The statute that provides for the licensing of dogs is N.J.S.A.
4:19-15.1, et seq.
As used in this chapter the following words and phrases shall
have the meanings given:
shall mean any dog off the premises of the person owning, keeping or harboring it where the dog is not secured or fastened to a leash or chain of six feet or less and which is held by its owner or other person capable of controlling said animal, or securely fastened to a stable stationary object, except that dogs which have been registered as Point Pleasant Beach Geese Force animals shall not be considered to be running at large during goose patrol as permitted in Subsection 7-6.8 of this chapter.
shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
when applied to the proprietorship of a dog shall mean and
include every person having a right of property in any dog and every
person who has a dog in his keeping, and shall also include any person
exercising control over a dog or permitting a dog to remain on premises
under his control.
shall mean any dog or hybrid which has been declared by a
municipal judge to be a vicious dog which has killed a person or caused
serious bodily injury to a person, or attacked or bitten any human
being, or has engaged in dog fighting activities as described in N.J.S.A.
4:22-24 and N.J.S.A. 4:22-26.
Editor's Note: Prior to the issuance or renewal of any license or permit, applicants must comply with the provisions of section 5-14, "Payment of Real Estate Taxes Prior to the Issuance of Licenses or Permits," as codified in the Borough Code.
Licenses shall be required for the following dogs of licensing
age:
a.
Any dog owned or kept within the Borough by a resident of the Borough
on the first day of January of any calendar year.
b.
Any dog acquired by any person during the course of any calendar
year and kept within the Borough for more than ten days after acquisition.
c.
Any dog attaining licensing age during the course of the calendar
year.
d.
Any unlicensed dog brought into the Borough by any person and kept
within the township for more than ten days.
e.
Any dog licensed by another state brought into the Borough by any
person and kept within the Borough for more than 90 days.
Each application for a license under this chapter shall be made
to the Borough Clerk and shall give the following information:
a.
A general description of the dog sought to be licensed, including
breed, sex, age, color and markings, and whether the dog is of a long
or short haired variety.
b.
Name, street and post office address of owner of, and the person
who shall keep such dog, if other than the owner.
Registration numbers shall be issued in the order in which applications
are received.
c.
All dogs 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. A certificate of vaccination
shall be provided by the applicant upon application for license.
Applications for licenses for dogs which are required to be licensed by the provisions of Subsection 7-2.1 (a) shall be made before the first day of February of each calendar year. In all other cases the application for a license shall be made within ten P days of the date upon which the dog in question first becomes subject to the provisions of this section.
The information on all applications under this chapter and the
registration number issued to each licensed dog shall be preserved
for a period of three years by the Borough Health Officer. In addition,
he shall forward similar information to the State Department of Health
each month on forms furnished by the Department.
The person applying for a license shall pay a fee of ten ($10.00)
dollars for each neutered dog and thirteen ($13.00) dollars for each
nonneutered dog, which fee shall include the State fee. The same fees
shall be charged for the annual renewal of each license.
Each dog license and registration tag shall expire on the last
day of January of the calendar year following the calendar year in
which it was issued.
Dogs used as guides for blind persons and commonly known as
"seeing eye dogs" shall be licensed in the same manner as other dogs,
except that the owner shall not be required to pay any fee.
The chief of police of the Borough of Point Pleasant Beach,
or some person designated by him, shall make an annual canvass of
all dogs owned within the limits of the Borough and shall report the
results to the Borough Clerk, the Board of Health of the Borough,
and the State Department of Health, giving the names and addresses
of persons owning dogs, the number of licensed dogs owned by each
person, with the registration number, and the number of unlicensed
dogs owned by each person, with a complete description of each unlicensed
dog.
It shall be the duty of the police department and the animal control officer to receive and investigate complaints against dogs. If either deem any dog complained of to be a vicious dog, as defined in section 7-1, or potentially dangerous dog, he shall report his findings in writing to the judge of the municipal court.
The judge of the municipal court shall notify, in writing via
certified mail, return receipt requested, the owner of an allegedly
vicious or potentially dangerous dog that a complaint has been made
and require the owner to appear before him at a stated time and place
for a hearing. This notice shall also require that the owner return,
within seven days by certified mail or hand delivery, a signed statement
indicating whether he wishes the hearing to be conducted or, if not,
to relinquish ownership of the dog, in which case the dog may be humanely
destroyed. If the owner cannot be notified by certified mail, return
receipt requested, or refuses to sign for the certified letter, or
does not reply to the certified letter with a signed statement within
seven days of receipt, the dog may be humanely destroyed.
