[HISTORY: Adopted by the Township Committee of the Township
of Union (now Barnegat) 9-9-76 by Ord. No. 1976-24. Amendments noted where applicable.]
[Added 3-17-80 by Ord. No. 1980-61
A. Definitions. The words hereinafter defined shall have the meanings
indicated, for the purposes of this ordinance, as follows:
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven (7) months or
which possesses a set of permanent teeth.
KENNEL
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
OWNER
When applied to the proprietorship of a dog, every person
having a right of property in such dog and every person who has such
dog in his keeping.
PERSON
An individual, firm, partnership, corporation or association
of persons.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
POUND
An establishment for the confinement of dogs seized either
under the provisions of this ordinance or otherwise.
PROVOKED
Excited, stimulated or aroused to react to bite.
SHELTER
Any establishment where dogs are received, housed and distributed
without charge.
TOWNSHIP
The Township of Barnegat in the County of Ocean.
UNPROVOKED
The dog engaged in biting without having been excited, stimulated
or provoked.
[Added 3-17-80 by Ord. No. 1980-6]
B. Word usage.
(1) The words "and" and "or" may be used interchangeably and either of
the two (2) may be applicable, whichever is more conducive towards
effectuating this ordinance.
(2) Personal pronouns shall mean either the singular or the plural, whichever
is applicable and conducive towards effectuating this ordinance.
(3) The masculine, feminine or neuter gender shall be implied, whichever
is appropriate and conducive for effectuating this ordinance.
A. Any person residing in the Township of Barnegat who shall own, keep
or harbor a dog of licensing age shall, in the month of January, apply
for and procure from the Township Clerk a license and official metal
registration tag for each such dog so owned, kept or harbored, and
shall place upon each such dog a collar or harness with the registration
tag securely fastened thereto; provided, however, that in the event
such a dog shall be newly acquired, or in the event that after acquisition
a dog shall attain licensing age, the initial application for the
license and registration tag shall be made within ten (10) days after
such acquisition or age attainment.
[Amended 2-7-83 by Ord. No. 1983-2]
B. Any person who shall bring or cause to be brought into the Township
any dog licensed in another state for the current year and bearing
a registration tag, and shall keep the same or permit the same to
be kept within the Township for a period of more than ninety (90)
days, shall immediately apply for a license and registration tag for
each such dog, unless such dog is licensed under a kennel, pet shop,
shelter or pound license issued according to law.
C. Any person who shall bring or cause to be brought into the Township
from another state any unlicensed dog and shall keep same or permit
the same to be kept within the Township for a period of more than
ten (10) days shall immediately apply for a license and registration
for each such dog, unless such dog is licensed under a kennel, pet
shop, shelter or pound license issued according to law.
D. The Township Clerk will be responsible for the annual issuance of
a registration tag for each of the years that the three-year license
is in effect.
[Added 3-17-80 by Ord. No. 1980-6; amended 2-7-83 by Ord. No. 1983-2]
[Amended 3-17-80 by Ord. No. 1980-6; 4-4-2017 by Ord. No.
2017-10]
No license or official metal registration tag shall be issued
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.
A. Fees.
[Amended 3-17-80 by Ord. No. 1980-6; 10-19-81 by Ord. No. 1971-37; 12-3-84 by Ord. No. 1984-30;
8-18-08 by Ord. No. 2008-26; 4-4-2017 by Ord. No. 2017-10]
(1) One-year license. The persons applying for the license and registration
tag shall pay a fee of ten dollars and eighty cents ($10.80) for the
license and the sum of one dollar ($1.00) for the registration tag
for each dog; and for each annual renewal, the fee for the license
and for the registration tag shall be the same as for the original
license and tag. Said licenses, registration tags and renewals thereof
shall expire on January 31 in each year. Additionally there shall
be a twenty cent ($.20) assessment for a pilot clinic as required
by the State of New Jersey and an additional charge of three dollars
($3.00) for each dog that is neither spayed nor neutered. These additional
fees are assessed by the State of New Jersey and in the event they
are increased the license fee shall be increased accordingly. With
the passage of this subsection the fees shall be twelve dollars ($12.00)
if the dog is spayed or neutered and fifteen dollars ($15.00) if they
are not.
