Saturday, July 18, 2015

East Windsor Dog ordinance 7-8 Regulations and penalty

East Windsor Dog ordinance

7-8        Regulations.

      No person shall own, keep or harbor a dog in the township except in compliance with the provisions of this chapter and the following regulations.

      7-8.1     Wearing of Registration. Each dog which is required by the provisions of this chapter to be licensed shall wear a collar or harness with its registration tag securely fastened thereto.

      7-8.2     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 its owner, nor shall any person attach a registration tag to a dog for which it was not issued.

      7-8.3     Interference with Official Duties. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.

      7-8.4     Disturbing the Peace. No person shall own, keep, harbor or maintain any dog which habitually barks or cries between the hours of 8:00 p.m. and 8:00 a.m.

      7-8.5     Running-at-large. No person owning, keeping or harboring a dog shall permit it to run at large on any public property or to run at large on private property without permission of the owner of such property.

      7-8.6     Leashing Control. No person owning, keeping or harboring a dog shall permit it to be on any public property or any private property without permission of the owner of such property if the dog is not securely controlled by a leash.

      7-8.7     Property Damage. No person owning, keeping or harboring a dog shall permit it to do any injury, or to do damage to any lawn, shrubbery, flowers, grounds or property.


      7-8.8     Nuisances Prohibited; Curbing of Dogs; Responsibility of Owner. No person owning, or in charge of any dog shall allow such dog to defecate upon any public or private property whatsoever, except with the expressed authority or permission of the owner of said property. The restriction in this subsection shall not apply to the portion of the street lying between the curblines which may be used to curb such dogs provided that the person who so curbs such dog shall immediately remove all feces deposited by such dog by placing the feces in a closed bag or other container and depositing same in a trash receptacle which is regularly emptied by the municipality or some other refuse collector, or disposed into a system designed to convey domestic sewage for proper treatment and disposal.

7-1        Definitions.

      As used in this chapter:
      "Dog" shall mean any dog, bitch or spayed bitch.
      "Dog of licensing age" shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
      "Vicious dog" shall mean any dog which has been declared by a municipal judge to be a vicious dog which has attacked or bitten any human being, or which habitually attacks other dogs or domestic animals.
      "Kennel" shall mean any establishment where the business of boarding or selling dogs or breeding dogs for sale is carried on, except, a pet shop.
      "Pet shop" shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, where dogs for sale are kept or displayed.
      "Pound" shall mean an establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
      "Shelter" shall mean any establishment where dogs are received, housed and distributed without charge.
      "Owner," when applied to the proprietorship of a dog, shall mean and include every person having a right of property in such dog and every person who has such dog in his keeping.
      "Keeper" shall mean any person exercising control over a dog or permitting a dog to remain on premises under his control.

5-8        Penalty.


      5-8.1     Maximum Penalty. For violations of any provision of this chapter, any other chapter of this revision, or any other ordinance of the township where no specific penalty is provided regarding the section violated, the maximum penalty shall, upon conviction of a violation, be one or more of the following: a fine not exceeding two thousand ($2,000.00) dollars, or imprisonment for a period not exceeding 90 days, or to a period of community service not exceeding 90 days at the discretion of the municipal court judge. Penalties for housing and zoning violation in excess of one thousand two hundred fifty ($1,250.00) dollars shall not be imposed unless the owner of the property was provided with a 30 day period to cure or abate any violations and the owner of the property was afforded the opportunity for a hearing before a court of competent jurisdiction to determine if the abatement of any violation has been substantially completed. (N.J.S.A. 40:49-5)

      5-8.2     Separate Violations. Except as otherwise provided, each and every day in which a violation of any provision of this chapter or any other ordinance of the township exists shall constitute a separate violation.

      5-8.3     Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.

