[Adopted 6-17-2003 by Ord. No. 2003:24]
Editor's Note: This ordinance repealed former Art. I, Animal Control; Licensing of Dogs, adopted 10-28-1986 by Ord. No. 86:72 as Ch. V of the 1986 Code, as amended.
As used in this article, the following terms shall have the meanings indicated:
- Any dog, cat, reptile or other exotic pet, or livestock other than poultry.
- ANIMAL CONTROL OFFICER (ACO)
- A certified municipal animal control officer. This includes all Assistant Animal Control Officers who are certified as municipal animal control officers.
- Any member of the feline species, male, female or neutered.
- Any dog, male, female, or neutered, or any dog hybrid.
- DOG OF LICENSING AGE
- Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
- DOMESTIC ANIMAL
- Any dog or cat.
- IMPOUNDED ANIMAL
- Any animal taken into custody or seized by legal capture and occupying quarters at the shelter.
- Any establishment wherein or whereon more than five dogs are kept or boarded or any establishment wherein or whereon the keeping or breeding dogs for sale is carried on except as a pet shop. Owners of five dogs or less, whose female dog has puppies, shall be exempt from the above, provided the puppies are kept no longer than seven months.
- Shall include, when applied to the proprietorship of an animal, every person having a right of property in the animal and every person who has an animal in his keeping or is otherwise exercising control over an animal or permitting an animal to remain on premises under his control. In the event such person is an unemancipated minor, such person’s parent or guardian shall be deemed to be the owner.
- A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.[Added 12-20-2005 by Ord. No. 2005:32]
- PET SHOP
- 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.
- PET SOLID WASTE
- Waste matter expelled from the bowels of the pet; excrement.[Added 12-20-2005 by Ord. No. 2005:32]
- POTENTIALLY DANGEROUS DOG
- A dog declared potentially dangerous by the Municipal Court pursuant to N.J.S.A. 4:19-22, as amended.
- An establishment for the confinement of dogs or other animals seized under the provisions of this article or otherwise.
- RUNNING AT LARGE
- The running or standing of any dog, on any street or other public or private place, except on the property of the owner or the custodian of the dog, unattended and not under the immediate control of some responsible person able to control such dog.
- Any establishment maintained and operated for the confinement and distribution of animals impounded or taken into protective custody, pursuant to this article.
License, when required. Licenses shall be required for the following dogs of licensing age:
Any dog owned or kept within the Township by a resident of the Township on February 1 of any calendar year.
[Amended 10-15-2019 by Ord. No. 2019-66]
Any dog, not licensed by a municipality in the State of New Jersey, acquired or brought into the Township by any person during the course of any calendar year and kept within the Township for more than 10 days.
Any dog attaining licensing age during the course of the calendar year.
Any dog licensed by another state brought into the Township by any person and kept within the Township for more than 90 days.
Potentially dangerous dogs shall require an additional potentially dangerous dog license.
Application for license.
Each application for a license under this article shall give the following information:
A general description of the dog sought to be licensed, including breed, sex, whether the dog has been altered, age, color and markings, and whether the dog is of a long- or short-haired variety.
Name, street and post office address of the owner of, and of the person who shall keep or harbor the dog.
Whether the dog sought to be licensed has been found to be potentially dangerous pursuant to N.J.S.A. 4:19-23, as amended.
Whether the dog has been surgically debarked or silenced.
Registration numbers, including those for dogs found to be potentially dangerous dogs, shall be issued in the order in which applications are received.
Application for license, when made. Applications for licenses for dogs which are required to be licensed by the provisions of § 91-2A(1) shall be made before the first day of February of each calendar year. In all other cases, the application for a license shall be made at the time the dog in question first becomes subject to the provisions of this section.
The person applying for a license and registration tag or for renewal of such license and registration tag shall pay to the Township a fee of $15 for a spayed or neutered dog and a fee of $18 for a nonspayed or nonneutered dog (which amounts include fees required by the New Jersey Department of Health and Senior Services). An additional late fee of $5 shall be charged for a renewal license obtained on or after the first day of February. The fee for a transfer registration tag (optional) for a dog with a current license registration tag from another municipality within the State of New Jersey shall be $2. The fee for a replacement registration tag shall be $2.
[Amended 9-18-2007 by Ord. No. 2007:22; 5-18-2010 by Ord. No. 2010:09; 7-20-2010 by Ord. No. 2010:17]
The additional fee for a potentially dangerous dog license shall be $150.
