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; amended 12-17-2025 by Ord. No. O-25-20]
a.
Any person residing in the Borough who owns, keeps or harbors therein a dog of licensing age shall by the last business day of January of the licensing year or license renewal year, 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; amended 12-17-2025 by Ord. No. O-25-20]
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 for a period of three years 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. The vaccine must be effective through at least October 31 of the final license year. In the case of a puppy (a dog not yet one year old), the owner of the dog shall have the dog inoculated within 60 days of the dog turning one year old, and provide proof of such inoculation good for three years to the Borough.
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 for a period of three years a fee of $45 for spayed/neutered animals and $54 for non-spayed/non-neutered animals for the license and the registration tag of each dog. The replacement fee for a lost registration tag is fifty ($.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 three years will terminate on January 31 of the year following the conclusion of the three-year licensing period.
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.
[Added 12-17-2025 by Ord. No. O-25-20]
If any registration and payment have not been received by the Borough by the last day of February in the year for which the license or renewal is required, a late fee of $3 shall be charged.
[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.
[Added 10-23-2024 by Ord. No. O-24-31]
The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this section:
Means the period of chicken growth when supplemental heat must be provided due to the bird's inability to generate enough body heat.
Means a baby chicken not more than six weeks old.
Means a domesticated bird of the order of Galliformes in gnus of Gallus (chickens) that serves as a source of eggs or meat.
Means a young male chicken.
Means the structure for the keeping or housing of chickens permitted by the section.
Means a female chicken.
Means a male chicken.
Means a fully enclosed and covered area attached to a coop where chickens can roam unsupervised.
[Added 10-23-2024 by Ord. No. O-24-31]
a.
The following restrictions apply to the number of chickens that may be housed on a residential property:
1.
No more than six hens shall be housed or kept on any single residential lot that is 43,000 square feet or smaller.
2.
No more than 12 hens shall be housed or kept on any single residential lot that is larger than 43,000 square feet.
3.
Brooding chicks shall only be possessed in a quantity necessary to allow for the cyclical replacement of hens, and not for any purposes of sale or resale.
4.
Roosters are prohibited in the Borough.
b.
The breeding of roosters and/or chickens is prohibited.
c.
Cockerels must be culled and removed from broods when identified.
d.
Chickens shall be housed at all times that they are unsupervised in a coop that must meet the following minimum standards:
1.
Coops may only be located in rear yards or side yards, as defined in the Borough's ordinances.
2.
Coops must comply with the applicable setbacks for accessory structures established in the applicable zoning ordinance or variance therefrom.
3.
Coops require a zoning permit.
4.
Coops must be constructed using materials that are adequate to prevent against access by rodents.
5.
Coops must be maintained in good repair.
6.
Coops must be at least 20 feet away from the door or window or any occupied structure other than the owner's own dwelling.
7.
Coops must include a run.
8.
Coops must house the chicken(s) and keep them confined at all times.
e.
All coops and surrounding premises shall be maintained as follows:
1.
Such areas shall be kept clean from filth, garbage, and any substances that attract rodents.
2.
Such areas shall be cleaned at a sufficient frequency to control odors.
3.
Such areas shall be maintained in a manner that prevents manure and waste from accumulating to cause unsanitary conditions or odors detectable on any other properties.
4.
Such areas and manure storage must be at least 20 feet away from streams, tributaries, ditches, storm water management facilities, drop inlets, or other storm drainage areas that would allow fecal matter to enter any storm drainage system or stream.
f.
Chickens shall not be housed in a residential dwelling or an attached or detached garage, except for brooding purposes.
g.
Chickens shall not be kept in a manner that constitutes a nuisance to the occupants of any adjacent or nearby property.
h.
All grain and food stored for use by chickens shall be maintained in a rodent-proof container.
[Added 10-23-2024 by Ord. No. O-24-31]
This section shall be enforced by the Code Enforcement Officer, Animal Control Officer or Designated Animal Control Contractor, or any police officer.