Township of Toms River, NJ
chevron_right
2023-09-27
info
chevron_right
Part I: Administrative Code
chevron_right
Part II: General Legislation
chevron_right
Chapter 165 Animals and Animal Establishments
chevron_right
Article VI Municipal Humane Law Enforcement Officer
- Part I: Administrative Code
- Organization
- Ch 1 General Provisions
- Ch 4 (Reserved)
- Ch 5 Township Council
- Ch 9 (Reserved)
- Ch 10 Office of the Mayor
- Ch 11 (Reserved)
- Ch 12 (Reserved)
- Ch 14 Office of the Municipal Clerk
- Ch 15 (Reserved)
- Ch 18 (Reserved)
- Ch 19 Office of the Tax Assessor
- Ch 21 (Reserved)
- Ch 23 Administrative Organization
- Ch 25 (Reserved)
- Ch 28 (Reserved)
- Ch 31 (Reserved)
- Ch 34 (Reserved)
- Ch 37 (Reserved)
- Ch 40 Department of Administration
- Ch 42 (Reserved)
- Ch 44 Department of Finance
- Ch 46 Department of Human Services
- Ch 47 (Reserved)
- Ch 48 Department of Community Development
- Ch 49 Department of Law
- Ch 50 Department of Law Enforcement
- Ch 52 (Reserved)
- Ch 54 Department of Public Works
- Ch 56 Department of Recreation
- Ch 60 Municipal Court
- Ch 62 Office of Municipal Public Defender
- Ch 63 (Reserved)
- Ch 64 Office of Municipal Prosecutor
- Ch 66 Office of Emergency Management
- Ch 68 Division of Community Service
- Ch 70 (Reserved)
- Ch 71 Statutory Boards and Commissions
- Ch 75 (Reserved)
- Ch 76 Advisory Committees
- Miscellaneous
- Ch 80 Claims Approval
- Ch 83 (Reserved)
- Ch 84 Contracts, Public
- Ch 86 Cooperative Pricing Agreements
- Ch 88 Criminal History Record Checks and Physical Examinations
- Ch 91 (Reserved)
- Ch 94 Defense and Indemnification
- Ch 95 Open Space Trust Fund
- Ch 99 (Reserved)
- Ch 102 (Reserved)
- Ch 104 Employee Regulations and Benefits
- Ch 105 (Reserved)
- Ch 108 Payroll Account System
- Ch 109 Fire Companies
- Ch 114 Fire Districts
- Ch 118 (Reserved)
- Ch 120 Hazardous Materials Management
- Ch 121 Hotels and Motels
- Ch 123 Business, Rental Property and Multifamily Property Insurance Registration
- Ch 124 (Reserved)
- Ch 125 Mutual Aid Agreements
- Ch 128 (Reserved)
- Ch 129 Official Map
- Ch 131 (Reserved)
- Ch 132 Public Records, Inspection and Copying
- Ch 141 Retirement
- Ch 146 (Reserved)
- Ch 147 Salaries and Compensation
- Ch 150 Tax Map
- Ch 152 Volunteer Incentives
- Part II: General Legislation
- Ch 158 Adopt-A-Highway Program
- Ch 159 Alarm Licensing and Operations
- Ch 160 Advertising
- Ch 162 Alcoholic Beverages
- Ch 165 Animals and Animal Establishments
- Ch 165 Art VI Municipal Humane Law Enforcement Officer
- § 165-25 Scope and purpose.
- § 165-26 Establishment of position; appointment; qualifications.
- § 165-27 Powers and duties.
- § 165-28 Reporting violations.
- § 165-29 (Reserved)
- Ch 170 Auctions and Auctioneering
- Ch 175 Bathing Beaches, Swim Clubs and Swimming Pools, Municipal
- Ch 182 Beaches, Cleaning of
- Ch 185 (Reserved)
- Ch 189 Beach Protection
- Ch 192 Beach Shelters and Tents
- Ch 198 Boat Docks and Bulkheads, Public
- Ch 201 Boat Facility and Bulkhead Construction
- Ch 205 Bridge Area Restrictions
- Ch 210 (Reserved)
- Ch 213 Building Material, Lumber and Plumbing Supply Yards, Secondhand
- Ch 217 Buildings for Public Assemblages, Temporary
- Ch 221 Buildings, Moving of
- Ch 224 Buildings, Numbering of
- Ch 228 Buildings, Unfit and Unsafe
- Ch 232 Burning, Outdoor
- Ch 234 Cannabis
- Ch 238 Carnivals, Circuses and Traveling Shows
- Ch 245 Condominiums
- Ch 252 Construction Codes, Uniform
- Ch 253 Continued Use and Occupancy of Residential Dwellings
- Ch 264 Driveway Accesses and Curbs for Commercial Properties
- Ch 269 Drug-Free Zones
- Ch 273 Dwellings, Design and Appearance of
- Ch 277 Electrical Standards
- Ch 280 (Reserved)
- Ch 287 Fees
- Ch 291 Fences, Plantings and Walls
- Ch 294 Fertilizer
- Ch 295 Filming
- Ch 297 Fire Hydrants and Equipment
- Ch 300 Fire Insurance Claims
- Ch 303 (Reserved)
- Ch 308 Fire Prevention and Protection
- Ch 310 Emergency Medical Services
- Ch 313 Flood Damage Prevention
- Ch 316 Food Stands and Restaurants, Outdoor
- Ch 321 Games of Chance and Amusement Games
- Ch 325 Golf Courses
- Ch 327 Graffiti
- Ch 330 Hazardous and Toxic Materials
- Ch 335 Housing and Rental Property Standards
- Ch 338 Hunting
- Ch 340 Invasive Plants
- Ch 344 Junkyards and Salvage Yards
- Ch 348 Land Use and Development Regulations
- Ch 354 Laser Pointers
- Ch 356 Littering
- Ch 357 Massage Parlors
- Ch 363 Mobile Home Parks
- Ch 368 Nuisances
- Ch 378 Parking Lots at Recreation Areas
- Ch 383 Parks, Municipal
- Ch 388 Peace and Good Order
- Ch 391 Peddling and Soliciting
- Ch 396 (Reserved)
- Ch 399 (Reserved)
- Ch 408 Realty Improvements: Water and Sewage Facilities
- Ch 413 Sales, Special
- Ch 415 Precious Metals and Secondhand Goods
- Ch 417 Septic Tanks, Cesspools and Privy Vaults
- Ch 421 Sewers
