[2000 Code § 9-1; N.J.S.A. 4:19-15.1]
As used in this chapter:
shall mean any dog, bitch or spayed bitch.
shall mean a dog which has attained the age of seven (7)
months or which possesses a set of permanent teeth.
shall mean any establishment wherein or whereon the business
of boarding or selling dogs or breeding for sale is carried on, except
a pet shop.
when applied to the proprietorship of a dog shall include
every person having a right to property in that dog and every person
who has that dog in his keeping, and when applied to the proprietorship
of any other animal, including, but not limited to, a cat, shall include
every person having a right of property in that animal and every person
who has that animal in his keeping.
shall mean a room or group of rooms, cage or exhibition pen,
not part of a kennel wherein dogs for sale are kept or displayed.
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 attacked or bitten any human
being or which habitually attacks other dogs or domestic animals.
[2000 Code § 9-2.1]
No person shall keep or harbor any dog within the City without
first obtaining a license therefor, to be issued by the City Clerk
upon application by the owner and payment of the prescribed fee. No
person shall keep or harbor any dog in the City except in compliance
with the provisions of this chapter.
Editor's Note: See Section 9-3 for licensing of cats.
[2000 Code § 9-2.2]
Any person who owns a dog of licensing age shall in the month
of January annually apply for and procure from the City Clerk a license
and official registration tag for the dog, and shall place upon the
dog a collar or harness with the registration tag securely fastened
thereto.
[2000 Code § 9-2.3; Ord. No. 2827; Ord. No. 2937; Ord. No. 2015-43; Ord.
No. 2016-47]
The fee for a dog license and registration tag shall be as follows:
a.
Fee Schedule.
|
Spayed/Neutered
|
Non-Spayed/Non-Neutered
| |
|---|---|---|
|
License fee
|
$13.80
|
$13.80
|
|
N.J. Registration
|
$1.00
|
$1.00
|
|
N.J. Pilot Clinic Fund
|
$.20
|
$.20
|
|
N.J. Pet Population Control
|
n/a
|
$3.00
|
|
Total:
|
$15.00
|
$18.00
|
b.
Replacement Tag Fee. A fee of five ($5.00) dollars will be charged
for each replacement tag issued to an already registered dog.
c.
Late Fee. A late fee of ten ($10.00) dollars shall be assessed beginning
March 1 of each year.
d.
Expiration. For each annual renewal, the fee for the license and
for the registration tag shall be the same as for the original license
and tag. The license and registration tags expire on January 31 of
the subsequent year.
[N.J.S.A. 4:19-15.2a]
No Municipal Clerk or other official designated by the Governing
Body shall grant any such 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.
[2000 Code § 9-2.6]
The application for a dog license shall state the breed, sex,
age, color and markings of the dog, 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 keeps or harbors the dog. The information
on the application and the registration number issued for the dog
shall be preserved for a period of three (3) years by the City Clerk.
In addition he/she 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.
[2000 Code §§ 9-2.5; 9-2.7; N.J.S.A. 4:19-15.6]
Licenses shall be required for the following dogs of licensing
age:
a.
Dogs owned and kept within the City 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 City 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 City by any person and kept within
the City for more than ten (10) days.
e.
Any dog licensed by another state, brought into the City by any person
and kept within the City for more than ninety (90) days.
[N.J.S.A. 4:19-15.3]
Only one (1) license and registration tag shall be required
in any licensing year for any dog owned in New Jersey, and the license
and tag issued by any other municipality of this State shall be accepted
by the City as evidence of compliance with this section.
[2000 Code § 9-2.4; N.J.S.A. 4:19-15.3]
Dogs used as guides for blind persons and commonly known as
"seeing eye" dogs, dogs used to assist handicapped persons and commonly
known as "service dogs," or dogs used to assist deaf persons and commonly
known as "hearing ear" 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.
[2000 Code § 9-2.8]
No person, except an officer in the performance of his/her 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.
