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SHAMONG TOWNSHIP

ORDINANCE 2018-11

AMENDING CHAPTER 54 OF THE TOWNSHIP CODE


GOVERNING “ANIMALS”

WHEREAS, the Township Code, at Chapter 54 governs “Animals”; and

WHEREAS, the Township has recently experienced a number of complaints with


regards to large numbers of dogs on a single property and has determined that the existing
provisions need to be expanded and updated in order to ensure safe and habitable conditions for
dogs as well as protect the safety, health and welfare for all residents; and

WHEREAS, the Township desires to amend the Township Code at Chapter 54 in the
interests of the health, safety and welfare of the residents of Shamong Township and the public
at large.

NOW, THEREFORE, BE IT HEREBY ORDAINED that Chapter 54, governing


“Animals” is hereby amended as follows:
Section One.

Article V. Limitations, Operations, and Prohibitions.

§ 54-6. License fee.

A. Fee. Pursuant to the provisions of Chapter 151 of the Laws of 1941, its amendments and
supplements, and particularly N.J.S.A. 4:19-15.1 et seq., the sum to be paid annually for
a dog license and each renewal thereof shall be $1012 if obtained on or before January
March 31 of the licensing year. Thereafter, there shall be a late fee of $10 added to the
cost of the license. In addition to the aforesaid license fee, there shall be collected from
each person licensing a dog the dog registration tag fee payable to the State of New
Jersey in accordance with N.J.S.A. 4:19-15.3, a fee of $3 for any dog of reproductive
age which has not had its reproductive capacity permanently altered through
sterilization, which shall be forwarded to the State Treasurer pursuant to P.L. 1983,
Chapter 172, for deposit in the Animal Population Control Fund, and a fee of $0.20 to
be forwarded to the State Treasurer pursuant to P.L. 1983, Chapter 181, for deposit in
the Pilot Clinic Fund.

B. Exception. The provisions of this section shall not apply to any dog licensed under of
this Article. Dogs used as guide dogs or service dogs to assist persons with disabilities
shall be licensed and registered in the same manner as other dogs, except that the owner
or keeper shall not be required to pay any fee.

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Section Two.

A new Article V is hereby created as follows:

V. Dog numbers, compliance and limitations.

§ 54-23. Fifteen (15) or more dogs; requirements.

Any property owner, occupant or tenant in Shamong Township having fifteen (15) or more
adult dogs, defined as six months old or older, in their possession, licensed in their name, or
housed on their property, shall immediately:

A. Register annually with the municipality by completing a registration form on file with
the Township Clerk. Registrations shall expire annually.

B. Pay all license, registration, and inspection fees as follows:

1. A license for every dog in accord with Chapter 54-6;


2. An overall registration fee for the administrative review of the operation
requirements set forth herein in the amount of $250 per year;
3. Inspection fees for any physical inspections of the property and operation as
follows. Second inspections would be the result of failure of the first inspection or
any failures brought to light upon complaint:
First inspection in calendar year: $250;
Second inspection in calendar year: $375;
Third inspection in calendar and any additional inspections in that year thereafter:
$500.
If a complaint results in an inspection and no deficiencies are found, there will be no
inspection fee for that inspection.

C. Comply with all of the following requirements and operational conditions:

1. Conditions
(a) An applicant for registration must be at least 18 years of age and must have no prior
animal cruelty convictions on his or her record for the previous ten years.
(b) An applicant for registration may have no history of a revoked or refused
registration.

2. Inspections.
(a) A registration shall be issued only after inspection by a licensed County Health
Department Inspector, who may bring with him or her a Humane Law
Enforcement Officer and/or Animal Control Officer.
(b) If unacceptable conditions are found at initial inspection, the applicant will have 30
days to correct the conditions and re-apply. If the applicant fails the second pre-
registration inspection, no registration shall be issued.
(c) Inspections shall occur once a year, or upon a complaint.

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(d) Regardless of whether any property owner, occupant or tenant applied for
registration, if they may be in violation of this ordinance, as determined by way of
complaint or otherwise, the Township shall have the right to inspect.

3. Comply, at a minimum, with the requirements established under N.J.A.C. 8:23A-1.2 to


1.13, which include:
(a) § 8:23A-1.2 Compliance
(b) § 8:23A-1.3 Facilities (general)
(c) § 8:23A-1.4 Facilities (indoor)
(d) § 8:23A-1.5 Facilities (outdoor)
(e) § 8:23A-1.6 Primary enclosures
(f) § 8:23A-1.7 Feeding and watering
(g) § 8:23A-1.8 Sanitation
(h) § 8:23A-1.9 Disease control
(i) § 8:23A-1.10 Holding and receiving of animals
(j) § 8:23A-1.11 Euthanasia
(k) § 8:23A-1.12 Transportation
(l) § 8:23A-1.13 Records and administration

These incorporated regulations shall apply to any property owner, occupant or tenant in
Shamong Township having fifteen (15) or more adult dogs, regardless of whether reference
is made to a kennel, pet shop or other operation as defined by the State regulations. Where
any regulations indicate a deviation may be permitted by contraindication by the
supervising veterinarian, such must be evidenced in writing and available at the time of
inspection.

4. Comply with supplemental conditions as established by the Township, as follows:


(a) Record Keeping. Immediately upon request by the Township, the following records
must be available:
(1) Each registrant shall submit the total number of dogs housed, sold, traded,
bartered, brokered, given away, or the like during the previous year.
(2) Each registrant shall keep a record of the method of acquisition and disposal for
each dog (whether sold, deceased, given away or other methods) for at least three
years.
(3) Each registrant shall keep a record of the veterinarian treatments performed on
each dog for at least three years.

