Borough of Red Bank, NJ
Monmouth County
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Table of Contents
Table of Contents
[Adopted as Secs. 5-1 and 5-2 of the 1987 Revised General Ordinances]
No person owning or having the care, custody or control of any dog shall permit such dog to go or be off the premises owned by or in the possession of such person unless the dog shall be accompanied by a person who is capable of controlling such dog and who has the dog securely confined and controlled by an adequate leash not more than six feet long, or in a crate or otherwise securely confined.
No person owning or having the care, custody or control of any dog shall permit such dog to soil or defile or to commit any nuisance upon any sidewalk, street or thoroughfare, in or upon any public property, or in or upon the property of persons other than the owner or person having the care, custody and control of such dog.
No person owning or having the care, custody or control of any dog shall permit it to soil or defile or do any injury or damage to any lawn, shrubbery, flowers, grounds, trees or any property of persons other than the owner or person having the care, custody or control of such dog.
No person shall keep, harbor or maintain any dog which habitually barks or cries so as to disturb the public peace.
The owner or custodian of any dog shall be responsible for any damage done by such dog.
[Amended by Ord. No. 239-70; Ord. No. 76-1; Ord. No. 25-79; Ord. No. 22-81; Ord. No. 19-83; Ord. No. 2000-1]
A. 
Each 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 annual fee for such a license shall be $13.80 for each dog, plus $1.20 for the registration tag for each dog. The license, registration tags and renewals thereof shall expire on the last day of January of each year. Persons who fail to obtain a license as required within the time period specified in this subsection will be subject to a delinquent fee of $5.
[Amended 12-19-2007 by Ord. No. 2007-42; 12-18-2013 by Ord. No. 2013-23]
B. 
In addition to all other license fees, there is hereby fixed a $3 surcharge on all licenses for nonspayed and nonneutered dogs.
The Mayor and Council shall have the power to appoint a Poundmaster or other designated authority whose duty it shall be to enforce the provisions of this article. The Mayor and Council shall also have the power to enter into a contract with one or more persons for the exercise of the duty of Dog Catcher, Dog Warden or Poundmaster, and to enforce the provisions of this article.
A. 
The Poundmaster or any other person appointed for the purpose shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or disposed of as provided in this section:
(1) 
Any dog running at large in this Borough.
(2) 
Any dog off the premises of the owner or the person keeping or harboring the dog without a current registration tag on his collar and not controlled by a leash as provided in this article.
(3) 
Any female dog in season, off the premises of the owner or person keeping or harboring such dog.
B. 
When any dog so seized has been detained for seven days after notice, when notice can be given, or has been detained for seven days after seizure when notice cannot be given in accordance with the Laws of the State of New Jersey, and if the owner or person keeping or harboring the dog has not claimed the dog and paid all expenses incurred by reason of its seizure and detention, and if the dog be unlicensed at the time of seizure, and the owner or person keeping or harboring the dog has not produced a license and registration tag for the dog, the Poundmaster, or other designated authority, must cause the dog to be destroyed in a manner causing as little pain as possible.
[Amended by Ord. No. 1988-12; 4-27-2009 by Ord. No. 2009-14]
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine not to exceed $50 for the first conviction of such violation, and upon failure to pay the fine and the costs and charges incidental thereto, may be confined to the county jail for a period not to exceed 10 days; and in the case of a conviction, for a second, subsequent or continuing violation, shall be subject to a fine not to exceed $75 for each offense and upon failure to pay the fine and the costs and charges incidental thereto may be confined to the county jail for a period not to exceed 30 days.
[Added by Ord. No. 1988-12]
The owner of any dog who fails to renew its license before March 1 shall be subject to a $5 late fee.
[Added 3-11-2015 by Ord. No. 2015-03]
A. 
Any person operating a motor vehicle who hits, runs over or causes injury to any animal shall stop at once, ascertain the extent of the injury, render such assistance as may be possible, provided it can be accomplished safely and without danger to the motorist, pedestrians or other motorists, and promptly report to the nearest police station, police officer or the pound.
