[Adopted 6-14-1972 by Ord. No. 211]
As used in this article, the following terms shall have the
meanings indicated:
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven (7) months or
which possesses a set of permanent teeth.
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.
[Added 12-12-05 by Ord. No. 10-2005]
Any establishment wherein or whereupon the business of boarding
or selling or breeding dogs for sale is carried on, except as a pet
shop.
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
has such dog in his keeping.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Any establishment where dogs are received, housed and distributed
without charge.
Any dog which has been declared vicious and menacing by the
health or police authorities by written notice sent to the owner of
said dog.
Shall include those animals wild by nature, which because
of habitat, mode of life or natural instinct, are incapable of being
completely domesticated, and require the exercise of art, force or
skill to keep them in subjection.
[Added 11-8-93 by Ord. No. 27-1993]
All animals that are neither human nor domesticated.
Any person who shall own, keep or harbor a dog of licensing
age shall apply for and procure from the Borough Clerk of the Borough
of Avon-by-the-Sea a license and official metal registration tag for
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.
[Added 12-22-97 by Ord. No. 31-1997]
Rabies vaccinations are required to obtain a dog license. The
duration of immunity should extend throughout the period for which
the license is being issued.
Dogs with a duration of immunity expiring no more than two (2)
months prior to the end of the licensure period are acceptable for
licensing.
Dogs with a duration of immunity expiring more than two (2)
months prior to the end of the licensure period must be re-vaccinated
before the issuance of a license.
The owner of any newly acquired dog of licensing age or of any
dog which attains licensing age shall make application for license
and registration tag for such dog within ten (10) days after such
acquisition or age attainment.
[Amended 6-22-77 by Ord. No. 7-1977; 10-8-81 by Ord. No. 22-1981; 10-24-83 by Ord. No. 11-1983;
1-10-11 by Ord. No. 18-2010]
The person applying for the license and registration tag shall
pay the sum of one dollar ($1) for the registration tag; twenty cents
($0.20) for the Pilot Clinic Fund and a license fee of twelve dollars
($12) for each dog. There will be a three dollar ($3) additional surcharge
on all licenses issued for unspayed and unneutered dogs. Owners presenting
a certificate signed by a licensed veterinarian or a notarized statement
signed personally certifying that their dog has been sterilized are
exempt from the three dollar ($3) surcharge.
Said licenses and registration tags shall expire on the last
day of December in each year.
[Added 2-11-91 by Ord. No. 2-1991; amended 3-27-95 by Ord. No. 6-1995]
There will be a late charge of five dollars ($5) applied to
the cost of the license if not renewed by April 1 of the year in which
said license is being renewed.
The application shall state the breed, sex, age, color and markings
of the dog for which license and registration are sought and whether
it 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.
Dogs used as guides for blind persons, commonly known as "Seeing
Eye" 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.
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 is not issued.
It shall be unlawful for any dog, whether licensed or not, to
run at large within the Borough of Avon-by-the-Sea. A dog shall be
deemed to be running at large when it is off the premises of its owner
or of the person keeping or harboring such dog, which dog is not on
a lease, tether, chain, rope or the like, the overall length of which,
including the hand grip, shall not exceed six (6) feet, held by its
owner or other person able to control such dog.
[Repealed 8-22-11 by Ord. No. 93-9]
Former Section 93-9, Vicious Dogs, previously codified herein,
was repealed in its entirety by Ord. No. 93-9.
[Added 11-8-93 by Ord. No. 27-1993]
It shall be unlawful for any person to own, harbor, keep or
maintain any pigeons, ducks, sheep, fowl, horses, cattle, goats, swine,
or other farm or wild animals within the limits of the Borough of
Avon-by-the-Sea.
[Added 12-12-2005 by Ord.
No. 10-2005]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Avon-by-the-Sea, any wildlife.
[Amended 9-8-08 by Ord. No. 13-2008]
Except as hereinafter provided, no person owning, harboring,
keeping or in charge of any dog or other pet shall cause, suffer or
allow such dog to soil, defile, defecate on or commit any nuisance
on any common thoroughfare, sidewalk, passageway, bypath, play area,
park or any place where people congregate or walk or upon any public
property whatsoever, or upon any private property without the permission
of the owner of said property. In the event of a violation occurring
on private property, a complaint can only be filed by the owner of
the property.
A.
The person owning, harboring, keeping or in charge of any dog or
other pet that violates this ordinance shall immediately remove all
feces deposited by such dog or other pet by placing the feces in a
waterproof bag or container properly sealed and placed in a garbage
container, or disposed of in any other sanitary manner.
B.
The restriction set forth herein shall not apply to that area of
land situated between the sidewalk and curblines and that portion
of the street lying between the curblines. The aforesaid designated
areas shall be used to curb the dog or other pet under the following
conditions:
(1)
The person who so curbs such dog or other pet shall immediately remove
all feces deposited by such dog or other pet in a waterproof bag or
container properly sealed and placed in a garbage container or disposed
of in any other sanitary manner.
[Amended 10-24-83 by Ord. No. 11-1983]
The Chief of Police of the Borough of Avon-by-the-Sea shall
annually cause a canvass to be made of all dogs owned, kept or harbored,
within the Borough of Avon-by-the-Sea, and shall report, on or before
September 1 of each year.
A.
The Chief of Police of the Borough of Avon-by-the-Sea, in the absence
of any person hired by the Board of Commissioners of the Borough of
Avon-by-the-Sea for the purpose, and if and when such person is hired
by the Board of Commissioners of the Borough of Avon-by-the-Sea, then
the person so hired for the purpose, or if the position of Dog Warden
is created, then the person appointed to that position, shall take
into custody and impound or cause to be taken into custody and impounded
and thereafter destroyed or disposed of as provided in this section:
(1)
Any dog off the premises of the owner or of the person keeping or
harboring said dog, which dog 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
or harness.
(3)
Any female dog in season off the premises of the owner or of the
person keeping or harboring said dog.
(4)
Any dog off the premises of the owner or of the person keeping or
harboring said dog which is not securely and completely muzzled or
on a leash in the hands of a person able to control said dog.
(5)
Any vicious dog off the premises of the owner or of the person keeping
or harboring said dog which is not muzzled and on a leash in the hands
of a person able to control said dog.
B.
If any dog so seized wears a collar or harness having inscribed thereon
and attached thereto the name and address of any person or a registration
tag or the owner or the person keeping or harboring said dog is known,
the Chief of Police of the Borough of Avon-by-the-Sea, or such person
hired by the Board of Commissioners for the purpose, or the Dog Warden
appointed, 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.
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 or last known place of abode or to the address
given on the collar.
D.
When any dog 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 seven (7) days after seizure, when no notice has been given as
set forth above, 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, including maintenance not exceeding fifty cents
($0.50) per day, 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 aforesaid Chief of
Police of the Borough of Avon-by-the-Sea, or such person hired by
the Board of Commissioners of the Borough of Avon-by-the-Sea, or the
Dog Warden if appointed, may cause the dog to be destroyed in a manner
causing as little pain as possible.
Any officer or agent authorized or empowered to perform any
duty under this article 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 article.
[Added 8-27-1979 by Ord.
No. 7-1979]
No person shall keep, harbor or maintain any dog which habitually
barks or cries so as to disturb the public peace.
No dog or other animal taken into custody and detained or impounded
shall be sold or otherwise made available for the purpose of experimentation.
[Amended 5-12-76 by Ord. No. 13-1976; 8-27-1979 by Ord. No.
7-1979; 4-22-02 by Ord. No. 5-2002]
The provisions of this article shall be enforced by the local
Police Department.
