City of Long Branch, NJ
Monmouth County
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Table of Contents
Table of Contents
[Adopted 1-26-1971 by Ord. No. 590 as Ch. IX of the 1971 Code]
As in this article, the following terms shall have the meanings indicated:
ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the State of New Jersey or the licensing authority to enforce the provisions of this chapter.
[Added 1-24-2017 by Ord. No. 2-17]
AUTHORIZED AGENT
The Health Officer, Registered Environmental Health Specialist, Animal Control Officer, a Police Officer or any other authorized representative of the City of Long Branch.
[Added 1-24-2017 by Ord. No. 2-17]
CAT
Any animal of the domestic feline species, be it wild, feral or domesticated, male, female or altered.
[Added 1-24-2017 by Ord. No. 2-17]
CAT OR DOG OF LICENSING AGE
Any dog or cat which has attained the age of seven months or which possesses a set of permanent teeth.
[Amended 1-24-2017 by Ord. No. 2-17]
DOG
Any dog, bitch or spayed bitch.
DWELLING UNIT
Any single-family detached dwelling, a condominium, townhouse, cooperative or residential apartment unit.
[Added 1-24-2017 by Ord. No. 2-17]
KEEPER
Any person exercising control over a dog or cat or permitting a dog or cat to remain on the premises under his/her control.
[Amended 1-24-2017 by Ord. No. 2-17]
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
LICENSING AUTHORITY
The office of the City Clerk or any designated representative charged with administering this section and/or issuing or revoking licenses under the provision of this section.
[Added 1-24-2017 by Ord. No. 2-17]
OWNER
When applied to the proprietorship of a dog or cat, shall mean and include every person having a right of property or custody in such dog or cat and every person who has such dog in his/her keeping and every person who has a cat in his keeping, or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person. A person who feeds a stray cat shall be considered its owner. The owner of a dog or cat shall be considered the initial owner of any puppies or kittens.
[Amended 1-24-2017 by Ord. No. 2-17]
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
POUND
An establishment for the confinement of dogs or cats seized either under the provisions of this article or otherwise.
[Amended 1-24-2017 by Ord. No. 2-17]
SHELTER
Any establishment where dogs or cats are received, housed and distributed without profit.
[Amended 10-27-1998 by Ord. No. 36-98; 1-24-2017 by Ord. No. 2-17]
VICIOUS DOG
Any dog which has been declared by a municipal judge to be a vicious dog; that is, a dog which has twice attacked or bitten any human being or which has killed another dog or domestic animal or which habitually attacks dogs or domestic animals.
[Amended 4-8-1975 by Ord. No. 770]
A. 
Dog and cat licensing provisions.
(1) 
Dog licensing provisions.
(a) 
License; when required. Licenses shall be required for the following dogs of licensing age:
[1] 
Any dog owned or kept, harbored or maintained within the City by a resident of the City on the first day of January of any calendar year.
[Amended 1-24-2017 by Ord. No. 2-17]
[2] 
Any dog acquired by any person during the course of any calendar year and kept within the City for more than 10 days after acquisition.
[3] 
Any dog attaining licensing age during the course of the calendar year.
[4] 
Any unlicensed dog brought into the city by any person and kept within the city for more than 10 days.
[5] 
Any dog licensed by another state brought into the city by any person and kept within the city for more than 90 days.
(2) 
Cat licensing provisions.
[Added 1-24-2017 by Ord. No. 2-17]
(a) 
License; when required. Licenses shall be required for the following cats of licensing age:
[1] 
Any cat owned, kept, harbored or maintained within the City by a resident of the City on the first day of January of any calendar year.
[2] 
Any cat acquired by any person during the course of any calendar year and kept within the City for more than 10 days after acquisition.
[3] 
Any cat of licensing age during the course of the calendar year.
[4] 
Any unlicensed cat brought into the City by any person and kept within the City for more than 10 days.
[5] 
Any cat licensed by another state brought into the City by any person and kept within the City for more than 90 days.
B. 
Application for license.
