Township of Plumsted, NJ Animal Control

Any animal off the premises of the person owning or harboring it and not secured or fastened to a tether, leash or chain of six (6) feet or less held by its owner or other person capable of controlling said animal.

CAT

Any feline.

DOG

Any canine, including all males, bitches or spayed bitches.

DOG OF LICENSING AGE

A dog which has attained the age of seven (7) months or which possesses a set of permanent teeth.

KENNEL

Shall mean any establishment wherein or whereon the business of boarding or selling dogs, or breeding dogs for sale, is carried on, except a pet shop.

OWNER

When applied to the proprietorship of an animal, shall include every person having a right of property in such animal and every person who has such animal in his keeping.

PET SHOP

Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein animals are kept, displayed or sold.

POUND

An establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.

SHELTER

Any establishment where dogs are received, housed and distributed.

TOWNSHIP

The Township of Plumsted in the County of Ocean.

§ 4-2 Rabies certificate and license required; limitation on number to be kept.

(Ord. #93-18, § 1)

No person shall keep or harbor any dog within the Township without first obtaining a rabies certificate from a licensed veterinarian in the State of New Jersey and without first obtaining a license therefor issued by the Township Clerk or such other authorized person upon application by the owner and payment of the appropriate fee. No person shall keep or harbor any dog in said municipality except in compliance with the provisions of this chapter.

No license or official registration tag for any dog shall be issued unless the owner thereof provides evidence that the dog to be licensed and registered has been inoculated with 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 Health, Education and Welfare, or has been certified exempt as provided by regulations of the State Department of Health. Such vaccination shall be repeated at intervals as provided by regulations of the State Department of Health and shall be administered by a duly licensed veterinarian.

(Reserved)

§ 4-3 Application for license and registration tag.

Any person who shall own, keep, or harbor a dog of licensing age in the Township shall, in the month of January in each year, apply for and procure from the Township Clerk a license and official registration tag for each such dog so owned, kept or harbored, and shall place upon such dog a collar or harness with the registration tag securely fastened thereto.

The owner of any newly acquired dog of licensing age, or of any dog which attains licensing age, shall make application for a license and registration tag for such dog within ten (10) days after such acquisition or age attainment.

§ 4-4 Licensing of dogs; required fee.

(Ord. #93-18, §§ 2, 3; Ord. #94-20, § 1; Ord. #2001-11, § I; Ord. #2007-21, § 1; Ord. #2008-18, §§ 1,2; Ord. No. 2018-20)

The following license and registration fees shall apply to each dog required to be registered and licensed in the Township under the provisions of N.J.S.A. 4:19-1, et seq., and shall be in addition to any and all fees promulgated by the State of New Jersey pursuant to the aforementioned statute:

Annual license fee: fifteen dollars and 55/100 ($15.55). Said license shall expire on the last day of January in the calendar year next following issuance.

Kennel and pet shop fee: the annual license fee for a kennel providing accommodations for ten (10) or less dogs shall be ten dollars ($10) and for more than ten (10) dogs, twenty-five dollars ($25). The annual license fee for a pet shop shall be ten dollars ($10). No fee shall be charged for shelter or pound. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; such licenses shall not be transfer-able to another owner or different premises. These establishments shall be governed by N.J.A.C. 8:23-3.

Any resident who has attained the age of sixty-two (62) years of age, or who is totally and permanently disabled as certified by the Social Security Administration or a physician, shall have the municipal portion of the dog licensing fee reduced by fifty percent (50%). All individuals covered by this fee reduction shall present a form of identification to validate the entitlement to the fee reduction to the satisfaction of the Municipal Clerk's office.

Any resident who is an active municipal volunteer appointed by resolution by the Township Committee, active First Aid volunteer or active Fire Company volunteer, as verified by a list provided by First Aid Squad and Fire Company annually shall also have the municipal portion of the dog licensing fee reduced by fifty percent (50%).

