[Adopted 11-12-2008 by Ord. No. 15-2008]
A. 
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. 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.
B. 
The word "shall" is always mandatory and not merely directory.
ANIMAL CONTROL OFFICER
A person 18 years of age or older who has satisfactorily completed the course of study approved by the Commissioner of Health and Senior Services and the Police Training Commission as prescribed by Paragraphs (1) through (3) of Subsection a. of Section 3 of P.L. 1983, c. 525 (N.J.S.A. 4:19-15.16a); or who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L. 1983, c. 525 for a period of three years before January 17, 1987.[1]
CAT
Any member of the domestic feline species, male, female or altered.
CAT OF LICENSING AGE
Any cat which has attained the age of seven months or which possesses a set of permanent teeth.
COMMON HOUSEHOLD PETS
Dogs, cats, hamsters, mice, ferrets, fish, rabbits, potbellied pigs, snakes (excluding constrictors and poisonous snakes) and domesticated birds, including, but not limited to, canaries, parakeets, myna birds, parrots and the like.
DISTURBING NOISE
The habitual barking, howling, whining or crying of a dog or dogs or the howling of a cat or cats, or the chirping, cooing of birds in the Borough of Atlantic Highlands at any hour is hereby declared to be a disturbing noise within the meaning of N.J.S.A. 40:48-1, Subsection 8, and a nuisance.
DOG
Any dog, bitch or spayed bitch.[2]
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.[3]
FARM ANIMALS
Horses, ponies, livestock, cattle, goats, sheep, pigs, mules, donkeys, fowl and any other animals customarily kept on a farm, but not including common household pets.
NEUTERED/SPAYED
Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OWNER/KEEPER
When applied to the proprietorship of a dog, shall include every person having a right of property in that dog and every person who has that dog in his keeping, and when applied to the proprietorship of any other animal, including, but not limited to, a cat, shall include every person having a right of property in that animal and every person who has that animal in his keeping.[4]
PERSON
Any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
WILD OR EXOTIC ANIMALS
Any species of animal whose natural or usual habitat within the State of New Jersey is either in a zoo or the wild, as opposed to a domesticated environment, regardless of whether such animal poses an actual or apparent threat to persons, other animals, or property. This includes wild animals not normally found in the State of New Jersey, such as tigers, alligators and other wild animals.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
License required. Every person who shall own any dog, of licensing age within the municipality shall annually obtain a license for each dog from the Municipal Clerk. The Municipal Clerk shall issue a registration number for each dog so licensed. For the purpose of this section, any person who harbors or possesses any dog for a period of 15 days or more shall be deemed the owner of the dog so harbored or possessed. In order for the license to be issued, the owner must present proof such as a rabies certificate that a licensed veterinarian has vaccinated the dog against rabies and that the duration of immunity from that vaccination extends through at least 10 months of the twelve-month licensing period. An exemption to the rabies inoculation requirement shall be granted if the owner presents written certification from a licensed veterinarian that the dog cannot be vaccinated due to a medical condition or course of therapy or that the dog is too young to be vaccinated. A dog owner shall have the option of obtaining a three-year license. A three-year license shall require proof of rabies vaccination extending over the three-year term of the license, with an expiration date of November 1 or later of the third year of the licensing term.
[Amended 2-23-2011 by Ord. No. 03-2011; 1-25-2024 by Ord. No. 04-2024]
B. 
License fee. Dog license fees, including the late fee to be paid by all persons purchasing a license 30 days after expiration of such license, shall be as provided in Chapter 168, Article II. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs except that the owner or keeper of such dog shall not be required to pay any fee.
[Amended 5-9-2007 by Ord. No. 07-2007; 2-23-2011 by Ord. No. 03-2011]
C. 
Registration tags. The registration number issued by the Municipal Clerk for each licensed dog shall be on a metal tag, which tag shall be securely attached to a strap or collar worn around the neck or body of each licensed dog. Each tag shall have marked on it the words "Atlantic Highlands, New Jersey," the year for which the tag was issued and the registration number. The Municipal Clerk may issue substitute tags upon proof of loss by the owner of the registered dog; and the owner shall pay an additional fee for each and every substitute tag, which fee shall be as provided in Chapter 168, Article II.
[Amended 2-23-2011 by Ord. No. 03-2011]
D. 
Removing or transferring tags unlawful. 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.
E. 
Newly acquired dogs of licensing age. The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall apply for a license and registration tag for such dog within 10 days after such acquisition or age attainment.
