[Ord. #2/28/80, § 51-1; Ord. #81-5, § 1]
As used in this chapter:
Shall mean the supervisor of licenses.
Shall mean any dog, bitch or spayed bitch.
Shall mean any dog which has attained the age of six months
or which possesses a set of permanent teeth.
Shall mean any establishment wherein or whereon the business
of boarding or selling dogs or breeding dogs for sale is carried on,
except a pet shop.
Shall mean when applied to the proprietorship of a dog, every
person having ownership of such dog and every person who has such
dog in his keeping.
Shall mean any room or group of rooms, cage or exhibition
pen, not part of a kennel, wherein dogs for sale are kept or displayed.
Shall mean an establishment for the confinement of dogs seized
under the provisions of this section or otherwise.
Shall mean any establishment where dogs are received, housed
and distributed.
Shall mean any dog herein defined that has been rendered
incapable of reproduction as set forth by written verification from
a qualified individual or veterinarian.
Shall mean any dog which has attacked or bitten any person
or which habitually attacks other dogs or domestic animals.
[Ord. #2/28/80, § 51-2; Ord. #89-9, § 1;
Ord. #94-26, § 5; Ord. #2004-10, § 1]
No person shall keep or harbor any dog within the Borough without
registering and obtaining a license therefor, to be issued by the
Borough Clerk upon application by the owner and payment of the prescribed
fee. No person shall keep or harbor any dog in the Borough except
in compliance with the provisions of this section.
a.
Anyone failing to obtain an annual dog license and pay the required
fee therefor by January 31st of any year shall thereafter be required
to pay an additional ten ($10.00) dollar late fee for said license.
[Ord. #2/28/80, § 51-3]
The application shall state the breed, sex, age, color and markings
of the dog 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 dog. The information on the application and the registration
number issued for the dog shall be preserved for a period of three
years by the Borough Clerk. In addition, the Borough Clerk shall forward
to the State Department of Health each month, on forms furnished by
the Department, an accurate account of registration, numbers issued
in the order of the applications.
[Ord. #2/28/80, § 51-4]
Any person who shall own, keep or harbor a dog of licensing
age shall annually, in the month of January, apply and procure from
the Borough Clerk 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.
[Ord. #2/28/80, § 51-5; Ord. #85-26, § 1;7]
The sum of $8 is hereby fixed as the annual dog license fee
for spayed or neutered dogs. If the dog is not spayed or neutered,
then the fee shall be $11 per annum. The licenses, registration tags
and renewals shall expire on the last day of January of the following
year. Of the $8 license fee, $7.50 is the annual license fee payable
to the Borough, and fifty ($.50) cents shall be the annual registration
fee for the State Board of Health.
[Ord. #2/28/80, § 51-6]
Dogs used as guides for blind persons and commonly known as
"seeing eye" dogs shall be licensed and registered as other dogs hereinbefore
provided for, except that the owner or keeper of such dog will not
be required to pay any fee therefor.
[Ord. #2/28/80, § 51-7]
The owner of any newly acquired dog of licensing age or of any
dog which attains licensing age shall make application for license
and registration tag for each dog within 10 days after such acquisition
or age attainment.
[Ord. #2/28/80, § 51-8]
a.
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 or permit the dog 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 dog, unless the dog is licensed under subsection 5-2.2.
b.
Any person who shall bring or cause to be brought into the Borough any unlicensed dog and shall keep or permit the dog 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 dog, unless the dog is licensed under subsection 5-2.2.
c.
Persons who keep or operate kennels, pet shops, shelters or dog pounds,
veterinarians and persons who own or operate animal hospitals shall
report all unlicensed dogs brought to their business or establishment
to the Chief of Police.
[Ord. #2/28/80, § 51-9]
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 which it was not issued.
[Ord. #2/28/80, § 51-10]
a.
There shall be appointed a dog census taker whose duty it shall be
to annually cause a canvass to be made of all dogs owned, kept or
harbored within the limits of the Borough prior to February 1 annually.
The census shall be completed pursuant to Statute, and shall be given
to the Borough Clerk for transmittal to the State Department of Health
on or prior to that date.
b.
The census taker shall keep accurate records of every dog within
the Borough limits, and, for such work, shall be paid an annual fee
of fifty ($.50) cents per registered dog.
[Ord. #2/28/81, § 51-11]
The Animal Warden shall take into custody and impound or cause
to be taken into custody and impound and, thereafter, destroyed or
disposed of as provided in this section:
a.
