Dogs
[1972 Code § 59-1]
As used in this section:
Shall mean any dog, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
When applied to the proprietorship of a dog, shall include
every person having a right of property in such dog and every person
who has such dog in his keeping.
[1972 Code § 59-2]
No person shall keep or harbor any dog within the Borough without
first obtaining a license therefor, to be issued by the Municipal
Clerk upon application by the owner and payment of the prescribed
fee and no person shall keep or harbor any dog within the Borough
except in compliance with the provisions of this chapter.
[1972 Code § 59-3]
Any person who shall own, keep or harbor a dog of licensing
age shall, in the month of January, apply for and procure from the
Municipal Clerk a license and official 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.
[1972 Code § 59-4; Ord. No. 921; Ord. No. 1218; Ord. No. 1259; Ord. No.
1504-90; Ord. No. 2018-07 § 1; Ord. No. 2180-15]
a.
All persons applying for licenses and registration tags shall pay an annual fee as stated in Chapter 16, Fees for each spayed dog and the fee as stated in Chapter 16, Fees, for each nonspayed dog to be licensed, which fee shall include the license fee, clinic fee, registration fee and cost of tags to be issued for each dog. All licenses and registration tags, and renewals thereof, shall expire on the first day of January of each year. In the event a license and registration tag is not obtained by January 31, a late fee as stated in Chapter 16, Fees, will be imposed.
b.
Only one license and registration tag shall be required in any licensing
year for any dog owned in New Jersey, and such license and tag shall
be accepted by the Borough as compliance with this section.
c.
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.
[1972 Code § 59-5]
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 10 days after such acquisition
or age attainment.
[1972 Code § 59-6]
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; also the name, street and
post office address of the owner and the person who shall keep or
harbor such dog and proof of rabies vaccination. The information on
the application and the registration number issued for the dog shall
be preserved for a period of three years by the Clerk or other local
official designated to license dogs in the Borough. In addition he/she
shall forward to the State Department of Health each month, on forms
furnished by the State Department, an accurate account of registration
numbers issued or otherwise disposed of. Registration numbers shall
be issued in the order of the applications.
[1972 Code § 59-7]
a.
Any person who shall bring or cause to be brought into the Borough
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 Borough for a period of more than 90 days, shall
immediately apply for a license and registration tag for each such
dog.
b.
Any person who shall bring or cause to be brought into the Borough
any unlicensed dog and shall keep the same or permit the same to be
kept within the Borough limits for a period of more than 10 days shall
immediately apply for a license and registration tag for each such
dog.
[1972 Code § 59-8]
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.
[1972 Code § 59-9]
License fees and other moneys collected or received under the
provisions of this section shall be forwarded to the Treasurer of
the Borough within 30 days after collection or receipt and shall be
placed in a special account separate from any of the other accounts
of the Borough and which shall be used for the following purposes
only: for collecting, keeping and disposing of dogs liable to seizure
under this section; for local prevention and control of rabies; for
providing antirabic treatment under the direction of the Borough Council
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 section.
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 Borough 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.
[1972 Code § 59-11]
No person owning, keeping or harboring any dog shall suffer
or 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 Borough.
[1972 Code § 59-12]
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 Borough unless such dog is securely confined and controlled
by an adequate leash.
[1972 Code § 59-13; Ord. No. 887]
No person owning, keeping, harboring, walking or in charge of
any dog shall cause, suffer, permit or allow such dog to do any injury
or to do any damage to any lawn, shrubbery, flowers, grounds or property
of persons in the Borough other than the owner or person having the
care, custody or control of such dog.
[1972 Code § 59-14; Ord. No. 887]
No person owning, harboring, keeping, walking or in charge of
any dog shall cause, suffer, permit or allow such dog to soil, defile,
defecate on or commit any nuisance on any common thoroughfare, street,
sidewalk, passageway, road, bypath, play area, park or any place where
people congregate or walk or upon any boardwalk, beach or beachfront
in this Borough, or upon any public property whatsoever, or upon any
private property without the permission of the owner of the private
property in the last instance. If any such person shall permit such
dog to soil, defile, defecate on or commit any nuisance on the areas
aforesaid, he or she shall immediately remove all feces and droppings
deposited by such dog, which removal shall be in a sanitary manner
by shovel, container, disposal bag, etc., and the feces and droppings
shall be removed by the person from the aforesaid designated areas
and disposed of by the person in a sanitary manner.
