Borough of Lavallette, NJ Article III Control of Dogs, Cats and Other Animals

§ 6-3 Rabies vaccination of dogs and cats.

A. Vaccination and license requirements. No person shall own, keep, harbor or maintain any dog or cat over seven months of age within the Borough unless such dog or cat is vaccinated and licensed.

B. Vaccination. All dogs and cats shall be vaccinated against rabies by a licensed veterinarian in accordance with N.J.S.A. 4:19-15.2a, the latest “Compendium of Animal Rabies Vaccines and Recommendations for Immunization” published by the National Association of State Public Health Veterinarians, except as provided for in Subsection D.

C. Vaccination certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the state.

D. Exemptions. Any dog or cat may be certified as exempt from the requirement of such vaccination as provided by regulations of the State Department of Health.

§ 6-4 Licensing requirements.

A. Dogs and cats must have license number displayed. Any person who shall own, keep or harbor a dog or cat of licensing age shall annually apply for and procure from the Borough Clerk or other official designated by the governing body to license dogs and cats in the Borough a license and official registration tag with a license number or a registration sleeve for each dog or cat so owned, kept or harbored and shall place upon such dog or cat a collar or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying the license number shall include, but are not limited to, breakaway or elastic collars. License tags or sleeves are nontransferable.

B. Time for applying for license. The owner of any newly acquired dog or cat of licensing age, or of any dog or cat which attains licensing age, shall make application for a license tag or sleeve for such dog or cat within 10 days after such acquisition or age attainment. The requirement will not apply to a nonresident keeping a dog or cat within the Borough for no longer than 90 days.

C. Dogs and cats brought into jurisdiction.

(1) Licensed. Any person who shall bring or cause to be brought into this Borough any dog or cat licensed in another state for the current year and bearing registration tag or sleeve and shall keep same or permit same to be kept within the Borough for a period of more than 90 days shall immediately apply for a license and registration tag or sleeve for each such dog or cat.

(2) Unlicensed. Any resident who shall bring or cause to be brought into this Borough any unlicensed dog or cat and shall keep same or permit same to be kept within the Borough for a period of more than 10 days shall immediately apply for a license and registration tag or sleeve for each such dog or cat.

D. Application, contents, preservation of information. The application shall state the breed, sex, age, color and markings of the dog or cat for which license and registration are sought and also the name, street and post office address of the owner and the person who shall keep or harbor such dog or cat. The information on said application and the registration number issued for the dog or cat shall be preserved for a period of three years by the Borough Clerk or other local official designated to license dogs and cats in the municipality.

E. License forms and tags. License forms and official tags or sleeves shall be furnished by the municipality and shall be numbered serially and shall bear the year of issuance and the name of the municipality.

F. Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license. The Borough Clerk or other official designated by the governing body of the Borough to license dogs and cats therein shall not grant any such license and official registration tag or sleeve for any dog or cat unless the owner thereof provides evidence that the dog or cat to be licensed and registered has been inoculated with a rabies vaccine or has been certified exempt as provided by § 6-3D of this chapter. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.

G. The registration fee for every dog of licensing age shall be $11.20, unless the dog is spayed or neutered in which case the fee shall be $8.20. Of the above fees, the Borough's portion shall be $7 and the remainder of the funds shall go to the State of New Jersey as required by N.J.S.A. 4:19-15.1 et seq. The registration fee for every cat of licensing age shall be $6 for every cat.

H. Fees, renewals, expiration date of license.

(1) The person applying for the license and registration tag and/or sleeve shall pay the fee fixed or authorized. The fee for the renewal of license and registration tag or sleeve shall be the same as for the original, and said license, registration tag or sleeve and renewal thereof shall expire on March 31 of the following year. The license year shall run from January 1 through December 31 of each year.

(2) Only one license and registration tag or sleeve shall be required in the licensing year for any dog or cat in the Borough. Valid licenses from another New Jersey municipality shall be accepted. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by the Borough as evidence of compliance.

I. Proof of licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining or harboring a dog upon the request of any health official, police officer, animal control officer or other authorized person.

