[Ord. No. 91-02A § 60-1]
As used in this chapter:
The common domesticated carnivorous quadruped Felis Domestica.
All canines irrespective of age, sex or breed.
A group of people related by blood or marriage, including
servants, or a group of people who reside together in the same household.
Any person, group, family group or corporation, company,
association, society, firm, partnership, joint-stock company or any
other business entity, as well as an individual who gives refuge,
shelter or protection to any dog or cat, or who shall maintain, tend
or keep any dog or cat.
When applied to the proprietorship of a dog or cat, every
person having a right or property in such dog or cat and to include
every person who has such dog or cat in his or her keeping.
Within the purview of this chapter, a dog or cat shall be
considered a public nuisance if it has no known owner, harborer, keeper
or custodian, or if it has no known place of care or shelter, or if
it trespasses upon or damages either private or public property or
annoys or harms lawful users or occupants thereof.
[Ord. No. 91-02A § 60-2]
It shall be unlawful to own, harbor, keep or maintain a dog
for cat or more than six (6) months of age in the Borough unless the
owner thereof or the harborer, custodian, keeper or person maintaining
the same shall have complied with the provisions hereof.
[Ord. No. 91-02A § 60-3]
The quarters where dogs or cats are kept shall be clean and
sanitary and such as not to create a health hazard nor disturbance
by reason of noise, odor or other causes.
[Ord. No. 91-02A § 60-4]
It shall be unlawful to own, harbor, keep or maintain a dog
or cat of more than six (6) months of age, unless the owner, harborer,
custodian, keeper or person maintaining the same shall have a valid
license for such dog or cat, which license shall be issued by the
Borough Clerk upon application by the owner, harborer, custodian,
keeper or person maintaining said dog or cat and payment of the prescribed
fee.
a.
Any person who shall own, keep, harbor or maintain a dog or cat of
licensing age, shall, in the month of January and annually thereafter,
apply for and procure from the Borough Clerk a license and official
registration tag for each such dog or cat so owned, kept, harbored
or maintained, and shall place upon such dog or cat a collar or harness
with the registration tag securely fastened thereto.
b.
Only one (1) license and registration tag shall be required in any
licensing year for any dog or cat owned in New Jersey and such license
and tag shall be accepted by the Borough as compliance with this section.
An out of state license will be accepted for the remainder of the
existing license year provided the Borough Clerk is promptly notified.
c.
The application shall state the breed, sex, age, color and markings
of the dog or cat for which license and registration are sought, and
whether it is of a long or short-haired variety, and also the name,
street and post office address of the owner, harborer, custodian,
keeper or person maintaining such dog or cat. The information on the
application and registration number issued shall be preserved for
a period of three (3) years by the Borough Clerk or other local official
designated to license dogs or cats in the Borough.
[Ord. No. 91-02A § 60-5; Ord. No. 2000-11]
a.
Cat and dog licenses shall be minimum of $15 per year. The said license
tags and renewals thereof shall expire on the last day of January
of each year. There shall be an additional fee of $3 for unspayed
or unneutered dogs and cats.
[Amended 7-10-2018 by Ord. No. 2018-11]
b.
Dogs used as guides for blind persons and known as "Seeing Eye" dogs,
as well as dogs presently in training to become "Seeing Eye" dogs,
shall be licensed and registered as in the case of other dogs except
that the owner shall not be charged any fee.
c.
In the event that the license and registration tag or tags are not
paid for on or before January 31 in the case of a renewal application
or within 10 days after a new acquisition of any dog or cat of licensing
age, then the applicant shall pay a late fee of $5 for each dog or
cat. In the event that the license and registration tag or tags are
not paid for by March 1 in the case of a renewal application or within
40) days after a new acquisition of any dog or cat of licensing age,
then the applicant shall pay an additional fee of $1 per month for
each dog or cat each ensuing month that the aforementioned payments
are delinquent.
d.
The license fee for any dog found to be a potentially dangerous dog,
pursuant to N.J.S.A. 4:19-17, et seq., shall be $250 per year.
[Ord. No. 91-02A § 60-6]
No license shall be issued or granted nor shall any official
registration tag be issued or granted for any dog or cat unless the
owner, harborer, custodian or person maintaining same provides evidence
that the dog or cat to be licensed and registered has been inoculated
with a rabies vaccine of a type approved by and administered in accordance
with a regulation of the United States Department of Health, Education
and Welfare or has been certified exempt as provided by the regulations
of the State Department of Health. Such vaccination shall be repeated
at intervals as provided by the regulations of the State Department
of Health, and shall be administered by a duly licensed veterinarian
or by such veterinarian permitted by law to do same.
[Ord. No. 91-02A § 60-7]
No person except for the designated Animal Control Officer or
a Police Officer of the Borough, in the performance of his or her
duties, shall remove or cause to be removed a registration tag from
the collar of any dog or cat without the consent of the owner, harborer,
keeper or person maintaining same, nor shall any person attach or
cause to be attached a registration tag to a dog or cat other than
the dog or cat to which the registration tag has been issued.
