The purpose of this chapter is to license and regulate the activities
of dogs and other animals within the City to ensure the protection
of the public health, safety and welfare of the citizens.
Unless the context specifically indicates otherwise, the meanings
of the terms used in these regulations shall be as follows:
ANIMAL
For the purpose of this chapter, a domestic animal.
ANIMAL CONTROL OFFICER
A certified municipal animal control officer or, in the absence
of such an officer, the chief law enforcement officer of the City
or his designee.
ATTACK DOG
Any dog or dog hybrid trained or baited to attack persons
or animals. No attack dog may be maintained in or upon residential
premises within the City, and no attack dog shall be maintained on
any nonresidential property within the City except in strict compliance
with the requirements of N.J.S.A. 4:19-24(a)(1) through (3) and this
chapter.
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.
DOG
Any dog or dog hybrid.
DOG OF LICENSING AGE
A dog which has attained the age of seven months or which
possesses a set of permanent teeth.
ENCLOSURE
Any structure used to restrict a dog or dogs to a limited
amount of space, such as a pen, run, cage or compartment.
GUARD DOG
Any dog trained to attack a person at the command or instruction
of a trainer. No guard dog may be maintained upon residential premises
within the City except in strict compliance with the requirements
of N.J.S.A. 4:19-24(a)(1) through (3) and this chapter.
HANDLER
Any person in immediate physical charge of a dog.
KENNEL
Any establishment or premises where the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
LEASH
A chain, strap, cord or harness of sufficient substance to
hold the animal under control and shall be no longer than 15 feet.
NUISANCE
Defecation or urination, destruction of property, disturbing
the peace, emitting noxious odors, or otherwise endangering or offending
the well-being of the inhabitants of the City.
OWNER
Any adult having an ownership interest in an animal or an
adult who keeps or harbors an animal on or about his or her premises.
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.
PERSON
A natural person, association, corporation, firm, partnership,
trust or other legal entity.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, where dogs or other animals are kept or displayed for
sale.
POLICE DOG
A dog actively engaged by a law enforcement agency to aid
in its law enforcement duties.
POTENTIALLY DANGEROUS DOG
Any dog declared potentially dangerous by a Municipal Court
pursuant to state law (N.J.S.A. 4:19-23).
POUND
An establishment for the confinement of dogs seized either
under the provisions of N.J.S.A. 4:19-15.16, this chapter or otherwise.
PREMISES
Any parcel of land and any structures located thereon.
RUNNING AT LARGE
To be free of physical restraint or control beyond the boundaries
of the premises of the owner.
SHELTER
Any establishment where dogs or other animals are received,
housed and distributed.
STRAY
Any animal found running at large.
TRAINER
Any person who trains or owns an attack dog or guard dog
or from whom an attack dog or guard dog takes commands or instructions.
VICIOUS DOG
Any dog declared vicious by a Municipal Court pursuant to
state law (N.J.S.A. 4:19-22).
[Amended 5-12-2016 by Ord. No. 5-2016]
A. The provisions of N.J.S.A. 4:22-11.1 through N.J.S.A. 4:22-60 governing
the prevention of cruelty to animals are incorporated herein by reference.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
TETHER
To restrain an animal by tying to any stationary object or
structure, including, but not limited to, a house, tree, fence, post,
garage or shed, by any means, including, but not limited to, a chain,
rope, cord, leash or pulley/running line, but shall not include the
use of a leash when walking an animal.
C. Chaining or tethering of dogs.
(1) Dogs must be able to move freely when chained or tethered and shall
be so 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 harnesses or buckle-type collars. The tether or chain shall
be constructed of lightweight cable not weighing more than 1/16 of
the animal's weight. A doghouse shall be accessible to dogs that are
chained or tethered. Tethered animals shall have access to potable
water, food, shelter and dry ground at all times.
(2) No dog or other domesticated animal shall remain outdoors, tethered,
untethered or penned, during a period of extreme weather, including,
but not limited to, extreme heat (above 90° F.), extreme cold
(below 32° F.), or during thunderstorms, tornadoes, tropical storms,
or hurricanes.