Any resident who is involved with animal rescue, whether they are part of a 501(c)3 organization doing animal rescue or volunteering at an animal shelter shall have the municipal portion of the dog licensing fee reduced by fifty percent (50%). All individuals covered by this fee reduction shall present a letter annually from the organization on their letterhead or other appropriate documentation to validate their participation and a member in good standing for the entitlement for the fee reduction to the satisfaction of the Municipal Clerk's Office.

(1)

That said dog or hybrid dog being licensed under the fifty percent (50%) reduction shall not be declared vicious or potentially vicious by the Municipal Court or any court of competent jurisdiction as set forth in Chapter 4, Section 21.

§ 4-5 Additional fees.

(Ord. #2007-21, § 2)

In addition to the fees set forth in § 4-4 above, the following shall apply to all dogs within the Township:

Pilot clinic fee: twenty cents ($.20). All fees collected pursuant to this section shall be forwarded to the State Treasurer to be placed in the "Pilot Clinic Fund."

New Jersey registration fee: one dollar ($1). The person applying for the license and registration tag shall pay the sum of one dollar ($1) for a one-year registration for each dog.

New Jersey animal population control fee: A fee of three dollars ($3) shall be collected for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization. All fees collected pursuant to this section shall be forwarded to the State Treasurer for deposit in the "Animal Control Population Fund."

Late fee for each dog which remains unregistered after March 1st of year each: ten dollars ($10).

Dogs used as guides for blind persons and commonly known as "seeing eye" dogs for hearing impaired persons shall be licensed and registered as other dogs herein provided for, except that the owner or keeper of such dogs shall not be required to pay any fee therefor.

§ 4-6 Dogs licensed in other states; unlicensed dogs.

Any person who shall bring or cause to be brought into the Township any dog licensed in another state for the current year and bearing a registration tag, and shall keep the same or permit the same to be kept within the Township for a period of more than ninety (90) days, shall immediately apply for a license and registration tag for each dog unless such dog is licensed pursuant to § 4-4B.

Any person who shall bring or cause to be brought into the Township an unlicensed dog, and shall keep the same or permit the same to be kept within the Town-ship for a period of more than ten (10) days, shall immediately apply for a license and registration tag for each such dog unless such dog is licensed pursuant to § 4-4B.

Any dog appropriately licensed by another municipality in the State of New Jersey will be recognized as licensed in the Township until the next Township registration period for the licensing of dogs provided that the owner thereof has a rabies certificate from a licensed veterinarian as set forth in § 4-3. Licensing of any such dog shall take place during the first registration period following the keeping or harboring of said dog in the Township.

§ 4-7 Licensing for kennels, pet shops, shelters and pounds.

(Ord. #93-18, §§ 4-7)

Any person who keeps, operates, or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Township Clerk, or other authorized agent, for a license or permit entitling him to keep or operate such establishment. The application shall describe the premises where the establishment is located, or is pro-posed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the Health Officer of the Board of Health of the Township or designee showing compliance with the local and state rules and regulations governing the location of and sanitation of such establishment.

All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of each year. Licenses shall be subject to revocation by the Township Committee on recommendation of the State Department of Health or the Board of Health of the Township for failure to comply with the applicable rules and regulations after the owner has been afforded a hearing.

Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments. Such licenses shall not be transferable to another owner or different premises.

All kennels, pet shops, shelters or pounds shall see to it that all dogs seven (7) months or older shall be vaccinated for rabies in accordance with N.J.S.A. 4:19-15.2a, et seq.

All kennels, pet shops, shelters or pounds shall be subject to inspection by an authorized agent of the Board of Health of the Township or designee in connection with any and all upgrading of such establishments by the owner or owners prior to their licensing or relicensing. The Board of Health shall have the right to impose a reasonable reinspection fee if the licensing fee does not cover the actual expenses of the Board.

