[Ord. 1977-10, § 1;
Ord. #1978-7, § 1; Ord. #1981-8, § 1; Ord. #1983-8,
§ 1; Ord. #1988-15, § 1; Ord. #1990-7, § 1;
Ord. #1991-10, § 1; Ord. #2002-8, § 1]
Pursuant to the provisions of Chapter 151 of the Laws of 1941,
its amendments and supplements (N.J.S.A. 4:19-15.1) and particularly
N.J.S.A. 4:19-15.3, the sum to be paid annually for a dog license
and each renewal thereof, shall be as established in Schedule C.[1] In addition to the aforesaid license fee there shall be
collected from each person licensing a dog, the dog registration tag
fee payable to the State of New Jersey in accordance with N.J.S.A.
4:19-15.3, a fee as established in Schedule C[2] for any dog of reproductive age which has not had its
reproductive capacity permanently altered through sterilization which
shall be forwarded to the State Treasurer pursuant to P.L. 1983, Chapter
172 for deposit in the "Animal Population Control Fund"; and a fee
of twenty ($0.20) cents to be forwarded to the State Treasurer pursuant
to P.L. 1983, Chapter 181 for deposit in the "Pilot Clinic Fund."
[Ord. #1977-10, § 2]
The Township Clerk is hereby designated as the official to issue
dog licenses.
[Ord. #1977-10, § 3]
It shall be unlawful for any person owning, keeping, harboring
or having custody or possession of any dog, whether registered or
not, to permit such dog to be at any place in the Township other than
on the premises of such person, unless such dog be led by a leash
in the hands of a person capable of leading and controlling such dog,
or shall be securely confined in an automobile or carried securely
in the arms of a person capable of controlling the dog.
[Ord. #1977-10, § 4]
Nothing herein shall prohibit a dog being used for the purpose
of hunting legal game within the seasons as provided by Statute or
being trained for the hunting of legal game or actively participating
in field trials or dog shows, provided that the dog is, during such
time that it is so being used or trained, or participating in such
show, under the immediate control of a person actually able to physically
restrain the dog.
[Ord. #1977-10, § 5]
Any dog found off the premises of such person in violation of
this section shall be taken into custody and impounded by the police
authority or any person appointed for the purpose of taking and impounding
dogs by the Township Committee and thereafter destroyed or disposed
of as provided by N.J.R.S. 4:19-15.16. This remedy shall not exclude
imposition of the fine provided for in this section.
[Ord. #1977-10, § 6]
It shall be unlawful for any person to entice, either by bait,
threats, assault or other means, any dog into an act or acts in violation
of any of the provisions of this section.
[Ord. #1977-10, § 7]
No person shall keep, harbor or maintain any dog which habitually
barks, whines, howls or makes other disturbing noises.
[Ord. #1977-10, § 8; Ord. #1991-4, § 1;
Ord. #2002-8, § 1]
a.
POTENTIALLY DANGEROUS DOG
VICIOUS DOG
Definitions. As used in this Chapter:
Shall mean any dog or dog hybrid declared potentially dangerous
pursuant to N.J.S.A. 4:91-23.
Shall mean any dog or dog hybrid declared vicious pursuant
to N.J.S.A. 4:19-22.
b.
State Law Incorporated by Reference. The State Statute governing
vicious and potentially dangerous dogs, N.J.S.A. 4:19-17 et seq. as
amended and supplemented is hereby incorporated in this subsection
by reference.
c.
Liability of Owner for Costs of Impoundment and Destruction. If a
dog is declared vicious or potentially dangerous pursuant to N.J.S.A.
4:19-17 et seq. and all appeals pertaining thereto have been exhausted,
the owner of the dog shall be liable to the Township of Tabernacle
for the cost and expenses of impounding a vicious or potentially dangerous
dog in the Municipal Pound in the amount of $4 per day and of destroying
a vicious dog in the amount of $35.
d.
Licensing, Registration and Identification of Potentially Dangerous
Dogs. The owner of a dog declared potentially dangerous pursuant to
N.J.S.A. 4:19-23 shall apply to the Township Clerk for a potentially
dangerous dog license, municipal registration number and red identification
tag. The Township Clerk shall issue same upon written verification
from the Municipal Animal Control Officer that the owner has complied
with the orders of the panel convened pursuant to N.J.S.A. 4:19-21.
The owner shall annually renew said potentially dangerous dog license.
