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Township of Long Beach, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Long Beach: Art. I, 8-2-1974 as Ch. 6 of the 1974 Code, amended in its entirety 9-21-1990 by Ord. No. 90-26C. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 51.
Noise — See Ch. 123.
[Adopted 8-2-1974 as Ch. 6 of the 1974 Code; amended in its entirety 9-21-1990 by Ord. No. 90-26C]
As used in this article, the following terms shall have the meanings indicated:
ANIMAL
Dog or cat.
ANIMAL CARE FACILITY
An animal control center or animal shelter maintained by, or under contract with, any state, county or municipality whose mission and practice is, in whole or significant part, the rescue and placement of animals in permanent homes.
[Added 6-5-2017 by Ord. No. 17-21C]
ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the Township to enforce the provisions of this Article.
ANIMAL RESCUE ORGANIZATION
Any not-for-profit organization which has tax-exempt status under § 501(c)(3) of the United States Internal Revenue Code whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
[Added 6-5-2017 by Ord. No. 17-21C]
CAT
Any member of the domestic feline species, male, female or altered.
DOG
Any dog, bitch or spayed bitch or neutered dog.
[Amended 7-18-1997 by Ord. No. 97-16C]
GUIDE DOG
A dog used to assist persons who are deaf, or which is fitted with a special harness so as to be suitable as an aid to the mobility of a person who is blind, and is used by a person who is blind and has satisfactorily completed a specific course of training in the use of such a dog, and has been trained by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities, including, but not limited to, those persons who are blind or deaf, as reputable and competent to provide dogs with training of this type.
[Added 12-17-2018 by Ord. No. 18-40C]
LICENSING AUTHORITY
The agency or department of the Township of Long Beach or any designated representative thereof charged with administering the issuance or revocation of permits and licenses under the provisions of this Article.
NEUTERED
Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OWNER
When applied to the proprietorship of an animal, includes every person having a right of property in such dog or cat and every person who has such dog or cat in his or her keeping or knowingly permits a dog or cat to remain on or about any premises occupied by that person.
PERSON
Any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
PET SHOP
Any retail establishment where animals and/or pet-related goods and services are sold, exchanged, bartered or offered for sale to the general public at retail. Such definition shall not include an animal care facility or an animal rescue organization, as defined.
[Added 6-5-2017 by Ord. No. 17-21C]
SERVICE DOG
Any dog individually trained to the requirements of a person with a disability, including, but not limited to minimal protection work, rescue work, pulling a wheelchair or retrieving dropped items, reminding a person with mental illness to take prescribed medications, calming a person with post-traumatic stress disorder (PTSD) during an anxiety attack, or performing other duties for a person with a disability. This term shall include a seizure dog trained to alert or otherwise assist persons with epilepsy or other seizure disorders. Dogs whose sole function is to provide comfort or emotional support do not qualify as service dogs.
[Added 12-17-2018 by Ord. No. 18-40C]
A. 
Vaccination and license required. No person shall own, keep, harbor or maintain any animal over seven months of age within the Township of Long Beach, unless such animal is vaccinated and licensed.
B. 
Vaccination. All animals shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization, published by the National Association of Public Health Veterinarians, except as provided for in Subsection D.
C. 
Vaccination certificate. A certificate of vaccination shall be issued to the owner of each animal so vaccinated by a licensed veterinarian.
D. 
Exemptions. Any animal may be exempted from the requirements of such vaccination for a specified period of time by the local Board of Health upon presentation of a veterinarian certification stating that because of an infirmity or other physical condition, or regime or therapy, the inoculation of such animal shall be deemed inadvisable.
A. 
Display of license number. Any person who shall own, keep or harbor an animal of licensing age shall annually apply and procure from the Township Clerk a license and official registration tag with license number or a registration sleeve for each animal so owned, kept, harbored and shall place upon such animal a collar or other device with the license number securely fastened thereto or displayed thereon. License tags or sleeves are not transferable.
B. 
Time for applying for license. The owner of any newly acquired animal of licensing age, or of any animal which attains licensing age, shall make application for a license tag or sleeve for each such animal within 10 days after such acquisition or age attainment. This requirement shall not apply to a nonresident keeping an animal within the Township for no longer than 90 days.
C. 
Animals brought into the jurisdiction.
(1) 
Any person who shall bring or cause to be brought into the Township any animal licensed in another state for the current year, and bearing a registration tag or sleeve, and shall keep the same or permit the same to be kept within the Township of Long Beach for a period of more than 90 days shall immediately apply for a license and registration tag or sleeve for such animal.
(2) 
Any person who shall bring or cause to be brought into the Township of Long Beach an unlicensed animal and shall keep same or permit 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 animal.
