[Adopted 11-12-2008 by Ord. No. 15-2008]
A.
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. 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.
B.
ANIMAL CONTROL OFFICER
CAT
CAT OF LICENSING AGE
COMMON HOUSEHOLD PETS
DISTURBING NOISE
DOG
DOG OF LICENSING AGE
FARM ANIMALS
NEUTERED/SPAYED
OWNER/KEEPER
PERSON
WILD OR EXOTIC ANIMALS
The word "shall" is always mandatory and not merely
directory.
A person 18 years of age or older who has satisfactorily
completed the course of study approved by the Commissioner of Health
and Senior Services and the Police Training Commission as prescribed
by Paragraphs (1) through (3) of Subsection a. of Section 3 of P.L.
1983, c. 525 (N.J.S.A. 4:19-15.16a); or who has been employed in the
State of New Jersey in the capacity of, and with similar responsibilities
to those required of, a certified animal control officer pursuant
to the provisions of P.L. 1983, c. 525 for a period of three years
before January 17, 1987.[1]
Any member of the domestic feline species, male, female or
altered.
Any cat which has attained the age of seven months or which
possesses a set of permanent teeth.
Dogs, cats, hamsters, mice, ferrets, fish, rabbits, potbellied
pigs, snakes (excluding constrictors and poisonous snakes) and domesticated
birds, including, but not limited to, canaries, parakeets, myna birds,
parrots and the like.
The habitual barking, howling, whining or crying of a dog
or dogs or the howling of a cat or cats, or the chirping, cooing of
birds in the Borough of Atlantic Highlands at any hour is hereby declared
to be a disturbing noise within the meaning of N.J.S.A. 40:48-1, Subsection
8, and a nuisance.
Any dog, bitch or spayed bitch.[2]
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.[3]
Horses, ponies, livestock, cattle, goats, sheep, pigs, mules,
donkeys, fowl and any other animals customarily kept on a farm, but
not including common household pets.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
When applied to the proprietorship of a dog, shall include
every person having a right of property in that dog and every person
who has that dog in his keeping, and when applied to the proprietorship
of any other animal, including, but not limited to, a cat, shall include
every person having a right of property in that animal and every person
who has that animal in his keeping.[4]
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
Any species of animal whose natural or usual habitat within
the State of New Jersey is either in a zoo or the wild, as opposed
to a domesticated environment, regardless of whether such animal poses
an actual or apparent threat to persons, other animals, or property.
This includes wild animals not normally found in the State of New
Jersey, such as tigers, alligators and other wild animals.
A.
License required. Every person who shall own any dog,
of licensing age within the municipality shall obtain a license for
each dog from the Municipal Clerk. The Municipal Clerk shall issue
a registration number for each dog so licensed. For the purpose of
this section, any person who harbors or possesses any dog for a period
of 15 days or more shall be deemed the owner of the dog so harbored
or possessed. In order for the license to be issued, the owner must
present proof such as a rabies certificate that a licensed veterinarian
has vaccinated the dog against rabies and that the duration of immunity
from that vaccination extends through at least 10 months of the twelve-month
licensing period. An exemption to the rabies inoculation requirement
shall be granted if the owner presents written certification from
a licensed veterinarian that the dog cannot be vaccinated due to a
medical condition or course of therapy.[1]
B.
License fee. Dog license fees, including the late fee to be paid by all persons purchasing a license 30 days after expiration of such license, shall be as provided in Chapter 168, Article II. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs except that the owner or keeper of such dog shall not be required to pay any fee.
[Amended 5-9-2007 by Ord. No. 07-2007][2]
C.
Registration tags. The registration number issued by the Municipal Clerk for each licensed dog shall be on a metal tag, which tag shall be securely attached to a strap or collar worn around the neck or body of each licensed dog. Each tag shall have marked on it the words "Atlantic Highlands, New Jersey," the year for which the tag was issued and the registration number. The Municipal Clerk may issue substitute tags upon proof of loss by the owner of the registered dog; and the owner shall pay an additional fee for each and every substitute tag, which fee shall be as provided in Chapter 168, Article II.[3]
D.
Removing or transferring tags unlawful. No person,
except an officer 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.
E.
Newly acquired dogs of licensing age. The owner of
any newly acquired dog of licensing age or of any dog which attains
licensing age shall apply for a license and registration tag for such
dog within 10 days after such acquisition or age attainment.[4]
F.
Dogs brought into Borough.
