[HISTORY: Adopted by the Borough Council
of the Borough of Jersey Shore as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-20-1992 by Ord. No. 2-92 (Ch.
2 of the 1996 Code)]
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
A.
No person, firm or corporation owning or occupying
any real estate within the Borough shall keep any reptile which is
capable of killing its prey through constriction, suffocation or poisoning,
pig, hog, horse, cow, sheep, goat, goose, chicken or other barnyard
or wild animal, nor construct or maintain any pen therefor, at any
place in the Borough.
B.
No person, firm or corporation owning or occupying any real estate within the Borough shall keep more than four dogs or cats, nor construct or maintain any pen therefor, at any place in the Borough except to the extent permitted to maintain same under the provisions relating to kennels contained in Chapter 300, Zoning. In interpreting this section, no dog or cat under the age of six months shall be considered in determining the total number of dogs or cats kept.
Dogs licensed as required by law, cats and five pet rabbits are not to be considered as being included in the definition of barnyard or wild animals under § 110-1.
No person owning, harboring, keeping or in charge
of any animal shall cause, suffer or allow such animal to soil, defile,
defecate on or commit any nuisance on any common thoroughfare, sidewalk,
passageway, play area, park or any place where people congregate or
walk, or on any private property without the permission of the owner
of said property. The restriction set forth in this section shall
not apply to that portion of the street lying between the curbline
and the sidewalks, which shall be used to curb such dog under the
following conditions:
A.
The person who curbs such dog shall immediately remove
all feces deposited by such dog by a sanitary and reasonable manner.
B.
The feces removed from the aforementioned designated
area shall be disposed of in a sanitary manner by the person owning,
harboring, keeping or in charge of any dog curbed in accordance with
the provisions of this article.
No person, owning, harboring, keeping or in
charge of any animal shall allow such animal to make unnecessary,
unusual noise or any noise with such frequency so as to annoy, disturb,
injure or endanger the comfort, repose, health, peace or safety of
others within the limits of the Borough. Any such noise is declared
to be a public nuisance.
Prior to any violation or prosecution under
this article, those persons found in violation shall be given one
warning of the violation, stating the time allowed to correct the
violation. Should the violation continue after the first warning,
charges shall be brought against the person(s) responsible.
As used in this article, the following terms
shall have the meanings as indicated:
Any person, firm or corporation who or which owns, possesses,
maintains, houses or keeps any animal or animals within the Borough,
whether for compensation or otherwise.
All animals except dogs, cats and rabbits as noted in § 110-2.
To suffer, allow, consent, let; to give, leave or license;
to acquiesce by failure to prevent or to expressly accept or agree
to the doing of any act.
A natural person, partnership, corporation, fiduciary or
association. Whenever used in any section prescribing and imposing
a penalty, the term "person" as applied to any partnership, association
or other entity, shall also mean the partnership or members thereof,
and as applied to corporations, the officers thereof.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not less than $25 and not in excess of $600 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this article continues
shall be deemed a separate offense.
