When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
has such dog in his keeping.
Owners, caretakers or handlers of dogs will exercise diligence and
reasonable care to prevent said dogs from leaving their premises,
whether their premises are owned, leased or rented. Restraint exists
when a dog is enclosed and properly provided for, pursuant to N.J.S.A.
4:22-17, within a house, building, properly maintained fence, pen
or other enclosure.
Doghouses shall contain bedding such as straw or other absorbent
material in a sufficient quantity to provide adequate insulation for
the house. Bedding shall be maintained in a dry condition and renewed
or changed as necessary.
Owners, caretakers or handlers of dogs will exercise diligence and
reasonable care to keep dogs under restraint. In circumstances in
which the dogs are not located on premises owned, leased or rented
by the caretakers or handlers, dogs must be handled in a humane manner
pursuant to N.J.S.A. 4:22-17.
Owners, caretakers or handlers of dogs may attempt to prevent said
dogs from leaving the premises by installing an invisible fence. Owners,
caretakers or handlers of dogs are responsible for the maintenance
of the invisible fences and shall exercise diligence to keep the fence
in proper working order.
Chaining or tethering of dogs. Dogs must be able to move freely when
chained or tethered and should be confined for a period no greater
than nine hours within a twenty-four-hour period. The size of the
tether or chain must be a minimum of 15 linear feet, constructed of
lightweight cable, and shall remain tangle-free. Dogs must be equipped
with a properly fitted harness or buckle-type collar. A doghouse shall
be accessible to dogs that are chained or tethered.
No owner, caretaker, guardian or handler shall withhold proper
shelter, protection from weather, veterinary care and immune care
to any animal. No owner, caretaker, guardian or handler shall fail
to provide his or her animal with sufficient food and drinkable water
on a daily basis. Food and drinkable water must be in an animal food
consumption or water consumption type container, feeder or waterer.
No animal shall be subjected to unnecessary suffering and cruelty
such as subjecting the animal to prolonged fear, injury, pain or physical
abuse. Interaction with humans and other animals shall not be unreasonably
withheld. Any individual, currently licensed by the State Board of
Veterinary Medical Examiners to practice veterinary medicine, who
is acting within his or her scope of practice to deliver acceptable
and medically sound veterinary care to an animal, shall be exempt
from this section.
In extreme weather below 32° and above 95° and in major
storms where evacuation is recommended, all outdoor dogs and indoor/outdoor
cats (with the exception of feral cats) must be brought indoors whether
tethered or kenneled, unless the kennel is heated or air-conditioned
according to safety code. Indoors will include any area of the residence
which is temperature controlled, and garage and basement, unless heated
in cold or air-conditioned in heat, will not be considered adequate.
Any operator of a motor vehicle who accidently strikes a dog or cat
shall stop and render such assistance to the dog or cat as may be
possible, provided that it can be accomplished safely and without
danger to the motorist, pedestrians or other motorists.
Enforcement of § 74-50 shall be commenced by the filing of a complaint with the Municipal Court of the Township of Buena Vista. In addition to other methods of enforcement provided by law, any violations of this article may be enforced by the issuance of a notice of violation by members of the New Jersey State Police, the Animal Control Officer and/or dog canvasser(s), Buena Vista Township Code Enforcement Officer(s) and/or Township Clerk.
Violation of any provision of § 74-50 shall, upon conviction thereof, be punished by a minimum fine of $200 or a maximum of $1,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this article within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this article. The court shall order restitution be paid to any agency that incurs expenses related to the investigation and prosecution of any offender of this article. The court shall also require the offender to pay restitution for any costs for food, drink, shelter or veterinary care or treatment or other costs incurred by any agency, entity or organization. The court may direct the term of community service to be served by providing assistance to the New Jersey Society for the Prevention of Cruelty to Animals.