The judge shall conduct the hearing in the same manner as he
would conduct the trial of a criminal case.
b.
A dog shall not be declared vicious for inflicting death or serious
bodily injury upon a person if the dog was provoked.
c.
If the municipal court declares a dog to be vicious, and no appeal
is made of this ruling, the dog shall be destroyed in a humane and
expeditious manner, except that no dog may be destroyed during the
pendency of an appeal.
a.
The municipal court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
a.
Any person owning a dog which has been determined to be potentially
dangerous:
1.
Shall 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 50 feet of the enclosure required pursuant
to paragraph b of this subsection.
b.
Shall immediately erect and maintain an enclosure for the potentially
dangerous dog on the property where 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 feet in height
separated by at least three 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 with a tether approved by the animal control officer
and having a 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 feet from the owner and under the direct
supervision of the owner.
The owner of the dog, or the animal control officer in the municipality
in which the dog was impounded, may appeal any final decision, order,
or judgment, including any conditions attached thereto, of the municipal
court by filing an appeal with the Superior Court, Law Division, in
accordance with the rules governing the courts of the State of New
Jersey pertaining to appeals from courts of limited jurisdiction.
a.
If a dog is declared vicious or potentially dangerous, and all appeals
pertaining thereto have been exhausted, the owner of the dog shall
be liable to the Borough for the costs and expenses of impounding
and destroying the dog. The owner shall incur the expense of impounding
the dog regardless or whether the dog is ultimately found to be vicious
or potentially dangerous.
b.
If the dog has bitten or exposed a person, within ten days previous
to the time of euthanasia, its head shall be transported to the New
Jersey State Department of Health laboratory for rabies testing.
If the municipal court finds that the dog is not vicious or
potentially dangerous, the municipal court shall retain the right
to convene a hearing to determine whether the dog is vicious or potentially
dangerous for any subsequent actions of the dog.
The Borough and the owner of the 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. The Borough, including
any of its employees, shall have no liability by virtue of having
entered into any 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 thereafter by the dog. The Borough,
as a condition of the settlement agreement, requires that the owner
of the dog hold the Borough harmless for any legal expenses or fees
the Borough may incur in defining against any cause of action against
the Borough notwithstanding the prohibition against such causes of
action set forth in this section.
The dog catcher shall take into custody and impound, or cause
to be taken into custody and impounded, any of the following dogs:
a.
Any unlicensed dog running at large in violation of the provisions
of this chapter.
b.
Any dog off the premises of the owner or which the poundmaster or
his agent has reason to believe is a stray dog.
c.
Any dog off the premises of the owner of such dog without a current
registration tag on its collar.
d.
Any female dog in season off the premises of the owner or of the
person keeping or harboring such dog.
e.
Any dog which has been determined to be a vicious dog which is not
controlled as required by Subsection 74.3. Any such dog that cannot
be seized with safety may be killed.
Any officer or agent authorized or empowered to perform any
duty under this chapter is authorized to go upon any premises to seize
any dog which he may lawfully seize and impound when he is in immediate
pursuit of such dog, except upon the premises of the owner of the
dog if the owner is present and forbids it.
If any dog impounded or seized wears a registration tag, collar
or harness having inscribed on or attached to it the name and address
of the owner, the dog catcher shall immediately serve on the person
whose address is given on the collar a notice in writing stating that
the dog has been seized and will be liable to be disposed of or destroyed
if not claimed within seven days after the service of the notice.
A notice under this subsection may be served either by delivering
it to the person on 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 his usual or last known place of abode, or to the
address given on the collar.
The dog catcher is authorized and empowered to cause the destruction
of any unclaimed dog, in as humane a manner as possible, under any
of the following contingencies:
a.
When any dog seized has not been claimed by the person owning, keeping
or harboring such dog within seven days after notice or within seven
days of the dog's detention when notice cannot be given, as set forth
in the previous subsection.
b.
If the person owning, keeping or harboring any dog seized has not
paid all expenses incurred by reason of its detention, including maintenance,
not to exceed five ($5.00) dollars for the first day, and one ($1.00)
dollar per day for each additional day.
c.
If the seized dog is unlicensed at the time of its seizure and the
person owning, keeping or harboring such dog has not produced a license
and registration tag as provided in this chapter.
No person shall own a dog in the Borough of Point Pleasant Beach
except in compliance with the following regulations:
At the time of the issuance of each dog license, a metal registration
tag shall be issued for each dog licensed. All licensed dogs shall
wear a collar or harness with the registration tag for that dog securely
fastened to it.
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.
[New]
No person shall interfere with anyone authorized or empowered
to perform any duty under this chapter.
