[Ord. No. 4-14-42]
The words hereinafter defined shall have the meaning herein indicated for the purposes of this chapter as follows.
BOROUGH
Borough of Monmouth Beach, in the County of Monmouth.
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
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 shall mean and include every person having a right of property in such dog and every person who has such dog in his keeping.
PERSON
An individual firm, partnership, corporation or association of persons.
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 either under the provisions of this chapter or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
[Ord. No. 4-14-42 § 2-4; Ord. No. 6-9-53 § 1; Ord. No. 1-10-83 § 1; Ord. No. O-133-09]
Each and every dog shall be duly licensed and shall bear evidence of such license at all times, in accordance with the law of the State of New Jersey. The annual fee for such license shall be $11 for each spayed/neutered dog plus $1 for the registration tag and $14 for each nonspayed/nonneutered dog plus $1 for the registration tag. The licenses, registration tags and renewals thereof shall expire on the last day of January in each year.
[Ord. No. 4-14-42 § 5]
The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for license and registration tag for such dog within 10 days after acquisition or age attainment.
[Ord. No. 4-14-42 § 7]
Any person who shall bring or cause to be brought into the Borough of Monmouth Beach, in the County of Monmouth, any dog licensed in another state for the current year and bearing a registration tag and shall keep the same or permit the same to be kept within the Borough for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog, unless such dog be licensed under Section 5-5 of this chapter.
Any person who shall bring or cause to be brought into the Borough any unlicensed dog and shall keep the same or permit the same to be kept within the Borough for a period of more than 10 days, shall immediately apply for a license and registration tag for each such dog unless such dog be licensed under Section 5-5 of this chapter.
[Ord. No. 4-14-42]
Dogs used as guides for blind persons and commonly known as "seeing eye" dogs, shall be licensed and registered as other dogs hereinabove provided for except that the owner or keeper of such dog shall not be required to pay any fee therefor.
[Ord. No. 4-14-42 § 6]
The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought and whether it is of a long or short haired variety; also the name, street and post office address of the owner and the person who shall keep or harbor such dog. The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the Municipal Clerk. In addition he shall forward similar information to the State Department of Health each month on forms furnished by the department. Registration numbers shall be issued in the order of the applications.
[Ord. No. 4-14-42 § 12]
License fees and other moneys collected or received under the provisions of this chapter, except registration tag fees, shall be forwarded to the Chief Financial Officer of the Borough within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Borough and which shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this chapter; for local prevention and control of rabies; for providing anti-rabic treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies, for all other purposes prescribed by the Statutes of New Jersey governing the subject, and for administering the provisions of this chapter. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this subsection. At the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such 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 next preceding.
The registration tag fee of $1 for each dog shall be forwarded within 30 days after collection by the Clerk to the State Department of Health.
[Ord. No. 4-14-42 § 8]
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.
[Ord. No. 6-9-53; Ord. No. 1-10-83 § 11; Ord. No. O-4-91]
Any person who violates any provision of this section shall be liable to a penalty of not more than $500 for each offense.
[Ord. No. 5-27-86 § 2]
No owner, keeper or harborer of any dog shall permit or allow the dog to run at large at any time or at any place in this Borough. Any dog taken off premises of the owner, keeper or harborer shall cause the dog to be accompanied by a person capable of controlling the dog and securely restrained and controlled by an adequate leash not more than six feet long.
[Ord. No. 6-9-53; Ord. No. 1-10-83 § 6, 7; Ord. No. 5-27-86]
a. 
Prohibited on sidewalk; street, 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 the property of persons other than the owner or person having the care, custody or control of such dog.
b. 
Prohibited on lawns, shrubbery, flowers, trees or property of persons other than the owner. 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.
[Ord. No. 4-14-42 § 10]
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.
[Ord. No. 6-9-53; Ord. No. 1-10-83; Ord. No. O-40-91]
The Board of Commissioners shall have power to appoint an Animal Control Officer or other designated authority whose duty it shall be to enforce the provisions of this chapter. The Board of Commissioners shall also have power to enter into a contract with one or more persons for the exercise of the duty of the Animal Control Officer and to enforce the provisions of this chapter.
[Ord. No. 6-9-53 §§ 2, 3; Ord. No. 1-10-83 §§ 2, 3]
The Animal Control Officer or any other person appointed for the purpose shall take into custody and impound, or cause to be taken into custody and impounded and thereafter destroyed or disposed of as provided in this section:
a. 