- Ch 427 Signs
- Ch 430 Skateboards, Sporting Activities and Hobbyists
- Ch 433 Smoking
- Ch 438 (Reserved)
- Ch 440 Special Improvement District
- Ch 442 Solid Waste
- Ch 447 Street Acceptance Procedure
- Ch 448 Street Vacation Procedures
- Ch 450 Streets and Sidewalks
- Ch 457 Taxicabs and Taxicab Drivers
- Ch 462 Tobacco Products, Sale of
- Ch 465 (Reserved)
- Ch 468 Towing
- Ch 469 Traffic Control Signal Monitoring System
- Ch 471 Trees
- Ch 473 Property Registration Program
- Ch 477 Vehicles and Traffic
- Ch 481 Vehicles, Inoperative
- Ch 485 Vehicles, Sale or Storage on Vacant Land
- Ch 488 Vehicles, Snowmobiles and All-Terrain
- Ch 492 Vehicles, Unlicensed Motor-Driven
- Ch 495 Water Connections
- Ch 497 (Reserved)
- Ch 501 Waterway Control
- Part III: Board of Health
- Ch 512 General Provisions, Board of Health
- Ch 516 Animals
- Ch 520 Communicable Diseases
- Ch 524 Dumping
- Ch 531 Food and Beverage Vending Machines
- Ch 534 Food-Handling Establishments, Retail
- Ch 537 Food, Sale of
- Ch 542 Health Nuisances
- Ch 551 Officers and Employees
- Ch 555 Personnel Policies
- Ch 558 Plumbing Standards
- Ch 561 Privies, Outdoor
- Ch 566 Salaries and Compensation
- Ch 569 Sanitary Facility Certification Fees
- Ch 572 Sewerage Connections
- Ch 575 Slaughtering and Slaughterhouses
- Ch 579 Swimming Pools, Public
- Ch 585 Vital Statistics Certificate Information
- Ch 589 Water Supplies
- Appendix
- Ch A598 Cable Television Franchise
- Ch A602 Names of Major Arteries, Streets and Highways
- Ch A605 Open Video Franchise
- Ch A608 Record of Result of 2006 Election
- Ch A610 Street Name Changes
- Disposition List
- Ch DL Disposition List
[Adopted 6-26-2018 by Ord. No. 4592-18[1]]
This article is established to comply with P.L. 2017, c. 331,[1] which limited the functions of the New Jersey Society
for the Prevention and Cruelty of Animals ("NJSPCA"), devolving upon
counties and municipalities the responsibility for enforcing, and
investigating and prosecuting violations of, animal cruelty laws,
and which requires municipalities to designate a Municipal Humane
Law Enforcement Officer to carry out these functions.
[1]
Editor's Note: See N.J.S.A. 4:22.
A.
The Chief Animal Control Officer (or, if the same official, the Division
Manager of Animal Control) is hereby designated the Municipal Humane
Law Enforcement Officer, to serve in both capacities concurrently.
In the event that he or she, for whatever reason, cannot function
as Municipal Humane Law Enforcement Officer, the Chief of Police may
designate a properly trained police officer to serve in this capacity
on a temporary or permanent basis.
B.
The Municipal Humane Law Enforcement Officer must obtain all training,
licensing, and certifications required by law either prior to or within
one year of appointment. These credentials must be periodically updated
and maintained in good standing as required by law.
C.
The Municipal Humane Law Enforcement Officer must undergo a criminal
background check and a character, competency, and fitness examination
administered by the Chief of Police or his designee. Following review
of these examinations, the Chief of Police or his designee shall issue
to the appointee and to the Mayor and Township Council a written determination
approving or rejecting the appointee and explaining the reasons for
the decision.
D.
The appointment shall be effective upon approval by resolution of
Township Council.
E.
The Chief of Police or his designee shall supervise the Municipal
Humane Law Enforcement Officer and shall appoint a liaison within
the Police Department to assist the Municipal Humane Law Enforcement
Officer with investigations and enforcement.
A.
The Municipal Humane Law Enforcement Officer is empowered to:
(1)
Enforce all animal welfare and animal cruelty laws and ordinances.
(2)
Investigate and sign complaints concerning violations of animal welfare
and animal cruelty laws and ordinances.
(3)
Act as an officer for the detention, apprehension, and arrest of
offenders of animal welfare and animal cruelty laws and ordinances.
(4)
Coordinate investigation and enforcement activities with the county
prosecutor as required by law.
(5)
Prepare and submit to the county prosecutor all reports required
by law.
(6)
Perform any and all other acts and duties as permitted by law.
B.
The Municipal Humane Law Enforcement Officer must abide by and carry
out the provisions of Chapter 22 of Title 4 of the New Jersey Statutes.
C.
Only a police officer serving concurrently as Municipal Humane Law
Enforcement Officer may carry a firearm.
The Division of Animal Control shall establish a dedicated telephone
number and e-mail address for the Municipal Humane Law Enforcement
Officer to receive reports of violations of animal welfare and animal
cruelty laws and regulations.