Monday, July 13, 2015

4:22-48.1. Owner to bear expen

4:22-48.1.   Owner to bear expenses      a.   A person authorized to take possession of a living animal or creature pursuant to R.S. 4:22-47 may provide such shelter, care, and treatment therefor, including veterinary care and treatment, that is reasonably necessary, the costs of which shall be borne by the owner of the seized animal or creature.

    b.   Notwithstanding the provisions of R.S. 4:22-48 to the contrary, a person seizing a living animal or creature pursuant to R.S. 4:22-47 may destroy it before it is adjudged forfeited if the animal or creature is thought to be beyond reasonable hope of recovery, the cost of which destruction shall be borne by the owner of the seized animal or creature. A person destroying an animal or creature pursuant to the authority of this subsection shall not be liable therefor to the owner of the animal or creature.

    L. 1989, c. 35, s. 6. 
 
4:22-48.2  Owner of confiscated animal responsible for certain costs


1.  The costs of sheltering, caring for, or treating any animal that has been confiscated from a person arrested pursuant to the provisions of R.S.4:22-47 by an agent of the New Jersey Society for the Prevention of Cruelty to Animals, or any other person authorized to make an arrest pursuant to article 2 of chapter 22 of Title 4 of the Revised Statutes, until the animal is adjudged forfeited or until the animal is returned to the owner, shall be borne by the owner of the animal.

L.1997,c.121.
 4:22-50.  Care of animal when person in charge arrested    When a person arrested under the provisions of this article, is in charge of  an animal at the time of the arrest, with or without a vehicle attached, and  there is no one then present, other than the person arrested, to take charge of  the property as owner or employee, the person making the arrest may take charge  thereof or request a proper person to do so.

    The person making the arrest shall promptly notify the owner of the taking of the property and its place of custody, either in person, by telephone or by mailing a notice to his last known post-office address, and a person in charge of the property at the time of the arrest, with permission of the owner, shall be deemed the agent of the owner to receive such notice.
 
4:22-50.1.   Petition for animal pound receivership      When the owner or operator of an animal pound or shelter is arrested pursuant to the provisions of article 2 of chapter 22 of Title 4 of the Revised Statutes by an agent of the New Jersey Society for the Prevention of Cruelty to Animals or any other person authorized to make the arrest under that article, or when the warrant is issued for the arrest, the person making the arrest or any other officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals may petition the Chancery Division of Superior Court to remove the owner or operator as custodian of the animals and appoint a receiver to operate the pound or shelter.  The petitioner shall serve a copy of the petition on the Department of Health, the local board of health, and the owner or operator.

    L. 1986, c. 89, s. 1, eff. Aug. 14, 1986. 
 
4:22-50.2.   Appointment; notice, hearing 

The court may appoint a responsible person as a receiver upon a finding that the appointment is in the best interests of the animals at the pound or shelter.

    A court shall not appoint a receiver without a hearing except upon a finding that immediate and irreparable harm to the animals may result. The owner shall be given notice of the hearing in a manner designated by the court.  After receipt of this notice the owner shall be granted an opportunity to contest the imposition of the receivership at the hearing.

    L. 1986, c. 89, s. 2, eff. Aug. 14, 1986. 
 
4:22-50.3.   Powers of receiver; compensation     The receiver shall be the custodian of the animals at the pound or shelter and shall have control over all real and personal property necessary for the daily operation of the pound or shelter.  The receiver may assume the role of the administrator of the pound or shelter and take control of the daily operations or direct the owner or operator in the performance of his duties.

   The court shall allow from the revenues of the pound or shelter a reasonable amount of compensation for the expenditures and services of the receiver.  The revenues in excess of the cost of the receivership are to be paid to the owner of the pound or shelter.  The owner is liable for a deficiency in the costs of the receivership, unless the deficiency results from the gross negligence, incompetence, or intentional misconduct of the receiver, in which case the receiver shall be liable for the deficiency. The receiver may be required to furnish a bond, the amount and form of which shall be approved by the court.  The cost of the bond shall be paid for by the shelter or pound.

