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Borough of Lake Como, NJ
Monmouth County
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Table of Contents
Table of Contents
[1973 Code § 5-1]
As used in this section:
DOG
shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
OWNER
when applied to the proprietorship of a dog, shall mean and include every person having a right of property in such dog or every person who has such dog in his keeping or charge or any person who harbors or maintains such dog.
VICIOUS OR POTENTIALLY DANGEROUS DOG
Any dog declared vicious or potentially dangerous by the Municipal Court pursuant to N.J.S.A. 4:19-17 et seq.
[Added 8-18-2015 by Ord. No. 2015-906]
[1973 Code § 5-2.1]
No person shall own, keep, or harbor a dog, unless he shall apply for, upon an application supplied by the Borough Clerk, pay for and procure from the Borough Clerk a license and official registration tag for each dog so owned, kept or harbored, and shall place upon each such dog a collar or harness with the registration securely fastened thereto.
[1973 Code § 5-2.2; Ord. No. 353 § 1; Ord. No. 82-366 § 1; Ord. No. 83-377 §§ 1, 2; Ord. No. 86-500 § 1; New; amended 8-18-2015 by Ord. No. 2015-906]
The annual license fee for all dogs in the Borough shall be $7 for each dog, in addition to the fee of $1.20 for the registration tag of each license. The fee for a potentially dangerous dog license shall be $700. Owners issued licenses for non-spayed or non-neutered dogs of reproductive age are to be charged an additional $3 fee. A dog of licensing age is considered to be of reproductive age. Owners presenting a statement signed by a veterinarian or a notarized statement signed personally certifying that their dog has been sterilized are exempt from the additional $3 fee. All licenses are due for renewal on January 1 annually. Any license purchased after January 31 shall be assessed an additional late fee of $3.
[1973 Code § 5-3]
The owner of any newly acquired dog or of any dog which attains licensing age shall make application for license and tag for such dog within 10 days after such acquisition or age attainment.
[1973 Code § 5-4]
Any person who shall bring into the Borough a dog licensed in another State shall apply for and procure a license within 90 days after the dog is brought into this State.
[1973 Code § 5-5]
All license and registration tag fees collected shall be disposed of in accordance with P.L. 1941, Chapter 151.
[1973 Code § 5-6]
No person shall allow, permit, or suffer any dog owned, kept or harbored by him to run at large in the Borough.
[Ord. No. 358 § 1; amended 8-18-2015 by Ord. No. 2015-906]
No person owning a dog shall permit it on the public streets or in any other public place in the Borough unless the dog is securely fastened to an adequate leash not more than eight feet long and is accompanied by a person capable of controlling it.
[1]
Editor's Note: Former § 5-2.3, Dogs Prohibited on Certain Public Properties, Ord. No. 358, was repealed 8-18-2015 by Ord. No. 2015-906.
[Ord. No. 268 § 1]
No person owning, keeping, harboring, walking, or in charge of any dog shall cause, suffer, permit or allow such dog to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property of persons in the Borough other than the owner or person having the care, custody or control of such dog.
[Ord. No. 268 § 1; amended 8-18-2015 by Ord. No. 2015-906[1]]
a. 
No person, agency or institution owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such animal to soil, defile, defecate or commit any nuisance upon any public or private property whatsoever, except with the express authority or permission of the owner of said property.
b. 
The restriction in this section shall not apply to the portion of the street lying between the curblines or, in the absence of curbs, the portion of street lying between the edge of the roadway shoulder and the right-of-way line, which may be used to curb such animals under the following conditions:
1. 
All pet owners and keepers who so curb such animal shall be 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.
2. 
The pet's solid waste removed from the aforementioned designated area shall be properly disposed of by the person owning, harboring, keeping or in charge of the animal curbed in accordance with the provisions of this chapter.
c. 
Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
[1]
Editor's Note: Former § 5-2.6, Removal Required, Ord. No. 268, was repealed 8-18-2015 by Ord. No. 2015-906]
[1973 Code § 5-8; amended 8-18-2015 by Ord. No. 2015-906]
No person shall own, keep or harbor any dog which becomes or proves to be a nuisance, either by continual or excessive and unreasonable barking, whining, howling or whimpering, or otherwise, provided that before any dog shall be deemed to be a nuisance, the owner thereof shall be notified of those facts which make it a nuisance by the Police Department; and upon the recurrence of the act complained of by the dog, it shall be, on such second occurrence, deemed and taken to be a nuisance. It shall be the duty of each member of the Police Department, upon hearing the barking, whining, howling or whimpering of a dog, forthwith to notify the owner. Continued excessive or unreasonable barking shall mean barking continuously for 10 minutes or intermittently for 30 minutes.
[1973 Code § 5-7]
No person shall hinder, molest, or interfere with anyone authorized or empowered to perform any duty under this chapter or P.L. 1941, Chapter 151.
[Ord. No. 2006-777]
a. 