(a)
The sum to be paid annually for a potentially dangerous dog
license and for each renewal thereof within the Township of Barnegat
shall be the sum of seven hundred dollars ($700.00) per animal per
year which fee shall be retained by Barnegat Township and deposited
in a special account used to pay for the enforcement and administration
of P.L. 1989, C. 307.
[Added 7-1-91 by Ord. No. 1991-32; amended 4-4-2017 by Ord. No. 2017-10]
B. No fee for license or registration tag shall be required in any licensing
year for any dog for which a license and registration tag for such
year has been issued by any other municipality in New Jersey.
[Amended 4-4-2017 by Ord. No. 2017-10]
C. Dogs used as guides for blind persons and commonly known as "Seeing
Eye" dogs shall be licensed and registered as other dogs, except that
the owner or keeper of such dog shall not be required to pay any fee
therefor.
D. License forms and uniform metal registration tags designed by the
State Department of Health shall be furnished by the Township and
shall be numbered serially and shall bear the year of issuance and
the name of the Township.
[Amended 3-17-80 by Ord. No. 1980-6]
The application shall state the breed, sex, age, color and markings
of the dog for which the license and registration are sought, whether
such dog is of a long- or short-haired variety and the name, street
and post office address of the owner and the person who shall keep
or harbor such dog. The information on said application and registration
number issued for the dog shall be preserved for a period of three
(3) years by the Secretary of the Board of Health of the Township.
In addition, he shall forward similar information to the State Department
of Health each month, in forms furnished by said Department. The report
for three-year licenses shall be submitted on separate forms, one
(1) form for each year covered by the licenses issued. Registration
numbers shall be issued in the order of the applications.
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.
A. Any person who keeps or operates or proposes to establish a kennel,
pet shop, shelter or pound shall apply to the Secretary of the Board
of Health of the Township for a license entitling him to keep or operate
such establishment.
B. The application shall describe the premises where the establishment
is located or is proposed to be located and the purpose or purposes
for which it is to be maintained, and shall be accompanied by the
written approval of the Health Officer of the Board of Health of the
Township, showing compliance with the local and state rules and regulations
governing location of and sanitation at such establishments.
C. All licenses issued for a kennel, pet shop, shelter or pound shall
state the purpose for which the establishment is maintained, and all
such licenses shall expire on the last day of January of each year
and shall be subject to revocation by the Township Committee on recommendations
of the State Department of Health or the Board of Health of the Township
for failure to comply with the rules and regulations of the State
Department of Health or the Board of Health of the Township governing
the same, after the owner has been afforded a hearing by either the
State Department of Health or the Board of Health of the Township.
D. Any person holding such license shall not be required to secure individual
licenses for dogs owned by such licensee and kept at such establishments.
Such licenses shall not be transferable to another owner or different
premises.
[Amended 4-4-2017 by Ord.
No. 2017-10]
The annual license fee for kennel providing accommodations for
ten (10) or less dogs shall be twenty-five dollars ($25) and for more
than ten (10) dogs, fifty dollars ($50). The annual fee for a pet
shop shall be one hundred dollars ($100). No fee shall be charged
for a shelter or pound.
No dog kept in a kennel, pet shop, shelter or pound shall be
permitted off such premises except on a leash or in a crate or other
safe control.
A. License fees and other moneys collected or received under the provisions
of this ordinance, except registration tag fees, shall be forwarded
to the Treasurer of the Township 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 Township and which shall be used
for the following purposes only: for collecting, keeping and disposing
of dogs liable to seizure under this ordinance; for local prevention
and control of rabies; for providing antirabic treatment under the
direction of the local Board of Health for any person known or suspected
to have been exposed to rabies; for all other purposes prescribed
by the statutes of New Jersey governing the subject; and for administering
the provisions of this ordinance. Fees collected for a three-year
license will be credited to the years for which the three-year license
is issued. 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 subsection.
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 Township any amount then in such
account which is in excess of the total amount paid into said special
account during the last two (2) fiscal years next preceding.
