[Adopted 11-12-1959, as
amended through Ord. No. 1984-3 (§§ 8-1
through 8-5 of the 1972 Ocean Codified Ordinances)]
[Amended by Ord. No. 2004-10; Ord. No. 2005-34]
A.
Running at large. No person owning, keeping or harboring any dog
shall permit it to run at large upon any public streets or in any
public building, or any other public and quasi-public place including
restaurants, food stores and food processing establishments, at any
time, within the limits of the Township.
B.
Disturbing the peace; failure to provide control.
(1)
No person shall keep within any residential zone of the Township
of Ocean any dog causing a nuisance and disturbing the peace and quiet
of the neighborhood in which it shall be kept, by excessive, loud
and continuous howling or barking, and/or making and causing other
such sounds or noises.
(2)
No owner shall fail to exercise proper control of his/her dog to
prevent it from becoming a public nuisance. Excessive, continuous
or untimely barking, molesting passersby, chasing vehicles, habitually
attacking other domestic animals, trespassing upon school grounds
or trespassing upon private or public property shall be deemed a nuisance.
C.
Leashing. No person owning or harboring any dog shall permit it to
be upon the public streets or in any other public or quasi-public
place within the limits of the Township unless the dog is securely
controlled by a leash not more than six feet in length.
D.
Lawns, shrubbery, etc.
(1)
No person owning and keeping or harboring any animal shall permit
or suffer it to do any injury or to do any damage to any lawn, shrubbery,
flowers, grounds or property.
(2)
Further, no person owning, harboring, keeping, walking or in charge
of any animal shall cause, suffer, permit or allow such common thoroughfare,
street, sidewalk, passageway, road, bypass, play area, park, or any
place where people congregate or walk, or upon any boardwalk, beaches
or beachfront in this Township, or upon any public property whatsoever
or upon any private property without the permission of the owner of
the private property in the last instance. If any such person shall
permit such animal to soil, defile, defecate on or commit any nuisance
on the areas aforesaid, he or she shall immediately remove all feces
and droppings deposited by such animal, which removal shall be in
sanitary manner by a shovel, container, disposal bag, etc., and such
feces and droppings shall be removed by the person from such designated
areas and disposed of by the person in sanitary manner.
[Amended by Ord. No. 1995-13; Ord. No. 1997-1; Ord. No. 2002-21; Ord. No. 2007-33]
A.
Application fees. No person shall harbor any dog within the limits
of the Township without first applying for and obtaining a license
for the dog. The licensing and registration of dogs shall be in accordance
with the laws of the State of New Jersey, and in accordance with the
rules and regulations of the Board of Health. License fees for canines
shall be $12. If used as guides for sight-impaired persons, commonly
known as "Seeing Eye" dogs, same shall be licensed and registered
as other dogs; however, the owner or keeper thereof shall not be required
to pay any licensing fee. The fee for registration tags shall be $1
for each tag plus $0.20 for each tag to be provided for the State
Pilot Clinic Fund. In addition to the licensing fee set forth above,
nonneutered canines shall continue to pay an additional $3, to be
provided to the Animal Population Control Fund. The charges may be
raised as promulgated by the State of New Jersey, the Board of Health
or the Township Committee of the Township of Ocean. No license shall
be issued to a minor.
B.
Licensing requirements for kennels, pet shops, shelters and pounds.
[Amended 2-9-2012 by Ord. No. 2012-3]
(1)
Any person who keeps or operates or proposes to establish a kennel,
pet shop, shelter or pound shall apply to the Township for a license
entitling him or her to keep or operate such establishment. Any person
holding such a license shall not be required to secure individual
licenses for dogs or cats owned by such licensee and kept at such
establishments. Such licenses shall not be transferable to another
owner of different premises.
(2)
The application shall describe the premises where the establishment
is located or proposed to be located. The purpose or purposes for
which is to be maintained and shall be accompanied by the written
approval of the local municipal and health authority showing compliance
with the local and state rules and regulations governing location
and sanitation at such establishment. The application will also describe
the maximum number of dogs, cats or other animals to be accommodated
by such establishment at any one time.
