[Adopted 5-10-1993 by Ord. No. 257-1993; amended in its entirety 1-24-1994 by Ord. No.
269-1994 (Ch. 35, Art. I, of the 1993 Code)]
As used in this article, the following terms shall have the
meanings indicated:
With respect to a dog, means off the property of the owner,
keeper or harborer thereof and not accompanied by a responsible person
and securely confined and controlled by an adequate leash not more
than six feet long.
Material to provide a bed for a dog.
[Added 2-8-2016 by Ord.
No. 17-2016]
Any person who takes care of the house or land of an owner
who may be absent and is responsible for the keeping of a dog.
[Added 2-8-2016 by Ord.
No. 17-2016]
A domesticated carnivorous mammal that typically has a long
snout, an acute sense of smell, and a barking, howling, or whining
voice. It is widely kept as a pet or for work or field sports.
[Amended 2-8-2016 by Ord.
No. 17-2016]
Any dog which has attained the age of seven months.
[Amended 2-8-2016 by Ord.
No. 17-2016]
A covered and protected domicile for a dog.
[Added 2-8-2016 by Ord.
No. 17-2016]
Any structure used to restrict a dog or dogs to a limited
amount of space, such as a pen, run, cage or compartment.
[Added 2-8-2016 by Ord.
No. 17-2016]
Any person in immediate physical charge of a dog.
[Added 2-8-2016 by Ord.
No. 17-2016]
The pet solid waste is removed at once, without delay.
[Added 2-8-2016 by Ord.
No. 17-2016]
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
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.
[Amended 10-9-2012 by Ord. No. 4-2012; 2-8-2016 by Ord. No. 17-2016]
An enclosure for a dog.
[Added 2-8-2016 by Ord.
No. 17-2016]
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
[Amended 2-8-2016 by Ord.
No. 17-2016]
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
[Added 2-8-2016 by Ord.
No. 17-2016]
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.
[Amended 10-9-2012 by Ord. No. 4-2012]
Waste matter expelled from the bowels of the pet; excrement.
[Added 2-8-2016 by Ord.
No. 17-2016]
An establishment for the confinement of dogs seized under
the provisions of this article, state statutes or otherwise.
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 designated to convey domestic sewage for proper treatment
and disposal.
[Added 2-8-2016 by Ord.
No. 17-2016]
Any establishment where dogs are received, housed and distributed.
[Amended 10-9-2012 by Ord. No. 4-2012]
The Township of Buena Vista, in the County of Atlantic and
State of New Jersey.
Any dog, as defined in this section, which attacks and bites
or attempts to attack and bite persons or dogs or other animals without
being incited to do so, or which has shown such savagery, fierceness
or ferocity as to indicate that it is a threat to the safety of persons.
Any person 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 Township Clerk a license and official metal 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 securely
fastened thereto. No license shall be granted and no metal registration
tag shall be issued unless the owner of the dog to be licensed and
registered provides evidence that said dog has been inoculated against
rabies in conformance with N.J.S.A. 4:19-15.2.
A.Â
The persons applying for the license and registration tag shall pay
a fee of $12 if the dog is spayed or neutered, or $15 if the dog is
not spayed or neutered, for each such license and for the registration
tag of each dog; provided, however, that if application for the license
and registration tag is made after April 1 of any year, a late fee
of $7 will be added to said license. For each annual renewal, the
fee for the license and for the registration tag shall be the same
as for the original license and tag, and said license and registration
tag, and renewal thereof, shall expire on December 31 in each year.
[Amended 1-26-1981 by Ord. No. 164-1980; 1-25-1982 by Ord. No.
167-1981; 2-27-1989 by Ord. No. 202-1989; 11-22-1993 by Ord. No.
265-1993; 6-4-2007 by Ord. No. 12-2007; 10-9-2012 by Ord. No.
4-2012; 12-22-2014 by Ord. No. 22-2014]
B.Â
Only one license and registration tag shall be required in any licensing
year for any dog owned and licensed in New Jersey, and such license
and tag shall be accepted by the Township as evidence of compliance
with this section.
C.Â
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," or 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.
[Amended 10-9-2012 by Ord. No. 4-2012]
D.Â
License forms and uniform metal registration tags designed by the
State Department of Health shall be furnished by the Township and
shall be numbered serially and shall bear the year of issuance and
the name of the Township.
