The following words and terms shall have the meanings herein
indicated for the purposes of this chapter:
Any four-legged creature, whether domesticated or not.
Any animal off the premises of the person owning or harboring
it and not secured or fastened to a tether, leash or chain of six
(6) feet or less held by its owner or other person capable of controlling
said animal.
Any feline.
Any canine, including all males, bitches or spayed bitches.
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 dogs for sale, is carried
on, except a pet shop.
When applied to the proprietorship of an animal, shall include
every person having a right of property in such animal and every person
who has such animal in his keeping.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein animals are kept, displayed or sold.
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
Any establishment where dogs are received, housed and distributed.
The Township of Plumsted in the County of Ocean.
(Ord. #93-18, § 1)
A.
No
person shall keep or harbor any dog within the Township without first
obtaining a rabies certificate from a licensed veterinarian in the
State of New Jersey and without first obtaining a license therefor
issued by the Township Clerk or such other authorized person upon
application by the owner and payment of the appropriate fee. No person
shall keep or harbor any dog in said municipality except in compliance
with the provisions of this chapter.
B.
No
license or official registration tag for any dog shall be issued unless
the owner thereof provides evidence that the dog to be licensed and
registered has been inoculated with 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.
C.
(Reserved)
A.
Any
person who shall own, keep, or harbor a dog of licensing age in the
Township shall, in the month of January in each year, apply for and
procure from the Township Clerk a license and official registration
tag for each such dog so owned, kept or harbored, and shall place
upon such dog a collar or harness with the registration tag securely
fastened thereto.
B.
The
owner of any newly acquired dog of licensing age, or of any dog which
attains licensing age, shall make application for a license and registration
tag for such dog within ten (10) days after such acquisition or age
attainment.
(Ord. #93-18, §§ 2, 3; Ord. #94-20, § 1;
Ord. #2001-11, § I; Ord. #2007-21, § 1; Ord. #2008-18,
§§ 1,2; Ord. No. 2018-20)
The following license and registration fees shall apply to each
dog required to be registered and licensed in the Township under the
provisions of N.J.S.A. 4:19-1, et seq., and shall be in addition to
any and all fees promulgated by the State of New Jersey pursuant to
the aforementioned statute:
A.
Annual
license fee: fifteen dollars and 55/100 ($15.55). Said license shall
expire on the last day of January in the calendar year next following
issuance.
B.
Kennel
and pet shop fee: the annual license fee for a kennel providing accommodations
for ten (10) or less dogs shall be ten dollars ($10) and for more
than ten (10) dogs, twenty-five dollars ($25). The annual license
fee for a pet shop shall be ten dollars ($10). No fee shall be charged
for shelter or pound. Any person holding such license shall not be
required to secure individual licenses for dogs owned by such licensee
and kept at such establishments; such licenses shall not be transfer-able
to another owner or different premises. These establishments shall
be governed by N.J.A.C. 8:23-3.
C.
Any
resident who has attained the age of sixty-two (62) years of age,
or who is totally and permanently disabled as certified by the Social
Security Administration or a physician, shall have the municipal portion
of the dog licensing fee reduced by fifty percent (50%). All individuals
covered by this fee reduction shall present a form of identification
to validate the entitlement to the fee reduction to the satisfaction
of the Municipal Clerk's office.
D.
Any
resident who is an active municipal volunteer appointed by resolution
by the Township Committee, active First Aid volunteer or active Fire
Company volunteer, as verified by a list provided by First Aid Squad
and Fire Company annually shall also have the municipal portion of
the dog licensing fee reduced by fifty percent (50%).
E.
Any
resident who is involved with animal rescue, whether they are part
of a 501(c)3 organization doing animal rescue or volunteering at an
animal shelter shall have the municipal portion of the dog licensing
fee reduced by fifty percent (50%). All individuals covered by this
fee reduction shall present a letter annually from the organization
on their letterhead or other appropriate documentation to validate
their participation and a member in good standing for the entitlement
for the fee reduction to the satisfaction of the Municipal Clerk's
Office.
(Ord. #2007-21, § 2)
In addition to the fees set forth in § 4-4 above, the following shall apply to all dogs within the Township:
A.
Pilot
clinic fee: twenty cents ($.20). All fees collected pursuant to this
section shall be forwarded to the State Treasurer to be placed in
the "Pilot Clinic Fund."
B.
New
Jersey registration fee: one dollar ($1). The person applying for
the license and registration tag shall pay the sum of one dollar ($1)
for a one-year registration for each dog.