(3)
All licenses issued for a kennel, pet shop, shelter or pound shall
state the purpose for which the establishment has been maintained,
and all such licenses shall expire on the last day of June of each
year and be subject to revocation by the municipality on recommendation
of the State Department of Health and Senior Services or Township
for failure to comply with the rules and regulations of said board,
after the owner has been afforded a hearing by either the State Department
or Township, except as provided below in this section.
(4)
Any person holding such license shall not be required to secure individual
licenses for dogs owned by such licensee and kept at such establishment
since licenses shall not be transferable to another or different premises.
(5)
Review of pet shop licenses; suspension or revocation.
(a)
The license for a pet shop shall be subject to review by the
Township, upon recommendation by the State Department of Health and
Senior Services or the local health authority for failure by the pet
shop to comply with the rules and regulations of the state department
or local health authority governing pet shops or if the pet shop meets
the criteria for recommended suspension or revocation provided under
subsection (c) or (d) of N.J.S.A. 56:8-96, after the owner of the
pet shop has been afforded a hearing pursuant to subsection (e) of
N.J.S.A. 56:8-96.
(b)
The Township, based on the criteria for the recommendation of
the local health authority provided under subsections (c) and (d)
of N.J.S.A. 56:8-96, may suspend the license for 90 days or may revoke
the license if it is determined at the hearing that the licensed facility:
(6)
The Township may issue a license for a pet shop that permits the
pet shop to sell pet supplies for all types of animals, including
cats and dogs, and sell animals other than cats and dogs but restricts
the pet shop from selling cats or dogs, or both.
(7)
Every pet shop licensed in the state shall submit annually and no
later than May 1 of each year records of the total number of cats
and dogs, respectively, sold by the pet shop each year to the Township
in which it is located, and the Township shall provide this information
to the local health authority.
(8)
The Animal Control Officer, as agent of the Township, shall ensure
any person holding a license to establish, keep or operate a kennel,
pet shop, shelter or pound shall comply with applicable state and
local laws.
(10)
State Health Department reporting. The Township 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 therefore
are issued. The list shall include the name and address of each licensee
and the kind of license issued.
(11)
Control of animals off premises. No, dog, cat or other animals
kept in a kennel, pet shop, shelter or pound shall be permitted off
the premises except on a leash, in a crate or other like method. Except
as otherwise provided in this chapter, any person who violates, fails
or refuses to comply with the provisions of this chapter shall be
liable to a penalty of not less than $5 nor more than $50 for each
offense, to be recovered by and in the name of the Township of Ocean.
(12)
Violations and penalties. Any person violating or failing to
comply with any other section of this chapter shall, upon conviction
thereof, be punishable by a fine not more than $1,250, for a term
of imprisonment not to exceed 90 days or by community service of not
more than 90 days or any combination of fine, imprisonment and community
service as determined in the discretion of the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
(13)
The violation of provisions of this chapter shall be subject
to abatement, summarily by a restraining order or by injunction issued
by the court of competent jurisdiction.
C.
Application. The Board of Health is the agency with the primary authority
and obligations to accept dog license applications and fees for dog
license applications, as well as to promulgate any and all rules,
regulations, and ordinances necessary with regard to licensing fees.
D.
Late fee. Any person who is required to obtain a dog or cat license
within the Township shall make said application therefor and pay the
appropriate license fee on or before January 31 of each calendar year.
In the event the appropriate license and/or registration tag has not
been obtained for any dog and cat for which such a license is required,
on or before March 1 of each year, an additional late fee of $5 per
license shall be assessed to the owner thereof in order to obtain
said license.
[Amended by Ord. No. 2002-21; Ord. No. 2002-28]
A.
Municipal Dog Warden. The Township Committee has created the post
of Municipal Dog Warden for the purpose of enforcing the provisions
of this article. The Dog Warden shall have the limited authority to
issue summons under this article.
B.
Duties of enforcement officer.
