[Adopted 12-18-1984 as Ch. 5 of the 1984 Code]
As used in this Article, the following terms shall have the meanings indicated:
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
When applied to the proprietorship of a dog, shall include every person having a right of property in such dog and every person who has such dog in his keeping.[2]
RESTRAINT
Any dog 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.[3]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[3]
Editor's Note: The former definition of "vicious dog," which immediately followed this definition, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
License; when required. Licenses shall be required for the following dogs of licensing age:
(1) 
Any dog acquired by any person during the course of any calendar year and kept within the borough for more than 10 days after acquisition.
(2) 
Any dog owned or kept within the borough by a resident of the borough on January 1 of any calendar year.
(3) 
Any dog attaining licensing age during the course of the calendar year.
(4) 
Any unlicensed dog brought into the borough by any person and kept within the borough for more than 10 days.
(5) 
Any dog licensed by another municipality brought into the borough by any person and kept within the borough for more than 30 days.
B. 
Application for license.
(1) 
Each application for a license under this Article shall give the following information:
(a) 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings and whether the dog is of a long- or shorthaired variety.
(b) 
Name, street and post office address of the owner of and the person who shall keep or harbor the dog.
(c) 
Evidence of rabies vaccination in accordance with § 69-8.
(2) 
Registration numbers shall be issued in the order in which applications are received.
C. 
Application for license; when made. Applications for licenses for dogs which are required to be licensed by the provisions of Subsection A(1) shall be made before February 1 of each calendar year. In all other cases, the application for a license shall be made at the time the dog in question first becomes subject to the provisions of this section.
D. 
License record. The information on all applications under this Article and the registration number issued to each licensed dog shall be preserved for a period of three years by the Municipal Clerk. In addition, he shall forward similar information to the New Jersey Department of Health each month on forms furnished by the Department.
E. 
The person applying for the license and registration tag shall pay a fee for each dog as set forth in the fee schedule on file in the Municipal Clerk's office and also additional fees charged by the State of New Jersey of $0.20 for the pilot clinic, $1 for registration and $3 for unspayed/unneutered dogs.
[Amended 1-19-1988 by Ord. No. 1988-2[1]]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
F. 
Expiration date. Each dog license and registration tag shall expire on January 31 of the calendar year following the calendar year in which it was issued.
G. 
Exceptions. Dogs used as guides for blind persons, commonly known as "Seeing Eye" dogs; to assist handicapped persons, commonly known as "service dogs"; or to assist deaf persons, commonly known as "hearing ear" dogs, shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
Use of fees.
(1) 
License fees and other moneys collected or received under the provisions of this Article shall be forwarded to the Borough Treasurer within 30 days after collection or receipt and shall be placed in a special account separate from any other accounts of the borough and shall be used for the following purposes only:
(a) 
For collecting, keeping and disposing of dogs liable to seizure under the provisions of this Article;
(b) 
For local prevention and control of rabies;
(c) 
For providing anti-rabic treatment under the direction of the Mayor and Council for any person known or suspected to have been exposed to rabies;
(d) 
For all other purposes prescribed by statutes of New Jersey governing the subject; and
(e) 
For administering the provisions of this Article.
(2) 
Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following, and at the end of each fiscal year thereafter there shall be transferred from the special account to the general funds of the borough any amount then in such account which is in excess of the total amount paid into said special account during the last two fiscal years preceding.
B. 
The registration fee for each dog, as set forth in the fee schedule on file at the Municipal Clerk's office, shall be forwarded within 30 days after collection by the Clerk to the State Department of Health.
[Amended 11-19-2006 by Ord. No. 1996-5]
No license shall be issued or granted nor shall any official registration tag be issued or granted for any dog unless the owner or keeper thereof provides evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the regulation of the United States Department of Health, Education and Welfare or has been certified exempt as provided by the regulations of the State Department of Health. Such vaccination shall be repeated at intervals as provided by the regulations of the State Department of Health and shall be administered by a duly licensed veterinarian or by such veterinarian permitted by law to do so.
[Amended 11-19-2006 by Ord. No. 1996-5; 7-6-2015 by Ord. No. 2015-18]
A. 
Definitions and word usage.
(1) 
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
(2) 
As used in this article, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
The individual who serves as a certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the municipality, or his or her designee. The Police Department, in conjunction with the Animal Control Officer, shall be responsible for enforcement of all provisions in this chapter and shall have the power and the authority to issue summonses for violations thereof and to take such actions as proscribed hereunder to enforce the provisions hereof.
