Editor's Note: For restrictions on feeding of waterfowl, see Code Section 3-11.
[Ord. #338, A 2]
The purpose of this section is to provide the Borough with the
statutory means to require and enforce the registration, licensing,
regulation, and supervision of all dogs and their owners or keepers
who are either visitors or residents of the Borough. The Mayor and
Council of the Borough recognize the pleasures and, in some cases,
the necessities of safety, protection and guidance that dogs enable
their owners to enjoy. However, the Mayor and Council are also aware
of recent environmental deterioration and the necessity to hinder
and reverse such deterioration before it threatens and endangers the
health, safety and welfare of the citizens and all inhabitants of
West Long Branch.
[Ord. #338, A 3, 4; Ord. #437, A 3]
As used in this section:
Shall mean and include any Borough of West Long Branch Police
Officer or personnel of the Department of Health, or any other person
designated by the Borough Council.
Shall mean and include 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 and include any person exercising control over
a dog or permitting a dog to remain on premises under his control.
Shall mean, when applied to the proprietorship of a dog,
every person having a right of property in such dog and every person
who has such dog in his keeping or possession.
Shall mean and include any dog not on a leash and under the
control of the owner or keeper while outside of the owner's or
keeper's property.
Shall mean any dog or cat which at any time has bitten a
human being, either while upon or off the premises occupied by the
person owning, keeping, harboring or having the custody or possession.
"And" and "or" may be used interchangeably, and either of
the two may be applicable, which-ever is more conducive toward the
effectuating of this Code.
[Ord. #338, A 5]
a.
Any person residing in the Borough who owns, keeps or harbors therein
a dog of licensing age shall annually in the month of January by the
last business day of the month, apply for and procure from the Borough
Clerk or personnel of the Board of Health a license and official metal
registration tag for each such dog and shall place upon each such
dog a collar or harness with the registration tag securely fastened
thereto, provided, however, that in the event such a dog shall be
newly acquired, or in the event that after acquisition a dog shall
attain the licensing age, the initial application for license and
registration tag shall be made within 10 days after the acquisition,
age attainment, or development of teeth, as the case may be.
b.
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 unless such dog be licensed under a kennel, pet shop, shelter
or pound, license issued according to law.
c.
Any person who shall bring or cause to be brought into the Borough from another state any dog of licensing age which is unlicensed or not inoculated consistent with Subsection 5-1.4a, 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 be licensed under a kennel, pet shop, shelter or pound, license issued according to law.
[Ord. #338, A 6; Ord. #435, S 1; Ord. #460; Ord. #O-07-7,
S 1]
a.
No license or official metal registration tag shall be issued for
any dog unless the owner thereof provides evidence that the dog to
be licensed and registered has been inoculated with a rabies vaccination
of a type approved by and administered in accordance with the recommendations
of the United States Department of Agriculture and the United States
Department of Health, Education and Welfare, or has been certified
exempt as provided by regulations of the State Department of Health.
Such vaccination shall be repeated at intervals as provided by regulations
of the State Department of Health, and shall be administered by a
duly licensed veterinarian or by such other veterinarian permitted
by law to do the same.
b.
No license to own, keep, or harbor a dog shall be issued to or in
the name of a minor.
c.
The person applying for the license and registration tag shall pay
annually a fee of $12 for Spayed/Neutered animals and $15 for Non-Spayed/Non-Neutered
animals for the license and the registration tag of each dog annually.
The replacement fee for a lost registration tag is fifty ($.50) cents.
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 such dog shall not be required
to pay any fee therefor.
These fees are in addition to any fees charged by the New Jersey
Pilot Clinic Fund, the New Jersey Registration Fee and the additional
fee to the New Jersey Pet Population Control, the latter of which
is for Non-Spayed/Non-Neutered animals only.
d.
