[Adopted 8-9-1971 as Ch. 56 of the 1971 Code]
[Amended 3-12-1990 by Ord. No. 90-5; 10-15-2013 by Ord. No. 2013-13C]
No person shall keep or harbor any dog within
the Borough of Beach Haven, in the County of Ocean, without first
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 said Borough except in compliance
with the provisions of this article.
[Amended 3-12-1990 by Ord. No. 90-5; 10-15-2013 by Ord. No. 2013-13C]
Any person who shall own, keep or harbor a dog
of licensing age shall, in the month of January 1942, 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.
A.
Each and every dog shall be duly licensed and shall
bear evidence of such license at all times in accordance with the
laws of the State of New Jersey. The annual fee for such license shall
be $3.30 for each dog, plus $0.50 for the registration tag of each
dog. The said licenses, registration tags and renewals thereof shall
expire on the last day of January in each year. In the event that
any registration tag is lost, stolen or mutilated beyond recognition,
the owner of said dog shall secure a duplicate or new tag. The fee
for the said duplicate or new tag shall be the sum of $1.
[Amended 4-23-1990 by Ord. No. 90-15; 10-15-2013 by Ord. No. 2013-13C; 12-8-2014 by Ord. No.
2014-25C]
B.
Dogs used as guides for blind persons and commonly
known as "Seeing Eye" 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 3-12-1990 by Ord. No. 90-5; 10-15-2013 by Ord. No. 2013-13C]
The owner of any newly acquired dog of licensing
age or of any dog which attains licensing age shall make application
for license and registration tag for such dog within 10 days after
such acquisition or age attainment.
A.
Any person who shall bring or cause to be brought into the Borough of Beach Haven, in the County of Ocean, any dog licensed by any other proper licensing authority for the current year and bearing a registration tag and who shall keep the same or permit the same to be kept within the Borough of Beach Haven for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog, unless such dog is licensed under § 51-7 of this article.
[Amended 5-26-1981 by Ord. No. 81-6]
B.
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 is licensed under § 51-7 of this article.
[Amended 3-12-1990 by Ord. No. 90-5]
No person, except an officer in the performance
of his duties, shall remove a registration tag from the collar of
any dog or cat without the consent of the owner, nor shall any person
attach a registration tag to a dog or cat for which it was not issued.
A.
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.
The application shall describe the premises where
the establishment is located or is proposed to be located, the purpose
of or purposes for which it is to be maintained, and shall be accompanied
by the written approval of the Health Officer of the Long Beach Island
Board of Health, showing compliance with the local and state rules
and regulations governing location of and sanitation at such establishments.
C.
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 on the last day of January of each
year and be subject to revocation by Borough Council on recommendations
of the State Department of Health or the Long Beach Island Board of
Health for failure to comply with the rules and regulations of the
State Department or the Long Beach Island Board of Health governing
the same, after the owner has been afforded a hearing by either the
State Department or the Long Beach Island Board of Health.
D.
Any person holding such license shall not be required
to secure individual licenses for dogs owned by such licensee and
kept at such establishments; such licenses shall not be transferable
to another owner or different premises.
The annual license fee for a kennel providing
accommodations for 10 or less dogs shall be $10, and for more than
10 dogs, $25. The annual license fee for a pet shop shall be $10.
No fee shall be charged for a shelter or pound.
[Amended 3-12-1990 by Ord. No. 90-5]
No dog or cat 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.
The Clerk of the Borough shall forward to the
State Department of Health a list of all kennel, pet shop, shelter
and pound licenses 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.
[1]
Editor's Note: Former § 51-11, Annual canvass of dogs,
as amended, was repealed 9-12-2016 by Ord. No. 2016-17C.
[Amended 3-12-1990 by Ord. No. 90-5; 9-13-2010 by Ord. No. 2010-20]
The Council shall have the power to appoint
a Poundmaster whose duty it shall be to enforce the provisions of
this article. The Council shall also have power to appoint one or
more persons, to be known as "dogcatchers," who may impound unlicensed
dogs or cats running at large in violation of the provisions of this
article.
[Amended 5-26-1981 by Ord. No. 81-6; 3-12-1990 by Ord. No.
90-5]
A.
Any police officer of the Borough shall take into
custody and impound, or cause to be taken into custody and impounded,
and thereafter destroy or dispose of as provided in this section:
(1)
Any dog or cat off the premises of the owners or of
the person keeping or harboring said dog or cat, which said official
or his agent or agents have reason to believe is a stray dog or cat.
