[Ord. #715]
It is an objective of this Mayor and Council to protect the
public safety from animal related nuisances and threats to public
health, safety and welfare; and to provide for the humane treatment
of animals. It has been determined that both objectives can be fostered
by assuring that animal owners meet responsibilities for the control
and care of their animals and pets.
[Ord. #715, S 1; Ord. #1993-23, S 1; Ord. #1995-15, S 1;
Ord. #1998-04, S 1; Ord. #17-2009, S 1]
As used in this Chapter:
shall mean any live, vertebrate creature, domestic or wild.
shall mean a certified animal control officer who has completed
a training course covering law enforcement methods and techniques
and is authorized by the Borough and has successfully completed the
training course promulgated pursuant to rules and regulations by the
New Jersey Department of Health and Senior Services. Said animal control
officers duly authorized and permitted to enforce the animal cruelty
statutes pursuant to N.J.S.A. 4:22-1 et seq. The Animal Control Officer
shall be duly appointed by resolution of the Mayor and Council to
enforce the provisions of this Chapter, and provisions of P.L. 1997,
Chapter 247 and P.L. 1996, Chapter 113.
shall mean any facility operated by a nonprofit humane agency,
municipal agency, or any other authorized agent of the Borough for
the purpose of impounding or caring for animals held under the authority
of this Chapter or State Law.
shall mean any dog purchased, rented, or trained for the
purpose of attacking intruders or other persons and capable of causing
grievous or deadly injury to persons.
shall mean any pet shop, auction, circus, performing animal
exhibition, or kennel.
shall mean any animal or invertebrate that constitutes a
physical threat to human beings or other animals.
shall mean any dog or dog hybrid.
shall mean any cat, dog, or livestock other than poultry.
shall mean any nongame species of mammal, bird, reptile or
amphibian not indigenous to New Jersey, as defined in N.J.A.C. 7:25-4.1.
shall mean any premises wherein any person engages in the
business of boarding, breeding, buying, letting for hire, training
for a fee, or selling dogs, cats, or other domesticated animals.
shall mean Municipal Board of Health.
shall mean any person owning, keeping, or harboring one or
more animals. An animal shall be deemed to be harbored if it is fed
or sheltered for two (2) weeks or more.
shall mean any animal kept for pleasure rather than utility.
shall mean any place of business which sells animals including
but not limited to dogs, cats, birds, fish, reptiles, rabbits, hamsters,
or gerbils, primarily for companionship.
shall mean any miniature pot-bellied pig obtained as a domestic
pet and kept for pleasure rather than utility. Said pot-bellied pig
shall at no time exceed the weight of one hundred (100) pounds.
shall mean any animal which:
shall mean any animal secured by a leash or lead, or within
the real property limits of its owner.
shall mean any dog or dog hybrid declared vicious by the
Municipal Court Judge pursuant to this Chapter and N.J.S.A. 4:19-17
et seq.
shall mean those animals wild by nature, which because of
habitat, mode of life or natural instinct, are not capable of being
completely domesticated, and require the exercise of art, force or
skill to keep them in subjection.
shall mean any cat that is living outdoors, is untagged and
has no apparent owner.
[Ord. #715, S 2; Ord. #809, S 1; Ord. #17-2009, S 2; Ord.
#2013-22]
a.
Any
person owning, keeping, harboring, or having custody of any dog six
(6) months of age or older within this Borough is required each year
to have the same registered with the Board of Health; there shall
be attached to the collar of each dog the registration tag furnished
by the Board of Health.
b.
Application
for a license must be made within thirty (30) days after obtaining
a dog that is six (6) months of age or older, except that this requirement
will not apply to a nonresident keeping a dog within the Borough for
a period of not longer than sixty (60) days.
c.
The
license expires January 31 of each year and is subject to renewal
thirty (30) days prior to this expiration date each year.
d.
Cats
will wear a tag identifying owner by name and address; tags will be
provided by the cat owners; safety collars are advised. Cats over
six (6) months of age will be inoculated for rabies in such a manner
and with such frequency as to provide continuous protection against
rabies.
e.