[Amended 1-24-2017 by Ord. No. 2-17]
(1) 
Each application for a dog/cat license under this article shall give the following information:
(a) 
A general description of the dog/cat sought to be licensed, including breed, sex, whether or not neutered, age, color and markings, whether such cat is a long- or short-haired variety.
(b) 
Name, street and post office address of the owner of, and the person who shall keep, harbor or maintain, such dog/cat.
C. 
Application for license; when made. Applications for license for dogs/cats which are required to be licensed by the provisions of Subsection 2A-A(1) shall be made before the first day of February of each calendar year. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog/cat in question first becomes subject to the provisions of this section.
[Amended 1-24-2017 by Ord. No. 2-17]
D. 
License record. The information on all applications under this article and the registration number issued to each licensed dog/cat shall be preserved for a period of three years by the Health Officer.
[Amended 1-24-2017 by Ord. No. 2-17]
E. 
Fees.
[Amended 10-13-1981 by Ord. No. 1038]
(1) 
The dog license fee shall be as follows:
(a) 
Annual license: $18.[2]
[Amended 10-27-1998 by Ord. No. 36-98; 12-26-2007 by Ord. No. 51-07; 2-26-2020 by Ord. No. 10-20]
[2]
Editor's Note: Former Subsection 9-2.5b, regarding three-year license, which immediately followed this subsection, was deleted 10-27-1998 by Ord. No. 36-98.
(2) 
A dog owner who presents a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered shall be subject to a reduced fee as follows:
(a) 
Annual license: $12.[3]
[Amended 10-27-1998 by Ord. No. 36-98; 12-26-2007 by Ord. No. 51-07; 2-26-2020 by Ord. No. 10-20]
[3]
Editor's Note: Former Subsection 9-2.5c2, regarding three-year license, which immediately followed this subsection, was deleted 10-27-1998 by Ord. No. 36-98.
(3) 
In accordance with N.J.S.A. 4:19-15.2a, any license may be issued only when the dog owner provides evidence that the duration of the immunization against rabies will run concurrent with the period of effectiveness of the license.
[Amended 10-27-1998 by Ord. No. 36-98; 5-24-2011 by Ord. No. 11-11]
(4) 
The license shall also be subject to the current New Jersey registration fee in accordance with N.J.S.A. 4:19-15.12.
[Amended 5-24-2011 by Ord. No. 11-11]
(5) 
The cat license fee shall be as follows:
[Amended 1-24-2017 by Ord. No. 2-17
(a) 
Annual license: $7.
[Amended 2-26-2020 by Ord. No. 10-20]
(6) 
The cat owner who presents a certificate signed by a licensed veterinarian stating that the cat has been spayed or neutered shall be subject to a reduced fee as follows:
[Added 1-24-2017 by Ord. No. 2-17]
(a) 
Annual license: $5.
[Amended 2-26-2020 by Ord. No. 10-20]
(7) 
A license may be issued only when the cat owner provides evidence that the duration of the immunization against rabies will run concurrent with the period of effectiveness of the license.
[Added 1-24-2017 by Ord. No. 2-17]
F. 
Expiration date. Each dog/cat license and registration tag shall expire on the last day of January of the calendar year following the calendar year in which it was issued.
[Amended 1-24-2017 by Ord. No. 2-17]
G. 
Exceptions. The provisions of this section shall not apply to any dog licensed under § 109-3 of this chapter. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs, dogs used to assist handicapped persons and commonly known as "service dogs" or dogs used to assist deaf persons and commonly known as "hearing ear" dogs shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.
[Amended 10-27-1998 by Ord. No. 36-98]
H. 
Proof of licensing. The owner shall place upon each such dog/cat a collar, harness, or other device with the registration tag securely fastened thereto or otherwise be able upon request by an authorized agent to affirmatively show proof that said dog/cat is licensed by the City.
[Added 1-24-2017 by Ord. No. 2-17]
I. 
Abandonment prohibited. No person shall abandon any cat, no matter what its age or condition, within the City.
[Added 1-24-2017 by Ord. No. 2-17]
J. 
Limitation of cats per dwelling unit. No more than nine cats may be harbored or maintained within any single-dwelling unit by any owner or owners. This section shall become effective and enforceable four years and one day following the adoption by the Mayor and Council of said cat licensing provisions.
