[Ord. No. 4-14-42]
The words hereinafter defined shall have the meaning herein
indicated for the purposes of this chapter as follows.
Borough of Monmouth Beach, in the County of Monmouth.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
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 mean and
include every person having a right of property in such dog and every
person who has such dog in his keeping.
An individual firm, partnership, corporation or association
of persons.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
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. 6-9-53 § 8; Ord. No. 1-10-83 § 8; Ord. No. 5-27-86]
No person shall keep, harbor or maintain any dog which habitually
barks or cries so as to disturb the public peace.
[Ord. No. 6-9-53 § 9; Ord. No. 1-10-83 § 9; Ord. No. 5-27-86]
The owner or custodian of any dog shall be responsible for any
damage done by 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.
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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 § 10]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[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:
That the pet solid waste is removed at once, without delay.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Waste matter expelled from the bowels of the pet; excrement.
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:
A cat.
Any person or agency designated or certified by the State
of New Jersey to enforce the provisions of this chapter.
Any member of the domestic feline species; male, female,
or altered.
Any cat which has attained the age of seven months, or which
possesses a set of permanent teeth.
Any room or group of rooms, cage, or exhibition pen, not
part of a kennel, wherein cats for sale are kept or displayed.
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.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
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.
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;
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:
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
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]
[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.
