[1969 Code § 7-1; Ord. No. 90-20 § 1; Ord. No. 2005-08 § I]
As used in this chapter:
Shall mean cat, dog, pet or other domestic animal.
Shall mean any person or agency designated or certified by
the Borough to enforce the provisions of this section.
Shall mean any member of the domestic feline species, male,
female or altered.
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.
Shall mean any person exercising control over a dog or permitting
a dog to remain on premises under his control.
Shall mean the agency or department of the Borough or any
designated representative thereof charged with administering the issuance
or revocation of permits, licenses and/or registrations under the
provisions of this section.
When applied to the proprietorship of an animal shall mean
and include every person having a right of property in such cat and
every person who has such cat in his or her keeping or knowingly permits
a cat to remain on or about any premises occupied by that person.
When applied to the proprietorship of a dog shall mean and
include every person having a right of property in such dog and every
person who has such dog in his keeping.
Shall mean any room or group of rooms, cage or exhibition
pen, not part of a kennel, wherein dogs for sale are kept or displayed.
Shall mean an establishment for the confinement of dogs seized
either under the provisions of this section or otherwise.
Shall mean any establishment where dogs are received, housed
and distributed without charge.
Shall mean any dog which has been declared by a Judge to
be a vicious dog which has attacked or bitten any human being, or
which habitually attacks other dogs or domestic animals.
[1969 Code §§ 7-2, 7-7.1, 7-7.2]
a.
When Required. Licenses shall be required for the following dogs
of licensing age:
1.
Any dog owned or kept within the Borough by a resident of the Borough
on January 1 of any calendar year.
2.
Any dog acquired by any person during the course of any calendar
year and kept within the Borough for more than 10 days after acquisition.
3.
Any dog attaining licensing age during the course of the calendar
year.
4.
Any licensed dog brought into the Borough by any person and kept
within the Borough for more than 10 days.
5.
Any dog licensed by another State brought into the Borough by any
person and kept within the Borough for more than 90 days.
b.
Application for License.
1.
Each application for a license under this section shall give the
following information:
2.
Registration numbers shall be issued in the order in which applications
are received.
3.
Applications for licenses for dogs which are required to be licensed
by the provisions of paragraph a1 shall be made before February 1
of each calendar year. In all other cases the application for a license
shall be made within 10 days of the day upon which the dog in question
first becomes subject to the provisions of this section.
c.
The person applying for a license shall pay a fee of $3 for each
dog. He shall also pay $1 for the registration tag for each dog. The
same fees shall be charged for the annual renewal of each license
and registration tag.
In addition to the annual dog license fee, the person applying
for a license shall pay a fee of $0.20 for the State "Pilot Clinic
Fund" and this amount shall be remitted to the Community Health Services,
Department of Health, State of New Jersey. For all dogs that are licensed
and are of a reproductive age which have not had their reproductive
capacity permanently altered through sterilization, the person applying
for the license shall pay an additional sum of $3 and this amount
shall be designated for the "Animal Population Control Fund" and remitted
to the Community Health Services, Department of Health, State of New
Jersey.
d.
Expiration Date. Each dog license and registration tag shall expire
on January 31 of the calendar year following the calendar year in
which it was issued.
e.
Wearing of Registration Tag. All dogs required by the provisions
of this section to be licensed shall wear a collar or harness with
the registration tag for such dog securely fastened thereto.
f.
Use of Registration Tags. 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.
g.
License Record. The information on all applications under this section
and the registration number issued to each licensed dog shall be preserved
for a period of three years by the Municipal Clerk. In addition, he
shall forward similar information to the State Department of Health
each month on forms furnished by that Department.
h.
Exceptions. The provisions of this subsection shall not apply to
the Borough Canine Corporation. 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 or keeper shall not be
required to pay any fee.
[1969 Code § 7-7; Ord. No. 73-5; Ord. No. 74-8; Ord. No. 04-07 § I; Ord. No. 2005-08 § II]
No person shall own, keep or harbor a dog in the Borough except
in compliance with the provisions of this section and the following
regulations:
a.
Interference with Official Duties. No person shall hinder, molest
or interfere with anyone authorized or empowered to perform any duty
under this section.
b.
Disturbing the Peace. No person shall allow a dog to bark continuously
or for an extended period of time in a manner that annoys the neighbors
and disturbs the peace and tranquility of the neighborhood.
c.
Running-at-Large. 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, public building or other public place within
the Borough. The owner of any dog found running at large shall be
fined a minimum of $15 per each offense.
d.
Leashing of Dogs. 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 accompanied
by a person over the age of 12 years and is securely confined and
controlled by an adequate leash not more than six feet long.
e.
Property Damage. No person owning, keeping or harboring a dog shall
permit or suffer it to do any injury, or to do any damage to any lawn,
shrubbery, flowers, grounds or property.
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Further, no person owning, harboring, keeping, walking or in
charge of any animal shall cause, suffer, permit or allow such animal
to soil, defile, defecate on or commit any nuisance on any common
thoroughfare, street, sidewalk, passageway, road bypass, play area,
park or any place where people congregate or walk or upon any boardwalk,
beaches, or beach front 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 animal to soil, defile, defecate on or commit
any nuisance on the areas aforesaid, he shall immediately remove all
feces and droppings deposited by such animal, which removal shall
be in a sanitary manner by a shovel, container, disposal bag, 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.