[Added 1-24-2017 by Ord. No. 2-17]
K. 
Nuisances prohibited. No owner or keeper shall permit or allow, either willfully or negligently, any cat to create a nuisance either off the property of the owner or keeper, or upon the property of another or to destroy or deface the property of another, whether the same be real or personal or otherwise interfere with the enjoyment of another's property.
[Added 1-24-2017 by Ord. No. 2-17]
[1]
Editor's Note: See also Ch. 5, Administration of Government, § 5-14F.
A. 
License required. Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Health Officer for a license entitling him to keep or operate the establishment. Any person holding such license shall not be required to secure individual licenses for dogs owned by the licensee and kept at such establishments; such licenses shall not be transferable to another owner or different premises.
B. 
Application information. The application shall contain the following information:
(1) 
The name and permanent and local address of the applicant.
(2) 
The street address where the establishment is located, or proposed to be located, together with a general description of the premises.
(3) 
The purposes for which it is to be maintained.
(4) 
The maximum number of dogs to be accommodated by such establishment at any one time.
C. 
Approval of Health Officer. No license shall be issued until the proposed licensee submits a written statement from the Health Officer of the Board of Health that the establishment or proposed establishment complies with local and state rules governing the location of and sanitation at such establishment.
D. 
License term. 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 December 31 of each year.
[Amended 10-27-1998 by Ord. No. 36-98]
E. 
License fees. The annual license fees for kennel and pet shop licenses shall be as follows:
[Amended 10-27-1998 by Ord. No. 36-98]
(1) 
Kennel accommodating 10 or less dogs: $50.
(2) 
Kennel accommodating more than 10 dogs: $50.
(3) 
Pet shop: $50.
(4) 
Shelter or pound: $50.
F. 
Compliance with state regulations.
(1) 
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Health Officer, on recommendation of the State Department of Health or on his own motion, for failure to comply with the rules and regulations of the State Department of Health or the Health Officer, after the owner has been afforded a hearing by either the State Department of Health or the Health Officer.
(2) 
Any person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound shall comply with all city ordinances and the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation therein and the prevention of the spread of rabies and other diseases of dogs within and from such establishments.
G. 
Reports to State Health Department. The Health Officer shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
H. 
Control of dogs off premises. No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on a leash or in a crate or other safe control.
A. 
License fees and other moneys collected or received under the provisions of this article, except registration tag fees, shall be forwarded to the City Treasurer within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the city and shall be used for the following purposes only: collecting, keeping and disposing of dogs liable to seizure under this article; local prevention and control of rabies; providing anti-rabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; and all other purposes prescribed by the statutes of New Jersey governing the subject and for administering the provisions of this article. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following and may he 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 city 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.
B. 
The registration tag for each dog shall be forwarded within 30 days after collection by the Clerk to the State Department of Health.
[Amended 10-27-1998 by Ord. No. 36-98]
[Amended 10-27-1998 by Ord. No. 36-98]
The Chief of Police of the city shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the city and shall report to the Clerk, the Board of Health and to the State Department of Health, not later than September 1, the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring dogs, the number of licensed dogs owned, kept or harbored by each person, together with the registration number of each dog; and the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.[1]
[1]
Editor's Note: Former Section 9-6, Vicious Dogs, which immediately followed this section, was deleted 10-27-1998 by Ord. No. 36-98. For provisions regarding vicious dogs, see N.J.S.A. 4:19-17 et seq.
A. 
Causes for impounding. The agency designated by the Mayor and Council may, and at the direction of any police officer or the Health Officer shall, take into custody and impound any of the following dogs:
(1) 
Any dog running at large in violation of the provisions of this article.
(2) 
Any dog off the premises of the owner of or the person keeping or harboring such dog which the Health Officer or his agent has reason to believe is a stray dog.
(3) 
Any dog off the premises of the owner of or the person keeping or harboring such dog without a current registration tag on its collar.
(4) 
Any female dog in season off the premises of the owner of or the person keeping or harboring such dog.
