Borough of Buena, NJ Article III General Restrictions

§ 99-8 Control of animals in public and private places; exceptions; animal fighting; prevention of nuisances by owner.

A. No person owning, keeping or harboring or maintaining any dog, cat, chicken, horse, cow, pig, duck, goose or any other farm or domestic animal shall suffer or permit such animal to run at large, loose or unattended upon the public streets, highways, sidewalks or public places of the Borough of Buena or upon the private land of adjoining or neighboring property.

B. No person owning, keeping or harboring or maintaining any farm or domestic animal set forth in Subsection A of this section shall permit or suffer such animal to be upon the public streets or in any of the public places of the Borough unless such animal is accompanied by a responsible person and is securely confined and controlled by an adequate leash, rein or halter not more than six feet in length.

C. Nothing in this section or in this article shall be construed to prohibit or prevent the running of any dog while used in hunting or in training, trial or practice runs, provided that such dog is accompanied by or under the control of the owner or other responsible person, and provided further that such hunting, training, trial or practice runs are conducted in such manner as not to abridge the rights of the owners of private property nor to conflict with the fish and game laws of the State of New Jersey, or other law, rule or regulation promulgated by the State of New Jersey or its duly authorized agents, which has as its purpose the protection, preservation or control of game or wildlife within the State of New Jersey.

D. No person shall own or keep or harbor or maintain any dog or other animal for the purpose of having such dog or other animal participate in animal fighting, nor shall any person train, torment, badger, bait or use any dog or other animal for the purpose of causing or encouraging such dog or other animal to commit unprovoked attacks upon human beings or other domestic animals. No person having the right and ability to prevent shall knowingly or carelessly or negligently permit any farm or domestic animal to commit any nuisance upon any sidewalk or on any public place, street, avenue, park, public square or place in the Borough, or upon the floor of any tenement house which is used in common by the tenants thereof, or upon the fences or lawns of any premises, or the walls or stairways of any building abutting a public street, avenue, park or public place, or upon the floor of any theater, store, factory or any building which is used in common by the public, including all public rooms or places therewith connected, or upon the floor of any public place or building used in common by the guests and patrons thereof, nor shall any such person omit to do any reasonable and proper act or take any reasonable and proper precaution to prevent any such farm or domestic animal from committing any such nuisance in, on or upon any of the places or premises herein specified.

E. It shall be unlawful to maintain any pen, coop, doghouse or other enclosure for any domestic or farm animal within 20 feet of any public street or highway or any property line adjacent to private property in the Borough of Buena.

F. No person shall keep any pen, house or enclosure for any dog, cat, chicken, horse, cow, pig, duck, goose or any other farm or domestic animal in such a manner as to create an offensive, foul or unhealthy odor to persons using the streets or highways of the Borough of Buena or to persons owning or using adjoining neighboring properties, nor shall any person owning, controlling or using any such pen, house or enclosure allow same to remain in a condition which is detrimental to the health or welfare of residents of the Borough of Buena.

G. No person shall keep, harbor or maintain any dog or any other farm or domestic animal which habitually barks, howls or cries in such a manner as to disturb persons using adjoining or neighboring property.

H. Dogs must be able to move freely when chained or tethered. The size of the tether or chain must be a minimum of 15 linear feet, constructed of lightweight cable and shall remain tangle free. Dogs must be equipped with a properly fitted harness or buckle-type collars. A doghouse shall be accessible to dogs that are chained or tethered.

I. No owner, caretaker, guardian or handler shall withhold proper shelter, protection from weather, veterinary care and immune care to any animal. No owner, caretaker, guardian or handler shall fail to provide his or her animal with sufficient food and drinkable water on a daily basis. Food and water must be in an animal-food-consumption or water-consumption-type container, feeder or waterer.

J. No animal shall be subjected to unnecessary suffering and cruelty such as subjecting the animal to prolonged fear, injury, pain or physical abuse. Interaction with human and other animals shall not be unreasonably withheld.

K. No person shall keep, harbor, raise, or permit to be harbored, raised or maintained in excess of four domestic pets at or upon any residential property consisting of three acres or less. For purposes of this subsection, "domestic pets" applies to dogs and cats only. This subsection shall not apply to any duly licensed business, organization or facility that is a veterinary establishment, kennel, breeder, pet shop, animal shelter, animal rescue or animal adoption agency or operating farm.

[Added 4-11-2016 by Ord. No. 637]