For the purposes of this chapter the following words and terms shall have the following meanings:
- DOG OF LICENSING AGE
- Shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
- VICIOUS DOG
- Shall mean any dog which has attacked or bitten, or attempted to attack or bite any human being without provocation or which habitually attacks other dogs or domestic animals, or destroys property.
- OWNER (when applied to the proprietorship of a dog)
- Shall mean every person having a right of property in any dog and every person who has a dog in his custody, and any person exercising control over a dog or permitting a dog to remain on premises under his control.
- Shall mean any establishment where the business of boarding, selling or breeding dogs for sale is carried on, except for a pet shop.
- PET SHOP
- Shall mean any place, other than a kennel, where dogs are kept or displayed for sale.
- Shall mean an establishment for the confinement of dogs seized under the provisions of this chapter or otherwise.
- Shall mean any establishment where dogs are kept or housed without charge.
Licenses shall be required for the following dogs of licensing age:
Any dog owned and kept within the city on the first day of January of any calendar year.
Any dog acquired by any person during the course of any calendar year and kept within the city for more than ten days after acquisition.
Any dog attaining licensing age during the course of the calendar year.
Any unlicensed dog brought into the city by any person and kept within the city for more than ten days.
Any dog licensed by another state brought into the city by any person and kept within the city for more than 90 days.
Only one 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 chapter.
Each application for a dog license shall be made to the city clerk and shall give the following information:
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 or short haired variety.
The name, street and post office address of the owner of the dog and the person who shall keep the dog if other than the owner.
Registration numbers shall be issued in the order in which applications are received. The information on the application and the registration number issued for the dog shall be preserved by the city clerk for a period of three years. In addition, the city clerk shall forward similar information to the State Department of Health each month on forms furnished by the department.
Applications for licenses for dogs which are required to be licensed by the provisions of subsection 8-2.1 (a) shall be made before the last day of January of each year. In all other cases, the application for a license shall be made within ten days of the date upon which the dog in question first becomes subject to the provisions of this section.
The person applying for a dog license shall pay a fee of six ($6.00) dollars to the City of Wildwood, plus a registration fee to the State of New Jersey of one ($1.00) dollar and a twenty ($.20) cent fee for the "Pilot Spay Neutering Clinic Fund". Owners issued licenses for nonspayed or nonneutered dogs of reproductive age are to be issued assessed an additional three ($3.00) dollar fee. A dog of licensing age is considered to be of reproductive age. 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. A license holder shall pay one dollar and fifty ($1.50) cents for the reissuance of a lost dog license.
Each dog license and registration tag shall expire on the last day of January of the year following the year in which it was issued.
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 shall not be required to pay any fee.
Any person who operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the city clerk for a license entitling him to keep or operate such establishment. Any person holding such a license shall not be required to secure individual licenses for dogs owned by him and kept at his establishment. Such licenses shall not be transferable to another owner or different premises.
The application shall contain the following information:
The name and permanent and local address of the applicant.
The street address where establishment is located, or proposed to be located, together with a general description of the premises.
The purposes for which it is to be maintained.
The maximum number of dogs to be accommodated by such establishment at any one time.
No license shall be issued until the proposed licensee submits a written statement from the health officer that the establishment or proposed establishment complies with the local and state rules governing the location of and sanitation at such establishment.
All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained and shall expire on the last day of January of each year.
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the board of commissioners on recommendation of the State Department of Health or the health officer of the City of Wildwood for failure to comply with the rules and regulations of the State Department of Health or the health officer after the owner has been afforded a hearing by either the State Department of Health or the health officer.
Any person holding a license to establish, keep, or operate a kennel, pet shop, shelter or pound shall comply with all city ordinances and the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation therein, and the prevention of the spread of rabies and other diseases of dogs within and from such establishments.
The city clerk shall for-ward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued, which list shall include the names and addresses of the licensees and the kinds of licenses issued.
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.