The fee for issuance of a potentially dangerous dog license
and for each annual renewal thereof shall be as established in Schedule
C[1].
[1]
Editor's Note: Schedule C, referred to herein, may be
found in Appendix A, Fee Schedule.
e.
Telephone Number for Reporting Violations of N.J.S.A. 4:19-17 et
seq. The Township Administrator shall publicize a telephone number
for reporting violations of the Act establishing requirements for
owners of vicious and potentially dangerous dogs, N.J.S.A. 4:19-17
et seq., and shall forward this number to the State Department of
Health.
[Ord. #1977-10, § 9]
Any dog found off of the premises of the owner or person harboring
or maintaining such dog in violation of the provisions of this Chapter,
shall be prima facie presumed to be off such premises with the permission
or consent of the owner or other person.
[Ord. No. 1998-9; Ord. No. 2015-12]
Any person who violates or who fails or refuses to comply with this Chapter, except for subsection 5-1.1 entitled "Dog License Fee," shall be liable for a penalty of not less than $5 nor more than $1,000 for each and every offense, except that for the first offense the penalty shall be not less than one ($1.00) dollar and not more than $50.
Any person who fails or refuses to secure a dog license as required under subsection 5-1.1 entitled "Dog License Fee" shall be liable for a penalty in the amount of $50 plus $30 in court costs.
[Ord. #2005-14, § I]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in Tabernacle Township, so
as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
[Ord. #2005-14, § II]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this Chapter 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.
Shall mean that the pet solid waste is removed at once, without
delay.
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 any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean a domesticated animal (other than disability assistance
animal) kept for amusement or companionship.
Shall mean waste matter expelled from the bowels of the pet;
excrement.
Shall mean 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.
[Ord. #2005-14, § III]
All pet owners and keepers are required to immediately and properly
dispose of their pet's solid waste deposited on any property,
public or private, not owned or possessed by that person.
[Ord. #2005-14, § IV]
The provisions of this section shall be enforced by the New
Jersey State Police and Code Enforcement Officer of Tabernacle Township.
[Ord. #2005-14, § V]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,200.
[Ord. #2005-20, § 2]
For the purpose of this section, the following terms shall have
the meaning set forth in this section. When not inconsistent with
the context, words used in the present tense include the future, words
in the plural number include the singular, words in the singular number
include the plural, and words in the male gender include the female
gender.
Shall mean that an owner or caregiver has forsaken a domesticated
cat entirely, or has neglected or refused to provide care and support
of the cat.
Shall mean any person employed or appointed by the Township
who is authorized to investigate violations of laws and regulations
concerning animals, and to issue citations in accordance with New
Jersey law and this Code.
Shall mean any person who provides food, water or shelter
to or otherwise cares for a cat.
Shall mean a cat that is socialized to humans and is appropriate
as a companion for humans.
Shall mean straight-line cutting of the tip of the left ear
of a cat while the cat is anesthetized.
Shall mean a cat that exists in a wild or untamed state,
either due to birth or reversion to a wild state from domestication.
The usual and consistent temperament of a feral cat is extreme fear
and resistance to contact with humans. Feral cats are completely or
substantially unsocialized to humans.
Shall mean a group of cats that congregates, more or less,
together as a unit. Although not every cat in a colony may be feral,
any nonferal cats that congregate with a colony shall be deemed to
be a part of it.
Shall mean disturbing the peace by (a) habitually or continually
howling, crying or screaming, or (b) the habitual and significant
destruction, desecration or soiling of property against the wishes
of the owner of the property.
Shall mean any person, firm, corporation, partnership, association,
trust, estate, or any other legal entity.
Shall mean a for-profit or not-for-profit entity, or a collaboration
of individuals with at least one of its purposes being the adoption
or placement of cats in homes with humans to serve as companion animals.
Shall mean a cat that is regularly off the property of the
owner, is not under the physical control and restraint of the owner
and is not regularly provided with food by its owner.
Shall mean shelter that provides protection from rain, sun,
and other elements that is adequate to protect the health of the cat.
Shall mean trap, neuter and return.
Shall mean a program pursuant to which feral and stray cats
are trapped, neutered or spayed, vaccinated against rabies and returned
to the location where they congregate.
Shall mean those diseases transmittable to humans from animals,
including parasitic, bacterial, fungal and viral diseases.
[Ord. #2005-20, § 2]
a.
