[Ord. 1/27/42 § 1; N.J.S.A. 4:19-18 et seq.]
As used in this chapter:
shall mean any dog, bitch or spayed bitch.
shall mean any dog which has attained the age of seven (7)
months or which possesses a set of permanent teeth.
shall mean any person exercising control over a dog or permitting
a dog to remain on premises under his control.
shall mean any establishment where the business of boarding,
selling 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 the dog and every
person who has a dog in his keeping.
shall mean any room or group of rooms, cage or exhibition
pen, not part of a kennel, where dogs are kept or displayed for sale.
shall mean an establishment for the confinement of dogs seized
either under the provisions of this chapter or otherwise.
shall mean any establishment where dogs are received, housed
and distributed without charge.
shall mean any dog which has been declared by the Judge of
the Municipal Court to be a vicious dog pursuant to N.J.S.A. 4:19-18
et seq.
[Ord. 1/27/42 §§ 2,3,5 and 7]
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 January 1 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 (10) 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 Borough for more than ten (10) days.
e.
Any dog licensed by another State brought into the Borough by any
person and kept within the Borough for more than ninety (90) days.
[Ord. 1/27/42 §§ 4,6; Ord.
No. 2010-11 § 1]
See Section 5-8, Rabies Vaccination, for requirements regarding rabies vaccination certificates as a requirement for licensing.
a.
Each application for a license under this chapter shall give the
following information:
b.
Registration numbers shall be issued in the order in which applications
are received.
c.
Applications for licenses for dogs which are required to be licensed by the provisions of paragraph a. of subsection 5-2.1, shall be made before February 1 of each calendar year. In all other cases, the application for a license shall be made at the time the dog in question first becomes subject to the provisions of this section.
[Ord. 1/27/42 § 6]
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 (3) years by the Borough Clerk. In addition,
he shall forward similar information to the State Department of Health
each month on forms furnished by the Department.
[Ord. 1/27/42 § 4; Ord. 11/14/78 § 1;
Ord. 2/9/82 § 1; New; Ord. No. 2010-11 § 1]
a.
The person applying for a license or renewal of a license for each
neutered or spayed dog shall pay for each dog, a fee of fifteen ($15.00)
dollars, plus one ($1.00) dollar fee for the registration and a twenty
($.20) cent Pilot Clinic Fee (PCF) totaling fifteen ($15.00) dollars.
In addition, owners of non-spayed or non-neutered dogs of reproductive
age shall pay an additional three ($3.00) dollar fee to the "Animal
Population Control Fund" (APCF). Owners presenting a statement signed
by a veterinarian or a notarized statement signed personally certifying
that their dog has been sterilized, are exempt from the three ($3.00)
dollar fee. The fee for a non-spayed or non-neutered dog shall be
eleven dollars and twenty ($11.20) cents.
[Ord. 1/27/42 § 4]
Each dog license and registration tag shall expire on January
31 of the calendar year following the calendar year in which it was
issued.
[Ord. 1/27/42 § 4]
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 or keeper shall not be required to pay any fee.
[Ord. 1/27/42 § 14; Ord. No. 2010-11 § 1]
The Borough Chief of Police shall 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 Board of Health and the
State Department of Health the results thereof, setting forth in separate
columns the names, addresses and phone numbers of persons owning,
keeping or harboring dogs, the number of licensed dogs owned, kept
or harbored by each person, together with the registration number
of each dog; the number of unlicensed dogs owned, kept or harbored
by each person, together with a complete description of each unlicensed
dog.
[New]
No person shall own, keep or harbor a dog in the Borough except
in compliance with the provisions of this chapter and the following
regulations.
[New]
All dogs which are required by the provisions of this chapter
to be licensed shall wear a collar or harness with the registration
tag for the dog securely fastened thereto.
[New]
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. 1/27/42 § 18]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[Ord. 1/27/42 § 19; Ord. No. 2004-09 § 1]
No person shall own, keep, harbor or maintain any dog which
habitually barks or cries between the hours of 10:00 p.m. and 8:00
a.m.
[Ord. 1/27/42 § 20; Ord. No. 99-04, § I]
No person owning, keeping or harboring any dog shall suffer
or permit it to run at large upon the public streets or in any public
park, public building or other public place within the Borough of
Allenhurst with the following exception. During the period commencing
on October 1st of each calendar year and terminating on May 1st of
the ensuing calendar year, a person may permit a properly licensed
dog to run, unleashed, along the Borough's beach front while
the person is present. This does not include the boardwalk or other
beach club property.
