Chapter 47. Pets & Animal Abuse
CHAPTER 47 PETS & ANIMAL ABUSE
§ 47-1. Definitions.
§ 47-2. License required; licensing authority.
§ 47-3. Application for license and tag; display of tag.
§ 47-4. Fees; expiration and renewal.
§ 47-5. Seeing Eye dogs.
§ 47-6. Newly acquired dogs and cats or dogs and cats attaining licensing age.
§ 47-7. Dogs and Cats brought from outside township.
§ 47-8. Application information; registration numbers.
§ 47-9. Rabies vaccination required.
§ 47-10. Dog Canvass.
§ 47-11. Impoundment; notice of seizure; disposition.
§ 47-12. Authorization to enter premises.
§ 47-13. Habitual barking.
§ 47-14. Running at large.
§ 47-15. Property damage.
§ 47-15.1. Control and Clean-Up.
§ 47-15.2. Noxious Odors; Nuisance.
§ 47-15.3. Complaints of Violation.
§ 47-16. Removal of registration tags; false tags.
§ 47-17. Licensing requirements for kennels or pet shops.
§ 47-18. License fees for kennels and pet shops.
§ 47-19. Control of dogs and cats in kennels and pet shops.
§ 47-20. Disposition of fees collected.
§ 47-21. Vicious dogs.
§47-22. Animal Abuse.
§ 47-23. Violations and penalties.
§47-24. Repealer.
§47-25. Severability.
§47-26. When effective.
[HISTORY: Adopted by Township Council of the Township of Gloucester 10-12-83 as Ord. No. 0-83-41. Amendments noted where applicable]
Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:
§ 47-1. Definitions and Word Usage.
A. Definitions. As used in this ordinance, the following terms shall have the meanings indicated: [Amended on 09-25-06 by Ord. O-06-28]
ANIMAL CARE FACILITY - Animal care facility means 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.
ANIMAL RESCUE ORGANIZATION - Animal rescue organization means any not-for-profit organization which has tax-exempt status under Section 501 (c) (3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
OFFER FOR SALE - Offer for sale means to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
PET SHOP - Pet shop means a retail establishment where dogs and cats are kept in any room or group of rooms, cage or exhibition pen and are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Pet shops are prohibited in all residential zones. Such definition shall not include an animal care facility or animal rescue organization, as defined.
[Amended on 12-28-15]
B. Word Usage. The singular shall include the plural.
§ 47-2. License required, Licensing authority.
No person shall keep or harbor any dog or cat within the Township of Gloucester, in the County of Camden, without first obtaining a license, therefore, to be issued by the Township Clerk upon application by the owner and payment of a prescribed fee, and no person shall keep or harbor any dog or cat in said Township except in compliance with the provisions of this ordinance. [Amended on 09-25-06 by Ord. O-06-28]
§ 47-3 Annual procurement of license and registration tag; tag to be worn by dog or cat.
Any person who shall own, keep or harbor a dog or cat of licensing age shall in the month of January of each year, apply for and procure from the Office of the Township Clerk a license and official registration tag for each such dog or cat owned, kept or harbored and shall place upon each such dog or cat a collar or harness with the registration tag securely fastened thereto.
§ 47-4. Fees; expiration date of license and registration.
The person applying for the license and registration tag shall pay a fee of twenty one dollars ($21.00) for the registration of each spayed dog or cat and twenty four dollars ($24.00) for the registration of each unspayed dog or cat, before January 31st of each calendar year, effective January 1, 2008. A late fee of fifteen ($15.00) dollars shall be charged for each license not applied for by March 31st of each calendar year. (Amended on 10-15-86 by Ord. O-86-30) (Amended on 10-10-94 by Ord.O-94-45) (Amended on 04-22-96 by Ord. O-96-17) (Amended on 06-28-99 by Ord. O-99-19)[Amended on 11-14-05 by Ord. O-05-47][Amended on 09-25-06 by Ord. O-06-28]
[Deleted paragraph on 11-27-06 by Ord. O-06-34][Amended on 10-22-07 by Ord. O-07-26]
Any person applying for a license and registration tag for a dog determined to be potentially dangerous pursuant to N.J.S.A. 4:19-17 et seq. of the laws of the State of New Jersey shall pay an annual fee of $700.00. (Amended on 04-22-96 by Ord. O-96-17)
(Amended on 10-15-86 by Ord. O-86-30, Amended on 10-10-94 by Ord. O-94-45, Amended on 11-14-95 by Ord. O-95-54, Amended on 04-22-96 by Ord. O-96-17)[Amended on 11-27-06 by Ord. O-06-34]
§ 47-5. Seeing Eye Dogs.
