Township of West Deptford, NJ Dogs and Other Animals

There shall be a fee to license and obtain a registration tag for each dog within the Township. The fees are set forth in Chapter 11.

[Amended 9-20-1979 by Ord. No. 79-21; 3-10-2011 by Ord. No. 2011-01; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(Reserved)[1]

Editor's Note: Former Subsection C(2), regarding replacement tags, as amended 3-10-2011 by Ord. No. 2011-01, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(3)

Licenses and registration tags issued pursuant to this article shall expire on the last day of January in each year.

(4)

Dogs used as guides dogs or service dogs (as defined in N.J.S.A. 10:5-5) shall be licensed and registered as other dogs as hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor. A dog temporarily placed in a foster home as part of a formalized training to be a guide dog or service dog shall not be required to be licensed and registered while the dog remains in the foster home for such training. Dogs licensed pursuant to § 82-7 are totally exempt from the provisions of this section.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Prerequisite: antirabies inoculation. No person in the Township of West Deptford shall own, possess, harbor or have in custody any dog over seven months of age unless such dog has been vaccinated or inoculated against rabies by a licensed veterinarian. Such vaccination or inoculation shall consist of an antirabies vaccine of standard and accepted quality and formula, the duration of which shall be noted on the vaccination certificate or tag. No license or registration tag shall be issued unless proof of rabies vaccination or inoculation has been presented to the Township Clerk.

[Added 9-20-1979 by Ord. No. 79-21]

§ 82-4 Newly acquired dogs.

The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for license and registration tag for such dog within 10 days after such acquisition or age attainment.

§ 82-5 Dogs brought into Township.

Licensed. Any person who shall bring or cause to be brought into the Township of West Deptford, in the County of Gloucester, any dog licensed in another state for the current 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, unless such dog be licensed under § 82-7.

Unlicensed. 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, unless such dog be licensed under § 82-7.

§ 82-6 Removal of tags.

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 was not issued.

§ 82-7 Kennel licenses and regulations.

License required. 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 of the Township or other local official designated to license dogs in the municipality for a license entitling him to keep or operate such establishment.

Application requirements. The application shall describe the premises where the establishment is located or is proposed to be located and the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the Health Officer of the Board of Health of the Township, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.

License information; expiration; revocation. 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 Committee on recommendations 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 the Board of Health of the Township governing the same, after the owner has been afforded a hearing by either the State Department or the Board of Health of the Township.

Other license; transferability. 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 licenses shall not be transferable to another owner or different premises.

§ 82-8 License fees for kennels.

[Amended 3-10-2011 by Ord. No. 2011-01]

The annual fee for a kennel providing accommodations for 10 or less dogs, and for more than 10 dogs, shall be as set forth in Chapter 11. The annual license fee for a pet shop shall be as set forth in Chapter 11. No fee shall be charged for a shelter or pound.

§ 82-9 Filing list of kennels and pet shops.

The Clerk of the Township or other local official designated to license dogs in the municipality shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued, which list shall include the name and address of the licensee and kind of license issued.

§ 82-10 Dogs off kennel or pet shop premises.

No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises except on leash or in a crate or other safe control.

§ 82-11 Animal Control Officer.

The Township Committee shall have the power to employ Animal Control Officers, whose duty it shall be to enforce the provisions of this article.

§ 82-12 (Reserved) [1]

Editor's Note: Former § 82-12, Annual canvass of dogs, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 82-13 (Reserved) [1]

Editor's Note: Former § 82-13, Impounding of dogs; redemption or other disposition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 82-14 Regulation of dogs, cats and other animals.

Habitual barking or crying. No person shall keep, harbor or maintain any dog which habitually barks or cries between the hours of 10:00 p.m. and 6:00 a.m.

Animals running at large: prohibition. No person owning, keeping or harboring any dog, cat or other animal shall suffer or permit it to run at large upon the public streets or upon private property without the permission of the owner of such property.

[Amended 9-20-1979 by Ord. No. 79-21]

Leash required on streets. No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the Township of West Deptford unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six feet long.

Curbing of dogs. 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 Township sidewalk, play area, park or any place where people congregate or walk upon any public property whatsoever or upon any private property without the permission of the owner of said property. Any person owning, harboring, keeping or in charge of any such dog shall immediately remove all feces deposited by such dog. Sanitary methods for removing all feces are mechanical devices such as pooch-scoops, small shovels, etc. All feces removed by the person owning, harboring, keeping or in charge of any such dog shall dispose of all feces in a sanitary manner such as a sealed, nonabsorbent, leakproof container or by any sanitary method approved by the local Board of Health. The provisions of this subsection shall not apply to Seeing Eye dogs.

[Added 9-20-1979 by Ord. No. 79-21]

Female dogs and cats in season. No person owning or having charge, care, custody or control of any female dog or cat in season shall permit such dog or cat to run loose, whether on private or public property. Any such dog or cat in season shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding.

[Added 9-20-1979 by Ord. No. 79-21]

Injury to private property. No person owning, keeping or harboring a dog or any other animal shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property, other than the property of such owner.

[Amended 9-20-1979 by Ord. No. 79-21]

§ 82-15 Vicious dogs.

Regulation. Any dog determined to be vicious in accordance with the definition contained in § 82-1 shall be subject to the regulations hereinafter provided.