   L. 1986, c. 89, s. 3, eff. Aug. 14, 1986. 
 
4:22-50.4.   Presentation, settlement of accounts     The court shall require the filing, at periodic intervals, of reports of action taken by the receiver and of accounts itemizing the revenues and expenditures.  The reports shall be open to inspection to all parties to the case.  Upon motion of the court, the receiver, or owner or operator, the court may require a presentation or settlement of the accounts.  Notice of a motion for presentation or settlement of the accounts shall be served on the owner or operator or any party of record who appeared in the proceeding and any party in interest in the revenues and expenditures.

   L. 1986, c. 89, s. 4, eff. Aug. 14, 1986. 
 
4:22-50.5.   Termination of receivership 

The receiver, owner, or operator may make a motion to terminate the receivership on grounds that the conditions complained of have been eliminated or remedied.  The court may immediately terminate the receivership, or terminate the receivership subject to the terms the court deems necessary or appropriate to prevent the condition complained of from recurring.

   L. 1986, c. 89, s. 5, eff. Aug. 14, 1986. 
 
4:22-50.6.   Pounds subject to act     This act applies to pounds and shelters as defined and licensed pursuant to P.L. 1941, c. 151 (C.4:19-15.1 et seq.); to pounds and places of confinement owned and operated by municipalities, counties, or regional governmental authorities; and to every contractual warden or impounding service.

   L. 1986, c. 89, s. 6, eff. Aug. 14, 1986. 
 
4:22-51.  Supplying necessary food to animals impounded by another    When a living animal or creature is impounded or confined as provided in section 4:22-19 of this title, and shall continue to be without necessary food and water for more than twelve successive hours, any person may, from time to time as often as is necessary, enter into or upon the pound in which the animal  or creature is impounded or confined and supply it with necessary food and  water so long as it shall remain impounded or confined. Such person shall not  be liable to an action for such entry.

    The actual cost of the food, water and bedding, together with twenty per cent additional, may be collected by such person from the owner of the animal or creature in an action at law, together with costs, and the animal or creature shall not be exempt from levy and sale upon an execution issued upon a  judgment therefor.
 
4:22-52.  Seizure and sale of vehicle transporting animals in cruel manner
The person arresting the person offending against the provisions of section  4:22-18 of this title shall take charge of the vehicle and its contents, and  all necessary expenses which may be incurred for taking charge of and keeping  and sustaining them shall be a lien thereon, to be paid before they can be  lawfully redeemed.

    If the vehicle and its contents are not redeemed within ten days from the time of the seizure, the person making the seizure shall cause them to be advertised for sale by advertisements published in a newspaper circulating in the neighborhood in which the seizure was made for at least three times in a daily paper or one time in a weekly paper, stating the time and place of the sale and the reason for the sale.

    At the appointed time and place such person shall sell the vehicle and its contents to the highest bidder and out of the proceeds thereof shall pay all necessary expenses incurred, paying over the balance to the owner.

    If the proceeds of the sale are insufficient to pay such expenses, the balance may be recovered by the person making the seizure from the owner in an action at law.
 
4:22-53.  Sale of animals abandoned in disabled condition    An animal or creature abandoned in a maimed, sick, infirm or disabled condition, if fit for further use, may be advertised and sold in the manner directed by a court of competent jurisdiction or agent of the New Jersey Society for the Prevention of Cruelty to Animals.

    The proceeds, after deducting expenses, shall be paid to the district (county) society for the prevention of cruelty to animals, if one is in existence in the county;  if not, then to the New Jersey society.

     Amended by L.1953, c. 5, p. 53, s. 84.
 
4:22-54.  Destruction of animals found in disabled condition    When an animal or creature is found on the highway or elsewhere, whether abandoned or not, in a maimed, sick, infirm or disabled condition, a court of competent jurisdiction or sheriff of the county, or agent of the New Jersey Society for the Prevention of Cruelty to Animals, may appoint a suitable person  to examine and destroy such animal or creature if unfit for further use.