[Ord. No. 91-02A § 60-8]
a.
License fees and other monies collected or received under the provisions
of this section except registration tag fees shall be forwarded to
the Treasurer or Chief Financial Officer of the Borough who shall
deposit the receipts within forty-eight (48) hours in accordance with
N.J.S.A. 40A:5-15, and shall be placed in a special account separate
from any other accounts of the Borough and shall be used for the following
purposes only:
1.
For collecting, keeping and disposing of dogs and cats liable for
seizure under this chapter;
2.
For local prevention and control of rabies;
3.
For providing anti-rabies treatment under the direction of the local
Board of Health for any person known or suspected to have been exposed
to rabies;
4.
For all other purposes prescribed by Statutes of New Jersey governing
the subject;
5.
For administering the provisions of this section.
b.
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 Borough 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 proceeding.
c.
The registration tag fee of one ($1.00) dollar for each dog or cat
shall be forwarded within thirty (30) days after collecting by the
Clerk to the State Department of Health.
[Ord. No. 91-02A § 60-9]
a.
The Animal Control Officer as well as any member of the Police Department
shall take into custody and impound or cause to be taken into custody
or impounded and thereafter destroyed or disposed of as provided in
this section:
1.
Any dog or cat off the premises of the owner, keeper, or person harboring
or maintaining the dog or cat, which said official or his agent or
agents have reason to believe is a stray dog or cat.
2.
Any female dog or cat in season off the premises of the owner, keeper
or person harboring or maintaining said dog or cat.
3.
Any dog or cat which constitutes a public nuisance as defined herein.
4.
Any dog or cat which upon complaint by one (1) or more residents,
shall be habitually bothering, disturbing or causing annoyance to
said resident or residents.
b.
If any dog or cat so seized wears a collar, harness, registration
tag or some other identification having inscribed therein or attached
thereto the name and address of any person or the owner or the person
keeping or harboring said dog or cat is known, the Animal Control
Officer or the Police Department as applicable 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 or cat, if known, a notice
in writing stating that the dog or cat has been seized and will be
liable to be disposed of or destroyed if not claimed within ten (10)
days after service of the notice.
c.
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 place of abode or to the address given on
the collar.
[Ord. No. 91-02A § 60-10]
When any dog or cat so seized has been detained for seven (7)
days after notice, when notice can be given as above set forth, or
has been detained for ten (10) days after seizure, when notice has
not been and cannot be given as above set forth, and if the owner,
harborer, custodian, keeper or person maintaining said dog or cat
has not claimed said dog or cat and paid all expenses incurred by
reason of its seizure and detention, including maintenance at the
prevailing rates charged per day, the Animal Control Officer or Police
Department or any other person designated by the Borough of Island
Heights for this purpose, may cause the dog or cat to be destroyed
in a humane manner causing as little pain as possible.
[Ord. No. 91-02A § 60-11]
In addition to the above powers, any Animal Control Officer
or member of the Police Department, shall have the power to kill any
dog or cat found within the Borough which cannot be captured, apprehended
or impounded by such Animal Control Officer or member of the Police
Department, if such act of killing is necessary to protect the health,
welfare, safety, peace and quiet of the Borough or its residents,
provided this power shall not effect or permit the killing of any
dog or cat while on the premises of the owner, harborer or keeper,
without the permission of the owner, harborer, keeper, custodian or
person maintaining same.
[Ord. No. 91-02A § 60-12; Ord. No. 2005-19 § I]
a.
IMMEDIATE
OWNER/KEEPER
PERSON
PET
PET SOLID WASTE
PROPER DISPOSAL
Definitions. For the purpose of this Code section, the following
terms, phrases, words and their derivations shall have the meaning
stated herein unless their use in the text of this section clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall is always
mandatory and not merely directory. As used herein, the following
words shall have the following meaning:
That the pet solid waste is removed at once, without delay
or hesitation.
Any person who shall possess, maintain, house, harbor any
pet to otherwise have custody, control, or possession of any pet,
whether or not the owner of such pet.
Any individual, person, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement, companionship, breeding, protection, or
sale.
Waste matter expelled from the bowels of the pet; excrement.
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
in a system designated to convey domestic sewage for proper treatment
and disposal.
b.
Requirement for Disposal.
1.
Persons 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, including common thoroughfare,
sidewalk, passageway, road, bypath, play area, park or upon any boardwalk,
beach, or beachfront in the Borough. The sole exception to this requirement
is for a person who requires the use of a disability assistance animal,
who shall be exempted from the provisions of this section while such
disability assistance animal is used for the purpose of assisting
with the person's disability.
2.
No person shall cause, suffer, or permit a pet to soil, defecate,
defile on or commit any nuisance on any common thoroughfare, sidewalk,
passageway, road, bypath, play area, park or upon any boardwalk, beach,
or beachfront in the Borough, or upon any public property whatsoever
or upon any private property without the permission of the owner of
the private property.
c.