Expiration date. Each dog license and registration tag shall expire on January 31 of the following year.
[Amended 10-15-2019 by Ord. No. 2019-66]
Exceptions. The provisions of this section shall not apply to any dog licensed under § 91-3 of this article. Dogs used as guides for blind persons and commonly known as “Seeing Eye” dogs, dogs used to assist handicapped persons and commonly known as “service dogs,” or dogs used to assist deaf persons and commonly known as “hearing ear” dogs shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.
License required. Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Township Clerk for a license entitling him to keep or operate the establishment. The Township Clerk shall not issue a kennel license for any kennel, as defined in this article, which is located in any area zoned for residential use pursuant to Chapter 430, Zoning, of the Code of the Township of Parsippany-Troy Hills. Any person holding a license for a kennel shall be required to secure individual licenses for dogs owned by the licensee and kept at the establishment. Any person holding a pet shop license shall not be required to secure individual licenses for dogs owned by the licensee and kept at the establishment. Licenses shall not be transferable to another owner or different premises.
Approval of Health Officer. No license shall be issued until the proposed licensee submits a written statement from the Health Officer of the Office of Health that the establishment or proposed establishment complies with local and state rules governing the location of and sanitation at the establishment.
[Amended 12-20-2005 by Ord. No. 2005:31]
License term. All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all licenses shall expire on June 30 of each year.
Compliance with state regulations.
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Council on recommendation of the State Department of Health and Senior Services or the Office of Health for failure to comply with the rules and regulations of the State Department of Health and Senior Services or the Office of Health, after the owner has been afforded a hearing by either the State Department of Health and Senior Services or the Office of Health as set forth in N.J.S.A. 4:14-15.8, as amended.
[Amended 12-20-2005 by Ord. No. 2005:31]
Any person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound shall comply with all Township ordinances and the rules and regulations promulgated by the State Department of Health and Senior Services governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation and the prevention of the spread of rabies and other diseases of dogs within and from these establishments.
Control of dogs off premises. No dog kept in a kennel, pet shop, shelter or pound shall be permitted off the premises, except on a leash, in a crate or under other safe control.
[Amended 12-20-2005 by Ord. No. 2005:31]
Pursuant to N.J.S.A. 4:19-15.15, as amended, the ACO of the Township shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township and shall report to the Clerk, the Office of Health and the State Department of Health and Senior Services the results thereof in compliance with state statutes.
Causes for impounding. The ACO shall impound, or cause to be impounded, any of the following:
Any unlicensed dog running at large in violation of the provisions of this article.
Any dog off the premises of its owner or of the person keeping or harboring the dog, which the ACO or his agent has reason to believe is a stray dog.
Any animal found to be in violation of N.J.S.A. 4:19-15.16, as amended, and the provisions of this article.
Access to premises. Any officer or agent authorized or empowered to perform any duty under this article is hereby authorized to go on any premises to seize for impounding any dog which he may lawfully seize and impound when the officer is in immediate pursuit of the dog, except on the premises of the owner of the dog if the owner is present and forbids it.
Notice of seizure.
If any dog so impounded or seized wears a registration tag, collar or harness showing the name and address of any person, or if the owner of or the person keeping or harboring the dog is known, the ACO shall immediately serve on the person whose address is given on the collar, or on the person owning, keeping or harboring the dog, a written notice stating that the dog has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after service of the notice.
A notice under this subsection may be served either by delivering it to the person on 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 mail in a prepaid letter addressed to that person at his/her usual or last-known place of abode or to the address given on the collar.
Disposition of unclaimed animals. Pursuant to N.J.S.A. 4:19-15.16, as amended, the ACO is authorized and empowered to cause the destruction of any unclaimed animal by injection seven days after seizure, provided that:
Notice is given as set forth in the previous subsection and the animal remains unclaimed; or
The person owning, keeping or harboring any animal so impounded has not claimed the animal and has not paid expenses incurred by reason of its detention, including veterinarian bills, legal fees, impound fees of $35 for the first day and $15 per day maintenance for each additional day; or
[Amended 5-18-2010 by Ord. No. 2010:09]
The person owning, keeping or harboring a dog that was unlicensed at the time of its seizure does not produce a license and registration tag for the dog.
Any resident of the Township of Parsippany-Troy Hills having a sick or unwanted domestic animal may turn in the animal for destruction or adoption for a fee.