[Ord. 1/27/42 § 21]
No person owning, keeping or harboring any dog shall suffer
or permit it to be upon the public streets or in any of the public
places of the Borough unless such dog is accompanied by a person over
the age of twelve (12) years and is securely confined and controlled
by an adequate leash not more than six (6) feet long.
[Ord. 1/27/42 § 23; Ord. No. 90-16 § 1; Ord. No. 96-16 § 1]
a.
Damage to Lawns, Shrubbery or Property Prohibited. No person owning,
keeping or harboring a dog shall permit or suffer it to do any injury
or to do any damage to any lawn, shrubbery, flowers, grounds or property.
b.
Clean-up and Removal of Feces Required. (For penalty for violation of this "pooper-scooper" provision, see Section 5-10, Violations and Penalties, paragraph c.) No person owning, harboring, keeping, walking or in charge of any dog shall cause, suffer, permit, allow such dog to soil, defile, defecate on or commit any other nuisance on any play area, park, beach, boardwalk, or any other public or private property whatsoever. If any such person shall permit such dog to soil, defile, defecate on or commit any nuisance in the areas aforesaid, he or she shall immediately remove and properly dispose of all feces and droppings deposited by said dog which removal shall be in a sanitary manner by shovel, container, disposal bag or such other sanitary means. Disposal of said feces and droppings into a storm drainage outlet is strictly prohibited.
c.
Exemption for Blind Persons. No blind person in charge of a guide
dog shall be subject to the provisions of paragraph b. above.
[Ord. 1/27/42 § 16]
The Police Department 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 of the person keeping or
harboring the dog which the dog warden or his agent has reason to
believe is a stray dog.
c.
Any dog off the premises of the owner or of the person keeping or
harboring the 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 the dog.
[Ord. 1/27/42 § 17]
Any officer or agent authorized or empowered to perform any
duty under this chapter is hereby authorized to go on any premises
to seize for impounding any dog which he may lawfully seize and impound
when the officer is in immediate pursuit of the dog, except on the
premises of the owner of the dog if the owner is present and forbids
it.
[Ord. 1/27/42 § 16]
a.
If any dog so impounded or seized wears a registration tag, collar
or harness showing the name and address of any person, or if the owner
of or the person keeping or harboring the dog is known, the person
shall be immediately served, whose address is given on the collar,
or on the person owning, keeping or harboring the dog, a written notice
stating that the dog has been seized and will be liable to be disposed
of or destroyed if not claimed within seven (7) days after service
of the notice.
b.
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.
[Ord. 1/27/42 § 16]
The Police Department 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 so seized has not been claimed by the person owning,
keeping or harboring the dog within seven (7) days after notice or
within seven (7) days of the dog's detention when notice has
not been or cannot be given, as set forth in the previous subsection.
b.
If the person owning, keeping or harboring any dog so seized has
not claimed the dog and has not paid all expenses incurred by reason
of its detention, including maintenance, not to exceed one ($1.00)
dollar per day.
[N.J.S.A. 4:19-16 et seq.]
The Municipal Court may declare a dog potentially dangerous
or vicious pursuant to the provisions of N.J.S.A. 4:19-16 et seq.
[N.J.S.A. 26:4-78 et seq.; N.J.S.A. 4:19-1 et seq.; New]
Where it has been determined that a person has been bitten by
a dog, the individual, or his parent or guardian if he is a minor,
or the treating physician shall immediately notify the Police or the
Health Officer of the Borough. When the owner or keeper of any dog
is notified by the Police that the dog has bitten any individual,
the owner or keeper of the dog shall comply with the following procedures:
a.
Have
the dog examined by a licensed veterinarian within twelve (12) hours.
b.
Have
the dog kept in quarantine in the owner's home or at a kennel
for a period of ten (10) days.
c.
At
the end of the ten (10) days have the dog re-examined by a veterinarian
and a written report of the dog's state of health sent to the
Board of Health.
[New; N.J.S.A. 4:19-15.2a]
No person shall own, possess, harbor or have in custody any
dog within the Borough over six (6) months of age unless it has been
vaccinated against rabies by a duly licensed veterinarian. No Municipal
Clerk or other official designated by the Board shall grant any dog
license and official metal registration tag for any dog unless the
owner thereof provides evidence that the dog 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 Health, Education, and Welfare, or has been certified exempt as
provided by regulations of the State Department of Health. Such vaccination
shall be repeated at intervals as provided by regulations of the State
Department of Health, and shall be administered by a duly licensed
veterinarian or by such other veterinarian permitted by law to do
the same. The State Department of Health shall promulgate regulations
providing for the recognized duration of immunity, interval of inoculation,
certificate of vaccination, certificate of exemption, and such other
matters related to this act.