Owners of domesticated cats shall provide appropriate and adequate
food, water and shelter for their cats.
b.
The owner of a domesticated cat shall exercise reasonable care to
guard against the cat creating a nuisance.
c.
The owner of a sexually intact (not spayed or neutered) domesticated
cat shall not permit his/her cat to roam unsupervised.
d.
An owner shall not abandon a domesticated cat.
[Ord. #2005-20, § 3]
a.
Feral cat colonies shall be permitted and caregivers shall be entitled
to maintain them in accordance with the terms and conditions of this
section.
b.
Sponsorship of Colony TNR Programs. The Burlington County Feral Cat
Initiative program sponsored by Nature's Refuge, a nonprofit
animal education organization, is approved. Other persons may apply
to the Township to serve as colony TNR program sponsors ("sponsors")
so long as said persons agree to perform the responsibilities stated
in this section for sponsors.
c.
Sponsor Requirements. It shall be the duty of the sponsor to:
1.
Review and approve of colony caregivers;
2.
Help to resolve any complaints over the conduct of a colony caregiver
or of cats within a colony;
3.
Maintain records provided by colony caregivers on the size and location
of the colonies as well as the vaccination and spay/neuter records
of cats in the sponsor's colonies and
5.
Use due consideration to avoid the taking of rare, threatened or
endangered species under the Endangered and Nongame Species Conservation
Act, N.J.S.A. 23:2A-1, et seq.
d.
Feral Cat Caregiver Requirements. Caregivers are responsible for
the following:
1.
Registering the feral cat colony with the sponsor;
2.
Taking steps that are reasonably likely to result in the vaccination
of the colony population for rabies and making reasonable efforts
to update the vaccinations on cats that can be recaptured;
3.
Taking steps that are reasonably likely to result in the spay/neuter,
by a licensed veterinarian, of at least 90% of the colony population;
4.
Providing the sponsor with descriptions of each cat in the colony
and copies of documents evidencing that the cats have been vaccinated
and spayed/neutered;
5.
Providing food, water and, if feasible, shelter for colony cats;
6.
Observing the colony cats at least twice per week and keeping a record
of any illnesses or unusual behavior noticed in any colony cats;
7.
Obtaining the approval of the owner of any property, to which the
caregiver requires access to provide colony care;
8.
In the event that kittens are born to a colony cat, the caregiver
shall take reasonable steps likely to result in the removal of the
kittens from the colony after they have been weaned, and the placement
of the kittens in homes or foster homes for the purpose of subsequent
permanent placement;
9.
Reporting annually in writing to the sponsor on the status of the
colony, including data on the number and gender of all cats in the
colony, the number of cats that died or otherwise ceased being a part
of the colony during the year; the number of kittens born to colony
cats and their disposition and the number of cats and kittens placed
in permanent homes as companion cats; and
10.
Obtaining proper medical attention to any colony cat that appears
to require it.
e.
Colony Cat Requirements.
1.
The left ear of a colony cat that has been spayed or neutered and
vaccinated shall be eartipped.
2.
An electronic animal identification device (EAID) shall be inserted
into the cat by a veterinarian in accordance with professional medical
standards. The Sponsor shall be the named contact for purposes of
the EAID.
f.
Disposition of Colony Cats.
1.
An Animal Control Officer who has trapped a cat whose left ear has
been tipped or which bears some other distinguishing mark indicating
that it belongs to a feral cat colony shall scan the cat for an EAID.
If an EAID is found, the Officer shall be responsible for contacting
the sponsor or other person named as owner of the cat.
2.
If the owner or sponsor is not able to immediately take custody of
the cat, the officer shall transport the cat to the Burlington County
Animal Shelter. The owner or sponsor shall be responsible for retrieving
the cat from the shelter within three business days or advising the
shelter if the owner or sponsor does not intend to retrieve the cat.
[Ord. #2005-20, § 4]
a.
The Township shall have the following rights:
1.
The right to seize or remove cats from a colony that have not been
vaccinated against rabies and which are demonstrating signs of the
disease.
2.
The right to seize/remove a cat from a colony that is creating a
nuisance as defined above and the caregiver and sponsor have been
given 60 days to remove and relocate the cat and have failed to do
so.
3.
The right to seize/remove a colony of cats when the caregiver regularly fails to comply with the requirements of subsection 5-4.3d and the sponsor has not been able to obtain a replacement or substitute caregiver within 60 days of the Township's notice to the sponsor of the caregiver's failure to comply with this section.
b.