The owner of any newly acquired dog of licensing age or of any
dog which attains licensing age shall make application for license
and registration tag for such dog within 10 days after such acquisition
or age attainment.
A.Â
The application shall state the breed, sex, age, color and marking
of the dog for which license and registration are sought and whether
it is of a long- or shorthaired variety, and whether it has been surgically
debarked or silenced; also the name, street and post office address
of the owner and the person who shall keep or harbor such dog.
[Amended 10-9-2012 by Ord. No. 4-2012]
B.Â
The information on said application and the registration number issued
for the dog shall be preserved for a period of three years by the
Township Clerk or other local official designated to license dogs
in the Township.
C.Â
In addition, the Clerk or other local official designated to license
dogs in the Township shall forward to the State Department of Health
each month, on forms furnished by said Department, an accurate account
of registration numbers issued or otherwise disposed of. Registration
numbers shall be issued in the order of the application.
A.Â
Any person who shall bring or cause to be brought into the Township any dog licensed in another state for the current 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 unless such dog shall be licensed under § 74-8 of this article.
B.Â
Any person who shall bring or cause to be brought into this 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 unless such dog shall be licensed under § 74-8 of this article.
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.
A.Â
Any person who keeps or operates or proposes to establish a kennel,
a pet shop, a shelter or a pound shall apply to the Township Clerk
or other official designated by the Township Committee to license
dogs in the Township for a license entitling him to keep or operate
such establishment.
B.Â
The application shall describe the premises where the establishment
is located or is proposed to be located and the purpose or purposes
for which it is to be maintained, and shall be accompanied by the
written approval of the state and Township health authorities showing
compliance with the Township and state rules and regulations governing
location of and sanitation at such establishments.
C.Â
All licenses issued for such kennel, pet shop, shelter or pound shall
state the purpose for which the establishment is maintained, and all
such licenses shall expire on the last day of January of each year
and be subject to revocation by the Township Committee on recommendation
of the State Department of Health or the Township Board of Health
for failure to comply with the rules and regulations of the State
Department of Health or the Township Board of Health, after the owner
has been afforded a hearing by either the State Department of Health
or the Township Board of Health.
D.Â
Any person holding such license shall not be required to secure individual
licenses for dogs owned by such licensee and kept at such establishments;
such licenses shall not be transferable to another owner or different
premises.
[Amended 9-8-2003 by Ord. No. 7-2003[1]]
The annual license fee for a kennel providing accommodations
for 10 or less dogs shall be $10, and for more than 10 dogs, $25.
The annual license fee for a pet shop shall be $10. No fee shall be
charged for a shelter or pound.
No dog kept in a kennel, pet shop, shelter or pound shall be
permitted off such premises except on a leash or in a crate or under
other safe control.
No provision of this article relating to the licensing or regulation
of kennels, pet shops, shelters or pounds shall be taken, specifically
or by implication, to authorize, sanction, require, direct or permit
the establishment, continuation or maintenance of any kennel, pet
shop, shelter or pound anywhere within the Township of Buena Vista
where the same is not otherwise permitted by law to be established,
continued or maintained under all applicable zoning regulations or
laws now or hereafter in effect.
[Amended 6-24-1996 by Ord. No. 6-1996]
Any person appointed for the purpose by the Township Committee
shall annually cause a canvass to be made of all dogs owned, kept
or harbored within the Township and shall report, on or before September
1 of each year, to the Township Clerk or other person designated to
license dogs in the Township, local Board of Health and the State
department of Health the result thereof, setting forth in separate
columns the names and addresses of persons owning, keeping or harboring
unlicensed dogs and the number of unlicensed dogs owned, kept or harbored
by each of said persons, together with a complete description of each
of said unlicensed dogs.
A.Â
No dog(s) shall run at large upon the public streets, in any public park, building or in any other public place within the Township of Buena Vista. Any person owning, keeping or harboring a dog that runs at large shall be subject to the penalties as set forth in § 74-20 of this article.