Dogs used as guides for blind persons and 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.
§ 47-6. Dogs or cats attaining licensing age; newly acquired dogs or cats.
The owner of any newly acquired dog or cat of licensing age or of any dog or cat which attains licensing age shall make application for a license and registration tag for such dog or cat within ten (l0) days after such acquisition or age attainment. [Amended on 09-25-06 by Ord. O-06-28]
§ 47-7. Dogs or Cats brought from outside township.
[Amended on 09-25-06 by Ord. O-06-28]
A. Any person who shall bring or cause to be brought into the Township of Gloucester any dog or cat 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 ninety (90) days, shall immediately apply for a license and registration tag for each such dog or cat, unless such dog or cat is licensed under another section of this ordinance.
B. Any person who shall bring or cause to be brought into the Township any unlicensed dog or cat, and shall keep the same or permit the same to be kept within the Township for a period of more than ten (10) days, shall immediately apply for a license and registration tag for each such dog or cat, unless such dog or cat is licensed under another section of this ordinance.
§ 47-8. Application information; registration numbers.
A. The application shall state the breed, sex, age, color and markings of the dog or cat 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 and telephone number of the owner and the person who shall keep or harbor such dog or cat.
B. The information on said application and said registration number issued for the dog or cat shall be preserved for a period of three (3) years by the Township Clerk. [Amended on 11-27-06 by Ord. O-06-34]
§ 47-9. Inoculation against rabies.
A. No person in the Township of Gloucester shall own, possess, harbor or have in custody any dog or cat over seven (7) months of age unless such dog or cat has been vaccinated or inoculated against rabies by a licensed veterinarian. Such vaccination or inoculation shall consist of an anti-rabies vaccine of standard and accepted quality and formula, the duration of which shall be noted on the vaccination certificate or tag.
B. No license or registration tag will be issued unless proof of rabies vaccination or inoculation has been presented to the Township Clerk.
C. Registration numbers shall be issued in the order of the applications.
§ 47-10. Dog canvass.
The Township Clerk shall cause, every two years, a canvass to be made of all dogs owned, kept or harbored within the limits of the Township and shall report to the State Department of Health the result thereof.[Amended on 11-27-06 by Ord. O-06-34]
§ 47-11. Impoundment; notice of seizure; disposition.
A. Any person appointed for that purpose by the governing body of the Township shall take into custody and impound or cause to be taken into custody and impounded and thereafter destroyed or disposed of as provided in this section;
1. Any dog or cat off the premises of the owner or of the person keeping or harboring said dog or cat which said official or his agent have reason to believe is a stray dog or cat.
2. Any dog or cat off the premises of the owner or of the person keeping or harboring said dog or cat without a current registration tag on his collar.
B. If any dog or cat so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or if the owner or person keeping or harboring said dog or cat is known, any person authorized by the governing body shall forthwith serve on the person keeping or harboring said dog or cat a notice, in writing, stating that the dog or cat has been seized and will be liable to be disposed of or destroyed if not claimed within seven (7) days after the service of the notice.
C. When any dog or cat so seized has been detained for seven (7) days after notice, when notice can be given as above set forth, or has been detained for seven (7) days after seizure when notice has not been and cannot be given as above set forth, and the owner or person keeping or harboring said dog or cat has not claimed said dog or cat and paid all expenses incurred by reason of its detention, including maintenance, not exceeding ten dollars ($l0.00) for the first day and three dollars ($3.00) a day thereafter, or if the dog or cat is unlicensed at the time of the seizure and the owner or person keeping or harboring said dog or cat has not produced a license and registration tag for said dog or cat, any person authorized by the governing body may cause the dog or cat to be destroyed in a manner causing as little pain as possible. [Amended on 09-25-06 by Ord. O-06-28]
§ 47-12. Authorization to enter premises.
Any officer or agent authorized to perform any duty under this ordinance is hereby authorized to go upon any premises to seize for impounding any dog or dogs and cat or cats which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, and cat or cats, except upon the premises of the owner of the dog or cat if said owner is present and forbids the same. No person shall hinder, molest or interfere with anyone authorized to perform any duty under this ordinance. [Amended on 09-25-06 by Ord. O-06-28]
§ 47-13. Habitual barking.