(1)
The poundmaster, dog catcher, dog warden or other person having similar
duties shall take into custody and impound or cause to be taken into
custody and impounded, and thereafter destroyed or disposed of as
provided in this article:
(a)
Any dog running at large within the limits of the Township;
(b)
Any dog off the premises of the owner or of the person harboring
the dog which is not controlled by a leash as provided in this article;
(c)
Any dog off the premises of the owner or of the person harboring
the dog without current registration tag on its collar;
(d)
Any female dog in season off the premises of the owner or of
the person harboring the dog.
C.
Procedure when dog seized. When any dog is seized and has been detained
for seven days after notice when notice can be given, or has been
detained for seven days after seizure when notice cannot be given,
in accordance with the laws of the State of New Jersey, and if the
owner or person harboring the dog has not claimed the dog and paid
all the expenses incurred by reason of its seizure and detention,
and if the dog be unlicensed at the time of the seizure and the owner
or person harboring the dog has not produced a current license and
registration tag for the dog, the poundmaster, dog catcher, dog warden
or other person having similar duties may cause the dog to be destroyed
in a manner causing as little pain as possible.
D.
Confinement of dog which has attacked, scratched, or bitten.
(1)
The Board of Health or any officer or inspector thereof, or member
of the Township Police Department may serve notice upon the owner
or person in charge of a dog which has or is suspected of having attacked,
scratched, or bitten any person to confine the dog, at the expense
of the owner or person in charge, on the premises of the owner or
person in charge or some other place designated in the notice for
at least 10 days after such person was served with such notice. Within
10 days after the service of such notice, or upon such date designated
by the Board of Health or its agent, the dog must be examined by a
duly licensed veterinarian to ascertain whether such dog is free from
rabies.
[Amended 12-10-2015 by Ord. No. 2015-16]
(2)
Within 13 days after the service of such notice, the Board of Health
must receive a report of the results of said examination. No dog shall
be released from confinement until certificate signed by a licensed
veterinarian has been filed with the Board of Health attesting to
the fact that the dog appears to be healthy and free from rabies and
the Board of Health or its agent has issued certificate of release.
It shall be the duty of the owner and person in charge of any dog
so confined to immediately notify the Board of Health, any officer
or inspector thereof, or the dog warden or the assistant dog warden
or the Township police that such confined dog has died and to retain
such dead dog until the Board of Health or its agent has examined
the dead dog and authorized its disposal.
E.
Right of officials to examine attacking dog. The Township Board of
Health or any officer or inspector thereof shall be permitted by the
owner or person in charge of a dog which has or is suspected of having
attacked, scratched, or bitten a person, to examine the dog at any
time, and daily if desired, within a period of 30 days after said
attack, scratch, or bite occurred to determine whether the dog shows
symptoms of rabies and no person shall refuse, obstruct or interfere
with the making of said examination.
F.
Duty of owner to keep attacking dog. If the owner or person in charge
of a dog knows, or should know from the attendant circumstances, or
is notified by anyone that the dog has or is suspected of having attacked,
scratched, or bitten any person, the owner or person in charge shall
not for 15 days give away, sell, set loose, or in any way dispose
of or cancel the dog, whether alive or dead, unless the Board of Health
or any officer or inspector hereof gives permission to do so.
G.
Duty to keep attacking dog after health board serves notice. No person shall violate any of the provisions of Subsection D of this section by giving away, selling, setting loose, or in any way disposing of or concealing any such dog, whether alive or dead, when confined pursuant to notice.
H.
Reporting dog attacks. Every person who is attacked, scratched, or
bitten by a dog or the parent or guardian of any minor who is attacked,
scratched, or bitten by a dog, or the owner or person in charge of
any dog which has or is suspected of having attacked, scratched, or
bitten any person, or any person having knowledge including treating
physician and veterinarian that dog has attacked, scratched, or bitten
any person shall report the incident, the facts pertaining to the
attack, scratch, or bite, and give their name and address to the Board
of Health, any officer or inspector thereof, or the Dog Warden or
the Assistant Dog Warden or Township Police. The report shall be made
within 12 hours of said incident.
I.