The registration number issued by the Department of Health or Borough
Clerk for each licensed dog shall be on a metal tag, which tag shall
be securely attached to a strap, collar, or harness worn around the
neck or body of each licensed dog. Each tag shall have marked on it
the words "Dog Tag, Borough of West Long Branch, New Jersey" and the
years for which the tag was issued.
e.
No license or official metal registration tag shall be issued unless
an application is submitted to the Borough Clerk or Department of
Health stating the breed, sex, age, color and markings of the dog
for which the license and registration are sought, its name, and the
name, street and post office address of the owner and the person who
shall keep or harbor such dog. The Department of Health or Borough
Clerk shall provide a book or compilation of applications for the
purpose of recording the information in conjunction with the registration
tag number issued and shall be preserved for three years. Registration
numbers shall be issued in the order of the applications.
f.
Each dog license issued for one year will terminate on January 31
of each year.
g.
No license or official metal registration tag shall be issued for
any dog if his owner or keeper and their households maintains, keeps,
or harbors more than three dogs of licensing age at any one time in
any residential housing unit or on its grounds or in any business
establishment or on its grounds, except for properly licensed pet
shops, pounds, or shelters, provided, however, that at the adoption
of this section if any owner or keeper of dogs has more than three
dogs, he will be permitted to keep them. If the number that is presently
registered to that owner or keeper decreases during any one year,
the owner or keeper will not be able to purchase, keep or acquire
another dog.
h.
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.
i.
The person applying for the license and registration tag shall pay,
in addition to any other fees required under this Chapter, such fees
as should have been paid under the provisions of this Chapter for
any prior year(s) not previously paid for. No new license or registration
tag shall be issued until the prior year's or years' required
fees have been paid, in addition to the current year's fees.
[Ord. #338, A 7; Ord. #396, A 1]
No person owning, harboring, keeping or in charge of any dog
shall cause, suffer, or allow such dog to soil, defile, defecate on
or commit any nuisance on any common thoroughfare, sidewalk, passageway,
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 property.
a.
The person who so walks such dog shall immediately remove any feces
deposited by such dog by any sanitary method, device, or contraption
approved by the local health authority.
b.
The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring, keeping or in charge
of any dog walked in accordance with the provisions of this section,
in a sanitary manner approved by the local health authority.
[Ord. #338, A 7; Ord. #396, A 1]
No dog shall bark, howl, or make disturbing noises, to such
an extent that such disturbing noises shall constitute a nuisance
to neighbors or other persons. Any such disturbing noises shall be
presumed to constitute a nuisance prima facie when either an Animal
Control Officer, when called to the scene, in his judgment deems such
barking, or other disturbing noise to be a nuisance, or when two persons,
living in separate dwelling units, who reside within hearing distance
of the dog, shall complain in writing of such barking, howling, or
disturbing noises. The person owning, harboring, keeping, or in charge
of any dog involved in the barking, howling, or making of disturbing
noises shall have the right to rebut the presumption by presenting
evidence at the hearing on any complaint related thereto.
[Ord. #338, A 7; Ord. #396, A 1]
No dog shall run at large off the premises of the person so
keeping, owning or harboring the dog. If a dog is running at large
in violation of this section and one member of the neighborhood has
made notice to the Police Department or an Animal Control Officer
has witnessed the running at large, then the neighbor or Animal Control
Officer shall issue a summons citing the running at large as a violation.
[Ord. #338, A 7; Ord. #396, A 1]
No dog, whether running at large or not, shall chase any vehicle
upon a public street, or injure or damage any lawn, shrubbery, flowers,
grounds, or any property of any person other than its owner's
or keeper's or to behave in any way so as to endanger persons
or property.
[Ord. #338, A 7; Ord. #396, A 1]
No dog shall be off the premises of the person owning, keeping
or harboring it unless accompanied by a person who has the dog securely
confined and controlled by an adequate leash or chain not more than
six (6') feet long, or in a crate, carrying bag or other safe
control.