J. Interfering with persons performing duties under this chapter. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.

K. Disposition of fees collected.

(1) License fees and other monies collected or received under the provisions of this chapter, with the exception of fees collected pursuant to N.J.S.A. 4:19-15.3 shall be forwarded to the Chief Financial Officer of the Borough and shall be placed in a special account separate from any of the other accounts of the municipality and shall be used for the following purposes only:

(a) Collecting, keeping and disposing of dogs and cats liable to seizure for local prevention and control of rabies;

(b) Providing anti-rabies treatment under the direction of the local health services provider for any person known or suspected to have been exposed to rabies;

(c) Administering the provisions of this chapter and N.J.S.A. 4:19-15.1 et seq.

(2) Any unexpended balance remaining in such special account shall be retained 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 said 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 municipality 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.

(3) Fees collected pursuant to N.J.S.A. 4:19-15.3c shall be forwarded to the State Treasurer for placement in the Pilot Clinic Fund.

§ 6-5 Control of dogs; prohibition on public property; exceptions.

[Amended 12-21-2009 by Ord. No. 2009-19 (1072)]

A. No owner shall fail to exercise proper control of his/her dog to prevent it from becoming a public nuisance. Excessive, continuous or untimely barking, molesting of passersby, chasing of vehicles, habitual attacking of other domestic animals and/or trespassing upon private property shall be deemed nuisances.

B. No person shall allow any animal owned or controlled by that person to enter onto any municipally owned or school-owned properties, including all municipal and school ball fields, tennis courts, basketball courts and playgrounds, except streets and sidewalks.

C. At all places of resort, with the exception of the municipal boardwalk, and in the goose-infested municipal parks, Lavallette Elementary School, playgrounds, Chandler Field ball field and the open fields bordering Bay Boulevard, a person may take an animal or dog which has been registered as a Lavallette Goose Patrol animal onto a place of resort during regular hours or operation of the Lavallette Goose Patrol.

§ 6-6 Barking.

No person residing within this Borough shall keep or maintain on his/her premises any dog or dogs which shall habitually bark in such a manner as to annoy other inhabitants of this Borough by interfering with the enjoyment of their properties, interfering with their sleep or rest or otherwise annoying them in the enjoyment of their properties in a substantial manner.

§ 6-7 Confinement of female dogs.

Every female dog in heat shall be confined in a building or secure enclosure in such a manner that such female dog cannot come into contact with another dog, except for planned breeding.

§ 6-8 Violations a nuisance.

Allowing any dog to run at large or allowing any dog to annoy other inhabitants of this Borough or the violation of § 6-5, 6-6 or 6-7 is hereby declared to be a nuisance, and allowing a dog or dogs to run at large or to be insecurely confined or controlled or allowing or permitting such dog or dogs to bark habitually, as provided in said preceding sections, is hereby declared a nuisance.

§ 6-9 Places of resort; Lavallette Goose Patrol; Goose Patrol Committee.

[Amended 12-21-2009 by Ord. No. 2009-19 (1072)]

A. No person shall take or permit an animal on said places of resort. An animal may be taken or permitted to be on the municipal boardwalk at all times other than the usual bathing season, as established by the governing body pursuant to § 7-9B of Chapter 7 of the Code, provided that the animal is secured by a leash or lead maintained by the owner or custodian of the animal. At all places of resort, with the exception of the municipal boardwalk, a person may take an animal or dog which has been registered as a Lavallette Goose Patrol animal onto a place of resort during regular hours of operation of the Lavallette Goose Patrol.

B. There shall be constituted within the Borough of Lavallette a civilian group known as the "Lavallette Goose Patrol." The Mayor shall appoint a committee, to be known as the "Goose Patrol Committee," consisting of three owners of registered Lavallette Goose Patrol animals and the Borough of Lavallette Animal Control Officer within 30 days of the effective date of this section. The Committee shall serve for one year. The Committee shall be responsible for enforcing the rules and regulations of this Chapter 6 solely among the participants in the Lavallette Goose Patrol program. The Committee shall have the authority to report noncomplying members to the Borough Clerk for removal from the Lavallette Goose Patrol membership. The Committee shall also he responsible for reviewing the applications for Goose Patrol membership annually and reporting to the Borough Clerk all participants in the program, any changes (i.e., additions/removals) in participation, and any other items of importance to the program.

