Editor's Note: For regulations concerning pit bulls see Board of Health Chapter 2 at the end of this book.
[Ord. #144-13, Ord. #343; Ord. #546; Ord. #622; Ord. #661;
Ord. #662; 1972 Code § 48-1; New; Ord. #809; Ord. #1000]
The annual license fee for dogs in the Borough shall be $10.80
for each dog to be licensed, in addition to the fee of $1.20 for the
registration tag of each license. Dog owners issued licenses for non-spayed
or non-neutered dogs shall be charged an additional $3 fee. Owners
presenting a statement by a veterinarian that such dog has been sterilized
are exempt from the additional fee of $3. The time for the licensing
of all dogs shall be in the month of January each year. The owner
of a newly acquired dog who has attained licensing age during the
year shall make application for license and registration tags within
10 days after such acquisition or age attainment said registration
tag must be worn by the dog at all times. A late fee of $5 shall be
charged after March 31st of each license year.
A dog shall be of licensing age if such dog has attained the
age of seven months or which possesses a set of permanent teeth.
No license shall be issued for any dog unless the applicant
for the license presents proof of a valid current rabies vaccination
certification.
[1972 Code § 48-1; New; Ord. #814]
a.
Violations of Section; Penalty. Except as otherwise provided in this
section, any person who violates, or who fails or refuses to comply
with this section, shall be liable to a penalty of not less than $50,
nor more than $500, for each offense, to be recovered by and in the
name of the local Board of Health, or by and in the name of the Borough.
[Ord. #144-13; Ord. #343; Ord. #661; Ord. #433; 1972 Code
§ 48-2]
No person who owns or harbors any dog shall allow such dog,
whether registered or not, to run at large in this Borough. Any dog,
when taken off the property of the owner or harborer, shall be on
a leash not longer than eight feet in length.
[1972 Code § 365-9]
No person shall own, keep, possess, or harbor any animal or
animals which, by frequent or habitual howling, barking, meowing,
squawking, or other noise-making, cause a noise disturbance. The provisions
of this section shall also apply to all private or public facilities,
including any animal pounds, which hold or treat animals. A barking
dog is defined as a dog barking continuously for 10 minutes or intermittently
for 30 minutes.
[Ord. #662; 1972 Code § 48-3; § 48-6]
[Ord. #685, 1972 Code § 48-26; New; Ord. #959]
a.
Removal of Feces Required. No person owning, harboring, keeping,
walking or in charge of any pets shall cause, permit or allow such
pets 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 public
property whatsoever, or upon any private property without the permission
of the owner of the private property in the last instance, provided
that said permission does not constitute a violation of Board of Health
standards.
If any person shall permit such pets 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 pets,
which removal shall be in a sanitary manner by shovel, container,
disposal bag, etc., and the feces and droppings shall be removed by
person from the aforesaid designated areas and disposed of by said
person in a sanitary manner that will not endanger the public health,
safety or welfare.
Pets shall be defined as a domesticated animal (other than a
disability assistance animal) kept for amusement or companionship.
[Ord. #959]
a.
FEED
PERSON
WILDLIFE
Definitions. For purposes of this subsection, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this subsection clearly demonstrate
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.
b.
Prohibited Conduct. No person shall feed, in any public park or on
any other property owned and operated by the Borough of Brielle, any
wildlife; excluding confined wildlife (for example wildlife confined
in zoos, parks or recreation centers, or unconfined wildlife at environmental
education centers).
c.
Enforcement. This subsection shall be enforced by the Police Department
and/or the Code Enforcement Officer of the Borough of Brielle. Any
person found to be in violation of this subsection shall be ordered
to cease the feeding immediately.
d.
Penalties. Any person(s) who is found to be in violation of this
subsection shall be subject to a fine not to exceed $50 for the first
offense. Subsequent violations shall result in a fine not to exceed
$200 and/or performance of community service in the Department of
Public Works for a period not to exceed 90 days.
[Ord. #403; Ord. #660; 1972 Code § 48-13]
The Borough shall obtain and maintain the services of a qualified
Animal Control Service to take into custody and impound animals at
large in violation of these regulations.
[Ord. #479; Ord. #531; Ord. #660; 1972 Code § 48-14]
Animals taken into custody by the Animal Control Service so
designated and provided by the Borough shall be under the control
and procedures of such Animal Control Service hired by the Borough.
[Ord. #185; 1972 Code § 48-8]
No owner or other person having the control or management of
any cattle, swine, sheep, goats, domestic rabbits, chickens or fowl
or other animals shall permit such animals to run at-large within
the limits of the Borough.
