[Adopted 12-18-1984 as Ch. 5 of
the 1984 Code]
As used in this Article, the following terms
shall have the meanings indicated:
Any member of the species generally referred to as "Canis
familiaris."
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.[1]
When applied to the proprietorship of a dog, shall include
every person having a right of property in such dog and every person
who has such dog in his keeping.[2]
Any dog secured by a leash or lead or under the control of
a responsible person and obedient to that person's commands within
the real property limits of its owner.[3]
A.
License; when required. Licenses shall be required
for the following dogs of licensing age:
(1)
Any dog acquired by any person during the course of
any calendar year and kept within the borough for more than 10 days
after acquisition.
(2)
Any dog owned or kept within the borough by a resident
of the borough on January 1 of any calendar year.
(3)
Any dog attaining licensing age during the course
of the calendar year.
(4)
Any unlicensed dog brought into the borough by any
person and kept within the borough for more than 10 days.
(5)
Any dog licensed by another municipality brought into
the borough by any person and kept within the borough for more than
30 days.
B.
Application for license.
(1)
Each application for a license under this Article
shall give the following information:
(2)
Registration numbers shall be issued in the order
in which applications are received.
C.
Application for license; when made. Applications for licenses for dogs which are required to be licensed by the provisions of Subsection A(1) shall be made before February 1 of each calendar year. In all other cases, the application for a license shall be made at the time the dog in question first becomes subject to the provisions of this section.
D.
License record. The information on all applications
under this Article and the registration number issued to each licensed
dog shall be preserved for a period of three years by the Municipal
Clerk. In addition, he shall forward similar information to the New
Jersey Department of Health each month on forms furnished by the Department.
E.
The person applying for the license and registration
tag shall pay a fee for each dog as set forth in the fee schedule
on file in the Municipal Clerk's office and also additional fees charged
by the State of New Jersey of $0.20 for the pilot clinic, $1 for registration
and $3 for unspayed/unneutered dogs.
[Amended 1-19-1988 by Ord. No. 1988-2[1]]
F.
Expiration date. Each dog license and registration
tag shall expire on January 31 of the calendar year following the
calendar year in which it was issued.
G.
Exceptions. Dogs used as guides for blind persons,
commonly known as "Seeing Eye" dogs; to assist handicapped persons,
commonly known as "service dogs"; or to assist deaf persons, commonly
known as "hearing ear" dogs, shall be licensed in the same manner
as other dogs, except that the owner or keeper shall not be required
to pay any fee.[2]
A.
Use of fees.
(1)
License fees and other moneys collected or received
under the provisions of this Article shall be forwarded to the Borough
Treasurer within 30 days after collection or receipt and shall be
placed in a special account separate from any other accounts of the
borough and shall be used for the following purposes only:
(a)
For collecting, keeping and disposing of dogs liable
to seizure under the provisions of this Article;
(b)
For local prevention and control of rabies;
(c)
For providing anti-rabic treatment under the direction
of the Mayor and Council for any person known or suspected to have
been exposed to rabies;
(d)
For all other purposes prescribed by statutes of New
Jersey governing the subject; and
(e)
For administering the provisions of this Article.
(2)
Any unexpended balance remaining in such special account
shall be retained therein until the end of the third fiscal year following,
and at the end of each fiscal year thereafter there shall be transferred
from the special account to the general funds of the borough any amount
then in such account which is in excess of the total amount paid into
said special account during the last two fiscal years preceding.
B.
The registration fee for each dog, as set forth in
the fee schedule on file at the Municipal Clerk's office, shall be
forwarded within 30 days after collection by the Clerk to the State
Department of Health.
[Amended 11-19-2006 by Ord. No. 1996-5]
No license shall be issued or granted nor shall
any official registration tag be issued or granted for any dog unless
the owner or keeper thereof provides evidence that the dog to be licensed
and registered has been inoculated with a rabies vaccine of a type
approved by and administered in accordance with the regulation of
the United States Department of Health, Education and Welfare or has
been certified exempt as provided by the regulations of the State
Department of Health. Such vaccination shall be repeated at intervals
as provided by the regulations of the State Department of Health and
shall be administered by a duly licensed veterinarian or by such veterinarian
permitted by law to do so.
