[Adopted 5-10-2007 by Ord. No. 2007-08]
A.
When not inconsistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
B.
IMMEDIATE
KENNEL
OWNER/KEEPER
PERSON
PET
PET SHOP
PET SOLID WASTE
PROPER DISPOSAL
For the purpose of this article, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this article clearly demonstrates
a different meaning:
The pet solid waste is removed at once, without delay.
Any establishment wherein or whereon the business of boarding,
selling, breeding or training of dogs is carried, except pet shop.
[Added 7-24-2008 by Ord. No. 2008-08]
Any person who shall possess, maintain, house or harbor any
pet or otherwise have custody of any pet, whether or not the owner
of such pet.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Any place of business which is not part of a kennel wherein
animals, including but not limited to dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship,
rather than for business or research purposes.
[Added 7-24-2008 by Ord. No. 2008-08]
Waste matter expelled from the bowels of the pet; excrement.
Placement in a designated waste receptacle, or other suitable
container, and discarded in a refuse container which is regularly
emptied by the municipality or some other refuse collector; or disposal
into a system designed to convey domestic sewage for proper treatment
and disposal.
A.
All pet owners and keepers are required to immediately
and properly dispose of their pet's solid waste deposited on any property,
public or private, unless said property is owned or possessed by said
pet owner and/or keeper or permission has been granted from the owner
of said private property.
B.
Exemptions. Any owner or keeper who requires the use
of a disability assistance animal shall be exempt from the provisions
of this section while such animal is being used for that purpose.
[Amended 7-13-2023 by Ord. No. 2023-23]
A.
Any owner
of a dog or other person responsible for a dog shall not allow a dog
to run at large upon private property without the express permission
of the property owner.
B.
Any owner
of a dog or other person responsible for a dog shall properly constrain
said dog on any public street or any other public area where dogs
are specifically allowed under this Code by an adequate leash no longer
than six feet in length.
Any dog while engaged in hunting or training
for hunting shall be in the immediate control, custody or management
of its owner or keeper. The owner, lessee or keeper of a dog found
running at large in the woods or fields shall be liable to a penalty
of $20 for each offense.
The owner or keeper of any dog shall be responsible
for the damages done by such dog.
A.
No person shall own, keep or harbor any dog which
has attained or shall attain the age of seven months or shall possess
a set of permanent teeth, within the Township, unless he first obtains
a license and official metal registration tag therefor, issued by
the Board of Health upon application and payment of the prescribed
fee.
B.
The license shall contain the name and address of
the owner of such dog; a short description of the dog, indicating
the breed, sex and markings; the number of such license; and shall
bear the signature of the Township Clerk or his or her designee. Said
license and official metal registration tag shall be procured during
the month of June in each year, and said registration tag shall thereafter
be securely fastened to a collar or harness placed upon said dog.
[Amended 7-24-2008 by Ord. No. 2008-08]
C.
License and registration fees.
[Amended 7-24-2008 by Ord. No. 2008-08]
(1)
The person applying for the license and registration
tag shall pay to the Township a fee of $12 for each dog. If the person
applying for the license and registration tag presents a certificate
signed by a licensed veterinarian stating that the dog has been spayed
or neutered, the fee shall be reduced to $9 for a one-year license.
Each license and tag shall be renewed annually. Of the above fees,
the Township's portion shall be $7.80 per license year and the remainder
of the funds shall go to the State of New Jersey, as required by N.J.S.A.
4:19-15.1 et seq. Each license tag shall be renewed either prior to
or upon the expiration of the license previously issued, and for each
animal renewal, a fee for the license and registration tag shall be
paid. Said license and registration tags and renewal thereof shall
expire on June 30 in the year stated on the license.
D.
Only one license and registration tag shall be required
in any licensing year for any dog owned in New Jersey, and such license
and tag issued by any other municipality shall be accepted by the
Township as evidence of compliance with this section.
E.
Dogs used as guides for handicapped persons and commonly
known as "Seeing Eye" dogs, "hearing ear" dogs or "service" dogs,
as provided in N.J.S.A. 4:19-15.3, shall be licensed and registered
as other dogs herein provided for, except that the owner or keeper
of such dog shall not be required to pay any fee therefor.
F.
Application forms for license and uniform official
metal registration tags designed by the State Department of Health
shall be furnished by the Township, and licenses shall be numbered
serially and shall bear the year of issuance and the name of the Township.
G.
The owner of any newly acquired dog which has attained
or shall attain the age of seven months or shall possess a set of
permanent teeth shall apply for a license and registration tag for
such dog within 10 days after such acquisition or age attainment.
H.
Any person who shall bring or shall cause to be brought
into the Township any dog licensed in another state for the current
licensing year and bearing a registration tag and shall keep the same
or permit the same to be kept within the Township for a period of
more than 90 days shall immediately apply for a license and registration
tag for each such dog. Any person who shall bring or cause to be brought
into the Township any unlicensed dog and shall keep the same or permit
the same to be kept within the Township for a period of more than
10 days shall immediately apply for a license and registration tag
for each such dog.
