[Ord. No. 15-2015]
It is unlawful to chain or tether unneutered/unspayed dogs in
any manner, at any time within the City.
[Ord. No. 15-2015]
This Article
III shall be enforced by any member of the South Amboy Police Department, the Code Enforcement Officer or an Animal Control Officer.
[Added 8-16-2023 by Ord.
No. 11-2023]
A. Purpose. The purpose of this Article is to supplement New Jersey's
Animal Cruelty Act (N.J.S.A. 4:22-17, et seq.).
B. General prohibitions.
(1) No owner or person otherwise charged with the care of a living animal
or creature, shall withhold proper shelter, light, space, protection
from weather, veterinary care, and/or immune care from said animal.
(2) No owner, caretaker, guardian or handler or person otherwise charged
with the care of a living animal or creature shall fail to provide
any animal in their care appropriate edible food and potable drinking
water on a daily basis. Food and water must be provided in an animal
food consumption or water consumption type container, feeder or waterer
appropriate for the animal.
(3) No animal shall be subjected to unnecessary suffering or cruelty
including, but not limited to, prolonged confinement, fear, injury,
pain or physical abuse. Interaction with humans and other animals
shall not be unreasonably withheld.
(4) No animal shall be confined in a parked or standing vehicle or enclosed
trailer for a period of 15 or more minutes when the temperature during
such period is either below 32° F. or above 70° F.
C. Restrictions on leaving animals outdoors.
(1) It shall be unlawful for any person to leave any animal outdoors
and unattended for a continuous period of time greater than 30 minutes
if the National Weather Service has issued weather alerts or storm
warning, or if the temperature during such period is either below
32° F. or above 85° F. The animal shall be considered outside
regardless of access to an outdoor doghouse or similar structure,
unless such structure is a properly functioning climate-controlled
and weather-resistant structure.
(2) No animal shall be left outside during snowstorms, ice storms or
thunderstorms.
D. Outdoor animal enclosures.
(1) All animals shall be provided access to an enclosure/structure appropriate
for their species which offers protection against inclement weather,
is water-resistant and keeps them dry, provides shade from direct
sunlight, and allows the animal to preserve a normal body temperature.
(2) Animals shall not be housed on a temporary or permanent basis in
any enclosure/structure constructed of metal, unless adequately insulated
from inclement weather.
(3) If there are multiple animals, each animal shall be provided with
a separate enclosure/structure.
(4) Outdoor animal enclosures, including pens, doghouses, or other similar
structures shall be soundly constructed, safely and properly positioned
on a raised platform, and properly maintained. The top of the enclosure
shall be covered in a manner to provide the animal with shade and
protection from the elements. The floor of the enclosure shall be
constructed in such a manner that it protects the animals' feet
and legs from injury.
(5) Pet taxis, plastic carriers, boxes, vari-kennels or metal houses
shall not be acceptable as adequate outdoor enclosures.
(6) Outside animal enclosure shall be no less than four feet in height,
no less than 64 feet in square footage and must allow for the animal
to freely turn around, stand, sit, or lie in a normal position. The
animal must be able to lie down while fully extended without the animals'
head, tail, legs, face, or feet touching any side of the enclosure.
The interior height of the enclosure shall be at least six inches
higher than the head of the animal in the enclosure when it is in
a normal standing position.
(7) Outdoor animal enclosures shall contain bedding such as straw or
other absorbent material in a sufficient quantity to provide adequate
insulation for the structure. Bedding shall be maintained in a dry
condition and renewed or changed as necessary.
(8) Outdoor animal enclosure shall be kept dry, clean, and free of animal
waste.
[Added 8-16-2023 by Ord.
No. 11-2023]
It is unlawful to chain or tether unneutered/unspayed dogs in
any manner, at any time within the City.
[Added 8-16-2023 by Ord.
No. 11-2023]
A. Neutered/spayed dogs may be tethered under the following circumstances:
(1) The tether must be at least 15 feet long and have an operative swivel
on both ends, weigh no more than 1/8 of the dog's weight and
be attached to a properly fitted collar or harness.
(2) The tether is attached to the dog by a non-choke type collar and
attached to the stationary object by anchors, latches, or similar
devices in a manner which the dog is able to move freely and prevents
the tether from becoming entangled around the dog or any object so
as to limit the dog's freedom within the tethered area or to
prevent the dog, or any of its appendages, from becoming entangled
or strangled by the tether.