Any dog running at large in this Borough.
b. 
Any dog off the premises of the owner or the person keeping or harboring the dog without a current registration tag on his collar and not controlled by a leash as provided in this chapter.
c. 
Any female dog in season off the premises of the owner or of the person harboring the dog.
When any dog so seized has been detained for seven days after notice, when notice can be given, or has been detained for seven days after seizure when notice cannot be given, in accordance with the laws of the State of New Jersey, and if the owner or person keeping or harboring the dog has not claimed the dog and paid all expenses incurred by reason of its seizure and detention and if the dog be unlicensed at the time of the seizure, and the owner or person keeping or harboring the dog has not produced a license and registration tag for the dog, the Animal Control Officer, or other designated authority may cause the dog to be destroyed in manner causing as little pain as possible.
[Ord. No. 4-14-42 §§ 9 — 11, 13]
a. 
License required. Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Clerk of the Borough for a license entitling him to keep or operate such establishment.
b. 
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained and shall be accompanied by the written approval of the Health Officer of the Board of Health of the Borough, showing compliance with the local and State rules and regulations governing location of and sanitation at such establishments.
All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained and all such licenses shall expire on the last day of January of each year and be subject to revocation by the Board of Commissioners or recommendations of the State Department of Health or the Board of Health of the Borough for failure to comply with the rules and regulations of the State Department or the Board of Health of the Borough governing the same after the owner has been afforded a hearing by either the State Department or the Board of Health of the Borough.
Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; such licenses shall not be transferable to another owner or different premises.
c. 
Fees. The annual license fee for a kennel providing accommodations for 10 or less dogs shall be $10 and for more than 10 dogs, $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound.
d. 
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on leash or in a crate or other safe control.
e. 
The Clerk of the Borough shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued which list shall include the name and address of the licensee and the kind of license issued.
[Ord. No. 4-14-42 § 21]
Any dog which has attacked or bitten any human being, or which habitually attacks other dogs or domestic animals, is hereby defined to be a vicious dog, for the purposes of this section. It shall be the duty of the Police Commissioner, or acting Police Commissioner, to receive and investigate complaints against dogs, and when any dog complained against shall be deemed by such Police Commissioner, or acting Police Commissioner, to be a vicious dog as herein defined, the officer shall report the facts to the Judge of the Municipal Court of the Borough of Monmouth Beach, who shall thereupon cause the owner or person harboring such dog to be notified in writing of the complaint against such dog and to appear before the Judge of the Municipal Court at a stated time and place. The Judge of the Municipal Court, at the time set for such hearing, shall inquire into the facts and give all interested persons an opportunity to be heard, under oath, and to be represented by counsel and the Judge shall decide in accordance with the evidence before him, and if the Judge shall decide that such dog complained of is a vicious dog, as defined by this section, notice of such decision shall be given to the owner or person harboring such dog. No dog which has been so determined to be a vicious dog shall be permitted to run at large or be upon any street or public place in the Borough of Monmouth Beach except while securely muzzled and under leash as provided in this section, and the owner or person harboring any such vicious dog who shall suffer or permit such dog to run at large or be upon any street or public place in the Borough while not securely muzzled and under leash shall be guilty of a violation of this section.
[Ord. No. 4-14-42 § 14]
The Police Department of the Borough shall promptly after May first and annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough and shall report to the Clerk of the Borough, the Board of Health of the Borough and to the State Department of Health the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs, the number of licensed dogs owned, kept or harbored by each of said persons, together with the registration numbers of each of said dogs, and the number of unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.
[Ord. No. O-13-06 § 1]
The purpose of this section is to establish requirements for the proper disposal of pet solid waste in the Borough so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. O-13-06 § 2]
As used in this section:
IMMEDIATE
That the pet solid waste is removed at once, without delay.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PET
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
[Ord. No. O-13-06 § III]
All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.
[Ord. No. O-13-06 § IV]
Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
[Ord. No. O-13-06 § V]
The provisions of this section shall be enforced by the Police Department and/or the Borough Code Enforcement Officer.
[Ord. No. O-13-06 § VI]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine of not less than $50 but not to exceed $1,500.
[Ord. No. 36-91 § 1]
As used in this section:
ANIMAL
A cat.
ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the State of New Jersey to enforce the provisions of this chapter.
CAT
Any member of the domestic feline species; male, female, or altered.
CAT OF LICENSING AGE
Any cat which has attained the age of seven months, or which possesses a set of permanent teeth.
