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Sample Legislation: Animal Cruelty

Animal Cruelty

There's no law that requires pet owners to have common sense, but there can be laws prohibiting cruelty to dogs and other domestic animals. Sample legislation requires owners to keep animal enclosures clean and sanitary; protection from the elements must be provided, as should food and water on a daily basis as well as bedding. The size of the enclosure can be determined based on the number of dogs. Responsibilities of dog owners with invisible fencing are spelled out. There also are regulations on leaving animals in vehicles, including the authority of law enforcement to remove animals at risk of suffering. The responsibilities of persons who accidentally strike a dog or cat with their car are also set forth. Law enforcement has the authority to seize and impound animals for humane reasons and veterinary care, and the municipality has the right to refuse to return tortured animals to their owners. Pet owners may be negligent, ignorant or careless in treatment of their pets, but there are ways to protect the animals.

Sample Ordinances:

Village of Elmsford, NY: Ch. 89
Town of Yorktown, NY: Ch. 115
City of Oneida, NY: Ch. 17
Township of Galloway, NJ: Ch. 107

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Village of Elmsford, NY:

Chapter 89 
 ANIMALS

[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 6-1-1992 by L.L. No. 12-1992. Amendments noted where applicable.]

§ 89-1. Findings; purpose.

  1. The Board of Trustees finds that the running at large and other uncontrolled behavior of dogs, cats and other domestic animals have caused physical harm to persons, damage to property and created a nuisance within the village.

  2. The purpose of this chapter is to protect the health, safety and well-being of persons and property by imposing restrictions and regulations upon the keeping or running at large of dogs, cats and other domestic animals and the seizure thereof; also, to enforce the humane treatment of all animals within the village.

§ 89-2. Statutory authority.

This chapter is enacted pursuant to the provisions of § 124 of Article 7 of the Agriculture and Markets Law and Article 26 of the Agriculture and Markets Law.

§ 89-3. Title.

The title of this chapter shall be "Animal Control Law of the Village of Elmsford."

§ 89-4. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AT LARGE — Any dog, cat or other domestic animal that is unleashed and is on property open to the public or is on private property not owned or leased by the owner of the animal unless permission for such presence has been obtained.

DOG — Any male, female or neutered domestic canine.

DOMESTIC ANIMAL — Any domestic animal as defined by the New York State Agriculture and Markets Law.

HARBOR — To provide food or shelter to any dog or domestic animal.

LEASH — A length of material or chain no longer than six feet of sufficient durability to restrain an animal from roaming at large.

OWNER — Any person who harbors or keeps any dog, cat or other domestic animal. In the event that any dog, cat or other domestic animal found in violation of this chapter shall be owned by a person under 18 years of age, the owner shall be deemed to be the parent or guardian of such person or the head of the household in which said person resides.

TORTURE or CRUELTY — Includes every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted.

§ 89-5. Dog licenses required; prohibited acts; provision of food and shelter.

  1. It shall be unlawful for any owner of any dog over the age of six months to fail to license such dog.
    1. Any person desiring to procure a license shall file a written application with the Village Clerk on New York State forms.

    2. In addition to the fees set by the State of New York, the application must be accompanied by an additional local license fee of $12.50 for each dog license. This local license fee is to be completely retained by the village. [Amended 5-1-2000]

    3. There shall be no fee for any license issued for a guide dog, hearing dog, service dog, war dog or police war dog, as each is defined in Article 7 of the Agriculture and Markets Law.

  2. It shall be unlawful for any owner of any dog, cat or other domestic animal to permit or allow such dog, cat or other domestic animal, in the Village of Elmsford, to:
    1. Be at large. Cats, except when in heat, are exempted from this provision, but must be inoculated against rabies and distemper.

    2. Engage in loud howling, barking, crying or whining or to conduct itself in such a manner so as to unreasonably and habitually annoy any person.

    3. Cause damage or destruction to property or commit a nuisance by defecating or urinating upon the premises of a person other than the owner of such animal.

    4. Chase or attack any person peacefully conducting himself in any place where such person may lawfully be or chase or attack any animal while such animal is in any place it may lawfully be.

    5. Habitually chase, run alongside of or bark at motor vehicles, bicycles or pedestrians.

    6. Soil or commit any nuisance on any commonfare or any place where the public congregates or walks, except that one walking or exercising such dog or domestic animal shall be permitted to curb such animal in that portion of the street lying between the curblines. It shall be the duty of any person who so curbs a dog or domestic animal to immediately remove all feces left by such animal, depositing the same directly into an airtight container, which shall then be deposited into a container used for the disposal of refuse. This provision shall not be applicable to a blind person while actually using a guide dog licensed as such pursuant to § 110 of the Agriculture and Markets Law. In no event shall any feces be deposited in sewers or drains, whether storm or sanitary.

  3. It shall be unlawful for any owner of any dog, cat or other domestic animal to:
    1. Permit the premises, structure or enclosures in which a dog, cat or other domestic animal is kept to be so unclean or unsanitary as to create a public nuisance or a health hazard to the animal itself.

    2. Keep any domestic animal without daily feeding and watering the same and providing adequate shelter from the elements.

§ 89-6. Torture and cruelty prohibited.

Pursuant to Article 26 of the Agriculture and Markets Law, it shall be unlawful for any person in the Village of Elmsford, by act, omission or neglect, to cause or permit torture or cruelty to be visited upon any animal in the village.

§ 89-7. Enforcement.

  1. The Animal Control Officer of the Village of Elmsford shall be such person or persons as the Board of Trustees of the Village of Elmsford may from time to time appoint or contract for.

  2. The Animal Control Officer shall, in addition to any other duties imposed by the Agriculture and Markets Law on Dog Control Officers, have the authority to enforce the Animal Control Law of the Village of Elmsford.

§ 89-8. Summons; seizure; impoundment; redemption.

  1. Summons; conviction.
    1. Any person found in violation of this chapter shall be issued a summons, and, in cases of alleged torture or cruelty to animals, it shall be discretionary with the court to exercise its equitable powers for humanitarian purposes such that any animal victimized by torture or cruelty may be seized and impounded where necessary humane and veterinary care may be rendered to it.

