[Adopted 12-20-1976 by Ord. No. 3-76]
As used in this article, the following terms shall have the meanings indicated:
AT LARGE
Refers to a dog off the premises of the owner and not securely fastened to a tether, leash, cord or chain or the like, not to exceed eight feet in length, held by its owner or other person capable of controlling said dog.
DOG
Any dog, bitch or spayed bitch.
HABITUALLY
Constant, steady or frequent.
HARBOR
To either care for, shelter, house, feed or medicate a dog or other animal. A person who allows a dog or other animal to use, go on or stay on property over which he has control or lives on, or a person who encourages a dog or other animal to use, go on or stay on any other property, shall be presumed to harbor said dog or other animal.
OWNER OR OWN
When applied to the proprietorship of a dog or other animal, includes every person having a right of property in such dog or other animal and every person who harbors or has such dog or other animal in his keeping or control.
PERSON
Includes a person, partnership, corporation or other legal entity.
SCRATCH
A break, wound or abrasion which breaks the skin.
Every owner of a dog over seven months of age shall have his dog inoculated with 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 Health, Education and Welfare, unless the dog is certified exempt as provided by regulations of the State Department of Health and this article. Such vaccination shall be repeated annually, or at such intervals as provided by regulations of the State Department of Health, and shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same. Any dog may be exempted from the requirement of such vaccination for a specified period of time by the Board of Health, or its agent, upon the presentation of a certificate from a duly licensed veterinarian stating that by reason of age, infirmity or other physical condition the vaccination of such dog for such specified period of time is contraindicated. It is further provided that nothing herein contained shall be deemed to require the vaccination of any dogs located in and confined to duly recognized and licensed kennels, dog pounds, pet shops, shelters or veterinary hospitals.
The owner of any dog vaccinated against rabies shall obtain from the veterinarian who vaccinates said dog a certificate supplied by the Board of Health or its agent or a standard immunization certificate in use by the licensed veterinarian of this or any other state or country and shall within 10 days of each vaccination or within 10 days after bringing the dog into the Township of Toms River, if the dog was vaccinated before being brought into the Township, deliver said certificate to the Board of Health or its agent.
No owner of any dog nor any person in charge of any dog shall suffer or permit such dog to run at large upon any public street, public park, public building or other public place within the Township or on private property without the permission of the owner of said property or other person having control thereover.
No person shall permit his dog or any dog under his charge, whether or not on a tether, leash, cord or chain or the like, to go upon the lawn, yard or entrance walk or driveway of any private residence without the permission of the owner or other person having control thereover.
[Amended 1-17-1977 by Ord. No. 2-77]
No person shall own any dog or other animal which habitually barks, howls, cries or makes other noise over a prolonged period of time, whether during the day or night. No person shall own more than one animal, including dogs, which as a collective group habitually bark, cry, howl or make other noise over a prolonged period of time, whether during the day or night. Nothing in this section shall prohibit the normal and occasional barks, cries, howls or other noises associated with any one such animal. In imposing a sentence for a conviction under this section, the Magistrate may take into consideration the constantness, steadiness and frequency of the complained of acts, the period of time over which such acts occurred, attempts by the owner to stop such acts, the causes for such acts, the degree that such acts interrupted or interfered with any neighbor's enjoyment and use of his premises, and the owner's prior convictions under this section. There shall be no violation of this section when the complained-of acts were committed by any animal other than a dog or dogs, and such acts occurred upon property in use for farming or agricultural activities, including raising livestock, poultry or small animals, and such use is legally permitted on said property. Nothing in this section shall be construed to prohibit or interfere with the right of persons to use their property for farming or other agricultural uses, when such uses are lawful pursuant to the Zoning Ordinances of the Township of Toms River.[1]
[1]
Editor's Note: See Ch. 348, Land Use and Development Regulations.
No person who shall own or be in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any other place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner or person in control of said property. The restrictions in this section shall not apply to that portion of the street lying between the curblines or upon the street surface, which shall be used to curb such dog, subject to the following conditions:
A. 