I.
No person except an official or agent 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.
[Amended 7-24-2008 by Ord. No. 2008-08]
A.
Allowing any dog to run at large in this Township
shall be considered a nuisance.
B.
Owning, keeping or harboring more than three dogs
on property of less than one acre shall be considered a nuisance.
C.
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. 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 Judge 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 degrees that
such acts interrupted or interfered with any neighbor's enjoyment
and use of his or her 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 Code of Little Egg
Harbor Township.
A.
In the event that any dog shall be found running at
large upon any public or private property, other than the property
of the person owning, keeping, or harboring said dog in violation
of any of the provisions of this article, such dog shall be forthwith
taken and impounded by the police, Dog Warden or other duly authorized
official or agent of this Township and shall be kept and confined
for a period of time of not more than 10 days and shall then be destroyed
in a manner causing as little pain as possible and consistent with
the provisions of N.J.S.A. 4:22-19 or offered for adoption; provided,
however, that:
(1)
Notice is given as set forth in N.J.S.A. 4:19-15.16
and the animal remains unclaimed; or
(2)
The person owning, keeping or harboring the animal
has not claimed the animal and paid all expenses incurred by reason
of its detention, including maintenance cost not exceeding $4 per
day, or the person does not produce a license and registration tag
for a dog which was unlicensed at the time of seizure.
B.
If adopted, at the time of adoption, the right of
ownership in the animal shall transfer to the new owner.
[Added 7-24-2008 by Ord. No. 2008-08]
A.
Any person who keeps or operates or proposes to establish
a kennel, pet shop, shelter or pound shall apply to the Township for
a license entitling him or her to keep or operate such establishment.
Any person holding such a license shall not be required to secure
individual licenses for dogs or cats owned by such licensee and kept
at such establishments. Such licenses shall not be transferable to
another owner of different premises.
B.
The application shall describe the premises where
the establishment is located or proposed to be located, as well as
the purpose or purposes for which is to be maintained, and shall be
accompanied by the written approval of the local municipal and health
authority showing compliance with the local and state rules and regulations
governing location and sanitation at such establishment. The application
will also describe the maximum number of dogs, cats or other animals
to be accommodated by such establishment at any one time.
C.
All licenses issued for a kennel, pet shop, shelter
or pound shall state the purpose for which the establishment has been
maintained, and all such licenses shall expire on the last day of
June of each year and be subject to revocation by the municipality
upon the recommendation of the State Department of Health and Senior
Services or the Township for failure to comply with the rules and
regulations of said board, after the owner has been afforded a hearing
by either the state department or Township, except as provided below
in this section.
D.
Any person holding such license shall be required
to secure individual licenses for dogs owned by such licensee and
kept at such establishment since licenses shall not be transferable
to another or different premises.
E.
Review of pet shop licenses; suspension or revocation.
(1)
The license for a pet shop shall be subject
to review by the Township upon the recommendation of the State Department
of Health and Senior Services, or the local health authority, for
failure by the pet shop to comply with the rules and regulations of
the state department or local health authority governing pet shops,
or if the pet shop meets the criteria for recommended suspension or
revocation provided under Subsection (c) or (d) of N.J.S.A. 56:8-96,
after the owner of the pet shop has been afforded a hearing pursuant
to Subsection (e) of N.J.S.A. 56:8-96.
(2)
The Township, based on the criteria for the
recommendation of the local health authority provided under Subsections
(c) and (d) of N.J.S.A. 56:8-96, may suspend the license for 90 days
or may revoke the license if it is determined at the hearing that
the pet shop:
F.
The Township may issue a license for a pet shop that
permits the pet shop to sell pet supplies for all types of animals,
including cats and dogs, and sell animals other than cats and dogs,
but restricts the pet shop from selling cats or dogs, or both.
G.
Every pet shop licensed in the state shall submit
annually, and no later than May 1 of each year, records of the total
number of cats and dogs, respectively, sold by the pet shop each year
to the Township in which it is located, and the Township shall provide
this information to the local health authority.
[Added 7-24-2008 by Ord. No. 2008-08]
The annual license fees for kennel and pet shop
licenses shall be as follows:
[Added 7-24-2008 by Ord. No. 2008-08]
The Township shall forward to the State Department
of Health a list of all kennels, pet shops, shelters and pounds licensed
within 30 days after the licenses therefore are issued. The list shall
include the name and address of each licensee and the kind of license
issued.
[Added 7-24-2008 by Ord. No. 2008-08]
No dog or other animals kept in a kennel, pet
shop, shelter or pound shall be permitted off the premises except
on a leash, in a crate, or other safe control.
A.
Position created. There is hereby created the position
of Chief Animal Control Officer.
B.
Appointment and term of office. The Chief Animal Control
Officer shall be appointed by the Mayor, with the advice and consent
of the Township Council, and shall serve a term of office of three
years, commencing on January 1 of the year of appointment and ending
on December 31 of the third year, or until a successor shall be appointed
and qualified. The Chief Animal Control Officer shall be reappointed
unless for good cause.