[New]
a.
Delivered to Borough Clerk. Any person owning, possessing, harboring
or having custody of any dog shall obtain from the veterinarian who
vaccinates the dog against rabies a certificate supplied by the Health
Officer or on a standard immunization certificate in use by the licensed
veterinarian, and shall within ten (10) days of each vaccination or
within ten (10) days after bringing the dog into the Borough, if the
dog was vaccinated before being brought into the Borough, deliver
the certificate to the Borough Clerk's office, who shall file
it with the records of the Health Officer.
b.
Required Before Issuance of License. No license required for the
owning and keeping of dogs by virtue of any law of the State or the
Borough shall be issued to any person unless a certificate issued
by a duly licensed veterinarian is presented to and filed with the
Borough Clerk showing that the dog has been vaccinated against rabies.
The certificate shall indicate that the vaccination has been made
within four (4) months from the date of the filing of the application
for a license.
[New]
The Health Officer is authorized and empowered to provide free
vaccination of dogs at a suitable clinic or place designated by him
to be conducted by a licensed veterinarian of the State of New Jersey.
He is further authorized to make and adopt such rules and regulations
not inconsistent with the terms and provisions of this section as
he may deem necessary and proper for the enforcement of this section.
[Ord. 1/27/42 § 11]
License fees and other moneys collected or received under the
provisions of this chapter, except registration tag fees, shall be
forwarded to the Borough Treasurer within thirty (30) days after collection
or receipt and shall be placed in a special account separate from
any of the other accounts of the Borough. The moneys shall be used
for the following purposes only: collecting, keeping and disposing
of dogs liable to seizure under this chapter; local prevention and
control of rabies; anti-rabies treatment under the direction of the
local Board of Health for any person known to have been or suspected
of having been exposed to rabies; all other purposes prescribed by
the statutes of New Jersey governing the subject; and the administration
of the provisions of this chapter. Any unexpended balance remaining
in the 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 section. At the end of the third fiscal year following,
and at the end of each fiscal year thereafter, there shall be transferred
from the special account to the general funds of the Borough any amount
then in the account which is in excess of the total amount paid in
during the last two (2) fiscal years next preceding.
[Ord. No. 2006-05 § 1]
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 of Allenhurst, so as to protect public health, safety
and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 2006-05 § 2]
As used in this section:
shall mean 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.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean all animals that are neither human nor domesticated.
[Ord. No. 2006-05 § 3]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Allenhurst, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
[Ord. No. 2006-05 § 4]
[Ord. No. 2006-05 § V]
Any person(s) who is found to be in violation of the provisions
of this section shall, upon conviction, be subject to a fine not to
exceed one thousand ($1,000.00) dollars.
[Ord. No. 88-19 § 1; Ord. No. 99-14 § 1; Ord. No. 2010-11 § 1]
Unless another penalty is established by law:
a.
Any person who violates or refuses to comply with any part of Sections 5-2 and 5-4 and 5-8 of this chapter, or with the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments, shall be liable to a penalty of not less than twenty-five ($25.00) dollars nor more than five hundred ($500.00) dollars for each offense, to be recovered by and in the name of the Borough. A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto shall be committed by the Court to the County Jail for a period not exceeding ten (10) days in the case of a first conviction, and in the case of a conviction for a second, subsequent or continuing violation, for a period not exceeding sixty (60) days.
b.
Any person who violates or refuses to comply with any part of Section 5-8, except subsection 5-8.3 of this chapter shall be subject to a fine of not less than twenty-five ($25.00) dollars nor more than five hundred ($500.00) dollars, or to imprisonment for a period not exceeding sixty (60) days, or to both, in the discretion of the Court.
c.
Any person who violates or refuses to comply with any part of subsection 5-4.7, commonly known as the "Pooper-Scooper" provisions of this chapter shall be subject to fines in accordance with the following schedule:
d.
No Allenhurst Police Officer may act as the complaining witness on a summons for a violation of subsection 5-4.5 unless that officer has first attempted to contact the dog owner by telephone and to notify the owner that their dog is loose and thereafter given the owner fifteen (15) minutes to leash or otherwise secure the dog.