License fees and other moneys collected or received under the provisions of this chapter, except the registration tag fees, shall be forwarded to the treasurer-comptroller within 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 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; providing anti-rabic treatment under the direction of the local board of health for any person known or suspected to have been exposed to rabies; 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 fiscal years next preceding.
The registration tag of seventy-five ($.75) cents for each dog shall be forwarded within 30 days after collection by the clerk to the State Department of Health.
The pound master or such officer as may be designated by the board of commissioners shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the city, and shall report to the clerk, the health officer and to the State Department of Health the results 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, together with the registration number of each dog and the number of unlicensed dogs owned by each person, together with a complete description of each unlicensed dog.
No person shall own a dog within the City of Wildwood unless it has been vaccinated against rabies.
Vaccinations shall be performed by a veterinarian licensed to practice in the State of New Jersey. The vaccine used shall be from a manufacturer licensed by the Bureau of Animal Industry for the United States Department of Agriculture. The dosage shall be as recommended by the manufacturer. All dogs shall be revaccinated before the expiration of the period of time for which the vaccine used is known to be effective.
The health officer may exempt any dog from the provisions of this section if there is presented to him a certificate from a licensed veterinarian stating that it would be undesirable to vaccinate a particular dog for a specified period of time because of the dog's age, infirmity or other physical condition.
No vaccination shall be required for any dog confined to a licensed kennel, pet shop, shelter, pound or veterinary hospital.
The fact that a dog has been vaccinated against rabies shall be evidenced by a certificate from the veterinarian per-forming the vaccination. The certificate shall either be on a form approved by the health officer or a standard immunization certificate used by the veterinarian. The certificate shall be presented to the health officer within ten days after each vaccination. In the case of dogs vaccinated before being brought into the city, the certificate shall be presented to the health officer within ten days after the dog is brought into the city.
No person shall own a dog in the City of Wildwood except in compliance with the following regulations:
At the time of the issuance of each dog's license, a metal registration tag shall be issued for each dog licensed. All licensed dogs shall wear a collar or harness with the registration tag for that dog securely fastened to it.
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, or attach a registration tag to a dog for which it was not issued.
No person shall own any dog which habitually barks or cries in a manner that would disturb a reasonable person, particularly between the hours of 10:00 p.m. and 6:00 a.m.
No person owning a dog shall permit it 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, nor permit a dog to run-at-large upon private property without the permission of the owner.
No person owning a dog shall permit it to be upon the public streets or in any other public place in the city unless the dog is accompanied by a person capable of controlling it and is securely fastened to an adequate leash not more than six feet long.
No person owning or in control of a dog shall permit it to damage any lawn, shrubbery, flowers, grounds or other property.
Owners, caretakers, guardians or handlers of dogs will exercise diligence and reasonable care in using restraints to prevent said dogs from leaving their premises regardless of whether their premises is owned, leased or rented. Restraint exists when the dog is:
Enclosed and properly provided for pursuant to N.J.S.A. 4:22-17 within a house, building, properly maintained fence, pen or other enclosure.
Pens or other enclosures for each dog must be four feet in height and square footage as follows:
Veterinary facilities and licensed animal shelters shall be exempt from this section.
1 dog: 64 square feet
2 dogs: 96 square feet
3 dogs: 144 square feet
4 dogs: 196 square feet
5 or more dogs: An additional 24 square feet for each dog
The pens or other enclosures shall include a soundly constructed, safely positioned and properly maintained dog house.
Doghouses shall contain bedding, such as straw or other absorbent material in a sufficient quantity to provide adequate insulation for the house. Bedding shall be maintained in a dry condition and renewed or changed as necessary.
Owners, caretakers, guardians or handlers of dogs will exercise diligence and reasonable care to keep dogs under restraint. In circumstances in which the dogs are not located on premises owned, leased or rented by the caretakers, guardians or handlers, dogs must be handled in a humane manner pursuant to N.J.S.A. 4:22-17.
Owners, caretakers, guardians or handlers of dogs may attempt to prevent said dogs from leaving the premises by installing an Invisible fence®. Owners, caretakers, guardians or handlers of dogs are responsible for the maintenance of the Invisible fences® and shall exercise diligence to keep the fence in proper working order.