Enforcement. The provisions of this Code section shall be enforced
by the Borough of Island Heights Police Department, the Borough's
Board of Health, or its duly authorized representative, the Borough's
Code Officer, or his/her duly authorized representative, the Ocean
County Board of Health, or its duly authorized representative, or
any other law enforcement agency or health department of the State
of New Jersey having jurisdiction over same.
d.
Violations and Penalties. Any person, or persons, who shall violate any of the terms or provisions of this section or who shall commit or do any act or thing which is prohibited by this section, shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5 of this Code.
[Ord. No. 91-02A § 60-13]
Any dog or cat which bites a person shall be quarantined for
ten (10) days if ordered by the Animal Control Officer or the Police
Department. During quarantine the animal shall be securely confined
and kept from contact with any other animal at an animal shelter.
The owner, harborer, custodian, keeper or person maintaining same
animal shall be responsible for all costs incurred as a result of
the quarantine at said animal shelter, or may, at his own expense,
place it in a veterinary hospital.
[Ord. No. 91-20A § 60-14]
No Police Officer or Animal Control Officer or other person
shall kill or cause to be killed any animal suspected of being rabid,
except after the animal has been placed in quarantine and the diagnosis
of rabies made by a licensed veterinarian. If a veterinarian diagnoses
rabies in an animal in quarantine, then the animal shall be humanely
killed and the head of such animal sent to a laboratory for pathological
examination and confirmation of the diagnoses.
[Ord. No. 91-02A § 60-15]
No person shall abandon any dog or cat, no matter what its age
may be, within the Borough of Island Heights.
[Ord. No. 91-02A § 60-16]
No harborer, custodian, keeper or person maintaining any dog
shall permit or suffer such dog or dogs to run at large in the Borough.
Rather, such dog or dogs shall at all times when outside the property
of the owner thereof, be accompanied by a person who is capable of
controlling it. Any dog not leashed as required under this section
shall be deemed to be running at large.
[Ord. No. 91-02A § 60-17]
a.
Any person whether as owner or custodian of a dog or cat convicted
of a violation of any of the provisions of this chapter shall, upon
conviction of any of the provisions hereof, be liable to a fine or
penalty not exceeding five hundred ($500.00) dollars or imprisonment
for a term not exceeding ninety (90) days, or both.
b.
If any person is convicted of a violation of subsection 8-1.5, the Animal Control Officer or the Police Officer designated for that purpose may enter the household premises or abode of the person so convicted and cause to be removed all unlicensed dogs or cats which shall be disposed of in accordance with subsection 8-1.11 and subsection 8-1.12 hereof.
[Ord. No. 2005-22 § I]
The purpose of this Code section is to prohibit the feeding
of unconfined wildlife and waterfowl in any public park or other property
owned or operated by the Borough of Island Heights, so as to protect
the public health, safety, and welfare, and to proscribe penalties
for failure to comply.
[Ord. No. 2005-22 § I]
For the purposes of this section, the following terms, phrase,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely discretionary.
To give, place, expose, deposit, distribute, or scatter any
edible material, including tobacco and alcohol, with the intention
of feeding, attracting, or enticing wildlife or waterfowl . Feeding
does not include the baiting in the legal taking of fish and/or game.
Any individual, corporation, company, partnership, firm,
association, or political subdivisions of this State subject to municipal
jurisdiction.
All animals that are neither human nor domesticated.
Any goose, geese, duck, or other bird of any type.
[Ord. No. 2005-22 § I]
a.
It shall be unlawful, and a violation of this section, for any person
to feed, in any public place or on any other property owned, leased,
maintained, or operated by the Borough of Island Heights, any wildlife,
excluding confined wildlife (for example, wildlife confined in zoos,
parks, or rehabilitation centers, or confined wildlife at environmental
education centers).
b.
It shall be unlawful and a violation of this section, for any person
to feed, in any public place or on any other property owned, leased,
maintained, or operated by the Borough of Island Heights, any waterfowl.
[Ord. No. 2005-22 § I]
a.
This code section shall be enforced by the Police Department of the
Borough of Island Heights, as well as Code Official of the Borough
of Island Heights, and/or his designee, and the Zoning Official of
the Borough of Island Heights, and/or his official designee, as well
as the Island Heights Animal Control officer, and/or his official
designee.
b.
Any person found to be in violation of this section shall be ordered
to cease the feeding immediately.
[Ord. No. 2005-22 § I]
Any person, or persons, who shall violate any of the terms or provisions of this Section or who shall commit or do any act or thing which is prohibited by this Section, shall, upon conviction thereof, be liable for the penalty stated in Chapter I, Section 1-5 of this code. Additionally, any person found to be in violation of this section of the Code shall be ordered to cease the feeding immediately and to not engage in such conduct in the future.