The requirements of this section notwithstanding, Animal Control
Officers and Police Officers may investigate any nuisance complaint.
[Ord. No. 2007-4 § I]
The purpose of this section is to prohibit wild animals and
regulating agricultural animals on non-agricultural properties in
Tabernacle Township so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply with same.
[Ord. No. 2007-4 § II]
Shall mean customarily found on a farm, including but not
limited to alpacas, llamas, bovine, steer, cattle, horses, cows, ponies,
sheep, goats, chickens, ducks, guinea hens, or other farm animals
and fowl. The term shall not include the keeping of cats, dogs, or
other domestic animals.
[Ord. No. 2007-4 § III]
Agricultural animals may be kept, harbored and maintained on
non-agricultural property subject to all of the following conditions:
a.
The lot on which the agricultural animals are located is at least
six acres.
b.
No livestock/animal shelter shall be erected, used or located closer
than one hundred (100') feet to any property line. No manure
storage shall be located closer than one hundred (100') feet
to any property line.
c.
All agriculture animals shall be kept at all times at least twenty
(20') feet from any adjoining property line.
d.
All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
e.
Animals are maintained in quarters so constructed as to prevent their
escape.
f.
Nothing herein shall apply to agriculturally assessed property which
is qualified, pursuant to the Farmland Assessment Act of 1964 (laws
of 1964, Chapter 48; N.J.S.A. 54:423.1), as land actively devoted
to agricultural use.
[Ord. No. 2016-5]
a.
The above restrictions included at subsection 5-5.3 notwithstanding, chickens, as defined herein, may be kept, harbored and maintained on non-agricultural property subject to all of the following conditions.
b.
CHICKEN
COOP
DROPPINGS
MATURE CHICKEN
POULTRY
Definitions.
The following words and terms when used in this subsection shall
be deemed to have meanings herein stated.
Shall mean a domesticated fowl of the subspecies Gallus gallus
domesticus. Such definition shall include such chickens defined as
layers, broilers, and fryers.
Shall mean an enclosure, cage, or pen usually with bars or
wire, in which chickens are confined.
Shall mean the excrement of chickens.
Shall mean a chicken, which has attained sexual maturity
or an age of at least three months.
Shall include the chickens, ducks, turkeys, geese and game
birds including but not limited to pheasants and quail, peafowl, and
guinea fowl.
c.
Purpose.
1.
No person shall raise, keep or harbor any live chickens without first
obtaining a permit for that purpose from the Tabernacle Township Zoning
Officer covering the premises intended to be so used.
2.
The provisions of this subsection shall not be deemed to authorize
the keeping of live chickens or their by-products for sale or preparation
of sale.
3.
The provisions of this subsection are intended to regulate the keeping
of live chickens only. The keeping of any other type of poultry when
inconsistent with other sections of the Tabernacle Township Code is
prohibited.
d.
General Regulations.
1.
Minimum Residential Lot Size. A minimum lot size of 1/2 acre is required
to keep chickens pursuant to this subsection. Keeping of chickens
shall only be permitted in zoning districts for residential or agricultural
use.
2.
Number of Allowable Chickens. No more than 12 female chickens may
be kept on any residential lot.
3.
Roosters, Cockerel. Roosters and cockerels are prohibited.
4.
Slaughtering. Slaughtering chickens in public view is prohibited.
5.
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. Such action
is deemed to be a nuisance and dangerous to public health and safety.
6.
No Disturbing of Peace. No person owning, keeping, maintaining or
harboring a chicken shall permit, suffer or allow a chicken to disturb
the peace or quiet of the neighborhood by creating a noise across
a residential property line continually for 10 minutes or intermittently
for 30 minutes, unless provoked.
7.
Each animal subject to this subsection shall be free from sickness
or disease. Should the Board of Health have reasonable cause to question
the health of any animal, it shall have the authority to require,
after notice to the owner, an examination by a doctor of veterinary
medicine; which examination shall be at the expense of the owner.
Chickens found to be infested with insects, parasites or pathological
viruses or bacteria that may result in unhealthy conditions to human
habitation may be removed by an Animal Control Officer.
e.
Structures and Enclosures.
1.
All chickens shall be provided a fully enclosed shelter with a fenced
enclosure outside of and completely apart from any building used wholly
or in part for dwelling purposes. Shelters and enclosures shall be
located in the rear yard.
