[HISTORY: Adopted by the Township Committee of the Township
of West Deptford as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-18-1970 as
Chapter XVII of the General Ordinances]
[Amended 5-4-2006 by Ord.
No. 2006-10]
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Any dog, male or female, altered or unaltered.
[Amended 9-20-1979 by Ord. No. 79.21]
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
That the pet solid waste is removed at once, without delay.
[Added 5-4-2006 by Ord.
No. 2006-10]
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
Any rope, chain, strap or other restraining device.
[Added 9-20-1979 by Ord.
No. 79-21]
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.
[Added 5-4-2006 by Ord.
No. 2006-10]
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
[Added 5-4-2006 by Ord.
No. 2006-10]
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
[Added 5-4-2006 by Ord.
No. 2006-10]
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
Waste matter expelled from the bowels of the pet; excrement.
[Added 5-4-2006 by Ord.
No. 2006-10]
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Placement in a designated waste receptacle, or other suitable
container, and discarded in a refuse container which is regularly
emptied by the municipality or some other refuse collector; or disposal
into a system designed to convey domestic sewage for proper treatment
and disposal.
[Added 5-4-2006 by Ord.
No. 2006-10]
Any establishment where dogs are received, housed and distributed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any Township Code Enforcement Official, Township Police Department
Officer, Gloucester County Animal Control Officer, the Municipal or
Deputy Clerk, or any other official or person assigned or designated
by Mayor and Council.
[Added 12-19-2018 by Ord.
No. 2018-17]
Any dog which has attacked or bitten any human being or which
habitually attacks other dogs or domestic animals.
No person shall keep or harbor any dog of licensing age within
the Township of West Deptford, in the County of Gloucester, without
first obtaining a license therefor, to be issued by the Clerk of the
Township or any other individual or corporation duly authorized to
issue such licenses by the Township Committee of the Township of West
Deptford, upon application by the owner and payment of the prescribed
fee, and no person shall keep or harbor any dog in said Township except
in compliance with the provisions of this article.
A.
Procurement of tag and license. Any person who shall own, keep or
harbor a dog of licensing age shall, in the month of January, apply
for and procure from the licensing official in the Township a license
and an official metal registration tag for each such dog so owned,
kept or harbored, and shall place upon such dog a collar or harness
with the registration tag securely fastened thereto.
B.
Application: information required; preservation of records. The application
shall state the breed, sex, age, color and markings of the dog for
which license and registration are sought and whether it is a long-
or short-haired variety; also the name, street and post office address
of the owner and the person who shall keep or harbor such dog. The
information on said application and the registration number issued
for the dog shall be preserved for a period of three years by the
custodian of records or other local official designated to license
dogs in the municipality. In addition, such official or officials
shall forward similar information to the State Department of Health
each month on forms furnished by the said Department. Registration
numbers shall be issued in the order of the applications.
C.
Fees: annual sum; exemption.
(1)
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)]
(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)]
D.
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]
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.
A.
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.
B.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
[Amended 3-10-2011 by Ord. No. 2011-01]
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.
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.
The Township Committee shall have the power to employ Animal
Control Officers, whose duty it shall be to enforce the provisions
of this article.
A.
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.
B.
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]
C.
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.
D.
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]
E.
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]
F.
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]
A.
Regulation. Any dog determined to be vicious in accordance with the definition contained in § 82-1 shall be subject to the regulations hereinafter provided.
B.
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.
C.
Enforcement procedures.
(1)
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.
(2)
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.
D.
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:
(1)
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]
(2)
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.
A.
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.
[Added 9-20-1979 by Ord.
No. 79-21]
A.
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.
B.
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.
C.
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.
[Added 9-20-1979 by Ord.
No. 79-21]
A.
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)]
[Added 5-4-2006 by Ord.
No. 2006-10; amended 12-19-2018 by Ord. No. 2018-17]
A.
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.
B.
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.
[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.
[Adopted 5-18-2016 by Ord. No. 2016-07]
As used in this article, 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 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.
A member of the species of domestic cat, Felis catus.
A member of the species of domestic dog, Canis familiaris.
To sell, offer for sale or adoption, advertise for the sale
of, barter, auction, give away or otherwise dispose of a dog or cat.
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.