[Adopted 6-7-1982 by Ord. No. 11-1982
as Art. I of Ch. 98 of the 1982 Code]
This article shall be deemed to apply only to
a dog which has attained the age of seven months or which possesses
a set of permanent teeth.
As used in this article, the following terms
shall have the meanings indicated:
Any male or female dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
[Added 11-3-1997 by Ord. No. 49-1997; amended 2-17-1999 by Ord. No. 6-1999]
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
harbors or has such dog in his keeping.
Any person who shall own, keep or harbor a dog
of licensing age in the city shall, in the month of January in each
year, apply for and procure from the City Clerk a license and official
metal registration tag for each such dog so owned, kept or harbored
and shall place upon each such dog a collar or harness with the registration
tag securely fastened thereto.
The owner of any newly acquired dog of licensing
age or of any dog which attains licensing age shall apply for a license
and registration tag for such dog within 10 days after such acquisition
or age attainment.
A.
The application shall state the breed, sex, age, color
and markings of the dog for which the license and registration are
sought and whether it is of a long-haired or short-haired variety
and the name, street and post office address of the owner and the
person who shall keep or harbor such dog.
B.
The information on said application and the registration
number issued for the dog shall be preserved for a period of three
years by the City Clerk. In addition, he shall forward to the State
Department of Health each month, on forms furnished by said Department,
an accurate account of registration numbers issued or otherwise disposed
of. Registration numbers shall be issued in the order of the applications.
A.
Except as otherwise provided in Subsection B of this section, the person applying for the license and registration tag shall pay to the City Clerk one of the following:
[Amended 11-3-1997 by Ord. No. 49-1997]
(1)
Five dollars for each dog which has been spayed or
neutered; $8 for each dog that is not spayed or neutered. Said licenses
shall expire on the 31st day of January in each year.
(2)
A late fee of $5 will be charged to each license purchased
after March 31, with the exception of dogs who could not be licensed
prior to March 31.
B.
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 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.
[Amended 2-17-1999 by Ord. No. 6-1999]
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.
No dog, whether licensed or not, shall be permitted
by its owner or keeper to run at large upon any of the sidewalks,
streets or public places of the city at any time; provided, however,
that the owner or keeper of a dog, his agent, servant or employee
may permit his dog to be upon the sidewalks, streets, avenues, highways
or alleys if such dog shall be led by a line, leash or chain fastened
to the collar or harness upon such dog. The line, leash or chain shall
be held by such owner or keeper or his agent, servant or employee
in such manner that the dog shall be kept fully under control of such
owner or keeper, or his agent, servant or employee so as to prevent
the dog from biting persons upon the sidewalks, streets or public
places and in such manner as to prevent said dog from causing damage
or injury to property of any of the residents of this City.[1]
[1]
Editor's Note: Former § 98-10, Muzzling
proclamation, which immediately followed this section, was repealed
11-3-1997 by Ord. No. 49-1997.
There shall be a Animal Control Officer appointed
by the Council, whose duty it shall be to enforce the provisions of
this article. He shall be paid an annual salary as determined by ordinance
of the Council. Nothing contained in this section or in any other
section of this article shall be construed as limiting the duty or
authority of the Chief of Police and of the members of the Police
Department to enforce the provisions of this article.[1]
[1]
Editor's Note: Former § 98-12, Deputy
Dog Warden appointed, which immediately followed this section, was
repealed 11-3-1997 by Ord. No. 49-1997.
[Amended 11-3-1997 by Ord. No. 49-1997; 2-17-1999 by Ord. No. 6-1999]
The City Clerk shall biennially cause a canvass
to be made of all dogs owned, kept or harbored within the limits of
the City. He/she shall report, on or before September 1 of each year,
the results to the State Department of Health.
It shall be the duty of the Animal Control Officer
to take into custody and impound or cause to be taken into custody
and impounded and taken to a suitable facility or place determined
by the Council, the following:
A.
Any dog off the premises of the owner or of the person
keeping or harboring said dog, which said Animal Control Officer has
reason to believe is a stray dog.
B.
Any dog off the premises of the owner or of the person
keeping or harboring said dog, without a current registration tag
on his collar.
C.
Any female dog in season off the premises of the owner
or of the person keeping or harboring said dog.
[Amended 8-1-2016 by Ord.
No. 9-2016]
The provisions of N.J.S.A. 4:22-11-1 through N.J.S.A. 4:22-60
governing the prevention of cruelty to animals are incorporated herein
by reference.
A.
TETHER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
To restrain an animal by tying to any stationary object or
structure, including but not limited to a house, tree, fence, post,
garage or shed, by any means but not limited to a chain, rope, cord,
leash, or pulley/running line, but shall not include the use of a
leash when walking an animal.
B.
Chaining or tethering of dogs.
(1)
Dogs shall be able to move freely when tethered and shall be so confined
for a period no greater than nine hours in a twenty-four-hour period.