Muzzling of vicious dog. No person owning or in charge of any dog
which has been known to be vicious by having previously attacked,
scratched, or bitten any person or persons shall permit such dog to
be upon a public street or highway, or upon any premises other than
those of the person owning such dog or those of a person who has given
permission to the owner to keep or harbor such dog on his/her premises
unless such dog wears a muzzle securely fastened over its jaws in
such manner that it cannot bite.
J.
Attack, scratch or bite constitutes violation.
(1)
The person or persons owning or having charge over any dog which
attacks, scratches, or bites any person shall be in violation of this
section. Such person shall be in violation even if the attack, scratch,
or bite occurred on his/her private property or on private property
over which he/she has control unless either the alleged offense occurred
in the nighttime or the victim of the attack, scratch, or bite was
illegally upon such private property.
(2)
However, if the attack, scratch, or bite occurred on such private
property, no person shall be in violation of this section so long
as at the time of the alleged offense there was a sign or notice conspicuously
posted adjacent to all roadways bounding on such private property
and adjacent to the usual entry way thereto, and the sign or notice
in a readable manner states no trespassing and generally warns to
beware of dog on such property. This section shall not apply the victim
of the attack, scratch, or bite is the person who owns or is in charge
of such dog or is a member of such person's family and resides
with him/her.
K.
Disposition of public nuisances. In addition to the provisions of Subsections I and J of this section, any dog which has on more than one occasion within two-year period attacked, scratched, or bit any person or has caused any reasonable person to be fearful for his/her own safety, by chasing, worrying, snapping or otherwise or which has habitually attacked other dogs or domestic animals is defined to be a public nuisance. Upon the filing of a complaint in the municipal court reciting such facts, the magistrate shall determine whether the dog shall be declared public nuisance within the meaning of this section. When the complained-of acts did not occur on the private property owned or under the control of the person owning or in charge of said dog, the magistrate shall order that the dog be prohibited from being upon any street, road or public place in the Township unless securely muzzled and under leash. When the acts complained of occurred on such private property, the magistrate shall order the owner of such private property or person having control thereover to conspicuously post a sign or notice adjacent to all roadways bounding on such private property and adjacent to the usual entry way thereto which in a readable manner states no trespassing and generally warns to beware of dog on such property. The provisions of this section shall not apply if the victim of any complained-of act is the person who owns or is in charge of such dog or is member of such person's family and resides with him/her.
L.
Right to seize dogs when in immediate pursuit. Any member of the
Board of Health, any officer or inspector thereof, the Dog Warden,
an Assistant Dog Warden, and any member of the Township Police Department
is authorized to go upon any premises to seize for impounding any
dog or other animal which he/she may lawfully seize and impound when
he/she is in immediate pursuit of such dog, except upon the premises
of the owner of the dog or other animal if the owner is present and
forbids the same.
M.
Interference with enforcement officers. No person shall hinder, molest
or interfere with anyone authorized or empowered to perform any duties
under this article.
N.
Secretary of Board of Health. The Secretary of the Township Board
of Health is designated as an enforcement agent for purposes of enforcing
the provisions of this article, with authority to conduct the annual
census and to investigate and prosecute offenses. The Secretary will
be granted comp time or paid at his/her hourly rate for any extra
time that may be involved in completing office work.
O.
State law. Any and all provisions of this article which are inconsistent
with any of the provisions of N.J.S.A. 4:19-17 through 4:19-37 shall
be considered superseded by said statutes.
P.
Penalty.
(1)
Any person who violates any of the provisions of § 95-11 shall be liable to a penalty of not less than $5 nor more than $150 for each offense to be recovered by and in the name of the Township Board of Health, except that for the first offense in cases of violations of § 95-11A, the penalty shall not be less than $1 nor more than $50, to be recovered in the same manner.
(2)
Any person owning or harboring a dog in violation of Subsection K of this section shall be subject to a minimum fine of not less than $250 up to a maximum of $1,000 or 90 days in the Ocean County Jail, or both, as the court may determine.
(3)
Any person who violates any of the other provisions of this article
shall be liable to a fine of not less than $10 for the first offense
and not less than $25 for the second offense. The maximum fine which
may be imposed shall be $500 or 90 days in the Ocean County Jail,
or both, as the court may determine.