A kennel, pet shop, shelter or pound termed unfit shall be given a twenty-two (22) day period within which to upgrade in accordance with any inspection report received. The Township Committee may extend the period of time at its discretion.

§ 4-8 Confinement of dogs kept in kennels, pet shops, shelters or pounds.

(Ord. #93-18, § 4)

No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises except on a leash, crate or other safe control.

§ 4-9 Report of licensed kennels, pet shops, shelters or pounds.

(Ord. #93-18, § 4)

The Township Clerk, or other authorized agent, shall forward to the State Department of Health, or its designee, a list of all kennels, pet shops, shelters or pounds licensed in the Township within thirty (30) days after the licenses therefor are issued, which list shall include the names and addresses of the licensees and the types of licenses issued.

§ 4-10 Removal of registration tag.

No person, except a police officer or an agent of the Township engaged 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.

§ 4-11 Disposition of fees.

License fees, registration tag fees and other moneys collected and received pursuant to this chapter shall be forwarded to the Chief Financial Officer of the municipality to be deposited within forty-eight (48) hours after collection or receipt and shall be maintained in a special account to be used in accordance with applicable state law.

§ 4-12 Running at large restricted.

(Ord. #93-18, § 8; Ord. #94-15, § 1)

No dog or animal shall run, or be permitted by its owner to run, at any time at large within the limits of the Township, except where such dog or animal is under the direct control and supervision of its owner or handler. (Ord. #93-18, § 8; Ord. #94-15, § 1)

§ 4-13 Disturbance of peace prohibited.

No person who owns, keeps or harbors any dog shall suffer or permit such dog to bark, howl or cry habitually for a period not to exceed twenty (20) minutes in any twenty-four (24) hour period in such a manner as to constitute a nuisance. Nothing contained in this section shall be construed to prevent the lawful use of a dog for hunting or pursuing game pursuant to the provisions of the applicable state law.

§ 4-14 Seizure and impounding.

(Ord. #93-18, § 9)

The Animal Control Officer of the Township of Plumsted, or other authorized agent, shall take into custody and impound any animal, which thereafter in their discretion may be destroyed or disposed of as hereinafter provided, and pursuant to the provisions of this chapter and applicable state laws:

(1)

Any dog off the premises of the owner or of the person keeping or harboring said dog which said official, or his agent or agents, have 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 his collar;

(3)

Any dog running at large within the limits of the Township of Plumsted;

(4)

Any dog with a dangerous or vicious propensity or noticeably infected with rabies or bitten by a dog suspected of having rabies;

(5)

Any female dog in season off the premises of the owner or of the person keeping or harboring such dog;

(6)

Any cats creating a nuisance while off their property;

(7)

Any dog or other animal as authorized by the provisions of N.J.S.A. 40:19-15.16.

In the event of a dog bite, the Animal Control Officer shall work directly under the Local Board of Health and the County Board of Health in all administrative and enforcement actions and in accordance with applicable state law.

If any dog or cat so seized wears a collar or harness stating the name and address of the owner, or if the person keeping or harboring said dog or cat is known, the Animal Control Officer shall forthwith serve upon the person whose address is given on the collar or on the owner or person keeping or harboring said dog or cat, if known, a notice in writing stating that the dog or cat has been seized and will become the subject of appropriate action in manner approved by the Department of Health of the State of New Jersey if not claimed within seven (7) days after the service of the notice.

A notice under this section may be served either by delivering it to the appropriate person or by leaving it at the person's usual or last known place of residence.

When any dog or cat so seized has been detained for seven (7) days after notice, when notice can be given as set forth above, or has been detained for seven (7) days after seizure when notice has not been and cannot be given as herein provided, and if the owner or person keeping or harboring said dog or cat has not claimed said dog or cat and paid all expenses incurred by reason of its detention, including maintenance, and if the dog is unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Control Officer may cause the dog or cat to be destroyed in a manner causing as little pain as possible.