(5) 
Any dog which has been determined to be a vicious dog as defined in N.J.S.A. 4:19-17 et seq., provided that such dogs may also be seized by any police officer, and provided further that, if such dogs cannot be seized with safety, they may be killed.
[Amended 5-24-2011 by Ord. No. 11-11]
(6) 
Any dog or other animal which is suspected to be rabid.
[Added 10-27-1998 by Ord. No. 36-98]
(7) 
Any dog or other animal off the premises of the owner reported to or observed by a certified Animal Control Officer to be ill, injured or creating a threat to public health, safety or welfare, or otherwise interfering with the enjoyment of property.
[Added 10-27-1998 by Ord. No. 36-98]
B. 
Access to premises. Any officer or agent authorized or empowered to perform any duty under this article 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.
C. 
Notice of seizure.
(1) 
If any dog so impounded or seized wears a registration tag, collar or harness having inscribed thereon or attached thereto the name and address of any person, or if the owner of or the person keeping or harboring the dog is known, the Animal Control Officer shall immediately serve on the person whose address is given on the collar or on the person owning, keeping or harboring the dog a notice, in writing, stating that the dog has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after service of the notice.
[Amended 10-27-1998 by Ord. No. 36-98]
(2) 
A notice under this subsection must be served via certified mail, return receipt requested, to the person on whom it is to be served.
[Amended 5-24-2011 by Ord. No. 11-11]
D. 
Disposition of unclaimed dogs. The Health Officer is authorized and empowered to cause the destruction of any unclaimed dog, in as humane a manner as possible, under any of the following contingencies:
[Amended 10-27-1998 by Ord. No. 36-98; 5-24-2011 by Ord. No. 11-11]
(1) 
When any dog so seized has not been claimed by the person owning, keeping or harboring such dog within seven days after notice or within seven days of the dog's detention when notice cannot be given, as set forth in the previous subsection.
(2) 
If, after a hearing and any applicable appeals are exhausted, the person owning, keeping or harboring any dog so seized has not paid all expenses incurred by reason of its detention, including maintenance, not to exceed an impoundment fee and administrative costs approved by the City Council.
(3) 
If the seized dog is unlicensed at the time of its seizure and the person owning, keeping or harboring such dog has not produced a license and registration tag as provided in this article.
No person shall own, keep or harbor a dog in the city except in compliance with the provisions of this article and the following regulations:
A. 
Wearing of registration. All dogs which are required by the provisions of this article to be licensed shall wear a collar or harness with the registration tag for such dog securely fastened thereto.
B. 
Use of registration tags. 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.
C. 
Interference with official duties. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
D. 
Disturbing the peace. No person shall have, keep, harbor, maintain or permit to be kept on any premises owned or occupied in whole or in part by him or her within the City of Long Branch any dog or animal which by habitually barking, howling or whining disturbs the public peace.
[Amended 3-22-1988 by Ord. No. 20-88]
E. 
Running at large. No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park, public building or other public place within the city or off the premises of the owner.
[Amended 10-27-1998 by Ord. No. 36-98]
F. 
Leashing of dogs. No person owning or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the city or off the premises of the owner unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than eight feet long.
[Amended 10-27-1998 by Ord. No. 36-98]
G. 
Minors. No license to own, keep or harbor a dog shall be issued to a minor.
H. 
Property damage. No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property.
I. 
Restriction of dogs.
[Added 6-29-1981 as Ord. No. 1025]
(1) 
It shall be unlawful for any person to permit any dog, with or without a leash, along or east of the following designated roadways: Beginning at the intersection of Ocean Avenue and Brighton Avenue to the intersection of Ocean Avenue and Sea View Avenue; thence, continuing along Sea View Avenue to the intersection of Sea View and New Ocean Avenue; thence continuing in a northerly direction along New Ocean Avenue and Avenel Boulevard; thence, continuing in an easterly direction along Avenel Boulevard to the intersection of Avenel Boulevard and Ocean Avenue; thence, continuing in a northerly direction along Ocean Avenue to the Borough of Monmouth Beach Municipality boundary.
(2) 
The restrictions noted in this section shall not apply to:
(a) 
Dogs used as guide dogs for blind persons and commonly known as "Seeing Eye" dogs, dogs used to assist handicapped persons and commonly known as "service dogs" or dogs used to assist deaf persons and commonly known as "hearing ear" dogs.