[1972 Code § 59-15; Ord. No. 1504-90; Ord. No. 1670-95]
No person shall own, keep, possess or harbor any dog which by
frequent or habitual howling, barking or other noisemaking causes
a noise disturbance. The provisions of this restriction shall also
apply to all private or public facilities, including any animal or
dog pound, which holds or treats dogs. A barking dog is defined as
a dog barking continuously for 10 minutes or intermittently for 30
minutes.
[1972 Code § 59-17; Ord. No. 874; Ord. No. 1593-93; amended 11-16-2020 by Ord. No.
2317-20]
a.
No dog shall be allowed upon the boardwalk or its approaches maintained
by the Borough east of First Avenue, or upon the beach east of the
boardwalk, whether the dog be on a leash or otherwise during the period
between April 16 and September 30. The owner of any dog under the
control of a leash may utilize the beach east of the boardwalk, and
the approaches and boardwalk for access only, between October 1 and
April 15.
b.
Dogs are prohibited at all times from public parks and playgrounds.
[Ord. No. 2110-12 § 1]
This section shall be enforced by the Police Department, Zoning
Officer, Code Enforcement Officer of the Borough of Manasquan, or
the Animal Control Officer/Entity contracted with the Borough of Manasquan.
[Ord. No. 2089-11 § 1; Ord. No. 2110-12 § 2]
Any person who violates this section or fails to comply with
any of its requirements shall, upon conviction of a first offense
thereof, be subject to a fine in the amount of $150. Any violator
convicted of a second or subsequent offense under this section shall
be subject to a fine in the amount of $300.
|
Cats
|
[1972 Code § 71-1]
Shall mean dog or cat.
Shall mean any person or agency designated or certified by
the State of New Jersey to enforce the provisions of this chapter.
Shall mean any member of the domestic feline species; male,
female, or altered.
Shall mean any cat which has attained the age of seven months
or which possesses a set of permanent teeth.
Shall mean any room or group of rooms, cage, or exhibition
pen, not part of a kennel, wherein cats for sale are kept or displayed.
Shall mean rendered permanently incapable of reproduction
as certified by a licensed veterinarian.
When applied to the proprietorship of a cat, shall include
every person having a right of property (or custody) in such cat and
every person who has such cat in his/her keeping, or who harbors or
maintains a cat or knowingly permits a cat to remain on or about any
premises occupied by that person.
Shall mean any individual, corporation, partnership, organization,
or institution commonly recognized by law as a unit.
[1972 Code § 71-2]
a.
Vaccination and License Requirements. Vaccination and License Requirements.
No person shall own, keep, harbor, or maintain any cat over seven
months of age within the Borough, unless such cat is vaccinated.
[Amended 6-7-2021 by Ord. No. 2358-21]
b.
Vaccination. All cats shall be vaccinated against rabies by a licensed
veterinarian in accordance with the latest "Compendium of Animal Rabies
Vaccines and Recommendations for Immunization" published by the National
Association of State Public Health Veterinarians, except as provided
for in paragraph d.
c.
Vaccination Certificate. A certificate of vaccination shall be issued
to the owner of each animal vaccinated on a form recommended by the
State.
d.
Exemptions. Any cat may be exempted from the requirements of such
vaccination for a specified period of time by the local Board of Health,
upon presentation of a veterinarian's certificate stating that because
of an infirmity or other physical condition, or regimen of therapy,
the inoculation of such cat shall be deemed inadvisable.
[1972 Code § 71-3; Ord. No. 1962-05 § 1; Ord. No. 2180-15; Ord. No. 2216-2016;
repealed 6-7-2021 by Ord. No. 2358-21]
[1]
Editor's Note: Ord. No. 2358-21 repealed former subsection
5-9.2 which contained licensing requirements for cats.
[Ord. No. 1707-96 § 2]
No person owning, keeping, harboring, walking or in charge of
any cat shall cause, suffer, permit or allow such cat to do any injury
or to do any damage to any lawn, shrubbery, flowers, grounds or property
of persons in the Borough other than the property of the owner or
person having the care, custody or control of such cat.
