[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; amended 7-16-2025 by Ord. No. 2025-12]
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. A late fee of $10.00 shall be assessed for any license registration or renewal not submitted on or before January 31. Of the $8 license fee, $7.50 is the annual license fee payable to the Borough, and fifty ($0.50) cents shall be the annual registration fee for the State Board of Health.
[Ord. #2/28/80, § 51-6; amended 7-16-2025 by Ord. No. 2025-12]
a.
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. The following additional exemptions from dog license fees shall apply, provided that proper documentation is submitted to the Borough at the time of registration:
1.
Hearing dogs for persons who are deaf or hard of hearing;
2.
Guide dogs for persons who are blind or visually impaired, commonly referred to as "seeing eye" dogs;
3.
Service dogs individually trained to perform tasks for persons with physical, intellectual, developmental, psychiatric, or other qualifying disabilities, including but not limited to:
4.
Law enforcement K-9 dogs, owned by or assigned to a recognized law enforcement agency and used in the performance of official duties;
5.
Military service dogs, retired or active, used by the Unites States Armed Forces.
b.
All exempt dogs must still be licensed and registered annually, and the owner or keeper must present valid documentation verifying the dog's qualifying status at the time of license application or renewal. This documentation may include certification from a recognized training organization, identification issued by a government agency, or a physician's or licensed service provider's note confirming the need for a service animal.
[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. No. 10/23/80, § 50-1; amended 9-17-2025 by Ord. No. 2025-24]
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 maintaining the same shall have complied with the provisions hereof.
[Ord. No. 10/23/80, § 50-2; Ord. No. 81-4, § 1; amended 9-17-2025 by Ord. No. 2025-24]
As used in this section:
Shall mean the Supervisor of Licenses.
Shall mean any person permitting a cat colony to remain on the premises under their control.
Shall mean any animal of the feline species, male or female.
Shall mean a group of free-roaming cats that live together outside.
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 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.
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 any establishment where cats are received, housed and distributed.
Shall mean a cat as herein defined that has been rendered incapable of reproduction.
[Added 9-17-2025 by Ord. No. 2025-24]
Owners of domesticated cats shall:
a.
Provide appropriate and adequate food, water and shelter for their cats, pursuant to N.J.S.A. 4:22-26;
b.
Exercise reasonable care to guard against the cat creating a nuisance;
c.
Not permit a sexually intact (not spayed or neutered) domesticated cat to roam unsupervised; and
d.
Not abandon a domesticated cat, pursuant to N.J.S.A. 4:22-6.
e.
It shall be unlawful to own a cat of more than six months of age without a license.
1.
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.
2.
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 $1. Tags shall not be transferable to a cat other than the one for which the tag was originally issued.
3.
In the event anyone fails to obtain the annual cat license and pay the required fee therefor by January 31 of any year, they shall thereafter be required to pay an additional $10 late fee for said license.
[1]
Editor's Note: Former § 5-10.3, Number Limited; Condition of Quarters, Ord. No. 10/23/80, § 50-3, was repealed 9-17-2025 by Ord. No. 2025-24.
[Added 9-17-2025 by Ord. No. 2025-24]
a.
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.
b.
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 Police Department and/or the Licensed Animal Control Officer 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.
c.
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.
[Added 9-17-2025 by Ord. No. 2025-24]
Feral cat colonies shall be permitted, and caregivers shall be required to maintain them in accordance with the terms and conditions of this § 5-10.
[1]
Editor's Note: Former § 5-10.4, License; When Required, Ord. No. 10/23/80, § 50-4, was repealed 9-17-2025 by Ord. No. 2025-24.
[Added 9-17-2025 by Ord. No. 2025-24]
Notwithstanding anything to the contrary in this chapter, this § 5-10 is intended to govern all matters which relate to the management of feral cats.
[1]
Editor's Note: Former § 5-10.5, Fees, Ord. No. 10/23/80, § 50-5; Ord. No. 81-4, § 2; Ord. No. 90-13, § 1; Ord. No. 90-14, § 1; Ord. No. 2004-10, § 2, was repealed 9-17-2025 by Ord. No. 2025-24.
[Added 9-17-2025 by Ord. No. 2025-24]
Caregivers are responsible for the following:
a.
Taking steps that are reasonably likely to result in the vaccinations of the colony population for rabies, and making reasonable efforts to update the vaccinations on cats that can be recaptured;
b.
Taking steps that are reasonably likely to result in the spay/neuter of 100% of a colony population. Procedures are to be done by a recognized veterinarian;
c.
Providing the description of each cat in the colony and copies of documents evidencing that the cats have been vaccinated and spayed/neutered;
d.
Providing food, water and, if feasible, shelter for colony cats;
e.
Observing the colony cats at least twice per week and keeping a record of any illness or unusual behavior noticed in any colony cats;
f.
Obtaining the approval of the owner of any property to which the caregiver requires access to provide colony care;
g.