    2. Any person convicted of torture or cruelty to an animal shall be required to pay, in addition to the mandatory fine, the cost of veterinary care required by that person's acts or omissions.

    3. If any person convicted of torture or cruelty to an animal is the owner of that animal, it shall be discretionary with the court whether such animal shall be returned to said person so convicted or released to the care of a shelter or humane society for adoption.

  2. If any dog, cat or other domestic animal is found in violation of the provisions of § 89-5 of this chapter, a summons shall be issued to its owner, and said dog, cat or other domestic animal may also be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law. The Animal Control Officer shall make reasonable attempts to locate and notify the owner of a seized animal prior to impounding it at any shelter.

  3. If the Animal Control Officer, after making reasonable attempts to locate the owner of a dog, cat or other domestic animal pursuant to Subsection B herein, fails to locate such owner, the animal shall be taken to a shelter designated by the Board of Trustees, and attempts will again be made to notify the owner of record of such animal, personally or by certified mail, return receipt requested, of the seizure and the procedure for redemption. If notification is personally given, such animal shall be held for a period of seven days after the day of notice, during which period the animal may be redeemed by the owner. If such notification is made by mail, such animal shall be held for a period of nine days from the date of mailing, during which period the animal may be redeemed by the owner.

  4. Every dog, cat or other domestic animal seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in § 118 of the Agriculture and Markets Law.

  5. Seized dogs may be redeemed by first obtaining proof of licensing or a license from the Village Clerk and then producing the proof of licensing at a shelter designated by the Village Board pursuant to the provisions of Article 7 of the Agriculture and Markets Law for all seized animals and paying an impoundment fee of $20 for the first impoundment, $30 for the second impoundment plus $5 per day, and a fee of $40 for the third and subsequent impoundments plus $5 per day, to be forwarded to the village pursuant to § 118, Subdivision 4, of said article. [Amended 5-1-2000]

  6. If the owner of any unredeemed animal is known, such owner shall be required to pay the impoundment fees, whether or not such owner chooses to redeem his or her animal.

  7. The owner of any dog seized and impounded pursuant to § 121, entitled "Dangerous dogs," of the New York State Agriculture and Markets Law shall be required to reimburse any pound or shelter under contract with the village for the purpose of providing care and maintenance for captured dogs, when any such dog is maintained by the shelter for a period of more than 14 days and shall be required regardless of the ultimate disposition of the case by the Village Justice.

§ 89-9. Filing of complaint.

Any person who observes any person, dog, cat or other domestic animal in violation of this chapter may file a complaint under oath with a Justice of the Village of Elmsford specifying the nature of the violation, the date thereof, a description of the dog, cat or other domestic animal and the name and residence, if known, of the owner of such animal. Such complaint may serve as the basis for enforcing the provisions of this chapter.

§ 89-10. Appearance tickets.

Any Animal Control Officer, police officer or Building Inspector in the employ of or under contract to the Village of Elmsford observing a violation of this chapter in his or her presence may issue and serve an appearance ticket for such violation or take any other such action as provided for in the Agriculture and Markets Law.

§ 89-11. Penalties for offenses.

  1. Each and every violation of this chapter shall be punishable by a fine of not more than $50 for the first offense.
  2. After an individual has been convicted of a violation of any provision of this chapter, any subsequent conviction for a violation of any provision of this chapter shall be punishable by a fine of not less than $50 nor more than $250 and/or imprisonment for not more than 15 days.
  3. For the purpose of determining a violation of this chapter, the prior conduct of the person, dog, cat or other domestic animal shall be admissible, whether or not such conduct has resulted in an individual's being convicted of a violation of this chapter or any other law or ordinance applicable thereto.

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Town of Yorktown, NY:

 

Chapter 115 
 ANIMALS

[HISTORY: Adopted by the Town Board of the Town of Yorktown as indicated in article histories. Amendments noted where applicable. ]

ARTICLE I
Dog Control 
[Adopted 1-16-1979 by L.L. No. 2-1979]

§ 115-1. Purpose. 

The Town Board of the Town of Yorktown finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons, damage to property and created nuisances within the town. The purpose of this article is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running at large of dogs within the town. 

§ 115-2. Authority. [Amended 2-3-1981 by L.L. No. 5-1981] 

This article is enacted pursuant to the provisions of § 124 of the Agriculture and Markets Law of the State of New York. 

§ 115-3. Title. 

The title of this article shall be "Dog Control Law of the Town of Yorktown." 

§ 115-4. Definitions. [Amended 5-18-2004 by L.L. No. 15-2004] 

As used in this chapter, the following words shall have the following respective meanings:

AGRICULTURE AND MARKETS LAW — The Agriculture and Markets Law of the State of New York in effect as of the effective date of this chapter, as amended by this chapter and as amended thereafter. 

ANIMAL CONTROL OFFICER — Any person authorized by the Town Board, from time to time, to enforce the provisions of this chapter or the provisions of the Agriculture and Markets Law. 

CONFINED — That such animal is securely confined or restrained and kept on the owner's premises, either within a building, kennel or other suitable enclosure or securely fastened on a chain, wire or other effective tether of such length and so arranged that the animal cannot reach or endanger any person on any adjacent premises or on any public street, way or place or, if the animal is being transported by the owner, that it is securely confined in a crate or other container or so restrained in a vehicle that it cannot be expected to escape therefrom. 

DOG — Male and female, licensed and unlicensed, members of the species Canis familiaris. 

HABITUAL — A dog shall be deemed, for purposes of this chapter, to be engaged in habitual howling, barking, crying or whining when there is evidence that the dog has engaged in similar conduct on one or more prior occasions within a reasonable period of time preceding the violation for which the dog owner is charged, even if no Town Code violation had been filed against the dog owner as a result of such preceding occasion(s). A person is "habitually disturbed" in the reasonable use and enjoyment of property when such person has, in fact, been disturbed in the reasonable use and employment of property as a result of one or more prior occasion(s) of loud howling, barking, crying or whining by the same dog within a reasonable period of time preceding the charge, even if no Town Code violation had been filed against the dog owner as a result of such preceding occasion(s). [Added 4-6-1999 by L.L. No. 4-1999]

OWNER — The party in whose name the license is issued, unless dog is or has been lost, and such loss reported to the animal control officer or Town Clerk. If a dog is not licensed, the term "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors or is otherwise responsible for any dog which is kept, brought or comes within the town. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this chapter shall be held and deemed to be the owner of such dog for the purpose of this chapter. In the event that any dog found to be in violation of this chapter shall be owned by a minor, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog and violation of this chapter. 