Editor's Note: Section 9-3 Licensing of Cats was repealed by Ordinance No. 2016-47.
[2000 Code § 9-4.1]
Any person who keeps or operates or proposes to establish a
kennel, a pet shop, a shelter or a pound shall apply to the City Clerk
or such other City Official so authorized for a license entitling
him/her to keep or operate such establishment.
[2000 Code § 9-4.2]
The application shall describe the premises where the establishment
is located or is proposed to be located, the purpose of which it is
to be maintained, and shall be accompanied by the written approval
of the City Clerk or such other City Official so authorized showing
compliance with the local and State rules and regulations governing
location of and sanitation at such establishments.
[2000 Code § 9-4.3]
a.
All licenses issued for a kennel, pet shop, shelter or pound shall
state the purpose for which the establishment is maintained. Such
licenses expire annually on January 31 and are subject to revocation
by the City Council on recommendations of the State Department of
Health or the City Board of Health for failure to comply with the
rules and regulations of the State Department or the City Board of
Health governing the same after the owner has been afforded a hearing
by either the State Department or the City Board of Health.
b.
Any person holding such license shall not be required to secure individual
licenses for dogs owned by such licensees and kept at such establishments.
c.
Such licenses shall not be transferable to another owner or different
premises.
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.
[2000 Code § 9-4.4]
The annual license fee for a kennel providing accommodations
for ten (10) or less dogs is ten ($10.00) dollars and for more than
ten (10) dogs, twenty-five ($25.00) dollars. The annual fee for a
pet shop is ten ($10.00) dollars. No fee shall be charged for a shelter
or pound.
[2000 Code § 9-5; Ord. No. 2811; Ord. No. 2827]
License fees and other moneys collected or received under this
chapter shall be forwarded to the City 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 City and which
account 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-rabies
treatment under the direction of the City Board of Health for any
person known or suspected to be 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 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 City any amount then in such account which is in excess
of the total amount paid into the special account during the last
two (2) fiscal years next preceding.
The registration fee as collected for each dog shall be forwarded
within thirty (30) days after collection by the City Clerk to the
State Department of Health.
[2000 Code § 9-6.1]
The City Clerk or such other City Official so authorized shall
forward to the State Department of Health a list of all kennels, pet
shops, shelters and pounds licensed within thirty (30) days after
the license(s) therefor are issued, which list shall include the name
and address of the licensees and the kind of license issued.
[2000 Code § 9-6.2]
The City Clerk or such other City Official so authorized or
other designated authority shall promptly after February 1 of each
year cause a canvass to be made of all dogs owned, kept, or harbored
within the City and shall report 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 person, the
registration number of each dog and the number of unlicensed dogs
owned, kept, or harbored by each person, and a description of each
unlicensed dog.
[Ord. No. 2786]
There is hereby created in and for the City of Asbury Park the
position of Animal Control Officer. Such position shall be within
the administrative control of the Police Department.
[Ord. No. 2786]
The Animal Control Officer shall be appointed by the City Manager,
and shall serve at the pleasure of the City Manager.
[Ord. No. 2786]
The Animal Control Officer shall be qualified by education and
experience and shall possess, at a minimum, the following requirements
prior to his or her appointment by the City Manager:
a.
The Animal Control Officer shall possess a current and valid certificate
as an Animal Control Officer issued by the New Jersey Department of
Health and Senior Services.
b.
The Animal Control Officer may be required to possess a current and
valid certificate as a Certified Animal Cruelty Investigator issued
by the New Jersey Department of Health and Senior Services.
c.
The Animal Control Officer shall possess a valid New Jersey driver's
license.
d.
The Animal Control Officer shall have at least one (1) year of experience
in animal control.
e.
The Animal Control Officer may be required to complete a course and
obtain a certification in the Chemical Immobilization of Animals,
pursuant to the direction of the Deputy Chief of Police.