(3) In no instance shall a dog or other domesticated animal remain outdoors,
tethered, untethered or penned, under the age of six months old or
while sick, injured or in distress.
D. Enforcement and entry onto premises.
(1) Any humane law enforcement officer or agent of the New Jersey Society
for the Prevention of Cruelty to Animals, County Society for the Prevention
of Cruelty to Animals, the Somers Point Certified Animal Control Officer,
or other state or local law enforcement officer may immediately enter
onto the private property where a dog is located and take physical
custody of the dog or other domesticated animal if the officer or
agent has probable cause to believe that the dog or other domesticated
animal is at risk of imminent harm due to a violation of this section
and shall place the dog or other domesticated animal in an animal
rescue organization facility, shelter, pound, or kennel operating
as a shelter or pound to ensure the humane care and treatment of the
dog or other domesticated animal.
(2) Upon taking physical custody of a dog or other domesticated animal
pursuant to this subsection, the person taking physical custody of
the dog or other domesticated animal shall:
(a)
Promptly post, in a conspicuous place at the location where
the dog was taken, a notice which shall contain:
[1]
A description of the dog or other domesticated animal;
[2]
A statement that the dog or other domesticated animal may be
euthanized upon a veterinarian's written determination of medical
necessity;
[3]
The reason for taking custody of the dog or other domesticated
animal, including a reference to this section of the Municipal Code;
[4]
The contact information, including at least the name of any
applicable office or entity, the name of a person at such office or
entity, and a telephone number, for the dog's or other domesticated
animal's owner or the person with custody or control of the dog to
obtain information concerning the dog or other domesticated animal,
the alleged violation, and the location where the dog or other domesticated
animal has been impounded; and
(b)
Send by registered, certified, or ordinary mail a copy of the
same notice to the address of the location where the dog or other
domesticated animal was taken into physical custody.
E. Violations and penalties.
(1) Penalties for violations shall be as described in Code §
120-25.
(2) In addition to any such penalty, the owner or custodian of any dog
or other domesticated animal which shall have been impounded under
this section shall be responsible for the payment of all costs, charges,
and expenses incurred in and during such impoundment.
The governing body of the City shall have the authority to establish
by resolution an animal control shelter to provide services for the
City, and to contract for services with that shelter consistent with
the requirements established by state law, or to utilize the services
of any such shelter provided by Atlantic County.
During the aforementioned seven-day custodial period, any dog
or other animal so impounded may be claimed by its owner upon payment
to the animal shelter the fee established by the shelter for each
day or portion thereof that the dog or other animal remains in the
custody of the animal shelter.
Any dog or other animal which has been seized pursuant to this
chapter which has not been reclaimed during the custodial period set
forth herein may be claimed by any person willing to assume the responsibility
of ownership. Otherwise, said dog or other animal may be disposed
of by the animal shelter or other designated official by being put
to death in as humane a manner as possible.
The provisions 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 City Clerk and members of the Clerk's staff.
The Animal Control Officer, any Assistant Animal Control Officer
or any other officer designated by the City to enforce this chapter,
when engaged in the performance of his or her duty, is hereby authorized
to enter upon any premises to seize or impound any dog or other animal
which he may lawfully seize or impound when such officer is in the
immediate pursuit of said animal except upon the premises of the owner
of the animal if said owner is present and forbids same. In that event,
the Animal Control Officer or the designated enforcement officer must
apply to a court of competent jurisdiction to obtain a search warrant
and authority to seize the animal.
No person shall give false information, hinder, or interfere
with anyone authorized or empowered to perform any duty under this
chapter.
The Somers Point Police Department shall, pursuant to N.J.S.A.
4:19-15.15, cause a canvass to be made of all dogs owned, kept or
harbored within the City and shall report on or before September 1
of each calendar year to the City Clerk, to the Atlantic County Board
of Health, and to such state agencies required by state law the result
of the canvass setting forth in separate columns the name and address
of persons owning, keeping or harboring unlicensed dogs, the number
of unlicensed dogs owned, kept or harbored by each person together
with a complete description of each unlicensed dog.
All other provisions of N.J.S.A. 4:19-1 through 4:19-43 are
hereby adopted and incorporated herein by the City of Somers Point.