[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:
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]
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]
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]
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]
Any dog, bitch or spayed bitch.
Any single-family detached dwelling, a condominium, townhouse,
cooperative or residential apartment unit.
[Added 1-24-2017 by Ord.
No. 2-17]
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]
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
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]
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]
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
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]
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]
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:
(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:
(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]
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]
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.
[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]
