[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.
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.
[Amended 11-19-1981 by Ord. No. 832; 11-19-2001 by Ord. No. 1285]
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.
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.
[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.
[Amended 12-20-2001 by Ord. No. 1291]
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.
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.