Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
Editor's Note: This ordinance repealed former Art. II, Control of Dogs, adopted 11-27-1973 by Ord. No. 1378 as Ch. 43, Art. IV, of the 1973 Code, as amended.
No dog shall run at large at any time in this municipality.
Any dog in any public place or on any of the public highways or sidewalks shall be on leash and in the immediate custody and control of its owner or custodian.
Any dog while engaged in hunting or training for hunting shall be in the immediate control, custody and management of its owner or custodian.
Editor's Note: See also Ch. 338, Hunting.
The owner or custodian of any dog shall be responsible for the damages done by such dog.
Each and every dog shall be duly licensed and shall bear evidence of such license at all times, in accordance with the laws of the State of New Jersey.
The designation of "dog" used in this article shall include all canines, irrespective of age, sex or breed.
[Added 5-12-2015 by Ord. No. 4488-15[1]]
It is unlawful to chain or tether unneutered/unspayed dogs in any manner and/or at any time within the Township.
Neutered/spayed dogs may be tethered under the following circumstances:
The tether must be at least 15 feet long and have an operative swivel on both ends, weigh no more than 1/8 of the dog's weight and be attached to a properly fitted collar or harness.
The collar used for tethering may not be a choke chain collar, slip collar or prong collar.
The tether must allow the dog access to proper shelter, sufficient food and sufficient water.
The tether may not be used in any area where it may be tangled around an object, such as, but not limited to, a tree, pole, fence or stake.
The tether cannot inhibit the movement of the animal's limbs or cause injury, harm, entanglement or strangulation.
The tether must restrain the dog within the bounds of the owner's or custodian's property.
The tether must terminate no less than five feet from any fence, pool, wall, vehicle, tree or roadway, or other object or obstruction upon which the animal might harm itself.
Dogs may be tethered for no more than six consecutive hours in any twenty-four-hour period of time and never between sunset and sunrise.
If there are multiple dogs, each dog shall be tethered separately and in such a manner that the tethers shall not become entangled with each other.
No dog shall be tethered at a vacant structure or premises for any purpose when it is not monitored by a competent adult who is present at the property for the duration of such tethering.
No dog that is sick or injured shall be tethered.
When a violation of this provision occurs, an animal control officer or law enforcement officer is authorized to document the circumstances and obtain evidence.
Editor's Note: This ordinance also redesignated former § 165-8, Violations and penalties, as § 165-8.2.
[Added 5-12-2015 by Ord. No. 4488-15]
Dog shelters shall be a suitable size to accommodate the dog in both standing and lying positions.
It shall be moisture-proof, windproof, ventilated and in cold temperatures shall promote the retention of body heat.
It shall be made of durable material with a solid, moisture-proof floor raised at least two inches from the ground.
It shall have a sufficient quantity of clean bedding material consisting of hay, straw, cedar shavings, or equivalent to provide insulation and protection against cold and dampness.
Drinking water is available in a clean, liquid state. Snow or ice is not an acceptable water source.
The doghouse or similar structure and the surrounding area shall be free from excessive dirt, trash and waste.
For temperatures below 32° F., the doghouse or structure shall have a wind break at the entrance.
For temperatures above 85° F., all dogs must be afforded one or more separate areas of shade large enough to accommodate the entire body of each dog and protect them from the direct rays of the sun.
[Amended 5-12-2015 by Ord. No. 4488-15]
For §§ 165-2 through 165-7, any person, whether as owner or custodian of a dog, convicted of a violation of any of the provisions of this article shall be, upon conviction of any of the provisions hereof, subject to a fine or penalty of not less than $25 and not exceeding $100, irrespective of the number of offenses, or imprisonment in the Ocean County Jail for a term not exceeding 30 days, or both, at the discretion of the Judge before which such conviction is had. For §§ 165-8 and 165-8.1, the first offense shall be a fine of $100, a second offense shall be a fine of $200, and the third offense a fine of $300. For subsequent offenses, there may be a permanent surrender of the dog if recommended by Animal Control and ordered by the municipal court.