RECREATIONAL AREAS — Recreational areas shall mean any real property owned by the Town of Yorktown which is used for recreational purposes by the public, including but not limited to parks and playgrounds. 

RUN AT LARGE — To be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands. 

TOWN — The area within the corporate limits of the Town of Yorktown.

§ 115-5. Restrictions.

§ 115-6. Enforcement officer. 

This article shall be enforced by the animal control officer, by any peace officer or by any person having jurisdiction under the Agriculture and Markets Law.

§ 115-7. Seizure of dogs.

§ 115-8. Issuance of appearance tickets; enforcement. [Amended 2-3-1981 by L.L. No. 5-1981; 8-18-1981 by L.L. No. 14-1981]

The animal control officer or a peace officer having reasonable cause to believe that a violation of this article has been committed in his presence shall issue and serve an appearance ticket for such violation. The appearance ticket shall be in form prescribed by the Town Board as adopted with this article. An answer to such appearance ticket shall be made within five days of the violation, by registered or certified mail, return receipt requested, in lieu of a personal appearance on the return date at the time and court specified in the appearance ticket. This article may also be enforced by any police officer of the Town of Yorktown.

§ 115-9. Penalties for offenses. [Amended 2-3-1981 by L.L. No. 5-1981; 7-17-1984 by L.L. No. 10-1984; 2-5-1991 by L.L. No. 4-1991; 3-5-1996 by L.L. No. 7-1996; 10-1-1996 by L.L. No. 19-1996]

Any person convicted of a violation of this article shall be deemed to have committed a violation and shall be subject to a fine as follows:

ARTICLE II
Dog Licensing Fees
[Adopted 10-11-1979 by L.L. No. 5-1979]

§ 115-10. Authority.

This article is enacted pursuant to authority contained in Article 7, § 110 of the Agriculture and Markets Law of the State of New York.

§ 115-11. Additional license fees. [Amended 3-3-1987 by L.L. No. 4-1987]

License fees for dogs, in addition to the fees set by § 110, Subdivisions (1) and (2), of the Agriculture and Markets Law, shall be $5.

ARTICLE III, 
Protection 
[Adopted 5-18-2004 by L.L. No. 15-2004]

§ 115-12. Definitions.

As used in this article, the following terms shall have the meanings indicated:

ANIMAL — All species of mammals, except humans, and all species of birds.

ANIMAL SHELTER — Any municipally owned or operated facility maintained for the confinement of dogs and other animals.

MOTOR VEHICLE — Includes any vehicle which is self-propelled and any trailer which is attached to a self-propelled vehicle.

§ 115-13. Confinement in motor vehicles.

§ 115-14. Authority of law enforcement officers.

Any police officer, peace officer or animal control officer of the Town of Yorktown who finds an animal in a motor vehicle in violation of § 115-13 of this article may break and enter the motor vehicle, without civil or criminal liability, to remove the animal. The person so removing the animal shall take said animal, or cause said animal to be delivered, to the animal shelter of the town involved. The person shall, in the event that the owner or custodian of said animal cannot be otherwise contacted, leave in a prominent place in the motor vehicle a written notice bearing his name and department and the address where the animal may be claimed by the owner thereof. The animal shall be surrendered to the owner if the owner claims the animal within five days from the time the animal was removed from the motor vehicle and pays all reasonable charges which have accrued for the maintenance of the animal. The animal shelter having custody of the animal shall make reasonable efforts to contact the owner and give notice that the animal is in its custody and that the animal may be reclaimed by the owner upon payment of the reasonable maintenance charges. If the owner does not reclaim the animal within the specified time, the animal shelter may dispose of the animal in accordance with prevailing laws and regulations.

§ 115-15. Penalties for offenses.

Any person who violates § 115-13 of this article shall be guilty of a violation punishable as follows:

ARTICLE IV, 
Canine Waste 
[Adopted 5-18-2004 by L.L. No. 16-2004]

§ 115-16. Intent.

The purpose of this article shall be to promote the health, safety, cleanliness and general welfare of the Town of Yorktown, including the protection, cleanliness and preservation of the property of the Town of Yorktown and its inhabitants by adopting and enforcing certain regulations and restrictions on the activities of dogs.

§ 115-17. Title.

This article shall be known and can be cited as the "Town of Yorktown Canine Waste Law."

§ 115-18. Nuisances by dogs prohibited.

Except as provided and regulated by § 115-19 hereof, no person owning, harboring, keeping, walking or having the custody or control of a dog shall cause, permit, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any other public property or private property, unless such person shall have the express written permission of the owner of said property.

§ 115-19. Exceptions; removal of feces.

The prohibition set forth in § 115-18 above shall not apply to those portions of a street lying between curblines, which such portions may be utilized to curb a dog, subject however to the following conditions:

§ 115-20. Penalties for offenses.

Any person violating this article shall be guilty of a violation and shall be subject to a fine not less than $50 and not greater than $100.

§ 115-21. Enforcement officers.

The Dog Control Officer and the Police Department of the Town of Yorktown shall be the enforcement officers of the provisions of this article.

§ 115-22. Severability.

Should any paragraph or section, or portion thereof, of this article he declared by a court of competent jurisdiction to be invalid or unlawful, the same shall not affect the remainder of this article as a whole or any part thereof other than the part so declared to be invalid.