[Ord. No. 1707-96 § 3]
No person owning, harboring, keeping, walking or in charge of
any cat shall cause, suffer, permit or allow such cat to soil, defile,
defecate on or commit any nuisance on any common thoroughfare, street,
sidewalk, passageway, road, bypath, play area, park or any place where
people congregate or walk 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 such private
property.
[Ord. No. 1707-96 § 4]
The Borough may revoke a license if the person holding the license
refuses or fails to comply with this section, or fails to maintain
the quarters where cats are kept in a clean and sanitary condition
so as not to create a health hazard or disturbance by reason of noise,
odor or other cause, the regulations promulgated by the local Board
of Health, the Borough or any State or local law governing cruelty
to animals or the keeping of animals.
[Ord. No. 2026-08]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned, operated
or controlled by the Borough of Manasquan, so as to protect public
health, safety and welfare, and to prescribe penalties for failure
to comply.
[Ord. No. 2026-08]
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.
Shall mean 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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 2026-08]
No person shall feed, in any public park or on any other property
owned, operated or controlled by the Borough of Manasquan, any wildlife,
excluding confined wildlife (for example, wildlife confined in zoos,
parks or rehabilitation centers, or unconfined wildlife at environmental
education centers).
[Ord. No. 2026-08]
[Ord. No. 2026-08]
Any person who violates this section or fails to comply with
any of its requirements shall, upon conviction thereof, be subject
to the maximum fines and penalties established under N.J.S.A. 40:49-5
and as same may be amended from time to time. Each and every day a
violation of this section shall exist shall constitute a separate
violation.
[Ord. No. 2121-12]
Shall mean a person who owns or operates a pet store, or
both.
Shall mean a retail establishment open to the public wherein
animals, including, but not limited to, dogs or cats, are kept or
displayed chiefly for the purpose of sale to individuals for personal
appreciation and companionship rather than for business or research
purposes.
Shall mean an establishment for the confinement of dogs or
other animals seized either under the provisions of N.J.S.A. 4:19-15.1
et seq. or otherwise.
Shall mean any establishment where dogs or other animals
are received, housed and distributed.
[Ord. No. 2121-12]
No pet shop or pet shop operator shall sell, offer for sale,
barter, auction, breed or otherwise dispose of dogs, cats or both
in the Borough of Manasquan. Nothing contained herein shall prohibit
a shelter, pound or other establishment from keeping, displaying,
selling or otherwise transferring any dog, cat or both that has been
seized, rescued or donated.
[Ord. No. 2121-12]
a.
Any person who violates, fails or refuses to comply with the provisions
of this section shall be subject to a fine of not more than $2,000
for each separate offense or confinement in the Monmouth County Jail
for a period of not more than 90 days or community service for a period
of not more than 90 days or any combination of fine, imprisonment
and/or community service as determined at 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 subject
to penalties as provided herein for each separate offense.
b.
The violation of any one or more provisions of this section shall
be subject to abatement, summarily by a restraining order or by injunction
issued by a court of competent jurisdiction.
[Ord. No. 2261-18]
For the purpose of this section, the following terms shall have
the meaning set forth in this section. When not inconsistent with
the context, words used in the present tense include the future, words
in the plural number include the singular, words in the singular number
include the plural, and words in the male gender include the female
gender.
Means that an owner or caregiver has forsaken a domesticated
cat entirely, or has neglected or refused to provide care and support
to the cat.
Means a person employed or appointed by the Borough who is
authorized to investigate violations of laws and regulations concerning
animals, and to issue citations in accordance with New Jersey law
and this Code.
Means any person who provides food, water or shelter to or
otherwise cares for a cat.
Means a tagged, notched or tipped left ear as performed by
a licensed veterinarian.
Means a group of cats that congregates, more or less, together
as a unit. Although not every cat in a colony may be feral, any non-feral
cats that congregate with a colony shall be deemed to be a part of
it.
Means a cat that is not socialized to humans and is not appropriate
as an inside companion for humans.
Means a cat that is socialized to humans and is appropriate
as a companion for humans.
Spaying and neutering the cats to stabilize the population
of the feral cat colony.
Means disturbing the peace by (a) habitually or continually
howling, crying or screaming or (b) the habitual and significant destruction,
desecration or soiling of property against the wishes of the owner
of the property.
