[Adopted 2-11-1960; amended 4-14-1983; 12-29-1983; 6-8-1989; 3-23-2006 by Ord. No. O-06-2001]
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
used 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.
"Certified Animal Control Officer" means a person 18 years
of age or older who has satisfactorily completed the course of study
approved by the Commissioner of Health and Senior Services, and the
Police Training Commission as prescribed by Paragraphs (1) through
(3) of Subsection a. of Section 3 of P.L.1983, c. 525 (N.J.S.A. 4:19-15.16a);
or who has been employed in the State of New Jersey in the capacity
of, and with similar responsibilities to those required of, a certified
animal control officer pursuant to the provisions of P.L.1983, c.
525 for a period of three years before January 17, 1987.
[Added 6-8-1989; amended 6-27-2019 by Ord. No. 2019-10]
The Borough of Wenonah in the County of Gloucester.
Any Borough Code Enforcement Official, Township Police Department
Officer, Gloucester County Animal Control Officer, the Municipal Clerk,
or any other official or person assigned or designated by Mayor and
Council.
[Added 6-27-2019 by Ord. No. 2019-10]
Any carnivorous domesticated mammal (Canis familiaris) whether
male or female, regardless of age.
The Borough 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.
[Added 6-27-2019 by Ord. No. 2019-10]
The pet solid waste is removed at once, without delay.
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 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.
Any individual, company, firm, partnership, corporation,
association, or political subdivision of this State subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Any room or group of rooms, case 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.
An establishment for the confinement of dogs seized, either
under the provisions of this ordinance 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.
[1][1]
Editor's Note: The former definition of "shelter," which immediately
followed this definition, was repealed 6-27-2019 by Ord. No. 2019-10.
[Amended 9-8-1966; 11-10-1977; 7-24-1980; 9-10-1981; 6-8-1989]
A.
Every
person who shall own, possess, keep or harbor any dog or dogs within
the limits of the Borough of Wenonah shall obtain an annual license
for each individual dog and shall have the same registered and numbered
with the Borough Clerk or Municipal Finance Officer and for each such
license shall pay a fee of $7. An additional fee of $5 is assessed
for each unspayed/unneutered dog unless written proof, either by a
veterinarian or a signed, notarized statement by the owner of neutering
or spaying is presented.
[Amended 2-28-2002 by Ord. No. 01-28; 8-26-2004 by Ord. No. O-04-12]
B.
Additionally,
the Municipal Finance Officer shall grant no license or registration
unless and until the owner thereof provides evidence that the dog
to be licensed and registered has been inoculated with a rabies vaccine
of a type approved by and administered in accordance with the recommendation
of the State Department of Health or has been certified exempt therefrom
as provided by regulations 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 permitted by law to do the same. The State Department
of Health shall promulgate regulations providing for the recognized
duration of immunity, interval of inoculation, certificate of vaccination,
certificate of exemption and such other matters related to this act.
All such license fees shall be paid and collected as hereinafter provided.
[Amended 3-23-2006 by Ord. No. O-06-01]
Any person who harbors or possesses any dog for a period of
14 days or more shall, for the purpose of this ordinance, be deemed
to be the owner of the dog or dogs so harbored or possessed.
Dogs used as guides for blind persons and commonly known as
"Seeing Eye" dogs shall be licensed and registered as other dogs hereinabove
provided for, except that the owner or keeper of such dog shall not
be required to pay any fee therefor.
[Amended 6-8-1989]
The owner of a newly acquired dog of licensing age or of any
dog which attains licensing age shall make application for a license
and registration tag for such dog within 10 days after such acquisition
or age attainment. The minimum licensing age for a dog shall be six
months.
[Amended 6-8-1989]
All applications for dog licenses shall be made to the Municipal
Finance Officer of the Borough of Wenonah, who shall provide a book
for the purpose of registering the name of the person or persons owning,
keeping, possessing or harboring any dog or dogs and the name of each
dog registered, and its number shall be entered therein and numbers
for each application for registration for such dog or dogs shall be
in the order in which the applications are made. The application shall
state the breed, sex, age, color and markings of the dog for which
the license and registration are sought and whether it is of 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
Municipal Finance Officer. In addition, the Municipal Finance Officer
shall forward similar information to the State Department of Health
each month, on forms furnished by said Department.
