
the name and address of the permittee and the kind of permit issued.
[Ord. #99-968, S 1]
No rodeo or rodeo related event shall be permitted in which
animals are induced or encouraged to perform through the use of any
practice or technique, or any chemical, mechanical, electrical or
manual device that will cause, or is likely to cause physical injury,
torment or suffering:
a.
The use of electric or battery-operated livestock prods is prohibited,
except for chute stalling. No other electrical devices may be used.
Prods such as pointed sticks are prohibited at all times.
b.
Sharpened spurs or rowels are specifically prohibited at all events.
Dull spurs with blunt rowels are permitted. Rowels must be loose so
that they freely roll over the animal's hide.
[Ord. #99-968, S 1]
Certified Animal Control Officers shall be provided access to
all areas of the rodeo where animals have been present, will be present,
or are then present for the purpose of enforcing compliance with Township
ordinances enacted for the protection, control and handling of animals.
[Ord. #99-968, S 1]
a.
No later than 14 days before a rodeo, the rodeo sponsor/organizer
shall notify the New Jersey Society for the Prevention of Cruelty
to Animals so that an officer of the New Jersey Society for the Prevention
of Cruelty to Animals may attend and monitor the rodeo.
[Ord. #99-968, S 1]
a.
No sore, lame, sick or injured animal, or animal with defective eyesight,
shall be permitted in the draw at any time. If an animal is discovered
to be sore, lame, sick or injured after the draw, the animal will
be immediately removed from competition.
b.
A conveyance of a type on which injured animals may be easily placed
without causing additional injury must be made available at all rodeos
to remove animals from the arena in case of injury.
c.
A pen, corral, or truck bed shall be available to receive injured
animals removed from the arena. Adequate bedding material shall be
on hand and the injured enclosure shall be bedded should its use be
required.
[Ord. #99-968, S 1]
All rodeo sponsors/organizers applying for an outdoor assembly permit (as required by section 4-2 of this Code) must include a copy of the current rules and regulations of the association sanctioning the rodeo as part of its permit application materials.
[Ord. #05-1174, S 1]
a.
No owner or keeper of any pet shall cause, suffer, permit, allow such pet to soil, defile, defecate on or create any nuisance upon any common thoroughfare, street, sidewalk, passageway, road bypass, play area, park or any other place where people congregate or walk upon any public property whatsoever, or upon any private property without the permission of the owner of the private property. If any owner or keeper of a pet shall permit the pet to soil, defile, defecate on or commit any such nuisance as aforesaid, he or she shall immediately remove the pet's feces and droppings, which removal shall thereafter be subject to proper disposal as defined hereinabove in Section 5-1.
b.
Any
owner or keeper who requires the use of a disability assistance animal
shall be exempt from the provisions of this section while such animal
is being used for that purpose.
[Added 5-20-2021 by Ord. No. 21-1659]
a.
Minimum
lot size. A minimum lot size of 1/2 acre is required to keep chickens
pursuant to this section.
b.
Number
of allowable chickens. No more than six chickens may be kept on any
parcel that meets the minimum lot size. For each additional 1/2 acre,
two additional chickens may be kept.
c.
Roosters
and cockerels. Mature roosters are prohibited. Any cockerel (defined
as a young male chicken) must be culled or permanently removed from
the property within five days.
d.
Slaughtering.
Slaughtering chickens in public view is prohibited.
e.
Required
shelters. Chickens shall be provided, and shall remain within, a fully
enclosed shelter (e.g., coop that is located within or attached to
a fully enclosed pen) to provide access to outdoor space and protection
from predators.
1.
Shelters, including enclosures, shall be located in the rear yard.
2.
Shelters, including enclosures, shall be located at least 25 feet
from any property line and at least 50 feet from any residential structure
on an adjoining property.
3.
Shelters shall not exceed 150 square feet in size.
4.
No shelter or enclosure may be utilized without first having received
a zoning permit and any other state or local permit that may be required.
5.
The use of enclosed mobile chicken tractors is permitted as a supplement
to, but not a replacement for, a fully enclosed shelter. Chicken tractors
must remain within the boundaries defined herein, and may not be used
as overnight shelters.
f.
Waste
storage. Storage of manure, excreta, other waste odor or dust-producing
substances associated therewith shall be located at least 25 feet
from any lot line and at least 50 feet from any residential structure
on an adjoining property and shall be properly composted per health
code or USDA guidelines or kept in a watertight container until it
can be disposed of in a proper fashion off-site.
g.
Feed
storage. Animal feed stored outdoors shall be kept in tightly sealed
containers.
h.
No
running at large. No person owning, keeping, maintaining or harboring
a chicken shall permit, suffer or allow a chicken to run at large
upon any public streets or upon any private property except upon premises
where permission has been given by the owner.
i.
No
disturbing the peace. No person owning, keeping, maintaining or harboring
a chicken shall permit, suffer or allow a chicken to cause a nuisance
by excessive, loud, or continuous noise to the annoyance and discomfort
of surrounding neighbors such that their rest is broken and their
sleep interrupted, and/or the reasonable use and enjoyment of their
property is disturbed.
