[Adopted 4-7-1954 by Ord.
No. 105; amended in its entirety 8-9-1988 by Ord. No. 88-16-371]
A. No person shall keep or harbor any dog within the Borough of Pine
Beach, in the County of Ocean, 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.
B. The sum to be paid for a dog license and each renewal thereof, as
authorized in N.J.S.A. 4:19-15.12 shall be a Borough fee of $10.80,
state fee of $1, N.J. Pilot Clinic Fund fee of $0.20 for a total of
$12 and an additional $3 for non-spayed or non-neutered dogs for a
total of $15.
[Amended 4-11-1995 by Ord. No. 95-04-468; 5-9-2002 by Ord. No. 02-08-566; 11-7-2007 by Ord. No. 07-10-655; 6-14-2017 by Ord. No. 17-02-743]
C. Any person who shall own, keep or harbor a dog of licensing age shall
apply for and procure a license and official metal registration tag
for each dog so owned from the Municipal Clerk by March 31 of each
year. The registration tag shall be securely placed upon each such
dog collar or harness. A delinquent fee of $10 shall take effect April
1, in addition to any penalties which may be imposed.
[Amended 6-14-2017 by Ord. No. 17-02-743]
D. Dogs used as guides for blind persons and commonly known as "Seeing
Eye" dogs, as well as service dogs and hearing ear dogs as specified
in N.J.S.A. 4:19-15.3, 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 a fee therefor.
E. Prior to registration and licensing and renewals thereof, the dog
shall be vaccinated for rabies by a licensed veterinarian and a certificate
of vaccination obtained, proof of which shall be required. The duration
of immunity from that vaccination must extend through at least 10
months of the twelve-month licensing period.
[Amended 6-14-2017 by Ord. No. 17-02-743]
F. A dog may be temporarily exempted from the rabies vaccination requirements
for a specified period of time upon presentation of a veterinarian's
certificate stating that due to an infirmity, physical condition or
regimen of therapy, inoculation was medically inadvisable at that
time.
G. The owner of any newly acquired dog of licensing age or of any dog
which has attained the licensing age of seven months or which possesses
a set of permanent teeth shall make application for a license and
registration tag for such dog within 10 days after such acquisition
or age attainment.
H. Any person who shall bring or cause to be brought into the Borough
of Pine Beach, in the County of Ocean, any dog licensed in another
state for the current year and bearing a registration tag and who
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.
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.
No dog, whether licensed or not, shall be permitted to leave
the premises of the person who owns or is entitled to the custody
of such dog unless securely held by a leash in the hands of a person
able to control it, and any person who shall suffer or permit any
dog owned or harbored by him to go upon any street or public place
or upon other premises other than those owned or occupied by him in
the Borough of Pine Beach shall be deemed guilty of a violation 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 of Police or, in his absence, any other officer
of the Police Department to receive and investigate all complaints
against dogs; and when any dog complained against shall be deemed
by the Chief of Police or other officer of the Police Department to
be a vicious dog, as herein described, said officer shall report the
facts to the Municipal Court which shall thereupon cause the owner
or person harboring such dog to be notified to appear before said
Court at a stated time and place. The notification will be in writing,
stating the complaint against such dog. The Court, 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. The Court shall decide in accordance with the evidence
before it, and if the Court shall determine that such dog complained
of is a vicious dog, as defined by this section, notice of such decision
shall be given 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 Pine
Beach except while securely muzzled and under a leash as provided
in this chapter, 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 of Pine Beach while not
securely muzzled and under leash shall be guilty of a violation of
this chapter.
No commercial kennels shall be permitted within the boundaries
of the Borough of Pine Beach.
Unrestrained dogs may be taken by the police or any animal control
officer retained by the borough, impounded in an animal shelter and
there confined in the manner prescribed in N.J.S.A. 4:19-15.14. Impounded
dogs shall be kept for not less than seven days unless reclaimed by
their owners. If by a license or by other means the owner can be identified,
the police or Animal Control Officer shall, immediately upon impoundment,
notify the owner personally, by telephone or by mail of the impoundment
of the dog. Dogs not claimed by their owners within seven days or
placed in suitable new homes may be disposed of by methods prescribed
as humane by the American Veterinary Medical Association and the New
Jersey Veterinary Medical Association by the Animal Control Officer
or by a representative delegated by him to exercise that authority.
