The following words and terms shall have the
meanings herein indicated for the purposes of this article:
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
KEEPER
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
KENNEL
A building or structure used for the purpose of boarding,
raising, breeding, training or otherwise dealing with dogs, except
that this definition shall not include a pet shop operated for the
sale of pets, their equipment and supplies, or buildings or structures
used solely for the housing of a dog or dogs owned by the occupant
of the property and kept as a pet or pets.
OWNER
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
has such dog in his keeping.
VICIOUS DOG
Any dog which has been declared by a Municipal Judge to be
a vicious dog, which has attacked or bitten any human being, or which
habitually attacks other dogs or domestic animals.
The Chief of Police of the Borough shall annually
cause a canvass to be made of all dogs owned, kept or harbored within
the limits of the Borough and shall report to the Clerk, the Board
of Health and to the State Department of Health and Senior Services
the results thereof, setting forth in separate columns the names and
addresses of persons owning, keeping or harboring dogs; the number
of licensed dogs owned, kept or harbored by each person, together
with the registration number of each dog; the number of unlicensed
dogs owned, kept or harbored by each person, together with a complete
description of each unlicensed dog.
No person shall own, keep or harbor a dog in
the Borough except in compliance with the provisions of this article
and the following regulations:
A. Wearing of registration. All dogs for which licenses
are required by the provisions of this article to be licensed shall
wear a collar or harness with the registration tag for such dog securely
fastened thereto.
B. Use of registration tags. No person, except an officer
in the performance of his duties, shall remove a registration tag
from the collar of any dog without the consent of the owner, nor shall
any person attach a registration tag to a dog for which it was not
issued.
C. Interference with official duties. No person shall
hinder, molest or interfere with anyone authorized or empowered to
perform any duty under this article.
D. Disturbing the peace. The constant or intermittent
barking, loud whining, or other objectionable noises caused by any
dog or other animal, whether on or off the owner's premises, is hereby
declared to be unlawful and constitutes disturbing the peace.
E. Running at large. No person owning, keeping or harboring
any dog shall suffer or permit it to run at large upon the public
streets or in any public park, public building or other public place
within the Borough.
F. Leashing. No person owning, keeping or harboring any
dog shall suffer or permit it to be upon the public streets or in
any of the public places of the Borough unless such dog is accompanied
by a person over the age of 12 years and is securely confined and
controlled by an adequate leash which may be a retractable leash up
to 15 feet in length or a fixed leash not more than six feet long.
[Amended 8-9-2008 by Ord. No. 1320]
G. Property damage. No person owning, keeping or harboring
a dog shall permit or suffer it to do any injury, or to do any damage
to any lawn, shrubbery, flowers, grounds or property.
H. Animals prohibited in and upon public building structures
and beaches.
(1) No dog or other animal shall be permitted to run free
in or upon any public property in the Borough of Stone Harbor. No
dogs or other domesticated animals shall be permitted, at any time,
whether under leash or running free, in the area south of the 127th
Street jetty to Hereford Inlet.
[Amended 6-17-2008 by Ord. No. 1316]
(2) No dog or other animal shall be permitted in or upon
any public building or upon any public platform, pavilion, beach stand,
beach guard equipment, boat or upon any other public structure, or
any part thereof, at any time, except for Seeing Eye dogs working
with their owners or masters.
(3) Dogs and other animals, under leash, shall be permitted
upon the public sidewalks, public streets and public parking lots
at any time. Additionally, dogs and other animals, under leash, shall
be permitted upon public oceanfront beaches as follows:
[Amended 5-6-2008 by Ord. No. 1312; 4-16-2019 by Ord. No. 1545]
(a) The walking of dogs under leash on the beach shall be permitted between
80th and 122nd streets with no time restrictions from the day after
Labor Day through and including the Thursday before Memorial Day.
(b) The walking of dogs under leash on the beach in the evening is permitted
between 80th and 122nd street from 7:00 p.m. to sunset from the Friday
before Memorial Day through and including Labor Day.
(c) Dogs are never permitted south of 127th Street, the Stone Harbor
Point Conservation Area.
I. Kennels prohibited. No person shall at any time maintain
a kennel or kennels within the Borough limits of the Borough of Stone
Harbor except for the Borough-owned dog impounding area.
J. Soiling and defilement by dogs. Unless immediate cleanup
and disposal is undertaken, no person owning, harboring, keeping,
walking, or in charge of any dog shall cause, suffer, permit or allow
such dog to defecate on any common thoroughfare, street, sidewalk,
passageway, road, bypath, play area, park or any place where people
congregate or walk, or upon any boardwalk, beaches or beachfront in
this Borough, or upon any public property whatsoever, or upon any
private property without the permission of the owner of the private
property in the last instance. Proper cleanup and disposal shall mean
that such person shall immediately remove all feces and droppings
deposited by such dog, which removal shall be in a sanitary manner
by shovel, container, disposal bag or some other similar device, and
said feces and droppings shall be removed by said person from the
aforesaid designated areas and disposed of by said person in a sanitary
manner, so as to prevent any noxious odors, attraction of vermin or
any other public health nuisance to neighbors. This subsection shall
not apply to or be enforced against blind persons.
K. The Borough Council may, from time to time, designate by resolution
certain of the Second Avenue median islands as areas where pedestrians
and domesticated animals (e.g., pets) are prohibited. In connection
with this designation, the Borough Council shall provide a mechanism
for the placement of appropriate signage to inform the public of such
prohibition.
[Added 4-7-2015 by Ord. No. 1460]
L. Violations and penalties. Anyone violating any provision of this section shall be subject to the penalties set forth in Chapter
1, Article
III, Penalty, of the Borough of Stone Harbor Code.
[Amended 3-7-2006 by Ord. No. 1251]
Where it has been determined by a physician
that a person has been bitten by a dog, such individual, or his parent
or guardian if he is a minor, shall immediately notify the police.
When the owner or keeper of any dog shall be notified by the police
that the dog has bitten any individual, the owner or keeper of the
dog shall comply with the following procedures:
A. Have the dog examined by a licensed veterinarian within
12 hours.
B. Have the dog kept in quarantine in the owner's home
for a period of 10 days.
C. At the end of 10 days have the dog reexamined by a
veterinarian and a written report of the dog's state of health sent
to the Board of Health.
The Council may, by proclamation, require all
dogs and cats to be quarantined during such period in each year that
may seem advisable to the Council.
[Amended 3-7-2006 by Ord. No. 1251]
The Council shall have the power to appoint
an Animal Control Officer whose duty it shall be to enforce the provisions
of this article. The Council shall also have the power to appoint
one or more persons, to be known as "dog catchers," who may impound
unlicensed dogs running at large in violation of the provisions of
this article, and who shall make a monthly and annual report to the
Council.
[Amended 3-7-2006 by Ord. No. 1251]
Except as provided in N.J.S.A. 4:19-15.19, anyone violating any section of this article shall, upon conviction thereof, be subject to the penalties set forth in Chapter
1, Article
III, Penalty, of the Borough of Stone Harbor Code. Each day the violation continues shall constitute a separate offense.