Cats not wearing identification tags will be considered stray and wild animals and subject to impoundment as stated in Section 5-5 of this Chapter.
f.
Fees
[Amended 9-28-2020 by Ord. No. 2020-08]
|
1 Year
|
3 Years
| |
|---|---|---|
|
License
|
$10.80
|
$29.40
|
|
Registration
|
$1.00
|
$3.00
|
|
State of N.J. Neutering Program
|
$0.20
|
$0.60
|
|
Total Cost
|
$12.00
|
$33.00
|
|
Surcharge for Unneutered or Unspayed Dogs
|
$3.00
|
$9.00
|
|
Total Cost with Surcharge
|
$15.00
|
$42.00
|
g.
A
late fee in the amount of five ($5.00) dollars shall be due and payable
to the Borough for each and every dog license renewed after the last
day of January of each year.
h.
Any
person owning, keeping, harboring or having custody of any cats six
(6) months of age or older within this Borough is required each year
to have the same registered with the Board of Health. The registration
tag furnished by the Board of Health shall be maintained by the owner
and made available for presentation upon request.
i.
Applications
for a license for a cat must be made within thirty (30) days after
obtaining the cat that is six (6) months of age or older, except that
this requirement shall not apply to a nonresident keeping a cat within
the Borough for a period of not longer than sixty (60) days.
j.
Any
person owning, keeping, harboring or having custody or any exotic
mammal, bird, reptile or amphibian six (6) months of age or older
within this Borough is required each year to have the same registered
with the Board of Health. The registration tag furnished by the Board
of Health shall be maintained by the owner and made available for
presentation upon request.
k.
Applications
for a license for an exotic mammal, bird, reptile or amphibian must
be made within thirty (30) days after obtaining the exotic animal
that is six (6) months of age or older, except that this requirement
shall not apply to a nonresident keeping an exotic animal within the
Borough for a period of no longer than sixty (60) days.
l.
A
one (1) year license for cats and for exotic mammals, birds, reptiles,
or amphibians shall be issued after payment of the applicable fees:
License (up to four (4) cats per household): $5.00
License (for each exotic animal): $5.00
m.
A
late charge in the amount of five ($5.00) dollars shall be due and
payable to the Borough for each and every cat license renewed after
the last day of January of each year.
[Amended 9-28-2020 by Ord. No. 2020-08]
[Ord. #1993-23, S 2]
a.
Any person owning, keeping, harboring, or having custody of any domesticated
miniature pot-bellied pig duly registered with a nationally recognized
service and of at least six (6) months of age within this Borough
is required each year to have the same registered with the local Board
of Health. A photograph of said pot-bellied pig with any and all other
required documentation must be presented to the Board of Health along
with the applicable fee. A certificate of registration valid for that
calendar year shall then be issued by the local Board of Health to
the owner.
b.
No pot-bellied pig shall be considered lawful or issued a license
until such time as the local Board of Health has been presented with
a certification from a licensed veterinarian that said animal has
been neutered or spayed.
c.
In order to obtain said license each owner must present proof of
said pot-bellied pig having received any and all inoculations as may
be required under the regulations of the State of New Jersey.
d.
Application for a license must be made within thirty (30) days after
obtaining a pot-bellied pig that is six (6) months of age or older,
except that this requirement will not apply to a nonresident keeping
a pot-bellied pig within the Borough for a period of not longer than
sixty (60) days.
e.
The license expires January 31 of each year and is subject to renewal
thirty (30) days prior to this expiration date each year.
f.
A one (1) year pot-bellied pig license shall be issued after payment
of applicable fees:
License: $7.00
g.
A late fee in the amount of five ($5.00) dollars shall be due and
payable to the Borough for each pot-bellied pig license renewed after
the last day of March of each year.
[Ord. #715, S 3; Ord. #1998-04, S 2]
a.
No
person shall operate a commercial animal establishment without first
obtaining a permit in compliance with this section.
b.
