[Adopted 12-20-1976 by Ord. No. 3-76]
As used in this article, the following terms
shall have the meanings indicated:
Refers to a dog off the premises of the owner and not securely
fastened to a tether, leash, cord or chain or the like, not to exceed
eight feet in length, held by its owner or other person capable of
controlling said dog.
Any dog, bitch or spayed bitch.
Constant, steady or frequent.
To either care for, shelter, house, feed or medicate a dog
or other animal. A person who allows a dog or other animal to use,
go on or stay on property over which he has control or lives on, or
a person who encourages a dog or other animal to use, go on or stay
on any other property, shall be presumed to harbor said dog or other
animal.
When applied to the proprietorship of a dog or other animal,
includes every person having a right of property in such dog or other
animal and every person who harbors or has such dog or other animal
in his keeping or control.
Includes a person, partnership, corporation or other legal
entity.
A break, wound or abrasion which breaks the skin.
Every owner of a dog over seven months of age
shall have his dog inoculated with rabies vaccine of a type approved
by and administered in accordance with the recommendations of the
United States Department of Agriculture and the United States Department
of Health, Education and Welfare, unless the dog is certified exempt
as provided by regulations of the State Department of Health and this
article. Such vaccination shall be repeated annually, or at such intervals
as provided by regulations of the State Department of Health, and
shall be administered by a duly licensed veterinarian or by such other
veterinarian permitted by law to do the same. Any dog may be exempted
from the requirement of such vaccination for a specified period of
time by the Board of Health, or its agent, upon the presentation of
a certificate from a duly licensed veterinarian stating that by reason
of age, infirmity or other physical condition the vaccination of such
dog for such specified period of time is contraindicated. It is further
provided that nothing herein contained shall be deemed to require
the vaccination of any dogs located in and confined to duly recognized
and licensed kennels, dog pounds, pet shops, shelters or veterinary
hospitals.
The owner of any dog vaccinated against rabies
shall obtain from the veterinarian who vaccinates said dog a certificate
supplied by the Board of Health or its agent or a standard immunization
certificate in use by the licensed veterinarian of this or any other
state or country and shall within 10 days of each vaccination or within
10 days after bringing the dog into the Township of Toms River, if
the dog was vaccinated before being brought into the Township, deliver
said certificate to the Board of Health or its agent.
No owner of any dog nor any person in charge
of any dog shall suffer or permit such dog to run at large upon any
public street, public park, public building or other public place
within the Township or on private property without the permission
of the owner of said property or other person having control thereover.
No person shall permit his dog or any dog under
his charge, whether or not on a tether, leash, cord or chain or the
like, to go upon the lawn, yard or entrance walk or driveway of any
private residence without the permission of the owner or other person
having control thereover.
[Amended 1-17-1977 by Ord. No. 2-77]
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. No person shall own
more than one animal, including dogs, which as a collective group
habitually bark, cry, howl or make 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 Magistrate 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 degree
that such acts interrupted or interfered with any neighbor's enjoyment
and use of his 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 Zoning Ordinances of the Township
of Toms River.[1]
No person who shall own or be in charge of any
dog shall cause, suffer or allow such dog to soil, defile, defecate
on or commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypath, play area, park or any other place where people congregate
or walk, or upon any public property whatsoever, or upon any private
property without the permission of the owner or person in control
of said property. The restrictions in this section shall not apply
to that portion of the street lying between the curblines or upon
the street surface, which shall be used to curb such dog, subject
to the following conditions:
A.
The person who curbs such dog shall immediately remove
all feces deposited by such dog in a sanitary manner approved by the
Board of Health.
B.
The feces removed from the aforesaid designated area
shall be disposed of by the person owning or in charge of any dog
curbed in accordance with the provisions of this article, in a sanitary
manner approved by the Board of Health.
[1]
Editor's Note: Former § 516-16, Appointment, duties and
compensation of Dog Warden; fees, as amended, was repealed 6-13-2017
by Ord. No. 4547-17.