Means any person, firm, corporation, partnership, association,
trust, estate, or any other legal entity.
Is a for-profit or not-for-profit entity, or a collaboration
of individuals with at least one of its purposes being the adoption
or placement of cats in homes with humans to serve as companion animals.
Means a cat that is regularly off the property of the owner,
is not under the physical control and restraint of the owner and is
not regularly provided with food by its owner.
Means shelter that provides protection from rain, sun, and
other elements that is adequate to protect the health of the cat.
Means Trap, Neuter and Return.
Means a program pursuant to which feral and stray cats are
trapped, neutered or spayed, vaccinated against rabies and returned
to the location where they congregate.
Means those diseases transmittable to humans from animals,
including parasitic, bacterial, fungal and viral diseases.
[Ord. No. 2261-18]
a.
Owners of domesticated cats shall provide appropriate and adequate
food, water and shelter for their cats.
b.
The owner of a domesticated cat shall exercise reasonable care to guard against the cat creating a nuisance and shall be subject to the provisions in Section 5-10 Property Damage by Cats in the Borough of Manasquan Code.
c.
The owner of a sexually intact (not spayed or neutered) domesticated
cat shall not permit his/her cat to roam unsupervised.
d.
An owner shall not abandon a domesticated cat.
[Ord. No. 2261-18]
a.
Feral cat colonies shall be permitted and caregivers shall be entitled
to maintain them in accordance with the terms and conditions of this
section.
b.
Sponsorship of Colony TNR Programs.
The Monmouth County Associated Humane Societies is approved
as Sponsor. Other persons may apply to the Borough to serve as colony
TNR Program sponsors. Any person or entity so applying shall comply
with the requirements of this section for sponsors and execute an
Associated Humane Societies approved sponsor contract. Any person
intending to undertake the responsibilities of sponsor shall advise
the Associated Humane Societies in writing and provide his/her/its
address and telephone number.
c.
Sponsor Requirements.
It shall be the duty of the sponsor to:
1.
Review and approve of colony caregivers;
2.
Help to resolve any complaints over the conduct of a colony caregiver
or of cats with a colony;
3.
Maintain records provided by colony caregivers on the size and location
of the colonies as well as the vaccination and spay/neuter records
of cats in the sponsor's colonies;
5.
Register feral cat colonies;
6.
Equally responsible with that of the Animal Control Officer for humanely
capturing, trapping, neutering, vaccinating, identifying and spaying
or neutering feral cats.
7.
Sponsor shall obtain and maintain liability insurance in the minimum
amount of $500,000 for all activities, action and work performed pursuant
to this section and the laws of this state, naming the Borough of
Manasquan as an additional named insured, providing an annual copy
of the declaration of insurance and proof of payment of same.
8.
Sponsor shall agree to forever defend, protect, indemnify and hold
harmless the Borough of Manasquan, its officers, agents and employees
from and against any and all claims, causes of action, injuries, losses,
damages, expenses, fees and costs arising out of or which may arise
out of the creation and operation of the TNR Program for the first
year of program.
d.
Feral Cat Caregiver Requirements. Caregivers are responsible for
the following:
1.
Registering as a feral cat caregiver with the sponsor and the Borough;
2.
Registering the feral cat colony with the sponsor;
3.
Taking steps that are reasonably likely to result in the vaccination
of the colony population for rabies and making reasonable efforts
to update the vaccinations on cats that can be recaptured;
4.
Taking steps that are reasonably likely to further the objective
of the spay/neuter of at least 90% of the colony population;
5.
Providing the sponsor with descriptions of each cat in the colony
and copies of documents evidencing that the cats have been vaccinated
and spayed/neutered;
6.
Providing food, water and, if feasible, shelter for colony cats;
7.
Feed cat colony on a schedule approved by sponsor and return to location
within two hours to clean and maintain area as required;
8.
Observing the colony cats at least twice per week and keeping a record
of any illnesses or unusual behavior noticed in any colony cats;
9.
Obtaining the approval, in writing, of the owner of any property,
to which the caregiver requires access to provide colony cats;
10.