The
permit shall begin on July 1 of each year and shall run for one (1)
year. Renewal applications for permits shall be made thirty (30) days
prior to, and up to thirty (30) days after July 1 of each year. Application
for a permit to establish a commercial animal establishment under
the provisions of this Chapter may be made at any time. For the permit
year starting July 1, 1998 to June 30, 1999, for those commercial
animal establishments which had previously complied with this Chapter
and obtained a permit beginning on January 1, 1998, one-half (1/2)
of the permit paid for the year beginning January 1, 1998 shall be
credited toward the new permit which must be obtained so as to begin
on July 1, 1998.
c.
If
there is a change in ownership of a commercial animal establishment,
the new owner may have the current permit transferred to his name
upon payment of a ten ($10.00) dollar transfer fee.
d.
The
annual license fee for a kennel providing accommodations for ten (10)
or less dogs shall be ten ($10.00) dollars and for more than ten (10)
dogs, twenty-five ($25.00) dollars. The annual license fee for other
commercial animal establishments shall be ten ($10.00) dollars.
e.
Prior
to the issuance of any permits, the Borough Board of Health, in conjunction
with the Office of Code Enforcement shall inspect the commercial animal
establishment in order to determine that all requirements of this
Chapter, and the appropriate Administrative Code Regulation, N.J.A.C.
8:23A-1.1 et seq. have been complied with.
[Ord. #715, S 4; Ord. #1993-23, S 3]
a.
All
dogs and pot-bellied pigs shall be kept under restraint.
b.
Allowing
or permitting any dog, cat or pot-bellied pig to run at large, or
allowing or permitting any dog or cat to annoy other inhabitants of
the Borough is declared to be a nuisance and violation of this Chapter.
c.
Every
dangerous animal or invertebrate, as determined by the Animal Control
Officer, shall be confined by its owner within a building or secure
enclosure and shall be securely muzzled or caged whenever off the
premises of its owner.
d.
No
person shall keep or allow his dog or pot-bellied pig, or any such
animal in his custody to be on the Public Beach of the Borough.
[Ord. #715, S 5; Ord #1993-23, S 4; Ord. #1995-15, S 3]
a.
The
Animal Control Officer of the Borough of Point Pleasant shall take
into custody and impound or cause to be taken into custody and impounded
the following:
1.
Any dog running at large within the limits of the Borough of Point
Pleasant.
2.
Any dog not licensed or tagged as provided by this Chapter.
3.
Any dog off the premises of the owner, or the person keeping or harboring
the dog, when the Animal Control Officer shall have reason to believe
is a stray dog.
4.
Any dog with a vicious or dangerous propensity, or noticeably infected
with rabies, or bitten by an animal suspected of having rabies.
5.
Any female dog in season off the premises of the owner or person
keeping or harboring such dog.
6.
Any cats creating a nuisance while off the property of their owner,
or person keeping or harboring the cat.
7.
Any dog or other animal as authorized by the provisions of N.J.S.A.
40:19-15.16.
b.
In
the event of a dog bite, the Animal Control Officer shall work directly
under the Local Board of Health in all administrative and enforcement
actions and in accordance with prescribed state statutes.
c.
Any
dog or cat so seized wearing a collar or harness having inscribed
thereon or attached thereto the name and address of any person or
a registration tag, or if the person keeping or harboring said dog
or cat is known, the Animal Control Officer shall forthwith cause
to be served upon the person whose address is given on the collar
or on the owner or on the person keeping or harboring said dog or
cat, if known, a notice in writing stating that the dog or cat has
been seized and will become the subject of appropriate action in a
manner approved by the Department of Health of the State of New Jersey
if not claimed within seven (7) days after the service of the notice.
d.
A
notice under this section may be served either by delivering it to
the person upon 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 or her usual or last known place of abode or to
the address given on the collar.
e.
When
any dog or cat so seized has been detained for seven (7) days after
notice, when notice can be given as above set forth, or has been detained
for seven (7) days after seizure, when no notice has been given as
above set forth, and if the owner or person keeping or harboring said
dog or cat has not claimed said dog or cat and not paid all expenses
incurred by reason of its detention, which shall be not less than
ten ($10.00) dollars, together with maintenance costs at the rate
of five ($5.00) dollars per day, and if the dog is unlicensed at the
time of the seizure produced a license and registration tag for said
dog, the Animal Control Officer may take appropriate action in a manner
approved by the Department of Health of the State of new Jersey and
in accordance with the statutes of the State of New Jersey.
f.