(b) Primary Enclosures. Primary enclosures shall meet the following criteria:
(1) Enable adequate air flow and fresh air exchange. Provide shelter and protection
from extreme temperatures and weather conditions that may be uncomfortable or
hazardous to the dogs. Provide sufficient windbreaks, shade and covered shelter
large enough to cover all the dogs housed in the primary enclosure at one time.
(2) All surfaces in contact with the dogs shall be constructed of a material that can be
adequately cleaned and sanitized. Floors must protect the dogs’ feet and legs
from injury with only solid or wide-slatted flooring as described herein. Wire
strand flooring and gridded flooring prohibited.
(3) Enclosures shall not be stacked one on top of another nor suspended from the
ceiling.
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(4) There shall be at least one foot of headroom above the head of the tallest dog in
the enclosure. There shall be at least twelve square feet of indoor space for each
dog up to twenty-five inches long, at least twenty square feet of indoor space per
each dog between twenty-five and thirty-five inches long, and at least thirty
square feet of indoor floor space per each dog for dogs thirty-five inches and
longer (with the length of the dog measured from the tip of the nose to the base of
the tail).
(5) Dogs may not be exposed to extreme temperatures without adequate access to
their housing or enclosure. In addition to the 55 degree minimum in the State
regulations, there shall also be an 85 degree maximum temperature for all primary
enclosures.

(c) Veterinary care. Veterinary care must meet the following criteria:
(1) Registrant shall provide a written medical program signed by a licensed
veterinarian and proof of hands-on examination by a veterinarian for each dog at
least once each year.
(2) Each dog shall be properly identified by a collar ID, cage card or microchip so
that it can be matched with the appropriate, individualized veterinary records.
(3) Core vaccinations as recommended by the AVMA, including rabies vaccinations
for all dogs over 4 months of age and vaccinations necessary to prevent common
canine diseases such as Parvovirus. Medication necessary to prevent infestation
by intestinal parasites.
(4) Euthanasia, surgical births, and other surgical procedures to be performed only by
a licensed veterinarian.

(d) Breeding restrictions.


(1) Records of litters birthed are required to be maintained for a period of three years
along with records of testing for genetic conditions.
(2) Females should not give birth more than six litters in a lifetime.
(3) Offspring shall not be removed from the premises earlier than eight weeks of age
except for medical reasons such as veterinary visits.

(e) Grooming and dental care. Grooming and dental care shall meet the following
criteria:
(1) Grooming of fur and nails at least twice a year or more often as needed to prevent
matting of fur and curling/overgrowth of nails.
(2) Annual oral examination with subsequent treatment of identified problems.
(3) Records of groom and oral examination and treatment shall be maintained for
three years.

In the event of any discrepancy with these supplemental conditions and the State
regulations incorporated in Chapter 54-23.C.3 above, the supplemental conditions shall
apply.

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§ 54-24. Limitations.

A. Numbers. No more than a total of twenty-five (25) dogs shall be kept, maintained or
harbored at one time, for any length of time, in any residential housing unit or on its
grounds or in any business establishment or on its grounds. This limitation shall not
apply to a business established by way of use variance, pre-existing non-conforming use
certification, or similar land use approval as a commercial operation in the Regional
Growth Area Zone.

A. Grace Period. Grace Period. Those persons or properties who at the effective date of
this article shall have in their possession animals exceeding the number of animals
permitted in Subsection A shall have a period of sixty (60) days to come into
compliance. It is the intent of this section to bring those persons or properties, who on
the effective date of this article have more than the permitted number of animals, into
compliance with this section while ensuring that the animals can be placed in
appropriate adoption facilities or homes.

§ 54-25. No Additional Rights Conferred.

This chapter does not confer any land use rights upon any property owner, occupant or tenant.
Any property owner, occupant or tenant desiring to operate a commercial facility related to the
ownership or housing of dogs must comply with the land use and zoning ordinances of the
municipality. Nothing herein shall prevent a property owner, occupant or tenant, including but
not limited to any kennel, breeder, pet shop, rescue organization, foster home, or the like, from
pursuing approvals from the Shamong Township Joint Land Use Board by way of use variance
or otherwise.

§ 54-26. Violations and penalties.

Any person, firm, corporation, association or legal party whatsoever who or which shall
violate, or authorize or procure a violation, or cause to be violated, any provision of this article
shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions,
Article II, General Penalty, § 1-15, governing general penalty provisions.

Any day that any property owner, occupant or tenant is in violation of this section shall
constitute a separate offense.

Section Three: All Ordinances and provisions thereof inconsistent with the provisions of
this Ordinance shall be and are hereby repealed to the extent of such inconsistency
Section Four: If any section, paragraph, subdivision, clause or provision of this ordinance
shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision,
clause or provision and the remainder of this ordinance shall be deemed valid and effective.

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Section Five: This ordinance shall take effect immediately upon final passage and
publication according to law.

I, Susan D. Onorato, Township Clerk of the Township of Shamong, County of


Burlington, State of New Jersey, do hereby certify that this ordinance was passed on
first reading at a meeting of the Township Committee held on October 2, 2018, and will
be further considered for adoption following a public hearing to be held on November
7, 2018, at 7:30 p.m. at the Shamong Municipal Building.

_________________________
Susan D. Onorato, RMC