[Amended 3-17-80 by Ord. No. 1980.6]
B. The registration tag fee of one dollar and twenty cents ($1.20) for
each tag shall be forwarded, within thirty (30) days after collection
by the Secretary of the Board of Health, to the State Department of
Health.
[Amended 4-4-2017 by Ord.
No. 2017-10]
The Secretary of the Board of Health of the Township 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 licenses
therefor are issued, which list shall include the names and addresses
of the licensees and the kind of licenses issued.
[Amended 2-7-83 by Ord. No. 1983-2]
The Township Clerk be and hereby is appointed to annually cause
a canvass to be made of all dogs owned, kept and harbored within the
limits of the Township, and he shall report, on or before May 1, to
the State Board of Health, the result thereof, setting forth in separate
columns the names and addresses of persons owning, keeping or harboring
unlicensed dogs, the number of unlicensed dogs owned, kept or harbored
by each of said persons, together with a complete description of each
of said unlicensed dogs.
A. The Township Committee, or its duly authorized animal warden, may
take into custody and impound and thereafter destroy or dispose of
any dog as hereinafter provided. Additionally, the Township Committee
is authorized to enter into an agreement with a humane society or
other similar association not organized for procuring profit, which
society or association shall take into custody and impound and thereafter
destroy or dispose of as provided in this section:
[Amended 7-7-80 by Ord. No. 1980-22]
(1) Any dog off the premises of the owner or of the person keeping or
harboring said dog which said official or his agent or agents have
reason to believe is a stray dog.
(2) Any dog off the premises of the owner or of the person keeping or
harboring said dog without a current registration tag on his collar.
(3) Any female dog in season off the premises of the owner or of the
person keeping or harboring said dog.
B. 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 if the owner or the person keeping or harboring said dog is
known, said society or association shall forthwith serve on the person
whose address is given on the collar, or on the owner or the person
keeping or harboring said dog, 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. A notice under this section 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 post 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.
C. When any dog so seized has been detained for seven (7) days after
notice, when notice can be given as set forth above, or has been detained
for seven (7) days after seizure when no notice has been given as
above set forth, and if the owner or person keeping or harboring said
dog has not claimed said dog and paid all expenses incurred by reason
of its detention and if the dog was unlicensed at the time of the
seizure and the owner or person keeping or harboring said dog has
not produced a license and registration tag for said dog, the Township
or said society or association may cause the dog to be destroyed in
a manner causing as little pain as possible. No dog or other animal
so caught and detained or procured, obtained, sent or brought to a
pound or shelter shall be sold or otherwise made available for the
purpose of experimentation.
[Amended 7-7-80 by Ord. No. 1980-22]
D. Any person may redeem his dog and/or domestic or exotic animal from
the Township Animal Control Officer upon payment to said Animal Control
Officer the sum as agreed upon in current agreement.
[Amended 4-4-2017 by Ord.
No. 2017-10]
E. (Reserved)
[Deleted 4-4-2017 by Ord. No. 2017-10]
Any officer or agent authorized or empowered to perform any
duty under this ordinance is hereby authorized to go upon any premises
to seize for impounding any dog or dogs which he may lawfully seize
and impound when such officer is in immediate pursuit of such dog
or dogs, except upon the premises of the owner of the dog if said
owner is present and forbids the same.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this ordinance.
No person who owns, keeps or harbors any dog shall suffer or
permit such dog to bark, howl or cry habitually in such manner as
to constitute a nuisance, or to bite or molest any person, or to chase
any vehicle upon a public street, or to injure or damage any lawn,
shrubbery, flowers, grounds or any property of any person other than
its master's, or to behave in any way so as to endanger persons or
property.
[Amended 7-7-80 by Ord. No. 1980-22; 4-4-17 by Ord. No. 2017-10]
A. No person who owns, keeps or harbors any dog shall suffer or permit
such dog to be out of doors unless accompanied by and under the control
of a responsible person or unless confined within a secure enclosure
on its master's property.
B. Any resident of the Township of Barnegat may obtain from the Township
Animal Control Officer, animal cages for the catching and restraining
of animals when said cages are available, pursuant to the Township's
current Animal Control Contract.