    1. It shall be unlawful for any owner of any dog in the Town of Yorktown to permit or allow such dog to:
      1. Run at large, unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person able to control it by command. For the purpose of this article, a dog or dogs hunting in company of a hunter shall be considered as accompanied by its owner.
      2. Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb any person in the reasonable use and enjoyment of his property.
      3. Cause damage or destruction to property upon premises of other than the owner or person harboring such dog.
      4. Chase, jump upon or at or otherwise harass any person.
      5. Habitually chase, run alongside of or bark at motor vehicles and/or bicycles while on a public street or highway or upon public or private property other than property of the owner or harborer of said dog.
      6. Create a nuisance by defecating or urinating on private property other than the property of said owner and in play areas of public parks in the Town of Yorktown. [Amended 1-6-1998 by L.L. No. 2-1998]
      7. Be at large on any recreational areas, or the sidewalks adjacent thereto, unless said dog is on a leash.
    2. Establishment of the fact or facts that a dog has committed any of the acts prohibited by § 115-5 of this article shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine, leash or control his dog.
    3. Any dog found running at large in violation of this article may be seized by any animal control officer, peace officer or other designated representative of the Commissioner of Agriculture and Markets of the State of New York, exercising such degree of force as shall be necessary to effect such seizure without intentionally injuring or harming such dog, and shall be impounded and disposed of in accordance with the provisions of Article 7 or other applicable provisions of the Agriculture and Markets Law.
    4. After any such seizure, the record owner of such dog or an adult member of his family, if the owner is ascertainable from the dog's license tag, shall be notified.
    5. A dog owner may redeem his animal from the pound in accordance with the provisions of the Agriculture and Markets Law, as amended, upon payment of the following redemption fees: [Amended 3-3-1987 by L.L. No. 4-1987]
      1. For the first impoundment of any dog owned by that person: $25.
      2. For the second impoundment within one year of the first impoundment of any dog owned by that person: $50.
      3. For the third and subsequent impoundment within one year of the first impoundment of any dog owned by that person: $75.
    6. No action shall be maintained against the Town of Yorktown, any duly designated animal control officer or any other agent or officer of the town to recover the the possession or value of any dog or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this article.
    7. For a first violation, a fine of not less than $25 nor more than $250.
    8. For a second violation within five years, a fine of not less than $50 nor more than $300 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment.
    9. For a third violation within five years, a fine of not less than $75 nor more than $375 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment.
    10. For a fourth and subsequent violation within five years, a fine of not less than $100 nor more than $500 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment.
    11. A. No person owning or otherwise having possession, charge, custody, dominion or control of an animal shall place or confine such animal or allow it to be placed or confined or to remain in an unattended motor vehicle without sufficient ventilation or under other conditions or for such a period of time as may endanger the health or well-being of such animal due to heat, lack of water or such other circumstances as may reasonably be expected to cause suffering, disability or death.
    12. B. No person owning or otherwise having possession, dominion or control over a motor vehicle shall place or confine an animal or permit an animal to be placed or confined or to remain in an unattended motor vehicle without sufficient ventilation or under other conditions or for such a period of time as may endanger the health or well-being of such animal due to heat, lack of water or other circumstances as may reasonably be expected to cause suffering, disability or death.
    13. For a first violation: a fine of not less than $100 nor more than $250.
    14. For a second violation within five years: a fine of not less than $250 nor more than $400 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment.
    15. For a third violation within five years: a fine of not less than $400 nor more than $550 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment.
    16. For a fourth and subsequent violations within five years: a fine of not less than $550 nor more than $650 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment.
    17. Any person who so curbs a dog shall immediately remove all feces deposited by such dog in the following, or similar, manner: feces shall be picked up with scoop, shovel, broom, tong or other similar implement and be deposited immediately thereafter in a bag or container, plastic or otherwise, and then subsequently deposited in a container used for the disposal of refuse.
    18. In no event shall any feces be deposited in sewers or drains, whether storm or sanitary.

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City of Oneida, NY:

 

Chapter 17
 ANIMALS

[HISTORY: Adopted by the Common Council of the City of Oneida 12-21-1982 as Ch. 4-4 of the 1982 Code. Amendments noted where applicable.]

ARTICLE I
In General

§ 17-1. Definitions.

As used in this chapter, the following terms shall have the meanings respectively ascribed to them in this section:

ANIMAL — Any live vertebrate creature, domestic or wild.

ANIMAL SHELTER – Any facility operated by a humane society or by a municipal agency or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

AT LARGE — Any animal shall be deemed at large when it is off the property of its owner and not under the control or restraint of a competent person.

AUCTION — Any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners.

CIRCUS — A commercial variety show featuring animal acts for public entertainment.

COMMERCIAL ANIMAL ESTABLISHMENT — Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition or kennel.

COMMUNITY SERVICE OFFICER — The officer charged with enforcement of this chapter, who shall have all the powers of a peace officer in the execution of this chapter or Article 7 of the Agriculture and Markets Law, including the service of summons or any other order of process.

DANGEROUS ANIMAL — Any animal that constitutes a physical threat to human beings or other animals.

DOMESTIC ANIMAL — Includes domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys and game birds raised in confinement under permit or license from the State Department of Environmental Conservation. [Amended 10-3-2001]

GROOMING SHOP — A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.

KENNEL — Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats.

OWNER — Any person who owns, keeps, harbors or has the care, custody or control of an animal. Animals owned by minors shall be deemed to be in custody and control of the minor's parents or other head of the household where the minor resides.

PET — Includes dogs, cats, cage birds and other animals commonly kept or harbored in a home as a house pet.

PET SHOP — Any person, partnership or corporation, whether operated separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells or boards any species of animals.

RESTRAINT — An animal is under restraint if it is secured by leash or lead or under the control of a competent person not less than 12 years of age and obedient to that person's commands, on or within a vehicle being driven or parked on the street or within the property limit of its owner or keeper or upon the premises of another with consent of such other person.

§ 17-2. Impounding of animals and enforcing chapter.

  1. Except as otherwise provided herein, the Community Service Officer shall be the enforcing officer for carrying out the terms of this chapter. The Community Service Officer shall investigate any complaint lodged by any person against any animal or animal owner for allegedly violating this chapter.

  2. It is the duty of the Community Service Officer to seize and impound animals running at large, in addition to the dogs that are seized for other violations.

  3. Every animal seized by the Community Service Officer shall be maintained, redeemed, sold or disposed of in accordance with Article 7 of the Agriculture and Markets Law.

§ 17-3. Restraining or confining dogs or cats.

  1. No owner shall permit or allow any dog to run at large within the city unless such animal is under restraint. 
  2. No unspayed female dog or cat in heat shall be permitted to be outside a building or a fenced enclosure.

§ 17-4. Domestic animals at large or grazing in public.

