Township of Little Egg Harbor, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals in parks — See Ch. 261.
Pet waste — See Ch. 271.
Wildlife feeding — See Ch. 338.
[Adopted 5-10-2007 by Ord. No. 2007-08]
A. 
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.
B. 
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:
IMMEDIATE
The pet solid waste is removed at once, without delay.
KENNEL
Any establishment wherein or whereon the business of boarding, selling, breeding or training of dogs is carried, except pet shop.
[Added 7-24-2008 by Ord. No. 2008-08]
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PET
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SHOP
Any place of business which is not part of a kennel wherein animals, including but not limited to dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship, rather than for business or research purposes.
[Added 7-24-2008 by Ord. No. 2008-08]
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
A. 
All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, unless said property is owned or possessed by said pet owner and/or keeper or permission has been granted from the owner of said private property.
B. 
Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
[1]
Editor's Note: See also Ch. 271, Pet Waste.
The owner of any dog or dogs in the Township of Little Egg Harbor shall be responsible to control the dog or dogs such that no dog shall be allowed to run at large on private property, other than the property of its owner or keeper, or on any of the public streets or public places of this Township unless such dog is accompanied by a person who is capable of controlling it and the dog is securely confined and controlled by an adequate leash not more than six feet long.
Any dog while engaged in hunting or training for hunting shall be in the immediate control, custody or management of its owner or keeper. The owner, lessee or keeper of a dog found running at large in the woods or fields shall be liable to a penalty of $20 for each offense.
The owner or keeper of any dog shall be responsible for the damages done by such dog.
A. 
No person shall own, keep or harbor any dog which has attained or shall attain the age of seven months or shall possess a set of permanent teeth, within the Township, unless he first obtains a license and official metal registration tag therefor, issued by the Board of Health upon application and payment of the prescribed fee.
B. 
The license shall contain the name and address of the owner of such dog; a short description of the dog, indicating the breed, sex and markings; the number of such license; and shall bear the signature of the Township Clerk or his or her designee. Said license and official metal registration tag shall be procured during the month of June in each year, and said registration tag shall thereafter be securely fastened to a collar or harness placed upon said dog.
[Amended 7-24-2008 by Ord. No. 2008-08]
C. 
License and registration fees.
[Amended 7-24-2008 by Ord. No. 2008-08]
(1) 
The person applying for the license and registration tag shall pay to the Township a fee of $12 for each dog. If the person applying for the license and registration tag presents a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered, the fee shall be reduced to $9 for a one-year license. Each license and tag shall be renewed annually. Of the above fees, the Township's portion shall be $7.80 per license year and the remainder of the funds shall go to the State of New Jersey, as required by N.J.S.A. 4:19-15.1 et seq. Each license tag shall be renewed either prior to or upon the expiration of the license previously issued, and for each animal renewal, a fee for the license and registration tag shall be paid. Said license and registration tags and renewal thereof shall expire on June 30 in the year stated on the license.
(2) 
A person applying for a license for a potentially dangerous dog shall pay to the Township a fee of $500 in addition to the fees provided for in §134-6C(1).
D. 
Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and such license and tag issued by any other municipality shall be accepted by the Township as evidence of compliance with this section.
E. 
Dogs used as guides for handicapped persons and commonly known as "Seeing Eye" dogs, "hearing ear" dogs or "service" dogs, as provided in N.J.S.A. 4:19-15.3, shall be licensed and registered as other dogs herein provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
F. 
Application forms for license and uniform official metal registration tags designed by the State Department of Health shall be furnished by the Township, and licenses shall be numbered serially and shall bear the year of issuance and the name of the Township.
G. 
The owner of any newly acquired dog which has attained or shall attain the age of seven months or shall possess a set of permanent teeth shall apply for a license and registration tag for such dog within 10 days after such acquisition or age attainment.
H. 
Any person who shall bring or shall cause to be brought into the Township any dog licensed in another state for the current licensing year and bearing a registration tag and shall keep the same or permit the same to be kept within the Township for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog. Any person who shall bring or cause to be brought into the Township any unlicensed dog and shall keep the same or permit the same to be kept within the Township for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog.
I. 
No person except an official or agent 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.
[Amended 7-24-2008 by Ord. No. 2008-08]
A. 
Allowing any dog to run at large in this Township shall be considered a nuisance.
B. 
Owning, keeping or harboring more than three dogs on property of less than one acre shall be considered a nuisance.
C. 
No person shall own any dog or other animal which habitually barks, howls, cries or makes other noise over a prolonged period of time, whether during the day or night. Nothing in this section shall prohibit the normal and occasional barks, cries, howls or other noises associated with any one such animal. In imposing a sentence for a conviction under this section, the Judge may take into consideration the constantness, steadiness and frequency of the complained-of acts, the period of time over which such acts occurred, attempts by the owner to stop such acts, the causes for such acts, the degrees that such acts interrupted or interfered with any neighbor's enjoyment and use of his or her premises and the owner's prior convictions under this section. There shall be no violation of this section when the complained-of acts were committed by any animal other than a dog, or dogs, and such acts occurred upon property in use for farming or agricultural activities, including raising livestock, poultry or small animals and such use is legally permitted on said property. Nothing in this section shall be construed to prohibit or interfere with the right of persons to use their property for farming or other agricultural uses when such uses are lawful pursuant to the Code of Little Egg Harbor Township.
