[Adopted 1-29-1942 by Ord. No. 2-1942]
A.
CITY
DOG
DOG OF LICENSING AGE
KENNEL
OWNER
PERSON
PET SHOP
POUND
SHELTER
Words defined. As used in this article, the following terms shall
have the meanings indicated:
The City of Atlantic City in the County of Atlantic.
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 dog in his keeping.
An individual, firm, partnership, corporation or association
of persons.
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.
B.
Word usage.
(1)
The words "and" and "or" may be used interchangeably, and either
of the two may be applicable, whichever is more conducive towards
the effectuating of this article.
(2)
Personal pronouns shall mean either the singular or the plural, whichever
is applicable and conducive towards the effectuating of this article.
The use of any masculine pronoun shall be construed to refer to the
feminine as well as the masculine gender.
No person shall own, keep or harbor any dog within the City
of Atlantic City in the County of Atlantic without first obtaining
a license therefor, to be issued by the City Clerk upon application
by the owner and payment of the prescribed fee, and no person shall
own, keep or harbor any dog in said City except in compliance with
the provisions of this article.
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 City Clerk 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 12-22-1966 by Ord. No. 24-1966; 10-9-1981 by Ord. No.
64-1981; 8-24-1983 by Ord. No. 39-1983; 3-21-1984 by Ord. No.
14-1984]
A.
A person applying for a license and registration tag shall pay a
fee of $14 for each dog and, also, the sum of $1 for the registration
tag for each dog. Additionally, there shall be assessed a surcharge
of $0.20 for each dog licensed, said surcharge to be designated for
the Pilot Clinic Fund.
[Amended 3-2-2016 by Ord.
No. 6-2016]
B.
Further, an additional fee of $6 for the licensing of any dog of
reproductive age which has not had its reproductive capacity permanently
altered through sterilization, said fee to be designated for the Animal
Population Control Fund.
[Amended 3-2-2016 by Ord.
No. 6-2016]
C.
The renewal fees for licensing and registration shall be the same
as for the original license and tag, and said licenses, registration
tags and renewals thereof shall expire on the last day of January
in each year.
D.
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.
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.
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; also, the name, street and
post office address of the owner and the person who shall keep or
harbor such dog. The information on said application and the registration
number issued for the dog shall be preserved for a period of three
years by the City Clerk. In addition, he shall forward similar information
to the State Department of Health each month, on forms furnished by
said Department. Registration numbers shall be issued in the order
of the applications.
A.
Any person who shall bring or cause to be brought into the City of Atlantic City in the County of Atlantic 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 City 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 § 121-9 of this article.
B.
Any person who shall bring or cause to be brought into the City any unlicensed dog and shall keep the same or permit the same to be kept within the City 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 § 121-9 of this article.
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.
Any person who keeps or operates or proposes to establish a kennel,
a pet shop, a shelter or a pound shall apply to the City Clerk 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 or purposes for
which it is to be maintained, and shall be accompanied by the written
approval of the Health Officer of the Bureau of Health of the City
of Atlantic City, 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 the Council of the City of Atlantic
City on recommendations of the State Department of Health or the Bureau
of Health of the City for failure to comply with the rules and regulations
of the State Department or the Bureau of Health of the City governing
the same after the owner has been afforded a hearing by either the
State Department or the Bureau of Health of the City.
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 fewer 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.
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 the provisions
of this article, except registration tag fees, shall be forwarded
to the City Treasurer within 30 days after collection or receipt and
shall be placed in a special account separate from any of the other
accounts of the City 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 Bureau
of Health for any person known or suspected to have been exposed to
rabies; and 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 for any of the purposes set forth in
this section. At the end of said 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 City 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 next preceding.
The City 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.
The Chief of Police of the City, or any person appointed for
the purpose by the governing body, shall promptly, after February
1, 1942, and annually thereafter, cause a canvass to be made of all
dogs owned, kept or harbored within the limits of the City and shall
report to the City Clerk, the Bureau of Health of the City of Atlantic
City and to the State Department of Health the result thereof, setting
forth in separate columns the names and addresses of persons owning,
keeping or harboring such dogs, the number of licensed dogs owned,
kept or harbored by each of said persons, together with the registration
numbers of each of said dogs, and the number of unlicensed dogs owned,
kept or harbored by each of said persons, together with a complete
description of each of said unlicensed dogs.
A.
The Dog Warden of the City of Atlantic City 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 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.
B.
If any dog 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 is known,
the Dog Warden 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, if known, a notice in writing stating that the dog 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 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.