(2)
Any dog or cat off the premises of the owner or of
the person keeping or harboring said dog or cat without a current
registration tag on its collar.
(3)
Any female dog or cat in season off the premises of
the owner or of the person keeping or harboring said dog or cat.
B.
If any dog or cat 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 dog or cat is known, any police officer shall forthwith
serve on the person whose address is given on the collar, or on the
owner or the person keeping or harboring said dog or cat, if known,
a notice in writing stating that the dog or cat 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 to 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.
When any dog or cat 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 notice has
not been and cannot be given as above set forth, and if the owner
or person keeping or harboring said dog or cat has not claimed said
dog or cat and paid all expenses incurred by reason of its detention,
including maintenance not exceeding $0.50 per day, and if the dog
or cat is unlicensed at the time of the seizure and the owner or person
keeping or harboring said dog or cat has not produced a license and
registration tag for said dog or cat, the Poundmaster may cause the
dog or cat to be destroyed in a manner causing as little pain as possible.
[Amended 3-12-1990 by Ord. No. 90-5]
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 or dogs or cat or
cats which he may lawfully seize and impound when such officer is
in immediate pursuit of such dog or dogs or cat or cats, except upon
the premises of the owner of the dog or cat if said owner is present
and forbids the same.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
article.
[Amended 3-12-1990 by Ord. No. 90-5; 4-23-1990 by Ord. No.
90-15]
No person shall keep, harbor or maintain any
dog which habitually barks or cries in such a manner as to disturb
neighboring residents.
[Amended 3-12-1990 by Ord. No. 90-5]
No person owning, keeping or harboring any dog
or cat 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 of Beach Haven, in the County of Ocean.
[Amended 5-26-1981 by Ord. No. 81-6; 3-12-1990 by Ord. No.
90-5; 12-12-2016 by Ord. No. 2016-25C]
No person owning, keeping or harboring
any dog shall suffer or permit it to be upon the public streets, or
in any permitted public places of the Borough of Beach Haven, 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.
[Added 5-26-1981 by Ord. No. 81-6[1]; amended 3-12-1990 by Ord. No. 90-5; 4-11-2005 by Ord. No. 2005-3]
The owner of any dog, cat or pet or any person
having the care, custody or control of any dog, cat or pet, which
dog, cat or pet is not on property either owned or leased by the person
owning or having the care, custody or control of such dog, cat or
pet, shall accompany such dog, cat or pet with a suitable container
and shall immediately, upon the discharge of any fecal matter from
such dog, cat or pet, place such fecal matter in a suitable airtight
container to be disposed of upon property owned or leased by the person
owning or having care, custody or control of such dog, cat or pet,
or in any public receptacle.
[1]
Editor's Note: This ordinance also repealed
former § 56-19, Muzzling of dogs required during certain
months.
[Amended 3-12-1990 by Ord. No. 90-5]
No person owning, keeping or harboring a dog
or cat shall permit or suffer it to do any injury or to do any damage
to any lawn, shrubbery, flowers, grounds or property.
[Amended 5-26-1981 by Ord. No. 81-6]
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 purpose of this section.
It shall be the duty of any police officer of the Borough of Beach
Haven to receive and investigate complaints against dogs, and when
any dog complained against shall be deemed by such police officer
of the Borough of Beach Haven to be a vicious dog, as herein defined,
the said officer shall report the facts to the Judge of the Municipal
Court of the Borough of Beach Haven, 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, and the
Judge shall decide in accordance with the evidence before him. If
the Judge shall decide 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. No dog which has been so
determined to be a vicious dog shall be permitted to run at large
or to be upon any street or public place in the Borough of Beach Haven
except while securely muzzled and under leash, as provided in this
article, and the owner or person harboring any such vicious dog who
shall suffer or permit such dog 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 article.
[Amended 5-26-1981 by Ord. No. 81-6; 7-26-1999 by Ord. No.
99-12]
A.
No animals, except Seeing Eye dogs, whether leashed,
harnessed or otherwise controlled, shall be allowed upon any public
beach at any place within the limits of the Borough from May 15 through
September 15 of any year. This restriction shall not be in effect
between September 16 and May 14 of any given year.
B.
Animals may be permitted to run on the beachfront within 100 feet of the mean high-water line of the Atlantic Ocean, when accompanied by their owners and under the control of their owners, responsive to command. The fact that animals may be permitted to exercise on the beach shall not give permission to animals nor their owners to trespass upon private property. The owners accompanying animals so running shall obey the mandate of § 51-19 hereinbefore set forth.