C.
Duties. The duties of the Chief Animal Control Officer
shall include, but not be limited to, the following:
(1)
Heading the Animal Control Department and reporting
to and being directly responsible to the Township Administrator.
(2)
Enforcing the provisions of the Township animal control
ordinances and the state statutes, including the taking into custody,
impounding, adoption, etc., of animals.
(3)
Administering and enforcing rules and regulations
and special emergency directives for the disposition and discipline
of the Department and its officers and personnel.
(4)
Implementing, exercising and discharging the functions,
powers and duties of the Department.
(5)
Delegating duties and assignments of all subordinates
and other personnel of the Department.
(6)
Overseeing the administration of the Animal Control
Department, including but not limited to the keeping of needed records
and files.
(7)
Reporting annually, or as needed, to the Township
Administrator on the operations of the Department.
(8)
Performing such other related tasks as are required
by the Mayor and Township Council.
D.
Qualifications. To be appointed to the position of
Chief Animal Control Officer, an individual must meet the following
requirements:
A.
Position created. There is hereby created the position
of Animal Control Officer.
B.
Appointment and term of office. The Animal Control
Officer shall be appointed by the Mayor, with the advice and consent
of the Township Council, and shall serve a term of office of three
years, commencing on January 1 of the year of appointment and ending
on December 31 of the third year, or until a successor shall be appointed
and qualified. The Animal Control Officers shall be reappointed unless
for good cause.
C.
Duties. The duties of the Animal Control Officer shall
include, but not be limited to, the following:
(1)
Reporting directly to the Chief Animal Control Officer.
(2)
Enforcing the provisions of the Township animal control
ordinances and the state statues, including the taking into custody,
impounding, adoption, etc., of animals.
(3)
Assuming and performing all duties and responsibilities
of the Chief Animal Control Officer in his absence.
(4)
Assisting the Chief Animal Control Officer in formulating
and implementing policy, regulations, goals and objectives of the
Animal Control Department.
(5)
Overseeing personnel and equipment to ensure that
both meet Department standards and safety requirements.
(6)
Overseeing the supervision of the Assistant Animal
Control Officers.
(7)
Performing such duties as directed by the Mayor and
Township Council.
D.
Qualifications. To be appointed to the position of
Animal Control Officer, an individual must meet the following requirements:
(1)
Hold a certified animal control officer's certificate
from the State of New Jersey.
(2)
Have one year of animal control experience involving
the enforcement of ordinances and/or statutes, including the taking
into custody, impounding, adoption, etc., of animals. A person must
hold a certified animal control officer's certificate from the State
of New Jersey.
A.
Position created. There is hereby created the position
of Animal Cruelty Investigator.
B.
Appointment and term of office. The Animal Cruelty
Investigator shall be appointed by the Mayor, with the advice and
consent of the Township Council, and shall serve a term of office
of three years, commencing on January 1 of the year of appointment
and ending on December 1 of the third year, or until a successor shall
be appointed and qualified.
C.
Duties. The duties of the Animal Cruelty Investigator
shall include, but not be limited to, the following:
(1)
Enforce all laws and ordinances enacted for the protection
of animals including, but not limited to, animal control, animal welfare
and animal cruelty laws of the state and local ordinances.
(2)
Conduct investigations and initiate and prosecute
complaints and/or violations of animal control, animal welfare or
animal cruelty laws of the State of New Jersey, as well as local ordinances.
(3)
Engage in the apprehension and arrest and detection
of offenders who have violated animal control, animal welfare and
animal cruelty laws of the state as well as local ordinances.
(4)
Working in consultation and cooperation with the Little
Egg Harbor Police Department, the Chief Animal Control Officer and
other animal cruelty investigators under the direction of the Chief
Animal Control Officer as well as the Business Administrator, when
applicable, and when necessary cooperatively determining whether probable
cause exists for the application and issuance of a search or arrest
warrant and implementing same.
D.
Qualifications. To be appointed to the position of
Animal Cruelty Investigator, a person must hold a certified animal
control officer certificate from the State of New Jersey and have
and maintain the New Jersey State Animal Cruelty Investigators Certification
pursuant to N.J.S.A. 4:19-15.16a.
A.
Any person who violates, fails or refuses to comply with § 134-6 of this article shall be liable to a penalty of not less than $5 nor more than $50 for each offense, except for the first offense the penalty shall be not less than $1 nor more than $50, as determined in the discretion of the Municipal Court Judge.
B.
Any person violating or failing to comply with any
other provision of this chapter shall, upon conviction thereof, be
punishable by a fine not to exceed $2,000, by imprisonment not to
exceed 90 days or by community service of not more than 90 days, or
any combination of fine, imprisonment and community service, as determined
in the discretion of the Municipal Court Judge. The combination of
such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
C.
The violation of any provisions of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