[Amended 9-11-2000 by Ord. No. 11-2000]
B.Â
Nothing in this section shall be construed to prohibit or prevent
the running of any dog while used in hunting or in training, trial
or practice runs, provided that such dog is accompanied by or under
the control of the owner or other responsible person, and provided
further that such hunting or training, trial or practice runs are
conducted in such manner as not to abridge the rights of owners of
private property nor conflict with the fish and game laws of the State
of New Jersey or any other law, rule or regulation promulgated by
the State of New Jersey or its duly authorized agents which has as
its purpose the protection, preservation or control of game or wildlife
within the State of New Jersey.
A.Â
In addition to any grounds for impoundment of dogs provided in N.J.S.A.
4:19-15.16, any dog found at large within the Township shall be taken
into custody and impounded or caused to be taken into custody and
impounded by any person authorized by the Township Committee and acting
on its behalf.
B.Â
If any dog so seized wears a collar or harness having inscribed thereon
or attached thereto the name and address of any person or a registration
tag of the owner, or the person keeping or harboring said dog is known,
the person authorized by the Township Committee and acting on its
behalf shall forthwith serve upon the person whose address is given
on the collar, or upon the owner or person keeping or harboring said
dog, if known, a notice, in writing, stating that the dog has been
seized and that it will be liable to be offered for adoption or destroyed
if not claimed within seven days after the service of the notice.[1]
C.Â
The notice under this section may be served either by delivering
it to the person on whom it is to be served or by leaving it at the
person's usual or last known place of abode or at the address
given on the collar, or by forwarding it by post in a prepaid letter
addressed to that person at his usual or last known place of abode
or at the address given on the collar.
D.Â
When any dog so seized has been detained for seven days after notice,
where notice can be given as set forth above, or has been detained
for seven days after seizure, where no notice has been given as set
forth above, and the owner or person keeping or harboring said dog
has not claimed said dog and paid all expenses incurred by reason
of its detention, including an administrative fee of $20 to the Atlantic
Animal Shelter or any other such facility and a maintenance fee of
$4 per day, or where the dog is unlicensed at the time of the seizure
and the owner or person keeping or harboring said dog has not produced
a license and registration tag for said dog, the person authorized
by the Township Committee and acting on its behalf may cause the dog
to be destroyed in a manner causing as little pain as possible.
[Amended 6-24-1996 by Ord. No. 6-1996]
[Amended 6-24-1996 by Ord. No. 6-1996; 9-8-2003 by Ord. No.
7-2003]
A.Â
No person shall keep, harbor or maintain any dog which habitually
barks, howls or cries during the hours of 10:00 p.m. until 7:00 a.m.
or for intervals of more than 10 minutes between the hours of 7:00
a.m. to 10:00 p.m.
B.Â
No person shall keep, harbor, raise, maintain or permit to be harbored,
raised or maintained in excess of three adult dogs at or upon any
residential property consisting of 3.2 acres or less. One additional
dog shall be permitted for each acre, in excess of 3.2 acres, for
each additional acre up to a maximum of nine adult dogs.
Any vicious dog found at large or any dog which shows definite
signs of having been infected with rabies may be destroyed immediately
by any police officer, Health Officer or other person authorized by
and acting on behalf of the Township Committee.
A.Â
The person so authorized by the Township Committee shall be responsible
for all dogs impounded or taken into custody under the provisions
of this article or state statutes and shall designate the place where
such dogs are to be impounded or held in custody when so authorized
by the Township Committee.
B.Â
Except for the issuance of dog licenses, which shall be done by the
Township Clerk or other person designated by the Township Committee
for this purpose, this article shall be enforced by the Board of Health,
any police officer or any other person authorized by the Township
Committee.
Any officer or agent authorized or empowered to perform any
duty under this article is hereby authorized to go upon any premises
to seize for impounding any dog or dogs which he may lawfully seize
and impound when such officer is in immediate pursuit of such dog
or dogs.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this article.
A.Â
Any person who violates or who fails or refuses to comply with §§ 74-2, 74-4, 74-6, 74-7, 74-8, 74-10 or 74-19 of this article or the rules and regulations promulgated by the State Department of Health shall be liable to a fine of not less than $5 nor more than $50 or to a term in jail of not more than 10 days, or both.
The disposition of fines and license and registration fees collected
hereunder shall be in accordance with N.J.S.A. 4:19-15.11 and 4:19-15.20.