B. 
The motorist shall promptly report his name, address, operator's license and registration number and the location of the injured animal.
[Added 3-11-2015 by Ord. No. 2015-03]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
TETHERING
The restraining of an animal by the tying to any object or structure, including, without limitation, a house, tree, fence, post, garage, weight or shed, by any means, including, without limitation, rope, cord, leash or running line, but shall not include the use of a leash used to walk the animal or to forms of restraint used in the transportation of the animal.
B. 
It shall be unlawful for any person to tether, fasten, tie, restrain or cause an unattended dog to be fastened, tied or restrained to houses, trees, fences, garages, stakes or other stationary or highly immobile objects by means of a rope, strap or other physical restraint for the purpose of confinement, except in circumstances where all of the following requirements are satisfied:
(1) 
The tethering is for a total of no more than seven hours within a twenty-four-hour period, with a maximum of four hours at any one interval and a minimum one-hour period between confinements.
(2) 
The tether is attached to the dog by a non-choke type collar, swivels at both ends and attached to the stationary object by anchors, latches or similar devices in a manner which the dog is able to move freely and prevents the tether from becoming entangled around the dog or any object so as to limit the dog's freedom within the tethered area or to prevent the dog or any of its appendages from becoming entangled by the tether.
(3) 
The tether shall be of a type commonly used for the size of the dog involved.
(4) 
The construction of the tether shall be of a lightweight, yet durable, material, shall not exceed 20% of the animal's weight and may not be thicker than 1/8 inch.
(5) 
The tether must be a minimum of 15 linear feet in length, less than six feet above the ground and shall remain tangle-free.
(6) 
The tethered dog has easy access to potable drinking water, edible food, dry ground and adequate shade and/or shelter within the tethering area.
(7) 
The tethering area shall be clean, clear of obstructions and/or debris and no less than 150 square feet per dog in total area.
(8) 
The dog, whether used for hunting, farming, breeding or is an otherwise working dog, is regularly monitored while tethered for the aforementioned period of time.
C. 
No dog shall be tethered by means of a choke-type, pinch-type, prong-type or improperly fitting collar.
D. 
Chains shall be prohibited for use as a tethering device.
E. 
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.
F. 
No dog shall be tethered within five feet of another person's property, public thoroughfare and/or right-of-way.
G. 
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.
H. 
Dogs that are not spayed or neutered shall not be tethered for any period of time.
I. 
No dog under the age of one or under 20 pounds shall be tethered.
J. 
No dog that is sick or injured shall be tethered.
K. 
No dogs shall be tethered between the hours of 10:00 p.m. and 6:00 a.m.
[Added 3-11-2015 by Ord. No. 2015-03]
A. 
It shall be unlawful for any person to leave any animal outdoors and unattended for a continuous period of time greater than 1/2 hour if the National Weather Service has issued weather alerts or storm warnings or if the temperature during such period is either below 32° F. or above 85° F. The animal shall be considered outside regardless of access to an outdoor doghouse or similar structure, unless such structure is a properly functioning climate-controlled and weather-resistant structure.
B. 
No animal shall be left outside during snow storms, ice storms or thunderstorms.
[Added 3-11-2015 by Ord. No. 2015-03]
A. 
It shall be unlawful for any person to collar an animal with a choke-type collar, prong-type collar, pinch-type collar or rope.
B. 
The collar must be at least as large as the circumference of the animal's neck plus one inch and cannot be constructed primarily of metal.
[Added 3-11-2015 by Ord. No. 2015-03]
A. 
No owner, caretaker, guardian or handler shall withhold proper shelter, light, space, protection from weather, veterinary care, and/or immune care from any animal.
B. 
No owner, caretaker, guardian or handler shall fail to provide his or her animal with sufficient edible food and potable drinking water on a daily basis. Food and water must be in an animal food consumption or water consumption type container, feeder or waterer.