Any dog off the premises of the owner or of the person keeping or
harboring the dog, which the Warden or his agent has reason to believe
is a stray dog.
b.
Any dog off the premises of the owner or of the person keeping or
harboring the dog, without a current registration tag on his collar.
c.
Any female dog in season off the premises of the owner or of the
person keeping or harboring the dog.
[Ord. #2/28/80, § 51-12]
a.
Any dog so seized that wears a collar or harness having inscribed
thereon or attached thereto the name and address of any persons or
a registration tag, or if the owner or the person keeping or harboring
the dog is known, the Animal Warden shall forthwith serve on 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.
b.
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 the 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 on the collar.
[Ord. #2/28/80, § 51-13; New]
The Animal Warden shall impound all stray and licensed dogs
running at large on the streets of the Borough for a period of seven
days from the date they are impounded unless claimed sooner by the
owner. If the dogs are not redeemed by their owners, or any person
authorized by the owners, within seven days, then such dogs shall
be put up for adoption or humanely disposed of but in no way whatsoever
shall they be made available for experimentation. Any fees collected
by the Animal Warden from owners of dogs or other animals for their
care and shelter for the first seven days shall be paid or credited
to the Borough unless ownership is established within this period.
Once ownership is established, the following will be applied: Any
person may redeem his dog or animal from the Animal Warden upon payment
of the fee as established.
[Ord. #2/28/80, § 51-14]
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, except upon
the premises of the owner of the dog if the owner is present and forbids
the same.
[Ord. #2/28/80, § 51-15]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this section.
[Ord. #2/28/80, § 51-16; Ord. #93-03, § 1;
Ord. #2005-19, § 1]
a.
Purpose. The purpose of this subsection is to protect the health,
safety and welfare of all those residing within the Borough of Beachwood.
It is further the purpose of this subsection to prevent the needless
health hazard caused by pet feces upon public and certain private
properties.
b.
Prohibition. No person owning, harboring, keeping, walking or in
charge of any pet shall cause, suffer, permit or allow such pet 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 beaches or beachfront,
in the Borough or upon any public property whatsoever or upon any
private property without the permission of the owner of the private
property. If any person shall permit a pet to soil, defile, defecate
on or commit any nuisance on the areas mentioned, he or she shall
immediately remove all feces and droppings deposited by the pet, which
removal shall be in a sanitary manner by shovel, container, disposal
bag, or similar method, and the feces and droppings shall be removed
by the person, from the designated areas and disposed of by that person
in a sanitary manner.
[Ord. #2/28/80, § 51-17]
No person owning, keeping or harboring a dog shall permit it
to do any injury or to do any damage to any lawn, shrubbery, flowers,
ground or property.
[Ord. #2/28/80, § 51-18]
No person owning, keeping or harboring any dog shall permit
such dog to run at large upon any of the public streets or public
or private lands, or in any public buildings in the Borough other
than upon lands owned or in the exclusive possession of the person,
unless such dog is controlled by a leash not more than eight (8')
feet long.
[Ord. #2/28/80, § 51-19]
Any dog running at large shall be deemed a stray dog.
[Ord. #2/28/80, § 51-20; Ord. #90-06, § 1]
No person owning, keeping or harboring any dog shall allow it
to create a noise disturbance across residential real property lines
of any neighboring property. For purposes of this section, a noise
disturbance from a barking dog may be defined as that created by a
dog barking continuously for 10 minutes or intermittently for 30 minutes.
[Ord. #2/28/80, § 51-21; Ord. #97-22, §§ 3-5]
a.
Any dog or dog hybrid declared vicious by a Municipal Court pursuant
to N.J.S.A. 4:19-20 shall be dealt with in accordance with State statutory
requirements. All the provisions of N.J.S.A. 4:19-17 et seq. imposing
a uniform set of State requirements for the owners of vicious or potentially
dangerous dogs and the amendments to said statutes are hereby adopted
by the Borough of Beachwood. Additionally, any required fees and costs
concerning the impoundment and destruction of a dog or dog hybrid
shall be as established by the Code of the Borough of Beachwood.
b.
Violations and penalties. The owners of a potentially dangerous dog
who is found by clear and convincing evidence to have violated this
Act or any rule or regulation adopted pursuant thereto, or to have
failed to comply with a Court's Order shall be subject to a fine
of not more than $1,000 per day of the violation, and each day's
continuance of the violation shall constitute a separate and distinct
violation. An Animal Control Officer is authorized to seize and impound
any potentially dangerous dog whose owner fails to comply with the
provisions of N.J.S.A. 4:19-17 et seq. or any rule or regulation adopted
pursuant thereto or a Court's Order. The Municipal Court may
order that a dog so seized and impounded be destroyed in an expeditious
and humane manner.
c.
