[Ord. 1/27/42 § 1; N.J.S.A. 4:19-18 et seq.]
As used in this chapter:
DOG
shall mean any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
shall mean any dog which has attained the age of seven (7) months or which possesses a set of permanent teeth.
KEEPER
shall mean any person exercising control over a dog or permitting a dog to remain on premises under his control.
KENNEL
shall mean any establishment where the business of boarding, selling or breeding dogs for sale is carried on, except a pet shop.
OWNER
when applied to the proprietorship of a dog shall mean and include every person having a right of property in the dog and every person who has a dog in his keeping.
PET SHOP
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.
POUND
shall mean an establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
SHELTER
shall mean any establishment where dogs are received, housed and distributed without charge.
VICIOUS DOG
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:
1. 
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-haired or short-haired variety.
2. 
Name, street, post office address and phone number of the owner of, and of the person who shall keep or harbor the dog.
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 § 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.
e. 
Any dog which has been determined to be a vicious dog as provided in Section 5-6, provided that if the dog cannot be seized with safety, it may be killed.
[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. 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:
FEED
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.
PERSON
shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
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]
a. 
This section shall be enforced by the Police Department and/or other Municipal Officials of the Borough of Allenhurst.
b. 
Any person found to be in violation of this section shall be ordered to cease the feeding immediately.
[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:
1. 
First offense—two hundred fifty ($250.00) dollars.
2. 
Second offense—five hundred ($500.00) dollars.
3. 
Third and subsequent offenses—one thousand ($1,000.00) dollars or imprisonment for a period not exceeding ninety (90) days or both, in the discretion of the Court.
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.