[HISTORY: Adopted by the City Council of the City of Estell
Manor as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-2-1974 (Ch. VI of the 1974 Revised General Ordinances)]
[1]
Editor's Note: The relevant statutory provisions are found
in N.J.S.A. 4:19-15 et seq.
The following words and terms shall have the meanings herein
indicated for the purposes of this chapter.
A person designated by the New Jersey State Commissioner
of Health pursuant to N.J.S.A. 4:19-15.16a as a Certified Animal Control
Officer, or in the absence of such an officer, the person, agency
or entity authorized by the City to carry out the duties of the Animal
Control Officer.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
Any dog or dog hybrid.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
When applied to the proprietorship of a dog, shall include
every person having a right of property in that dog and every person
who has that dog in his keeping, and when applied to the proprietorship
of any other animal, including, but not limited to, a cat, shall include
every person having a right of property in that animal and every person
who has that animal in his keeping.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Any dog or dog hybrid declared potentially dangerous by a
municipal court pursuant to N.J.S.A. 4:19-23.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
An establishment for the confinement of dogs or other animals
seized either under the provisions of this chapter or otherwise.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Any establishment where dogs or other animals are received,
housed and distributed without charge.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Any dog or dog hybrid declared vicious by a municipal court
pursuant to N.J.S.A. 4:19-22.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
[Amended by Ord. No. 70-5]
A.
License; when required. Licenses shall be required for the following
dogs of licensing age:
(1)
Any dog owned or kept within the City by a resident of the City on
January 1 of any calendar year.
(2)
Any dog acquired by any person during the course of any calendar
year and kept within the City for more than 10 days after acquisition.
(3)
Any dog attaining licensing age during the course of the calendar
year.
(4)
Any unlicensed dog brought into the City by any person and kept within
the City for more than 10 days.
(5)
Any dog licensed by another state brought into the City by any person
and kept within the City for more than 90 days.
B.
D.
Terms. All licenses issued shall expire on December 31 of each year.
[Amended by Ord. No. 97-7; at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
E.
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 "aid dogs" and dogs used to assist deaf persons and commonly
known as "hearing ear dogs" shall be licensed and registered as other
dogs, except that the owner or keeper of such dog shall not be required
to pay any fee therefor, pursuant to N.J.S.A. 4:19-15.3.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
[Amended by Ord. No. 79-6; Ord. No. 81-6; at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
A.
The Animal Control Officer shall take into custody and impound or
cause to be taken into custody and impounded, and thereafter destroyed
or offered for adoption, as provided in this section and in N.J.S.A.
4:19-15.16, the following:
(1)
Any
dog off the premises of the owner or of the person keeping or harboring
said dog which said Animal Control Officer or other appointed person
has reason to believe is a stray dog.
(2)
Any
dog off the premises of the owner or of the person keeping or harboring
said dog without a current registration tag on his collar.
(3)
Any
female dog in season off the premises of the owner or of the person
keeping or harboring said dog.
(4)
Any
dog or other animal which is suspected to be rabid.
(5)
Any
dog or other animal off the premises of the owner reported to, or
observed by, a certified Animal Control Officer to be ill, injured
or creating a threat to public health, safety or welfare, or otherwise
interfering with the enjoyment of property.
B.
If any
animal so seized wears a collar or harness having inscribed thereon
or attached thereto the name and address of any person or a registration
tag, or the owner or the person keeping or harboring said animal is
known, the Animal Control Officer or other person authorized by the
City shall forthwith serve on the person whose address is given on
the collar, or on the owner or the person keeping or harboring said
animal, if known, a notice, in writing, stating that the animal has
been seized and will be liable to be offered for adoption or destroyed
if not claimed within seven days after the service of the notice.
C.
A 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 the address given
on the collar.
D.
Any person
authorized by the City may cause an animal to be destroyed in a manner
causing as little pain as possible and consistent with the provisions
of N.J.S.A. 4:22-19 or offered for adoption seven days after seizure,
provided that:
(1)
Notice
is given as set forth above and the animal remains unclaimed;
(2)
The owner or person keeping or harboring the animal has not claimed the animal and paid all expenses incurred by reason of its detention, including maintenance costs, in such amount as provided in Chapter 185, Article III, Fees for City Services; or
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(3)
The
owner or person keeping or harboring a dog which was licensed at the
time of seizure does not produce a license and registration tag for
the dog.
E.
Prohibited. Every person owning, harboring, keeping or having charge
of any licensed or unlicensed male or female dog shall:
(1)
Prevent the dog from running-at-large upon any public highway, street,
alley, park or other public place in the City at any time.