[Amended 1-24-1985; 6-8-1989; 2-28-2002 by Ord. No. 01-28]
The owner of every dog shall pay the license fees hereinbefore
provided to the Municipal Clerk or Finance Officer on or before the
last day of March in each year. All license fees must be in the hands
of the Municipal Clerk or Finance Officer on or before the close of
business on March 31, except that, should March 31 fall on a Saturday
or Sunday or should for any other reason the Municipal Office be closed
on March 31, then the deadline for payment shall be extended until
the close of business on the first day in April that the Municipal
Office is open for business. Payment received by mail postmarked on
or before March 31 shall be considered paid on time regardless of
the date actually received by the Municipal Clerk or Finance Officer.
Upon receipt of said license fee and upon the presentation of a current
rabies certificate, the Municipal Clerk or Finance Officer shall thereupon
issue to each person paying such license fee a license for the keeping
of such dog or dogs, which license shall contain the name and address
of such dog or dogs and a short description of the dog indicating
breed, sex, color, markings, age and also the number of such license
and shall bear the signature of the Municipal Clerk or Finance Officer.
All such licenses shall expire on the last day of March in each year
and shall be renewed on or before the 31st day of March of each year
as herein described. The Municipal Clerk or Finance Officer shall
also issue for each dog licensed a numbered metal tag designated as
a registration tag, which tag shall be securely attached to a strap
or collar worn around the neck of each dog so licensed, and each tag
shall have marked thereon the words "Licensed dog, Wenonah, New Jersey,"
with the year for which it is issued. The Municipal Clerk or Finance
Officer may issue substitute tags upon proof, in writing, from the
owner or member of the owner's household above the age of 14 years
sufficient to satisfy the Municipal Clerk or Finance Officer of the
loss of the original tag. Any owner so obtaining such substitute tag
or tags shall pay an additional registration fee of $2 for each and
every substitute tag. Late application shall result in an additional
assessment of $10 for issuance of each individual license as hereinabove
described.
[Amended 1-24-1985; 6-8-1989; 2-28-2002 by Ord. No. 01-28]
Every person who shall own, keep, possess or harbor any dog or dogs in the Borough of Wenonah who shall neglect or refuse to cause such dog or dogs to be licensed in the manner provided in § 5-7 shall be guilty of a violation of this ordinance; provided, however, that any owner of a dog bringing a dog into the Borough of Wenonah which had been licensed in another state for the current year, and bearing a registration tag, who shall keep the same or permit the same to be kept within the Borough of Wenonah for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog and provided, further, that any person who shall bring or cause to be brought into the Borough of Wenonah any unlicensed dog and shall keep the same or permit the same to be kept within the Borough of Wenonah for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog.
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.
Any dog owner who shall suffer or permit his unlicensed dog to run at large or who shall suffer or permit his dog, whether licensed or not, to run at large without the tag provided for in § 5-7 of this ordinance, or who shall cause or permit his unlicensed dog to wear such a tag, shall be guilty of a violation of this ordinance.
It shall be unlawful for any person to keep, maintain, operate
or in any manner conduct any kennel, pet shop, shelter or pound within
the borough.
[Amended 3-23-2006 by Ord. No. O-06-01]
Any person owning, keeping or harboring any dog, whether the
dog be licensed or unlicensed, who shall suffer or permit said dog
to run at large in or about the streets, highways or public places
of the Borough of Wenonah or to run at large upon lands and premises
of any person other than the owner or persons in possession of said
dog without permission of said landowner first obtained in writing
shall be guilty of violation of this ordinance.
[Amended 12-11-1986; 3-23-2006 by Ord. No. O-06-01]
No person who owns, keeps, harbors or possesses any dog or dogs
shall suffer or permit such dog or dogs to annoy neighbors and other
persons living within the immediate vicinity by maintaining or permitting
any accumulation of filth or source of foulness emanating from animal
excrement or animal decay of any type or character, to the extent
that it shall constitute an odor nuisance which is hazardous to the
mental or physical health of any inhabitant of the Borough or the
State of New Jersey; nor shall any person who owns, keeps, harbors
or possesses any dog or dogs permit such dog or dogs to annoy neighbors
and other persons living within the immediate vicinity by frequent
or habitual howling, yelping or barking. For the purpose of this ordinance,
"noise disturbance from a barking, yelping or howling dog" may be
defined as that created by a dog continuously for 10 minutes or intermittently
for 30 minutes.