[Ord. #185; Ord. #433; 1972 Code § 48-10]
[Ord. #510; 1972 Code § 48-18]
In any case in which an animal shall bite a human being in the
Borough, it shall be the duty of the person so bitten to determine
ownership of the animal in question.
[Ord. #510; 1972 Code § 48-19]
If ownership shall be determined, the same shall be reported
to the Secretary of the Board of Health or the Health Officer of the
Borough, who shall instruct the owner as to the procedures for examination
of the animal.
[Ord. #510; 1972 Code § 48-20]
The decision to quarantine and/or examine the animal shall be
based upon the following determinations of the Health Officer:
a.
An aggravated bite shall result in a house quarantine of not less
than 10 days.
b.
An unaggravated bite shall result in penned quarantine of the animal,
in a place designated by the Health Officer, for daily observation
by a licensed veterinarian appointed by the Health Officer. The cost
of the quarantine shall be borne by the owner or owners of the animal
or parents or guardian, if the owner is not of legal age.
c.
In the event of a savage attack, the Health Officer, with the concurrence
of at least one member of the Board of Health, may order the biting
animal sacrificed by a licensed veterinarian and the remains, or portion
thereof, transported to the laboratory of the New Jersey State Department
of Health by the owner. If this is so ordered, the owner of the animal
will bear all transportation costs and any other costs associated
with the sacrifice, sample preparation and/or examination.
[Ord. #510; 1972 Code § 48-21]
a.
If ownership of the animal cannot be determined, or in the case of
a wild animal, the Health Officer shall inform the bitten person (or
in case of a minor, the parent of such person) as to the procedures
to be followed for examination of the animal. The bitten person (or
parents, as the case may be) shall then comply with such procedures
at his or her own cost and expense.
b.
If the persons responsible for examination of the animal shall fail
to perform their duties as herein set forth, then the Health Officer,
with the concurrence of at least one member of the Board of Health,
may direct the Animal Warden to transport the animal to the laboratory
of the New Jersey State Department of Health, and all costs and expenses
incurred by the Borough of Brielle in so doing shall be assessed against
the responsible person.
[Ord. #510; 1972 Code § 48-22]
Obtaining treatment for injuries sustained from a biting animal
in the Borough shall be the responsibility of the person bitten. The
Board of Health of the Borough shall no way be responsible for providing
treatment or for the success of the treatment.
[Ord. #510; 1972 Code § 48-23]
If, within 10 days after receipt of written notice from the
Health Officer, the responsible person shall fail to remit payment
in accordance with the preceding sections of this Chapter, the Health
Officer may file a complaint in Municipal Court against such person.
If the court shall find that person guilty of failure to perform,
pursuant to this Chapter, the Court shall order the person to pay
and reimburse the Borough for all costs as herein set forth, including
reasonable costs of maintaining the action; and the Court may, in
addition, levy a fine not to exceed $100.
[1]
Editor's Note: For additional regulations see Board of
Health Section BH:2-2.
[New]
No person shall be allowed to keep anywhere within the Borough
limits, any horse, cow, pig, goat, sheep, lamb or other wild or domestic
animals that shall produce noise or odors which may be obnoxious or
offensive to the inhabitants of the Borough or part thereof.
[New]
[New]
Every owner or custodian of a dog and/or cat within the Borough
shall be required to have his or her dog and/or cat maintain a current
rabies vaccination on the animal.
[Ord. #786]
As used in this section:
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 section.
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 the agency or department of the Borough or any
designated representative thereof charged with administering the issuance
and/or revocation of permits and licenses under the provisions of
this section.
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 a cat in his or 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.
[Ord. #786]
a.
Vaccination and Licensing Requirements. No person shall own, keep,
harbor or maintain any cat over seven months of age within Brielle
unless such cat is vaccinated and licensed. The provisions of this
section do not apply to cats held in a cattery, or those held by a
State or Federal licensed research facility, or a veterinary establishment
where cats are received or kept for diagnostic, medical, surgical,
or other treatments, or licensed animal shelters, pounds, kennels
or pet shops.
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 conditions, or regimen of
therapy, the inoculation of such a cat shall be deemed inadvisable.
[Ord. #786; Ord. #809; Ord. #865; Ord. #1000]
a.
Cats Must Have License Number Displayed. Any person who shall own,
keep or harbor a cat of licensing age shall annually apply for and
procure from the Clerk of the Municipality or other official designated
by the Governing Body thereof to license cats in the Borough in which
he/she resides, a license and official registration tag with license
number, or a registration sleeve for each cat so owned, kept, or harbored,
and shall place upon such cat a collar, or other device with the license
number securely fastened or displayed thereto. Acceptable methods
of displaying license number shall include, but are not limited to,
break-away or elastic collars. License tags or sleeves are not transferable.
b.