[Amended 10-27-1998 by Ord. No. 36-98]
(b) 
Dogs used by members of the Long Branch Police Department and more commonly known as the "Canine Unit."
J. 
Potentially dangerous dogs.
[Added 5-24-2011 by Ord. No. 11-11]
(1) 
Should any dog be determined to be a potentially dangerous dog pursuant to N.J.S.A. 4:19-23, the Municipal Court shall issue an order and a schedule for compliance (in no case more than 60 days) which, in part, shall require the person owning, keeping or harboring the potentially dangerous dog to comply with the following regulations:
(a) 
The dog shall be impounded until the person owning, keeping or harboring the dog obtains a special municipal Potentially Dangerous Dog License (which shall cost $150 annually); a municipal registration number; and a red identification tag; and
(b) 
The person owning, keeping or harboring the potentially dangerous dog must, at his own expense, have the registration number tattooed upon the dog in a prominent location; and
(c) 
The person owning, keeping or harboring the potentially dangerous dog must maintain an enclosure for the dog which has sound sides, top and bottom, to prevent the dog from climbing, digging, jumping, or otherwise escaping, and a fence must be erected of at least six feet in height, separated by at least three feet from the confined area. The enclosure must be securely locked to prevent unknowing children, etc. from releasing the dog. The City's Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance; and
(d) 
If removed from the enclosure, the dog must be securely muzzled and restrained with a tether approved by the City's Animal Control Officer, which restricts movements to a radius of no more than three feet from the owner and must be in direct supervision of the owner; and
(e) 
The person owning, keeping or harboring the potentially dangerous dog must display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of where the dog is enclosed.
(2) 
The City may require the person owning, keeping or harboring the potentially dangerous dog to maintain liability insurance in an amount determined by the Municipal Court to cover any damage or injury caused by the dog. The insurance must be separate from any other homeowner policy and shall have the City of Long Branch named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination, or expiration of the liability policy.
(3) 
The City shall publicize a telephone number for reporting potentially dangerous or vicious dogs, which telephone number shall be forwarded to the New Jersey Department of Health, and any changes in this number shall be reported immediately.
Where it has been determined by a physician that a person has been bitten by a dog, 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 shall be notified by the police that the dog has bitten any individual or individuals, the owner or keeper of the dog must comply with the following procedures:
A. 
Have the dog examined by a licensed veterinarian within 12 hours.
B. 
Have the dog 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 re-examined by a veterinarian and a written report of the dog's state of health sent to the Board of Health.
The Council may, by proclamation, require all dogs and cats to be quarantined during such period in each year which may seem advisable to the Council.
[Amended 5-24-1988 by Ord. No. 30-88]
No person(s) owning, harboring, keeping, walking or in charge of a dog shall allow, suffer or permit such dog to soil, defile, defecate on or deposit any urine or feces on any common thoroughfare, street, sidewalk, passageway, road, bypath, play area, park or any place where people congregate or walk; or upon any boardwalk, benches or beachfront in the city; or upon any public property whatsoever; or upon any private property without the permission of the owner of the private property, except that any dog on a leash may deposit urine or feces between the curblines on the roadway of any public street, provided that:
A. 
The person in charge of said dog shall have in his possession appropriate sanitary means, including but not limited to implements and plastic bags, to remove any feces so deposited.
B. 
The person in charge of said dog shall immediately remove all feces so deposited by appropriate sanitary means, including but not limited to implements and plastic bags, and shall dispose of such feces in a sanitary manner.
C. 
No blind person in charge of a guide dog shall be subject to Subsections A and B of this section.
[Amended 3-8-1994 by Ord. No. 15-94; 10-27-1998 by Ord. No. 36-98; 6-28-2011 by Ord. No. 23-11; 1-24-2017 by Ord. No. 2-17]
Any person who violates or fails or refuses to comply with § 109-2 of this article shall be liable to a penalty of not more than $100 for each offense. Any other violations of this article shall be punishable as provided in Chapter 1, General Provisions, Article I.