[1973 Code § 5-1]
As used in this section:
shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
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.
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.
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.
IMMEDIATE
OWNER/KEEPER
PERSON
PET
PET SOLID WASTE
PROPER DISPOSAL
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.
shall mean that the pet solid waste is removed at once, without
delay.
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.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
shall mean waste matter expelled from the bowels of the pet;
excrement.
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.
[Added 8-18-2015 by Ord. No. 2015-906]
[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:
shall mean any person or agency designated or certified by
the State of New Jersey to enforce the provisions of this section.
shall mean any member of the domestic feline species; male,
female or altered.
shall mean any cat which has attained the age of seven months,
or which possesses a set of permanent teeth.
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.
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.
shall mean rendered permanently incapable of reproduction
as certified by a licensed veterinarian.
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.
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.