[Ord. #B-57, § 5]
No person shall own or maintain a dog which habitually barks
or cries in a manner that would disturb a reasonable person, particularly
between the hours of 10:00 p.m. and 6:00 a.m.
[Ord. #115-A, § 2; Ord. #B-57, § 1—3;
Ord. #2010-04, § 2]
No person owning a dog shall permit it to run at large in any public place within the Borough of Point Pleasant Beach, except as permitted in Subsection 7-6.8 of this chapter, or to run at large on the private property of any other person.
[Ord. #B-57, § 2; Ord. #2010-04, § 2; Ord. No. 2015-16]
a.
No person owning, keeping or harboring any dog shall permit it to be upon the public streets or in any of the public places of the Borough of Point Pleasant Beach, except as permitted in Subsection 7-6.8 of this chapter, unless such dog is accompanied by a person capable of controlling it and is securely confined and controlled by an adequate leash not more than six feet long.
b.
It is unlawful to chain or tether unneutered/unspayed dogs in any
manner and/or at any time within the Borough.
c.
Neutered/spayed dogs may be tethered under the following circumstances:
1.
The tether must be at least fifteen (15) feet long and have an operative
swivel on both ends, weigh no more than 1/8th of the dog's weight
and be attached to a properly fitted collar or harness.
2.
The collar used for tethering may not be a choke chain collar, slip
collar or prong collar.
3.
The tether must allow the dog access to proper shelter, sufficient
food and sufficient water.
4.
The tether may not be used in any area where it may be tangled around
an object, such as, but not limited to, a tree, pole, fence or stake.
5.
The tether cannot inhibit the movement of the animal's limbs or cause
injury, harm, entanglement or strangulation.
6.
The tether must restrain the dog within the bounds of the owner's
or custodian's property.
7.
The tether must terminate no less than five (5) feet from any fence,
pool, wall, vehicle, tree or roadway, or other object or obstruction
upon which the animal might harm itself.
8.
Dogs may be tethered for no more than six (6) consecutive hours in
any twenty-four hour period of time and never between sunset and sunrise.
9.
If there are multiple dogs, each dog shall be tethered separately
and in such a manner that the tethers shall not become entangled with
each other.
10.
No dog shall be tethered at a vacant structure or premises for any
purpose when it is not monitored by a competent adult who is present
at the property for the duration of such tethering.
11.
No dog that is sick or injured shall be tethered.
d.
When a violation of this provision occurs, an animal control officer
or law enforcement officer is authorized to document the circumstances,
and obtain evidence.
e.
Dog shelters shall be a suitable size to accommodate the dog in both
standing and lying positions.
f.
It shall be moisture-proof, windproof, ventilated and in cold temperatures
shall promote the retention of body heat.
g.
It shall be made of durable material with a solid, moisture-proof
floor raised at least two (2) inches from the ground.
h.
It shall have a sufficient quantity of clean bedding material consisting
of hay, straw, cedar shavings, or equivalent to provide insulation
and protection against cold and dampness.
i.
Drinking water is available in a clean, liquid state. Snow or ice
is not an acceptable water source.
j.
The doghouse or similar structure and the surrounding area shall
be free from excessive dirt, trash and waste.
k.
For temperatures below 32 degrees Fahrenheit, the doghouse or structure
shall have a wind break at the entrance.
l.
For temperatures above 85 degrees Fahrenheit, all dogs must be afforded
one or more separate areas of shade large enough to accommodate the
entire body of each dog and protect them from the direct rays of the
sun.
Any person, whether as owner or custodian of a dog, convicted
of a violation of any of the provisions of this section shall be,
upon conviction of any of the provisions hereof, subject to a fine
or penalty for the first offense of one hundred ($100.00) dollars,
a second offense shall be a fine of two hundred ($200.00) dollars,
and the third offense a fine of three hundred ($300.00) dollars. For
subsequent offenses, there may be a permanent surrender of the dog
if recommended by Animal Control and ordered by the Municipal Court.
[Ord. 1972-7, § A]
No person owning, harboring, keeping, walking, or in charge
of, any dog shall cause, suffer, permit or allow such dog to soil,
defile, defecate on or commit any nuisance on any common thoroughfare,
street, sidewalk, passageway, road, bypath, play area, park, or any
place where people congregate or walk, or upon any boardwalk, beaches
or beachfront in the Borough, or upon any public property whatsoever,
or upon any private property without the permission of the owner of
the private property. If any person shall permit a dog to soil, defile,
defecate on or commit any nuisance on the areas mentioned, he or she
shall immediately remove all feces and droppings deposited by the
dog, which removal shall be in a sanitary manner by shovel, container,
disposal bag, etc., and the feces and droppings shall be removed by
the person from the designated areas and disposed of by that person
in a sanitary manner.