2.
Structures shall have covered tops and provide for protection from
predators. Shelters shall have solid imperviable floors unless elevated
and in such event, shall have a liner below the elevated floor.
3.
Shelters and enclosures shall comply with any and all side and rear
yard setback requirements applicable to principal buildings and shall
be located at least sixty (60') feet from any residential structure
on an adjoining property.
4.
Shelters shall not exceed 60 square feet in size or eight (8')
feet in height.
5.
Fences shall not exceed six (6') feet in height.
6.
The floors of all coops, runs and the surrounding areas of all such
places shall be kept clean and dry at all times and shall be subject
to periodic inspection by the Health Officer or their representative.
7.
Coops and runs shall be disinfected or otherwise treated at the owner's
expense when so directed by the Health Officer.
8.
Shelters and enclosures shall not be used after construction for
storage or any other purpose or use other than for the keeping of
chickens.
f.
Manure Storage, Use, and Removal.
1.
Manure Storage. Manure storage areas shall utilize a liner and shall
be located at least one hundred (100') linear feet from waters
of the State. Manure storage areas shall be located in the rear yard
and shall comply with any and all side and rear yard setback requirements
applicable to principal buildings and shall be located at least sixty
(60') feet from any residential structure on an adjoining property.
Land application of animal waste shall be performed in accordance
with the principles of the N.J.D.A. Best Management Practices (BMP)
Manual.
2.
Manure Applied to Soil. Poultry manure can be applied to the soil
at a rate not to exceed 200 pounds per 1000 square feet every three
months. Manure should be incorporated into the soil and not used on
the surface of the soil.
3.
Waste Removal. All droppings, feculent matter, and waste shall be
removed weekly from each coop. Manure shall be removed from the premises
or otherwise disposed of in a manner as shall prevent the inhalation
of aerosolized fecal matter, odor and the attraction of insects and
rodents not less than every two weeks unless disposed of in accordance
with paragraph f,2 and then in such event stored in a manure composting
pile until application every three months.
[Ord. No. 2007-4 § IV]
a.
It shall be unlawful for any person to keep, maintain or have under
his control or possession within the Township any poisonous reptile
or any other dangerous or carnivorous wild animal or reptile of wild,
vicious or dangerous propensities, including but not limited to the
following:
1.
All poisonous animals, including rear-fang snakes.
2.
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla);
organgutans (Pongo); and siamangs (Symphalangus).
3.
Baboons (Papio, Mandrillus).
4.
Bears (Ursidae).
5.
Bison (Bison).
6.
Cheetahs (Acinonyx jubatus).
7.
Crocodilians (Crocodilia), thirty (30") inches in length or more.
8.
Constrictor snakes, six (6') feet in length or more.
9.
Coyotes (Cants latrans).
10.
Elephants (Elephas and loxodonta).
11.
Game cocks and other fighting birds.
12.
Hippopotami (Hippopotamidae).
13.
Hyenas (Hyaenidae).
14.
Jaguars (Felis once).
15.
Leopards (Felis pardus).
16.
Lions (Felis leg).
17.
Lynxes (Lynx).
18.
Monkeys, old world (Cercopithecidae).
19.
Ostriches (Struthio).
20.
Piranha Fish (Characidae).
21.
Pumas (Felis concolor), also known as cougars, mountain lions and
panthers.
22.
Rhinoceroses (Rhinocerotidae).
23.
Sharks (class Chondrichthyes).
24.
Snow leopards (Felis tigris).
25.
Tigers (Felis tigris).
26.
Wolves (Cants lupus).
b.
Exceptions. The provisions of subsection 5-5.4a hereinabove shall not apply to licensed pet shops, if:
1.
All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
2.
Animals are maintained in quarters so constructed as to prevent their
escape.
3.
No person lives or resides within one hundred (100') feet of
the quarters in which the animals are kept and no animal shelter or
quarters shall be used or located closer than one hundred (100')
feet to any property line.
[Ord. No. 2007-4 § V]
The Tabernacle Township Code Enforcement Department and/or the
New Jersey State Police shall enforce the provisions of this section.
[Ord. No. 2007-4 § VI]
Any person(s) who is found to be in violation of the provisions
of this ordinance shall be subject to a fine, not to exceed $1,500
and/or a term of imprisonment not to exceed 180 days.
