[Adopted 12-5-1941 by Ord. No. 41-7]
A.
DOG
DOG OF LICENSING AGE
KENNEL
OWNER
PERSON
PET SHOP
POUND
SHELTER
Words and terms defined. The words hereinafter defined shall have
the meaning herein indicated for the purposes of this Article as follows:
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
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 a dog, includes every
person having a right of property in such dog and every person who
has such dog in his keeping.
An individual, firm, partnership, corporation or association
of persons.
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.
B.
Word usage. The words "and" and "or" may be used interchangeably,
and either of the two may be applicable, whichever is more conducive
toward the effectuating of this Article. Personal pronouns shall mean
either the singular or the plural, whichever is applicable and conducive
toward the effectuating of this Article.
No person shall keep or harbor any dog within the Borough of
Neptune City, in the County of Monmouth, without first obtaining a
license therefor, to be issued by the Clerk of the borough upon application
by the owner and payment of the prescribed fee, and no person shall
keep or harbor any dog in said borough except in compliance with the
provisions of this Article.
Any person who shall own, keep or harbor a dog of licensing
age shall in the month of January 1942, and annually thereafter, apply
for and procure from the Clerk of the borough a license and official
metal 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.
[Amended 1-23-1950 by Ord. No. 50-1; 11-23-1970 by Ord. No. 70-8, 10-28-1974 by Ord. No. 74-5; 8-9-2004 by Ord. No. 2004-13]
A.
The person applying for either the initial license and registration
tag or for the annual renewal of said license and registration tag,
shall pay a fee per animal of $13 for spayed/neutered or shall pay
a fee of $16 per animal for nonspayed/nonneutered. Each license registration
tag and renewal thereof shall expire on the last day of January in
each year. A late fee of $5 shall be assessed if a renewal fee is
paid after January 31.
[Amended 8-24-1981 by Ord. No. 81-11; 5-9-1988; 7-27-1992 by Ord. No.
1992-9; 11-28-1994 by Ord. No. 1994-10; 10-26-2007 by Ord. No. 2007-15]
B.
Dogs used as guides for blind persons and commonly known as "Seeing
Eye" dogs shall be licensed and registered as other dogs hereinabove
provided for, except that the owner or keeper of each dog shall not
be required to pay any fee therefor.
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 10 days after such acquisition
or age attainment.
The application shall conform with the requirements of N.J.S.A.
4:19-15.5.
A.
Any person who shall bring or cause to be brought into the Borough of Neptune City, in the County of Monmouth, 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, unless such dog is licensed under § 43-9 of this Article.
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 for a period of more than 10 days, shall immediately apply for a license and registration tag for each such dog, unless such dog is licensed under § 43-9 of this Article.
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.
A.
Any person who keeps or operates or proposes to establish a kennel,
a pet shop, a shelter or a pound shall apply to the Clerk of the borough
for a license entitling him to keep or operate such establishment.
B.
The application shall describe the premises where the establishment
is located or is proposed to be located and 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
borough, showing compliance with the local and state rules and regulations
governing location of and sanitation at such establishments.
C.
All licenses issued for a kennel, a pet shop, a shelter or a pound
shall state the purpose for which the establishment is maintained,
and all such licenses shall expire on the last day of January of each
year, and they shall be subject to revocation by the Borough Council
on recommendations of the State Department of Health or the Board
of Health of the borough for failure to comply with the rules and
regulations of the State Department or the Board of Health of the
borough governing the same after the owner has been afforded a hearing
by either the State Department or the Board of Health of the borough.
D.
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.
[Amended 12-13-1982 by Ord. No. 82-9; 8-9-2004 by Ord. No. 2004-13]
The annual license fee for a kennel providing accommodations
for 10 or less dogs shall be $35 and for more than 10 dogs, $50. The
annual fee for a license for a pet shop shall be $35. No fee shall
be charged for a shelter or pound.
No dog kept in a kennel, pet shop, shelter or pound shall be
permitted off such premises, except on leash or in a crate or other
safe control.
License fees and other moneys collected or received under the
provisions of this Article, except registration tag fees, shall be
handled in compliance with all the provisions of N.J.S.A. 4:19-15.11.