The person who curbs such dog shall immediately remove all feces deposited by such dog in a sanitary manner approved by the Board of Health.
B. 
The feces removed from the aforesaid designated area shall be disposed of by the person owning or in charge of any dog curbed in accordance with the provisions of this article, in a sanitary manner approved by the Board of Health.
[1]
Editor's Note: Former § 516-16, Appointment, duties and compensation of Dog Warden; fees, as amended, was repealed 6-13-2017 by Ord. No. 4547-17.
The Board of Health, or any officer or inspector thereof, or member of the Township Police Department may serve notice upon the owner or person in charge of a dog or any other animal which has or is suspected of having attacked, scratched or bitten any person to confine the animal, at the expense of the owner or person in charge, on the premises of the owner or person in charge or at some other place designated in the notice, for at least 15 days after such person was served with such notice. Within 10 days after the service of such notice, or upon such date designated by the Board of Health or its agent, the said dog or animal must be examined by a duly licensed veterinarian to ascertain whether said dog or animal is free from rabies. Within 13 days after the service of such notice, the Board of Health must receive a report of the results of said examination. No dog or animal shall be released from said confinement until a certificate signed by a licensed veterinarian has been filed with the Board of Health attesting to the fact that the animal appears to be healthy and free from rabies and the Board of Health or its agent has issued a certificate of release. It shall be the duty of the owner and person in charge of any dog or other animal so confined to immediately notify the Board of Health, any officer or inspector thereof, or the Dog Warden or the Assistant Dog Warden or the Township Police that such confined animal has died and to retain such dead animal until the Board of Health or its agent has examined the dead animal and authorized its disposal.
The Township Board of Health or any officer or inspector thereof shall be permitted by the owner or person in charge of a dog or other animal which has or is suspected of having attacked, scratched or bitten a person, to examine the dog or other animal at any time, and daily if desired, within a period of 30 days after said attack, scratch or bite occurred to determine whether the animal shows symptoms of rabies, and no person shall refuse, obstruct or interfere with the making of said examination.
If the owner or person in charge of a dog or other animal knows or should know from the attendant circumstances, or is notified by anyone that said dog or animal has or is suspected of having attacked, scratched or bitten any person, said owner or person in charge shall not for 15 days give away, sell, set loose or in any way dispose of or conceal said dog or animal, whether alive or dead, unless the Board of Health or any officer or inspector thereof gives permission to do so.
Every person who is attacked, scratched or bitten by a dog or other animal or the parent or guardian of any minor who is attacked, scratched or bitten by a dog or other animal, or the owner or person in charge of any dog or other animal which has or is suspected of having attacked, scratched or bitten any person, or any person having knowledge, including the treating physician and veterinarian, that a dog or other animal has attacked, scratched or bitten any person shall report said incident, the facts pertaining to said attack, scratch or bite, and give their name and address to the Board of Health, any officer or inspector thereof, or the Dog Warden or the Assistant Dog Warden or Township police. Said report shall be made within 12 hours of said incident.
No person owning or in charge of any dog or other animal which has been known to be vicious by having previously attacked, scratched or bitten any person or persons shall permit such dog or animal to be upon a public street or highway, or upon any premises other than those of the person owning such dog or animal or those of a person who has given permission to said owner to keep or harbor such dog or animal on his premises unless such dog or other animal wears a muzzle securely fastened over his jaws in such manner that he cannot bite.
The person or persons owning or having charge over any dog or other animal which attacks, scratches or bites any person shall be in violation of this article. Such person shall be in violation even if said attack, scratch or bite occurred on his private property or on private property over which he has control unless either the alleged offense occurred in the nighttime or the victim of said attack, scratch or bite was illegally upon such private property. However, if said attack, scratch or bite occurred on such private property, no person shall be in violation of this section so long as at the time of the alleged offense there was a sign or notice conspicuously posted adjacent to all roadways bounding on such private property and adjacent to the usual entryway thereto, and the sign or notice in a readable manner states no trespassing and generally warns to beware of dog or other animal on such property. This section shall not apply if the victim of the attack, scratch or bite is the person who owns or is in charge of such dog or other animal or is a member of such person's family and resides with him.