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[1969 Code § 7-6]
a.
Causes for Impounding. The Dog Warden shall take into custody and
impound or cause to be taken into custody and impounded, any of the
following dogs:
1.
Any unlicensed dog running at large in violation of the provisions
of this section.
2.
Any dog off the premises of the owner of or the person keeping or
harboring such dog which the poundmaster or his agent has reason to
believe is a stray dog.
3.
Any dog off the premises of the owner of or the person keeping or
harboring the dog without a current registration tag on its collar.
4.
Any female dog in season off the premises of the owner of or the
person keeping or harboring such dog.
b.
Access to Premises. Any officer or agent authorized or empowered
to perform any duty under this section is hereby authorized to go
upon any premises to seize for impounding any dog which he may lawfully
seize and impound when such officer is in immediate pursuit of such
dog, except upon the premises of the owner of the dog if the owner
is present and forbids same.
c.
Notice of Seizure. If any dog so impounded or seized wears a registration
tag, collar or harness having inscribed thereon or attached thereto
the name and address of any person or the owner of, or the person
keeping or harboring the dog is known, the Dog Warden shall immediately
serve on the person whose address is given on the collar, or on the
person owning, keeping or harboring the dog, 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 days after the service of
the notice.
A notice under this subsection 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 mail 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.
Disposition of Unclaimed Dogs. The Dog Warden is authorized and empowered
to cause the destruction of any unclaimed dog, in as humane a manner
as possible, under any of the following contingencies:
1.
When any dog so seized has not been claimed by the person owning,
keeping or harboring such dog within seven days after notice or within
seven days of the dog's detention when notice has not been or
cannot be given, as set forth in the previous paragraph.
2.
If the person owning, keeping or harboring any dog so seized has
not claimed the dog and has not paid all expenses incurred by reason
of its detention, including maintenance, not to exceed $3.50 for the
first day, and $1 per day for each additional day.
3.
If the seized dog is unlicensed at the time of its seizure and the
person owning, keeping or harboring such dog has not produced a license
and registration tag as provided in this section.
[1969 Code § 7-5]
a.
Complaint; Investigation; Report. It shall be the duty of the Police Department to receive and investigate complaints against dogs. If they deem any dog complained of to be a vicious dog, as defined in Section 8-1, they shall report their findings in writing to the Municipal Judge.
b.
Notice; Hearing. The Municipal Judge shall notify in writing the
owner or keeper of an allegedly vicious dog that a complaint has been
made and require such person to appear before him at a stated time
and place for a hearing. The Judge shall conduct the hearing in the
same manner as he would conduct the trial of a criminal case. If the
judge decides that the dog complaint of is a vicious dog, he shall
so notify the owner or keeper of the dog.
c.
Control of Vicious Dogs. No person owning or keeping a dog which
has been determined to be a vicious dog shall permit such dog to be
off the property of the owner or keeper without being securely muzzled.
[Ord. No. 81-9]
License fees and other monies collected or received under the
provisions of this section, except the registration tag fees, shall
be forwarded to the Borough Treasurer within 48 hours after collection
or receipt, and shall be placed in a special account separate from
any of the other accounts of the Borough and shall be used for the
following purposes only: collecting, keeping and disposing of dogs
liable to seizure under this section; local prevention and control
of rabies; 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; all other purposes prescribed by the statutes
of New Jersey governing this 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.
The registration tag fee of $1 for each dog shall be forwarded
within 30 days after collection by the Treasurer to the State Department
of Health.
[1969 Code § 7-4]
The Dog Warden shall annually cause a canvass to be made of
all dogs owned, kept or harbored within the Borough and shall report
to the Clerk, the Borough Board of Health 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 dogs,
the number of licensed dogs owned, kept or harbored by each person,
together with the registration number of each dog; the number of unlicensed
dogs owned, kept or harbored by each person, together with a complete
description of each unlicensed dog.
[1969 Code § 7-8]
The Borough Council shall have the power to appoint a Dog Warden
whose duty it shall be to enforce the provisions of this section.
The Borough Council shall also have the power to appoint one or more
persons, to be known as dog catchers, who may impound unlicensed dogs
running at large in violation of the provisions of this section.
[1969 Code § 7-9]
Any person who shall violate any provision of this section,
upon conviction thereof, shall forfeit and pay a fine of not less
than $5 for each and every offense, except that for the first offense
of failure to secure a license, the penalty shall be not less than
$1 and not more than $50.
[Ord. No. 90-20 § 1]
a.
Any person who shall own, keep, harbor or maintain an animal of registering
age shall annually apply and procure from the Borough Clerk a registration
for each animal owned, kept, harbored or maintained.
b.
The owner of any newly acquired animal of registration age, or of
any animal which attains registration age, shall make application
for a registration for each animal within 10 days after such acquisition
or age attainment. This requirement shall not apply to a nonresident
keeping an animal within the Borough for not longer than 90 days.
c.