(3) The collar used for tethering may not be a choke chain collar, slip
collar or prong collar.
(4) Chains shall be prohibited for use as a tethering device.
(5) The tether must allow the dog access to proper shelter, sufficient
food and sufficient water.
(6) The tether may not be used in any area where it may be tangled around
an object, such as, but not limited to, a tree, pole, fence or stake.
(7) The tether must restrain the dog within the bounds of the owner's
or custodian's property.
(8) The tether must terminate no less than five feet from any fence,
pool, wall, vehicle, tree or roadway, or other object or obstruction
upon which the animal might harm itself.
(9) Dogs may be tethered for no more than six consecutive hours in any
twenty-four-hour period of time and never between sunset and sunrise.
There is to be a minimum one-hour period between confinements.
(10)
The dog is regularly monitored while tethered for the aforementioned
period of time.
(11)
If there are multiple dogs, each dog shall be tethered separately
and in such a manner that the tethers shall not become entangled with
each other.
(12)
No dog shall be tethered at a vacant structure or premises for
any purpose when it is not monitored by a competent adult who is present
at the property for the duration of such tethering.
(13)
The tethering area shall be clean, clear of obstructions and/or
debris, and no less than 150 square feet/per dog in total area.
(14)
No dog shall be tethered in a location where it may be approached
by and attacked by another animal or people, without the chance to
escape to a protected area.
(15)
No dog that is sick or injured shall be tethered.
[Added 8-16-2023 by Ord.
No. 11-2023]
This Article
III shall be enforced by any member of the South Amboy Police Department, the Code Enforcement Officer, or an Animal Control Officer.
A. In addition to imposing penalties set forth in this chapter, any
officer or agent authorized or empowered to enforce and perform any
duty under this chapter is hereby authorized to go upon any premises
and seize for impounding any animal when such officer reasonably believes
that any provision of this chapter has been violated, except upon
the premises of the owner of the animal if the owner is present and
forbids the entry of the officer or agent, then a warrant shall issue
according to law at the request of such officer or agent.
B. Prior to seizing any animal under this Article, such officer or agent
shall provide written notice to the owner, either in person or by
posting such written notice upon the premises of the nature of the
violation, and
C. Such notice shall contain an order to bring the violation into compliance
with 24 hours of receipt of such notice.
D. Notwithstanding the provisions of §
58-29B(4) above, and recognizing that dangerous conditions can develop and occur in a parked or standing vehicle due to factors other than outdoor temperature, no animal shall be confined in a parked or standing vehicle or enclosed trailer for any period of time unless provision has been made to ensure adequate ventilation and temperature control for the safety of the animal, regardless of the outdoor temperature, and any officer or agent authorized or empowered to enforce and perform any duty under this chapter is hereby authorized and empowered, upon direct observation or credible information that an animal is at serious risk of death or injury due to conditions within a parked or standing vehicle or enclosed trailer, to take such action as may be necessary to remove the animal from the dangerous condition within the vehicle.
[Added 8-16-2023 by Ord.
No. 11-2023]
A. If any animal has been seized for impounding, then the officer or
agent shall notify the Municipal Health Officer immediately that he/she
has seized and impounded the animal. If the identity of the owner
is not known, then the officer shall through a reasonable effort attempt
to determine the identity of the owner of any animal seized and impounded.
If its owner cannot be identified within 14 days, then the animal
shall be made available for adoption.
B. Any owner of any animal removed under this Article may regain possession
of the animal within 14 days upon an adequate showing to the confiscating
officer or agent that the violation has been brought into compliance.
Should an owner fail to adequately show that the violation has not
been brought into compliance within 14 days, then said animal shall
be made available for adoption.
[Added 8-16-2023 by Ord.
No. 11-2023]
A. Any person, corporation, occupant or entity who or which violates or fails to comply with any provision of this Article
III or who unlawfully impedes or obstructs any authorized officer in enforcing this Article shall, upon conviction, be subject to the following penalties:
(1) For a first offense, $250 for each violation;
(2) For a second offense, $450 for each violation;
(3) For a third and subsequent offense, not less than $500 nor more than
$1,000 for each violation, with court appearance required, and be
subject to a jail term of up to 10 days.
B. Each day a particular violation continues shall constitute a separate
offense.