[Ord. #338, A 7; Ord. #396, A 1]
All dog houses, pens, and structures exclusively for the sheltering
of dogs and dog runs must be at least twenty (20') feet from
all neighboring property lines, provided, however, that at the adoption
of this section any owner or keeper has such a structure within twenty
(20') feet of a neighboring property line, it will be allowed
to remain.
[Ord. #338, A 7; Ord. #396, A 1]
All dog food in storage and otherwise must be so encased so
as to prevent any sanitary or health problems.
[Ord. #338, A 7; Ord. #396, A 1]
All feces must be disposed of at the first available garbage
pickup, wrapped in such a manner so as to be sanitary and within health
regulations. All feces designated for disposal must be kept in a sanitary
manner until such pickup.
[Ord. #396, A I; Ord. #437, S 8]
Where it has been determined by a physician that a person has
been bitten by a dog or cat, the individual, or his parent or guardian
if he is a minor, shall immediately notify the police. When the owner
or keeper of any dog or cat is notified by the police that the dog
or cat has bitten any individual, the owner or keeper of the dog or
cat shall comply with the following procedures:
a.
Have
the dog or cat examined by a licensed veterinarian within 12 hours
of the bite;
b.
Have
the dog or cat kept in quarantine in the owner's home or at a
kennel for a period of 10 days;
c.
At
the end of 10 days, have the dog or cat reexamined by a veterinarian
and a written report of the dog's or cat's state of health
sent to the Board of Health.
[Ord. #437, A 9]
a.
It
shall be the duty of the Animal Control Officer to receive and investigate
complaints against dogs and cats, and when any dog or cat complained
against shall be deemed a vicious dog or cat, as herein defined, the
officer shall serve and file a complaint in the Municipal Court of
the Borough. Pending the disposition of the complaints, the Animal
Control Officer or such other authorized person may order the dog
muzzled and leashed, or the cat either confined to the owner's
or keeper's home or leashed, while being walked, and at all times
confined. This section shall not preclude any citizen from bringing
a complaint to have a dog or cat declared a vicious dog or cat.
b.
The
Municipal Court 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 if the Municipal
Court Judge shall decide that such dog or cat complained of is a vicious
dog or cat, as defined by this section, the owner or person harboring
such dog or cat shall be guilty of a violation of this section. Notice
of such decision shall be given to such owner or person harboring
such dog or cat.
c.
No
dog or cat which has been so determined to be a vicious dog or cat
shall be permitted to run at large, or be upon any street or public
place in the Borough, except while securely muzzled and under leash
in the case of a dog, and under leash in the case of a cat, and the
owner or person harboring any such vicious dog or cat who shall suffer
or permit such dog or cat to be upon any street, public place or private
property in the Borough, other than the property of the owner or private
property of the owner or person harboring such dog or cat, while not
securely muzzled and under leash in the case of a dog, or under leash
in the case of a cat, shall be guilty of a violation of this section.
d.
It
is further provided that if upon the evidence presented and after
an examination by a licensed veterinarian, at the expense of the owner,
the Municipal Court Judge or other judge authorized by law, shall
deem it necessary for the safety of the public, he may order the dog
or cat to be confined at all times upon the property of the owner
in such a manner as will protect all persons who may be upon any public
street, public place or private property in the Borough, other than
the property of the owner. If the Municipal Court Judge shall further
determine upon specific findings of fact based upon the evidence presented
that the safety of the public is not adequately protected by such
confinement, he may order the dog or cat destroyed in a humane manner
by or at the expense of the owner. If the owner or person harboring
the vicious dog or cat shall fail to comply with the order to confine
or destroy the vicious dog or cat, he shall be guilty of a violation
of this section.
[Ord. #338, A 10]
No person shall hinder, molest, or interfere with anyone authorized
to perform any duties under this section.
[Ord. #338, A 11; Ord. #387, S 4; Ord. #437, A 9, 11; Ord.
#O-11-12, S1]
a.