Fee
schedule for the Borough of Point Pleasant animal control program
(for animal shelter, euthanasia, burial):
|
Disposition
|
Service
|
Fee
|
|---|---|---|
|
Reclaimed
|
Administration fee
Board per day
|
$20.00
$ 5.00
|
|
Adopted
|
Administration fee
Board per day
|
$20.00
None
|
|
Quarantined
|
Administration fee
Board per day
|
$20.00
$ 5.00
|
|
Unwanted
|
Administration fee
Euthanasia fee
Burial
|
$25.00
$20.00
$30.00
|
|
Unwanted quarantined
|
Administration fee
Board per day
Euthanasia fee
Burial fee
|
$20.00
$ 5.00
$20.00
$30.00
|
|
Dead on arrival, if owned
|
Administration fee
Burial fee
|
$20.00
$30.00
|
|
Miscellaneous handling
|
Dipping
Bathing
Bathing/Dipping
|
$10.00
$10.00
$15.00
|
[Ord. #1995-15, S 4]
The Animal Control Officer engaged in the performance of any
duty under this Chapter or the statutes of the State of New Jersey
is hereby authorized to enter upon any premises to seize and impound
any dog or cat, or dogs or cats, which he/she may lawfully seize or
impound when such officer is in immediate pursuit of said dog or cat,
or dogs or cats, except upon the premises of the owner of the dog
or cat, if said owner is present and forbids the same.
[Ord. #1995-15, S 5]
It shall be unlawful for any person to hinder, molest or interfere
with any one authorized or empowered to perform any duty under this
Chapter or of the statutes of New Jersey.
[Ord. #715, S 6]
a.
No
owner shall fail to provide his animals with sufficient good and wholesome
food and water, proper shelter and protection from the weather, veterinary
care when needed to prevent suffering, and with humane care and treatment.
b.
No
person shall ill-treat, torment, otherwise abuse an animal, or permit
combat between animals.
c.
Any
owner that shall abandon an animal shall be subject to the penalties
herein.
d.
No
person shall give away any live animal, reptile, or bird, except fish
(permitted), as a prize for or as an inducement to enter any contest,
games, or other competition, or as an inducement to enter a place
of amusement; or offer such vertebrate as an incentive to enter into
any business agreement whereby the offer was for the purpose of attracting
trade.
e.
It
shall be unlawful for any person to place any known poisonous substance
for the sole purpose of poisoning domestic or wild animals except
rodents.
[Ord. #715, S 7; Ord. #773, S 1; Ord. #803, S 1; Ord. #1993-23,
S 5]
a.
No person shall keep or permit to be kept on his premises any wild
or dangerous animal for display or exhibition purposes, whether gratuitously
or for a fee. No person shall raise, keep, harbor or maintain any
hogs, cows, sheep, goats or pigs, with the exception of a domestic
pot-bellied pig as defined by this Chapter of the Borough Code, within
the limits of the Borough.
b.
No person shall keep or permit to be kept any wild animals unless
licensed by the State.
c.
It shall be deemed unlawful, and a public nuisance, and a violation of this Chapter, for any person to keep or maintain more than four (4) dogs or cats, or a combination of dogs, cats or pot-bellied pigs in any property within the Borough of Point Pleasant. At no time shall a person keep or maintain more than one (1) pot-bellied pig in a property within the Borough of Point Pleasant. This section shall not apply to a litter of pups or kittens kept or maintained in or upon any property within six (6) calendar months of birth. This section shall also not be applicable to any commercial establishment or animal shelter licensed in accordance with Section 5-4 of this Chapter.
d.
Persons having more than four (4) animals as of the date of the adoption
of this section shall be allowed to keep a maximum of six (6) animals.
However, the maximum number of animals such person shall be permitted
to keep shall not exceed four (4) upon the death of animals being
maintained or kept as of the date of the adoption of this section.