Any person who shall bring, or cause to be brought into the Borough,
any animal registered or licensed in another state for the current
year, and bearing registration or license 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 registration for such animal.
d.
Any person who shall bring or cause to be brought into the Borough
an unlicensed animal and shall keep same or permit same to be kept
within the Borough for a period of more than 10 days shall immediately
apply for a registration for each such animal.
[Ord. No. 90-20 § 1]
The application for license shall state the breed, sex, age,
color and markings for the animal for which registration is sought
and whether it is of long or short haired variety; also the name,
street and post office address of the owner(s) or the person(s) who
shall keep or harbor such animal.
[Ord. No. 90-20 § 1]
Registration forms furnished by the Borough shall be numbered
serially and shall bear the year of issuance and the name "Borough
of Surf City." The forms shall be in three parts for distribution
as follows:
[Ord. No. 90-20 § 1]
a.
A registration shall be permitted after compliance with the requirements
of this section and payment of a $1 registration fee per animal.
b.
Only one registration shall be required in the licensing year for
any animal in the Borough.
c.
The fee for the renewal of a registration shall be the same as for
the original registration.
[Ord. No. 90-20 § 1]
Registrations shall expire on December 31 of each calendar year
and shall be renewed before February 1 of each calendar year.
[Ord. No. 90-20 § 1]
The Borough Clerk shall not grant any registration for any animal
unless the owner thereof provides evidence that the animal to be registered
has been inoculated with a rabies vaccine of the type approved by
and administered in accordance with the recommendations of the United
States Department of Agriculture and the United States Department
of Human Services or has been certified exempt as provided by subsection
8-2.11 of this section. The rabies inoculation shall be administered
only by a licensed veterinarian.
[Ord. No. 90-20 § 1]
Proof of registration shall be produced by any person owning,
keeping, maintaining or harboring an animal, upon request of any Health
Official, Police Officer, Animal Control Officer or other such authorized
person.
[Ord. No. 90-20 § 1]
No person shall own, keep, harbor or maintain any animal over
seven months of age within the Borough unless such animal is vaccinated
and registered.
[Ord. No. 90-20 § 1]
All animals 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 Public Health Veterinarians except as provided for
in subsection 4.
[Ord. No. 90-20 § 1]
A certificate of vaccination shall be issued to the owner of
each animal so vaccinated by a licensed veterinarian.
[Ord. No. 90-20 § 1]
Any animal 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 certification stating that because of an infirmity
or other physical condition, or regime of therapy, the inoculation
of such animal shall be deemed inadvisable.
[Ord. No. 90-20 § 1]
No person shall own, keep or harbor a cat in the Borough except
in compliance with the provisions of this section and the following
regulations.
a.
Interference With Official Duties. No person shall hinder, molest
or interfere with anyone authorized, or empowered to perform any duty
under this section.
b.
Property Damage. No person owning, keeping or harboring a cat shall
permit or suffer it to do any injury or to do any damage to any lawn,
shrubbery, flowers, grounds or property.
[Ord. No. 90-20 § 1]
a.
Cause for Impounding. The Animal Control Officer or other such authorized
person shall take into custody and impound or cause to be taken into
custody and impounded, any of the following cats:
b.
Access to Premises. Any officer or agent authorized or empowered
to perform any duty under this chapter is hereby authorized to go
upon any premises to seize for impounding any cat which they may lawfully
seize and impound when such officer is in immediate pursuit of such
cat, except upon the premises of the owner of the cat if the owner
is present and forbids same.
c.
Notice of Seizure. If any cat so impounded wears identification having
inscribed thereon or attached thereto the name and address of any
such person or the owner, or the person keeping or harboring the cat
is known, the Animal Control Officer shall immediately serve on the
person whose address is given or to the person owning, harboring or
keeping the cat, a notice in writing stating that the cat has been
seized and will be liable to be disposed of or destroyed if not claimed
within seven days after the service of the notice.
A notice under this subsection 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 mail 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.
Disposition of Unclaimed Cats. The Animal Control Officer is authorized
and empowered to cause the destruction of any unclaimed cat, in as
humane a manner as possible, under the following contingencies:
1.
When any cat so seized has not been claimed by the person owning,
keeping or harboring such cat within seven days after notice or within
seven days of the cat's detention when notice has not been or
cannot be given, as set forth in the previous subsection.
[Ord. No. 90-20 § 1]
Registration fee and other monies collected or received under
the provisions of this section shall be forwarded to the Borough Treasurer
within 48 hours after collection or receipt and shall be placed in
a special account separate from any of the other accounts of the Borough
which is currently designated as the Dog License Account and shall
be used for the purpose as designated in subsection 8-1.6 of the Revised
General Ordinances of the Borough of Surf City and shall include cats.
[Ord. No. 90-20 § 1]
The Borough Council shall have the power to appoint an Animal
Control Officer or any other such person or persons, whose duty it
shall be to enforce the provisions of this section.
[Ord. No. 90-20 § 1]
Any person who shall violate any provision of this section,
upon conviction thereof, shall forfeit and pay a fine of not less
than $5 nor more than $50 for each and every offense.