CATTERY
Any room or group of rooms, cage, or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.
LICENSING AUTHORITY
The Borough Clerk of the Borough of Monmouth Beach or any designated representative thereof is charged with administering the issuance of permits and licenses under the provisions of this chapter.
NEUTERED
Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OWNER (when applied to the proprietorship of a cat)
Includes every person having a right of property (or custody) in such cat and every person who has such cat in his/her keeping or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person.
PERSON
Any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.
[Ord. No. 36-91 § 2]
a. 
Vaccination and license required. No person shall own, keep, harbor, or maintain any cat over seven months of age which possesses a permanent set of teeth within the Borough unless such cat is vaccinated and licensed. The provisions of this section do not apply to cats held in a cattery, or those held by a State or Federal licensed research facility, or a veterinary establishment where cats are received or kept for diagnostic, medical, surgical, or other treatments, or licensed animal shelters, pounds, kennels or pet shops.
b. 
Vaccination requirements. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in paragraph d of this subsection.
c. 
Vaccination certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the State.
d. 
Exemptions. Any cat may be exempted from the requirements of such vaccination for a specified period of time by the local board of health, upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition, or regimen of therapy, the inoculation of such cat shall be deemed inadvisable.
[Ord. No. 36-91 § 3; Ord. No. O-134-09]
a. 
Cats must have license number displayed. Any person who shall own, keep or harbor a cat of licensing age shall annually apply for and procure from the Borough Clerk, a license and official registration tag with license number, or a registration sleeve for each cat so owned, kept, or harbored, and shall place upon such cat a collar, or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying license number shall include, but are not limited to, break-away or elastic collars. License tags or sleeves are not transferable.
b. 
Time for application. The owner of any newly acquired cat of licensing age, or of any cat which attains licensing age, shall make application for license tag or sleeve for such cat within 10 days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a cat within the Borough for no longer than 90 days.
c. 
Cats brought into the Borough. Any person who shall bring, or cause to be brought into the Borough, any cat licensed in another state for the current year, and bearing registration tag or sleeve, and shall keep the same or permit the same to be kept within the Borough for a period of more than 90 days, shall immediately apply for a license and registration tag or sleeve for each such cat. Any person who shall bring or cause to be brought into the Borough any unlicensed cat, and shall keep same or permit same to be kept within the Borough for a period of more than 10 days, shall immediately apply for a license and registration tag or sleeve for each such cat.
d. 
Content of application; preservation of information. The application shall state the breed, sex, age, color and markings of the cat for which license and registration are sought, and whether it is of a long or shorthaired variety; also the name, street and post office address of the owner and the person who shall keep or harbor such cat. The information on the application and the registration number issued for the cat shall be preserved for a period of three years by the Borough Clerk or other local official designated to license cats in the Borough.
e. 
License forms and tags. License forms and official tags or sleeves shall be furnished by the Borough and shall be numbered serially, and shall bear the year of issuance and the name of the municipality.
f. 
Evidence of rabies vaccine or certification of exemption. The Borough Clerk or other official designated to license cats therein shall grant any such license and official registration tag or sleeve for any cat, unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services, or has been certified exempt as provided by Subsection 5-10.2. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.
g. 
Fees. A license shall be issued after payment of a fee of $15 for each nonneutered/nonspayed cat and $12 for each neutered/spayed cat.
h. 
Renewal; expiration. The person applying for the license and registration tag and/or sleeve shall pay the fee fixed or authorized. The fee for the renewal of license and registration tag or sleeve shall be the current fee, and the license, registration tag or sleeve and renewal thereof shall expire on January 31, in the following year.
i. 
Licenses from other new jersey municipalities. Only one license and registration tag or sleeve shall be required in the licensing year for any cat in this Borough. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by the Borough as evidence of compliance.
j. 
Loss of license. If a license tag or sleeve has been misplaced or lost, the Borough Clerk may issue a duplicate license and/or registration sleeve for that particular cat at a fee of $0.50.
k. 
Proof of licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining, or harboring a cat, upon the request of any health official, Police Officer, animal control officer or other authorized person.
l. 
Interfering with persons performing duties. No person shall hinder, molest, or interfere with anyone authorized or empowered to perform any duty under this section.
m. 