[Ord. #2011-15]
a.
No person shall keep or permit to be kept on any premises within the Borough of Point Pleasant any turkey, chicken, quail, pheasant, peacock or hen except in accordance with the provisions of this Chapter. No more than a total of twelve (12) birds, of which no more than one (1) shall be a rooster, shall be permitted to be maintained on any one (1) property. All birds shall have a license in accordance with Section 5-3.
b.
All such animals shall be kept indoors, or if maintained outdoors,
shall be kept at all times in a fenced enclosure within the rear yard
of a property.
c.
All animals kept outdoors shall be provided a coop facility for protection
from the weather, which shall be maintained free of animal waste and
odors, and shall be located in compliance with rear yard building
setbacks for an accessory structure.
[Ord. #715, S 8]
All dogs must be curbed by the person so controlling same. The
owner of every animal shall be responsible for the removal of any
excreta deposited by his animal on public walks, recreation areas,
or private property.
[Ord. #715, S 9; Ord. #1995-15, S 6, 7]
a.
The Animal Control Officer shall immediately notify the Municipal Court Administrator, and the Municipal Health Officer that he/she has seized and impounded a dog pursuant to Section 5-6 of this Chapter, or that he/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 pursuant to this Chapter or a statute of the State of New Jersey. If the owner cannot be identified within seven (7) days, that dog may be humanely destroyed.
b.
The Animal Control Officer shall within three (3) working days of
the determination of the identity of the owner of a dog seized and
impounded pursuant to this Chapter notify the Municipal Court Administrator
of the pertinent information regarding the animal and its owner so
the Municipal Court may provide the appropriate notice or the Animal
Control Officer may undertake the obligation of providing the appropriate
notice by proceeding as follows: notify by certified mail, return
receipt requested, the owner concerning the seizure and impoundment,
and that, if the owner wishes, a hearing will be held to determine
whether the impounded dog is vicious or potentially dangerous. This
notice shall also require that the owner return within seven (7) days,
by certified mail or hand delivery, a signed statement indicating
whether he/she wishes the hearing to be conducted or, if not, to relinquish
ownership of the dog, in which case the dog may be humanely destroyed.
The owner shall also be notified that if he/she wishes the hearing
to be conducted, he/she may obtain a medical evaluation of the dog
which shall be completed within ten (10) days of receipt of the notice.
If the owner cannot be notified by certified mail, return receipt
requested, or refuses to sign for a certified letter, or does not
reply to the certified letter with a signed statement within seven
(7) days of receipt, the dog may be humanely destroyed.
c.
The Municipal Court shall declare the dog vicious if it finds by
clear and convincing evidence that the dog:
1.
Killed a person or caused serious bodily injury to a person as defined
in N.J.S. 2C:11-1(b); or
2.
A dog shall not be declared vicious for inflicting death or serious
bodily injury as defined in N.J.S. 2C11-1(b) upon a person if the
dog was provoked. The Borough of Point Pleasant shall bear the burden
of proof to demonstrate that the dog was not provoked; or
3.
If the Municipal Court declares a dog to be vicious, and no appeal
is made of this ruling pursuant to the Rules of Court, the dog shall
be destroyed in a humane and expeditious manner, except that no dog
may be destroyed during the pendency of an appeal.
d.
1.
The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
(a)
Caused bodily injury as defined in N.J.S. 2C:11-1(b) to a person
during an unprovoked attack, and poses a serious threat of bodily
injury or death to a person, or
(c)
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
2.
The Municipal Court shall not declare a dog to be potentially dangerous
for:
(a)
Causing bodily injury as defined in N.J.S. 2C:11-1(a) to a person
if the dog was provoked, or
(b)
Killing a domestic animal if the domestic animal was the aggressor.
For the purposes of paragraph (a) the Borough of Point Pleasant
shall bear the burden of proof to demonstrate that the dog was not
provoked.
3.
If the Municipal Court declares the dog to be potentially dangerous,
it shall issue an Order and a schedule for compliance which, in part:
(a)
Shall require the owner to comply with the following conditions:
(1)
To apply, at his own expense, to the Clerk of the Borough of
Point Pleasant or Board of Health Office for a special license designating
the dog as a potentially dangerous dog, and issuing a municipal registration
number, and a red identification tag to be worn on the dog's collar.