Dogs must be able to move freely when chained or tethered and shall be confined for a period no greater than nine hours within a 24 hour period. No dog can be tethered outside if not spayed and neutered. Chaining or tethering dogs outdoors is prohibited during the hours after sun-set and before sunrise. The size of the tether or chain must be a minimum of 15 linear feet and shall remain tangle free. Dogs must be equipped with properly fitted harness or buckle type collar. The tether or chain shall be constructed of lightweight cable. A doghouse shall be accessible to dogs that are chained or tethered. No dog may be tethered or chained to an unfixed object like a car, trailer or rims.
No owner, caretaker, guardian or handler shall withhold proper shelter, protection from weather, veterinary care and immune care to any animal. No owner, caretaker, guardian or handler shall fail to provide his or her animal with sufficient food and drinkable water on a daily basis. Food and water must be in an animal food consumption or water consumption type container, feeder or waterer.
No animal shall be subjected to unnecessary suffering and cruelty such as subjecting the animal to prolonged fear, injury, pain or physical abuse. Interaction with humans and other animals shall not be unreasonably withheld. Any individual, currently licensed by the State Board of Veterinary Medical Examiners to practice veterinary medicine, who is acting within his or her scope of practice to deliver acceptable and medically sound veterinary care to an animal, shall be exempt from this section.
In extreme weather below 32 degrees and above 95 degrees and in major storms where evacuation is recommended, all outdoor dogs and indoor/outdoor cats (with the exception of feral cats) must be brought indoors whether tethered or kenneled, unless the kennel is heated or air conditioned according to the safety code. Indoors will include any area of the residence which is temperature controlled and garage and basement unless heated in cold, or air conditioned in heat will not be considered adequate.
Failure to comply with the provision as set forth, shall be deemed a separate offense and each violation shall subject the violator, upon conviction, to a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars.
When any dog attacks or bites a human being, the pound master or the health officer may order the owner of the dog to confine it, either on the owner's premises or at any other reasonable location which the pound master or the health officer designates for a period of at least ten days. The expense of confining the dog shall be borne by the owner.
The health officer or any other person designated by the division of health shall have the right to examine any dog confined under the provisions of subsection 8-10.1 at any reasonable time, including daily examinations for a period of ten days after the dog has attacked or bitten any person to ascertain whether the animal shows symptoms of rabies.
Regardless of whether or not the period of time from which the owner was directed to confine the dog has expired or not, no dog confined under the provisions of subsection 8-10.1 shall be released from quarantine until the division of health issues a certificate of release. The certificate shall only be issued after either the person designated by the division of health to examine the dog or some other licensed veterinarian has certified in writing that the animal appears to be healthy and free from rabies.
Whenever the pound master or the health officer is notified by the State Department of Health or determines himself that there is danger of an epidemic of rabies in the City of Wildwood, he shall order all persons owning or having custody of dogs in the city to keep their dogs confined to their own premises. Notice that an order has been issued may be either written or oral and may be served personally, by mail, by publication in a newspaper circulating in the city, by conspicuously posting it in public places, or by any other method calculated to actually reach the persons affected.
The provisions set forth above shall be controlling unless the same conflict with N.J.S.A. Title 4, Chapter 19 in which case the latter shall control.
The board of commissioners shall have the power to appoint a pound master whose duty it shall be to enforce the provisions of this chapter. The board of commissioners shall also have the power to appoint one or more persons to be known as dog catchers, who may impound dogs subject to seizure.
Any officer authorized or empowered to perform any duty under this chapter may go upon any premises to seize for impounding any dog which he may lawfully seize and impound when he is in immediate pursuit of such dog except upon the premises of the owner of the dog if the owner is present and forbids it.
No person shall interfere with anyone authorized or empowered to perform any duty under this chapter.
The provisions set forth above shall be controlling unless the same conflict with N.J.S.A., Title 4, Chapter 19 in which case the latter shall control.