Any person who violates, fails or refuses to comply with the provisions in this section or the rules and regulations promulgated by the State Department of' Health shall be liable to a penalty of not less than $20 nor more than $100 for each offense, to be recovered by and in the name of the local Board of Health of the Borough or by and in the name of the Borough as the case may be, except that for the first offense in cases of Subsection 5-1.3 violations the penalty shall not be less than $10, to be recovered in the same manner; provided licensing and registration does not take place by May 1 of any year.
b.
All licenses and registration tags issued after January 31 or other times specified in Subsection 5-1.3, paragraphs a., b., and c., shall be levied an automatic penalty of one ($1.00) dollar for each month late until May I of any year. If the registration and licenses are not issued to a keeper or owner of any dog after May 1, then the penalty provisions of Section 5-6a would provide such.
c.
The
Borough is authorized to enter into an agreement with a humane society
or other similar association, not organized for pecuniary profit,
which society or association shall take into custody and impound,
and thereafter destroy or dispose of as provided in this section:
1.
Any dog off the premises of the owner or of the person keeping or
harboring the dog which the official or his agent, or agents, have
reasons to believe is a stray dog;
2.
Any dog off the premises of the owner or of the person keeping or
harboring the dog without a correct registration tag on his collar;
3.
If any dog so seized wears a collar or harness having inscribed thereon
or attached thereto the name and address of any person or a registration
tag or the owner or the person keeping or harboring the dog is known,
the society or association shall forthwith serve upon the person whose
address is given on the collar, or on the owner or the person keeping
or harboring the dog, if known, 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.
4.
A notice under this section may be served either by delivering it
to the person on whom it is to be served, or by leaving it at that
person's usual, or last known place of abode, or at the address
given on the collar, or by forwarding it by post 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.
5.
When any dog so seized has been detained for seven days after notice,
when notice can be given as above set forth, or has been detained
for seven days after seizure, when no notice has been given as above
set forth, and if the owner or person keeping or harboring the dog
has not claimed the dog and paid all expenses incurred by reason of
its detention, including maintenance, as established by the dog control,
and if the dog be unlicensed at the time of the seizure and the owner
or person keeping or harboring the dog has not produced a license
and registration for the dog, the society or association may cause
the dog to be destroyed in a manner causing as little pain as possible.
No dog or other animal so caught and detained or procured, obtained,
sent or brought to a pound or shelter shall be sold or otherwise made
available for the purpose of experimentation.
d.
The
Mayor and Council shall have power to appoint an Animal Control Officer
or other designated authority to enforce the provisions of this section.
e.
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.
f.
The
Police Department be and hereby is appointed to annually cause a canvass
to be made of all dogs owned, kept and harbored within the limits
of the Borough and shall report, on or before May 1, to the State
Board of Health the result thereof, setting forth in separate columns
the names and addresses of persons owning and keeping or harboring
unlicensed dogs, the number of unlicensed dogs owned, kept or harbored
by each of the persons, together with a description of each of the
unlicensed dogs.
g.
The
Council may, by proclamation, require all dogs to be quarantined during
such period in each year which may seem advisable to the Council.
[Ord. #338, A 12; Ord. #437, A 12]
In any proceeding before the Borough Municipal Court Judge upon
a complaint duly made and filed in the Municipal Court, if the Court
shall then find that the dog or cat in question has committed the
prohibited act as set forth in this section, then there shall be a
presumption that the defendant owner, keeper, possessor, or harborer
has suffered or permitted the dog or cat to commit the prohibited
acts alleged in the complaint and it shall not be necessary that the
complainant prove the defendant's knowledge, intention, or scienter.
[1]
Editor's Note: Former Section 5-8, Licensing of Goats,
previously codified herein and containing portions of Ordinance No.
28, was repealed in its entirety by Ordinance No. O-14-3.
[1]
Editor's Note: Former Section 5-9, Licensing of Pigs
and Hogs, previously codified herein and containing portions of Ordinance
No. 43, was repealed in its entirety by Ordinance No. O-14-3.