BODILY INJURY
Physical pain, illness, or any impairment of physical conditions.
DOG
Any member of the species generally referred to as "Canis familiaris," in whole or in part.
DOMESTIC ANIMAL
Any animal kept as a pet, except those animals explicitly disallowed by ordinance, that provides companionship or amusement (excluding disability assistance animals) to its owner.
OWNER
When applied to the proprietorship of a dog, shall include every person having a right of property in such dog and every person who has such dog in his or her keeping.
PET
A domesticated animal (other than a disability assistance animal or an animal explicitly prohibited by ordinance) kept for companionship or amusement.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared by the Municipal Court to be same if it finds that the dog caused bodily injury as defined herein and in N.J.S.A. 2C:11-1a to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person; or killed another domestic animal; and poses a threat of serious bodily injury or death to a person; or poses a threat of death to another domestic animal; or has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals. A dog shall not be declared "potentially dangerous" for causing bodily injury as defined herein and in N.J.S.A. 2C:11-1a to a person if that person was committing or attempting to commit a crime or if that person was tormenting or inflicting pain upon the dog in such an extreme manner that an attack of such nature could be considered provoked; or killing a domestic animal if the domestic animal was the aggressor.
SERIOUS BODILY INJURY
Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
VICIOUS DOG
Any dog or dog hybrid declared to be same if the Municipal Court finds that the dog killed a person or caused serious bodily injury as defined herein and in N.J.S.A. 2C:11-1b to a person; or has engaged in dog-fighting activities as defined in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26. A dog shall not be declared "vicious" for inflicting death or serious bodily injury as defined herein and in N.J.S.A. 2C:11-1b upon a person if that person was committing or attempting to commit a crime or inflicting pain upon the dog in such an extreme manner that an attack of such nature could be considered provoked.
B. 
Seizure and impoundment. The Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog attacked a person and caused death or serious bodily injury, as defined in § 69-9A, to that person; caused bodily injury, as defined in § 69-9A, to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals; engaged in dog-fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26; or has been trained, tormented, badgered, baited, or encouraged to engage in unprovoked attacks upon persons or domestic animals. The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the Ocean County Board of Health, the dog may be impounded in a facility or other structure agreeable to the owner.
C. 
Notice of seizure; determination of owner; destruction of dog.
(1) 
The Animal Control Officer shall notify the Municipal Court within three working days that he or she has seized and impounded a dog pursuant to § 69-9B or that he or she has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The Animal Control Officer shall, through a reasonable effort, attempt to determine the identity of the owner of any dog seized and impounded. If its owner cannot be identified within 14 days, that dog may be humanely destroyed.
(2) 
The Municipal Court shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant hereto, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment and the grounds for a hearing. The notice shall also require that the owner return within 14 days, by certified mail or hand delivery, a signed statement indicating whether he or she wishes the hearing be conducted or, if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter or does not reply to the certified letter with a signed statement within 14 days of receipt, the dog may be humanely destroyed.
D. 
Notice of hearing evidence.
(1) 
The Municipal Court shall conduct a hearing, within 30 days of the receipt of the signed statement from the dog's owner, to determine whether the dog impounded pursuant is vicious or potentially dangerous.
(2) 
The Municipal Court shall notify the owner of the impounded dog by certified mail, return receipt requested, and Ocean County Department of Health, and State Department of Health of the date and time of the hearing. The owner shall have the opportunity to present evidence to demonstrate that the dog is not vicious or potentially dangerous.
E. 
Declaration of vicious dog.
(1) 
The Municipal Court shall declare the dog vicious if it finds by clear and convincing evidence that the dog killed a person or caused serious bodily injury as defined above or has engaged in dog fighting as described in N.J.S.A. 4:22-24 and 4:22-26.
(2) 
A dog shall not be declared vicious for inflicting death or serious bodily injury, as defined above, upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate the dog was not provoked.
(3) 
If the Municipal Court declares a dog to be vicious and no appeal is made of this ruling, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
F. 
Declaration of potentially dangerous dog.
(1) 
The Municipal Court shall declare a dog to be potentially dangerous if it finds, by clear and convincing evidence, that the dog caused bodily injury to a person during an unprovoked attack and poses a serious threat of bodily injury or death to a person; or killed another domestic animal and poses a threat of serious bodily injury or death to a person or poses a threat of death to another domestic animal; or has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon person or domestic animals.
(2) 
A dog shall not be declared potentially dangerous for causing bodily injury to a person if the dog was provoked or for killing a domestic animal if the domestic animal was the aggressor. The municipality shall bear the burden of demonstrating that the dog was not provoked.