The size of the tether shall be a minimum of 15 linear feet and shall
remain tangle-free. Dogs must be equipped with a properly fitted harness
or buckle-type collar. The tether or chain shall be constructed of
lightweight material, not weighing more than 1/16 of the animal's
weight. A doghouse shall be accessible to dogs that are chained or
tethered. Tethered animals shall have access to potable water, food,
shelter, and dry ground at all times.
(2)
No dog or other domesticated animal shall remain outdoors, tethered,
untethered, or penned during a period of extreme weather, including
but not limited to, extreme heat (above 90º F.) extreme cold
(below 32º F.), or during thunderstorms, tornadoes, tropical
storms, or hurricanes.
(3)
In no instance shall a dog or other domesticated animal remain outdoors,
tethered, untethered, or penned under the age of six months old, or
while sick, injured, or in distress.
C.
Enforcement and entry onto premises.
(1)
Any Pleasantville Police Officer, humane law enforcement officer
or agent of the New Jersey Society for the Prevention of Cruelty to
Animals (SPCA), Atlantic County SPCA, the Pleasantville Animal Control
Officer or vendor may, upon notification to the Pleasantville Police
Department, immediately enter onto private property where a dog is
located and take physical custody of the dog or other animal which
is at risk of imminent harm due to a violation of this subsection;
and shall place the dog or other domesticated animal under the care
of the Atlantic County Animal Shelter to ensure the humane care and
treatment of the dog or other domesticated animal.
No person shall hinder, molest or interfere
with any person appointed as Animal Control Officer or any officer
of the City or other duly authorized agent in the performance of any
duty authorized or empowered by this article.
[Amended 11-3-1997 by Ord. No. 49-1997]
A.
If any dog seized as provided in Subsections A to D, both inclusive, of § 90-12 wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or if the owner or the person keeping or harboring said dog is otherwise known, the Animal Control Officer shall forthwith serve or cause to be served on the person whose address is given on the collar, or on the owner or on the person keeping or harboring said dog, if known, 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 the service of the notice.
[Amended 2-17-1999 by Ord. No. 6-1999]
B.
The notice referred to in Subsection A of 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 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.
C.
The preceding requirements of Subsections A and B of this section shall not be deemed applicable when any dog found running at large or seized and impounded pursuant to § 98-12 (whether licensed or unlicensed) is vicious or appears to be suffering from rabies. In such case, the Animal Control Officer or any member of the Police Department may forthwith cause said dog to be destroyed.
A.
License fees, redemption fees and other moneys collected
or received under the provisions of this article, except registration
tag fees, shall be forwarded by the City Clerk to the City Treasurer
within 30 days after collection or receipt.
B.
Such fees and other moneys shall be placed in a separate
account from any of the other accounts of the City and shall be used
only for the purposes permitted by N.J.S.A. 4:19-15.11.
C.
The registration tag fees shall be forwarded by the
Clerk, within 30 days after collection, to the State Department of
Health, as prescribed by N.J.S.A. 4:19-15.11.
A.
Any dog which has attacked or bitten any human being
or which habitually attacks other dogs or domestic animals is hereby
defined to be a "vicious dog" for the purposes of this section.
B.
It shall be the duty of the Chief of Police or Acting
Chief to receive and to cause to be investigated complaints against
dogs. When any dog complained against shall be deemed by the Chief
of Police or Acting Chief to be a vicious dog as herein defined, he
shall report the facts to the Municipal Judge, who shall thereupon
cause the owner or person harboring such dog to be notified in writing
of the complaint against such dog and to appear before said Judge
at a stated time and place. The 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.
C.
If the Judge shall decide, in accordance with the evidence before him, that such dog complained of is a vicious dog as defined by this section, notice of such decision shall be given to the owner or person harboring such dog. Thereafter, no such dog, determined as aforesaid to be a vicious dog, shall be permitted to run at large or be upon any street or public place in the city, except while securely under leash, as provided in § 90-9 hereof. The owner or person harboring any such vicious dog who shall suffer or permit such dog to run at large or be upon any street or public place in the City, while not securely muzzled and under leash, shall be guilty of a violation of this article.
[Amended 2-17-1999 by Ord. No. 6-1999]
No person shall keep, harbor or maintain any
dog which habitually barks, howls, whines or cries between the hours
of 12:00 midnight and 7:00 a.m. or which, by frequent barking, howling,
whining or crying, disturbs the peace, comfort or quiet of the neighborhood,
thereby creating or maintaining a nuisance.
[Amended 2-17-1999 by Ord. No. 6-1999; 4-17-2000 by Ord. No. 7-2000]
Except as provided in N.J.S.A. 4:19-15.19, any
person violating or failing to comply with any of the provisions of
this article shall, upon conviction in the Municipal Court of the
City of Pleasantville, be subject to a fine of not less than $100
nor more than $1,000, imprisonment for a term not exceeding 90 days
and/or a period of community service not exceeding 90 days. Each day
such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such. Any person pleading
guilty may pay a fine of $50 directly to the Municipal Court of the
City of Pleasantville.