Purpose. The purpose of this subsection is to establish requirements for the proper disposal of pet solid waste in the Borough of Lake Como so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection 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. The word "shall" is always mandatory and not merely directory.
IMMEDIATE
shall mean that the pet solid waste is removed at once, without delay.
OWNER/KEEPER
shall mean any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON
shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PET
shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
shall mean waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
shall mean 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.
c. 
Requirement for Disposal. All 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.
d. 
Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this subsection while such animal is being used for that purpose.
e. 
Enforcement. The provisions of this subsection shall be enforced by the Belmar Police Department of Borough of Lake Como.
f. 
Violations and Penalty. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine in accordance with the General Penalty, Section 1-5 of the Revised General Ordinances of the Borough of Lake Como.
[Added 8-18-2015 by Ord. No. 2015-906]
a. 
No person shall own, keep or harbor a vicious dog.
b. 
Any dog who has been declared potentially dangerous must be licensed as such with the Borough Clerk and comply with the conditions of N.J.S.A. 4:19-24.
[Added 8-18-2015 by Ord. No. 2015-906]
Police officers shall take into custody and impound any of the following animals:
a. 
Any animals running at large in violation of the provisions of this chapter.
b. 
Any animals off the premises of the owner or of the person keeping or harboring said animal, which the police officer has reason to believe is a stray dog.
c. 
Any dog off the premises of its owner or of the person keeping or harboring said animal without a current registration tag on its collar.
d. 
Any female dog in-season off the premises of its owner or of the person keeping or harboring said dog.
e. 
Any unmuzzled dog which has been determined to be a vicious dog.
f. 
Any dog or other animal which is suspected to be rabid.
g. 
Any dog or other animal off the premises of the owner reported to or observed by a police officer to be ill, injured or creating a threat to public health, safety or welfare.
[Added 8-18-2015 by Ord. No. 2015-906]
Any police officer, in the performance of his/her duties, may destroy any of the following animals:
a. 
Any vicious dog or any dog which has just attacked a human being without provocation and which cannot be seized with safety.
b. 
Any animal which is, or appears to be, suffering from rabies, or which is otherwise immediately dangerous to the public.
c. 
Any animal which has been so badly injured that it cannot be moved or helped by a veterinarian.
[Added 8-18-2015 by Ord. No. 2015-906]
If any animal impounded or seized wears a registration tag or a collar or harness having inscribed on or attached to it, the name and address of any person or the owner of the animal, a notice shall immediately be served on the person whose address is given on the collar or on the person owning the animal, 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. A notice under this section may be served either by delivering it to the person on whom it is to be served, or by leaving it at the person's usual last known place of abode, or at the address given on the collar, or by forwarding it by mail on a prepaid postcard, addressed to the person at his usual or last known place of abode, or to the address given on the collar.
[Added 8-18-2015 by Ord. No. 2015-906]
Any impounded animal may be destroyed in as humane a manner as possible under any of the following contingencies:
a. 
A seized animal which has not been claimed by any person within seven days after notice, or within seven days of the animal's seizure when notice cannot be given.
b. 
If the owner or person keeping or harboring the animal seized has not paid all expenses incurred by reason of its seizure, including a maintenance charge not to exceed $4 per day.
[Added 8-18-2015 by Ord. No. 2015-906]
Any person whose animal shall be seized by a police officer shall pay an administration fee of $25 to the Borough Clerk for each time that an animal has been picked up and impounded, and the full maintenance charge to the holding facility for each full or partial day held, not exceeding $4 per day or the limit set forth in N.J.S.A. 4:19-15.16.
[1973 Code § 3-6]
No person shall slaughter or permit or allow to be slaughtered in the Borough any live chickens, turkeys, ducks, geese, guineas, cocks, hens or any fowl of any kind whatsoever, or any live pigs, cows, goats, sheep or any other livestock or cattle of any kind whatsoever.
[1973 Code § 3-10.17]
No person shall lead, drive or allow to roam at large any horse, beast of burden, cow, sheep, goat or any other animal; or any chickens, ducks or other fowl upon any sidewalk, excepting at a driveway.
[Ord. No. 99-665 § I]
As used in this section:
ANIMAL CONTROL AUTHORITY
shall mean any person or agency designated or certified by the State of New Jersey to enforce the provisions of this section.
CAT
shall mean any member of the domestic feline species; male, female or altered.
CAT OF LICENSING AGE
shall mean any cat which has attained the age of seven months, or which possesses a set of permanent teeth.
CATTERY
shall mean any room or group of rooms, cage, or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.
LICENSING AUTHORITY
shall mean the agency or department of Lake Como or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under provisions of this section.
NEUTERED
shall mean rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OWNER
when applied to the proprietorship of a cat, shall mean and include every person having a right of property (or custody) in such cat and every person who has such cat in his/her keeping, or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person.
PERSON
shall mean any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
[Ord. No. 99-665 § II]
a. 