C.
New
Jersey animal population control fee: A fee of three dollars ($3)
shall be collected for any dog of reproductive age which has not had
its reproductive capacity permanently altered through sterilization.
All fees collected pursuant to this section shall be forwarded to
the State Treasurer for deposit in the "Animal Control Population
Fund."
D.
Late
fee for each dog which remains unregistered after March 1st of year
each: ten dollars ($10).
E.
Dogs
used as guides for blind persons and commonly known as "seeing eye"
dogs for hearing impaired persons shall be licensed and registered
as other dogs herein provided for, except that the owner or keeper
of such dogs shall not be required to pay any fee therefor.
A.
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 dog unless such dog is licensed pursuant to § 4-4B.
B.
Any person who shall bring or cause to be brought into the Township an unlicensed dog, and shall keep the same or permit the same to be kept within the Town-ship for a period of more than ten (10) days, shall immediately apply for a license and registration tag for each such dog unless such dog is licensed pursuant to § 4-4B.
C.
Any dog appropriately licensed by another municipality in the State of New Jersey will be recognized as licensed in the Township until the next Township registration period for the licensing of dogs provided that the owner thereof has a rabies certificate from a licensed veterinarian as set forth in § 4-3. Licensing of any such dog shall take place during the first registration period following the keeping or harboring of said dog in the Township.
(Ord. #93-18, §§ 4-7)
A.
Any
person who keeps, operates, or proposes to establish a kennel, pet
shop, shelter or pound shall apply to the Township Clerk, or other
authorized agent, for a license or permit entitling him to keep or
operate such establishment. The application shall describe the premises
where the establishment is located, or is pro-posed to be located,
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 or designee showing compliance with
the local and state rules and regulations governing the location of
and sanitation of such establishment.
B.
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 June of each year. Licenses
shall be subject to revocation by the Township Committee on recommendation
of the State Department of Health or the Board of Health of the Township
for failure to comply with the applicable rules and regulations after
the owner has been afforded a hearing.
C.
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.
D.
All
kennels, pet shops, shelters or pounds shall see to it that all dogs
seven (7) months or older shall be vaccinated for rabies in accordance
with N.J.S.A. 4:19-15.2a, et seq.
E.
All
kennels, pet shops, shelters or pounds shall be subject to inspection
by an authorized agent of the Board of Health of the Township or designee
in connection with any and all upgrading of such establishments by
the owner or owners prior to their licensing or relicensing. The Board
of Health shall have the right to impose a reasonable reinspection
fee if the licensing fee does not cover the actual expenses of the
Board.
F.
A
kennel, pet shop, shelter or pound termed unfit shall be given a twenty-two
(22) day period within which to upgrade in accordance with any inspection
report received. The Township Committee may extend the period of time
at its discretion.
(Ord. #93-18, § 4)
No dog kept in a kennel, pet shop, shelter or pound shall be
permitted off such premises except on a leash, crate or other safe
control.
(Ord. #93-18, § 4)
The Township Clerk, or other authorized agent, shall forward
to the State Department of Health, or its designee, a list of all
kennels, pet shops, shelters or pounds licensed in the Township within
thirty (30) days after the licenses therefor are issued, which list
shall include the names and addresses of the licensees and the types
of licenses issued.
No person, except a police officer or an agent of the Township
engaged 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.
License fees, registration tag fees and other moneys collected
and received pursuant to this chapter shall be forwarded to the Chief
Financial Officer of the municipality to be deposited within forty-eight
(48) hours after collection or receipt and shall be maintained in
a special account to be used in accordance with applicable state law.
(Ord. #93-18, § 8; Ord. #94-15, § 1)
No dog or animal shall run, or be permitted by its owner to
run, at any time at large within the limits of the Township, except
where such dog or animal is under the direct control and supervision
of its owner or handler. (Ord. #93-18, § 8; Ord. #94-15,
§ 1)
No person who owns, keeps or harbors any dog shall suffer or
permit such dog to bark, howl or cry habitually for a period not to
exceed twenty (20) minutes in any twenty-four (24) hour period in
such a manner as to constitute a nuisance. Nothing contained in this
section shall be construed to prevent the lawful use of a dog for
hunting or pursuing game pursuant to the provisions of the applicable
state law.
(Ord. #93-18, § 9)
A.
