[Adopted 3-25-1976 by Ord. No. 731 (Ch. 26, Art. I, of the 1970 Borough Code)]
The purpose of this article is to formulate a program for animal control within this municipality in order to further protect the health and safety of our citizens.
As used in this article, the following terms shall have the meanings indicated:
ANIMAL
Any live, vertebrate creature, domestic or wild.
ANIMAL CONTROL OFFICER
Any person designated by the animal shelter and the governing body as a law enforcement officer and who qualifies to perform such duties under the laws of the State of New Jersey.
ANIMAL SHELTER
Any premises designated by the governing body for the purpose of impounding and caring for animals held under authority of this article.
DOG
Any member of the species generally referred to as canis familiaris.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.[1]
OWNER
Any person, partnership or corporation owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.
PERSON
An individual, partnership, company or corporation.
RESTRAINT
Any animal secured by a leash or lead, or under the control of a responsible person and obedient to that person's commands, within the real property limits of its owner.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 11-19-1981 by Ord. No. 832; 11-19-2001 by Ord. No. 1285[1]]
A. 
Any resident who shall own, keep or harbor a dog of licensing age shall, in the month of January of each year, apply for and procure from the Clerk of the municipality, or other official designated by the governing body thereof to license dogs in the municipality, a license and official registration tag for each such dog so owned, kept or harbored and shall place upon each such dog a collar or harness with the registration tag fastened thereon. The fee for said license shall be $11.20 for each dog per year, unless the dog is spayed or neutered in which case the fee shall be $8.20. Of the above fees, the Borough's portion shall be $7 and the remainder of the funds shall be forwarded to the State of New Jersey, Department of Health and Senior Services, as required by N.J.S.A. 4:19-15.1 et seq. Renewal of said license and registration tag shall be at the same rate and said licenses or renewals shall expire on the 31st of January of each year.
B. 
Any person who fails to renew a dog license by January 31 of the year of renewal and continues to fail to renew that license by March 1 of the same year shall be charged, in addition to the license fee set forth above, a late charge in the amount of $25.
C. 
Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs, dogs used to assist handicapped persons and commonly known as "service dogs" and dogs used to assist deaf persons and commonly known as "hearing ear" dogs, shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All dogs shall be kept under restraint.
Unrestrained dogs may be taken by police or the Animal Control Officer, impounded in an animal shelter and there confined in the manner prescribed in N.J.S.A. 4:19-15.16. Impounded dogs shall be kept for not less than seven days unless reclaimed by their owners. If by a license or other means the owner can be identified, the Animal Control Officer shall, immediately upon impoundment, notify the owner by telephone or mail of the impoundment of the dog. Dogs not claimed by their owners within seven days or placed in suitable new homes may be disposed of, by methods prescribed as humane by the American Veterinary Medical Association and the New Jersey Veterinary Medical Association, by the Animal Control Officer or by a representative delegated by him to exercise that authority.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 11-19-2001 by Ord. No. 1285]
An owner reclaiming a dog impounded under § 127-5 of this article or any animal impounded for whatever reason shall pay the fees required and established by the Ocean County Health Department in the operation of the Ocean County Animal Shelter. The owner may also be proceeded against for violation of this article.
In addition to or in lieu of impounding a dog found at large, the Animal Control Officer or police officer may issue to the known owner of such dog a summons for ordinance violation.
Every female dog in heat shall be confined in a building or secure enclosure in such manner that such female dog cannot come into contact with another dog, except for planned breeding.
No owner shall fail to exercise proper control of his dog to prevent it from becoming a public nuisance. Excessive, continuous or untimely barking, molesting passersby, chasing vehicles, habitually attacking other domestic animals, trespassing upon school grounds or trespassing upon private or public property shall be deemed a nuisance.
No owner shall fail to provide any animal in his control with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. No person shall beat, cruelly ill treat, torment, overload, overwork or otherwise abuse any animal, or cause or permit any animals to combat between themselves, nor shall any owner abandon such animal.
No person shall give any animal as a prize for or as an inducement to enter any contest, game or other competition, nor as an inducement to enter a place of amusement; nor offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.
Any animal which bites a person shall be quarantined on the premises of its owner under the supervision of the authority designated by the municipality for the period of time ordered by said authority. The animal shall be securely confined and kept from contact with any other animal during such quarantine. The designated authority may require, at its discretion, special confinement and order the animal surrendered to an animal shelter or veterinary hospital at the owner's expense.
No police officer or other person shall kill, or cause to be killed, any animal suspected of being rabid, except after the animal has been placed in quarantine and the diagnosis of rabies is made by a licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely killed and the head of such animal sent to a laboratory for pathological examination and confirmation of the diagnosis. The cost pertaining to diagnosis, pathological examination and confirmation shall be paid by the owner.
The Animal Control Officer shall have police powers in the enforcement of this article and no person shall interfere with, hinder, molest or abuse any Animal Control Officer in the exercise of such powers.
No person owning, keeping or harboring any dog shall suffer it to be on the public boardwalk or any public ocean or bay, beach or playground.[1]
[1]
Editor's Note: Original § 26-16, Nuisances, of the 1970 Borough Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 12-20-2001 by Ord. No. 1291[1]]
Any person who violates any one or more sections of this article shall be subject to the general penalty in Chapter 1, Article II, General Penalty, of the Borough Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
This article, with the exception of § 127-3 as it applies to the amount of the dog licensing fee, shall take effect immediately upon its final passage, approval and publication as required by law. Section 127-3, applying to the fees charged for dog licenses, shall be effective as of and for the year of 1977.