C. There shall be permitted no more than 20 dogs at any one given location at any one time in the goose-infested municipal parks, Chandler Field ball field and the open fields bordering Bay Boulevard.

[Amended 8-1-2022 by Ord. No. 2022-11 (1229)]

D. Participants in the Lavallette Goose Patrol program must comply with the requirements of §§ 6-3 and 6-4 of this chapter and supply proof of the same to the Goose Patrol Committee annually as part of their registration for the program. They shall also abide by the rules and regulations which may be adopted from time to time by the governing body of the Borough of Lavallette by resolution duly enacted, for the operation of the said Lavallette Goose Patrol program.[1] Participants failing to abide by said rules and regulations shall be removed from the patrol membership list, and the exemptions of §§ 6-5B and 6-9 of the Code of the Borough of Lavallette, as to municipal parks, Chandler Field ball field and the open fields bordering Bay Boulevard, shall be revoked.

[Amended 8-1-2022 by Ord. No. 2022-11 (1229)]

[1] Editor's Note: Said rules and regulations are on file in the Borough offices.

E. The cost of membership to the Lavallette Goose Patrol shall be $25 per dog, annually or for any part of a year, payable at the time of registration and/or renewal.

[Amended 8-1-2022 by Ord. No. 2022-11 (1229)]

F. The Borough Clerk shall maintain a registry of those participants in the Lavallette Goose Patrol and shall advise the applicants of their rights and responsibilities as a member of the Lavallette Goose Patrol. The Borough Clerk shall maintain this list and provide a copy to the Department of Public Works, and the Police Department.

[Amended 8-1-2022 by Ord. No. 2022-11 (1229)]

§ 6-10 Impoundment of dogs found at large.

Any dog or animal found at large or found under circumstances or in conditions as specified in N.J.S.A. 4:19-15.16 may be taken by a police officer or the animal control officer, impounded in the animal shelter and there confined in the manner prescribed by N.J.S.A. 4:19-15.16.

§ 6-11 Redemption of impounded dog.

An owner reclaiming a dog impounded under § 6-10 of this chapter or any animal impounded for whatever reason shall pay a fee of $4 for each day that the dog has been impounded. The owner may also be proceeded against for violation of this chapter. Any owner of a dog that was unlicensed at the time of seizure must produce a license and registration tag for such dog in order to reclaim same.

§ 6-12 Summons for violation.

In addition to, or in lieu of, impounding a dog found at large, the animal control officer or police officer may issue to the known owner of such dog a summons for violation of this chapter.

§ 6-13 Care of animals; abandonment.

No owner shall fail to provide any animal in his/her control with a sufficient amount of good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering and humane care and treatment. No person shall beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse any animal, or cause or permit any animals to combat between themselves, nor shall any owner abandon such animal.

§ 6-14 Animals as prizes prohibited.

No person shall give away any animal as a prize for or as an inducement to enter any contest, game or other competition or as an inducement to enter a place of amusement, or offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.

§ 6-15 Animal bites.

Any animal which bites a person shall be quarantined on the premises of its owner under the supervision of the authority designated by the municipality for the period of time ordered by said authority. The animal shall be securely confined and kept from contact with any other animal or persons other than those residing in said premises during quarantine. The designated authority may require, at its discretion, special confinement and order the animal surrendered to the animal shelter or veterinary hospital at the owner's expense.

§ 6-16 Rabid animals.

No police officer or other person shall kill or cause to be killed any animal suspected of being rabid, except after the animal has been placed in quarantine and the diagnosis of rabies is made by a licensed veterinarian. If a veterinarian diagnoses a quarantined animal with rabies, then the animal shall be destroyed in a manner causing as little pain as possible in accordance with state law and the head of such animal sent to a laboratory for pathological examination and confirmation of the diagnosis.

§ 6-17 Power of animal control officer.

The animal control officer shall have police powers in the enforcement of this chapter, and no person shall interfere with, hinder, molest or abuse any animal control officer in the exercise of such powers.