ORDINANCE 232-09

AN ORDINANCE AMENDING REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF UPPER FREEHOLD, COUNTY OF MONMOUTH, STATE OF NEW JERSEY CHAPTER V ANIMAL CONTROL BY ADDING TO SECTIONS 5-2 AND SECTION 5.5 REGARDING FEES AND VIOLATIONS

WHEREAS, it is necessary to amend Chapter V of the Revised General Ordinances of the Township of Upper Freehold to provide for establishing a grace period prior to issuance of a violation for failure to renew licenses in a timely manner and to increase certain fees and penalties.

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Upper Freehold, County of Monmouth, State of New Jersey, that Chapter V be amended as follows:

SECTION 1.

5-2.1. Rabies Certificate and License Required; Limitation on Number to be kept.

Add:

5-2.1.c. A two week grace period from the date of renewal will be provided. Any person who violates the two week grace period may be given a court summons by the Animal Control Officer and be subject to a minimum fine of $100.00 per dog at the discretion of the court.

5-2.3 License and Registration Tag Fees.

Amend:

5-2.3.b Any person failing to apply for a license or registration tag before February 1 in each year, either an original license and tag or renewal license and tag as set forth in this section, shall pay a late fee in the amount of twenty five ($25.00) dollars in addition to the aforesaid fee, for each dog, regardless of sex.

Add:

5-2.3.d A courtesy letter to apply for a license or registration tag will be mailed after February 1, giving the owner 30 days to submit the payment and completed application along with the late fee of $25.00.

5-2.3.e. Failure to submit an application and fees after the 30-day grace period stated in 5-2.3 may result in a court summons as determined by the animal control officer. At the discretion of the courts, a minimum fine of $200.00 per dog plus court costs will be assessed.

5-5.2 Running at Large Prohibited.

Amend:

5-5.2.a. No person owning, keeping or harboring such dog or other animal shall suffer or permit it to run at large upon the public streets or in an public park or in any public c building or in any other public place within the Township. No person shall permit a dog or other animal to run at large upon any private property unless they have previously secured the written permission of the owner.

Add:

5-5.2.b. At the discretion of the Animal Control Officer a verbal warning may be issued for the first offense; a written warning for the second offense; and a court summons for the owner to appear in municipal court for the third offense. At the discretion of the court a minimum fine of $100.00 to a maximum fine of $2000.00 maybe assessed in addition to court costs.

5-5.5 Vicious Dogs.

Add:

5-5.5.c. At the discretion of the Animal Control Officer a court summons may be issued for the owner to appear in municipal court. At the discretion of the court a minimum fine of $100.00 to a maximum fine of $2000.00 may be assess in addition to court costs.

5-5.6 Impounding of Dogs at Large; Disposition.

Amend:

5-5.6.d. When any dog 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, whether or not notice has been given as above set forth, and if the owner or person keeping or harboring dog has not claimed the dog and paid all expenses incurred by reason of its detention, including maintenance not exceeding twelve ($12.00) dollars per day, and if the dog is unlicensed at the time of the seizure and the owner or person keeping or harboring the dog has not produced a license and registration tag for the dog, the Pound master may cause the dog to be destroyed in a manner causing as little pain as possible.

Add:

5-5.6.e. The cost of any medical treatments deemed necessary while a dog is impounded shall be the responsibility of the owner of the dog.

SECTION 2. If the provisions of any section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a Court of competent jurisdiction, such Ordinance or Judgment shall not affect or invalidate the remainder of any Section, subsection, paragraph, subdivision or clause of this Ordinance, or any other Ordinance which is referred to herein be reference and to this end the provisions of this Section, subsection, paragraph, subdivision or clause of this Ordinance are hereby declared to be severable. Should any clause, sentence or other part of this Ordinance be adjudged invalid by a court of competent jurisdiction, such Judgment shall not affect, impair, or invalidate the remainder of this Ordinance.

SECTION 3. This Ordinance shall be effective upon adoption and publication in accordance with law.