[Adopted 1-11-2001 by Ord. No. MC-3625 (Ch. 210, Art. V, of the 1987 Code)]
A. 
Restraint on caretakers', guardians' or handlers' property, be it owned, leased, rented or otherwise. Caretakers, guardians or handlers of animals will exercise diligence and reasonable care to prevent animal(s) from leaving their premises. Restraint exists when the animal(s) is:
(1) 
Enclosed and properly provided for (N.J.S.A. 4:22-17) within a house, building, properly maintained fence, pen or other enclosure. Pens or other enclosures for each animal weighing 35 pounds or more must measure at least 150 square feet in size, be eight feet in height and be soundly constructed of chain link or similar type materials. Pens and enclosures for animals weighing less than 35 pounds may be downsized according to mathematical numerators and denominators. The pen or enclosure shall be properly maintained, kept free of the animal's waste materials, other trash and be sanitized on a daily basis. Clean, potable water shall be available at all times and must not be allowed to freeze over. Foods shall be made available at least once every 24 hours, or, in the case of juvenile animals, at least twice every 24 hours. Food and water dishes shall be sanitized on a daily basis. A soundly constructed, adequately sized and properly positioned and maintained dwelling (i.e., dog house) must be made available for the animal within the pen or enclosure. The top of the pen or enclosure shall be covered with materials to provide the animal with shade and protection from the elements.
(2) 
On a leash held by a competent person over the age of 16.
B. 
Restraint while off the caretakers', guardians' or handlers' property, be it owned, leased, rented or otherwise. Caretakers, guardians or handlers of animals will exercise diligence and reasonable care to keep animal(s) under restraint while off the caretakers', guardians' or handlers' premises. Restraint exists when the animal is:
(1) 
Temporarily inside a vehicle, parked or in motion, with a licensed driver in attendance.
(2) 
Temporarily inside a vehicle, parked or in motion, with a licensed driver in attendance in a securely fastened cage or animal carrier with adequate ventilation and large enough to allow room for the animal to stand and turn around without touching the sides or top of the cage or carrier.
(3) 
Confined and properly provided for (N.J.S.A. 4:22-17) within a house or building or secure enclosure with permission of the occupant of the property where the animal is temporarily located.
(4) 
On a leash held by a competent person over the age of 16.
Animals shall not be chained, tied, fastened or otherwise tethered to dog houses, trees, stakes, poles, fences, walls, or any other stationary objects outdoors or indoors as a means of confinement for more than two consecutive hours in any twenty-four-hour period.
Any person who violates this article shall be subject to the following punishment:
A. 
First offense: fine of $25.
B. 
Second offense: fine of $50.
C. 
Third offense: fine of $150 and seizure and impoundment of animal(s) by an animal control officer, police officer, sheriff or humane society official who shall leave at the place of seizure and impoundment a conspicuous notice indicating the animal(s) has been seized and impounded and the address and phone number where the animal(s) is impounded. Further, notice shall be given that the impounding agency shall be compensated for costs incurred. The animal(s) may be released from the impounding agency when evidence exists that proper restraint provisions have been put into place and/or are in place within seven days. The impoundment agency shall take permanent possession of the animal(s) if the caretakers, guardians or handlers fail to provide proper restraint within the seven-day period and/or pending a court hearing.