[Amended 2-23-2011 by Ord. No. 03-2011]
F. 
Dogs brought into Borough.
(1) 
Any person who shall bring or cause to be brought into the Borough any dog currently licensed in any other municipality for the current year and bearing a registration tag and who shall keep the same or permit the same to be kept within the Borough for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog.
(2) 
Any person who shall bring or cause to be brought into the Borough any unlicensed dog of licensing age and who shall keep the same or permit the same to be kept within the Borough for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog.
[Amended 2-23-2011 by Ord. No. 03-2011]
G. 
Recording of dog licenses. The Municipal Clerk shall maintain a system for the purpose of registering the name and address of the owner of the dog sought to be licensed and the name, breed, sex and markings of each dog registered. Its number shall be entered therein and numbers for each application for registration shall be in the order in which the application is made.
H. 
Regulations for control of dogs.
(1) 
Running at large. No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets, any public park, any public building or any other public place, unaccompanied by its owner or his, her or its representative and without a leash attached to the collar of such dog or to trespass upon the private property of other persons in the municipality. Any dog found running at large shall be deemed to be doing so with the permission of its owner, keeper or harborer and such person shall be guilty of a violation of this subsection.
[Amended 2-23-2011 by Ord. No. 03-2011]
(2) 
Nuisance restrictions. No dog owner shall suffer or permit any dog to annoy neighbors or other persons living within the immediate vicinity in the municipality, by barking, howling, whining or crying, nor permit the dog to trespass upon the private property of any other persons in the municipality, nor suffer or permit his dog to damage shrubbery, flowers, gardens or any other property of any kind or character belonging to any neighbor or other person in the municipality. No person shall keep, harbor or maintain any dog which habitually barks howls, between the hours of 10:00 p.m. and 6:00 a.m. or which, by frequent barking, howling, whining or crying, disturbs the peace, comfort or quiet of any neighbor.
(3) 
Solid waste removal. All dog owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person. Proper disposal is the 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. In the event that any dog shall, through inadvertence or otherwise, soil, defile, defecate on or commit any nuisance contrary to the foregoing restrictions, the person owning, harboring, keeping or in charge of such dog shall immediately remove all feces deposited by such dog. The provisions of this article shall not apply to blind persons who may use dogs as guides.
A. 
Any member of the Police Department or the Animal Control Officer or its designated agent, authorized or employed for such purpose by the Borough, shall take into custody and impound or cause to be taken into custody and impounded the following:
(1) 
Any dog off the premises of the owner or of the person keeping or harboring said dog, which said Chief or member of the Police Department or agent of the Borough has reason to believe is a stray dog.
(2) 
Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on its collar.
(3) 
Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.
[Added 2-23-2011 by Ord. No. 03-2011]
(4) 
Any dog or other animal off the premises of the owner reported to, or observed by, a certified animal control officer to be ill, injured or creating a threat to public health, safety or welfare, or otherwise interfering with the enjoyment of property.
[Added 2-23-2011 by Ord. No. 03-2011]
(5) 
Any dog running at large in violation of § 97-13H.
(6) 
Any dog which has, on more than one occasion, attacked or bitten a human being or which habitually attacks other dogs or domestic animals or which otherwise has shown such savagery, fierceness or ferocity as to indicate that it is a threat to the safety of individual persons (hereby defined to be a "vicious dog").
B. 
All dogs seized under these provisions shall be impounded in a place designated by the Borough Council as the dog pound and shall be kept there until disposed of in accordance with the provisions of this section.
C. 
Redemption of seized dogs. Any dog seized under the provisions of this section may be redeemed by the owner of the dog upon the payment of such fees as are provided in Chapter 168, Article II; provided, however, that such redemption must be within seven days of the impounding or seizure of any dog as provided in this section. If any animal so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or the owner or the person keeping or harboring said animal is known, any person authorized by the governing body shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said animal, if known, a notice in writing stating that the animal has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after the service of the notice.
[Amended 2-23-2011 by Ord. No. 03-2011]
D. 
Exemption. The preceding requirements of Subsections A, B, C and D of this section shall not be deemed applicable when any dog found running at large or seized and impounded (whether licensed or unlicensed) is vicious or appears to be suffering from rabies. In such case, the Municipal Clerk or any member of the Police Department or agent of the Humane Society may forthwith cause said dog to be destroyed, without incurring any liability for such action.
A. 