[Amended 5-5-97 by Ord. No. 1997-13; 4-4-2017 by Ord. No.
2017-10]
C. No person keeping, harboring or in charge of any dog, cat or other
animal shall cause, suffer or allow such dog, cat or other animal
to soil, defile, deface or defecate on, or commit any nuisance on
any public or private property, including but not limited to any common
thoroughfare, sidewalk, passageway, by-path, play area, park or any
place where people congregate or walk. The aforesaid restrictions
shall apply to those persons who shall comply with the following:
[Added 5-5-97 by Ord. No. 1997-13]
(1) The person in charge of such dog, cat or other animal who is in violation
of this act shall immediately remove all feces deposited by such animal
in a sanitary method approved by the Board of Health.
(2) The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring, keeping or in charge
of any dog, cat or other animal.
(3) Pet walking on all Township recreational fields is prohibited.
[Added 4-4-2017 by Ord.
No. 2017-10]
(4) Any person violating paragraph C(1)(2) or (3) of this section shall
be subject to a fine not to exceed one hundred dollars ($100.).
[Added 4-4-2017 by Ord.
No. 2017-10]
No person who owns, keeps or harbors any dog shall suffer or
permit such dog to be in or upon:
A. Any private property without the consent of the owner of such property.
B. Any public school property.
C. Any recreational field.
[Added 4-4-2017 by Ord.
No. 2017-10]
D. Any public park unless accompanied by and under the control of a
responsible person in accordance with regulations promulgated by the
public authority having jurisdiction thereof.
[Amended 4-4-2017 by Ord.
No. 2017-10]
No person who owns, keeps or harbors any female dog shall suffer
or permit such dog, while in season, to be outdoors; nor shall any
such person suffer or permit such dog, while in season, to be within
the Township except in a duly licensed kennel or animal hospital after
being given written notice by the Secretary of the Board of Health
ordering the removal of such dog or its confinement in such kennel
or animal hospital. Such notice may be given whenever the Secretary
of the Board of Health shall determine that such dog constitutes a
nuisance.
[Prior § 44-20, Restraint of dogs after biting
offense, was repealed 8-1-2023 by Ord. No. 2023-25.]
[Prior § 44-21, Removal of dogs after two biting
offenses, was repealed 8-1-2023 by Ord. No. 2023-25. History includes Ord. No. 1980-6.]
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 Township of Barnegat 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.
A. No person owning, keeping or harboring any dog over the age of two
(2) months shall, during the months of July, August and September
in each year, permit it upon a public highway or outside of the premises
occupied by said owner, unless such dog wears a muzzle securely fastened
over its jaws in such a manner that it cannot bite.
B. The Township Committee may also designate any other times during
which dogs outside the premises shall be muzzled, such designation
to be by publication at least three (3) times in a newspaper in which
legal notices of the Township may be published; and, after such publication,
no person owning, keeping or harboring a dog shall permit it upon
a public highway, public place or outside the premises occupied by
the owner during the period designated, unless such dog wears a muzzle
securely fastened over its jaws in such a manner that it cannot bite.
Any person who violates or who fails or refuses to comply with §
44-2,
44-6,
44-7,
44-9 or
44-15 of this ordinance or the rules and regulations promulgated by the State Department of Health shall be liable to a penalty of not less than five dollars ($5) nor more than fifty dollars ($50) for each offense, to be recovered by and in the name of the Director of Health of the State of New Jersey or by and in the name of the local Board of Health of the Township or by and in the name of the Township, as the case may be, except that for the first offense in cases of violations of §
44-2 of this ordinance, the penalty shall be not less than one dollar ($1) nor more than fifty dollars ($50), to be recovered in the same manner.
Chapter
44, Dogs, of the Code of the Township of Barnegat is hereby repealed in its entirety and replaced herewith.
Editor's Note: Former Ch. 44, Dogs, was adopted 11-6-41, and
amended 10-1-42, 2-7-46 and 9-2-71.
[Amended 3-17-80 by Ord. No. 1980-6; 10-19-81 by Ord. No. 1981-37]
This ordinance shall take effect upon final passage and publication
according to law for the 1982 licensing year.