In addition to the provisions of §§ 516-22 and 516-23 of this article, any dog or other animal which has on more than one occasion within a two-year period attacked, scratched or bit any person or has caused any reasonable person to be fearful for his own safety, by chasing, worrying, snapping or otherwise, or which has habitually attacked other dogs or domestic animals is hereby defined to be a "public nuisance." Upon the filing of a complaint in the Municipal Court reciting such facts, the Magistrate shall determine whether the dog or other animal shall be declared a public nuisance within the meaning of this article. When the complained-of acts did not occur on the private property owned or under the control of the person owning or in charge of said dog or other animal, the Magistrate shall order that the dog or other animal be prohibited from being upon any street, road or public place in the Township unless securely muzzled and under leash. When the acts complained of occurred on such private property, the Magistrate shall order the owner of such private property or person having control thereover to conspicuously post a sign or notice adjacent to all roadways bounding on such private property and adjacent to the usual entryway thereto which in a readable manner states no trespassing and generally warns to beware of dog or other animal on such property. The Magistrate may make such other order with respect to the disposition or destruction of any dog or other animal declared to be a public nuisance as he shall deem consistent with the provisions of this article and in the best interest of the health and welfare of the residents of the Township of Toms River. The provisions of this section shall not apply if the victim of any complained of act is the person who owns or is in charge of such dog or other animal or is a member of such person's family and resides with him.
Any dog or any other animal which is or appears to be suffering from rabies or is immediately dangerous to the public or has been so badly injured that it cannot be helped by a licensed veterinarian or moved may be forthwith destroyed in a humane manner by any officer or inspector of the Board of Health, the Dog Warden, an Assistant Dog Warden or any member of the Township Police Department. Any such dog or other animal may be destroyed by shooting with a rifle or handgun.
Any member of the Board of Health, any officer or inspector thereof, the Dog Warden, an Assistant Dog Warden and any member of the Township Police Department is authorized to go upon any premises to seize for impounding any dog or other animal which he may lawfully seize and impound when he is in immediate pursuit of such dog or other animal, except upon the premises of the owner of the dog or other animal if said owner is present and forbids the same.
Whenever the Board of Health has reason to believe or has been notified by the State Department of Health that there is a danger that rabies may spread within the Township, the Board of Health or any officer, inspector or agent thereof may serve a notice in writing upon all persons within the Township owning or having charge of any dog or other animal, so far as the same may be known, requiring such person to confine such dog or other animal. In lieu of serving such written notice the Board of Health may cause a notice to be published in the official newspaper of the Township. Any person owning or in charge of a dog or other animal which is subject to such notice and who does not comply with the orders and instructions of such notice shall be in violation of this article.
[Amended 1-17-1977 by Ord. No. 2-77]
No person shall strike or hit with any object or by persistent actions tease, torment or harass any dog or other animal which is confined by fence, chain, leash or other means upon the private property of the owner or person in charge of such dog or other animal. This section shall not apply if the offender is the owner or person in charge of such dog or other animal, or if he is a member of such person's family and resides with him, or is an invitee on the premises of such person. Nothing in this section shall prevent a person from protecting himself or others from any dog or other animal. This section shall not be construed to approve, authorize or permit cruelty to animals by their owners or other persons in charge thereof.
[Amended 9-14-1987[1]]
For each violation of any section, subsection or provision of this article, with the exception of § 516-20, such violator shall, upon conviction thereof, be subject to a penalty of a fine of not less than $25 nor more than $500. Each day that a particular violation of any section, subsection or provision of this article continues shall constitute a separate offense.
[1]
Editor's Note: This amendment also provided that it shall be effective 10-14-1987.