The Clerk of the borough shall forward to the State Department
of Health a list of all kennels, pet shops, shelters and pounds licensed
within 30 days after the licenses therefor are issued, which list
shall include the name and address of the licensee and the kind of
license issued.
The agent for the borough appointed from time to time by the
Mayor and Council shall promptly after February 1, 1942, and annually
thereafter, cause a canvass to be made of all dogs owned, kept or
harbored within the limits of the borough and shall report to the
Clerk of the borough, to the Board of Health of the Borough and to
the State Department of Health the result thereof, setting forth in
separate columns the names and addresses of persons owning, keeping
or harboring such dogs, the number of licensed dogs owned, kept or
harbored by each of said persons, together with the registration numbers
of each of said dogs, and the number of unlicensed dogs owned, kept
or harbored by each of said persons, together with a complete description
of each of said unlicensed dogs.
The Borough Council shall have the power to appoint an agent
for the borough to enforce the provisions of this Article, who may
be a local agent of the Society for the Prevention of Cruelty to Animals
or other suitable person.
The agent for the borough appointed from time to time by the
Mayor and Council 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:
A.
Any dog off the premises of the owner or the person keeping or harboring
said dog which said official or his agent or agents have reason to
believe is a stray dog.
B.
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.[2]
[2]
Editor's Note: Original Sections 18(c), as amended 1-23-1959 by Ord. No. 59-1, which immediately followed this subsection and provided for the seizure of female dogs in heat off the premises of their owner and for the maintenance of impounded dogs, was repealed at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
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.
No person shall keep, harbor or maintain any dog which habitually
barks or cries between the hours of 10:00 p.m. and 6:00 a.m.
No person owning, keeping or harboring any dog shall suffer
or permit it to run at large upon the public streets, in any public
park, in any public building or in any other public place within the
Borough of Neptune City.
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 of Neptune City 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.
A.
No person owning, keeping or harboring any dog over the age of two
months shall, during the months of July, August and September in each
year, permit it upon a public highway or outside of the premises occupied
by said owner unless such dog wears a muzzle securely fastened over
its jaws in such a manner that it cannot bite.
B.
The Mayor and Council may also designate any other times during which
dogs outside the premises shall be muzzled, such designation to be
by publication at least three times in a newspaper in which legal
notices of the borough may be published, and after such publication
no person owning, keeping or harboring a dog shall permit it upon
a public highway, public place or outside the premises occupied by
the owner, during the period designated, unless such dog wears a muzzle
securely fastened over its jaws in such a manner that it cannot bite.
[Amended 11-23-1992 by Ord. No. 1992-17; 3-27-2006 by Ord. No. 2006-04]
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.
All dog owners and keepers shall immediately and properly dispose of their dog's solid waste deposited on any property, public or private, not owned or possessed by that person, as further described and defined in Article V of this chapter.
Any dog which has attacked or bitten any human being or which
habitually attacks other dogs or domestic animals is hereby defined
to be a vicious dog for the purpose of this section. It shall be the
duty of the Chief or Acting Chief of the Police Department to receive
and investigate complaints against dogs, and when any dog complained
against shall be deemed by such Chief or Acting Chief of the Police
Department to be a vicious dog, as herein defined, the said officer
shall report the facts to the Municipal Judge of the Borough of Neptune
City, who shall thereupon cause the owner or person harboring such
dog to be notified in writing of the complaint against such dog, and
to appear before said Municipal Judge at a stated time and place.
The Municipal Judge, at the time set for such hearing, shall inquire
into the facts and give all interested persons an opportunity to be
heard, under oath, and to be represented by counsel, and the Municipal
Judge shall decide in accordance with the evidence before him, and
if the Municipal Judge shall decide that such dog complained of is
a vicious dog, as defined by this section, notice of such decision
shall be given to the owner or person harboring such dog. No dog which
has been so determined to be a vicious dog shall be permitted to run
at large or be upon any street or public place in the Borough of Neptune
City except while securely muzzled and under leash, as provided in
this Article, and the owner or person harboring any such vicious dog
who shall suffer or permit such dog to run at large or be upon any
street or public place in said borough while not securely muzzled
and under leash shall be guilty of a violation of this Article.