A. 
In the event that any dog shall be found running at large upon any public or private property, other than the property of the person owning, keeping, or harboring said dog in violation of any of the provisions of this article, such dog shall be forthwith taken and impounded by the police, Dog Warden or other duly authorized official or agent of this Township and shall be kept and confined for a period of time of not more than 10 days and shall then 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; provided, however, that:
(1) 
Notice is given as set forth in N.J.S.A. 4:19-15.16 and the animal remains unclaimed; or
(2) 
The person owning, keeping or harboring the animal has not claimed the animal and paid all expenses incurred by reason of its detention, including maintenance cost not exceeding $4 per day, or the person does not produce a license and registration tag for a dog which was unlicensed at the time of seizure.
B. 
If adopted, at the time of adoption, the right of ownership in the animal shall transfer to the new owner.
[Added 7-24-2008 by Ord. No. 2008-08]
A. 
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.
B. 
The application shall describe the premises where the establishment is located or proposed to be located, as well as 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.
C. 
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 upon the recommendation of the State Department of Health and Senior Services or the 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.
D. 
Any person holding such license shall 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.
E. 
Review of pet shop licenses; suspension or revocation.
(1) 
The license for a pet shop shall be subject to review by the Township upon the recommendation of 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.
(2) 
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 pet shop:
(a) 
Failed to maintain proper hygiene and exercise reasonable care in safeguarding the health of animals in its custody; or
(b) 
Sold a substantial number of animals that the pet shop knew, or reasonably should have known, to be unfit for purchase.
F. 
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.
G. 
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.
[Added 7-24-2008 by Ord. No. 2008-08]
The annual license fees for kennel and pet shop licenses shall be as follows:
A. 
Kennel accommodating 10 or less dogs: $10.
B. 
Kennel accommodating more than 10 dogs: $25.
C. 
Pet shop: $10.
D. 
Shelter/pound: no fee.
[Added 7-24-2008 by Ord. No. 2008-08]
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.
[Added 7-24-2008 by Ord. No. 2008-08]
No dog 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 safe control.
A. 
Position created. There is hereby created the position of Chief Animal Control Officer.
B. 
Appointment and term of office. The Chief Animal Control Officer shall be appointed by the Mayor, with the advice and consent of the Township Council, and shall serve a term of office of three years, commencing on January 1 of the year of appointment and ending on December 31 of the third year, or until a successor shall be appointed and qualified. The Chief Animal Control Officer shall be reappointed unless for good cause.
C. 
Duties. The duties of the Chief Animal Control Officer shall include, but not be limited to, the following:
(1) 
Heading the Animal Control Department and reporting to and being directly responsible to the Township Administrator.
(2) 
Enforcing the provisions of the Township animal control ordinances and the state statutes, including the taking into custody, impounding, adoption, etc., of animals.
(3) 
Administering and enforcing rules and regulations and special emergency directives for the disposition and discipline of the Department and its officers and personnel.
(4) 
Implementing, exercising and discharging the functions, powers and duties of the Department.
(5) 
Delegating duties and assignments of all subordinates and other personnel of the Department.
(6) 
Overseeing the administration of the Animal Control Department, including but not limited to the keeping of needed records and files.
(7) 
Reporting annually, or as needed, to the Township Administrator on the operations of the Department.
(8) 
Performing such other related tasks as are required by the Mayor and Township Council.
D. 
Qualifications. To be appointed to the position of Chief Animal Control Officer, an individual must meet the following requirements:
(1) 
Hold a certified animal control officer's certificate from the State of New Jersey.
(2) 
Have three years' of animal control experience involving the enforcement of ordinances and/or statutes, including the taking into custody, impounding, adoption, etc., of animals.
A. 
Position created. There is hereby created the position of Animal Control Officer.
B. 
Appointment and term of office. The Animal Control Officer shall be appointed by the Mayor, with the advice and consent of the Township Council, and shall serve a term of office of three years, commencing on January 1 of the year of appointment and ending on December 31 of the third year, or until a successor shall be appointed and qualified. The Animal Control Officers shall be reappointed unless for good cause.
C. 
Duties. The duties of the Animal Control Officer shall include, but not be limited to, the following:
(1) 
Reporting directly to the Chief Animal Control Officer.
(2) 
Enforcing the provisions of the Township animal control ordinances and the state statues, including the taking into custody, impounding, adoption, etc., of animals.
(3) 
Assuming and performing all duties and responsibilities of the Chief Animal Control Officer in his absence.