No owner or person having the care of any domestic animals shall permit or suffer the same or any of them to go at large or to graze on any street, public ground, park or square of this city.

§ 17-5. Dangerous animals.

No person shall own or harbor any dangerous animal or any animal which shall attack or attempt to bite any person peaceably passing along the street, lane, park or walk of the city or any place the person may legally be.

§ 17-6. Keeping of domestic animals.

  1. It shall be unlawful for any person to keep, harbor, raise or maintain any domestic animals within the area of the city bounded by a line beginning at the point where the Conrail tracks cross Oneida Creek just south of the New York State Thruway, thence westerly along the Conrail tracks to the point where an extension of the west inside/outside corporation line intersects, thence southerly along the inside/outside corporation line to Genesee Street (New York State Route 5), thence easterly along Genesee Street to the point where the same crosses Oneida Creek, thence northerly along Oneida Creek to its starting point.

  2. Nothing in this section shall be deemed to make unlawful the use of any property being used as of January 1, 1979, for the keeping, harboring, raising or maintaining of domestic animals; however, this provision shall not permit the establishment or maintenance of any nuisance or other condition or circumstance otherwise prohibited by law, nor does it permit the increasing or extending of any preexisting use. Such preexisting use shall be known as a nonconforming use and shall terminate and become unlawful upon the termination of ownership of the person or persons owning the same on January 1, 1979.

§ 17-7. Animal care and treatment generally.

  1. No owner shall fail to provide their animal with sufficient good and wholesome food, water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering and with humane care and treatment.

  2. No person shall beat, cruelly ill treat, torment, overload, overwork or otherwise abuse an animal or cause, instigate or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans.

  3. No owner of an animal shall abandon such animal.

  4. No person shall unjustifiably administer any poisonous or noxious drug or substance to any animal not covered in § 361 of the Agriculture and Markets Law, nor shall a person unjustifiably expose such animals to any drug or substance with the intent such drug be taken by such animal.

  5. No person shall willfully or unjustifiably interfere with, injure, destroy or tamper with or willfully set on foot, instigate, engage in or in any way further any act by which any animals used for the purposes of breeding, racing or competitive exhibition of skill, breed or stamina is impaired.

  6. No person shall willfully throw, drop or place or cause to be thrown, dropped or placed any substance which might wound, disable or injure any animal.

§ 17-8. Animal prizes.

No person shall give away any live animal, fish, reptile or bird as an inducement to enter any contest, game or other competition or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter any business agreement whereby the offer was for the purpose of attracting trade.

§ 17-9. Duty of operators of vehicles which strike animals.

Any person who, as the operator of a motor vehicle, strikes a pet or domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency.

§ 17-10. Molesting or enticing animals.

No person shall entice, seize or molest any animal while it is being held or led by any person or while properly muzzled or wearing a licensed tag, except where such action is incidental to the enforcement of some law or regulation.

§ 17-11. Unlawfully transporting animals.

No person shall transport any animal, not lawfully in his possession, for the purpose of killing or selling such animal.

§ 17-12. Animal wastes. [Amended 6-18-2003 by Ord. No. 03-05]

The owner or person in control of an animal shall be responsible for the immediate removal of any excreta deposited by his/her animal on public walks, recreation areas, parks or another's private property.

§ 17-13. Nuisances.

  1. An owner of an animal shall not permit such animal, either licensed or unlicensed, to become a public nuisance. An animal shall be presumed to be a public nuisance if it shall:
    1. Persistently or consistently bark or howl or whine or snarl or growl.

    2. Cause personal injury.

    3. Cause damage to personal property.

    4. Transport trash or create impairment of lawns, hedges, flower beds and gardens on property other than of the owner or of anyone having the animal in custody.

    5. Persistently bark or chase or growl or snarl at pedestrians who are using the sidewalks while the animal is on the property of the owner or harborer.

    6. Roam with one or more animals in a pack.

    7. Be in the habit of chasing or barking at automobiles.

    8. Kill other animals, except mice and rats.

    9. Be in any grocery stores or any store where perishable goods are sold or any part of any restaurant where food is prepared, except for Seeing Eye dogs.

  2. No person shall keep or harbor such number of dogs as to constitute a nuisance.

§ 17-14. Taking possession of animals or implements used in fights among animals.

Any officer authorized by law to make arrests may lawfully take possession of any animal or implements or other property used or employed or about to be used or employed in violation of any provision of law relating to fights among animals. The disposition of animals or implements used in such fights shall be carried out in accordance with §§ 375 and 376 of the Agriculture and Markets Law.

§ 17-15. Penalties for offenses; violations; appearance tickets. [Amended 2-8-1986 by Ord. No. 86-02; 7-19-1994]

  1. Violations.
    1. Any person who violates this chapter or knowingly permits the violation of this chapter or any of the provisions thereof shall be guilty of a misdemeanor, punishable as provided in § 1-14 of this Code, but if such provision is inconsistent with the provisions of the Agriculture and Markets Law or other applicable state provision in defining the grade of the offense or the punishment therefor, then as defined and punishable by such law or provision, except that a violation of any of the following provisions of this chapter shall be a violation, punishable as hereinafter provided in this section:
      1. Section 17-3 regarding restraining or confining dogs or cats; 
      2. Section 17-4 regarding domestic animals at large or grazing in public; 
      3. Section 17-5 regarding dangerous animals; 
      4. Section 17-6 regarding keeping of domestic animals; 
      5. Section 17-9 regarding duty of operators of vehicles which strike animals; 
      6. Section 17-12 regarding removal of animal wastes; 
      7. Section 17-13 regarding animal nuisances. 
    2. A person convicted of a violation of any of the immediate above §§ 17-3, 17-4, 17-5, 17-6, 17-9, 17-12, 17-13 shall be subject to a fine of not less than $50 nor more than $100; for a conviction of a second violation of the same offense, both of which were committed within a period of five years, a fine of not less than $75 nor more than $150; for conviction of a third or subsequent violation of the same offense, all of which were committed within a period of five years, a fine of not less than $100 nor more than $250 or imprisonment for not more than 15 days, or both. 
  2. Any person violating any provision of this chapter shall be issued an appearance ticket for such violation. The appearance ticket shall be substantially in the form set forth in Subsection C. An answer to such appearance ticket may be made within five days of the violation, by certified mail, return receipt requested, in lieu of a personal appearance upon the date at the time and court specified in the appearance ticket, in accordance with the provisions of § 124 of the Agriculture and Markets Law. 
  3. The appearance ticket shall read substantially as follows:

APPEARANCE TICKET

City of Oneida

To: (Name) ________________(Address) ____________________________

(City/State) _________________(Dog) _____________________________

You are hereby notified to appear personally in the City Court of the City of Oneida, located at City Hall, 109 North Main Street, City of Oneida on the________ day of____________ 20____, at___________ o'clock in the fore/afternoon to answer a charge of _____________________________________, in violation of Section_____________, of the Animal Control Ordinance of the City of Oneida, an offense. Upon your failure to appear as above directed, a warrant may be issued for your arrest. Issued on this__________________ day of 20_____.

