[Adopted 6-10-1974 by Ord. No. 74-4 as
Ch. IV of the Revised General Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
Any 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.
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
has such a dog in his keeping.
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 seized either
under the provisions of this article or otherwise.
Any establishment where dogs are received, housed and distributed
without charge.
No person shall keep or harbor any dog within
the borough without obtaining a license therefor, to be issued by
the Clerk of the borough upon application by the owner and payment
of the prescribed fee, and no person shall keep or harbor any dog
in the borough except in compliance with this article.
Any person who shall own, keep or harbor a dog
of licensing age shall, in the month of January and annually thereafter,
apply for and procure from the Clerk of the borough 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.
[Amended 6-11-1979 by Ord. No. 79-13; 10-13-1981 by Ord. No.
81-7; 8-12-1983 by Ord. No. 83-8; 7-16-1997 by Ord. No. 97-8; 12-15-2010 by Ord. No. 2010-19]
A.
License fees. The person applying for the license
and registration tag shall pay a fee of $5 for each dog spayed or
neutered, and $8 for each dog not spayed or neutered, and for each
annual renewal the fee for the license and for the registration tag
shall be the same as for the original license and tag, and the licenses,
registration tags and renewals thereof shall expire annually on January
31. An additional fee shall be charged for each dog license issued
after the January 31 expiration date, for a total fee for a late dog
license of $21.
B.
Exceptions. 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 and 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.
The owner of any newly acquired dog of licensing
age or of any dog which attains licensing age shall make application
for a license and registration tag for such dog within 10 days after
such acquisition.
The application shall state the breed, sex,
age, color and markings of the dog for which license and registration
are sought and whether it is of a long- or short-haired variety and
also the name, street and post office address of the owner and the
person who shall keep or harbor such dog. The information on the application
and the registration number issued for the dog shall be preserved
for a period of three years by the Borough Clerk. In addition, he
shall forward similar information to the State Department of Health
each month, on forms furnished by the Department. Registration numbers
shall be issued in the order of the applications.
A.
Licensed. Any person who shall bring or cause to be brought into the borough any dog licensed in another state for the current year and bearing a registration tag and shall keep the same or permit the same to be kept within the borough for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog, unless such dog shall be licensed under § 57-9.
B.
Unlicensed. Any person who shall bring or cause to be brought into the borough any unlicensed dog and shall keep the same or permit the same to be kept within the borough for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog, unless such dog shall be licensed under § 57-9.
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.
A.
License required. Any person who keeps or operates
or proposes to establish a kennel, a pet shop, a shelter or a pound
shall apply to the Clerk of the borough for a license entitling him
to keep or operate such establishment.
B.
Application. The application shall describe the premises
where the establishment is located or is proposed to be located and
the purpose for which it is to be maintained and shall be accompanied
by the written approval of the Borough Health Officer showing compliance
with the local and state rules and regulations governing location
of and sanitation of such establishments.
C.
Expiration and revocation. 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
annually on June 30 and be subject to revocation by the Borough Council,
on recommendation of the State Department of Health or the Board of
Health of the borough, for failure to comply with the rules and regulations
of the State Department of Health or the Board of Health of the borough
governing the same, after the owner has been afforded a hearing by
either the State Department of Health or the Board of Health of the
Borough.
[Amended 7-16-1997 by Ord. No. 97-8]
D.
Transferability. Any person holding such license shall
not be required to secure individual licenses for dogs owned by such
licensee and kept at such establishment. Such licenses shall not be
transferable to another owner or different premises.
E.
License fees. The annual license fee for a kennel
providing accommodations for 10 or fewer dogs shall be $10 and for
more than 10 dogs shall be $25. The annual license fee for a pet shop
shall be $10. No fee shall be charged for a shelter or pound.
F.
Leashing regulations. No dog kept in a kennel, pet
shop, shelter or pound shall be permitted off such premises, except
on leash or in a crate or other safe control.
A.
License fees and other moneys collected or received
under provisions of this article, except registration tag fees, shall
be forwarded to the Treasurer of the borough within 30 days after
collection or receipt and shall be placed in a special account separate
from any other accounts of the borough and which shall be used for
the following purposes only: for collecting, keeping and disposing
of dogs liable to seizure under this article; for local prevention
and control of rabies; for providing antirabic treatment under the
direction of the local Board of Health for any person known or suspected
to have been exposed to rabies; for 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 be used only 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 borough any
amount 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 fee for each dog shall be forwarded
within 30 days after collection by the Clerk to the State Department
of Health.
[Amended 7-19-1997 by Ord. No. 97-8]
The Borough Clerk 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.
[Amended 7-16-1997 by Ord. No. 97-8]
The Animal Control Officer of the borough shall,
promptly after February 1 and annually thereafter, cause a canvass
to be made of all dogs owned, kept or harbored within the borough
and shall report to the Borough Clerk, the Borough 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 of the persons, together
with the registration number of each of the dogs, and the number of
unlicensed dogs owned, kept or harbored by each of the persons, together
with a complete description of each of the unlicensed dogs.
[Amended 7-16-1997 by Ord. No. 97-8]
A.
Appointment. The Borough Council shall have the power
to appoint Animal Control Officers, whose duty it shall be to enforce
the provisions of this article and who may impound unlicensed dogs
running at large in violation of the provisions of this article.
B.
Power to impound; causes therefor. The Animal Control
Officer of the borough shall take into custody and impound or cause
to be taken into custody and impounded and thereafter destroyed or
disposed of as provided by law:
(1)
Any dog off the premises of the owner or of the person
keeping or harboring the dog which the official or his agent has reason
to believe is a stray dog.
