Township of Maplewood, NJ
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 12-3-1974 by Ord. No. 1438 as Ch. V of the 1974 Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
ANIMAL
Except where the context indicates otherwise, any domestic animal other than a dog as herein defined or any wild life in its natural state or which has been tamed.
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
OWNER
When applied to the proprietorship of a dog, includes every person having a right of property in such dog and every person who has such dog in his keeping.
PET SHOP
Any room or groups of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
POUND
An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
VICIOUS ANIMAL
As defined in N.J.S.A. 4:19-18.
[Added 2-2-1988 by Ord. No. 1743; amended by 10-1-2013 by Ord. No. 2729-13]
[Amended 10-1-2013 by Ord. No. 2729-13]
No person shall keep or harbor any dog within the Township without first obtaining a license therefor, to be issued by the Health Department or other official as designated by the governing body of the Township upon application by the owner and payment of the prescribed fee; no person shall keep or harbor any dog within the Township except in compliance with the provisions of this article.
A. 
License, when required. Licenses shall be required for all dogs of licensing age, including:
(1) 
Any dog owned or kept within the Township by a resident of the Township on the first day of January of any calendar year.
(2) 
Any dog acquired by any person during the course of any calendar year and kept within the Township for more than 10 days after acquisition.
(3) 
Any dog attaining licensing age during the course of the calendar year.
(4) 
Any unlicensed dog brought into the Township by any person and kept within the Township for more than 90 days.
B. 
Application for license.
(1) 
Each application for a license under this article shall give the following information:
(a) 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings, and whether such dog is of a long- or short-haired variety.
(b) 
Name, street and post office address of the owner of and the person who shall keep or harbor such dog.
(2) 
The application shall be accompanied by certificate issued by a veterinarian or other qualified person administering the inoculation indicating the dog has been inoculated against rabies and indicating that the inoculation shall be current through September 30 of the licensing year when the application is made or the application shall be accompanied by a certificate approved by the Health Officer from the veterinarian stating that because of an infirmity or other physical condition the inoculation of the dog shall be deemed inadvisable for a specific period of time. At the expiration of such period of time, the person keeping or harboring the dog shall file with the Health Officer a current certificate from the veterinarian containing one or the other of the statements specified above.
[Amended 10-1-2013 by Ord. No. 2729-13]
C. 
License record. The information on the application and the accompanying veterinarian's certificate and registration number issued for the dog shall be preserved for a period of three years by the Health Department or other official designated by the governing body of the Township. In addition, he/she shall forward similar information to the State Department of Health each month, on forms furnished by the Department. Registration numbers shall be issued in the order of the applications.
[Amended 10-1-2013 by Ord. No. 2729-13]
D. 
Date of license application. Applications for licenses for dogs which are required to be licensed shall be made within ten days after such acquisition or age attainment.
E. 
Fees.
(1) 
The person applying for the license and registration tag shall pay a fee of $15 for spayed and neutered dogs and $18 for nonspayed and nonneutered dogs; for each annual renewal, the fee for the license and for the registration tag shall be as set forth above. The license and registration tags and renewals thereof shall expire on the last day of December of each year.
[Amended 9-4-1979 by Ord. No. 1538; 12-15-1981 by Ord. No. 1591; 10-1-2013 by Ord. No. 2729-13]
(2) 
The annual license fee for a potentially dangerous dog license, and each renewal thereof, shall be the sum of $700.
[Added 8-5-1997 by Ord. No. 2038-97]
(3) 
A late fee of $7 shall be charged for each dog licensed after January 31 of the licensing year. This fee shall not apply to newly acquired dogs or dogs brought into the jurisdiction as listed in § 113-7.
[Added 10-1-2013 by Ord. No. 2729-13]
F. 
Exceptions.
(1) 
The provisions of this section shall not apply to any dog licensed under § 113-8 of this article.
(2) 
Dogs used as guides for blind persons, commonly known as "Seeing Eye dogs," shall be licensed and registered as other dogs herein above provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
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 Health Department or other official as designated by the governing body of the Township for a license entitling the operating of such an establishment.
[Amended 10-1-2013 by Ord. No. 2729-13]
B. 
Application information. The application shall contain the following information:
(1) 
The premises where the establishment is located or is proposed to be located.
(2) 
The purposes for which it is to be maintained.
C. 
Approval of Health Officer. No license shall be issued until the proposed licensee submits a written statement from the Board of Health that the establishment or proposed establishment complies with local and state rules governing the location of and sanitation at such establishment.
D. 
License term; 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 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 of Health or the Board of Health of the Township.
E. 
Individual licenses not required. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; such licenses shall not be transferable to another owner or different premises.
F. 
License fees. The annual license fees for kennel and pet shop licenses shall be as follows:
(1) 
Kennel accommodating 10 or fewer dogs: $10.
(2) 
Kennel accommodating more than 10 dogs: $25.
(3) 
Pet shop: $10.
(4) 
Shelter or pound: no fee.
G. 
Reports to the Health Department. The Health Department or other official as designated by the Township governing body 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 are issued, which list shall include the names and addresses of the licensee and the type of license issued.
[Amended 10-1-2013 by Ord. No. 2729-13]
H. 
Control of dogs off premises. No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on a leash or in a crate or other safe control.
A. 
License fees and other money collected or received under the provisions of this article, except registration tag fees, shall be forwarded to the Treasurer of the Township within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Township, to be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this article; 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 have been exposed to rabies; for all other purposes prescribed by the statutes of New Jersey governing the subject; and for administering the provisions of Article 151 of the Laws of 1941.[1] Any unexpected balance remaining in the special account shall be retained therein until the end of the third fiscal year following and may be used for any of 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 Township any amount then in such account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
[1]
Editor's Note: See N.J.S.A. 4:19-15.1 et seq.