The cost of any medical or veterinary treatment deemed necessary by an authorized agent of the Board of Health shall be the responsibility of the owner of said dog or cat.

Any person retrieving any dog impounded by the Animal Control Officer is required to show proof of licensing. Persons owning or having a dog under their control requiring a license shall obtain a license within seven (7) days. Persons owning or having under their control dogs requiring a license and a valid rabies certificate as required by this chapter shall obtain both documents within a ten (10) day period.

§ 4-15 Authority to enter upon premises.

The Animal Control Officer engaged in the performance of any duty under this chapter or the statutes of the State of New Jersey is hereby authorized to enter upon any premises to seize and impound any dog or cat, which he may lawfully seize or impound when such officer is in immediate pursuit of said dog or cat.

§ 4-16 Interference with authorized persons.

It shall be unlawful for any person to hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter or applicable state law.

§ 4-17 Use of leash.

No person owning, keeping or harboring any such dog shall suffer or permit it to be upon the public streets or in any of the public places of the Township unless such dog is accompanied by a person over the age of twelve (12) years and is securely confined and controlled by an adequate leash not more than six (6) feet long.

§ 4-18 Damage to property.

No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or damage to any lawn, shrubbery, flowers, grounds or property of another.

§ 4-19 Nuisances prohibited; curbing of dogs; responsibility of owner.

(Ord. #93-18, § 11)

It shall be the responsibility of the dog owner, or any person in charge of a dog, to immediately remove and properly dispose of dog feces while on public property within the Township of Plumsted.

§ 4-20 Violations and penalties.

(Ord. #93-18, § 10)

Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), by imprisonment for a term not to exceed ninety (90) days or by community service of not more than ninety (90) days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a Court of competent jurisdiction.

The Animal Control Officer shall take into custody any other animal or animals which have strayed and have become detrimental to the safety and welfare of the inhabitants of Plumsted Township.

§ 4-21 Vicious or potentially dangerous dogs.

(Ord. #2001-10, § 1)

Definitions. In accordance with N.J.S.A. 4:19-17 et seq., the following words and terms shall have the meanings herein indicated for the purpose of this chapter:

POTENTIALLY DANGEROUS DOG

Any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to Section 7 of P.L.1989, c. 307 (C.4:19-23).

VICIOUS DOG

Any dog or dog hybrid declared vicious by a Municipal Court pursuant to Section 6 of P.L.1989, c. 307 (C.4:19-22).

In the event the Municipal Court shall declare a dog vicious or potentially dangerous, the owner shall be required to comply with the following conditions:

(1)

To apply, at his own expense, to the Municipal Clerk or other official designated to license dogs pursuant to Section 2 of P.L. 1941 c. 151 (C.4:19-15.2), for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to Section 14 of this act. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number, and red identification tag;

(2)

To display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from fifty (50) feet of the enclosure required pursuant to paragraph (3) of this subsection;

(3)

To immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained, which has sound sides, top and bottom, to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six (6) feet in height separated by at least three (3) feet from the con-fined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or other person. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the Animal Control Officer and having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three (3) feet from the owner and under the direct supervision of the owner;

(4)

To maintain liability insurance in an amount determined by the Municipal Court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy shall contain a provision requiring the municipality in which the owner resides to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

Potentially dangerous dog owners shall:

(1)

Comply with the provisions of P.L. 1989, c. 307 (C.4:19-17 et seq.) in accordance with a schedule established by the Municipal Court, but in no case more than sixty (60) days subsequent to the date of determination;

(2)

Notify the licensing authority, local Police Department or force and the Animal Control Officer if a potentially dangerous dog is at large, or has attacked a human being or killed a domestic animal;

(3)

Notify the licensing authority, local Police Department or force and the Animal Control Officer within twenty-four (24) hours of the death, sale or donation of a potentially dangerous dog;

(4)

Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous;

(5)

Upon the sale or donation of the dog to a person residing in a different municipality, notify the department and the licensing authority, Police Department or force, and Animal Control Officer of that municipality of the transfer of ownership and name, address and telephone number of the new owner; and

(6)

In addition to any license fee required pursuant to Section 3 of P.L. 1941, c. 151 (C.4:19-15.3), pay a potentially dangerous dog license fee to the municipality as provided by Section 4-21E of this chapter.