D. 
Application contents; preservation of information. The application for the license shall state the breed, sex, age, color and markings for the animal for which the license and registration are sought and whether it is of the 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 animal. The information on said application and the registration number issued for the animal shall be preserved for a period of three years by the Township Clerk.
E. 
License forms and tags. License forms and official tags or sleeves furnished by the Township of Long Beach shall be numbered serially and shall bear the year of issuance and the name "Long Beach Township."
F. 
Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license. The Municipal Clerk may not grant any license and official registration tag or sleeve for any animal, unless the owner thereof provides evidence that the animal to be licensed and registered has been inoculated with a rabies vaccine of the type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services, or has been certified exempt as provided by § 47-2D above. The rabies inoculation shall be administered only by a licensed veterinarian.
G. 
License fee schedule.[1] A license shall be permitted after compliance with the foregoing sections and payment of a registration/license fee of $5 for each altered dog; $7 for each nonaltered male dog and $8 for each nonaltered female dog; $3 for each altered cat and $3.50 for each nonaltered cat, plus any additional fees as established by the State of New Jersey and forwarded to the Department of Health. All fees that are noted herein shall become effective on January 1, 1998.
[Amended 7-18-1997 by Ord. No. 97-16C; 9-19-1997 by Ord. No. 97-21C]
[1]
Editor's Note: For current fees, see Ch. 82, Fees, Licenses, Bonds and Permits.
H. 
Licenses from another municipality.
(1) 
Licenses from another municipality shall be accepted. The person applying for the license and registration tag shall pay the fee fixed or authorized. The fee for the renewal of a license and registration shall be the same as for the original, and said license, registration tag or sleeve and renewal thereof shall expire on January 1 in the following year.
(2) 
Only one license and registration tag shall be required in the licensing year for any animal in the Township. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by this municipality as evidence of compliance.
I. 
Exemptions. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs, dogs used to assist handicapped persons and commonly known as "service dogs" or dogs used to assist deaf persons and commonly known as "hearing ear dogs" shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper shall not be required to pay any fee therefor.
[Amended 7-18-1997 by Ord. No. 97-16C]
J. 
Proof of licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining or harboring an animal, upon request of any health official, police officer, animal control officer or other such authorized person.
K. 
Notwithstanding anything to the contrary in this chapter, no owner or other person shall have, keep, maintain, control, or locate at any dwelling, whether single-family or otherwise, more than six animals as defined herein in any combination, at any time. This limitation shall apply regardless of whether any such animal is licensed by Long Beach Township or another jurisdiction, whether any such animal is within the township pursuant to Subsections B or C of this section, and whether any such animal is otherwise exempt pursuant to Subsection I of this section. Any valid license issued for individual animals in effect as of the date of this subsection is renewable.
[Added 11-1-2002 by Ord. No. 02-15C]
No person owning, keeping or harboring any animal shall suffer or permit it to run at large or to leave the premises wherein it is kept unless it is securely fastened on a leash not over six feet in length of sufficient strength to prevent the animal's escape. This requirement shall not apply where the animal is actually upon any lands owned or leased by the owner or keeper of any such animal; provided, however, that 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 § 47-8 hereinafter set forth.
[Amended 7-18-1997 by Ord. No. 97-16C; 11-6-2009 by Ord. No. 09-32C; 4-5-2013 by Ord. No. 13-09C; 12-17-2018 by Ord. No. 18-40C]
No animals, except guide or service dogs, whether leashed, harnessed, or otherwise controlled shall be allowed upon any public beach at any place within the limits of the Township between and including May 16 through September 30 of any year. This restriction shall not be in effect between and including October 1 through May 15 of any given year. Notwithstanding the aforesaid limited exception to the public beach restriction, all dogs, except guide or service dogs, are prohibited from Bayview Park 12 months of the year. Guide and service dogs shall be required to be leashed at all times at any public beach.
No person shall keep, harbor or maintain any animal which habitually barks or cries in such a manner as to disturb neighboring residents.
A. 
Seizure. The Animal Control Officer shall seize and impound animals running at large in violation of the provisions of this article.
B. 
Impoundment. Animals which have been so seized and impounded shall be held for at least seven days, during which period written notice by the Animal Control Officer shall be served or mailed to the owner or the person keeping or harboring the animal if such owner or person be known. If the owner or person has not claimed the animal and paid all expenses of the detention, including maintenance, at the end of seven days, the Animal Control Officer may take action in accordance with N.J.S.A. 4:19-15.16(e).
[Amended 7-18-1997 by Ord. No. 97-16C]
C. 
