[Adopted 12-18-1984 as § 3-10
of the 1984 Code]
[Amended 7-6-2015 by Ord.
No. 2015-19]
A pet is a domesticated animal (other than a disability assistance
animal) that is kept for amusement or companionship. However, no person,
possessor, or occupant of lands in the borough shall have, keep, raise,
or maintain any animal that could be used for farm or agricultural
purposes. Pets that serve as disability assistance animals must have
proper documentation certifying to such status, and said documentation
must be presented to the Zoning Officer.
[Amended 7-6-2015 by Ord.
No. 2015-19]
As used in this article, the following terms
shall have the meanings indicated:
No person owning or having responsibility for the care, custody,
or control of any common household pet shall permit such animal to
become a nuisance by:
Depositing any feces or committing any nuisance upon any sidewalk,
street, or thoroughfare or upon any public park, playground, or other
public place.
Soiling or defiling or causing any injury or damage to any lawn,
vegetable garden, shrubbery, trees, flowers, driveway, or ground on
any private property of persons other than that of the owner or person
responsible for the care, custody, or control of such pet.
Causing any injury to any person.
Crying, whining, howling, or otherwise disturbing the peace
or quiet of the neighborhood or the sleep of any person for any unreasonable
length of time.
Being or becoming a public nuisance or creating a condition
hazardous to the safety, health, or wellbeing of any resident, business
owner, or visitor.
No person shall keep, harbor, or maintain any common household
pet which habitually disturbs the peace, comfort, or quiet of any
neighbor. No person owning or having the responsibility for the care,
custody, or control of any common household pet shall permit the accumulation
of animal waste within or upon the premises where such animal or animals
are kept, so as to allow the creation of any public health hazard
or an odor of animal waste discernible beyond the property lines of
the dwelling unit upon which the animal or animals are kept.
Each of the household animal behaviors described in this definition
is hereby declared to be a nuisance.
Any animal which has attacked or bitten any human being, or
which habitually attacks other domestic animals, is hereby defined
to be a vicious animal for the purpose of this section. It shall be
the duty of any police officer of the Borough of Bay Head to receive
and investigate complaints against animals, and when any animal complained
against shall be deemed by such police officer of the Borough to be
a vicious animal, as herein defined, said officer shall report the
facts to the Judge of the Municipal Court, who shall thereupon cause
the owner or person harboring such animal to be notified, in writing,
of the complaint against such animal 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, and the Judge shall
decide in accordance with the evidence before him. If the Judge shall
decide that such animal complained of is a vicious animal, as defined
by this section, notice of such decision shall be given to the owner
or person harboring such animals. No animal which has been so determined
to be a vicious animal shall be permitted to run at large or to be
upon any street or public place in the Borough except while securely
muzzled and under leash, and the owner or person harboring any such
vicious animal who shall suffer or permit such animal to run at large
or to be upon any street or public place in said Borough while not
securely muzzled and under leash shall be guilty of a violation of
this code provision.
[Amended 11-19-1996 by Ord. No. 1996-5]
A.
Unless otherwise specified herein, for a violation
of any provision of this article, the maximum penalty, upon conviction
thereof, shall be a fine not exceeding $1,000 or imprisonment for
up to 90 days or a period of community service not exceeding 90 days,
or any combination thereof. Except as otherwise provided, each and
every day in which a violation of any provision of this article exists
shall constitute a separate violation.
B.
All fines and penalties under this article may be
paid directly to the Municipal Court Administrator, unless otherwise
indicated by the officer issuing the summons.
Upon conviction for violating the provisions
of this article, the person so convicted shall abate and cease and
desist to maintain the nuisance convicted of. If the nuisance is not
abated within 30 days from the date of conviction, then the Municipal
Clerk shall cause a notice to be sent, by ordinary mail, to the person
convicted stating that the nuisance has not been abated and that,
within 10 days from the date of the notice, the borough shall cause
same to be abated, and the costs of so doing shall be assessed against
the property in question.