No person, firm or corporation shall, at any time, maintain a kennel or similar structure for the purpose of boarding, raising, training or otherwise dealing in dogs or cats. The boarding, training or sale of dogs or cats for compensation within the limits of the municipality is hereby prohibited.
B. 
Nothing in this section shall prevent the use of facilities for the temporary boarding of animals including dogs and cats in direct contiguous conjunction with a licensed veterinarian clinic or veterinary hospital.
A. 
License required; exception.
[Amended 5-24-2017 by Ord. No. 06-2017]
(1) 
No person shall own, keep, harbor or maintain any cat within the municipality, over seven months of age, unless such cat is vaccinated. For the purpose of this section, any person who harbors or possesses any cat for a period of 15 days or more shall be deemed the owner of the cat so harbored or possessed.
(2) 
Exception. Any cat may be exempted from the requirements of such vaccination 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 cat shall be deemed inadvisable.
B. 
Cat license fee. The cat license fee shall be as provided in Chapter 168, Article II. An additional late fee shall be paid by all persons purchasing a license 30 days after expiration of such license.
[Amended 2-23-2011 by Ord. No. 03-2011]
C. 
Registration tags. The registration number issued by the Municipal Clerk for each licensed cat shall be on a metal tag, which tag shall be securely attached to a strap or collar worn around the neck or body of each licensed cat. Each tag shall have marked on it the words "Atlantic Highlands, New Jersey," the year for which the tag was issued and the registration number. The Municipal Clerk may issue substitute tags upon proof of loss by the owner of the registered cat; and the owner shall pay an additional license fee as provided in Chapter 168, Article II, for each and every substitute tag.
[Amended 2-23-2011 by Ord. No. 03-2011]
D. 
Compliance dates. Any cat owner bringing a new cat into the municipality, in any year, must obtain a proper license within 15 days of taking possessing of that cat. Any kitten under the age of vaccination must obtain a license within 30 days after receiving their first vaccination. All cats currently residing and licensed within the Borough, must obtain a new license within 30 days after the expiration of such license. Any owner of a cat in the Borough who shall neglect or refuse to obtain a license in the manner herein provided shall be guilty of a violation of this section.
E. 
Nuisance restrictions.
[Amended 5-24-2017 by Ord. No. 06-2017]
(1) 
Solid waste removal. All cat owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person. Proper disposal is the 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.
(2) 
No person shall keep, harbor or maintain any cat which habitually whines or howls between the hours of 10:00 p.m. and 6:00 a.m. or which, by frequent howling, whining or crying, disturbs the peace, comfort or quiet of any neighbor.
(3) 
No person shall permit any cat to remain on or about any premises, or provide food to or shelter to any cat unless such cat is vaccinated. Any person feeding or sheltering a cat that is stray or feral shall be considered the owner and keeper of such cat and will be responsible for adhering to all provisions of § 97-16.
A. 
Number of common household pets limited.
(1) 
No person or entity shall own, keep, harbor or maintain more than 12 common household pets, other than fish, at one premises. Dogs and cats which have not attained licensing age shall not be included within the twelve-pet limitation.
(2) 
All common household pets shall be maintained and housed in accordance with all applicable state, county and local health codes and regulations.
B. 
Pot-bellied pigs.
(1) 
Registration required. Every person who shall own any pot-bellied pig within the municipality shall register each pig with the Municipal Clerk. The Municipal Clerk shall issue a registration number for each pig. Every pot-bellied pig must be vaccinated in accordance with the statutes and regulations of the State of New Jersey and the recommendations of any state and/or county health organization.
(2) 
License fee. The pot-bellied pig license fee shall be as provided in Chapter 168, Article II. An additional late fee per pot-bellied pig license shall be paid by all persons purchasing a license 30 days after expiration of such license.
[Amended 2-23-2011 by Ord. No. 03-2011]
C. 
Solid waste removal. All common household pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person. Proper disposal is the 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. 
Declaration of nuisance; responsibility of owner. No person owning or having responsibility for the care, custody or control of any common household pet shall not suffer or permit such animal to:
(1) 
Deposit any feces or to commit any nuisance upon any sidewalk, street or thoroughfare or upon any public park, playground or other public place.
(2) 
Soil or defile or do any injury or damage to any lawn, vegetable garden, shrubbery, trees, flowers, driveway or ground on any private property of persons other than that of the owner or person responsible for the care, custody or control of such pet.
(3) 
Cause any injury to any person.
(4) 
Cry, whine, howl or otherwise disturb the peace or quiet of the neighborhood or the sleep of any person for any unreasonable length of time.