     Amended by L.1953, c. 5, p. 54, s. 85.

4:22-48. Forfeiture, sale of seized animals

4:22-48.     Forfeiture, sale of seized animals      4:22-48.  The person seizing animals, creatures, implements or appliances as authorized in section 4:22-47 of this Title, shall, within 24 hours thereafter, apply to a court of competent jurisdiction to have the same forfeited and sold.

    If, upon the hearing of the application, it is found and adjudged that at the time of the seizure the animals, creatures, implements or appliances were engaged or used in violation of section 4:22-47 or paragraphs "e," "f," "g," "u," "v," or "w" of section 4:22-26 of this Title, or were owned, possessed or kept with the intent that they should be so engaged or used, they shall be adjudged forfeited, and the court shall order the same sold in such manner as it shall deem proper, and after deducting the costs and expenses, shall dispose of the proceeds as provided in section 4:22-55 of this Title.

    A bird or animal found or adjudged to be of no use or value may be liberated or disposed of as directed by the court.

    The costs of sheltering, caring for, treating, and if necessary, destroying an animal or creature, including veterinary expenses therefor, until the animal or creature is adjudged forfeited and sold, liberated, or disposed of pursuant to this section shall be borne by the owner of the animal or creature.

    A creature or property which is adjudged not forfeited shall be returned to the owner, and the person making the seizure shall pay all costs and expenses thereof. 

4:22-47 Warrentless arrest for fighting or baiting offenses.



4:22-47.  A sheriff, undersheriff, constable, police officer, certified animal control officer who has been properly authorized pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b), or humane law enforcement officer of the New Jersey Society for the Prevention of Cruelty to Animals or of a county society for the prevention of cruelty to animals, may enter any building or place where there is an exhibition of the fighting or baiting of a living animal or creature, where preparations are being made for such an exhibition, or where a violation otherwise of R.S.4:22-24 is occurring, arrest without warrant all persons there present, and take possession of all living animals or creatures engaged in fighting or there found and all implements or appliances used or to be used in such exhibition.

4:22-46. Search warrants; issuance

4:22-45 Notice to State, district society of arrest; exceptions.

4:22-45  Notice to State, district society of arrest; exceptions.
4:22-45.  Where an arrest is made under the provisions of this article by a constable,  sheriff, undersheriff or police officer in a locality where the New Jersey society, or a district (county) society, for the prevention of cruelty to animals exists, he shall give notice to the State or district (county) society at once, whereupon such State or district (county) society shall take charge of the case and prosecute it under the provisions of this article.  No magistrate shall hear any such case until proof is made of the service of such notice on the State or district (county) society.

The provisions of this section shall not apply to certified animal control officers who have been properly authorized pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b) to make arrests.

4:22-44 Arrests with, without warrant.

4:22-44  Arrests with, without warrant.
4:22-44.  Any humane law enforcement officer of the New Jersey Society for the Prevention of Cruelty to Animals or of a county society for the prevention of cruelty to animals, or any sheriff, undersheriff, constable, certified animal control officer who has been properly authorized pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b), or police officer may:

a.Make arrests for violations of this article;

b.Arrest without warrant any person found violating the provisions of this article in the presence of such humane law enforcement officer, sheriff, undersheriff, constable, police officer or a certified animal control officer who has been properly authorized pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b), and take such person before the nearest judge or magistrate as provided in this article.

4:22-33. Security for appearance where defendant nonresident or desires continuance

4:22-32 Enforcement and collection of penalties; warrant.

4:22-29 Jurisdiction for action for penalty.

4:22-28 Civil, criminal actions separate.