C. 
No animal shall be subjected to unnecessary suffering or cruelty such as subjecting the animal to prolonged confinement, fear, injury, pain or physical abuse. Interaction with humans and other animals shall not be reasonably withheld.
D. 
No animal shall be confined in a parked or standing vehicle or enclosed trailer for a period of 15 or more minutes when the temperature during such period is either below 32° F. or above 85° F.
[Added 3-11-2015 by Ord. No. 2015-03]
A. 
Animals shall be provided access to an enclosure/structure which protects them against inclement weather, is water-resistant and keeps them dry, provides shade from direct sunlight and allows them to preserve a normal body temperature.
B. 
Animals shall not be housed on a temporary or permanent basis in any enclosure/structure constructed of metal, unless adequately insulated from inclement weather.
C. 
Outdoor animal enclosures, including pens, doghouses or other similar structures, shall be soundly constructed, safely and properly positioned on a raised platform and properly maintained. The top of the enclosure shall be covered to provide the animal with shade and protection from the elements. The floor of the enclosure shall be constructed in such a manner that it protects the animals' feet and legs from injury.
D. 
Pet taxis, plastic carriers, boxes, vari-kennels or metal houses shall not be acceptable as adequate outdoor enclosures.
E. 
Outside animal enclosure shall be no less than four feet in height, no less than 64 in square footage and must allow for the animal to freely turn around, stand, sit or lie in a normal position. The animal must be able to lie down while fully extended without the animals' head, tail, legs, face or feet touching any side of the enclosure. The interior height of the enclosure shall be at least six inches higher than the head of the animal in the enclosure when it is at a normal standing position.
F. 
Outdoor animal enclosures shall contain bedding such as straw or other absorbent material in a sufficient quantity to provide adequate insulation for the structure. Bedding shall be maintained in a dry condition and renewed or changed as necessary.
G. 
Outdoor animal enclosure shall be kept dry, clean and free of animal waste.
[Added 3-11-2015 by Ord. No. 2015-03]
A. 
In addition to imposing penalties set forth in this article, and not withstanding other seizure and impounding sections of the article, any officer or agent authorized or empowered to enforce and perform any duty under this article is hereby authorized to go upon any premises and seize for impounding any animal when such officer reasonably believes that any provision of this article has been violated, except upon the premises of the owner of the animal if the owner is present and forbids the entry of the officer or agent, then a warrant shall be issued according to law at the request of such officer or agent.
B. 
Prior to seizing any animal under this article, such officer or agent shall provide written notice to the owner, either in person or by posting such written notice upon the premises of the nature of the violation and such.
C. 
Notice must contain an order to bring the violation into compliance within 24 hours of receipt of such notice.
[Added 3-11-2015 by Ord. No. 2015-03]
A. 
If such animal has been seized for impounding pursuant to § 231-17, then the officer or agent shall notify the Health Officer immediately that he/she has seized and impounded the animal pursuant to § 231-17. If the identity of the owner is not known, then the Officer shall, through a reasonable effort attempt to determine the identity of the owner of any animal seized and impounded pursuant to § 231-17. If its owner cannot be identified within 14 days, then that animal shall be made available for adoption.
B. 
Any owner of any animal removed under this article may gain possession of the animal within 14 days upon an adequate showing to the confiscating officer or agent that the violation has been brought into compliance. Should an owner fail to adequately show that the violation has been brought into compliance within 14 days, then said animal shall be made available for adoption.
[Added 3-11-2015 by Ord. No. 2015-03]
A. 
The owner of a seized animal pursuant to § 231-17 who is found by clear and convincing evidence to have violated this article, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court's order, shall be subject to a fine of not less than $100 nor more than $1,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation.
B. 
Any fines or penalties imposed under this article shall be in addition to and not in lieu of any fines or penalties set forth in this article or pursuant to any other applicable law.