(1)
Any person who shall bring or cause to be brought
into the Borough any dog currently licensed in any other municipality
for the current year and bearing a registration tag and who shall
keep the same or permit the same to be kept within the Borough for
a period of more than 90 days shall immediately apply for a license
and registration tag for each such dog.
G.
Recording of dog licenses. The Municipal Clerk shall
maintain a system for the purpose of registering the name and address
of the owner of the dog sought to be licensed and the name, breed,
sex and markings of each dog registered. Its number shall be entered
therein and numbers for each application for registration shall be
in the order in which the application is made.
H.
Regulations for control of dogs.
(1)
Running at large. No person owning, keeping or harboring
any dog shall suffer or permit it to run at large upon the public
streets, any public park, any public building or any other public
place, unaccompanied by its owner or his, her or its representative
and without a leash attached to the collar of such dog or to trespass
upon the private property of other persons in the municipality. Any
dog found running at large shall be deemed to be doing so with the
permission of its owner, keeper or harborer and such person shall
be guilty of a violation of this subsection.[6]
(2)
Nuisance restrictions. No dog owner shall suffer or
permit any dog to annoy neighbors or other persons living within the
immediate vicinity in the municipality, by barking, howling, whining
or crying, nor permit the dog to trespass upon the private property
of any other persons in the municipality, nor suffer or permit his
dog to damage shrubbery, flowers, gardens or any other property of
any kind or character belonging to any neighbor or other person in
the municipality. No person shall keep, harbor or maintain any dog
which habitually barks howls, between the hours of 10:00 p.m. and
6:00 a.m. or which, by frequent barking, howling, whining or crying,
disturbs the peace, comfort or quiet of any neighbor.
(3)
Solid waste removal. All dog owners and keepers are
required to immediately and properly dispose of their pet's solid
waste deposited on any property, public or private, not owned or possessed
by that person. Proper disposal is the 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. In the event that any dog
shall, through inadvertence or otherwise, soil, defile, defecate on
or commit any nuisance contrary to the foregoing restrictions, the
person owning, harboring, keeping or in charge of such dog shall immediately
remove all feces deposited by such dog. The provisions of this article
shall not apply to blind persons who may use dogs as guides.
A.
Any member of the Police Department or the Animal
Control Officer or its designated agent, authorized or employed for
such purpose by the Borough, shall take into custody and impound or
cause to be taken into custody and impounded the following:
(1)
Any dog off the premises of the owner or of the person
keeping or harboring said dog, which said Chief or member of the Police
Department or agent of the Borough has reason to believe is a stray
dog.
(2)
Any dog off the premises of the owner or of the person
keeping or harboring said dog without a current registration tag on
its collar.
(3)
Any
female dog in season off the premises of the owner or of the person
keeping or harboring said dog.
[Added 2-23-2011 by Ord.
No. 03-2011]
(4)
Any
dog or other animal off the premises of the owner reported to, or
observed by, a certified animal control officer to be ill, injured
or creating a threat to public health, safety or welfare, or otherwise
interfering with the enjoyment of property.
[Added 2-23-2011 by Ord.
No. 03-2011]
(6)
Any dog which has, on more than one occasion, attacked
or bitten a human being or which habitually attacks other dogs or
domestic animals or which otherwise has shown such savagery, fierceness
or ferocity as to indicate that it is a threat to the safety of individual
persons (hereby defined to be a "vicious dog").
B.
All dogs seized under these provisions shall be impounded
in a place designated by the Borough Council as the dog pound and
shall be kept there until disposed of in accordance with the provisions
of this section.
C.
Redemption of seized dogs. Any dog seized under the provisions of this section may be redeemed by the owner of the dog upon the payment of such fees as are provided in Chapter 168, Article II; provided, however, that such redemption must be within seven days of the impounding or seizure of any dog as provided in this section. If any animal so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or the owner or the person keeping or harboring said animal is known, any person authorized by the governing body shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said animal, if known, a notice in writing stating that the animal has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after the service of the notice.
[Amended 2-23-2011 by Ord. No. 03-2011]
D.
Exemption. The preceding requirements of Subsections A, B, C and D of this section shall not be deemed applicable when any dog found running at large or seized and impounded (whether licensed or unlicensed) is vicious or appears to be suffering from rabies. In such case, the Municipal Clerk or any member of the Police Department or agent of the Humane Society may forthwith cause said dog to be destroyed, without incurring any liability for such action.
A.