The City Manager may waive any of the requirements set forth
above when, in his or her judgment, the best interests of the City
shall be served thereby, except that the City Manager shall not waive
any of the requirements for the position that are mandated by the
New Jersey Department of Personnel (N.J.D.O.P.) for Civil Service
jurisdictions.
[Ord. No. 2786]
The Animal Control Officer shall receive such compensation as
shall be set forth by ordinance of the City Council.
[Ord. No. 2786]
The Animal Control Officer shall perform the following duties:
a.
Enforce all laws and ordinances enacted for the protection of animals,
including but not limited to, animal control, animal welfare and animal
cruelty laws of the State and local ordinances.
b.
Conduct investigations and initiate and prosecute complaints and/or
issue summonses for violations of local or State animal control regulations.
c.
Engage in the apprehension and arrest and detection of offenders
who have validated animal control, animal welfare and animal cruelty
laws of the State as well as local ordinances.
d.
Patrol the City streets and capture and impound stray animals, wild
game, birds, and unlicensed dogs.
e.
Care for and feed animals and observe their physical condition and
behavior.
f.
Contact a veterinarian(s) when necessary for assistance with and
care of animals.
g.
Enforce required rabies control program(s).
h.
Capture and impound animals suspected of being rabid and observe
their physical condition.
i.
Arrange for the destruction of rabid animals in a humane way, and
take their remains to the State Health Clinic or other appropriate
facility, for analysis.
j.
Promote the adoption of animals and arrange for their spaying and
neutering.
k.
Maintain records and files relative to all matters of City business
which involve animal control issues.
l.
Such other responsibilities as may be assigned to him or her by the
City Manager and/or by the Deputy Chief of Police, or which are otherwise
necessary for the discharge or his or her duties or the conduct of
City business.
[Ord. No. 2786]
The Animal Control Officer shall report to, and be under the
supervision and direction of the City Manager and the Deputy Chief
of Police.
[2000 Code § 9-7.3; Ord. No. 2786]
Any official authorized to perform any duty under this chapter
may go upon any premises to seize for impounding any dog which he/she
may lawfully seize and impound when such officer is in immediate pursuit
of such dog, except upon the premises of the owner of the dog if the
owner is present and forbids the same.
[2000 Code § 9-3.8; Ord. No. 2786; N.J.S.A. 4:19-15.16]
a.
Authority. The Animal Control Officer or any Police Officer shall
have the power to take into custody and impound, and thereafter destroy
and dispose of the following:
1.
Any dog off the premises of the owner which the Animal Control Officer
or Police Officer has reason to believe is a stray dog.
2.
Any dog off the premises of the owner without a current registration
tag on its collar.
3.
Any female dog off the premises of the owner.
4.
Any dog as stated in N.J.S.A. 4:19-15.16.
b.
Service of Notice. If any dog 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 Animal
Control Officer or Police Officer shall serve on the person whose
address is given on the collar or on the owner, if known, 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 (7) days
after the service of the notice.
c.
Method of Service. A notice shall be served either by delivering
it to the person on whom it is to be served, or by leaving it as 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/her usual or last known place of abode
or to the address given on the collar.
d.
Disposition and Destruction. When any dog so seized has been detained
for seven (7) days after notice is given or when notice has not been
and cannot be given as set forth above and if the owner has not claimed
the dog and paid all expenses incurred by reason of its detention,
including a charge of five ($5.00) dollars per day for maintenance
during the time the dog is impounded, and if the dog is 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 Police Officer may place the unclaimed
dog in a legitimate home or arrange for the destruction of the dog
in a humane manner causing as little pain as possible.
[2000 Code § 9-9.1]
The portion of the New Jersey Statutes, specifically N.J.S.A.
4:19-17 through 4:19-37, commonly referred to as the vicious or potentially
dangerous dogs statute, as amended and supplemented, are hereby adopted
in entirety by reference.
[2000 Code §§ 9-3.6, 9-9.1; Ord. No. 2786; N.J.S.A. 4:19-16 et seq.]