(2)
Prevent the dog from being on any public highway, street, avenue,
alley, park or other public place in the City at any time, unless
such dog be accompanied by a person and be securely confined and controlled
by an adequate leash not more than six feet in length.
(3)
Prevent the dog from running-at-large in the City upon the lands
or other real estate of any person without the consent of the owner
of the lands or other real estate.
(4)
Prevent the dog from injuring or damaging any vegetable garden, flower
garden, lawn, plant, tree, shrubbery, grounds or other property of
any person other than the person owning, harboring, keeping or having
charge of such a dog.
(5)
Prevent the dog from worrying, wounding, killing any sheep, lamb,
domestic animal or poultry of any person other than the person owning,
harboring, keeping or having charge of such a dog.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The provisions of Chapter 307 of the Laws of 1989 (N.J.S.A.
4:19-17 et seq.), regarding potentially dangerous dogs and vicious
dogs, shall be applicable in the City of Estell Manor.
No person shall own, keep or harbor a dog in the City except
in compliance with the provisions of this chapter and the following
regulations:
A.
Wearing of registration. All dogs which are required by the provisions
of this chapter to be licensed shall wear a collar or harness with
the registration tag for such dog securely fastened thereto.
B.
Use of registration tags. 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.
C.
Interference with official duties. No person shall hinder, molest
or interfere with anyone authorized or empowered to perform any duty
under this chapter.
D.
Disturbing the peace. No person shall own, keep, harbor or maintain
any dog which habitually barks or cries between the hours of 8:00
p.m. and 8:00 a.m.
E.
Running-at-large. No person owning, keeping or harboring any dog
shall suffer or permit it to run-at-large upon the public streets
or in any public park, public buildings or other public place within
the City.
F.
Leashing of dogs. No person owning, keeping or harboring any dog
shall suffer or permit it to be upon the public streets or in any
of the public places of the City unless such dog is accompanied by
a person over the age of 12 years and is securely confined and controlled
by an adequate leash not more than six feet long.
G.
Property damage. No person owning, keeping or harboring a dog shall
permit or suffer it to do any injury, or to do any damage to any lawn,
shrubbery, flowers, grounds or property.
Where it has been determined by a physician that a person has
been bitten by a dog, such individual, or his parent or guardian if
he is a minor, shall immediately notify the police or the health department.
When the owner or keeper of any dog shall be notified by the health
department that the dog has bitten any individual or individuals,
the owner or keeper of the dog must comply with the following procedures:
A.
Have the dog kept in quarantine in the owner's home or at a kennel
for a period of 10 days. Any symptoms denoting rabies or any unusual
behavior must be immediately reported to the health department.
B.
At the end of 10 days have the dog examined by a veterinarian and
a written report of the dog's state of health sent to the health department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
The provisions of this chapter and article shall be enforced by the
Animal Control Officer, who shall be hired for a one-year term expiring
on December 31 of the year of hiring. It shall be a violation of this
chapter and article for any person to molest, obstruct or interfere
with the Animal Control Officer in their performance of the duties
set forth herein.
B.
The Animal Control Officer or such other person as the City may designate
may, at the City’s direction, make a canvass of all dogs owned,
kept or harbored with the City limits and shall report to the City
Clerk the result thereof, setting forth in separate columns the names
and addresses of persons owning, keeping or harboring unlicensed dogs,
the number of unlicensed dogs owned, kept or harbored by each of said
persons, and a complete description of each of said unlicensed dogs.
[Amended by Ord. No. 81-10; at time of adoption of Code (see Ch. 1, General Provisions, Art.
III)]
[Adopted by Ord. No. 84-7 (Ch. III, Sec. 3-6, of the 1974 Revised General Ordinances)]
It shall be unlawful to drive deer or take part in a deer drive
within any area of the municipality zoned as RV Village Residence,
as well as in certain of those areas zoned as R-5 immediately adjacent
to the foregoing Village Residence Zone, said area generally bounded
on the north by Tenth Avenue and the Township of Weymouth, on the
east by Tuckahoe Road and limited residential districts adjacent thereto,
on the south by First Avenue and on the west by Linwood Avenue, excepting
therefrom those portions of the R-5 Zone south of a line 900 feet
north of Fourth Avenue and west of a line 900 feet west of Cape May
Avenue. A map of the foregoing described areas within which deer driving
is prohibited shall be posted and on file for inspection in the office
of the City Clerk.
A.
TO DRIVE DEER
For the purposes of this section:
To intentionally pursue, drive, chase or otherwise frighten
or cause deer to move in the direction of any person or persons known
to be waiting for the deer.
B.
Nothing, however, in this section shall be construed to prevent properly
licensed and regulated hunting of deer by individuals within those
areas designated above as long as such deer driving techniques are
not employed.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
This article will be enforced by the State Police.
