[Adopted 9-2-2003 by Ord. No. 1323]
[Amended 8-6-2012 by Ord. No. 1524; 12-1-2014 by Ord. No. 1561]
Caretakers, guardians or handlers of animals will exercise diligence and reasonable care to prevent animals from leaving their premises. An "animal" shall include a dog or a cat. Nothing in this section shall be interpreted to allow the presence of livestock or fowl (as defined in § 105-59) on a premises. Proper restraint of an animal exists when the animal is:
A. 
Enclosed and properly provided for (N.J.S.A. 4:22-17) within a house, building, properly maintained fence, pen or other enclosure.
(1) 
For purposes of this article, a pen shall be considered a fenced-in area that restricts movement of any animal within a property. A pen shall be used to house only one animal at any given time. Pens for each animal weighing 25 pounds or more must measure at least 150 square feet in size, be six feet in height and be soundly constructed of chain-link metal. Pens for each animal weighing less than 25 pounds must measure at least 100 square feet in size, be six feet in height and be soundly constructed of chain-link metal. When the weight of an animal is an element of a defense to a penalty issued pursuant to § 105-49 herein, documented proof of an animal's weight may relieve a caretaker, guardian, or handler from liability under this section. The documented proof of an animal's weight must be provided by an office, shelter, or any other entity that is overseen by a veterinarian licensed by the State Board of Veterinary Medical Examiners.
(2) 
All pens must be located in the rear yard of the property and shall not be located less than 10 feet from the side yard and the rear yard of the property. The "rear yard" of the property shall be interpreted in a manner consistent with § 141-4 of the Borough Code to mean the open space extending across the full width of the lot between the rear lot line and a line parallel to the rear lot line through the nearest point of the principal building to the rear lot line. The "side yard" of the property shall be interpreted in a manner consistent with § 141-4 of the Borough Code to mean an open space extending from the front yard to the rear yard and lying between each side lot line and the building, measured perpendicular from the side lot line to the nearest point of the principal building.
(3) 
The pen shall be properly maintained, kept free of the animals' waste materials and other trash, and be sanitized on a daily basis. Clean, potable water shall be available at all times and must not be allowed to freeze over. Foods shall be made available at least once every 24 hours, or in the case of juvenile animals, at least twice every 24 hours. Food and water dishes shall be sanitized on a daily basis. A soundly constructed, adequately sized and properly positioned and maintained dwelling (i.e., doghouse) must be made available for the animal within the pen or enclosure.
B. 
On a leash held by a competent person over the age of 16.
Caretakers, guardians or handlers of animals will exercise diligence and reasonable care to keep animals under restraint while off the caretakers, guardians' or handlers' premises. Restraint exists when the animal is:
A. 
Temporarily inside a vehicle, parked or in motion, with a licensed driver in attendance.
B. 
Temporarily inside a vehicle, parked or in motion, with a licensed driver in attendance in a securely fastened cage or animal carrier with adequate ventilation and large enough to allow room for the animal to stand and turn around without touching the sides or top of the cage or carrier.
C. 
Confined and properly proved for (N.J.S.A. 4:22-17) within a house or building or secure enclosure with permission of the occupant of the property where the animal is temporarily located.
D. 
On a leash held by a competent person over the age of 16.
Animals shall not be chained, tied, fastened or otherwise tethered to doghouses, trees, stakes, poles, fences, walls or any other stationary objects outdoors or indoors as a means of confinement for more than two consecutive hours in any twenty-four-hour period.
Any person who violates this article shall be subject to the following punishment:
A. 
First offense: fine of $25.
B. 
Second offense: fine of $50.
C. 
Third offense: fine of $150 and seizure and impoundment of animals by an animal control officer, police officer, sheriff or humane society official who shall leave at the place of seizure and impoundment a conspicuous notice indicating the animal(s) has been seized and impounded and the address and phone number where the animal is impounded. Further, notice shall be given that the impounding agency shall be compensated for costs incurred. The animals may be released from the impounding agency when evidence exists that proper restraint provisions have been put into place and/or are in place within seven days. The impoundment agency shall take permanent possession of the animals if the caretakers, guardians or handlers fail to provide proper restraint with the seven-day period and/or pending a court hearing.