[Amended 11-19-2006 by Ord. No. 1996-5; 7-6-2015 by Ord. No. 2015-18]
A.
Definitions and word usage.
(1)
For the purpose of this article, the following terms, phrases, words,
and their derivations shall have the meanings stated herein unless
their use in the text of this article clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
(2)
ANIMAL CONTROL OFFICER
BODILY INJURY
DOG
DOMESTIC ANIMAL
OWNER
PET
POTENTIALLY DANGEROUS DOG
SERIOUS BODILY INJURY
VICIOUS DOG
As used in this article, the following terms shall have the meanings
indicated:
The individual who serves as a certified municipal animal
control officer or, in the absence of such an officer, the chief law
enforcement officer of the municipality, or his or her designee. The
Police Department, in conjunction with the Animal Control Officer,
shall be responsible for enforcement of all provisions in this chapter
and shall have the power and the authority to issue summonses for
violations thereof and to take such actions as proscribed hereunder
to enforce the provisions hereof.
Physical pain, illness, or any impairment of physical conditions.
Any member of the species generally referred to as "Canis
familiaris," in whole or in part.
Any animal kept as a pet, except those animals explicitly
disallowed by ordinance, that provides companionship or amusement
(excluding disability assistance animals) to its owner.
When applied to the proprietorship of a dog, shall include
every person having a right of property in such dog and every person
who has such dog in his or her keeping.
A domesticated animal (other than a disability assistance
animal or an animal explicitly prohibited by ordinance) kept for companionship
or amusement.
Any dog or dog hybrid declared by the Municipal Court to
be same if it finds that the dog caused bodily injury as defined herein
and in N.J.S.A. 2C:11-1a to a person during an unprovoked attack,
and poses a serious threat of bodily injury or death to a person;
or killed another domestic animal; and poses a threat of serious bodily
injury or death to a person; or poses a threat of death to another
domestic animal; or has been trained, tormented, badgered, baited
or encouraged to engage in unprovoked attacks upon persons or domestic
animals. A dog shall not be declared "potentially dangerous" for causing
bodily injury as defined herein and in N.J.S.A. 2C:11-1a to a person
if that person was committing or attempting to commit a crime or if
that person was tormenting or inflicting pain upon the dog in such
an extreme manner that an attack of such nature could be considered
provoked; or killing a domestic animal if the domestic animal was
the aggressor.
Bodily injury which creates a substantial risk of death or
which causes serious, permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ.
Any dog or dog hybrid declared to be same if the Municipal
Court finds that the dog killed a person or caused serious bodily
injury as defined herein and in N.J.S.A. 2C:11-1b to a person; or
has engaged in dog-fighting activities as defined in N.J.S.A. 4:22-24
and N.J.S.A. 4:22-26. A dog shall not be declared "vicious" for inflicting
death or serious bodily injury as defined herein and in N.J.S.A. 2C:11-1b
upon a person if that person was committing or attempting to commit
a crime or inflicting pain upon the dog in such an extreme manner
that an attack of such nature could be considered provoked.
B.
Seizure and impoundment. The Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog attacked a person and caused death or serious bodily injury, as defined in § 69-9A, to that person; caused bodily injury, as defined in § 69-9A, to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals; engaged in dog-fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26; or has been trained, tormented, badgered, baited, or encouraged to engage in unprovoked attacks upon persons or domestic animals. The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the Ocean County Board of Health, the dog may be impounded in a facility or other structure agreeable to the owner.
C.
Notice of seizure; determination of owner; destruction of dog.
(1)
The Animal Control Officer shall notify the Municipal Court within three working days that he or she has seized and impounded a dog pursuant to § 69-9B or that he or she has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The Animal Control Officer shall, through a reasonable effort, attempt to determine the identity of the owner of any dog seized and impounded. If its owner cannot be identified within 14 days, that dog may be humanely destroyed.
(2)
The Municipal Court shall, within three working days of the determination
of the identity of the owner of a dog seized and impounded pursuant
hereto, notify by certified mail, return receipt requested, the owner
concerning the seizure and impoundment and the grounds for a hearing.