Fee for dangerous license. There is hereby established an annual
fee for a potentially dangerous dog license for renewal thereof which
sum shall be $500 per annum.
[Ord #2/28/80, § 51-22]
No person shall cruelly treat any dog or any animal in the Borough
in any way; any person who inhumanely beats or refuses to feed or
abandons any dog or any animal shall be deemed guilty of a violation
of this subsection.
[Ord. #2/28/80, § 51-23]
Any person who keeps or operates or proposes to establish a
kennel, a pet shop, a shelter or a pound shall apply to the Borough
Clerk for a license entitling him to keep or operate such establishment.
The application shall describe the premises where the establishment
is located or is proposed to be located, the purpose for which it
is to be maintained, and shall be accompanied by the written approval
of the Animal Warden of the Borough showing compliance with the local
and State rules and regulations governing location of and sanitation
at such establishments. All licenses issued for a kennel, pet shop,
shelter or pound shall state the purpose for which the establishment
is maintained, and all such licenses shall expire on the last day
of January of the following year.
[Ord. #2/28/80, § 51-24]
Any person holding such license shall not be required to secure
individual licenses for dogs owned by such licensee and kept at such
establishment. Such license shall not be transferable to another owner
or different premises.
[Ord. #2/28/80, § 51-25]
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 container.
[Ord. #2/28/80, § 51-27]
It shall be unlawful to permit any dangerous animal or vicious
animal of any kind to run at large within the Borough; exhibitions
or parades of animals which are ferae natural in the eyes of the law
may be conducted only upon securing a permit from the Chief of Police.
[Ord. #2/28/80, § 51-29]
The members of the Police Department or Animal Warden's
personnel are authorized to kill any dangerous animals of any kind
when it is necessary for the protection of any person or property.
[Ord. #2/28/80, § 51-28]
It shall be unlawful to permit any cattle, horse, swine, sheep,
goats or poultry to run at large in the Borough. Any such animal running
at large in any public place in the Borough shall be impounded in
the manner provided in the following subsections. It shall further
be unlawful to picket or tie any such animal in any of the streets
of the Borough for the purpose of grazing or feeding the animal.
[Ord. #2/28/80, § 51-30a]
No domestic animal afflicted with a contagious or infectious
disease shall be allowed to run at large or to be exposed in any public
place whereby the health of man or beast may be affected; nor shall
such diseased animal be shipped or removed from the premises of the
owner thereof except under the supervision of the Chief of Police
or the Animal Warden.
[Ord. #2/28/80, § 51-30b]
It is hereby made the duty of the Animal Warden to secure such
disposition of any diseased animal and such treatment of affected
premises as to prevent the communication and spread of the contagion
or infection, except in cases where the State Veterinarian is empowered
to act.
[Ord. #2/28/80, § 51-31]
No person shall cause or allow any stable or place where any
animal is or may be kept to become unclean or unwholesome, and it
shall be unlawful to keep any live swine or pigs in the Borough.
[Ord. #2/28/80, § 51-31; Ord. #91-16, § 1]
It shall be unlawful to keep or have any goats, cattle, chickens
or pigeons within the Borough. This section shall not affect anyone
who currently maintains pigeons and pigeon coops at the time of the
adoption of this section in accordance with County health standards.
[Ord. #2/28/80, § 51-33]
Dog license fees shall be turned over to the Borough Treasurer
within 30 days after collection 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 purposes only: for collecting, keeping and
disposing of dogs liable to seizure under the laws of the State of
New Jersey as outlined in N.J.S.A. 4:19-15.11 or under this section;
for local prevention and control of rabies; for providing antirabic
treatment under the direction of the local Board of Health for any
person known or suspected to have been exposed to rabies; for payment
of damages to or losses of poultry and domestic animals, except dogs
and cats, caused by a dog or dogs; and for the administering of this
section. Any unexpended balance remaining in such special account
shall be retained therein 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 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. The registration
tag fee of fifty cents ($.50) for each dog shall be forwarded within
30 days after collection by the Clerk or other official designated
to license dogs to the State Department of Health.
