Ventnor City, NJ Article II Keeping of Animals [1]

[Adopted 9-8-1975 by Ord. No. 7525]

[1] Editor's Note: The title of this article was changed from "Keeping of Cats and Dogs" to "Keeping of Animals" 5-14-2020 by Ord. No. 2020-08.

§ 105-11 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ANIMAL

Any domesticated animal kept for pleasure rather than utility or profit which is normally kept within a residence and includes, without limitation, dogs, cats, gerbils, guinea pigs, hamsters, certain species of reptiles, certain species of birds, turtles and tropical fish. The definition of "animal," as used in this article, specifically excludes poultry, fowl, chickens, turkeys, roosters, pigs and any other animal typically considered a farm animal or that is prohibited from being owned, sheltered or kept by any state or federal law.

[Added 5-14-2020 by Ord. No. 2020-08[1]]

STRAY ANIMAL

Any animal that has left an enclosure or proper place or quarters, including the premises of the owner or other person keeping or harboring such animal, and is wandering without restraint or confinement.

[Added 6-4-1979 by Ord. No. 7904]

[1] Editor's Note: This ordinance also repealed the former definitions of "dog," "dwelling unit," and "family group," which immediately followed.

§ 105-12 Regulations generally.

The following regulations shall apply within the City of Ventnor City:

A. No animal shall be owned, sheltered or kept that does not meet the definition of "animal" set forth in this article or in any way violates State of New Jersey or federal law.

[Amended 6-4-1979 by Ord. No. 7904; 5-14-2020 by Ord. No. 2020-08]

B. The quarters where animals are kept shall be clean and sanitary and such as not to create a health hazard or disturbances by reason of noise, odor or other causes.

[Amended 5-14-2020 by Ord. No. 2020-08]

C. No person who owns, keeps, harbors or maintains any animal shall permit or suffer it to do any damage to any person, fowl or domestic animal or permit or suffer it to do any damage, to soil or defile any lawn, shrubbery, garden, flowers, grounds or property other than that of the person owning, keeping, harboring or maintaining such animal.

[Amended 5-14-2020 by Ord. No. 2020-08]

D. Any person who shall own, keep or harbor a dog in the City of Ventnor City shall:

[Added 6-4-1979 by Ord. No. 7904]

(1) Prevent such dog from running at large upon any public street or public place, including the Boardwalk and the beach, at any time.

(2) Prevent such dog from being on any public street or other public place at any time unless such dog is accompanied by a person over the age of nine years and is securely controlled by an adequate leash not longer than six feet in length.

(3) Prevent such dog from being on the boardwalk, beach, the approaches thereto or on any pier, pavilion, playground or recreational area of the City of Ventnor City, whether the dog is leashed or unleashed, except that dogs on a leash may be permitted on the beach only between October 1 and May 15 in the area of the beach washed daily by the high tide.

[Amended 6-22-1995 by Ord. No. 9509]

(4) Prevent such dog from running at large upon the lands of any person, except the lands of any person owning, keeping or harboring such dog, without the consent of the owners of such lands.

(5) Prevent such dog from injuring or damaging any garden, flower garden, land, plant, tree, shrubbery, grass, grounds or property of any person other than the person owning, keeping or harboring such dog.

§ 105-13 Curbing of dogs.

[Added 6-4-1979 by Ord. No. 7904]

A. Every person, whether he or she is the owner or custodian of the dog, shall, when it is on the public streets or sidewalks, curb said dog so as not to injure or damage any garden, flower garden, land, plant, tree, shrubbery, grass, grounds or other property of any person and under no circumstances shall allow any dog to defecate or urinate upon any lawn, shrubbery or sidewalk.

B. To "curb" your dog means to leave the sidewalk and step off the curb edge into the gutter for purposes of permitting your dog to defecate. Feces must then be removed by proper sanitary methods as described in § 105-23 and carried back to dog owner's property for disposal. Feces shall not be deposited into any public or private surface drain or trash receptacle.

[Added 9-5-2003 by Ord. No. 2003-11]

§ 105-14 Impoundment and disposal.

A. The Chief of Police of Ventnor City, any police officer designated for that purpose by the Chief of Police, the Society for the Prevention of Cruelty to Animals and/or any similar organization designated by said City of Ventnor City shall take into custody and impound or cause to be impounded any animal and thereafter dispose of said animal if it is determined to be in one of the following categories, which are not deemed to be exclusive:

[Amended 5-14-2020 by Ord. No. 2020-08]

(1) Any animal, off the premises of the owner or person harboring or keeping said animal, which said official or his agent or agents have reason to believe is a stray animal.

(2) Any female animal in season off the premises of the owner or of the person keeping or harboring said animal.

(3) Any animal which, upon complaint by one or more residents, shall continuously or repeatedly be bothering, disturbing, biting or causing nuisance to said resident or residents.

(4) Any animal which does not meet the definition of "animal" as set forth in this article.

B. If any animal so seized wears a collar or harness having inscribed thereto the name and address of any person or a registration tag of the owner or the person keeping or harboring said animal, if known, the Chief of Police shall forthwith serve on the person whose address is given on the collar or on the owner or on the person keeping or harboring said animal, if known, a notice in writing stating that the cat or dog has been seized and will be liable to be disposed of if not claimed within seven days after the service of the notice.

[Amended 5-14-2020 by Ord. No. 2020-08]

C. Nothing contained herein shall be deemed to require the placing of a collar on any animal.

[Amended 5-14-2020 by Ord. No. 2020-08]

D. Any stray animal so apprehended shall be impounded and not released unless said owner pays such fees as are determined to be necessary and reasonable to cover the cost of administration and enforcement of this article in addition to the fee or charge to be paid to an Animal Control Officer, and the rules pursuant to a contract to be made between such Animal Control Officer and the City, and the rules and regulations and fees, shall be those as are promulgated by the Chief of Police.

[Added 6-4-1979 by Ord. No. 7904; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

E. When any animal so seized has been detained for seven days after notice, which notice can be given, as set forth in Subsection B, or has been detained for seven days after seizure, when notice has not been and cannot be given as set forth in Subsection B, and if the owner or person keeping or harboring said animal has not claimed said animal and paid all expenses incurred by reason of its seizure and detention, including maintenance at the prevailing rate charged per day, then said Chief of Police and/or any similar organization and/or any person designated for that purpose may cause said animal to be disposed of in a humane manner.

[Amended 5-14-2020 by Ord. No. 2020-08]

§ 105-15 Violations and penalties.

[Amended 6-4-1979 by Ord. No. 7904; 2-2-1989 by Ord. No. 8903]

Any person or persons violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding the sum of $50. Each and every day such violation continues shall be considered as a separate and specific violation of this article, and the penalties herein prescribed shall apply to such separate and specific offenses. In addition to or as a substitute for the previously mentioned fine, the imposition of community service shall be authorized as an additional penalty, which community service shall not exceed 90 days.