In the event that kittens are born to a colony cat, the caregiver shall take reasonable steps likely to result in the removal of the kittens from the colony after they have been weaned, and the placement of the kittens in homes or foster homes for the purpose of subsequent permanent placement;
h.
Obtaining proper medical attention to any colony cat which appears to require it.
[1]
Editor's Note: Former § 5-10.6, Expiration Date, Ord. No. 10/23/80, § 50-6, was repealed 9-17-2025 by Ord. No. 2025-24.
[Added 9-17-2025 by Ord. No. 2025-24]
a.
The left ear of a colony cat that has been spayed or neutered and vaccinated shall be ear marked;
b.
If possible, an electronic animal identification device (EAID) shall be inserted into the cat by a licensed veterinarian, in accordance with professional medical standards.
[1]
Editor's Note: Former § 5-10.7, Records, Ord. No. 10/23/80, § 50-7, was repealed 9-17-2025 by Ord. No. 2025-24.
[Added 9-17-2025 by Ord. No. 2025-24]
a.
An Animal Control Officer who has trapped a cat whose left ear has been ear marked, or which bears some other distinguishing mark indicating that it belongs to a feral cat colony, shall scan the cat for an EAID. If an EAID is found, the officer shall be responsible for contacting the sponsor or other person named as owner of the cat;
b.
If the owner or sponsor is not able to immediately take custody of the cat, the officer shall return the cat to the appropriate colony;
c.
If the cat does not have an EAID, and the cat is obviously a domestic cat, then the Animal Control Officer shall arrange for care for the cat until the owner is located and may determine the disposition of the cat in those circumstances where the domestic cat's owner cannot be located.
[1]
Editor's Note: Former § 5-10.8, Kennels, Pet Shops, Shelters, Pounds; License Required, Ord. No. 10/23/80, § 50-8, was repealed 9-17-2025 by Ord. No. 2025-24.
[Former § 5-10.8A, Rabies Vaccination Required, Ord. No. 2001-15, § 1, was repealed 9-17-2025 by Ord. No. 2025-24.]
[Added 9-17-2025 by Ord. No. 2025-24]
The Borough shall have the following rights:
a.
The right to seize or remove cats from a colony that have not been vaccinated against rabies and which are demonstrating signs of the disease.
b.
The right to seize or remove a cat from a colony that is creating a nuisance, as defined above, and the caregiver has been given 30 days to remove and relocate the cat, and have failed to do so.
c.
The right to seize or remove a colony of cats when the caregiver regularly fails to comply with the requirements of this § 5-10, and the Animal Control officer has not been able to obtain a replacement or substitute caregiver within 60 days of the Township's notice of the caregiver's failure to comply with this section.
The right to seize or remove cats from a colony if it is determined that there is a public health threat, including but not limited to, zoonotic diseases, feline FIV or leukemia.
[1]
Editor's Note: Former § 5-10.9, Impounding of Certain Cats Authorized, Ord. No. 10/23/80, § 50-9, was repealed 9-17-2025 by Ord. No. 2025-24.
[Added 9-17-2025 by Ord. No. 2025-24]
The requirements of this § 5-10 notwithstanding, Animal Control Officers and Police Officers may investigate any nuisance complaint.
[1]
Editor's Note: Former § 5-10.10, Impounding of Registered Cats; Notice to Owner, Ord. No. 10/23/80, § 50-10, was repealed 9-17-2025 by Ord. No. 2025-24.
[Added 9-17-2025 by Ord. No. 2025-24]
Any person who violates any one or more provisions of this § 5-10 shall be subject to a fine of not more than $500 for each separate offense and/or confinement in the Ocean County jail for a period of not more than 90 days. In the case of a continuing violation or violations, a fine of not more that $500 may be assessed for each day that said violations are not corrected. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1]
Editor's Note: Former § 5-10.11, Disposition of Unclaimed Cats, Ord. No. 10/23/80, § 50-11; Ord. No. 89-15, was repealed 9-17-2025 by Ord. No. 2025-24.
[Former § 5-10.12, Responsibility of Owner, was repealed 9-17-2025 by Ord. No. 2025-24. History includes: Ord. No. 10/23/80, § 50-13.]
[Former § 5-10.13, Quarantine of Cats Which Bite People, was repealed 9-17-2025 by Ord. No. 2025-24. History includes: Ord. No. 10/23/80, § 50-14.]
[Former § 5-10.13, Enforcement by Human Officer, was repealed 9-17-2025 by Ord. No. 2025-24. History includes: Ord. No. 10/23/80, § 50-15.]
[Former § 5-1.05, Cruel Treatment, Abandonment of Cats Prohibited, was repealed 9-17-2025 by Ord. No. 2025-24. History includes: Ord. No. 10/23/80, § 50-16.]
[Former § 5-10.16, Violations and Penalties, was repealed 9-17-2025 by Ord. No. 2025-24. History includes: Ord. No. 10/23/80, § 50-17; Ord. No. 89-15.]
[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.