[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. III, Licensing of Dogs, adopted 11-27-1973 by Ord. No. 1378 as Ch. 43, Art. III, of the 1973 Code; amended in its entirety 3-2-1992 by Ord. No. 92-1, and subsequently amended.
A. 
(Reserved)
B. 
The sum to be paid annually for a potentially dangerous dog license and for each renewal thereof in this municipality shall be the sum of $700 per animal per year, which fee shall be retained by the Township of Toms River and deposited in a special account and used to pay for the enforcement and administration of P.L. 1989, c. 307, pursuant to N.J.S.A. 4:19-35.
As used in this article, the following terms shall have the meanings indicated:
ANIMAL
Dog or cat.
ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the State of New Jersey to enforce the provisions of this article.
DOG
Any dog, bitch or spayed bitch of the domestic dog species; male, female or altered.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months, or which possesses a set of permanent teeth.
KENNEL
Any establishment wherein or whereon the business of boarding, selling or breeding dogs is carried on, except a pet shop.
MUNICIPAL DOG LICENSING AGENT
The designated agent of the Township of Toms River charged with administering the issuance and/or revocation of permits and licenses under the provisions of this article.
OWNER
When applied to the proprietorship of a dog, shall include every person having a right of property (or custody) in such dog and every person who has such dog in his/her keeping, or who harbors or maintains a dog or knowingly permits a dog to remain on or about any premises occupied by that person.
PERSON
Any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
POUND
Any establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed.
SPAYED/NEUTERED
Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
A. 
Vaccination and license requirements. No person shall own, keep, harbor or maintain any dog over seven months of age within the Township of Toms River, unless such dog is vaccinated and licensed. The provisions of this section do not apply to dogs held by a state or federally licensed research facility, or a veterinary establishment where dogs are received or kept for diagnostic, medical, surgical or other treatments, or licensed animal shelters, pounds, kennels or pet shops.
B. 
Vaccination certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the state.
C. 
Exemptions. Any dog may be exempted from the requirements of such vaccination for a specified period of time by the local Board of Health, upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition, or regimen of therapy, the inoculation of such dog shall be deemed inadvisable.
A. 
Dogs must have a license number displayed. Any person who shall own, keep or harbor a dog of licensing age within the Township of Toms River shall apply for and procure from the municipal dog licensing agent and/or his/her deputy for the Township of Toms River a license and official registration tag with license number, or a registration sleeve for each dog so owned, kept or harbored, and shall place upon such dog a collar or other device with the license number securely fastened or displayed thereto.
B. 
Time for applying for license. The owner of any newly acquired dog of licensing age, or of any dog which attains licensing age, shall make application for a license tag or sleeve for such dog within 10 days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a dog within the Township of Toms River for no longer than 90 days.
C. 
Dogs brought into jurisdiction. Any person who shall bring or cause to be brought into the Township of Toms River any dog licensed in another state for the current year, and bearing registration tag or sleeve, and shall keep the same or permit the same to be kept within the Township of Toms River for a period of more than 90 days, shall immediately apply for a license and registration tag or sleeve for each such dog.
D. 
Application, contents, preservation of information. The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought, and whether it is of a long- or short-haired variety; also the name, street and post office address of the owner and the person who shall keep or harbor such dog. The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the municipal dog licensing agent and/or his/her deputy.
E. 
License forms and tags. License forms and official tags or sleeves shall be furnished by the municipality and shall be numbered serially and shall bear the year of issuance and the name of the municipality.
F. 
Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license. The municipal dog licensing agent and/or his/her deputy for the Township of Toms River shall not grant any such license and official registration tag or sleeve for any dog, unless the owner thereof provides written evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services, or has been certified exempt as provided by § 165-11 of this article. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.
G. 
License fee schedule. A license shall be issued after payment of a fee of $20 for each unneutered dog and $15 for each neutered dog. Persons who fail to obtain a license as required within the time period specified in this section will be subject to an additional delinquent fee of $5 for the first 30 days after payment was due and $10 for more than 30 days after payment was due.
[Amended 7-27-2010 by Ord. No. 4278-10]
H. 
Fees renewals, expiration date of license. Licenses from another municipality shall be accepted. The person applying for the license and registration tag and/or sleeve shall pay the fee fixed or authorized. The fee for renewal of a license and registration tag or sleeve shall be the same as for the original, and said license, registration tag or sleeve and renewal thereof shall expire on January in the following year. Only one license and registration tag or sleeve shall be required in the licensing year for any dog in the Township of Toms River. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by this municipality as evidence of compliance.
I. 
Loss of license. If a license tag or sleeve has been misplaced or lost, the municipal dog licensing agent and/or his/her deputy may issue a duplicate license and/or registration sleeve for that particular dog free of charge.
J. 
Proof of licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining or harboring a dog, upon the request of any health official, police officer, animal control officer or other authorized person.
K. 
Interfering with persons performing duties under this article. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
L. 
Disposition of fees collected. License fees and other moneys collected or received under the provisions of this article shall be disposed of in accordance with the provisions of N.J.S.A. 4:19-15.11, and as the same may be amended from time to time.
Except as otherwise provided in this article, any person who violates, or who fails or refuses to comply with, this article shall be liable to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the Board of Health of Toms River Township, or by and in the name of the municipality.