[Ord. 1972-12, § A; Ord. #2008-53, § 1;
Ord. #2010-04, § 3; amended 6-1-2021 by Ord. No. 2021-26]
No dogs shall be permitted in or upon the boardwalks, beaches,
recreation areas, play areas or public parks of the Borough whether
the dog be on a leash or otherwise.
a.
Notwithstanding the restriction set forth above, the owner of any
dog under the control of a leash may take or permit a dog to be or
go upon the beach from September 15 through May 15. In addition the
owner of any dog under the control of a leash may take or permit a
dog to be or go upon the beach after sunrise and before 7:30 a.m.
from May 15 to September 15. Dogs are prohibited on the boardwalk
at all times.
b.
Notwithstanding the restrictions set forth above, a person may take
a dog, which has been registered as a Point Pleasant Beach Geese Force
animal onto public facilities, with the exception of the boardwalk
and beaches, especially municipal parks, Point Pleasant Beach School
fields and playgrounds, public areas around the Borough's three lakes,
Point Pleasant Beach Little League fields, and other open fields,
during daylight hours as per Geese Force Committee Rules and Regulations
approved by the Point Pleasant Beach Governing Body.
c.
There shall be constituted within the Borough of Point Pleasant Beach
a civilian group known as the Point Pleasant Beach Geese Force. The
governing body shall appoint a committee, to be known as the Geese
Force Committee, consisting of three owners of registered Point Pleasant
Beach Geese Force dogs, a member of the community who does not own
a registered Point Pleasant Beach Geese Force dog, a member of the
animal welfare committee, the Point Pleasant Beach Animal Control
Officer and a liaison from the Borough Council, within 30 days of
the effective date of this section (adopted March 2, 2010). The committee
shall serve for one year. The committee shall be responsible for enforcing
the rules and regulations of this section solely among the participants
in the Point Pleasant Beach Geese Force program. The committee shall
have the authority to report noncomplying members to the dog warden
for removal from the Point Pleasant Beach Geese Force membership.
The committee shall also be responsible for reviewing the applications
for Geese Force membership annually and reporting to the dog warden
all participants in the program, any changes (i.e. additions/removals)
in participation, and any other items of importance to the program.
d.
There shall be permitted no more than ten dogs at any one given location
at any one time in the goose-infested municipal parks, Point Pleasant
Beach School fields and playgrounds, public areas around the Borough's
three lakes, the Point Pleasant Beach Little League fields, and other
open fields.
e.
Participants in the Point Pleasant Beach Geese Force program must comply with the requirements of Section 7-2 of this chapter and supply proof of the same to the Geese Force Committee annually as part of their registration for the program. They shall also abide by the rules and regulations, which may be adopted from time to time by the Governing Body of the Borough of Point Pleasant Beach for the operations of said Point Pleasant Beach Geese Force program by resolution duly enacted. Participants failing to abide by said rules and regulations shall be removed from the Force membership list and the exemptions of Subsections 7-6.5, 7-6.6 and 7-6.8 of Chapter 7 of the Code of the Borough of Point Pleasant Beach as to municipal parks, Point Pleasant Beach School fields and playgrounds, public areas around the Borough's three lakes, Point Pleasant Beach Little League fields, and other open fields shall be revoked.
f.
The cost of membership in the Point Pleasant Beach Geese Force shall
be ten ($10.00) dollars per dog annually or for any part of a year
payable at the time of registration and/or renewal.
g.
The Dog Warden shall maintain a registry of those participants in
the Point Pleasant Beach Geese Force and shall advise the applicants
of their rights and responsibilities as a member of the Point Pleasant
Beach Geese Patrol. The Borough Dog Warden shall maintain this list
and provide a copy to the Department of Public Works, Police Department,
Borough Clerk and Borough Administrator.
[Ord. #1987-11, § 1]
No more than a combination of four dogs and cats (as defined in Chapter 22) shall be sheltered or kept by any one family group. If any family group possesses more than a combined total of four dogs and cats at the time that this subsection becomes effective, those existing animals shall be exempt from this subsection. This subsection shall not, however, be applicable to a litter of pups or kittens kept or maintained in or upon any property within six calendar months of birth. This subsection shall not be applicable to any duly licensed commercial animal establishments or animal shelter.
[New]
The mayor and council may appoint a dog warden or dog catcher
whose duty it shall be to enforce the provisions of this chapter.