It shall be unlawful for any person to own, keep, maintain, harbor, or have in possession any dog which by frequent or habitual barking, shall cause a nuisance by creating a serious annoyance or disturbance to any individual or to the neighborhood. [Amended on 04-22-96 by Ord. O-96-17] [See "Definitions & Word Usage for time frame]
§ 47-14. Running at large.
[Amended on 09-25-06 by Ord. O-06-28]
No person owning, keeping or harboring any dog or cat shall suffer or permit it to run at large upon the public streets or in any public park or in any public building or in any other public place within the Township or upon any private premises outside the premises of the owner.
§ 47-15. Property damage.
[Amended on 09-25-06 by Ord. O-06-28]
No person, owning, keeping or harboring a dog or cat shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property.
§ 47-15.1.Control and Clean-Up.
[Amended on 09-25-06 by Ord. O-06-28]
A. No person owning, possessing, harboring, keeping, walking or in custody or charge of any dog or cat shall cause, suffer, permit or allow such dog or cat to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park, school ground or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner of said property; provided however, it shall be a complete defense to a violation of this section that such person immediately shall have removed and disposed of all feces and droppings deposited by said dog in a suitable and sanitary manner.
B. Any person owning, possessing, harboring, keeping, walking or in custody or charge of any dog or cat shall have in his or her possession appropriate sanitary means to remove immediately any feces and droppings which may be deposited by such dog or cat on or in the areas enumerated or described in subsection A above. Such means shall include, but is not limited to a scooper, shovel, container, disposal bag, wrapper or other implement.
C. Disposal in a suitable and sanitary manner shall include but shall not be limited to taking the removed feces and droppings home in a container, disposal bag or wrapper and placing the same in a trash can or removing the same from the container, bag or wrapper and depositing the same in the sanitary sewer. In no event shall disposal in a suitable and sanitary matter include the placement of unwrapped feces or droppings in a trash can, or the placement or disposal into a storm sewer or the burial of said feces or droppings on or in property or areas enumerated and described in Subsection A above.
1. The prohibition contained in this Section (47-15.1) shall not apply to any blind person owning, possessing, harboring, keeping, walking, in custody or charge of, or accompanied by a guide dog or seeing eye dog.(Amended 6-25-84 by Ord. 0-84-29)
§ 47-15.2.Noxious Odors, Nuisance.
No person owning, possessing, harboring, keeping or in custody or charge of any dog or dogs or cat or cats shall cause, suffer, permit or allow the accumulation of dog and/or cat feces or droppings upon his or her property or upon property occupied by him or her to the extent that the odor may be noticeable to any adjoining property owner or owners or that it creates or results in an attraction for vermin breeding or any other public health nuisance to adjoining property owners and neighbors.(Amended 6-25-84 by Ord 0-84-29) [Amended on 09-25-06 by Ord. O-06-28][Amended on 11-27-06 by Ord. O-06-34]
§ 47-15.3.Complaints of Violation.
Complaints for the violation of Section 47-15.1 and 47-15.2 of this Chapter may be filed in the Municipal Court of the Township of Gloucester by any citizen, special officer or member of the police department.(Amended 6-25-84 By Ord 0-84-29)
§ 47-16. Removal of registration tags; false registration tags.
No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of any dog or cat without the consent of the owner, nor shall any person attach a registration tag to a dog or cat for which it was not issued. [Amended on 09-25-06 by Ord. O-06-28]
§ 47-17. Licensing requirements for kennels and pet shops.
A. Any person who keeps or operates or proposes to establish a kennel or pet shop shall apply to the Township Clerk for a license entitling him to keep or operate such establishment, which application shall describe the premises where the establishment is located or is proposed to be located and the purpose for which it is to be maintained and shall be accomplished by the written approval of the governing body, showing compliance with the local and state rules and regulations governing the location of and sanitation at such establishment.
B. All licenses issued for kennels or pet shops shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of each year and shall be subject to revocation by the governing body on the recommendation of the State Department of Health or the Mayor of the Township of Gloucester, for failure to comply with the rules and regulations of the State Department of Health or the ordinances of the Township governing the same, after the owner has been afforded a hearing by either the State Department of Health, or the governing body or as may be required by N.J.S.A. 4:19-15.8.[Amended on 05-24-04 by Ord. O-04-11]
C. 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.
D. Regulations:
1. A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:
a. An animal care facility; or
b. An animal rescue organization
2. A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old. [Ord. 0-15-17 amended 12-28-15]
§ 47-18. License fees for kennels and pet shops.
