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Township of Eagleswood, NJ
Ocean County
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Table of Contents
Table of Contents
[Adopted 12-18-1974 by Ord. No. 14-74 (Ch. 58 of the 1977 Township Code)]
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, including dog warden, which is designated by the governing body as a law enforcement officer and who qualifies to perform such duties under the laws of the State of New Jersey.
[Amended 5-4-1977 by Ord. No. 8-77]
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 six months.
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
The condition of any animal being 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. Any dog while engaged in hunting or training for hunting shall be in the immediate control, custody and management of its owner or custodian.
[Amended 11-28-1989 by Ord. No. 16-89]
A. 
License and registration tags required for dogs. 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.
B. 
Fee. The license fee to be paid annually for a dog license and each renewal thereof shall be and is set at the sum set forth in Chapter 135, Fees, for each dog that has been altered or spayed. The license fee for any unspayed or unaltered dog shall be as set forth in Chapter 135, Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Fine. Failure of the owner to obtain a license within the time prescribed by this article shall subject the owner to a fine of $10.
D. 
Dogs used as guides for blind persons and commonly known as "Seeing Eye dogs," dogs used to assist handicapped persons 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 as herein provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.[2]
[2]
Editor's Note: Added 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 the police or the Animal Control Officer, impounded in the 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 by 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).
A. 
An owner reclaiming a dog impounded under § 72-4 of this article, or any animal impounded for whatever reason, shall pay a fee as set forth in Chapter 135, Fees. The owner may also be proceeded against for violation of this article.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
At the time an owner reclaims an impounded animal, a valid license shall be presented or a certificate issued from the Clerk of the municipality or other official designated by the governing body. In the event no license has been or can be obtained by reason of failure to have a valid rabies vaccination, a certificate can be obtained from the Clerk of the municipality or other official appointed by the governing body, upon condition that the owner shall be required to obtain a license within 10 days from the date the dog is released from impoundment.
In addition to or in lieu of impounding a dog found at large, the Animal Control Officer or law enforcement officer may issue to the known owner of such dog a summons for article 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.
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 quarantine. The designated authority may require, at its discretion, special confinement and order the animal surrendered to the 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.
There are hereby established the following minimum standards for the maintenance of the type and kind of animal listed below in this municipality:
A. 
Not more than one horse per acre of land shall be housed or maintained.
No person, firm or organization shall maintain any animal or animals in a larger or greater quantity or in a smaller area than listed in the minimum standards hereof.
All the provisions of § 72-11 of this article shall apply only to commercial establishments. The following categories are exempted from the provisions of said article:
A. 
Any resident engaged in a 4-H project.
B. 
Any resident keeping a riding horse or horses for use of himself, the members of his immediate family and his guests.
C. 
Any riding academy in business before the adoption of this article.
Any resident who shall own, keep or harbor a horse shall, in the month of May of each year, apply for and procure from the Clerk of the municipality, or other official designated by the governing body thereof to license horses in the municipality, an official registration card for each such horse so owned, kept or harbored. At the time of procuring said registration card, said person must as a prerequisite thereof present either a certificate executed by a licensed veterinarian of the State of New Jersey certifying that each horse has been vaccinated or a certificate of sale of such vaccines and an affidavit of administering the vaccines by the owner of each horse for eastern equine encephalitis and western encephalitis. A fee shall be charged for the registration of each horse in such amount as is fixed from time to time by the Township Committee of the Township of Eagleswood. The amount shall only be for the purpose of covering the cost to the municipality and the registration of each horse.
No person shall harbor and maintain any horse within 50 feet of a residence of an adjoining property owner or resident. This provision shall only be applicable to those persons who establish a place to stable, harbor or maintain any horses after the effective date of this article.
[Amended 3-24-1981 by Ord. No. 4-81]
A. 
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.
B. 
Any person keeping or maintaining a horse on his or her property, regardless of whether said individual owns said horse or is simply custodian for the same, shall provide adequate shelter to protect said animal from the sun, rain and snow. Adequate shelter is deemed to mean a structure having three walls to form an enclosure and a roof erected thereon, said roof being waterproof and impervious to sunlight. The term "horse" as used herein refers to animals of the genus Equus, and includes but is not limited to colts, mares, fillies, mules and asses.
No person shall give away any animal as a prize for or as an inducement to enter any contest, game or other competition, or as an inducement to enter a place of amusement; or offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.
[Amended 5-4-1977 by Ord. No. 8-77]
The Animal Control Officer shall have police powers in the enforcement of this article and shall also be empowered to pick up stray cats within the boundary of the Township upon complaint made by the Township, and which shall be retained by the officer for a period of seven days, during which period the cats may be reclaimed by the owner thereof upon payment of a fee the equivalent of that charged for impounded dogs. After the seventh day, the cats shall be humanely destroyed or placed for adoption but not be used for scientific purposes nor vivisection.
Except as required by N.J.S.A. 4:19-15.1 et seq., any person found guilty of violating any provision of this article shall be punished by a fine of not less than $3 nor more than $200. If any violation continues, each day's violation shall be deemed a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).