4:22-26.1.Confiscation, forfeiture of animal

4:22-26. Penalties for various acts constituting cruelty. Civil

4:22-26.  Penalties for various acts constituting cruelty. Civil
4:22-26.  A person who shall:

a. (1) Overdrive, overload, drive when overloaded, overwork, abuse, or needlessly kill a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;

(2)Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or needlessly mutilate a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;

(3)Cause the death of, or serious bodily injury to, a living animal or creature from commission of any act described in paragraph (2), (4), (5), or (6) of this subsection, by any direct or indirect means, including but not limited to through the use of another living animal or creature, or otherwise cause or procure any such acts to be done;

 (4) Fail, as the owner or a person otherwise charged with the care of a living animal or creature, to provide the living animal or creature with necessary care, or otherwise cause or procure such an act to be done; or

(5)Cause bodily injury to a living animal or creature from commission of the act described in paragraph (4) of this subsection;

b.(Deleted by amendment, P.L.2003, c.232)

c.Inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or leave the living animal or creature unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature;

d.Receive or offer for sale a horse that is suffering from abuse or neglect, or which by reason of disability, disease, abuse or lameness, or any other cause, could not be worked, ridden or otherwise used for show, exhibition or recreational purposes, or kept as a domestic pet without violating the provisions of this article;

e.Keep, use, be connected with or interested in the management of, or receive money or other consideration for the admission of a person to, a place kept or used for the purpose of fighting or baiting a living animal or creature;

f.Be present and witness, pay admission to, encourage, aid or assist in an activity enumerated in subsection e. of this section;

g.Permit or suffer a place owned or controlled by him to be used as provided in subsection e. of this section;

h.Carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhumane manner;

i.Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for business purposes;

j.Impound or confine or cause to be impounded or confined in a pound or other place a living animal or creature, and shall fail to supply the living animal or creature during such confinement with a sufficient quantity of good and wholesome food and water;

k.Abandon a maimed, sick, infirm or disabled animal or creature to die in a public place;

l.Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, a horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the health or life of human beings or animals, or who shall, when any such disease is beyond recovery, refuse, upon demand, to deprive the animal of life;

m.Own, operate, manage or conduct a roadside stand or market for the sale of merchandise along a public street or highway; or a shopping mall, or a part of the premises thereof; and keep a living animal or creature confined, or allowed to roam in an area whether or not the area is enclosed, on these premises as an exhibit; except that this subsection shall not be applicable to:  a pet shop licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); a person who keeps an animal, in a humane manner, for the purpose of the protection of the premises; or a recognized breeders' association, a 4-H club, an educational agricultural program, an equestrian team, a humane society or other similar charitable or nonprofit organization conducting an exhibition, show or performance;

n.Keep or exhibit a wild animal at a roadside stand or market located along a public street or highway of this State; a gasoline station; or a shopping mall, or a part of the premises thereof;

o.Sell, offer for sale, barter or give away or display live baby chicks, ducklings or other fowl or rabbits, turtles or chameleons which have been dyed or artificially colored or otherwise treated so as to impart to them an artificial color;

p.Use any animal, reptile, or fowl for the purpose of soliciting any alms, collections, contributions, subscriptions, donations, or payment of money except in connection with exhibitions, shows or performances conducted in a bona fide manner by recognized breeders' associations, 4-H clubs or other similar bona fide organizations;

q.Sell or offer for sale, barter, or give away living rabbits, turtles, baby chicks, ducklings or other fowl under two months of age, for use as household or domestic pets;

r.Sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl, or rabbits, turtles or chameleons under two months of age for any purpose not prohibited by subsection q. of this section and who shall fail to provide proper facilities for the care of such animals;

s.Artificially mark sheep or cattle, or cause them to be marked, by cropping or cutting off both ears, cropping or cutting either ear more than one inch from the tip end thereof, or half cropping or cutting both ears or either ear more than one inch from the tip end thereof, or who shall have or keep in the person's possession sheep or cattle, which the person claims to own, marked contrary to this subsection unless they were bought in market or of a stranger;

t.Abandon a domesticated animal;

u.For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature;

v.Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or creature for the purpose of fighting or baiting that animal or creature;

w.Gamble on the outcome of a fight involving a living animal or creature;

x.Knowingly sell or barter or offer for sale or barter, at wholesale or retail, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat, unless such fur or hair for sale or barter is from a commercial grooming establishment or a veterinary office or clinic or is for use for scientific research;

y. (1) Knowingly sell or barter, or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a domestic dog or cat, or any product made in whole or in part from the flesh of a domestic dog or cat;

