[Adopted 2-8-2016 by Ord. No. 17-2016]
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
BEDDING
Material to provide a bed for a dog.
CARETAKER
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.
DOGHOUSE
A covered and protected domicile for a dog.
ENCLOSURE
Any structure used to restrict a dog or dogs to a limited amount of space, such as a pen, run, cage or compartment.
HANDLER
Any person in immediate physical charge of a dog.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
OWNER
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.
PEN
An enclosure for a dog.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
POUND
An establishment for the confinement of dogs seized under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
B. 
Restraint of dogs.
(1) 
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.
(a) 
Outdoor pens or other enclosures for each dog must be four feet in height and of square footage as follows:
Number of Dogs
Square Footage
1
64
2
96
3
144
4
196
Over 4
An additional 24 square feet for each additional dog
(b) 
The pens or other enclosures shall include a soundly constructed, safely positioned and properly maintained doghouse.
(c) 
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.
(2) 
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.
(3) 
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.
(4) 
Kennels, pet shops, shelters and pounds shall comply with the provisions of applicable state statutes and administrative regulations.
C. 
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.
D. 
Prohibited activities and treatment.
(1) 
Care of animals.
(a) 
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.
(2) 
Unnecessary suffering and cruelty.
(a) 
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.
(3) 
Extreme weather.
(a) 
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.
E. 
Duties of citizens.
(1) 
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.
(2) 
The operator of a motor vehicle involved in such an accident shall promptly report such injury or death to the appropriate law enforcement agency.
F. 
Enforcement; violations and penalties.
(1) 
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.
(2) 
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.