G. 
Order and schedule for compliance. If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:
(1) 
Shall require the owner to comply with the following conditions:
(a) 
To apply, at his or her own expense, to the Borough Clerk for a special municipal potentially dangerous dog license, municipal registration number and red identification tag. The owner shall, at his or her own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a potentially dangerous dog license, municipal registration number, and red identification tag.
(b) 
To display, in a conspicuous manner, a sign on his or her premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure.
(c) 
To immediately erect and maintain an enclosure, commonly referred to as a dog run, for the potentially dangerous dog, which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping, or digging and within a fence of at least six feet in height separated by at least three feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of the potentially dangerous dog by an unknowing individual. The potentially dangerous dog shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the Animal Control Officer and having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three feet from the owner and under the direct supervision of the owner.
(2) 
May require the owner to comply with the following condition:
(a) 
To maintain liability insurance in an amount determined by the Municipal Court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision naming the Borough of Bay Head as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination, or expiration of the liability insurance policy.
H. 
Procedure for appeal. The owner of the dog, or the animal control officer in the municipality in which the dog was impounded, may appeal any final decision, order or judgment, including any conditions attached thereto, of a municipal court pursuant to P.L. 1989, c. 307 (N.J.S.A. 4:19-17 et seq.) by filing an appeal with the Superior Court, Law Division, in accordance with the Rules Governing the Courts of the State of New Jersey, pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction.
I. 
Liability of owner.
(1) 
If a dog is declared vicious or potentially dangerous and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable for the costs and expenses of impounding and destroying the dog. The owner shall incur the expense of impounding the dog in a facility other than Ocean County's dog pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.
(2) 
If the dog has bitten or exposed a person within 10 days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.
J. 
Hearing for subsequent actions of dog. If the Municipal Court finds that the dog is not vicious or potentially dangerous, the Municipal Court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog.
K. 
Duties of owner of potentially dangerous dogs.
(1) 
Comply with the provisions of this chapter and N.J.S.A. 4:19-17 et seq., in accordance with a schedule established by the Municipal Court, but in no case more than 60 days subsequent to the date of determination.
(2) 
Notify the Borough Clerk, the Police Department, and the Animal Control Officer if a potentially dangerous dog is at large or has attacked a human being or killed a domestic animal.
(3) 
Notify the Borough Clerk, the Police Department, and the Animal Control Officer within 24 hours of the death, sale, or donation of a potentially dangerous dog.
(4) 
Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous.
(5) 
Upon the sale or donation of the dog to a person residing in a different municipality, notify the State Department of Health, the Ocean County Department of Health, the licensing authority, the police department, and animal control officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner.
(6) 
In addition to any license fee required, pay a potentially dangerous dog license fee as provided in this chapter.
L. 
Violations and penalties; enforcement. The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this chapter or any rule or regulation adopted pursuant thereto or to have failed to comply with a court's order shall be subject to a fine of not more than $2,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The Municipal Court shall have jurisdiction to enforce this section. The Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of this chapter or any rule or regulation adopted pursuant hereto or a court's order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.
M. 
Registration and license; report of violations.
(1) 
A potentially dangerous dog registration number and red identification tag along with a potentially dangerous dog license, upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he or she has complied with the court's orders, shall be issued. The Animal Control Officer shall verify, in writing, compliance to the Borough Clerk.
(2) 
A notice to report violations of this chapter shall be made to the Township Clerk's office. A copy of this chapter shall be on file with the Department of Health.
N. 
License fee. The fee for all potentially dangerous dog licenses shall be $500 annually and each renewal thereof.
[Amended 11-19-2006 by Ord. No. 1996-5]
A. 
Any person appointed for the purpose by the governing body of the municipality 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:
(1) 
Any dog off the premises of the owner or of the person keeping or harboring said dog, which said official or his agent or agents have 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, any person authorized by the governing body 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 to the address given on the collar.
D. 
Any person authorized by the governing body 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 not exceeding $4 per day; or
(3) 
The owner or person keeping or harboring a dog which was unlicensed at the time of seizure does not produce a license and registration tag for the dog.
E. 
At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog or other animal so caught and detained or procured, obtained, sent or brought to a pound or shelter shall be sold or otherwise made available for the purpose of experimentation. Any person who sells or otherwise makes available any such dog or other animal for the purpose of experimentation shall be guilty of a disorderly persons offense.
F. 
After observation, any animal seized under this section suspected of being rabid shall be immediately reported to the executive officer of the local Board of Health and to the Department of Health.