When any dog 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 has not claimed said dog and paid to the City Clerk all expenses
incurred by reason of its detention, including maintenance not exceeding
$0.50 per day, and if the dog is unlicensed at the time of the seizure
and the owner or person keeping or harboring said dog has not produced
a license and registration tag for said dog, the Dog Warden of the
City of Atlantic City may cause the dog to be destroyed in a manner
causing as little pain as possible. Upon such payment being made and
such license and registration tag for said dog being produced, the
City Clerk shall issue a certificate setting forth such payment, which
certificate shall be presented to the Dog Warden on the day on which
it is issued, whereupon the Dog Warden shall deliver said dog to the
owner or person keeping or harboring it.
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 which he may lawfully seize
and impound when such officer is in immediate pursuit of such dog
or dogs, except upon the premises of the owner of the dog 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.
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. The times
aforesaid shall be computed in accordance with daylight saving time
during any period in which daylight saving time is in effect in the
City of Atlantic City under and by virtue of any state or federal
statute, decree, regulation or proclamation.
Any police officer or Dog Warden shall have power to kill any
dog which may be running at large in this City, or in the waters of
the Atlantic Ocean adjacent thereto, during any time when such running
at large is prohibited by this article or which dog does not have
a current registration tag on its collar, provided that such dog cannot
be safely taken up or impounded, but no dog shall be subject to molestation
under this section while on the premises of its owner or keeper or
while held or led by a chain or line by any person.
[Added 4-8-1998 by Ord. No. 11-1998]
A.
No person owning, keeping or harboring any dog or any other animal
shall suffer or permit it to run at large upon the public streets,
in any public park, in any public building or in any other public
place or on any private property.
B.
No person owning, keeping or harboring any dog shall suffer or permit
it to be upon the public streets or in any of the public places of
the City 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 long.
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 City of Atlantic City, from the first day of May to the first day of October, unless such dog wears a muzzle securely fastened over its jaws in such a manner that it cannot bite. Any dog found running at large during such period without being muzzled shall be placed in the City pound, and if not claimed by the owner or person keeping or harboring such dog during the time and in the manner provided in § 121-15 herein shall be destroyed as therein provided.
A.
No person owning, keeping or harboring any dog, whether same is registered
or not, shall allow, suffer or permit it on the Boardwalk, on the
public beaches known with the Boardwalk as the "Public Park" or in
the ocean bordering said Public Park between Memorial Day of each
year and the 15th day of September, whether said dog is on a leash
or running free. The purport and purpose of this amendatory section
is to prohibit dogs from being on the public Boardwalk, beach or in
the ocean during the approximate period that the Atlantic City Boardwalk,
beach and ocean are being used as places of promenade and recreation,
and is adopted by the City Council as a health measure for the greater
benefit of the majority of the people.
[Amended 6-29-1972 by Ord. No. 28-1972]
B.
Every dog found running at large or not under the direct control of some person as aforesaid shall be subject to seizure by officers of the Police Department or the Dog Warden and, unless reclaimed by the owner or the person keeping or harboring the same within the time and in the manner provided in § 121-15 of this article, shall be destroyed as therein provided.
C.
The prohibition set forth in this section shall not apply to Seeing
Eye dogs which are on leash or to K-9 dogs attached to a law enforcement
agency in the performance of its duty.
[Added 6-29-1972 by Ord. No. 28-1972]
Notwithstanding anything herein contained, whenever the Mayor
of this City shall deem it necessary, he shall issue an order or proclamation
prohibiting for a certain time therein specified all dogs from running
at large on any or all streets, highways, boardwalks, beach or other
public places in this City unless such dog is led by a line or chain
so as to prevent such dog from biting or becoming a menace to persons
on said streets, highways, boardwalks, beach or other public place,
and said Mayor may also order that all dogs must be muzzled during
such time as he may direct, which orders shall be published in two
newspapers of this City for three days consecutively. If the Mayor
shall deem it necessary, because of the existence or threat or danger
of an epidemic of rabies or other disease, or in other case of extreme
emergency, then he shall issue an order or proclamation in the manner
above prescribed absolutely prohibiting for a certain time all dogs
from being on any or all street or streets, or part of any street
or streets, highway, boardwalk, beach or other public place in this
City.
No person owning, keeping or harboring a dog shall permit or
suffer it to do any injury or to do any damage to any lawn, shrubbery,
flowers, grounds or property.
Any person who aids, assists or abets in the violation of any
of the provisions of this article shall be subject to the penalties
herein provided for.
[Amended 2-1-1989 by Ord. No. 2-1989; 11-25-2008 by Ord. No.
104-2008]
Any person or persons violating any of the provisions of this
article shall, upon conviction thereof, be subject to a fine not exceeding
$2,000 or imprisonment for a term not exceeding 90 days, or both.