It shall be the duty of the Animal Control Officer to receive
and investigate complaints against dogs, and when any dog complained
against shall be deemed by the Animal Control Officer to be a potentially
dangerous dog or a vicious dog, he/she shall report the facts to the
Municipal Judge, who shall thereupon cause the owner or person keeping
such dog to be notified in writing of the complaint against such dog,
and give notice to appear before the Judge at a stated time and place.
The Judge shall inquire into the facts and give all interested persons
an opportunity to be heard under oath and to be represented by counsel.
If the Judge decides that such dog complained of is a potentially
dangerous dog or vicious dog, notice of such decision shall be given
to the owner of such dog. All proceedings shall be held in accordance
with State law.
[N.J.S.A. 4:19-24; N.J.S.A. 4:19-31]
a.
POTENTIALLY DANGEROUS DOG
Definition.
[N.J.S.A. 4:19-18]
shall mean any dog or dog hybrid declared potentially dangerous
by a Municipal Court pursuant to the provisions of N.J.S.A. 4:19-23.
b.
Finding to Declare Dog Potentially Dangerous.
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.A. 2C:11-1(a) 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.
c.
Order and Schedule for Compliance for Potentially Dangerous Dog;
Conditions.
1.
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 Municipal Clerk or other
official designated to license dogs pursuant to N.J.S.A. 4:19-15.2,
for a special municipal potentially dangerous dog license, municipal
registration number, and red identification tag issued pursuant to
N.J.S.A. 4:19-30. 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, municipal registration number,
and 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 pursuant to paragraph 3. below;
(3)
To 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 (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 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 (3) feet from the owner and under
the direct supervision of the owner;
(b)
May require the owner to maintain liability insurance in an
amount determined by the Municipal Court to cover any damage or injury
caused by the potentially dangerous dog. The liability insurance,
which may be separate from any other homeowner policy, shall contain
a provision requiring the municipality in which the owner resides
to be named as an additional insured for the sole purpose of being
notified by the insurance company of any cancellation, termination
or expiration of the liability insurance policy.
[N.J.S.A. 4:19-24]
d.
Duties of Owner of Potentially Dangerous Dog.
The owner of a potentially dangerous dog shall:
1.
Comply with the provisions of N.J.S.A. 4:19-17 et seq. in accordance
with a schedule established by the Municipal Court, but in no case
more than sixty (60) days subsequent to the date of determination;
2.
Notify the licensing authority, local Police Department, and the
Animal Control Officer if a potentially dangerous dog is at large,
or has attacked a human being or killed a domestic animal;
3.
Notify the licensing authority, local Police Department, and the
Animal Control Officer within twenty-four (24) hours of the death,
sale or donation of a potentially dangerous dog;
4.
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
5.
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the licensing authority, Police Department, and
Animal Control Officer of that municipality of the transfer of ownership
and the name, address and telephone of the new owner; and
6.
In addition to any license fee required pursuant to section N.J.S.A.
4:19-15.3, pay a potentially dangerous dog license fee to the municipality
as provided by N.J.S.A. 4:19-31.
[N.J.S.A. 4:19-28]
e.
Violations by Owner; Penalties; Enforcement; Seizure and Impoundment
of Dog; Destruction by Order of Court. The owner of a potentially
dangerous dog who is found by clear and convincing evidence to have
violated this act, or any rule or regulation adopted pursuant thereto,
or to have failed to comply with a court's order 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. The Municipal
Court shall have jurisdiction to enforce this section. An Animal Control
Officer is authorized to seize and impound any potentially dangerous
dog whose owner fails to comply with the provisions of N.J.S.A. 4:19-17
et seq., or any rule or regulation adopted pursuant thereto, or a
court's order. The Municipal Court may order that the dog so
seized and impounded be destroyed in an expeditious and humane manner.
[N.J.S.A. 4:19-29]
f.
Potentially Dangerous Dog Registration Number, Red Identification
Tag and License. The Municipality shall:
1.