The notice shall also require that the owner return within 14 days,
by certified mail or hand delivery, a signed statement indicating
whether he or she wishes the hearing be conducted or, if not, to relinquish
ownership of the dog, in which case the dog may be humanely destroyed.
If the owner cannot be notified by certified mail, return receipt
requested, or refuses to sign for the certified letter or does not
reply to the certified letter with a signed statement within 14 days
of receipt, the dog may be humanely destroyed.
D.
Notice of hearing evidence.
(1)
The Municipal Court shall conduct a hearing, within 30 days of the
receipt of the signed statement from the dog's owner, to determine
whether the dog impounded pursuant is vicious or potentially dangerous.
(2)
The Municipal Court shall notify the owner of the impounded dog by
certified mail, return receipt requested, and Ocean County Department
of Health, and State Department of Health of the date and time of
the hearing. The owner shall have the opportunity to present evidence
to demonstrate that the dog is not vicious or potentially dangerous.
E.
Declaration of vicious dog.
(1)
The Municipal Court shall declare the dog vicious if it finds by
clear and convincing evidence that the dog killed a person or caused
serious bodily injury as defined above or has engaged in dog fighting
as described in N.J.S.A. 4:22-24 and 4:22-26.
(2)
A dog shall not be declared vicious for inflicting death or serious
bodily injury, as defined above, upon a person if the dog was provoked.
The municipality shall bear the burden of proof to demonstrate the
dog was not provoked.
(3)
If the Municipal Court declares a dog to be vicious and no appeal
is made of this ruling, the dog shall be destroyed in a humane and
expeditious manner, except that no dog may be destroyed during the
pendency of an appeal.
F.
Declaration of potentially dangerous dog.
(1)
The Municipal Court shall declare a dog to be potentially dangerous
if it finds, by clear and convincing evidence, that the dog caused
bodily injury to a person during an unprovoked attack and poses a
serious threat of bodily injury or death to a person; or killed another
domestic animal and poses a threat of serious bodily injury or death
to a person or poses a threat of death to another domestic animal;
or has been trained, tormented, badgered, baited or encouraged to
engage in unprovoked attacks upon person or domestic animals.
(2)
A dog shall not be declared potentially dangerous for causing bodily
injury to a person if the dog was provoked or for killing a domestic
animal if the domestic animal was the aggressor. The municipality
shall bear the burden of demonstrating that the dog was not provoked.
G.
Order and schedule for compliance. If the Municipal Court declares
the dog to be potentially dangerous, it shall issue an order and a
schedule for compliance which, in part:
(1)
Shall require the owner to comply with the following conditions:
(a)
To apply, at his or her own expense, to the Borough Clerk for
a special municipal potentially dangerous dog license, municipal registration
number and red identification tag. The owner shall, at his or her
own expense, have the registration number tattooed upon the dog in
a prominent location. A potentially dangerous dog shall be impounded
until the owner obtains a potentially dangerous dog license, municipal
registration number, and red identification tag.
(b)
To display, in a conspicuous manner, a sign on his or her premises
warning that a potentially dangerous dog is on the premises. The sign
shall be visible and legible from 50 feet of the enclosure.
(c)
To immediately erect and maintain an enclosure, commonly referred
to as a dog run, for the potentially dangerous dog, which has sound
sides, top and bottom to prevent the potentially dangerous dog from
escaping by climbing, jumping, or digging and within a fence of at
least six feet in height separated by at least three feet from the
confined area. The owner of a potentially dangerous dog shall securely
lock the enclosure to prevent the entry of the general public and
to preclude any release or escape of the potentially dangerous dog
by an unknowing individual. The potentially dangerous dog shall be
confined in the enclosure or, if taken out of the enclosure, securely
muzzled and restrained with a tether approved by the Animal Control
Officer and having a minimum tensile strength sufficiently in excess
of that required to restrict the potentially dangerous dog's
movements to a radius of no more than three feet from the owner and
under the direct supervision of the owner.
(2)
May require the owner to comply with the following condition:
(a)
To maintain liability insurance in an amount determined by the
Municipal Court to cover any damage or injury caused by the potentially
dangerous dog. The liability insurance, which may be separate from
any other homeowner policy, shall contain a provision naming the Borough
of Bay Head as an additional insured for the sole purpose of being
notified by the insurance company of any cancellation, termination,
or expiration of the liability insurance policy.