(4) 
Assisting the Chief Animal Control Officer in formulating and implementing policy, regulations, goals and objectives of the Animal Control Department.
(5) 
Overseeing personnel and equipment to ensure that both meet Department standards and safety requirements.
(6) 
Overseeing the supervision of the Assistant Animal Control Officers.
(7) 
Performing such duties as directed by the Mayor and Township Council.
D. 
Qualifications. To be appointed to the position of Animal Control Officer, an individual must meet the following requirements:
(1) 
Hold a certified animal control officer's certificate from the State of New Jersey.
(2) 
Have one year of animal control experience involving the enforcement of ordinances and/or statutes, including the taking into custody, impounding, adoption, etc., of animals. A person must hold a certified animal control officer's certificate from the State of New Jersey.
A. 
Position created. There is hereby created the position of Animal Cruelty Investigator.
B. 
Appointment and term of office. The Animal Cruelty Investigator shall be appointed by the Mayor, with the advice and consent of the Township Council, and shall serve a term of office of three years, commencing on January 1 of the year of appointment and ending on December 1 of the third year, or until a successor shall be appointed and qualified.
C. 
Duties. The duties of the Animal Cruelty Investigator shall include, but not be limited to, the following:
(1) 
Enforce all laws and ordinances enacted for the protection of animals including, but not limited to, animal control, animal welfare and animal cruelty laws of the state and local ordinances.
(2) 
Conduct investigations and initiate and prosecute complaints and/or violations of animal control, animal welfare or animal cruelty laws of the State of New Jersey, as well as local ordinances.
(3) 
Engage in the apprehension and arrest and detection of offenders who have violated animal control, animal welfare and animal cruelty laws of the state as well as local ordinances.
(4) 
Working in consultation and cooperation with the Little Egg Harbor Police Department, the Chief Animal Control Officer and other animal cruelty investigators under the direction of the Chief Animal Control Officer as well as the Business Administrator, when applicable, and when necessary cooperatively determining whether probable cause exists for the application and issuance of a search or arrest warrant and implementing same.
D. 
Qualifications. To be appointed to the position of Animal Cruelty Investigator, a person must hold a certified animal control officer certificate from the State of New Jersey and have and maintain the New Jersey State Animal Cruelty Investigators Certification pursuant to N.J.S.A. 4:19-15.16a.
A. 
Any person who violates, fails or refuses to comply with § 134-6 of this article shall be liable to a penalty of not less than $5 nor more than $50 for each offense, except for the first offense the penalty shall be not less than $1 nor more than $50, as determined in the discretion of the Municipal Court Judge.
B. 
Any person violating or failing to comply with any other provision of this chapter shall, upon conviction thereof, be punishable by a fine not to exceed $2,000, by 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 combination 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.
C. 
The violation of any provisions of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
[Adopted 9-10-2015 by Ord. No. 2015-10]
A. 
It shall be unlawful to chain or tether unneutered or unspayed dogs in any manner within the Township.
B. 
It shall be unlawful to chain or tether sick or injured dogs.
C. 
Neutered or spayed dogs may be tethered; such tethering may only be performed if the following conditions are met:
(1) 
Dogs may be tethered for no more than six consecutive hours on any day and never between the hours of 10:00 p.m. and 6:00 a.m.
(2) 
Dogs may not be tethered at vacant or unoccupied structures. A competent adult must be present at the property for the duration of any dog tethering.
(3) 
The tether must be at least 15 feet long and have a functioning swivel on both ends.
(4) 
The tether may weigh no more than 1/8 of the dog's weight.
(5) 
The tether must be attached to a properly fitting collar or harness. The use of training collars, choke chains, prong collars, slip collars or any other type of collar which tightens as the dog pulls is prohibited for the purpose of connection of a dog to a tether.
(6) 
The area accessible by the dog on a tether must be free from possible entanglements, including but not limited to trees, poles, stakes or fences.
(7) 
The tether must not allow a dog within five feet of any potentially dangerous places or obstructions such as pools, walls, vehicles, roadways, trees or any other objects upon which an animal could harm itself.
(8) 
Multiple dogs may not be tethered within the same yard unless the tethers are configured such that they shall not become entangled.
D. 
The yard inside which a dog is tethered must be equipped with a suitable shelter:
(1) 
Dog shelters shall be of a size such that the dog can stand or lay comfortably within the shelter.
(2) 
Dog shelters shall be weatherproof and ventilated.
(3) 
Dog shelters shall be made of solid materials with a solid floor raised at least two inches from the ground.
(4) 
Dog shelters shall be equipped with bedding material consisting of hay, straw or their equivalent.
(5) 
Clean drinking water shall be available as a liquid. Snow or ice is not a suitable alternative for water.
This article shall be enforced by the Township Animal Control Officer and/or the Township Police Department.
Anyone violating the provisions of this article shall be subject to the violations and penalties set forth at § 134-12.