Issue a potentially dangerous dog registration number and red identification
tag along with a municipal potentially dangerous dog license upon
a demonstration of sufficient evidence by the owner to the Animal
Control Officer that he has complied with the Court's orders.
The last three digits of each potentially dangerous dog registration
number issued by the municipality will be the three number code assigned
to the municipality in the regulations promulgated pursuant to N.J.S.A.
4:19-33. The Animal Control Officer shall verify, in writing, compliance
to the Municipal Clerk or other official designated to license dogs
in the municipality;
2.
Publicize a telephone number for reporting violations of this section
and N.J.S.A. 4:19-17 et seq.
[N.J.S.A. 4:19-30]
g.
Potentially Dangerous Dog License Required; Fee. The owner or keeper
of any dog declared to be potentially dangerous shall obtain a license
from the municipality and pay an annual fee of one hundred fifty ($150.00)
dollars. The license shall be issued according to the provisions of
N.J.S.A. 4:19-30.
[N.J.S.A. 4:19-22]
a.
VICIOUS DOG
Definition.
[N.J.S.A. 4:19-18]
shall mean any dog or dog hybrid declared vicious by a Municipal
Court pursuant to N.J.S.A. 4:19-22.
b.
Findings to Declare Dog Vicious; Grounds.
1.
The Municipal Court shall declare the dog vicious if it finds by
clear and convincing evidence that the dog:
2.
A dog shall not be declared vicious for inflicting death or serious
bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the
dog was provoked. The municipality shall bear the burden of proof
to demonstrate that the dog was not provoked.
3.
If the Municipal Court declares a dog to be vicious, and no appeal
is made of this ruling pursuant to section N.J.S.A. 4:19-25, the dog
shall be destroyed in a humane and expeditious manner, except that
no dog may be destroyed during the pendency of an appeal.
[2000 Code § 9-3.1]
No person shall own, keep, harbor or maintain any dog which
habitually barks or cries so as to disturb the public peace.
[2000 Code § 9-3.2]
No owner of any dog shall permit this dog to run at large upon
the public streets or in any public park or in any public building
or in any other public place within the City.
[2000 Code § 9-3.3]
No owner of any dog shall permit it to be upon the public streets
or in any public place within the City unless the 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.
[2000 Code § 9-3.4]
No owner of a dog shall permit it to do any injury or to do
any damage to any lawn, shrubbery, flowers, grounds or 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 on the property of persons other than the owner or person
having the care, custody or control of such dog.
[2000 Code § 9-3.5]
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, benches
or beachfront in this City, or upon any public property whatsoever,
or upon any private property without the permission of the owner of
the private property in the last instance. If any such person shall
permit such dog to soil, defile, defecate on or commit any nuisance
on the areas aforesaid, he or she shall immediately remove all feces
and droppings deposited by such 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 the person in a sanitary manner.
[Ord. No. 2805 § 9-10.2]
This section shall establish requirements for the proper disposal
of pet solid waste in the City of Asbury Park, so as to protect public
health, safety and welfare, and to prescribe penalties for failure
to comply.
[Ord. No. 2805 § 9-10.3]
For the purpose of this section:
shall mean that the pet solid waste is removed at once, without
delay.
shall mean 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.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
shall mean waste matter expelled from the bowels of the pet,
also known as "excrement."
shall mean 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. 2805 § 9-10.4]
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. 2805 § 9-10.5]
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. 2805 § 9-10.6]
This section shall be enforced by the City of Asbury Park Police
Department or any other department as designated by the City Manager
or City Council.
[Ord. No. 2805 § 9-10.7]
a.
Maximum Penalty. For violation of any provision of this section,
unless a specific penalty is otherwise provided in connection with
the provision violated, the maximum penalty upon conviction of the
violation shall be by one (1) or more of the following: imprisonment
in the County Jail or in any place provided by the municipality for
the detention of prisoners, for any term not exceeding ninety (90)
days; or by a fine not exceeding one thousand ($1,000.00) dollars;
or by a period of community service not exceeding ninety (90) days.
b.