H.
Procedure for appeal. The owner of the dog, or the animal control
officer in the municipality in which the dog was impounded, may appeal
any final decision, order or judgment, including any conditions attached
thereto, of a municipal court pursuant to P.L. 1989, c. 307 (N.J.S.A.
4:19-17 et seq.) by filing an appeal with the Superior Court, Law
Division, in accordance with the Rules Governing the Courts of the
State of New Jersey, pertaining to appeals from courts of limited
jurisdiction. The Superior Court shall hear the appeal by conducting
a hearing de novo in the manner established by those rules for appeals
from courts of limited jurisdiction.
I.
Liability of owner.
(1)
If a dog is declared vicious or potentially dangerous and all appeals
pertaining thereto have been exhausted, the owner of the dog shall
be liable for the costs and expenses of impounding and destroying
the dog. The owner shall incur the expense of impounding the dog in
a facility other than Ocean County's dog pound, regardless of
whether the dog is ultimately found to be vicious or potentially dangerous.
(2)
If the dog has bitten or exposed a person within 10 days previous
to the time of euthanasia, its head shall be transported to the New
Jersey State Department of Health laboratory for rabies testing.
J.
Hearing for subsequent actions of dog. If the Municipal Court finds
that the dog is not vicious or potentially dangerous, the Municipal
Court shall retain the right to convene a hearing to determine whether
the dog is vicious or potentially dangerous for any subsequent actions
of the dog.
K.
Duties of owner of potentially dangerous dogs.
(1)
Comply with the provisions of this chapter and N.J.S.A. 4:19-17 et
seq., in accordance with a schedule established by the Municipal Court,
but in no case more than 60 days subsequent to the date of determination.
(2)
Notify the Borough Clerk, the Police Department, and the Animal Control
Officer if a potentially dangerous dog is at large or has attacked
a human being or killed a domestic animal.
(3)
Notify the Borough Clerk, the Police Department, and the Animal Control
Officer within 24 hours of the death, sale, or donation of a potentially
dangerous dog.
(4)
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous.
(5)
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the State Department of Health, the Ocean County
Department of Health, the licensing authority, the police department,
and animal control officer of that municipality of the transfer of
ownership and the name, address and telephone of the new owner.
(6)
In addition to any license fee required, pay a potentially dangerous
dog license fee as provided in this chapter.
L.
Violations and penalties; enforcement. The owner of a potentially
dangerous dog who is found by clear and convincing evidence to have
violated this chapter or any rule or regulation adopted pursuant thereto
or to have failed to comply with a court's order shall be subject
to a fine of not more than $2,000 per day of the violation, and each
day's continuance of the violation shall constitute a separate
and distinct violation. The Municipal Court shall have jurisdiction
to enforce this section. The Animal Control Officer is authorized
to seize and impound any potentially dangerous dog whose owner fails
to comply with the provisions of this chapter or any rule or regulation
adopted pursuant hereto or a court's order. The Municipal Court
may order that the dog so seized and impounded be destroyed in an
expeditious and humane manner.
M.
Registration and license; report of violations.
(1)
A potentially dangerous dog registration number and red identification
tag along with a potentially dangerous dog license, upon a demonstration
of sufficient evidence by the owner to the Animal Control Officer
that he or she has complied with the court's orders, shall be
issued. The Animal Control Officer shall verify, in writing, compliance
to the Borough Clerk.
(2)
A notice to report violations of this chapter shall be made to the
Township Clerk's office. A copy of this chapter shall be on file
with the Department of Health.
N.
License fee. The fee for all potentially dangerous dog licenses shall
be $500 annually and each renewal thereof.
[Amended 11-19-2006 by Ord. No. 1996-5]
A.
Any person appointed for the purpose by the governing
body of the municipality shall take into custody and impound or cause
to be taken into custody and impounded and thereafter destroyed or
offered for adoption as provided in this section:
(1)
Any dog off the premises of the owner or of the person
keeping or harboring said dog, which said official or his agent or
agents have reason to believe is a stray dog.
(2)
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.
(3)
Any female dog in season off the premises of the owner
or of the person keeping or harboring said dog.