[New]
Any person who shall violate the provisions of subsection 5-1.2 shall be liable to a penalty of not less than one ($1.00) dollar nor more than $50 for the first offense, and not less than $5 nor more than $50 for each subsequent offense, to be recovered in the manner provided by revised statutes, Section 4:19-15.19, et seq. Any person who shall violate any other provision of this chapter shall be liable to a fine of not more than $100 for the first offense, and not more than $200 for each subsequent offense, or to imprisonment for a term not exceeding 30 days, or both. Each day in which such violation continues shall be deemed to constitute a separate offense.
[Ord. #10/23/80, § 50-1]
It shall be unlawful to harbor, keep or maintain a cat of more
than six months of age in the Borough, unless the owner thereof, the
person or persons harboring or maintaining the same shall have complied
with the provisions hereof.
[Ord. #10/23/80, § 50-2; Ord. #81-4, § 1]
As used in this section:
Shall mean the Supervisor of Licenses.
Shall mean any animal of the feline species, male or female.
Shall mean any cat which has attained the age of six months.
Shall mean a group of people related by blood or marriage,
or unrelated by blood or marriage, who reside together in the same
household.
Shall mean any person having custody or control over a cat
permitting a cat to remain on the premises under their control.
Shall mean any establishment wherein or whereon the business
of boarding or keeping cats or breeding cats for sale is carried on
except a pet shop.
Shall mean a cat as herein defined that has been rendered
incapable of reproduction.
Shall mean any person having a right to property in such
cat, or any person keeping or harboring such cat, feeding such cat
for more than 48 hours.
Shall mean any rooms, groups of rooms, cage or exhibition
pen not part of a kennel wherein cats for sale are kept or displayed.
Shall mean an establishment for the confinement of cats,
seized under the provisions of this section or otherwise.
Shall mean any establishment where cats are received, housed
and distributed.
Shall mean a cat as herein defined that has been rendered
incapable of reproduction.
[Ord. #10/23/80, § 50-3]
No more than five cats will be sheltered or kept by any one
family group. No cat shall be sheltered or kept that is not domesticated.
The quarters wherein cats are kept, shall be clean and sanitary and
such as not to create a health hazard nor disturbance by reason of
noise, odor or other causes.
[Ord. #10/23/80, § 50-4]
It shall be unlawful to own, harbor, or maintain a cat of more
than six months of age, unless the owner thereof or the person harboring
or maintaining the same shall have a current license for such cat.
[Ord. #10/23/80, § 50-5; Ord. #81-4, § 2;
Ord. #90-13, § 1; Ord. #90-14, § 1; Ord. #2004-10,
§ 2]
The annual license fee for cats over six months of age, shall
be $11 for each male or female cat; unless the application for licensing
the male or female cat is accompanied by a certificate from a licensed
veterinarian surgeon showing that a male or female cat has been altered
or spayed respectively. The annual fee in a case where the cat has
been spayed or neutered shall be $8. A metal tag marked with a number
to correspond with a number of the license shall be issued with the
license and shall be attached to a collar and worn by the cats so
licensed, at all times when at large.
The tag shall be procured from the Borough Clerk. In the event
that the tag shall be lost or destroyed, the Borough Clerk is authorized
to issue a duplicate tag for a fee of one ($1.00) dollar. Tags shall
not be transferable to a cat other than the one for which the tag
was originally issued.
In the event anyone fails to obtain the annual cat license and
pay the required fee therefor by January 31st of any year, they shall
thereafter be required to pay an additional ten ($10.00) dollar late
fee for said license.
Fees collected concerning dogs shall be deposited to the dog
account and fees collected under the cat licensing portion of the
foregoing ordinance shall be deposited in the general account of The
Borough of Beachwood.
[Ord. #10/23/80, § 50-6]
Each cat license and registration tag shall expire on the last
date of the calendar year following the calendar year in which it
was issued.
[Ord. #10/23/80, § 50-7]
The Borough Clerk shall keep a record book showing a list of
owners, custodians, or harborers of cats. The description of the cat
owned or harbored, date of issuance of license and the amount of fee
paid.
[Ord. #10/23/80, § 50-8]
Any person who keeps or operates, or proposes to establish a
kennel, pet shop, shelter or pound shall apply to the Borough Clerk
for a license entitling them to keep or operate such establishment.
The application shall describe the premises where the establishment
is located or is proposed to be located, the purpose for which it
is to be maintained, and shall be accompanied by a written approval
of the Animal Control Department of the Borough, showing compliance
with all local and State rules and regulations governing location
of and sanitation at such establishments. All licenses issued for
kennel, pet shop, shelter or pound, will state the purpose for which
the establishment is maintained, and all licenses shall expire on
the last day of January of the following year.