No person, firm or corporation shall, at any time,
maintain a kennel or similar structure for the purpose of boarding,
raising, training or otherwise dealing in dogs or cats. The boarding,
training or sale of dogs or cats for compensation within the limits
of the municipality is hereby prohibited.
B.
Nothing in this section shall prevent the use of facilities
for the temporary boarding of animals including dogs and cats in direct
contiguous conjunction with a licensed veterinarian clinic or veterinary
hospital.
A.
License required; exception.
[Amended 5-24-2017 by Ord. No.
06-2017]
(1)
No person shall own, keep, harbor or maintain any cat within the
municipality, over seven months of age, unless such cat is vaccinated.
For the purpose of this section, any person who harbors or possesses
any cat for a period of 15 days or more shall be deemed the owner
of the cat so harbored or possessed.
(2)
Exception. Any cat may be exempted from the requirements of such
vaccination upon presentation of a veterinarian's certificate
stating that because of an infirmity or other physical condition or
regimen of therapy, the inoculation of such cat shall be deemed inadvisable.
C.
Registration tags. The registration number issued by the Municipal Clerk for each licensed cat shall be on a metal tag, which tag shall be securely attached to a strap or collar worn around the neck or body of each licensed cat. Each tag shall have marked on it the words "Atlantic Highlands, New Jersey," the year for which the tag was issued and the registration number. The Municipal Clerk may issue substitute tags upon proof of loss by the owner of the registered cat; and the owner shall pay an additional license fee as provided in Chapter 168, Article II, for each and every substitute tag.
[Amended 2-23-2011 by Ord. No. 03-2011]
D.
Compliance dates. Any cat owner bringing a new cat
into the municipality, in any year, must obtain a proper license within
15 days of taking possessing of that cat. Any kitten under the age
of vaccination must obtain a license within 30 days after receiving
their first vaccination. All cats currently residing and licensed
within the Borough, must obtain a new license within 30 days after
the expiration of such license. Any owner of a cat in the Borough
who shall neglect or refuse to obtain a license in the manner herein
provided shall be guilty of a violation of this section.
E.
Nuisance restrictions.
[Amended 5-24-2017 by Ord. No. 06-2017]
(1)
Solid waste removal. All cat owners and keepers are required to immediately
and properly dispose of their pet's solid waste deposited on
any property, public or private, not owned or possessed by that person.
Proper disposal is the 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.
(2)
No person shall keep, harbor or maintain any cat which habitually
whines or howls between the hours of 10:00 p.m. and 6:00 a.m. or which,
by frequent howling, whining or crying, disturbs the peace, comfort
or quiet of any neighbor.
(3)
No person shall permit any cat to remain on or about any premises, or provide food to or shelter to any cat unless such cat is vaccinated. Any person feeding or sheltering a cat that is stray or feral shall be considered the owner and keeper of such cat and will be responsible for adhering to all provisions of § 97-16.
A.
Number of common household pets limited.
(1)
No person or entity shall own, keep, harbor or maintain
more than 12 common household pets, other than fish, at one premises.
Dogs and cats which have not attained licensing age shall not be included
within the twelve-pet limitation.
(2)
All common household pets shall be maintained and
housed in accordance with all applicable state, county and local health
codes and regulations.
B.
Pot-bellied pigs.
(1)
Registration required. Every person who shall own
any pot-bellied pig within the municipality shall register each pig
with the Municipal Clerk. The Municipal Clerk shall issue a registration
number for each pig. Every pot-bellied pig must be vaccinated in accordance
with the statutes and regulations of the State of New Jersey and the
recommendations of any state and/or county health organization.
C.
Solid waste removal. All common household pet owners
and keepers are required to immediately and properly dispose of their
pet's solid waste deposited on any property, public or private, not
owned or possessed by that person. Proper disposal is the 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.
Declaration of nuisance; responsibility of owner.
No person owning or having responsibility for the care, custody or
control of any common household pet shall not suffer or permit such
animal to:
(1)
Deposit any feces or to commit any nuisance upon any
sidewalk, street or thoroughfare or upon any public park, playground
or other public place.
(2)
Soil or defile or do any injury or damage to any lawn,
vegetable garden, shrubbery, trees, flowers, driveway or ground on
any private property of persons other than that of the owner or person
responsible for the care, custody or control of such pet.
(3)
Cause any injury to any person.
(4)
Cry, whine, howl or otherwise disturb the peace or
quiet of the neighborhood or the sleep of any person for any unreasonable
length of time.