The Animal Control Officer of the Township of Plumsted, or other
authorized agent, shall take into custody and impound any animal,
which thereafter in their discretion may be destroyed or disposed
of as hereinafter provided, and pursuant to the provisions of this
chapter and applicable state laws:
(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 dog running at large within the limits of the Township of Plumsted;
(4)
Any dog with a dangerous or vicious propensity or noticeably infected
with rabies or bitten by a dog suspected of having rabies;
(5)
Any female dog in season off the premises of the owner or of the
person keeping or harboring such dog;
(6)
Any cats creating a nuisance while off their property;
(7)
Any dog or other animal as authorized by the provisions of N.J.S.A.
40:19-15.16.
B.
In the event of a dog bite, the Animal Control Officer shall work
directly under the Local Board of Health and the County Board of Health
in all administrative and enforcement actions and in accordance with
applicable state law.
C.
If any dog or cat so seized wears a collar or harness stating the
name and address of the owner, or if the person keeping or harboring
said dog or cat is known, the Animal Control Officer shall forthwith
serve upon the person whose address is given on the collar or on the
owner or 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 become the subject of appropriate action in manner approved by
the Department of Health of the State of New Jersey if not claimed
within seven (7) days after the service of the notice.
D.
A notice under this section may be served either by delivering it
to the appropriate person or by leaving it at the person's usual or
last known place of residence.
E.
When any dog or cat 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 notice has not
been and cannot be given as herein provided, and if the owner or person
keeping or harboring said dog or cat has not claimed said dog or cat
and paid all expenses incurred by reason of its detention, including
maintenance, and if the dog is 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 Animal Control Officer
may cause the dog or cat to be destroyed in a manner causing as little
pain as possible.
F.
The cost of any medical or veterinary treatment deemed necessary
by an authorized agent of the Board of Health shall be the responsibility
of the owner of said dog or cat.
G.
Any person retrieving any dog impounded by the Animal Control Officer
is required to show proof of licensing. Persons owning or having a
dog under their control requiring a license shall obtain a license
within seven (7) days. Persons owning or having under their control
dogs requiring a license and a valid rabies certificate as required
by this chapter shall obtain both documents within a ten (10) day
period.
The Animal Control Officer engaged in the performance of any
duty under this chapter or the statutes of the State of New Jersey
is hereby authorized to enter upon any premises to seize and impound
any dog or cat, which he may lawfully seize or impound when such officer
is in immediate pursuit of said dog or cat.
It shall be unlawful for any person to hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
chapter or applicable state law.
No person owning, keeping or harboring any such dog shall suffer
or permit it to be upon the public streets or in any of the public
places of the Township 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.
No person owning, keeping or harboring a dog shall permit or
suffer it to do any injury or damage to any lawn, shrubbery, flowers,
grounds or property of another.
[Ord. No. 93-18, § 11; amended 12-7-2023 by Ord. No. 2023-21]
A.
Purpose. A section to establish requirements for the proper disposal
of pet solid waste in the Township of Plumsted, so as to protect public
health, safety and welfare, and to prescribe penalties for failure
to comply.
B.
IMMEDIATE
OWNER/KEEPER
PERSON
PET
PET SOLID WASTE
PROPER DISPOSAL
Definitions. For the purpose of this section, the following terms,
phrases, 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 directory.
The pet solid waste is removed at once, without delay.
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.
Any individual, 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 or companionship.
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
into a system designed to convey domestic sewage for proper treatment
and disposal.
C.
Requirement for disposal. 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.
D.
Exemptions. 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.
E.
Enforcement. The provisions of this section shall be enforced by
the Police Department, Municipal Humane Law Enforcement Officer or
the Code Enforcement Officer of the Township of Plumsted.
F.
Violations and penalties. Any person(s) who is found to be in violation
of the provisions of this section shall be subject to a fine not to
exceed $100.
(Ord. #93-18, § 10)
A.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not less than one hundred dollars ($100) nor more than one
thousand dollars ($1,000), by imprisonment for a term not to exceed
ninety (90) days or by community service of not more than ninety (90)
days, or any combination of fine, imprisonment and community service
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.
The violation of any provision of this chapter shall be subject to
abatement summarily by a restraining order or injunction issued by
a Court of competent jurisdiction.
C.
The Animal Control Officer shall take into custody any other animal
or animals which have strayed and have become detrimental to the safety
and welfare of the inhabitants of Plumsted Township.
(Ord. #2001-10, § 1)
A.