Any persons holding such license shall not be required to secure
individual licenses for cats owned by such licensee and kept at such
establishments. Such license shall not be transferable to another
owner or different premises.
[Ord. #2001-15, § 1]
Any person who owns, harbors or maintains a cat within the Borough
of Beachwood shall have said cat vaccinated for rabies in accordance
with the requirements and in conformity with State regulations.
[Ord. #10/23/80, § 50-9]
The Animal Warden shall take into custody and impound or cause
to be taken into custody or impounded and thereafter destroyed or
disposed of as provided in this section:
a.
Any cat which the official or his agent has reason to believe is
a stray cat.
b.
Any cat off the premises of the owner or the persons keeping or harboring
the cat without a current registration tag on his collar.
c.
Any female cat in season off the premises of the owner or the persons
keeping or harboring the cat.
[Ord. #10/23/80, § 50-10]
a.
If any cat seized wears a collar or harness having inscribed or attached
thereto a name and address of any persons, or the name of the person
keeping or harboring the cat is known, the Animal Warden shall serve
on the person whose address is given on the collar, or on the owner
or the person keeping or harboring the cat, if known, a notice in
writing stating that the cat has been seized and will be disposed
of or destroyed if not claimed within 10 days after service of this
notice.
b.
A notice under this subsection may be served either by delivering
it to the person who is to be served, or by leaving it at the person's
usual or last known place of abode, or at the address given on the
collar or by awarding it by mail addressed to that person at his usual
place of abode, or to the address given on the collar.
[Ord. #10/23/80, § 50-11; New]
When any cat seized under subsection 5-10.9 has been detained 10 days after notice, when notice can be given as above set forth, or has been detained for 10 days after seizure, when notice has not been and cannot be given as above set forth, or if the owner or person keeping or harboring the cat has not claimed the cat, and paid all expenses incurred in its detention and maintenance at the prevailing rates charged per day together with a redemption fee, or if the cat is unlicensed at the time of the seizure and the owner or person keeping or harboring the cat has not claimed nor provided a license and registration tag for the cat, and paid for its detention, maintenance and redemption as above set forth, the Police Chief, the Animal Warden, or any similar organization or any person designated for that purpose may cause the cat to be destroyed in a humane manner causing as little pain as possible, using only sodium pentobarbital.
This subsection shall not be construed to prevent the making
of a complaint by the Police Chief or his designee, or the Animal
Warden for imposition of a penalty by the Municipal Judge against
the owner or person keeping or harboring the cat or any violation
of this section nor the collection of any maintenance and detention
charge.
[Ord. #10/23/80, § 50-13]
No person who owns, keeps, harbors, or maintains any cat shall
permit or suffer it to do any damage to any person, fowl, birds or
domestic animal or permit or suffer it to do any damage to soil, or
defile any lawn, shrubbery, gardens, flowers, grounds or property
of any person other than the person owning, keeping, harboring or
maintaining such cat.
[Ord. #10/23/80, § 50-14]
Any cat which bites a person shall be quarantined for 10 days.
During quarantine, the animal shall be securely confined and kept
from contact with any other animal and the owner shall surrender the
animal for the quarantine period to animal shelter or shall at his
own expense, place it in a veterinary hospital or keep it confined
in their home.
[Ord. #10/23/80, § 50-15]
Any duly accredited humane officer shall have police powers
in the enforcement of this section, and no person shall interfere
with, hinder, molest or abuse any duly accredited humane officer in
the exercise of such powers.
[Ord. #10/23/80, § 50-16]
No person shall cruelly treat any cat in the Borough in any
way. Any person who inhumanely beats or refuses to feed or abandons
any cat in the Borough shall be deemed guilty of a violation of this
subsection.
[Ord. #10/23/80, § 50-17; New]
[Ord. #2001-05, § 1]
Shall mean a pigeon which, through past breeding, has developed
certain distinctive physical and performing characteristics as to
be clearly identified and accepted as such by the National Pigeon
Association, the American Pigeon Club or the Rare Breeds Pigeon Club.
Example: Fantails, pouters, trumpeters.
Shall mean the structure for the keeping or housing of pigeons
permitted by this section.
Shall mean a pigeon aged six months or older.
Shall mean the owner of pigeons subject to this section.
Shall mean a member of the family Columbidae, and shall include
"racing pigeons," "fancy pigeons," and "sporting pigeons" as defined
in this section.