Enforcement official duties. The Animal Control Officers employed by the Township are hereby made the enforcement official of this section, and it shall be their duty to receive and investigate complaints made against any dog within the Township. When probable cause exists that any dog so investigated is a vicious dog as defined under the provisions of this article, said enforcement official shall cause a complaint and summons to be issued against the owner of said dog.

Enforcement procedures.

The complaint issued by the enforcement officer under this provision shall state a time when a hearing will be held before the Municipal Court Judge of West Deptford Township to determine whether the dog in question is or is not a vicious dog.

The Municipal Court Judge, at the time set for such a hearing, shall inquire into the facts and give all interested persons an opportunity to be heard under oath and be represented by counsel, and the Municipal Court Judge shall decide in accordance with the evidence before him whether the dog in question is a vicious dog as defined by the provisions of this article.

(3)

If the dog in question is determined to be a vicious dog according to the provisions of this section, the Municipal Court Judge of the Township shall cause an order to be issued and served upon the owner of said dog.

Court orders: provisions, destruction of vicious dogs. The court order issued pursuant to this section may provide for any of the following remedies which the Municipal Court Judge, at his discretion, shall determine is the best procedure to follow to ensure the continued health, safety and welfare of the inhabitants of the Township:

The vicious dog, subject to a complaint issued pursuant to this section, shall not be allowed by its owner to run at large upon any private or public street or in any private or public place within the Township except while securely muzzled and under a leash. Any person violating this provision shall be subject to the penalties set forth in Chapter 1, General Provisions, § 1-15.

[Amended 7-2-1981 by Ord. No. 81-17]

The vicious dog, subject to a complaint issued pursuant to this section, shall be taken into custody by the Animal Control Officer of the Township as soon as practical, who shall cause the dog to be destroyed in a manner causing as little pain as possible. The owner of the dog in question shall be subject to the costs necessitated by the administration of this provision.

§ 82-16 Disposition of fees.

License fees and other moneys collected or received under provisions of this article, except registration tag fees, shall be forwarded to the Chief Financial Officer within 30 days after collection or receipt.

The registration tag fees collected pursuant to § 82-3 shall be forwarded within 30 days of collection by the Clerk to the State Department of Health.

§ 82-17 Miscellaneous provisions.

[Added 9-20-1979 by Ord. No. 79-21]

Injured animals. Any person who has injured or killed an animal with a motor vehicle shall stop said vehicle and promptly notify either the police or the owner of the animal.

Disposal of unwanted animals: fee. The owner of any unwanted animal seized or held by the Township pursuant to this article shall pay a disposal service fee equivalent to the then current fee charged by the S.P.C.A.

Knowledge or suspicion of rabies. If a dog, cat or other animal is known or believed to have rabies or has been bitten by a dog or cat or other animal known or suspected of having rabies, the owner of such animals shall have the animal confined for a period specified by the State Department of Health for observation.

§ 82-18 Fines; violations and penalties.

[Added 9-20-1979 by Ord. No. 79-21]

Fines for violation of certain regulations. Owners of animals who are found in violation of any of the subsections of § 82-14, Regulation of dogs, cats and other animals, shall be subject to the imposition of the following fines: first offense, $10; second offense, $20; third and subsequent offense, $50 for each such offense. The Animal Control Officer shall issue notices of violation in ticket form.

[Amended 3-10-2011 by Ord. No. 2011-01; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Other fines and penalties. Any person violating the provisions of this article, other than Subsection A above, shall be subject to the general penalty provisions set forth in Chapter 1, General Provisions § 1-15.

[Amended 7-2-1981 by Ord. No. 81-17]

§ 82-19 (Reserved) [1]

Editor's Note: Former § 82-19, Requirement for disposal, as added 5-4-2006 by Ord. No. 2006-10, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 82-20 (Reserved) [1]

ANIMAL RESCUE ORGANIZATION

Editor's Note: Former § 82-20, Exemptions, as added 5-4-2006 by Ord. No. 2006-10, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 82-21 Enforcement.

[Added 5-4-2006 by Ord. No. 2006-10; amended 12-19-2018 by Ord. No. 2018-17]

The Township Official shall enforce the provisions of this article. Nothing herein shall prohibit a private citizen from bringing or signing a complaint for an alleged violation of this article.

Animal cruelty investigations. Gloucester County Animal Control Officers (GCACO), or other designee, may investigate, and/or require compliance for violations pursuant to N.J.S.A. 4:22. In the event the GCACO, or designee sees, or recognizes a potential violation of law, or the need arises where an investigation is warranted; then the GCACO shall make report said matter to the Municipal Humane Law Enforcement Officer for further action. The GCACO may continue to participate in the investigation as requested or required.

§ 82-22 Severability.

[Added 5-4-2006 by Ord. No. 2006-10]

Each section, subsection, sentence, clause and phrase of this article is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this article to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this article.

§ 82-23 through § 82-25. (Reserved)

Article II Sale of Animals from Pet Shops Restricted

[Adopted 5-18-2016 by Ord. No. 2016-07]

§ 82-26 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ANIMAL CARE FACILITY

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 significant part, the rescue and placement of animals in permanent homes or rescue organizations.

Any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.

CAT

A member of the species of domestic cat, Felis catus.

DOG

A member of the species of domestic dog, Canis familiaris.

OFFER FOR SALE

To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.

PET SHOP

A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.

§ 82-27 Sale of animals.

A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:

An animal care facility;