Disposition of fees collected. License fees and other moneys collected or received under the provisions of this section shall be forwarded to the Chief Financial Officer of the Borough and shall be placed in a special account separate from any of the other accounts of the municipality and shall be used for the following purposes only: collecting, keeping, and disposing of cats liable to seizure, for local prevention and control of rabies, providing anti-rabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies, and for administering the provisions of this section. Any unexpected balance remaining in such special account shall be retained until the end of the third fiscal year following, and may be used for any of the purposes set forth in this section. At the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such 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 the special account during the last two fiscal years next preceding.
[Ord. No. 36-92 § 7]
a. 
No person owning or having the care, custody or control of any cat shall permit such cat to soil or defile or to commit any nuisance upon any sidewalk, gutter, street, thoroughfare, park, in or upon any public property or in or upon the property of persons other than the owner or persons having the care, custody and control of such cat.
b. 
No person owning or having the care, custody or control of any cat shall suffer or permit it to soil or defile or do any injury or damage to any lawn, shrubbery, flowers, grounds, trees or any property of persons other than the owner of persons having the care, custody and control of such cat.
c. 
It shall be the duty of any person owning or having the care, custody or control of any cat to remove any feces left by such cat on any sidewalk, gutter, street, thoroughfare, park or other public area, or private property not his own.
[Ord. No. 36-92 § 8]
No cat, either licensed or unlicensed, shall be permitted to run at large off the premises of the person owning or having the care, custody or control of the cat or to trespass upon the property of any other resident of the Borough.
[Ord. No. 36-92 § 9]
The owner of a cat which bites a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the cat, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such cat or the owner's knowledge of such viciousness. The owner of a cat shall be responsible for any damage caused by the destruction or wounding of domestic animals or poultry, except dogs and cats, committed by the cat.
[Ord. No. 36-92 § 10]
The Police Department shall annually cause a canvass to be made of all cats owned, kept or harbored within the limits of the Borough and shall report to the Borough Clerk and the local Board of Health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring cats, the number of licensed cats owned, kept or harbored by each of the persons, together with the registration numbers of each of the cats, and the number of unlicensed cats owned, kept or harbored by each of the persons, together with a complete description of each unlicensed cat.
[Ord. No. 36-92 § 11]
a. 
Animal control. The Chief of Police, Animal Control Officer or any person appointed for that purpose shall take into custody and impound and thereafter destroy or dispose of:
1. 
Any cat off the premises of the owner or the person keeping or harboring the cat, which the official or his agent has reason to believe is a stray cat;
2. 
Any cat off the premises of the owner or the person keeping or harboring the cat without a current registration tag on his collar;
3. 
Any female cat in season off the premises of the owner or the person harboring or keeping the cat;
4. 
Any cat off the premises of the persons owning or harboring the same not secured as required by Subsection 5-13.2.
b. 
Notice of seizure. If any cat 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 is known, the Chief of Police, Animal Control Officer or any person authorized by her/him shall serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring the cat if known, a notice in writing, stating that the cat has been seized and will be liable to be disposed of if not claimed within seven days after the service of the notice.
c. 
Service of notice. A notice under this section may be served either by delivering it to the person to 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 mail in a prepaid letter addressed to that person at either address.
d. 
Redemption fees; destruction of cat. When any cat so seized has been detained for seven days after notice, when notice can be given or has been detained for seven days after seizure, when no notice has been given, and if the owner or person keeping or harboring the cat has not claimed the cat and paid all expenses incurred by reason of its detention, including maintenance not exceeding $2 per day, and if the cat is unlicensed at the time of the seizure and the owner or person keeping or harboring the cat has not produced a license and registration tag for the cat, the Chief of Police or any person authorized by him may cause the cat to be destroyed in as humane a manner as possible.
[Ord. No. 36-91 § 4]
Except as otherwise provided in this chapter, any person who violates, or who fails, or refuses to comply with this section shall, upon conviction thereof, be liable to a penalty of not more than $50 for each offense.
[Ord. No. O-15-06 § I]
This section is enacted to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough so as to protect public health, safety and welfare and to prescribe penalties for failure to comply.
[Ord. No. O-15-06 § II]
As used in this section:
FEED
To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
All animals that are neither human nor domesticated.
[Ord. No. O-15-06 § III]
No person shall feed, in any public park or on any other property owned or operated by the Borough of Monmouth Beach, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
[Ord. No. O-15-06 § IV]
a. 
This section shall be enforced by the Police Department and/or the Code Enforcement Office of the Borough.
b. 
Any person found to be in violation of this section shall be ordered to cease the feeding immediately.
[Ord. No. O-15-06 § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine of not less than $50 but not to exceed $1,500.