B. 
The registration fee of $1.20 for spayed or neutered dogs and $4.20 for nonspayed or nonneutered dogs shall be forwarded within 30 days after collection by the Health Department or other official designated by the governing body of the Township to the State Department of Health.
[Amended 10-1-2013 by Ord. No. 2729-13]
A. 
The Animal Control Officer 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 Health Department or other official, as designated by the Township governing body, the Board of Health of the Township and the State Department of Health the results of the canvass, setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs, the number of licensed dogs owned, kept or harbored by each of the persons, together with the registration number of each of the dogs and the number of unlicensed dogs owned, kept or harbored by each of the persons, together with the complete description of each of the unlicensed dogs.
[Amended 10-1-2013 by Ord. No. 2729-13]
B. 
The duties to be performed under this section shall be under the supervision and control of the Chief of Police.
A. 
Causes for impounding. The Animal Control Officer shall take into custody and impound any dog found running at large upon any public place or upon private property that is not the property of the dog owner.
[Amended 10-1-2013 by Ord. No. 2729-13]
B. 
Access to premises. Any Animal Control Officer or agent authorized or empowered to perform any duty under this article is authorized to go upon any premises to seize for impounding any dog which he may lawfully seize and impound when such officer or agent is in immediate pursuit of such dog, except upon the premises of the owner of the dog if the owner is present and forbids the same. Any Animal Control Officer or agent authorized or empowered to perform any duty under this article in respect to other animals is hereby authorized to go upon any premises to perform the duties when the officer or agent is in pursuit of such animal, except upon any premises where the owner of the premises is present and forbids the same.
C. 
Notice of seizure. When the owner of an impounded dog is determined by the Animal Control Officer, the Animal Control Officer shall notify the owner of the dog that the dog is impounded. The owner of the dog shall be responsible for any impoundment, boarding or veterinarian costs associated with the seizure or impounding.
[Amended 10-1-2013 by Ord. No. 2729-13]
D. 
Disposition of unclaimed dogs. Dogs that are impounded and unclaimed for 10 calendar days shall become eligible for adoption or they may be humanely euthanized.
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:
A. 
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 such dog securely fastened thereto.
B. 
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.
C. 
Interference with official duties. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
D. 
No person shall own, keep, harbor or maintain any dog which habitually barks or cries continuously at any hour of the day or night.
[Amended 10-7-1980 by Ord. No. 1564]
E. 
Running at large. No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park, public building or other public place within the Township.
F. 
Leashing of dogs. 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 unless such dog is securely confined and controlled by an adequate leash not more than six feet long. Additionally, no dog, leashed or unleashed, shall be permitted to enter upon any basketball, tennis or paddle tennis courts within the Township of Maplewood.
[Amended 1-17-2017 by Ord. No. 2846-17]
G. 
Property damage. No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flower, grounds or property.
H. 
No person owning, keeping, harboring, walking or in charge of any dog shall cause, suffer, permit or allow such dog to soil, defile or defecate on any common thoroughfare, street, sidewalk, passageway, road, bypath, play area, park or place where people congregate or walk, or upon any public property whatsoever or upon any private property without the permission of the owner of the private property in the last instance. When the dog shall defecate on the areas aforesaid, it shall not be considered a violation of this article if, and only if, the person owning or in charge or control shall immediately remove and dispose of all feces thus deposited in a sanitary manner. The provisions of this section shall not apply to blind persons who may use dogs as guides.
[Added 6-15-1976 by Ord. No. 1465; amended 9-21-1982 by Ord. No. 1616]
[1]
Editor's Note: Former § 113-13, Pound Master, was repealed 10-1-2013 by Ord. No. 2729-13.
A. 
The Township Committee may, by resolution, appoint one or more Animal Control Officers and shall fix the compensation and term of office of such Animal Control Officer. The Animal Control Officer shall perform the duties herein designated under the direct supervision and control of the Health Officer.
[Amended 10-1-2013 by Ord. No. 2729-13]
B. 
In addition to the enforcement of the provisions relating to dogs contained in this article, the Animal Control Officer shall take such measures as he and the Health Officer deem advisable and appropriate for the control of other animals in order to prevent or stop the destruction of property by such other animals and to prevent or stop such other animals from being or becoming a hazard to the health or safety of persons within the Township and to prevent or stop them from disturbing the peace and quiet of the neighborhood in which they shall be kept or found.[1]
[1]
Editor's Note: Former Subsection C, concerning the shooting and disposition of wildlife, which immediately followed this subsection, was repealed 10-1-2013 by Ord. No. 2729-13.
[1]
Editor's Note: Former § 113-15, Vicious animals, added 2-2-1988 by Ord. No. 1743, was repealed 10-1-2013 by Ord. No. 2729-13 as being preempted by N.J.S.A. 4:19.
[Added 6-15-1976 by Ord. No. 1465; amended 10-6-2009 by Ord. No. 2600-09; 11-7-2012 by Ord. No. 2706-12]
A. 
Any person found in violation of the provisions of this article shall be subject to a fine as follows:
(1) 
First offense: $50.
(2) 
Second offense: $100.
(3) 
Any subsequent offense: an amount not to exceed $500.
B. 
Each day a violation continues shall be deemed a separate offense.
[Added 6-15-1976 by Ord. No. 1465; amended 10-1-2013 by Ord. No. 2729-13]
The provisions of this article shall be enforced by the Maplewood Police Department, the Maplewood Animal Control Officer, the Maplewood Health Officer and any Township official designated by the Township governing body.