POTENTIALLY DANGEROUS DOG
VICIOUS DOG
Definitions. In accordance with N.J.S.A. 4:19-17 et seq., the following
words and terms shall have the meanings herein indicated for the purpose
of this chapter:
Any dog or dog hybrid declared potentially dangerous by a
Municipal Court pursuant to Section 7 of P.L.1989, c. 307 (C.4:19-23).
Any dog or dog hybrid declared vicious by a Municipal Court
pursuant to Section 6 of P.L.1989, c. 307 (C.4:19-22).
B.
In the event the Municipal Court shall declare a dog vicious or potentially
dangerous, the owner shall be required 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 Section 2 of P.L. 1941 c. 151
(C.4:19-15.2), for a special municipal potentially dangerous dog license,
municipal registration number, and red identification tag issued pursuant
to Section 14 of this act. 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) of this subsection;
(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 con-fined 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;
(4)
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.
C.
Potentially dangerous dog owners shall:
(1)
Comply with the provisions of P.L. 1989, c. 307 (C.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 or force
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 or force
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 department and the licensing authority, Police
Department or force, and Animal Control Officer of that municipality
of the transfer of ownership and name, address and telephone number
of the new owner; and
D.
Potentially dangerous dogs, as declared by the Municipal Court, shall
require the Township to:
(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 (3) digits of each potentially dangerous dog registration
number issued by a municipality will be the three (3) number code
assigned to that municipality in the regulations promulgated pursuant
to Section 17 of P.L.1989. c.307 (C.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 act.
This telephone shall be forwarded to the Department and any changes
in this number shall be reported immediately to the Department.
E.
The annual license fee and each renewal thereof, for a potentially
dangerous dog shall be seven hundred dollars ($700)
F.
The owner of the dog, or the Animal Control Officer in the municipality
in which the dog was impounded, may appeal any final decision, order,
or judgment, including any conditions attached thereto, of a Municipal
Court pursuant to P.L. 1989, c. 307 (C.4:19-17 et seq.) by filing
an appeal with the Superior Court, Law Division, in accordance with
the Rules Governing The Courts of the State of New Jersey pertaining
to appeals from courts of limited jurisdiction. The Superior Court
shall hear the appeal by conducting a hearing de novo in the manner
established by those rules for appeals from courts of limited jurisdiction.
G.
If a dog is declared vicious or potentially dangerous, and all appeals
pertaining thereto have been exhausted, the owner of the dog shall
be liable to the municipality in which the dog is impounded for the
costs and expenses of impounding and destroying the dog. The municipality
may establish by ordinance a schedule of these costs and expenses.
The owner shall incur the expense of impounding the dog in a facility
other than the municipal pound, regardless of whether the dog is ultimately
found to be vicious or potentially dangerous. If the dog has bitten
or exposed a person within ten (10) days previous to the time of euthanasia,
its head shall be transported to the New Jersey State Department of
Health laboratory for rabies testing.
H.
The owner of a potentially dangerous dog who is found by clear and
convincing evidence to have violated this act, or any rule or regulations
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 dollars
($1,000) 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 P.L.
1989 c.307 (C.4:19-17 et seq.), or any ordinance, 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.
(Ord. #2006-22, § 1; Ord. No. 2018-07)
A.
Position created. There is hereby created the position of Municipal
Humane Law Enforcement Officer
B.
Appointment and Term of Office. The Municipal Humane Law Enforcement
Officer shall be appointed by the governing body and serve at the
pleasure of the governing body for a term of one (1) year, commencing
January 1st and expiring December 31st of each year.
C.
Duties. The duties of the position of Municipal Humane Law Enforcement
Officer shall include but not be limited to the following:
(1)
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.
(2)
Conduct investigations and initiate and prosecute complaints and/or
violations of animal control, animal welfare or animal cruelty laws
of the State of New Jersey, as well as local ordinances.
(3)
Engage in the apprehension and arrest and detection of offenders
who have violated animal control, animal welfare and animal cruelty
laws of the state as well as local ordinances.
D.
Qualifications. A person must possess the following to be appointed
to the position of Municipal Humane Law Enforcement Officer:
(1)
Animal Control Officer Certification from the Commissioner of Health
pursuant to subsection b of Section 3 of P.L. 1983, c. 525 (N.J.S.A.
4:19-15.16a).
(2)
The approval and recommendation of the Chief Law Enforcement Officer
of the Township of Plumsted in accordance with N.J.S.A. 4:19-15.16
et seq.