Hindrance of Animal Control Officer. No person shall hinder, molest or interfere with anyone authorized to perform any duty under this article, and anyone so authorized may go on any premises in pursuit of any animal running at large, except upon the premises of the owner of a animal if the owner is present and forbids same.[1]
[1]
Editor's Note: Former § 6-5, Vicious dogs, which immediately followed this section, was deleted 7-18-1997 by Ord. No. 97-16C.
[Added 6-5-2017 by Ord. No. 17-21C]
No pet shop shall sell, deliver, offer for sale, barter, auction, give away or otherwise transfer or dispose of cats and/or dogs. Nothing in this section shall prohibit pet shops from collaborating with animal care facilities or animal rescue organizations to offer space for such entities to showcase adoptable dogs and/or cats.
The owner of any animal or any person having the care, custody or control of any animal which animal is not on property either owned or leased by the person owning or having the care, custody or control of such animal shall accompany such animal with a suitable airtight container and shall immediately upon the discharge of any fecal matter from such animal place such fecal matter in a suitable airtight container to be disposed of only upon property owned or leased by the person owning or having care, custody or control of such animal. The disposition of such fecal matter shall be accomplished by placing the sealed container in the trash or garbage receptacles utilized by such person or by burying the said fecal matter and covering the same with at least four inches of earth.
[Added 10-6-2006 by Ord. No. 06-33C[1]]
A. 
In order to protect the public health, safety and welfare, the Board of Commissioners of the Township of Long Beach, following recommendations from the State of New Jersey Department of Environmental Protection, has determined that the attraction of concentrations of wild birds and animals on public parks or other public property may lead to the concentration of deleterious substances and materials and also the congregation of disease-carrying animals and, as such, the Board of Commissioners does hereby prohibit the feeding of any wild animals and wildlife by the exposure or depositing or distributing or scattering any material edible by such wildlife with the intention of feeding, attracting or enticing wildlife to any public park or other property owned or operated by the Township of Long Beach. As used herein, wild animals and wildlife means animals and birds which are neither domesticated nor confined.
B. 
The prohibition herein contained shall not include baiting in the legal taking of fish and/or game pursuant to Title 23 of the Revised Statutes of New Jersey and any regulations adopted pursuant thereto or adopted by the United States Department of the Interior pursuant to appropriate enabling legislation.
C. 
Feeding on private property.
[Added 11-5-2010 by Ord. No. 10-50C]
(1) 
No person shall feed any wildlife, including, but not limited to, unlicensed cats on any private property if it adversely affects the health, safety or quality of life for neighboring properties.
(2) 
Feeding or other activity connected with such animals or birds that would interfere with the ordinary and reasonable use, occupation and enjoyment of property on neighboring premises is prohibited. In addition, adequate measure shall be taken to prevent animals or birds maintained from escaping or at any time roaming at large. Erecting and maintaining birdfeeders/birdhouses/birdbaths shall be excluded from this regulation.
[1]
Editor's Note: This ordinance also renumbered former § 47-9, Violations and penalties, as § 47-10.
[Amended 7-18-1997 by Ord. No. 97-16C]
Except where punishable under state law, a violation of this article shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty.
[Adopted 2-6-2017 by Ord. No. 17-02C]
The Township, like many communities throughout the State of New Jersey and the United States, has an obligation to effectively and humanely control feral cat populations within its borders. The Township, therefore, hereby creates a trap-neuter-return ("TNR") program for the purpose of reducing the population of feral cats, which shall benefit and protect the public health, welfare, and safety, and for the further purpose of the humane treatment of feral cats.
As used in this article, the following terms shall have the meanings indicated:
ANIMAL CONTROL AGENCY
Any agency or person, including an Animal Control Officer, authorized by law to implement animal control laws and provide animal care and control on behalf of the Township.
ANIMAL WELFARE ORGANIZATION
Any charitable organization whose purpose includes the promotion of animal welfare and that has been granted 501(c)(3) nonprofit status by the Internal Revenue Service.
CARETAKER
Any person who regularly provides food and water to a feral cat colony and who is a volunteer of a sponsor organization.
EARTIP or EAR-MARKED
A method of identifying a feral or stray cat by a notched or tipped left ear, as performed by a licensed veterinarian.
FERAL CAT
A cat that is not socialized to humans and is not an owned cat.
FERAL CAT COLONY
A group of feral or stray cats that congregate, more or less, together as a unit and share a common food source.
NUISANCE
Conduct by feral or stray cats or feral cat colonies that disturbs the peace.
OWNED CAT
A cat that is a companion to a person, is regularly fed and sheltered in the same person's habitation, and carries visible indicia of ownership, including a collar or tag.