No person shall own, keep or harbor a dog in the borough except in compliance with the provisions of this Article and the following regulations:
A. 
Wearing of registration. All dogs which are required by the provisions of this Article to be licensed shall wear a collar or harness with the registration tag for the dog securely fastened thereto.
B. 
Use of registration tags. No person, except an officer in the performance of his duty, shall remove or cause to be removed a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach or cause to be attached a registration tag to a dog for which it was not issued.
C. 
Interference with authorized agents. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this Article.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
D. 
Running at large. No dog shall run at large at any time in this municipality.
E. 
Leashing of dogs. No person keeping, owning or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the borough unless the 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 in length.
F. 
Dogs on private property. No owner or keeper of any dog shall suffer or permit such dog to be upon any private property other than the premises of the owner or keeper without the consent of the owner or tenant of the private property.
G. 
Disturbing the peace.
(1) 
No person shall keep, harbor or maintain any dog which habitually barks or cries between the hours of 10:00 p.m. and 6:00 a.m.
(2) 
No person shall keep within any residential zone[2] of the borough any dog causing a nuisance or disturbing the peace and quiet of the neighborhood in which it shall be kept by excessive, loud and continuous howling or barking or making and causing other such sounds or noises.
[2]
Editor's Note: See Ch. 147, Land Use.
H. 
Nuisances on public or private property. No person owning or having the care, custody or control of any dog shall permit such dog to soil or defile or to commit any nuisance upon any sidewalk, street or thoroughfare in or upon any public property or in or upon property of persons other than the owner or person having the care, custody or control of the dog.
I. 
Property damage; owner responsibility.
(1) 
No person owning or having the care, custody or control of any dog shall suffer or permit it to soil or defile or to do any injury or damage to any lawn, shrubbery, flowers, grounds, trees or any property of persons other than the owner or person having the care, custody or control of such dog.
(2) 
The owner or custodian of any dog shall be responsible for the damages done by such dog.[3]
[3]
Editor's Note: The former § 5-7.11, Dogs prohibited on boardwalk, which immediately followed this subsection, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
The law enforcement officials of the borough are hereby authorized to enter upon public, private or quasi-public property, including the beaches of the borough, to enforce the provisions of this Article.
[Amended 3-4-2024 by Ord. No. 2024-01]
A. 
Position created.
(1) 
There is hereby created the position of Certified Animal Control Officer to administer and enforce this chapter and to have such powers and perform such duties as hereinafter set forth.
(2) 
A Certified Animal Control Officer shall be appointed by the Mayor and Council, and such person shall serve at the pleasure of Mayor and Council.
(3) 
Certified Animal Control Officer shall be paid such compensation and serve such hours as may be authorized by the Mayor and Council and in accordance with the current Salary Ordinance.
B. 
Qualifications. To be appointed to the position of certified Animal Control Officer, an individual must meet the following requirements:
(1) 
Hold a certified animal control officer's certificate from the State of New Jersey.
(2) 
Have three years of animal control experience involving the enforcement of ordinances and/or statutes, including but not limited to, the taking into custody, impounding and adoption of animals.
C. 
Duties. The duties of the Certified Animal Control Officer shall include, but not be limited to, the following:
(1) 
Enforcing the provisions of the Borough animal control ordinances, State statutes and regulations. The Certified Animal Control Officer is hereby authorized to enter upon public, private or quasi-public property, including the beaches of the Borough, to perform any and all duties of Certified Animal Control Officer.
(2) 
Respond to complaints about any animals, wild or domesticated, that are damaging real or personal property or endangering persons or other animals, wild or domesticated, and use appropriate traps, procedures, and devices to capture and control said wild animals or stray domesticated pets.
(3) 
Coordinate with New Jersey Department of Environmental Protection, Division of Fish and Wildlife, as necessary to seek guidance on control, capture and removal of wild animals.
(4) 
Prepare comprehensive and clear reports of inspections and other actions.
(5) 
Promote the adoption of animals and spaying and neutering.
[Amended 6-1-1993 by Ord. No. 1993-6; 11-19-1996 by Ord. No. 1996-5]
A. 
Unless otherwise provided herein, any person, firm or corporation that shall be convicted of a violation of a provision of this Article shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, as such court, in its discretion, may impose, except as otherwise noted in this section. Each day that such violation exists shall constitute a separate offense.
B. 
Fines for violations of §§ 69-6, 69-11B and C shall be as provided in N.J.S.A. 4:19-15.19.