(5) 
Be or become a public nuisance or create a condition hazardous to safety health or well-being of any resident, business owner or visitor.
B. 
No person shall keep, harbor or maintain any common household pet which habitually disturbs the peace, comfort or quiet of any neighbor.
C. 
No person owning or having the responsibility for the care, custody or control of any common household pet shall permit the accumulation of animal waste within or upon the premises where such animal or animals are kept, so as to allow the creation of any public health hazard or an odor of animal waste discernible beyond the property lines of the dwelling unit upon which the animal or animals are kept.
D. 
Each of the household animal behaviors described in this article is hereby declared to be a nuisance.
A. 
Purpose. The purpose of this section is to establish requirements for the keeping of farm animals and wild or exotic animals and to establish licensing procedures therefor.
B. 
Minimum land area required. No farm animal or wild or exotic animal shall be kept by any person or entity unless the land on which such animal is to be kept shall consist of a minimum of five acres. The governing body of the Borough of Atlantic Highlands finds and declares that such area is the minimum needed for the keeping of such animals.
C. 
Licenses required. No person, firm, household, corporation or other entity shall keep any farm animal or wild or exotic animal within the Borough of Atlantic Highlands unless such person or entity shall first apply for and obtain a license from the Municipal Clerk and shall comply with all regulations contained in this section.
D. 
License applications. All applications under this section shall be in writing and shall state the kind and number of animals, the purpose for which they will be kept. The application shall be accompanied by a sketch showing the location of all buildings or enclosures proposed for such animals. The Municipal Clerk may require the designation of genus and species of animals were deemed necessary.
(1) 
No license shall be granted where it appears from the application that the occupant of any neighboring property shall be adversely affected by the presence of the animals for which the license is sought. "Adversely affected" shall be deemed to mean affected by noise, odor, unsightliness or reasonably perceived danger of physical harm.
(2) 
Applications for licenses to harbor farm animals or wild or exotic animals may be obtained upon application to the Municipal Clerk.
(3) 
Provided that a properly completed application shall be submitted, the Municipal Clerk shall present such application, within 20 days, to the Zoning Officer, which shall grant or deny the license applied for.
(4) 
The Borough Code Enforcement Officer, and/or the Borough Administrator, may revoke any license issued under this section in the event of violation by the licensee of any of the provisions of this chapter.
(5) 
Where any license application is denied or any license is revoked, the applicant or licensee may, within 15 days of the denial or revocation, request a hearing before the governing body. The governing body may affirm, modify or reverse such denial or revocation. The hearing shall be held within 30 days of the receipt of the request for hearing, and the determination of the governing body shall be issued within 30 days after the hearing.
E. 
Other laws applicable. Nothing contained in this section shall be deemed to permit the keeping of any animal or engaging in any practice prohibited by Title 4 of the New Jersey Statutes or by any other law, ordinance or regulation.
F. 
Exceptions. Any animal rehabilitator licensed by the New Jersey Department of Environmental Protection shall be exempt from the provisions of this section.
The provisions of this article may be enforced upon written complaint by a complaining witness filed in the Municipal Court. In any proceeding before the Judge of the Municipal Court, upon a complaint duly made and filed in the Municipal Court, if the Court shall then find that the animal in question has committed the prohibited acts alleged in the complaint, there shall be a presumption that the defendant owner, possessor or harborer has suffered or permitted such animal to commit the prohibited acts alleged in the complaint; and it shall not be necessary that the complainant prove the defendant's knowledge, or intention; provided,1 however, that it shall appear in such proceeding that a complainant has on at least one other previous occasion lodged a complaint with the Municipal Police Department charging the same defendant with the same offense, and that the defendant had notice of such previous complaints.
It shall be the responsibility of the Police Department, Code Enforcement Officer, Animal Control Officer or any other individual, corporation or entity that the municipality shall contract with for the responsibility of enforcing this article to sign a complaint upon violation of this article and also to sign a complaint after investigating the notice of any violation of any provision of this article.
Any person who shall in any way hinder or interfere with the Police Department, Code Enforcement Officer, Animal Control Officer or any other individual, corporation or entity that the municipality shall contract with for the responsibility of enforcing this article, in the performance of their duties under the provisions of this article shall be deemed to have violated the provisions of this article.
Except as provided in N.J.S.A. 4:19-15.1 et seq., any person who shall violate any provision of this article, upon conviction thereof, shall pay a fine of not less than $100 nor more than is provided in Chapter 1, Article II, General Penalty, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).