The annual license fee for a kennel providing accommodations for ten (10) or less dogs shall be ten dollars ($l0.00) and for more than ten (10) dogs, twenty-five dollars ($25.00). The annual license fee for a pet shop shall be ten dollars ($10.00). No fee shall be charged for a shelter or pound.
§ 47-19. Control of dogs or cats in kennels and pet shops.
No dog or cat kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on a leash or in a crate or under other safe control. [Amended on 09-25-06 by Ord. O-06-28]
§ 47-20. Disposition of fees collected.
A. License fees and other money collected or received under the provisions of this ordinance, except those fees which are forwarded to the State of New Jersey, shall be forwarded to the Treasurer of the Township and shall be placed in two special accounts separate from any of the other accounts and shall be used for the following purposes: [Amended on 11-27-06 by Ord. O-06-34]
1. For collecting, keeping and impounding of dogs and cats liable to seizure under this ordinance.
2. For local prevention and control of rabies.
3. For payment of damage to or losses of poultry and domestic animals, except dogs and cats, caused by unknown dog or dogs.
4. For canvass of unlicensed dogs as prescribed by the State of New Jersey.
5. For administering the provisions of this ordinance.
6. For providing for dog control in the Township.
B. The registration tag fee of $l.00 for each dog, and all other fees collected in connection with dog licensing and registration shall be forwarded within thirty (30) days after collection by the Township Clerk to the State Department of Health.
C. All Fees collected from cats will remain in the Township.[Added on 11-27-06 by Ord. O-06-34]
§ 47-21. Potentially Dangerous and Vicious Dogs.
A. It shall be the duty of the Police Department or Animal Control Officer of the Township to receive and investigate complaints against dogs, in accordance with N.J.S.A. 4:19-17 through 4:19-37.
B. The Municipal Court of the Township of Gloucester is charged with determining whether a dog is vicious or potentially dangerous based on criteria provided by State Statute, N.J.S.A. 4:19-17 through 4:19-37. No dog which has been so determined to be a vicious or potentially dangerous dog shall be permitted to run at large or be upon any street or public place in the Township of Gloucester, except while securely muzzled and under leash; and the owner or person harboring any such vicious or potentially dangerous dog who shall suffer or permit such dog to run at large or be upon any street or public place in said Township while not securely muzzled and under leash shall be guilty of a violation of this ordinance. [Amended on 10-14-98 by Ord. O-98-31]
§ 47-22. Animal Abuse.
A. No owner or person in charge shall fail to provide their animals with humane care and treatment, sufficient, good and wholesome food and water, proper shelter and protection from the weather, veterinary care, when needed to prevent suffering.
B. No person shall beat, cruelly ill-treat, torment, overload, overwork and otherwise abuse any animal or cause or permit any fight between animals or between animals and humans.
C. No owner of an animal shall abandon such animal. [Added on 11-13-02 by Ord. O-02-45]
§ 47-23. Violations and Penalties.
Any person who violates or refuses to comply with any part of the provisions of this ordinance or with the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters or pounds to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs and/or cats within and from such establishments shall be liable to a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days, or both for each offense, to be recovered by and in the name of the Township.
Any person who fails to obtain a dog and/or cat license and registration tag as herein provided shall be liable to a fine of not less than twenty five dollars ($25.00) and not more than one hundred dollars ($100.00). Any person who violates or fails to comply with any part of Sections 47-15, 47-15.2 shall upon conviction thereof be liable to a fine not to be exceed two hundred fifty dollars ($250.00) for each offense or by imprisonment for a term not exceeding thirty (30) days, or both at the discretion of the Court." [Amended on 06-25-84 by Ord. O-84-29][Amended on 06-28-99 by Ord. O-99-19][Amended on 11-27-06 by Ord. O-06-34]
License Denial
Any person found violating or refusing to comply with any part of the provisions of this Ordinance, resulting from a complaint filed in Municipal Court of the Township of Gloucester, by any citizen, special officer or member of the Police Department, on three (3) or more occasions, shall be denied the issuance of a license to keep or harbor any dog and/or cat within the Township of Gloucester and any dog and/or cat shall be removed by Order of the Municipal Court of the Township of Gloucester. (Amended on 06-28-99 by Ord. O-99-19)[Amended on 11-27-06 by Ord. O-06-34]
§47-24. Repealer.
All ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.
§47-25. Severability.
If any section, subsection or part, clause or phrase of this Ordinance shall be declared invalid by judgment of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of the ordinance.
§47-26. When effective.
This Ordinance shall take effect immediately after final passage and publication as required by law.