Shall mean a pigeon which, through selective past breeding,
has developed the distinctive physical and mental characteristics
as to enable it to return to its home after having been released a
considerable distance therefrom, and which is accepted as such by
the American Racing Pigeon Union, Inc. or the International Federation
of Racing Pigeon Fanciers. Also, commonly known as racing homer, homing
pigeon, or carrier pigeon.
Shall mean a pigeon which, through selective past breeding,
has developed the ability to fly in a distinctive manner, such as
aerial aerobatics or endurance flying. Example: Rollers, tipplers.
[Ord. #2001-05, § 2; Ord. #2001-10, § 1]
The keeping, breeding, maintenance and flying of pigeons by
property owners within the Borough of Beachwood shall be permitted
on the following conditions:
a.
A property owner is permitted to construct one loft - not to exceed
800 cubic feet in size, which shall be of sufficient size and design
and constructed of such material, that it can be maintained in a clean
and sanitary condition by the property owner.
b.
There shall be at least one square foot of floor space in any loft
for each mature pigeon kept therein. No more than 100 pigeons shall
be kept at any one time.
c.
The construction and location of the loft shall not conflict with
the requirements of any Building Code or Zoning Code of the Borough
of Beachwood.
d.
All feed for said pigeons shall be stored in such containers as to
protect against intrusion by rodents and other vermin.
e.
The loft shall be maintained in a sanitary condition and in compliance
with all applicable health regulations of the Borough of Beachwood,
so as to avoid offensive odors, and no pigeons shall be kept which
create loud and excessive noises and sounds. Odors emanating from
pigeon houses, coops or runways which are perceptible from adjoining
properties, and any noises emitting from pigeons which are audible
from adjoining properties shall be prima facie evidence of a violation
of this section.
f.
All pigeons shall be confined to the loft, except for limited periods
necessary for exercise, training and competition; and at no time shall
pigeons be allowed to perch or linger on the buildings or property
of others.
g.
All pigeons shall be fed within the confines of the loft.
h.
No one shall release pigeons to fly for exercise, training or competition
except in compliance with the following rules.
1.
The owner of the pigeons must be a member in good standing of an
organized pigeon club, such as the American Racing Pigeon Union, Inc.,
the International Federation of Racing Pigeon Fanciers, the National
Pigeon Association, the American Tippler Society, the International
Roller Association and the Rare Breeds Pigeon Club, or a local club
which has rules that will help preserve the peace and tranquility
of the neighborhood.
2.
Pigeons will not be released for flying which have been fed within
the previous four hours.
3.
Pigeons will not be released before 10:00 a.m. and after 7:00 p.m.
except on race days.
i.
Pigeons shall be banded and registered with one of the national pigeon
associations/registries.
j.
No person shall be permitted to attract pigeons by throwing or scattering
food for pigeons on public or private property.
[Ord. #2001-05, § 3]
A site plan for the loft will be submitted to the Zoning Officer
upon the initial application for a pigeon permit for approval.
On application signed by the owner, on such form as shall be
provided by the Borough of Beachwood, wherein the owner certify that
his loft complies with applicable building and zoning codes, and upon
payment of a fee of $10, a permit shall be issued to the owner, which
shall remain in full force and effect unless suspended or revoked,
or unless the use of the loft be discontinued for a period of one
year. The permit application must be accompanied by an Ocean County
Board of Health Certification as to the condition of the loft.
[Ord. #2001-05, § 4]
The Ocean County Board of Health Officer and the Borough of
Beachwood Code Enforcement Officer, may enter and inspect any property
or loft at any reasonable time for the purpose of investigating either
an actual or suspected violation or to ascertain compliance or noncompliance
with this section.
[Ord. #2001-05, § 5]
When the inspection officer finds a violation to have occurred,
the officer shall give written notice thereof to the owner. If said
violation is not remedied within 10 days, the Animal Control Officer
may issue a citation to appear in Municipal Court to answer the charge
stated thereon. Any owner found violating any of the provisions of
this section shall upon conviction be subject to a fine not to exceed
the sum of $100. Three convictions within 18 months shall result in
the revocation of the permit.
[Ord. #2001-05, § 5]
Prior to revocation, the owner or permittee shall be given a
hearing upon 10 days written notice. The permittee shall have the
right to appear, have counsel and to testify at said hearing. The
hearing will be held before the governing body or a designated Committee
of said governing body. If held before a Committee, they will hear
the matter and make a recommendation to the governing body who will
take final action.