Minimum Penalty. The City Council hereby prescribes that for the
violation of any provision of this section, unless a specific penalty
is otherwise provided in connection with the provision violated, a
minimum penalty shall be imposed which shall consist of a fine of
one hundred ($100.00) dollars. The Court before which any person is
convicted of violating this section shall have power to impose any
fine, term of punishment, or period of community service not less
than the minimum and not exceeding the maximum fixed in this section.
[Ord. No. 2804 § 9-11.2]
This section shall prohibit the feeding of unconfined wildlife
in any public park or on any other property owned or operated by the
City of Asbury Park, so as to protect public health, safety and welfare,
and to prescribe penalties for failure to comply. This prohibition
helps prevent nutrients, organic pollutants, and pathogens associated
with wildlife fecal matter from entering local water bodies, as well
as preventing overgrazing, which can lead to erosion. Feeding attracts
wildlife in unnatural number, beyond food and water supplies. This
overcrowding often results in overgrazing which can lease to erosion,
which can result in excess amounts of sediment getting into the City's
waters. Excess nutrients from fecal matter in ponds and other waterways
caused by unnatural numbers of wildlife can result in water quality
problems such as summer algal blooms.
[Ord. No. 2804 § 9-11.3]
For the purpose of 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.
Wildlife includes waterfowl, bears, deer, and pigeons, among other
animals.
[Ord. No. 2804 § 9-11.4]
No person shall feed, in any public park or on any other property
owned or operated by City of Asbury Park, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
[Ord. No. 2804 § 9-11.5]
This section shall be enforced by the City of Asbury Park Police
Department or any other department as designated by the City Manager
or City Council.
[Ord. No. 2804 § 9-11.6]
a.
Maximum Penalty. For violation of any provision of this section unless
a specific penalty is otherwise provided in connection with the provision
violated, the maximum penalty upon conviction of the violation shall
be by one (1) or more of the following: imprisonment in the County
Jail or in any place provided by the municipality for the detention
of prisoners, for any term not exceeding ninety (90) days; or by a
fine not exceeding one thousand ($1,000.00) dollars; or by a period
of community service not exceeding ninety (90) days.
b.
Minimum Penalty. The City Council hereby prescribes that for the
violation of any provision of this section, unless a specific penalty
is otherwise provided in connection with the provision violated, a
minimum penalty shall be imposed which shall consist of a fine of
one hundred ($100.00) dollars. The Court before which any person is
convicted of violating this section shall have power to impose any
fine, term of punishment, or period of community service not less
than the minimum and not exceeding the maximum fixed in this section.
[Ord. No. 2786 § 9-3.10]
All Police Officers of the City of Asbury Park, regular and
special, and the Animal Control Officer, are hereby given authority
and are charged with the duty of enforcing this chapter.
[Ord. No. 2786 § 9-3.9]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[2000 Code § 9-8; Ord. No. 2786 § 9-8; N.J.S.A. 4:19-15.19]
Any person who violates or who fails or refuses to comply with
N.J.S.A. 4:19-15.2, Dogs; license and metal registration tag required;
placing tag on dog, N.J.S.A. 4:19-15.4, Time for applying for license;
N.J.S.A. 4:19-15.6, Dogs brought into State; N.J.S.A. 4:19-15.7, Removing
tag from dog without owner's consent; attaching tag to another
dog; N.J.S.A. 4:19-15.8, License for Kennel, pet shop, shelter or
pound; N.J.S.A. 4:19-15.10, Kennels, pet shops, shelters or pounds;
permitting dogs to go off premises; and N.J.S.A. 4:19-15.18, Interfering
with persons performing duties under act, or the rules and regulations
promulgated by the State Department of Health pursuant to N.J.S.A.
4:19-15.14, shall be liable to a penalty of fifty ($50.00) dollars
for each offense.
Any person who violates any provision of this section for which no other penalty is established shall be liable, upon conviction, to the penalty established in Chapter I, Section 1-5.