The Board of Health, or any officer or inspector
thereof, or member of the Township Police Department may serve notice
upon the owner or person in charge of a dog or any other animal which
has or is suspected of having attacked, scratched or bitten any person
to confine the animal, at the expense of the owner or person in charge,
on the premises of the owner or person in charge or at some other
place designated in the notice, for at least 15 days after such person
was served with such notice. Within 10 days after the service of such
notice, or upon such date designated by the Board of Health or its
agent, the said dog or animal must be examined by a duly licensed
veterinarian to ascertain whether said dog or animal is free from
rabies. Within 13 days after the service of such notice, the Board
of Health must receive a report of the results of said examination.
No dog or animal shall be released from said confinement until a certificate
signed by a licensed veterinarian has been filed with the Board of
Health attesting to the fact that the animal appears to be healthy
and free from rabies and the Board of Health or its agent has issued
a certificate of release. It shall be the duty of the owner and person
in charge of any dog or other animal so confined to immediately notify
the Board of Health, any officer or inspector thereof, or the Dog
Warden or the Assistant Dog Warden or the Township Police that such
confined animal has died and to retain such dead animal until the
Board of Health or its agent has examined the dead animal and authorized
its disposal.
The Township Board of Health or any officer
or inspector thereof shall be permitted by the owner or person in
charge of a dog or other animal which has or is suspected of having
attacked, scratched or bitten a person, to examine the dog or other
animal at any time, and daily if desired, within a period of 30 days
after said attack, scratch or bite occurred to determine whether the
animal shows symptoms of rabies, and no person shall refuse, obstruct
or interfere with the making of said examination.
If the owner or person in charge of a dog or
other animal knows or should know from the attendant circumstances,
or is notified by anyone that said dog or animal has or is suspected
of having attacked, scratched or bitten any person, said owner or
person in charge shall not for 15 days give away, sell, set loose
or in any way dispose of or conceal said dog or animal, whether alive
or dead, unless the Board of Health or any officer or inspector thereof
gives permission to do so.
No person shall violate any of the provisions of § 516-17 of this article by giving away, selling, setting loose or in any way disposing of or concealing any such dog or animal, whether alive or dead, when confined pursuant to notice.
Every person who is attacked, scratched or bitten
by a dog or other animal or the parent or guardian of any minor who
is attacked, scratched or bitten by a dog or other animal, or the
owner or person in charge of any dog or other animal which has or
is suspected of having attacked, scratched or bitten any person, or
any person having knowledge, including the treating physician and
veterinarian, that a dog or other animal has attacked, scratched or
bitten any person shall report said incident, the facts pertaining
to said attack, scratch or bite, and give their name and address to
the Board of Health, any officer or inspector thereof, or the Dog
Warden or the Assistant Dog Warden or Township police. Said report
shall be made within 12 hours of said incident.
No person owning or in charge of any dog or
other animal which has been known to be vicious by having previously
attacked, scratched or bitten any person or persons shall permit such
dog or animal to be upon a public street or highway, or upon any premises
other than those of the person owning such dog or animal or those
of a person who has given permission to said owner to keep or harbor
such dog or animal on his premises unless such dog or other animal
wears a muzzle securely fastened over his jaws in such manner that
he cannot bite.
The person or persons owning or having charge
over any dog or other animal which attacks, scratches or bites any
person shall be in violation of this article. Such person shall be
in violation even if said attack, scratch or bite occurred on his
private property or on private property over which he has control
unless either the alleged offense occurred in the nighttime or the
victim of said attack, scratch or bite was illegally upon such private
property. However, if said attack, scratch or bite occurred on such
private property, no person shall be in violation of this section
so long as at the time of the alleged offense there was a sign or
notice conspicuously posted adjacent to all roadways bounding on such
private property and adjacent to the usual entryway thereto, and the
sign or notice in a readable manner states no trespassing and generally
warns to beware of dog or other animal on such property. This section
shall not apply if the victim of the attack, scratch or bite is the
person who owns or is in charge of such dog or other animal or is
a member of such person's family and resides with him.