Potentially dangerous dogs, as declared by the Municipal Court, shall require the Township to:

(1)

Issue a potentially dangerous dog registration number and red identification tag along with a municipal potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he has complied with the court's orders. The last three (3) digits of each potentially dangerous dog registration number issued by a municipality will be the three (3) number code assigned to that municipality in the regulations promulgated pursuant to Section 17 of P.L.1989. c.307 (C.4:19-33). The Animal Control Officer shall verify, in writing, compliance to the Municipal Clerk or other official designated to license dogs in the municipality.

(2)

Publicize a telephone number for reporting violations of this act. This telephone shall be forwarded to the Department and any changes in this number shall be reported immediately to the Department.

(3)

The Animal Control Officer shall inspect the enclosure and owner's property at least monthly to determine continuing compliance with Section 4-21 B(2) and (3).

The annual license fee and each renewal thereof, for a potentially dangerous dog shall be seven hundred dollars ($700)

The owner of the dog, or the Animal Control Officer in the municipality in which the dog was impounded, may appeal any final decision, order, or judgment, including any conditions attached thereto, of a Municipal Court pursuant to P.L. 1989, c. 307 (C.4:19-17 et seq.) by filing an appeal with the Superior Court, Law Division, in accordance with the Rules Governing The Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction.

If a dog is declared vicious or potentially dangerous, and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the municipality in which the dog is impounded for the costs and expenses of impounding and destroying the dog. The municipality may establish by ordinance a schedule of these costs and expenses. The owner shall incur the expense of impounding the dog in a facility other than the municipal pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous. If the dog has bitten or exposed a person within ten (10) days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.

The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this act, or any rule or regulations adopted pursuant thereto, or to have failed to comply with a court's order shall be subject to a fine of not more than one thousand dollars ($1,000) per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The Municipal Court shall have jurisdiction to enforce this section. An animal control officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of P.L. 1989 c.307 (C.4:19-17 et seq.), or any ordinance, rule or regulation adopted pursuant thereto, or a court's order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.

§ 4-22 Municipal Humane Law Enforcement Officer.

(Ord. #2006-22, § 1; Ord. No. 2018-07)

Position created. There is hereby created the position of Municipal Humane Law Enforcement Officer

Appointment and Term of Office. The Municipal Humane Law Enforcement Officer shall be appointed by the governing body and serve at the pleasure of the governing body for a term of one (1) year, commencing January 1^st and expiring December 31^st of each year.

Duties. The duties of the position of Municipal Humane Law Enforcement Officer shall include but not be limited to the following:

(1)

Enforce all laws and ordinances enacted for the protection of animals, including but not limited to animal control, animal welfare and animal cruelty laws of the state and local ordinances.

(2)

Conduct investigations and initiate and prosecute complaints and/or violations of animal control, animal welfare or animal cruelty laws of the State of New Jersey, as well as local ordinances.

(3)

Engage in the apprehension and arrest and detection of offenders who have violated animal control, animal welfare and animal cruelty laws of the state as well as local ordinances.

Qualifications. A person must possess the following to be appointed to the position of Municipal Humane Law Enforcement Officer:

(1)

Animal Control Officer Certification from the Commissioner of Health pursuant to subsection b of Section 3 of P.L. 1983, c. 525 (N.J.S.A. 4:19-15.16a).

(2)

The approval and recommendation of the Chief Law Enforcement Officer of the Township of Plumsted in accordance with N.J.S.A. 4:19-15.16 et seq.