(5)
Be or become a public nuisance or create a condition
hazardous to safety health or well-being of any resident, business
owner or visitor.
B.
No person shall keep, harbor or maintain any common
household pet which habitually disturbs the peace, comfort or quiet
of any neighbor.
C.
No person owning or having the responsibility for
the care, custody or control of any common household pet shall permit
the accumulation of animal waste within or upon the premises where
such animal or animals are kept, so as to allow the creation of any
public health hazard or an odor of animal waste discernible beyond
the property lines of the dwelling unit upon which the animal or animals
are kept.
D.
Each of the household animal behaviors described in
this article is hereby declared to be a nuisance.
A.
Purpose. The
purpose of this section is to establish requirements for the keeping
of farm animals and wild or exotic animals and to establish licensing
procedures therefor.
B.
Minimum land area required. No farm animal or wild
or exotic animal shall be kept by any person or entity unless the
land on which such animal is to be kept shall consist of a minimum
of five acres. The governing body of the Borough of Atlantic Highlands
finds and declares that such area is the minimum needed for the keeping
of such animals.
C.
Licenses required. No person, firm, household, corporation
or other entity shall keep any farm animal or wild or exotic animal
within the Borough of Atlantic Highlands unless such person or entity
shall first apply for and obtain a license from the Municipal Clerk
and shall comply with all regulations contained in this section.
D.
License applications. All applications under this
section shall be in writing and shall state the kind and number of
animals, the purpose for which they will be kept. The application
shall be accompanied by a sketch showing the location of all buildings
or enclosures proposed for such animals. The Municipal Clerk may require
the designation of genus and species of animals were deemed necessary.
(1)
No license shall be granted where it appears from
the application that the occupant of any neighboring property shall
be adversely affected by the presence of the animals for which the
license is sought. "Adversely affected" shall be deemed to mean affected
by noise, odor, unsightliness or reasonably perceived danger of physical
harm.
(2)
Applications for licenses to harbor farm animals or
wild or exotic animals may be obtained upon application to the Municipal
Clerk.
(3)
Provided that a properly completed application shall
be submitted, the Municipal Clerk shall present such application,
within 20 days, to the Zoning Officer, which shall grant or deny the
license applied for.
(4)
The Borough Code Enforcement Officer, and/or the Borough
Administrator, may revoke any license issued under this section in
the event of violation by the licensee of any of the provisions of
this chapter.
(5)
Where any license application is denied or any license
is revoked, the applicant or licensee may, within 15 days of the denial
or revocation, request a hearing before the governing body. The governing
body may affirm, modify or reverse such denial or revocation. The
hearing shall be held within 30 days of the receipt of the request
for hearing, and the determination of the governing body shall be
issued within 30 days after the hearing.
E.
Other laws applicable. Nothing contained in this section
shall be deemed to permit the keeping of any animal or engaging in
any practice prohibited by Title 4 of the New Jersey Statutes or by
any other law, ordinance or regulation.
F.
Exceptions. Any animal rehabilitator licensed by the
New Jersey Department of Environmental Protection shall be exempt
from the provisions of this section.
The provisions of this article may be enforced
upon written complaint by a complaining witness filed in the Municipal
Court. In any proceeding before the Judge of the Municipal Court,
upon a complaint duly made and filed in the Municipal Court, if the
Court shall then find that the animal in question has committed the
prohibited acts alleged in the complaint, there shall be a presumption
that the defendant owner, possessor or harborer has suffered or permitted
such animal to commit the prohibited acts alleged in the complaint;
and it shall not be necessary that the complainant prove the defendant's
knowledge, or intention; provided,1 however, that it shall appear
in such proceeding that a complainant has on at least one other previous
occasion lodged a complaint with the Municipal Police Department charging
the same defendant with the same offense, and that the defendant had
notice of such previous complaints.
It shall be the responsibility of the Police
Department, Code Enforcement Officer, Animal Control Officer or any
other individual, corporation or entity that the municipality shall
contract with for the responsibility of enforcing this article to
sign a complaint upon violation of this article and also to sign a
complaint after investigating the notice of any violation of any provision
of this article.
Any person who shall in any way hinder or interfere
with the Police Department, Code Enforcement Officer, Animal Control
Officer or any other individual, corporation or entity that the municipality
shall contract with for the responsibility of enforcing this article,
in the performance of their duties under the provisions of this article
shall be deemed to have violated the provisions of this article.