The owner shall at his 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 municipal potentially
dangerous dog license, registration number and a red identification
tag:
(2)
To display, in a conspicuous manner, a sign on his premises
warning that a potentially dangerous dog is on the premises. The sign
shall be visible and legible from fifty (50') feet of the enclosure
required by paragraph d,3(a)(3) of this section:
(3)
To immediately erect and maintain an enclosure for the potentially
dangerous dog will be kept and maintained, 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
(6') feet in height separated by at least three (3') 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 a potentially dangerous dog by
an unknowing child or other person. All potentially dangerous dogs
shall be confined in the enclosure or, if taken out of the enclosure,
securely muzzled and restrained 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 (3') feet from the owner
and under the direct supervision of the owner;
(4)
The Municipal Court may order any other provision, control,
or requirement that it deems equitable and just.
e.
Notwithstanding any provision to the contrary, the Borough of Point
Pleasant and the owner of a dog may settle and dispose of the matter
at any time in such manner and according to such terms and conditions
as may be mutually agreed upon. Notwithstanding any provision to the
contrary, the Borough of Point Pleasant, or any of its employees,
or agents shall not have any liability by virtue of entering into
a settlement agreement pursuant to this section, or for any action
or inaction related to the entry into such agreement, for any injuries
or damages caused by the dog. As a condition of any settlement agreement
the Borough of Point Pleasant shall require the owner of such dog
to hold the Borough of Point Pleasant harmless for any damages, legal
fees or expenses incurred by the Borough in defending against any
cause of action brought against the Borough of Point Pleasant, its
employees, or agents, notwithstanding the prohibition against such
causes of action as set forth by New Jersey Statutes.
[Ord. #715, S 10; Ord. #91-30, S 1; Ord. #95-13, S 1; Ord.
#1995-15, S 8]
Any person who shall violate provisions or subsections of this
section shall be fined in accordance with the following schedule pertaining
to the applicable subsection of this section:
a.
Violations of any provision of this Chapter shall be punished, by a fine of not less than fifty ($50.00) dollars nor more than one thousand ($1,000.00) dollars. If any such violation is a continuing one, each day's violation shall be deemed a separate violation. If any person is found guilty by a court of violating Section 5-6, his permit to own, keep, harbor or have custody of animals shall be deemed automatically revoked and no new permit shall be issued by the Licensing Authority.
b.
The owner of a potentially dangerous dog who is found by clear and
convincing evidence to have violated this chapter or has been found
to have violated an Order of the Municipal Court of the Borough of
Point Pleasant, shall be subject to a fine of not more than one thousand
($1,000.00) dollars per day of the violation, and each day's continuance
of the violation shall constitute a separate and distinct violation.
[Ord. #1999-05, S 1]
a.
No person, whether as owner or an individual having care of or control
of, shall bring or permit to be brought, or allow to run loose, any
dog on any public school property or in any public school building
located within the Borough of Point Pleasant, except as part of a
theatrical production, or an activity specifically authorized by the
Board of Education, the Superintendent of Schools, the Assistant Superintendent
of Schools or any building principal.
b.
Every public entrance onto school property shall be posted with a
sign legibly lettered notifying the public that dogs are prohibited
on the property or in the school building and shall further state
that violations are subject to fine and punishment by a municipal
ordinance. There shall be a minimum of four (4) signs posted at each
school property under the ownership or control of the Point Pleasant
Borough Board of Education.
c.
The Superintendent of the School District, or persons designated
by him/her, or any school principal, or persons designated by such
school principal, or any other person having control of school property,
or a police officer or other public servant engaged in his official
duties, or any other citizen, may sign a complaint against any individual
for a violation of the provisions of this section.
d.
Upon the signing of the complaint as provided herein against a person
under the age of eighteen (18), the Municipal Court shall subpoena
the parent(s) and/or guardian(s) of the person charged to appear at
the Municipal Court hearing.