Vaccination and License Requirements. No person shall own, keep, harbor, or maintain any cat over seven months of age within Lake Como, unless such cat is vaccinated and licensed. The provisions of this section do not apply to cats held in a cattery, or those held by a State or Federal licensed research facility, or a veterinary establishment where cats are received or kept for diagnostic, medical, surgical, or other treatments, or licensed animal shelters, pounds, kennels, or pet shops.
b. 
Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in paragraph d.
c. 
Vaccination Certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the State.
d. 
Exemptions. Any cat may be exempted from the requirements of such vaccination for a specified period of time by the local Board of Health, upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition, or regimen therapy, the inoculation of such cat shall be deemed inadvisable.
[Ord. No. 99-65 § III]
a. 
Cats Must Have License Number Displayed. Any person who shall own, keep, or harbor a cat of licensing age shall annually apply for and procure from the Borough Clerk of the Borough of Lake Como, or other official designated by the Governing Body thereof, a license and official registration tag with license number, or a registration sleeve for each cat so owned, kept, or harbored, and shall place upon such cat a collar, or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying license number shall include, but are not limited to, break-away or elastic collars. License tags or sleeves are not transferable.
b. 
Time for Applying for License. The owner or any newly acquired cat of licensing age, shall make application for license tag or sleeve for such cat within 10 days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a cat within the Borough of Lake Como for not longer than 90 days.
c. 
Cats Brought into Lake Como. Any person who shall bring, or cause to be brought into Lake Como, any cat licensed in another state or current year, and bearing registration tag or sleeve, shall keep the same or permit the same to be kept within the Borough of Lake Como for a period of more than 90 days, and shall immediately apply for a license and registration tag or sleeve for each such cat.
Any person who shall bring or cause to be brought into Lake Como any unlicensed cat, and shall keep same or permit same to be kept within the Borough of Lake Como for a period of more than 10 days, shall immediately apply for a license and registration tag or sleeve for each such cat.
d. 
Application, Contents, Preservation of Information. The application shall state the breed, sex, age, color and markings of the cat for which license and registration are sought, and whether it is of a long or shorthaired variety; also the name, street, and post office address of the owner, and the person who shall keep or harbor such cat. The information on the application and the registration number issued for the cat shall be preserved for a period of three years by the Clerk or other local official designated to license cats in the Borough of Lake Como.
e. 
License Forms and Tags. License forms and official tags or sleeves shall be furnished by the Borough of Lake Como and shall be numbered serially, and shall bear the year of issuance and the name of the municipality.
f. 
Evidence of Inoculation with Rabies Vaccine or Certification of Exemption; Requirement for Licenses. The Municipal Clerk or other official designated by the Governing Body of the Borough of Lake Como to license cats therein shall not grant any such license and official registration tag or sleeve for any cat, unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a 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 Human Services, or has been certified exempt as provided by subsection 5-4.2 of this section. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.
g. 
License Fee Schedule. A license shall be issued after payment of a fee of $5 for each unneutered cat, and $3 for each neutered cat. Persons who fail to obtain a license as required within the time period specified in this section, shall be subject to a delinquent fee of $2.
h. 
Fees, Renewals, Expiration Date of License. License from another municipality shall be accepted. The person applying for the license and registration tag and/or sleeve shall pay the fee fixed or authorized. The fee for the renewal of license and registration tag or sleeve shall be the same as for the original, and the license, registration tag or sleeve and renewal thereof shall expire on the thirty-first day of January in the following year.
Only one license and registration tag or sleeve shall be required in the licensing year for any cat in the Borough. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by this municipality as evidence of compliance.
i. 
Loss of License. If a license tag or sleeve has been misplaced or lost, the Borough Clerk may issue a duplicate license and/or registration sleeve for that particular cat at a fee of $1.
j. 
Proof of Licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining, or harboring a cat, upon the request of any health official, police officer, Animal Control Officer, or other authorized person.
k. 
Interfering with Persons Performing Duties Under This Section. No person shall hinder, molest, or interfere with anyone authorized or empowered to perform any duty under this section.
l. 
Disposition of Fees Collected. License fees and other moneys collected or received under the provisions of this section, shall be forwarded to the Treasurer of the Borough of Lake Como, and shall be placed in a special account separate from any of the other accounts of the municipality and shall be used for the following purposes only: collecting, keeping, and disposing of cats liable to seizure, for local prevention and control of rabies, providing anti-rabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies, and for administering the provisions of this section. Any unexpended balance remaining in such special account shall be retained until the end of the third fiscal year following, and may be used for any of the purposes set forth in this subsection. At the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the Borough of Lake Como any amount then in such account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
[New]
a. 
Violations; Penalty. Except as otherwise provided in this chapter, any person who violates, or who fails, or refuses to comply with this chapter, shall be liable to a penalty of not less than $25, nor more than $500 for such offense, to be recovered in the name of the Borough of Lake Como.