An owner reclaiming a dog impounded under §
76-6 of this chapter or any animal impounded for whatever reason shall pay a fee as established by contract between the borough and the animal shelter of not less than $10, plus $4 for each day that the dog has been impounded, to a total minimum fee of $15. The owner may also be proceeded against for violation of this chapter. In addition to or in lieu of impounding a dog found at large, the Animal Control Officer or police officer may issue to the known owner of such dog a summons for ordinance violation.
Every female dog in heat shall be confined in a building or
secure enclosure in such manner that such female dog cannot come into
contact with another dog except for planned breeding.
No owner shall fail to exercise proper control of his dog to
prevent it from becoming a public nuisance. Excessive, continuous
or untimely barking, molesting passersby, chasing vehicles, habitually
attacking other domestic animals, trespassing upon school grounds
or trespassing upon private or public property shall be deemed a nuisance.
No owner shall fail to provide any animal in his control with
sufficient good and wholesome food and water, proper shelter and protection
from the weather, veterinary care when needed to prevent suffering
and with humane care and treatment. No person shall beat, cruelly
mistreat, torment, overload, overwork or otherwise abuse any animal
or cause or permit any animals to engage in combat between themselves
nor shall any owner abandon such animal.
No person shall give away any animal as a prize for or as an
inducement to enter any contest, game or other competition or as an
inducement to enter a place of amusement or offer such animal as an
incentive to enter into any business agreement whereby the offer was
for the purpose of attracting trade.
Any animal which bites a person shall be quarantined on the
premises of its owner under the supervision of the authority designated
by the municipality for the period of time ordered by said authority.
The animal shall be securely confined and kept from contact with any
other person or animals during quarantine. The designated authority
may require, at its discretion, special confinement and order the
animal surrendered to the animal shelter or veterinary hospital at
the owner's expense.
No police officer or other person shall kill or cause to be
killed any animal suspected of being rabid, except after the animal
has been placed in quarantine and the diagnosis of rabies is made
by a licensed veterinarian. If a veterinarian diagnoses rabies in
an animal in quarantine, then the animal shall be humanely killed
and the head of such animal sent to a laboratory for pathological
examination and confirmation of the diagnosis.
[Amended 7-8-2005 by Ord.
No. 05-09-611]
A. Purpose. The purpose of this section is to establish requirements
for the proper disposal of pet solid waste in the Borough of Pine
Beach so as to protect the health, safety and welfare of all those
residing within the borough. It is further the purpose of this section
to prescribe penalties for failure to comply.
B. Definitions. 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.
IMMEDIATE
The pet solid waste is removed at once, without delay.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any
pet or otherwise have custody of any pet, whether or not the owner
of such pet.
PERSON
Any individual, corporation, partnership, firm, association,
or political subdivision of this state subject to municipal jurisdiction.
PET
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Placement in a designated waste receptacle or other suitable
container, and discarded in a refuse container which is regularly
emptied by the municipality or some other refuse collector; or disposal
into a system designed to convey domestic sewage for proper treatment
and disposal.
C. Requirement for disposal. All pet owners and keepers are required
to immediately and properly dispose of their pet's solid waste
deposited on any property, public or private, not owned or possessed
by that person.
D. Exemptions. Any owner or keeper who requires the use of a disability
assistance animal shall be exempt from the provisions of this section
while such animal is being used for that purpose.
E. Enforcement. The provisions of this section shall be enforced by
the Animal Control Officer of the Borough of Pine Beach.
F. Violations and penalty. Any person(s) who is found to be in violation
of the provisions of this section shall be subject to a fine not to
exceed $500 for each and every violation.
[Amended 2-22-2010 by Ord. No. 10-01-677]
No dogs shall be permitted in or upon any of the Boardwalks,
beaches, beachfronts, recreation areas, play areas or public parks
of the borough at any time except as provided in Chapter 55-7, subsection
L.
The Animal Control Officer shall have limited police powers
in the enforcement of this chapter, and no person shall interfere
with, hinder, molest or abuse any Animal Control Officer in the exercise
of such powers.
[Amended 2-22-2010 by Ord. No. 10-01-677]
Any person who violates any provision of this article shall
be punished by a fine of not less than $15 nor more than $200 and
may, in the discretion of the Court, be committed to the county jail
or ordered to perform community service for a period not exceeding
10 days for a first offense or 30 days for a second or subsequent
offense. If any violation is continuing, each day's violation
shall be deemed a separate violation.