(2)
Any dog off the premises of the owner or of the person
keeping or harboring the dog without a current registration tag on
his collar.
(4)
Any dog or other animal which is suspected to be rabid.
(5)
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.
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.
No person shall hinder or interfere with anyone
authorized or empowered to perform any duty under this article.
No person shall keep, harbor or maintain any
dog which habitually barks or cries.
[Amended 10-18-2006 by Ord. No. 06-20]
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 or in any public building or in any other public
place within the Borough. This section shall not prohibit the orderly
use of the municipal dog park, as otherwise set forth in this article.
[Amended 12-23-1991 by Ord. No. 91-66; 2-18-1998 by Ord. No.
98-1; 10-18-2006 by Ord. No. 06-20; 12-21-2011 by Ord. No. 2011-08; 10-14-2020 by Ord. No. 2020-13]
A.
Public places. No person owning, keeping or harboring any dog shall
suffer or permit it to be upon the public streets or in any public
places of the Borough 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 six feet long. In the event that the
dog, whether or not on a leash, attacks any person or other dog, the
Borough Animal Control Officer shall take enforcement action as provided
by law. The offending dog owner shall further be liable for the penalties
provided in this article.
B.
Prohibition. No person shall permit any dog to be in or upon the
beach dune area along the Atlantic Ocean or the inlet or that portion
of the public land bordering Barnegat Bay or any arm there devoted
to public bathing commencing April 15 through September 30.
C.
This section shall not prohibit the orderly use of the municipal
dog park, as otherwise set forth in this article. In the event, however,
that a dog attacks any person or other dog, the Borough Animal Control
Officer shall take enforcement action as provided by law, and the
Borough shall ban said dog from the municipal dog park. The offending
dog owner shall further be liable for the penalties provided in this
article.
[Added 10-18-2006 by Ord. No. 06-20;
amended 12-21-2011 by Ord. No. 2011-08; 5-11-2016 by Ord. No. 2016-003; 4-12-2017 by Ord. No. 2017-004; 2-13-2018 by Ord. No. 2018-02; 9-12-2018 by Ord. No.
2018-12]
A.
There is hereby established within the Borough of Barnegat Light
a municipal dog park, located upon the municipal recreational property
at 10th Street. Notwithstanding anything
in this chapter to the contrary, duly licensed and supervised dogs
may run at large upon the lands of the municipal recreation property
in the designated dog park area without leash, so long as each dog
is properly controlled and monitored to prevent any injury, damage
or soil to any person, property or other animal in the area. In the
event that a dog attacks any person or other dog, the Borough Animal
Control Officer shall take enforcement action as provided by law,
and the Borough shall ban said dog from the municipal dog park. The
offending dog owner shall further be liable for the penalties provided
in this chapter. The Borough Council may adopt further rules and regulations
governing the use of the dog park area, as it may deem appropriate,
from time to time.
B.
Any person desiring to use the Borough's dog park for any dog owned
by him may do so only after licensing and registering said dog with
the Borough of Barnegat Light. The Borough shall issue to said registrant
a key card for entry into the Borough dog park. Any person who has
licensed and has been issued a registration for his dog by another
municipality may obtain a dog park key card only upon presentation
of said license and registration, along with current information regarding
the breed, sex, age, immunization, color and markings of the dog for
which license and registration was issued, and whether it is of a
long- or short-haired variety, and also the name, street and post
office address of the owner and the person who shall own, keep or
harbor such dog; and there shall be a $30 fee for the same.
C.
No person shall be permitted to use the Borough's dog park for more
than two dogs at any time.
D.
Proof of licensing and registration shall be required annually.
E.
The Borough shall require strict compliance with all other rules
and regulations set forth in this chapter. The Borough may adopt additional
rules and regulations by resolution of the Mayor and Borough Council.
[Amended 6-2-1989 by Ord. No. 89-14; 3-16-2005 by Ord. No.
05-8]
A.
All persons owning or having the care, custody or
control of any dog or pet or animal are required to immediately and
properly dispose of their pet's solid waste deposited on any property,
public or private, not owned or possessed by that person. A person
who requires the use of a disability assistance animal shall be exempt
from the provision of this section while such animal is being used
for that purpose.
B.
No person owning, keeping or harboring a dog or any
other pet or animal shall permit it to do any damage to any lawn shrubbery,
flowers, grounds or property.
C.
No person owning or having the care, custody or control
of any dog or pet or animal shall permit such dog, pet or animal to
soil, defile or defecate upon any sidewalk, street or upon any public
property or in or upon the property of persons other than the owner
or person having the care, custody or control of such dog, pet or
animal. If a dog, pet or animal should defecate upon any side street,
public property or property of persons other than the owner or person
having the care, custody or control of such dog, pet or animal, the
owner or person having the care, custody or control of such dog, pet
or animal shall be responsible for the immediate removal of such defecation
from such property and shall properly dispose of the same.[2]
[2]
Editor's Note: Former Sec. 4-24, Vicious Dogs,
which immediately followed this subsection, was repealed 7-16-1997
by Ord. No. 97-8.
[1]
Editor's Note: Former Sec. 4-22, Muzzle Requirements,
which immediately preceded this section, was repealed 8-12-1983 by
Ord. No. 83-8.
[Added 3-16-2005 by Ord. No. 05-8[1]]
No person shall feed, or expose or scatter edible
material for feeding, in any public park or on any other property
owed or operated by the Borough of Barnegat Light, any animal wildlife,
other than confined animal wildlife (e.g., wildlife confined to zoos,
parks, rehabilitation centers, environmental education centers), except
that feeding does not include baiting in the legal taking of fish
and/or game.
