[Adopted 10-24-1996 by Ord. No. 21-1996]
No animal, whether or not domesticated, may
run at large upon the public highways or on the lands other than those
of the owner of or person keeping or harboring said animal within
the limits of the City of Egg Harbor City.
No person shall keep on any premises within
the City of Egg Harbor City any animal, whether or not domesticated,
causing a nuisance and disturbing the peace and quiet of the neighborhood
in which it is kept, whether said nuisance or disturbance of the peace
is caused by excessive, loud and continuous barking and howling or
through the excessive, loud and continuous making of any similar sounds
or noises.
No person owning, maintaining or harboring any
animal, whether or not domesticated, shall permit said animal at large
or animal which has previously displayed a tendency to do damage to
do any injury or damage to any lawn, shrubbery, flowers, grounds or
other personal property within the City of Egg Harbor City. For purposes
of this section, to permit an animal, whether domesticated or not,
at large to deposit excrement on the property of another shall be
considered a violation of this section for all purposes.
The Common Council shall appoint a special officer
to be known as an "Animal Control Officer," who shall hold his/her
office during the pleasure of the Common Council, and his/her compensation
for such services shall be set by the Common Council.
A.
It shall be the duty of the Animal Control Officer
to take into custody and impound any animal, whether or not domesticated,
found roaming or running at large and thereafter to dispose of or
destroy said animal as provided in this section.
B.
If any animal, whether domesticated or not, 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
of the person keeping or harboring said animal is known, the Animal
Control Officer or any person authorized by him/her in that behalf
shall forthwith serve on the person whose address is given on the
collar or harness or on the owner of the person keeping or harboring
said animal, if known, a notice, in writing, stating that the animal
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.
C.
A notice under this section may be served either by
delivering it to the person on whom it is to be served or by leaving
it at the person's usual or last known place of abode, or by forwarding
it by post in a prepaid letter addressed to that person at his/her
usual or last known place of abode, or to the address given on the
collar or harness.
D.
When any animal, whether domesticated or not, 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 said animal has not claimed
said animal and paid all expenses incurred by reason of its detention,
including maintenance not exceeding $10 per day, and if the animal
is unlicensed at the time of the seizure and the owner or person keeping
or harboring said animal has not produced a license and registration
tag for said animal, if said license is so required, the aforesaid
Animal Control Officer or any person authorized by him/her in that
behalf may cause the animal to be destroyed in a manner causing as
little pain as possible.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
Part 3.
Any person violating any of the provisions of
this Part 3 shall, upon conviction before a court of competent jurisdiction,
pay a fine not less than $50 nor more than $100 for the first offense,
shall pay a fine not less than $100 nor more than $250 for a second
offense and pay a fine of not less than $250 nor more than $1,000
for a third offense, and in addition thereto, said court of competent
jurisdiction may impose a jail term for any violation of this Part
3 not to exceed 30 days for a first offense, 90 days for a second
offense and 180 days for a third offense.