[1]
Editor's Note: Former § 5-14, Annual dog census,
as amended, was repealed 6-27-2019 by Ord. No. 2019-10.
[Amended 9-8-1966; 9-10-1981; 2-29-1983; 6-8-1989; 3-23-2006 by Ord. No. O-06-01]
License fees and other moneys collected or received under the
provisions of this ordinance, except registration tag fees, shall
be forwarded to the Municipal Finance Officer of the Borough of Wenonah
within 30 days after collection or receipt and shall be placed in
a special account separate from any of the other accounts of the Borough,
which funds shall be used for the following purposes only: for collecting,
keeping and disposing of dogs liable to seizure under this ordinance;
for local prevention and control of rabies; for providing antirabic
treatment under the direction of the local Board of Health for any
person known or suspected or have been exposed to rabies; for payment
for damage to or losses of poultry or domestic animals, except dogs
and cats, caused by a dog or dogs. Any unexpended balance remaining
in such special account shall be retained therein until the end of
the third fiscal year following and may be used for any of the purposes
set forth in this section. At the end of the third fiscal year following
and at the end of each fiscal year thereafter, there shall be transferred
from such special account to the general funds of the municipality
any amount then in such account which is in excess of the total amount
paid into said special account during the last two fiscal years next
preceeding.
[Amended 3-23-2006 by Ord. No. O-06-01; 6-27-2019 by Ord. No. 2019-10]
Any person who shall in any way hinder or interfere with the
Animal Control Officer, police officers or officials, canvassers or
any other peace officers in the performance of their duty under the
provisions of this article or who shall refuse to give information
to any person making the canvass herein provided for or who shall
take a dog from the dog pound of the Borough of Wenonah, except upon
redeeming such dog in the manner as provided by this article, or who
shall break or injure such dog pound shall be deemed to have violated
the provisions of this article.
[Amended 3-23-2006 by Ord. No. O-06-01]
Any officer or agent authorized or empowered to perform any
duty under this ordinance is hereby authorized to go upon any premises
to seize, for impounding, any dog or dogs which he may lawfully seize
or impound when such officer is in immediate pursuit of such dog or
dogs, except upon the premises of the owner of the dog if said owner
is present and forbids the same; provided, however, that in the case
of a vicious dog such officer may seize the same even upon the premises
of the owner, regardless of objections.
[1]
Editor's Note: Former § 5-18, Muzzling upon proclamation
of Mayor, as amended, was repealed 6-27-2019 by Ord. No. 2019-10.
[Amended 3-23-2006 by Ord. No. O-06-01; 6-27-2019 by Ord. No. 2019-10]
Gloucester County Animal Control Officers (GCACO), or other
designate, may investigate and/or require compliance for violations
pursuant to N.J.S.A.4:22. In the event the GCACO, or designate, sees
or recognizes a potential criminal situation, or the need arises where
a criminal investigation is warranted, the GCACO shall make contact/report
to the Municipal Humane Law Enforcement Officer for further action.
The GCACO may continue to contribute to the investigation as requested
or required.
[Amended 6-8-1989; 2-28-2002 by Ord. No. 01-28; 3-23-2006 by Ord. No. O-06-01; 6-27-2019 by Ord. No. 2019-10]
Any person found to be in violation or found to have failed
to comply with any of the provisions of this chapter shall, upon conviction
thereof, be subject to a fine of not less than $100 and not more than
$1,000; or imprisoned for a term not to exceed 90 days, or both, in
the county jail. Each day of such violation or failure to comply shall
constitute a separate offense and, therefore, are not subject to merger
either for the purposes of the violation or imposition of fines and
penalties.
[Amended 3-23-2006 by Ord. No. O-06-01]
If any section, paragraph, subsection, clause or provision of
this ordinance shall be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of this
ordinance as a whole or any other part thereof.
[Amended 6-8-1989; 3-23-2006 by Ord. No. O-06-01]
All prior ordinances or parts of ordinances inconsistent with
this ordinance be and the same are hereby repealed to the extent of
such inconsistencies.
[Amended 3-23-2006 by Ord. No. O-06-01]
This ordinance shall take effect immediately upon its passage
and publication as required by law.