In addition to the provisions of §§ 516-22 and 516-23 of this article, any dog or other animal which has on more than one occasion within a two-year period attacked, scratched or bit any person or has caused any reasonable person to be fearful for his own safety, by chasing, worrying, snapping or otherwise, or which has habitually attacked other dogs or domestic animals is hereby defined to be a "public nuisance." Upon the filing of a complaint in the Municipal Court reciting such facts, the Magistrate shall determine whether the dog or other animal shall be declared a public nuisance within the meaning of this article. When the complained-of acts did not occur on the private property owned or under the control of the person owning or in charge of said dog or other animal, the Magistrate shall order that the dog or other animal be prohibited from being upon any street, road or public place in the Township unless securely muzzled and under leash. When the acts complained of occurred on such private property, the Magistrate shall order the owner of such private property or person having control thereover to conspicuously post a sign or notice adjacent to all roadways bounding on such private property and adjacent to the usual entryway thereto which in a readable manner states no trespassing and generally warns to beware of dog or other animal on such property. The Magistrate may make such other order with respect to the disposition or destruction of any dog or other animal declared to be a public nuisance as he shall deem consistent with the provisions of this article and in the best interest of the health and welfare of the residents of the Township of Toms River. The provisions of this section shall not apply if the victim of any complained of act is the person who owns or is in charge of such dog or other animal or is a member of such person's family and resides with him.
Any dog or any other animal which is or appears
to be suffering from rabies or is immediately dangerous to the public
or has been so badly injured that it cannot be helped by a licensed
veterinarian or moved may be forthwith destroyed in a humane manner
by any officer or inspector of the Board of Health, the Dog Warden,
an Assistant Dog Warden or any member of the Township Police Department.
Any such dog or other animal may be destroyed by shooting with a rifle
or handgun.
Any member of the Board of Health, any officer
or inspector thereof, the Dog Warden, an Assistant Dog Warden and
any member of the Township Police Department is authorized to go upon
any premises to seize for impounding any dog or other animal which
he may lawfully seize and impound when he is in immediate pursuit
of such dog or other animal, except upon the premises of the owner
of the dog or other animal if said owner is present and forbids the
same.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duties under this
article.
Whenever the Board of Health has reason to believe
or has been notified by the State Department of Health that there
is a danger that rabies may spread within the Township, the Board
of Health or any officer, inspector or agent thereof may serve a notice
in writing upon all persons within the Township owning or having charge
of any dog or other animal, so far as the same may be known, requiring
such person to confine such dog or other animal. In lieu of serving
such written notice the Board of Health may cause a notice to be published
in the official newspaper of the Township. Any person owning or in
charge of a dog or other animal which is subject to such notice and
who does not comply with the orders and instructions of such notice
shall be in violation of this article.
[Amended 1-17-1977 by Ord. No. 2-77]
No person shall strike or hit with any object
or by persistent actions tease, torment or harass any dog or other
animal which is confined by fence, chain, leash or other means upon
the private property of the owner or person in charge of such dog
or other animal. This section shall not apply if the offender is the
owner or person in charge of such dog or other animal, or if he is
a member of such person's family and resides with him, or is an invitee
on the premises of such person. Nothing in this section shall prevent
a person from protecting himself or others from any dog or other animal.
This section shall not be construed to approve, authorize or permit
cruelty to animals by their owners or other persons in charge thereof.
[Amended 9-14-1987[1]]
For each violation of any section, subsection or provision of this article, with the exception of § 516-20, such violator shall, upon conviction thereof, be subject to a penalty of a fine of not less than $25 nor more than $500. Each day that a particular violation of any section, subsection or provision of this article continues shall constitute a separate offense.
[1]
Editor's Note: This amendment also provided
that it shall be effective 10-14-1987.
