[Adopted 7-5-1953 by Ord. No. 170 (Ch.
34, Art. I, of the 1970 Code)]
[Amended 10-5-1967 by Ord. No. 258; 5-1-1980 by Ord. No.
442; 7-15-1982 by Ord. No. 464; 9-1-1983 by Ord. No. 475; 12-16-2010 by Ord. No. 890; 10-17-2019 by Ord. No. 1007]
A.Â
Each and every dog shall be duly licensed and shall bear evidence
of such license at all times in accordance with the laws of the State
of New Jersey.
C.Â
The foregoing license fees shall include the state charge of $1 for
the dog registration tag fee, the surcharge of $0.20 for the Pilot
Clinic Fund of the State of New Jersey and, in the case of a non-spayed
or non-neutered (non-altered) dog, the charge of $3 for the Animal
Control Fund of the State of New Jersey.
D.Â
Said licenses, registration tags and renewals thereof shall expire
on the last day of January of each year. Any license purchased after
February 28 shall be assessed an additional late fee of $10.
E.Â
In the event that any registration tag is lost, stolen or mutilated
beyond recognition, that owner of said dog shall secure a duplicate
or new tag. The fee for said duplicate or new tag shall be the sum
of $1.
The registration of all dogs shall be under
the supervision of the Borough Clerk as provided under Chapter 151
of the Laws of 1941 (N.J.S.A. 4:19-15.1 et seq.) and this article.
[Amended 4-5-1956 by Ord. No. 191]
No person owning, keeping or harboring any dog
shall suffer or permit the same to run at large upon the public streets
or other public or private property in the Borough of Oceanport, or
off the premises of the person owning, keeping or harboring it, unless
said dog is accompanied by a person who is capable of controlling
it and who has the dog securely confined and controlled on an adequate
leash not more than six feet in length.
[Amended 11-15-1973 by Ord. No. 342]
No person owning, harboring, keeping or having
custody and control of a dog shall suffer, permit or allow such dog
to commit any nuisance, urinate or defecate on or otherwise damage
property of the public or of another. The upsetting of a garbage can,
chasing of vehicles, damaging lawns, shrubbery, flowers, grounds,
trees or any property of persons and the attacking of, snapping at
or biting of a person by a dog shall be deemed to be nuisances.[1]
[Amended 11-15-1973 by Ord. No. 342]
No person shall have, keep, harbor, maintain
or permit to be kept on any premises owned or occupied in whole or
in part by him within the Borough of Oceanport any dog or animal which,
by habitually barking, howling or whining, disturbs the public peace.
Any dog which has attacked or bitten any human
being or which habitually attacks other dogs or domestic animals is
hereby defined to be a vicious dog for the purposes of this section.
It shall be the duty of the Chief, Acting Chief or any member of the
Police Department to receive and investigate complaints against dogs,
and when any dog complained against shall be deemed by such Chief,
Acting Chief or member of the Police Department to be a vicious dog,
as herein defined, said officer shall report the facts to the Judge
of the Borough, who shall thereupon cause the owner or person harboring
such dog to be notified, in writing, of the complaint against such
dog and to appear before said Judge at a stated time and place. The
Judge, at the time set for such hearing, shall inquire into the facts
and give all interested persons an opportunity to be heard under oath
and to be represented by counsel, and the Judge shall decide in accordance
with the evidence before him, and if the Judge shall decide that such
dog complained of is a vicious dog, as defined by this section, notice
of such decision shall be given to the owner or person harboring such
dog. No dog which has been so determined to be a vicious dog shall
be permitted to be upon any street or public place in the Borough
except while securely muzzled and under leash, and the owner or person
harboring any such vicious dog who shall suffer or permit such dog
to run at large upon any street or public place in said Borough while
not securely muzzled and under leash shall be guilty of a violation
of this article.
[Amended 9-18-2008 by Ord. No. 851]
The Mayor and Council shall have the power to
appoint an Animal Control Officer or other designated authority whose
duty it shall be to enforce the provisions of this article. The Mayor
and Council shall also have the power to enter into a contract with
one or more persons for the exercise of the duty of Animal Control
Officer and to enforce the provisions of this article.
[Amended 4-5-1956 by Ord. No. 191; 9-18-2008 by Ord. No. 851]
A.Â
The Animal Control Officer or any other person appointed
for the purpose 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 any and all dogs off of the premises
of the person owning, keeping or harboring said dog which is not accompanied
by a person who is capable of controlling it and who does not have
the dog securely confined and controlled on an adequate leash not
more than six feet long.
B.Â
When said dog so seized 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
keeping or harboring said dog has not claimed said dog and paid all
expenses incurred by reason of its seizure and detention, 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 Animal Control Officer or other designated authority
may cause the dog to be destroyed in a manner causing as little pain
as possible.