___________________________________

Community Service Officer, City of Oneida

To Plead Guilty:

1. Complete form below.

2. Mail form to City Court, City Hall, 109 N. Main Street, Oneida, New York, within five days of the alleged violation by certified mail, return receipt requested, together with the appearance ticket.

3. The court will advise you by mail of the fine.

TO: CITY COURT, CITY OF ONEIDA:

I, _______________________ residing at _____________________

have been charged with the offense specified on the attached appearance ticket. I waive arraignment in open court and aid of counsel. I plead guilty to the offense as charged and elect and request that this charge be disposed of and fine or penalty fixed by the court. I make the following statement of explanation (optional) ________________________________________________

APPLICANTS UNDER 18 MUST COMPLETE THE FOLLOWING:

Name of parent or guardian ________________________________

Address of parent of guardian _____________________________

All statements are made under penalty of perjury:

Date __________________________ Signed ____________________

To Plead Not Guilty:

1. Complete form below.

2. Send your not guilty plea together with the above appearance ticket and a certified check or money order for $25 as a security payable to the City Court, City Hall, 109 N. Main Street, Oneida, New York, within five days of the alleged violation by certified mail, return receipt requested. DO NOT SEND CASH.

3. The court will thereafter advise you by return mail of the date of your trial. Your failure to appear will forfeit your $25 security and a summons or warrant of arrest may be issued pursuant to the Criminal Procedure Law.

TO: CITY COURT, CITY OF ONEIDA:

I, ________________________ residing at ______________________

plead not guilty to the offense as charged.

APPLICANTS UNDER 18 MUST COMPLETE THE FOLLOWING:

Name of parent or guardian _____________________________

Address of parent or guardian __________________________

All statements are made under penalty of perjury.

Date ______________________ Signed _____________________

ARTICLE II
Dog Licenses

§ 17-16. License required; fees. [Amended 10-2-1984; 2-6-1988 by Ord. No. 88-10]

No dog owner shall keep any dog within the city unless a license therefor has been issued. Licenses shall be issued pursuant to authority and as found in Article 7 of the Agriculture and Markets Law of the State of New York except licenses issued under a kennel license. Licenses shall be renewed on or before the expiration date. In addition to the fee imposed by the Agriculture and Markets Law of the State of New York, an additional fee of $2.50 shall be included in and added to the license fee of a spayed or neutered dog and an additional fee of $10 shall be included in and added to the license fee of an unneutered or unspayed dog.

§ 17-17. Payment.

Each owner of a dog shall pay the license fee imposed in § 17-16 of this Code to the City Clerk on or before the renewal date in each year or upon acquiring ownership or possession of any unlicensed dog or upon establishing residence in the city.

§ 17-18. Late fees. [Added 2-20-1996 by Ord. No. 96-01]

There shall be an additional fee of $3 for each dog license not renewed by the first day of the month following the month the license fee was due and an additional fee of $3 for each dog license not renewed by the first day of the second month following the month the license fee was due, with a total late charge fee not to exceed $6 per license.

§ 17-19. Tags. [Amended 2-20-1996 by Ord. No. 96-01]

Upon payment of the license fee imposed in § 17-16 of this Code, the City Clerk shall issue the suitable metal tag. The dog owner shall cause said tag to be affixed by a permanent metal fastening to the collar of the dog so licensed in such a manner that the tag may be easily seen by the Community Service Officer of the city. The owner shall see that the tag is constantly worn by such dog.

ARTICLE III, 
Commercial Animal Establishments

§ 17-20. Rules and regulations.

The City Clerk shall promulgate regulations for the issuance of permits and shall include requirements for humane care of all animals and for compliance with the provisions of this chapter and other applicable laws. Such regulations may be amended from time to time as deemed desirable for public health and welfare and for the protection of animals.

§ 17-21. Permit required.

No person shall operate a commercial animal establishment without first obtaining a permit in compliance with this article. Every facility regulated by this article shall be considered a separate enterprise and require an individual permit.

§ 17-22. Denial; reapplication fee.

If the applicant has withheld or falsified any information on the application for a permit for a commercial animal establishment, the City Clerk shall refuse to issue the permit. No person who has been convicted of cruelty to animals shall be issued a permit to operate a commercial animal establishment. Any person denied such a permit may not reapply for a period of 30 days. Each reapplication shall be accompanied by a $10 fee.

§ 17-23. Term; renewal application.

The commercial animal establishment permit period shall begin with the first of the year and run one year. Renewal applications for permits shall be made 30 days prior to and up to 60 days after, the first of the year. Application for permit to establish a new commercial animal establishment may be made at any time.

§ 17-24. Fees.

  1. Annual commercial animal establishment permits shall be issued upon payment of the applicable fee:
    1. For each kennel authorized to house fewer than 10 dogs or cats: $10.

    2. For each kennel authorized to house 10 or more, but fewer than 50 dogs or cats: $10.

    3. For each kennel authorized to house 50 or more dogs and cats: $25.

    4. For each pet shop: $25.

    5. For each riding stable: $25.

    6. For each auction: $25.

    7. For each zoological park: $25.

    8. For each circus: $25.

    9. For each performing animal exhibition: $25.

    10. For each grooming shop: $25.

  2. No fee shall be required of any veterinary hospital, animal shelter or government-operated zoological park. 
  3. Any person who has a change in the category under which a permit was issued shall be subject to reclassification and appropriate adjustment of the permit fee shall be made.

§ 17-25. Transfer of permit; fee.

If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his name upon payment of a transfer fee of $10.

§ 17-26. Revocation.

  1. After a hearing affording due process, the Mayor may revoke any permit for a commercial animal establishment if the person holding the permit refuses to comply with this chapter, the regulations promulgated by the Clerk or any law governing the protection and keeping of animals.
  2. Any person whose permit is revoked shall, within 10 days thereafter, humanely dispose of all animals owned, kept or harbored by such person, and no part of the permit fee shall be refunded.
  3. A person whose permit has been revoked may appeal such decision to the Common Council by requesting a hearing before the Council. Such requests shall be made to the City Clerk within 10 days after receipt of notice of the action of the Mayor. The Council shall then hear and decide the matter within a reasonable time.
  4. It shall be a condition of the issuance of any permit that the City Clerk shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the permit of the refusing owner.

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Township of Galloway, NJ:

 

Chapter 107
 ANIMALS

[HISTORY: Articles I and II adopted by the Township Committee (now Council) of the Township of Galloway as indicated in article histories. Article III et seq. adopted by the Township Council of the Township of Galloway as indicated in article histories. Amendments noted where applicable.]

ARTICLE I, 
Dogs Running at Large 
[Adopted 1-18-1971 by Ord. No. 393 as Ch. 40, Art. I, of the 1971 Code]

§ 107-1. Permitting dogs to run at large prohibited; exception.

No person owning, leasing, keeping, harboring or having custody of any dog shall suffer or permit said dog to run at large within the Township of Galloway at any time, subject to the provisions and conditions of N.J.S.A. 23:4-25 of the fish and game laws of the State of New Jersey.

§ 107-2. Impounding and redemption of dogs.

Any dog found running at large within the Township of Galloway shall be impounded. If said dog is not redeemed by the owner, paying the cost of keeping, feeding and impounding, as provided by law, within a period of three days, said dog may be disposed of in accordance with the law.

§ 107-3. Violations and penalties. [Amended 1-18-1971 by Ord. No. 393]

Any person found guilty of a violation of this article by the Municipal Court of the Township of Galloway shall be subject to a fine not to exceed $500 or imprisonment not to exceed 90 days, or both.

ARTICLE II, 
Licensing of Dogs
[Adopted 1-18-1971 by Ord. No. 393 as Ch. 40, Art. II, of the 1971 Code]

§ 107-4. Annual license and registration tag fees. [Amended 4-7-1980 by Ord. No. 620; 5-19-1980 by Ord. No. 625; 6-15-1982 by Ord. No. 697; 11-7-1984 by Ord. No. 780]

  1. The annual fee for a dog license and registration tag and for each annual renewal thereof shall be $3.80. [Amended 6-12-1990 by Ord. No. 1008; 7-28-1992 by Ord. No. 1086] 
  2. There shall also be charged a further fee of $0.20 per license, as required by the State of New Jersey, to fund the State Pilot Clinic. 
  3. In the event that the dog to be licensed is an unspayed female or an unneutered male, there shall be an additional fee of $3 as required by the State of New Jersey. 
  4. The late fee for license renewals after April 1 shall be $5. [Added 7-28-1992 by Ord. No. 1086]

§ 107-5. Adoption of statutory provisions.

All other provisions of N.J.S.A. 4:19-1 through 4:19-16 are hereby adopted by the Township of Galloway.

§ 107-6. Disbursement and accounting of fees. [Added 4-7-1980 by Ord. No. 620; amended 5-19-1980 by Ord. No. 625; 12-21-1981 by Ord. No. 680; 11-7-1984 by Ord. No. 780]

All money collected from dog license and registration tag fees shall be disbursed and/or accounted as follows:

  1. State fees.
    1. Registration tag fee of $1: State of New Jersey. 
    2. State Pilot Clinic fee of $0.20: State of New Jersey. 
    3. Additional tag fee for unspayed female or unneutered male dogs of $3: State of New Jersey. 
  2. All remaining fees are to be deposited in the Galloway Township Dog Account to be used for the administrative costs of the animal control program, including the cost of conducting a dog canvass.

§ 107-7. Violations and penalties. [Added 11-7-1984 by Ord. No. 780]

Any person adjudged guilty of a violation of the provisions of this article shall, upon conviction thereof in the Municipal Court of Galloway Township, be punished by a fine of not less than $25 nor more than $500 or imprisonment for a term not to exceed 30 days, or both, at the discretion of the Court; provided, however, that in the event that the alleged violator obtains the required license after receiving a court summons, but prior to the initially scheduled hearing date, the penalty shall be the minimum fine of $25 which may be payable without the necessity of making a court appearance.

ARTICLE III
K-9 Dogs 
[Adopted 3-2-1982 by Ord. No. 687]

§ 107-8. Interference with dogs unlawful.

It shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any K-9 dog or to interfere with or to meddle with any such K-9 dog while such dog is being used by any law enforcement agency in the Township of Galloway.

§ 107-9. Violations and penalties.

Any person adjudged guilty of a violation of the provisions of this article shall, upon conviction thereof in the Municipal Court of Galloway Township, be punished by a fine not exceeding $500 or imprisonment for a term not exceeding 60 days, or both, at the discretion of the Court.

ARTICLE IV
Enforcement of Dog Regulations 
[Adopted 2-14-1995 by Ord. No. 1194]

§ 107-10. By whom enforceable.

The provisions of Articles I, II and III of this chapter, in addition to other methods of enforcement provided by law, may be enforced by the issuance of a notice of violation by members of the Police Department, the Code Enforcement Officer, the Animal Control Official, the Dog Canvasser Official, the Clerk of the Township and members of the Clerk's staff.

ARTICLE V
Animals at Large
[Adopted 6-10-1986 by Ord. No. 829]

§ 107-11. Incorporation of introductory clauses.

The explanatory clauses hereinabove set forth are herewith adopted as part and parcel of the within article.

§ 107-12. Animals running at large without consent prohibited.

No person owning, possessing or otherwise having custody of any horses, cattle, swine, goats, fowl or any other animal or fowl, whether or not domesticated, shall allow or permit said animals or fowl to run at large unattended in any area of which said person is not the owner of the premises or has not the written consent of the owner of said premises.

§ 107-13. Violations and penalties.

Any person or persons violating the provisions of this article shall, upon conviction thereof, be subject to a fine not to exceed $500 or imprisonment not to exceed 90 days, or both, at the discretion of the Judge of the Municipal Court or other judicial officers hearing the offense, for each and every offense. Each day in violation shall constitute a separate offense for purposes of this article.

ARTICLE VI
Restraint and Other Dog Care Regulations
[Adopted 2-10-2004 by Ord. No. 1552]

§ 107-14. Definitions.

As used in this article, the following terms shall have the meanings indicated:

BEDDING — Material to provide a bed for dogs.

CARETAKER — Any person who takes care of the house or land of an owner who may be absent and is responsible for the keeping of a dog.

DOGHOUSE — A covered and protected domicile for a dog.

ENCLOSURE — Any structure used to restrict a dog or dogs to a limited amount of space, such as a pen, run, cage or compartment.

HANDLER — Any person in immediate physical charge of a dog.

KENNEL — Any establishment wherein or whereupon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.

OWNER — When applied to proprietorship of a dog, means every person having a right of property in that dog and every person who has that dog in his or her keeping.

PEN — An enclosure for dogs.

PET SHOP — Any place of business that 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.

POUND — Any establishment for the confinement of dogs or other animals seized either under the provisions of N.J.S.A. 4:19-15.16 or otherwise.

SHELTER — Any establishment where dogs or other animals are received, housed and distributed.

§ 107-15. Restraint of dogs.

  1. Owners, caretakers, guardians or handlers of dogs will exercise diligence and reasonable care to prevent said dogs from leaving their premises regardless of whether their premises is owned, leased or rented. Restraint exists when the dog is:

    Number of Dogs Square Footage
    1 64
    2 96
    3 144
    4 196
    Over 4, an additional 24 for each dog
    1. Enclosed and properly provided for pursuant to N.J.S.A. 4:22-17 within a house, building, properly maintained fence, pen or other enclosure.

    2. Pens or other enclosures for each dog must be four feet in height and square footage as follows:

    3. The pens or other enclosures shall include a soundly constructed, safely positioned and properly maintained doghouse.

    4. Doghouses shall contain bedding such as straw or other absorbent material in a sufficient quantity to provide adequate insulation for the house. Bedding shall be maintained in a dry condition and renewed or changed as necessary.

  2. Owners, caretakers, guardians or handlers of dogs will exercise diligence and reasonable care to keep dogs under restraint. In circumstances in which the dogs are not located on premises owned, leased or rented by the caretakers, guardians or handlers, dogs must be handled in a humane manner pursuant N.J.S.A. 4:22-17.

  3. Owners, caretakers, guardians or handlers of dogs may attempt to prevent said dogs from leaving the premises by installing an invisible fence. Owners, caretakers, guardians or handlers of dogs are responsible for the maintenance of the invisible fences and shall exercise diligence to keep the fence in proper working order.

  4. Kennels, pet shops, shelters and pounds shall comply with the provisions of applicable state statutes and administrative regulations.

§ 107-16. Dog waste.

It shall be unlawful for the owner, caretaker, guardian or handler of any dog to permit, either willfully or by failure to exercise reasonable care, such dog to commit a public nuisance by defecating in any area of the Township other than the premises of the owner, caretakers, guardians or handler of the dog unless said owner, caretakers, guardians or handler takes prompt actions to remove and properly dispose of said feces.

§ 107-17. Chaining or tethering of dogs.

Dogs must be able to move freely when chained or tethered and shall be confined for a period no greater than nine hours within a twenty-four-hour period. The size of the tether or chain must be a minimum of 15 linear feet and shall remain tangle free. Dogs must be equipped with properly fitted harness or buckle-type collars. The tether or chain shall be constructed of lightweight cable. A doghouse shall be accessible to dogs that are chained or tethered.

§ 107-18. Prohibited activities and treatment.

  1. No owner, caretaker, guardian or handler shall withhold proper shelter, protection from weather, veterinary care and immune care to any animal. No owner, caretaker, guardian or handler shall fail to provide his or her animal with sufficient food and drinkable water on a daily basis. Food and water must be in an animal-food-consumption or water-consumption-type container, feeder or waterer.

  2. No animal shall be subjected to unnecessary suffering and cruelty such as subjecting the animal to prolonged fear, injury, pain or physical abuse. Interaction with humans and other animals shall not be unreasonably withheld.

  3. Any violations of this §§ 107-15, 107-16, 107-17, 107-18, and 107-19, in addition to other methods of enforcement provided by law, may be enforced by the issuance of a notice of violation by members of the Galloway Township Police Department, Galloway Township Code Enforcement Officer(s), Galloway Township Animal Control, Dog Canvasser(s) and/or Township Clerk.

§ 107-19. Duties of citizens.

  1. Any operator of a motor vehicle who accidentally strikes a dog or cat shall stop and render such assistance to the dog or cat as may be possible, provided it could be accomplished safely and without danger to the motorist, pedestrians or other motorists.

  2. The operator of a motor vehicle involved in such an accident shall promptly report such injury or death to the appropriate law enforcement agency.

§ 107-20. Distribution of chapter.

At all times when a resident attempts to obtain a license for a dog, a copy of Chapter 107 and its amendments shall be distributed to said resident.

§ 107-21. Violations and penalties.

  1. Enforcement of all sections within Article VI shall be commenced by the filing of a complaint with the Municipal Court of the Township of Galloway with the exception of § 107-14D.
  2. Any person found guilty of a violation of § 107-16 of Article VI of the Municipal Code of the Township of Galloway shall be subject to a fine not to exceed $25 for the first offense, $50 for the second offense and $100 for any subsequent offenses.
  3. Any person found guilty of all other provisions of Article VI by the Municipal Court of the Township of Galloway shall be subject to a fine not to exceed $500 or imprisonment not to exceed 90 days, or both, provided, however, that the Court shall waive or suspend any fines if the court determines it is appropriate to do so. Furthermore, the court may order restitution be paid to any agency that incurs expenses related to the investigation and prosecution of any offender of this article.

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