(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.
B.
If any animal 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 or the person keeping
or harboring said animal is known, any person authorized by the governing
body shall forthwith serve on the person whose address is given on
the collar or on the owner or 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 offered for adoption 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 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.
D.
Any person authorized by the governing body may cause
an animal to be destroyed in a manner causing as little pain as possible
and consistent with the provisions of N.J.S.A. 4:22-19 or offered
for adoption seven days after seizure, provided that:
(1)
Notice is given as set forth above and the animal
remains unclaimed;
(2)
The owner or person keeping or harboring the animal
has not claimed the animal and paid all expenses incurred by reason
of its detention, including maintenance costs not exceeding $4 per
day; or
(3)
The owner or person keeping or harboring a dog which
was unlicensed at the time of seizure does not produce a license and
registration tag for the dog.
E.
At the time of adoption, the right of ownership in
the animal shall transfer to the new owner. No dog or other animal
so caught and detained or procured, obtained, sent or brought to a
pound or shelter shall be sold or otherwise made available for the
purpose of experimentation. Any person who sells or otherwise makes
available any such dog or other animal for the purpose of experimentation
shall be guilty of a disorderly persons offense.
F.
After observation, any animal seized under this section
suspected of being rabid shall be immediately reported to the executive
officer of the local Board of Health and to the Department of Health.
No person shall own, keep or harbor a dog in
the borough except in compliance with the provisions of this Article
and the following regulations:
A.
Wearing of registration. All dogs which are required
by the provisions of this Article to be licensed shall wear a collar
or harness with the registration tag for the dog securely fastened
thereto.
B.
Use of registration tags. No person, except an officer
in the performance of his duty, shall remove or cause to be removed
a registration tag from the collar of any dog without the consent
of the owner, nor shall any person attach or cause to be attached
a registration tag to a dog for which it was not issued.
D.
Running at large. No dog shall run at large at any
time in this municipality.
E.
Leashing of dogs. No person keeping, owning or harboring
any dog shall suffer or permit it to be upon the public streets or
in any of the public places of the borough unless the 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 in length.
F.
Dogs on private property. No owner or keeper of any
dog shall suffer or permit such dog to be upon any private property
other than the premises of the owner or keeper without the consent
of the owner or tenant of the private property.
G.
Disturbing the peace.
(1)
No person shall keep, harbor or maintain any dog which
habitually barks or cries between the hours of 10:00 p.m. and 6:00
a.m.
H.
Nuisances on public or private property. No person
owning or having the care, custody or control of any dog shall permit
such dog to soil or defile or to commit any nuisance upon any sidewalk,
street or thoroughfare in or upon any public property or in or upon
property of persons other than the owner or person having the care,
custody or control of the dog.
I.
Property damage; owner responsibility.
(1)
No person owning or having the care, custody or control
of any dog shall suffer or permit it to soil or defile or to do any
injury or damage to any lawn, shrubbery, flowers, grounds, trees or
any property of persons other than the owner or person having the
care, custody or control of such dog.
The law enforcement officials of the borough
are hereby authorized to enter upon public, private or quasi-public
property, including the beaches of the borough, to enforce the provisions
of this Article.
The position of Certified Animal Control Officer
is hereby created. This position shall be appointed by the Mayor and
Council, and such person shall serve at the pleasure of Mayor and
Council and shall be paid such compensation and serve such hours as
may be authorized by Mayor and Council. The Certified Animal Control
Officer shall be responsible for enforcement of all provisions of
this Article and shall have the power and authority to issue summonses
for violation thereof and to take such actions as prescribed hereunder
to enforce the provisions hereof.
[Amended 6-1-1993 by Ord. No. 1993-6[1]]
A.
Unless otherwise provided herein, any person, firm
or corporation that shall be convicted of a violation of a provision
of this Article shall, upon conviction thereof by any court authorized
by law to hear and determine the matter, be subject to a fine not
exceeding $1,000 or imprisonment for a term not exceeding 90 days
or a period of community service not exceeding 90 days, or any combination
thereof, as such court, in its discretion, may impose, except as otherwise
noted in this section. Each day that such violation exists shall constitute
a separate offense.