(2)Knowingly slaughter a horse for human consumption;

(3)Knowingly sell or barter, or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a horse, or any product made in whole or in part from the flesh of a horse, or knowingly accept or publish newspaper advertising that includes the offering for sale, trade, or distribution of any such item for human consumption;

(4)Knowingly transport a horse for the purpose of slaughter for human consumption;

(5)Knowingly transport horsemeat, or any product made in whole or in part from the flesh of a horse, for the purpose of human consumption;

z.Surgically debark or silence a dog in violation of section 1 or 2 of P.L.2002, c.102 (C.4:19-38 or C.4:19-39);

aa.Use a live pigeon, fowl or other bird for the purpose of a target, or to be shot at either for amusement or as a test of skill in marksmanship, except that this subsection and subsections bb. and cc. shall not apply to the shooting of game;

bb.Shoot at a bird used as described in subsection aa. of this section, or is a party to such shooting; or

cc.Lease a building, room, field or premises, or knowingly permit the use thereof for the purposes of subsection aa. or bb. of this section --

Shall forfeit and pay a sum according to the following schedule, to be sued for and recovered, with costs, in a civil action by any person in the name of the New Jersey Society for the Prevention of Cruelty to Animals or a county society for the prevention of cruelty to animals, as appropriate, or, in the name of the municipality if brought by a certified animal control officer or animal cruelty investigator:

For a violation of subsection e., f., g., u., v., w., or z. of this section or of paragraph (3) of subsection a. of this section, or for a second or subsequent violation of paragraph (2) or (5) of subsection a. of this section, a sum of not less than $3,000 nor more than $5,000;

For a violation of subsection l. of this section, for a first violation of paragraph (2) or (5) of subsection a. of this section, a sum of not less than $1,000 nor more than $3,000;

For a violation of paragraph (4) of subsection a. of this section, or subsection c. of this section, a sum of not less than $500 nor more than $2,000;

For a violation of subsection x. or paragraph (1) of subsection y. of this section, a sum of not less than $500 nor more than $1,000 for each domestic dog or cat fur or fur or hair product or domestic dog or cat carcass or meat product sold, bartered, or offered for sale or barter;

For a violation of paragraph (2), (3), (4), or (5) of subsection y. of this section, a sum of not less than $500 nor more than $1,000 for each horse slaughtered or transported for the purpose of slaughter for human consumption, or for each horse carcass or meat product transported, sold or bartered, or offered or advertised for sale or barter;

For a violation of subsection t. of this section, a sum of not less than $500 nor more than $1,000, but if the violation occurs on or near a highway, a mandatory sum of $1,000;

For a violation of subsection d., h., j., k., aa., bb., or cc. of this section or of paragraph (1) of subsection a. of this section, a sum of not less than $250 nor more than $1,000; and

For a violation of subsection i., m., n., o., p., q., r., or s. of this section, a sum of not less than $250 nor more than $500.

amended 1949, c.294; 1951, c.270; 1953, c.5, s.63; 1954, c.175; 1974, c.18; 1977, c.229, s.2; 1983, c.103; 1989, c.35, s.2; 1991, c.108, s.2; 1998, c.105, s.3; 1999, c.307, s.3; 2000, c.162, s.2; 2001, c.229, s.4; 2002, c.102, s.8; 2003, c.232, s.3; 2005, c.105, s.2; 2005, c.372, s.16; 2012, c.52, s.2; 2013, c.88, s.3.