The charges specified herein shall be paid to the Township of Parsippany-Troy Hills, and a receipt shall be delivered to the person paying such fees, which will give the ACO the authority to dispose of the animal or place it for adoption.
[Amended 3-19-2019 by Ord. No. 2019:06]
The ACO shall take into custody any animal that is temporarily abandoned due to car accidents, emergency hospitalizations, or other unexpected situations as so directed by the chief law enforcement officer.
[Amended 3-22-2005 by Ord. No. 2005:03; 5-18-2010 by Ord. No. 2010:09; 3-19-2019 by Ord. No. 2019:06]
Any person wishing to adopt an animal from the shelter may do so upon payment of the following fees to help defray the cost of health care and maintenance for said animals. A low-cost spay/neuter certificate will be issued, if needed.
No person shall own, keep or harbor a dog in the Township except in compliance with the provisions of this article and the following regulations.
Wearing of registration. All dogs, which are required by the provisions of this article to be licensed, shall wear a collar or harness with the registration tag for the dog securely fastened thereto.
Use of registration 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.
Interference with official duties. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
Disturbing the peace. No person shall own, keep, harbor or maintain any dog which habitually barks or cries continually for 10 minutes or intermittently for 30 minutes unless provoked.
Running at large. No person owning, keeping or harboring any dog shall permit or allow the dog to run at large within the limits of the Township, except that this provision shall not apply to private property where the owner thereof has consented to the dog running at large or to hunting dogs during hunting season, or while they are being trained, provided at all times such dogs are under the control of the owner and trainer.
Leashing of dogs. No person owning, keeping or harboring any dog shall permit or allow the dog to be off the premises of such owner or person so harboring the dog, or be upon the public streets or in any public places of the Township, 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 eight feet long.
Pet solid waste disposal.
[Amended 12-20-2005 by Ord. No. 2005:32]
No person owning or in charge of any animal shall cause or allow such animal to soil, defile, defecate on, or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park, or any place where people congregate or walk, or upon any property, public or private, not owned or possessed by that person.
All pet owners and keepers of any animal which soils, defiles, defecates on, or commits any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park, or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property without permission of the owner of the property, shall immediately (at once, without delay) and properly dispose of their pet’s solid waste.
The feces removed from the aforementioned designated areas shall be placed in a designated waste receptacle, or other suitable leakproof container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposed of into a system designed to convey domestic sewage for proper treatment and disposal.
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.
The provisions of this section shall be enforced by the ACO, the Assistant ACO, police officers of the Township, the Township Health Officer, and such other personnel of the Division of Health as are directed to enforce this section by the Health Officer.
Where it has been determined by a physician that a person has been bitten by a domestic animal, the individual, or his parent or guardian if he is a minor, shall immediately notify the police. When the owner or keeper of any such animal is notified by the police that the animal has bitten any individual, the owner or keeper of the animal shall comply with the following procedures to determine if the animal has rabies:
Have the animal examined by a licensed veterinarian within 12 hours and daily thereafter, if necessary.
Have the animal kept in confinement in the owner’s home, at a kennel, a shelter or under the care of a veterinarian for a period of 10 days.
At the end of the 10 days have the animal reexamined by a veterinarian and a written report of the animal’s state of health sent to the Health Department.
Upon recommendation of the Health Officer or the Township Veterinarian, the Council may, by proclamation, require all dogs and cats to be quarantined during any period in each year which may seem advisable to the Council.
The Township offers trapping as a service to it residents. A refundable deposit of $75 is required for any trap placed on residential property. Upon completion of trapping, and provided that the trap is returned in workable condition, the Township shall return the deposit to the resident in conjunction with Township guidelines. For any lost, stolen or damaged trap (not due to excessive wear) the deposit shall be forfeited by the resident, and kept by the Township for repair or replacement of the trap.
The Mayor shall have the power to appoint an ACO and Assistant ACO’s, whose duty it shall be to enforce the provisions of this article.
Any person or persons violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding $1,000, or imprisonment for a period not exceeding 90 days, or both, or to a period of community service not exceeding 90 days at the discretion of the Municipal Court Judge.
The provisions of this Code article relevant to potentially dangerous dogs shall not apply to dogs used for law enforcement activities.
The Township Health Officer and his authorized agents are authorized to take all steps necessary to execute the goals and procedures outlined in N.J.S.A. 4:19A-1 et seq., as amended.