Time for Applying for License. The owner of a newly acquired cat
of licensing age, or of any cat which attains licensing age, shall
make application for license tag or sleeve for such cat within 10
days after such acquisition or age attainment. This requirement will
not apply to a nonresident keeping a cat within Brielle for no longer
than 90 days.
c.
Cats Brought into Brielle. Any person who shall bring, or cause to
be brought into Brielle, any cat licensed in another state or the
current year, and bearing registration tax or sleeve, and shall keep
the same or permit the same to be kept within Brielle for a period
of more than 90 days, shall immediately apply for a license and registration
tag or sleeve for each such cat. Any person who shall bring or cause
to be brought into Brielle any unlicensed cat, and shall keep same
or permit same to be kept within Brielle for a period of time of more
than 10 days, shall immediately apply for a license and registration
tag or sleeve for each such cat.
d.
Application, Contents, Preservation of Information. The application
shall state the breed, sex, age, color and markings of a cat 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 cat. The
information on said application and the registration number issued
for the cat shall be preserved for a period of three years by the
Clerk or other local official designated to license cats in the Borough.
e.
License Forms and Tags. License forms and official tags or sleeves
shall be furnished by the municipality and shall be numbered serially,
and shall bear the year of issuance and the name of the Borough.
f.
Evidence of Inoculation with Rabies Vaccine or Certification of Exemption; Requirement for License. No Municipal Clerk or other official designated by the Governing Body of any Borough to license cats therein shall grant any such license and official registration tag or sleeve for any cat, unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Human Services, or has been certified exempt as provided by paragraph d of subsection 5-8.2. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.
g.
License Fee Schedule. A license shall be issued after payment of
a fee of $15 for each unneutered cat, and $12 for each neutered cat.
Persons who fail to obtain a license as required within the time period
specified in this section, will be subject to a delinquent fee of
$5. The time period specified shall be March 31st of the license year.
h.
Fees, Renewals, Expiration Date of License. License from another
municipality shall be accepted. The person applying for the license
and registration tag and/or sleeve shall pay the fee fixed or authorized.
The fee for the renewal of license and registration tag or sleeve
shall be the same as for the original, and said license, registration
tag or sleeve and renewal thereof shall expire on December 31 in the
following year. Only one license and registration tag or sleeve shall
be required in the licensing year for any cat in Brielle. Any valid
New Jersey license tag or sleeve issued by the New Jersey municipality
shall be accepted by Brielle as evidence of compliance.
i.
Loss of License. If a license tag or sleeve has been misplaced or
lost, the designated Borough official may issue a duplicate license
and/or registration sleeve for that particular cat at a fee of $0.50.
j.
Proof of Licensing. Proof of licensing shall be produced by any person
owning, keeping, maintaining, or harboring a cat upon the request
of any health official, police officer, animal control officer, or
other authorized person.
k.
Interfering with Persons Performing Duties Under This Section. No
person shall hinder, molest or interfere with anyone authorized or
empowered to perform any duty under this section.
l.
Disposition of Fees Collected. License fees and other moneys collected
or received under the provisions of this section shall be forwarded
to the Treasurer of the Municipality, 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 purpose only, collecting, keeping
and disposing of cats liable to seizure, for 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, and for administering the provisions
of this section. Any unexpected balance remaining in such special
account shall be retained 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 said 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.
[Ord. #786]
a.
Violations of Section; Penalty. Except as otherwise provided in this
section, any person who violates, or who fails, or refuses to comply
with this section, shall be liable to a penalty of not less than $50,
nor more than $500, for each offense, to be recovered by and in the
name of the local Board of Health, or by and in the name of the Borough.
[Ord. No. 1060-2017]
Shall mean an animal control center or animal shelter, maintained
by or under contract with any State, County, or municipality, whose
mission and practice is, in whole, or significant part, the rescue
and placement of animals in permanent homes or rescue organizations.
Shall mean any not-for-profit organization which has tax-exempt
status under Section 501(c)(3) of the United States Internal Revenue
Code, whose mission and practice is, in whole or in significant part,
the rescue and placement of animals in permanent homes.
Shall mean a member of the species of domestic cat, Felis
catus.
Shall mean a member of the species of domestic dog, Canis
familiaris.
Shall mean to sell, offer for sale or adoption, advertise
for the sale of, barter, auction, give away or otherwise dispose of
a dog or cat.
Shall mean a retail establishment where dogs and cats are
sold, exchanged, bartered or offered for sale as pet animals to the
general public at retail. Such definition shall not include an animal
care facility or animal rescue organization, as defined.