In the event that kittens are born to a colony cat, the caregiver
shall take reasonable steps likely to result in the removal of the
kittens from the colony after they have been weaned, and the placement
of the kittens in homes or foster homes for the purpose of subsequent
permanent placement or with the sponsor for subsequent permanent placement;
11.
Reporting annually in writing to the sponsor on the status of the
colony, including data on the number and gender of all cats in the
colony, the number of cats that died or otherwise ceased being a part
of the colony during the year, the number of kittens born to colony
cats and their disposition and the number of cats and kittens placed
in permanent homes as companion cats;
12.
Obtaining proper medical attention to any colony cat that appears
to require it;
13.
Taking reasonable steps to prevent cats from creating a nuisance
in adjacent properties.
e.
Colony Cat Requirements.
1.
The left ear of a colony cat that has been spayed or neutered and
vaccinated shall be eartipped.
2.
An electronic animal identification device (EAID) shall be inserted
into the cat by a veterinarian in accordance with professional medical
standards. The colony number shall be used for purposes of the EAID.
f.
Disposition of Colony Cats.
1.
An Animal Control Officer or sponsor who has trapped a cat whose
left ear has been tipped or which bears some other distinguishing
mark indicating that it belongs to a feral cat colony shall scan any
cat trapped or picked up for an EAID. If an EAID is found, the officer
shall return the cat to its colony or its owner. If an EAID is not
found, the Officer shall contact the sponsor immediately.
2.
If the cat does not have an EAID then the Animal Control Officer
shall contact the sponsor so the cat can be properly placed in a colony.
If the cat is obviously an owned domestic cat the sponsor shall arrange
for care for the cat until the owner is located and may determine
the disposition of the cat in those circumstances where the domestic
cat's owner cannot be located. If the cat does not have an EAID and
the owner cannot be located, then the sponsor will nevertheless treat
the cat as any stray with a seven day holding period.
g.
Requirements in General.
1.
Unless you are a registered caregiver, it is prohibited to feed feral
cats and/or leave food outdoors on any property within the Borough.
2.
It shall be the responsibility of all residents of Manasquan along
with the sponsor, feral cat caregivers, and all involved individuals
to use due consideration to avoid the taking of rare, threatened or
endangered species under the Endangered and Non-Game Species Conservation
Act, N.J.S.A. 23:2A-1, et seq. and pursuing the actions allowed by
this section.
h.
Registration of Feral Cat Colonies.
1.
The sponsor shall register feral cat colonies maintained by approved
caregivers. Feral cat colonies with the Borough that are not registered
by the sponsor are not entitled to any benefits or protections set
forth in this section. No colonies may be established except in accordance
with this section. On an annual basis the sponsor shall provide the
Borough of Manasquan with a colony management plan for the Borough
containing all registered feral cat colonies with information on the
number of cats, anticipated rate of attrition and the length of project,
efforts to deter predation and to prevent immigration of more cats
into each colony. The list of registered feral cat colonies and the
annual colony management plan shall be filed with the Borough Manager.
[Ord. No. 2261-18]
a.
The Borough shall have the following rights:
1.
The right to seize or remove cats from a colony that have not been
vaccinated against rabies and which are demonstrating signs of the
disease.
2.
The right to seize or remove a cat from a colony that is creating
a nuisance as defined above and the caregiver and sponsor have been
given 30 days to remove and relocate the cat and have failed to do
so.
3.
The right to seize or remove a colony of cats when the caregiver
regularly fails to comply with the requirements of this section and
the sponsor has not been able to obtain a replacement or substitute
caregiver within 30 days of the Borough's notice to the sponsor of
the caregiver's failure to comply with this section.
b.
Nuisance Complaints.
1.
The requirements of this section notwithstanding, Animal Control
Officers, Code Enforcement Officers and Police Officers may investigate
any nuisance complaint.
2.
The provisions of sections 5-1 through 5-9 as well as the provisions of sections 5-10 through 5-10.3 remain in full force and effect and are not to be superseded by the aforesaid provisions. If there is any conflict between this section and the aforesaid ordinance, the ordinances are to be read in concert as they are consistent with protecting the public health, safety and general welfare of the Borough.
[Ord. No. 2261-18]
Not later than December 31, 2018, the Borough of Manasquan shall
study the effectiveness of the TNR program and review the continuance
of this section. This section however shall continue as provided until
specifically rescinded or amended.