SHELTER
A structure that provides feral and stray cats with protection from cold, rain, and other weather-related elements.
SPONSOR
Any animal welfare organization that agrees to comply with the requirements of sponsorship set forth in this article.
STRAY CAT
A cat that is socialized to humans and is not an owned cat.
TNR
The method of managing feral and stray cats known as "trap-neuter-return."
TNR PROGRAM
A program pursuant to which feral and stray cats are trapped, sterilized, vaccinated against rabies, eartipped, returned to the location where they were captured and provided with long-term care by a caretaker in accordance with this article.
A. 
A TNR program shall be permitted and caretakers who are volunteers of the sponsor(s) set forth herein shall be entitled to maintain feral cat colonies in accordance with the terms and conditions of this article.
B. 
Stray and feral cats in the TNR program shall be exempt from the licensing requirements set forth in Article I of this chapter, provided that the sponsors and caretakers comply with the requirements of this article.
C. 
Sponsorship of TNR program. Friends of Southern Ocean County Animal Shelter, Inc., agrees to comply with the requirements of this article and shall act as a sponsor of the TNR program, and shall provide the Township with a written letter of intention containing its address, telephone number, and electronic mailing address. The Township may authorize additional animal welfare organizations as sponsorship entities as it deems appropriate by resolution of the Board of Commissioners.
D. 
Sponsor requirements. The sponsors' mandatory duties are as follows:
(1) 
Sponsors shall make reasonable efforts to maintain records provided by caretakers on the size and location of colonies, as well as records of cats in the colonies.
(2) 
Sponsors shall help to resolve any complaints over cats belonging to registered colonies.
(3) 
Each feral cat colony shall be registered by the sponsors.
(4) 
Sponsors shall serve as a clearinghouse for information on current caregivers, education for new caregivers, and assistance for persons found in violation of this article.
(5) 
Sponsors shall annually, and, upon request, provide the Township and the Health Department with a current list of the caretakers and registered feral cat colonies in Township and certify that each caretaker is a volunteer of the sponsor.
E. 
Disposition of colony cats. An animal control agency or service that has trapped or received an eartipped cat from within the Township may immediately return that cat to the sponsor or caregiver colony versus impounding the cat at the shelter.
F. 
Caretaker requirements. Caretakers' mandatory duties are as follows:
(1) 
Caretakers shall make reasonable efforts to work with the sponsor to trap all cats in a colony and have all trapped cats sterilized, vaccinated against rabies and any other infectious disease as mandated by law, microchipped, and eartipped by a licensed veterinarian.
(2) 
Register the feral cat colony with the sponsor, animal control agency, and Heath Department.
(3) 
Provide or arrange for the provision of adequate food and water on a regular basis and make reasonable efforts to ensure adequate shelter for colony cats.
(4) 
Make every attempt to remove sick or injured cats from the colony for immediate veterinarian care or humane euthanasia.
(5) 
In the event kittens are born to a feral cat colony, the caregiver shall take reasonable steps likely to result in the removal of kittens from the colony after they have been weaned, and the placement of the kittens in homes or foster homes for the purpose of subsequent permanent placement before eight weeks of age.
(6) 
Make reasonable efforts to work with the sponsor to resolve any complaints over colony cats managed by the caretaker.
(7) 
Obtain proper medical attention to any colony cat that appears to require it.
(8) 
Maintain proof of sterilization, vaccination, ear tipping/marking, and implantation of microchip and medical records for all cats. These records shall be provided to the Health Department and Township upon request.
(9) 
Ensure that the feral cat colony does not create any nuisance or endanger the public health, welfare, and safety.
(10) 
Execute all documents required by the Township which may be established by this article or by resolution of the Board of Commissioners.
Failure to comply with the terms of this article shall result in a violation, which may result in the issuance of a citation. Any sponsor, person, or caregiver determined to be in violation of this article may either be issued a written warning and be allowed a period of time in the discretion of the animal control agency or Health Department, but which shall not be longer than 60 days, to come into compliance or provide satisfactory evidence of working to achieve compliance, or may be issued a citation. Failure to comply with the terms of any written warning shall result in the issuance of a citation.
No feral cat colony shall be permitted to be established or exist within 100 feet of any commercial, marine, or special commercial district within the Township. In these areas the animal control agency shall effectuate the capture of all feral cats and transport same to the County Animal Shelter for handling in accordance with the shared services agreement between the Township and the county applicable to such animals.
The Board of Commissioners shall have the authority to adopt further rules and regulations applicable to the TNR program by resolution to the extent that the same are consistent with and do not modify the provisions of this article.
A violation of this section shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty.