[Ord. No. 402 § A1;
New]
As used in this chapter:
Shall mean a certified animal control officer or, in the
absence of such an officer, the chief law enforcement officer of the
Borough or his designee.
Shall mean the Borough of Mantoloking.
Means the State of New Jersey Department of Health.
Shall mean any dog, dog hybrid, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven (7)
months or which possesses a set of permanent teeth.
Shall mean any cat, dog, or livestock other than poultry.
Shall mean, when applied to the proprietorship of a dog,
every person having a right of property in such dog and every person
who has such dog in his keeping.
Shall mean an individual, firm, partnership, corporation
or association of persons.
Shall mean any dog or dog hybrid declared potentially dangerous
by a municipal court pursuant to N.J.S.A. 4:19-23.
Shall mean any dog or dog hybrid declared vicious by a municipal
court pursuant to N.J.S.A. 4:19-22.
[Ord. No. 402 § AII]
a.
Any person residing in the Borough who shall own, keep or harbor
a dog of licensing age shall, in the month of January, apply for and
procure from the Municipal Clerk a license and official metal registration
tag for each such dog so owned, kept or harbored, and shall place
upon each such dog a collar or harness with the registration tag securely
fastened thereto; provided, however, that in the event such a dog
shall be newly acquired, or in the event that after acquisition a
dog shall attain licensing age, the initial application for the license
and registration tag shall be made within ten (10) days after such
acquisition or age attainment.
b.
Any person who shall bring or cause to be brought into the Borough
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 Borough for a period of more than ninety (90) days,
shall immediately apply for a license and registration tag for each
such dog.
c.
Any person who shall bring or cause to be brought into the Borough
from another State any unlicensed dog and shall keep same or permit
the same to be kept within the Borough for a period of more than ten
(10) days shall immediately apply for a license and registration for
each such dog.
[Ord. No. 402 § AIII]
No license or official metal registration tag shall be issued
for any dog unless the owner thereof provides evidence that the dog
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 Health, Education and Welfare, or has been certified
as 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 or by such other veterinarian permitted
by law to do the same.
[Ord. No. 402 § AIV]
a.
The person applying for the license and registration tag shall pay the following fees: four ($4.00) dollars for license; one ($1.00) dollar for a registration tag; and twenty ($.20) cents Pilot Clinic Fund additional fee per dog. For each annual renewal, the fee for the license and registration tag shall be the same as for the original license and tag. The licenses and registration tags, and renewals thereof, shall expire on January 31st in each year. If application shall not be made within the time limited by subsection 5-2.1 or by law, there shall also be a late charge of one ($1.00) dollar for each month or fraction of a month which shall have elapsed between the time so limited and the making of the application.
b.
In addition to the fees for licensing and registration, any person
applying for a license and registration tag shall pay an additional
fee of three ($3.00) dollars for any dog of reproductive age which
has not had its reproductive capacity permanently altered through
sterilization. This fee shall be forwarded to the State Treasurer
for deposit in the Animal Population Control Fund.
c.
No license or registration tag shall be required in any licensing
year for any dog for which a license and registration tag for such
year has been issued by any other municipality in New Jersey. However,
no such dog license by any other municipality in New Jersey shall
be maintained within the Borough for a period of more than six (6)
days in any thirty (30) day period unless said dog has been registered
with the Borough Clerk by furnishing proof of a current license and
an adequate description of the dog to facilitate identification.
d.
Dogs used as guides for blind persons and commonly known as "seeing
eye" dogs shall be licensed and registered as other dogs, except that
the owner or keeper of such dog shall not be required to pay any fee
therefor.
e.
License forms and uniform metal registration tags designed by the
State Department of Health shall be furnished by the Borough and shall
be numbered serially and shall bear the year of issuance and the name
of the Borough.
[Ord. No. 402 § AV]
The application shall state the breed, sex, age, color and markings
of the dog for which the license and registration are sought; whether
such dog is of a long- or short-haired variety; and the name, street
and post office address of the owner and the person who shall keep
or harbor such dog. The information on the application and the registration
number issued for the dog shall be preserved for a period of three
(3) years by the Municipal Clerk. In addition, the Municipal Clerk
shall forward similar information to the State Department of Health
each month, on forms furnished by said Department. Registration numbers
shall be issued in the order of application.
[Ord. No. 402 § AVI]
No person, except an Officer 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.
[Ord. No. 402 § AVII]
No person or number of persons of the same family unit or household
shall keep or harbor within the Borough at any one time more than
three (3) dogs over ten (10) weeks of age.
[Ord. No. 402 § AXIII]
No person who owns, keeps or harbors any dog shall suffer or
permit such dog to bark,[1] howl or cry habitually in such manner as to constitute
a nuisance, or to bite or molest any person, or to chase any vehicle
upon a public street, or to injure or damage any lawn, shrubbery,
flowers, grounds or any property of any person other than its owner's,
or to behave in any way as to endanger person or property.
[Ord. No. 402 § AXVI]
a.
Removal of Dog Feces Required. No person owning, harboring, keeping
or in charge of any dog, shall cause, suffer or allow such dog to
soil, defile, defecate on or commit any nuisance on any private property
other than that owned or occupied by the owner of the dog, without
the permission of the owner of the property thereof, or on public
property except along the shoulder and within the curbline of the
public street. The person who allows such dog to soil, defecate on,
or defile any public property whatsoever, including the area along
the shoulder and within the curbline of the public street, or on private
property without the permission of the owner of the property thereof,
shall immediately remove, in a suitable container, all feces deposited
by such dog. The feces removed shall be disposed of in a sanitary
manner by the person owning, harboring, keeping or in charge of any
dog allowed to soil, defecate or defile in accordance with the provisions
of this subsection.
b.
Removal of Feces from Oceanfront Property. Notwithstanding the foregoing,
no person owning, harboring, keeping or in charge of any dog upon
any oceanfront lot owned or occupied by such person shall fail to
remove in the manner described above, any feces deposited by such
dog within the area fifty (50) feet westwardly from the mean highwater
line and parallel thereto. This provision is enacted in recognition
of the Public Trust Doctrine and in the public interest as an exercise
of the Police power.
c.
Container for Removal of Feces Required. Any person in charge of
or accompanying a dog in the Borough except on private property owned
or occupied by the owner of the dog shall have, in his or her immediate
possession, a container for removal of any feces which may be deposited
by the dog.
[Ord. No. 402 § AXIV; Ord. No. 422 § 1; Ord. No. 615]
a.
Unless otherwise permitted by this chapter, no person who owns, keeps
or harbors any dog shall suffer or permit such dog upon any premises,
public or private, other than those owned or occupied by such person
or upon which private premises the owner shall have a right of presence,
unless leashed and under the direct control of a responsible person.
b.
No dogs shall be permitted upon Borough-owned beaches or upon beaches
under Borough jurisdiction, i.e. lands below the mean highwater line
except, however:
1.
Leashed dogs when accompanied by a responsible person shall be permitted
on beaches between May 15th and October 1st, only between sunrise
and 8:00 a.m. and from 6:00 p.m. to sunset with the following exceptions:
(a)
(Reserved)
(b)
No dog shall be suffered or permitted to be in or upon the area
known as North Lagoon (adjacent to Bergen Avenue) between May 15th
and October 1st. This ban and prohibition shall and does extend to
and include the entire area from the northerly edge of the street
pavement to the water's edge and on the east and west by the
lines formed by the extension of the bulkheads, southerly, to the
points of intersection with the northerly edge of pavement.
2.
From October 2nd to May 14th dogs and other animals shall be permitted
upon beaches and access ways unleashed, but only when under the direct
and immediate control of a responsible person.
3.
An owner, tenant or occupant of oceanfront property shall not be
deemed in violation of this section at any time while in the act of
permitting his or her dog or other animal to transit from the lot
to or from the ocean abutting the upland lot. Owners, tenants or occupants
of private property (beaches) shall not be required to leash their
animals while on the owner's property.
4.
Dogs may be permitted to swim unleashed under the direct and immediate
control of a responsible person.
[Ord. No. 402 § AXII]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[Ord. No. 402 § AXI]
Any officer or agent authorized or empowered to perform any
duty under this chapter is hereby authorized to go upon any premises
to seize for impounding any dog or dogs which he may lawfully seize
and impound when such officer is in immediate pursuit of such dog
or dogs except upon the premises of the owner of the dog if the owner
is present and forbids the same.
[Ord. No. 402 § AIX]
The Board of Health is hereby appointed to annually cause a
canvass to be made of all dogs owned, kept and harbored within the
limits of the Borough and it shall report, on or before May 1st, to
the State Board of Health the result thereof, setting forth in separate
columns the names and addresses of persons owning, keeping or harboring
unlicensed dogs, the number of unlicensed dogs owned, kept or harbored
by each of said persons, together with a complete description of each
unlicensed dog(s).
[Ord. No. 402 § AVIII]
a.
License
fees and other moneys collected or received under the provisions of
this chapter with the exception of registration tag fees, Pilot Clinic
Fund fees, and Animal Population Control Fund fees, shall be forwarded
to the Chief Financial Officer within thirty (30) days after collection
or receipt and shall be placed in a special account separate from
any of the other accounts of the Borough and which shall be used for
the following purposes only: for collecting, keeping and disposing
of dogs liable to seizure under this chapter; for local prevention
and control of rabies; for providing anti-rabies treatment under the
direction of the Board of Health for any person known or suspected
to have been exposed to rabies; for all other purposes prescribed
by the Statutes of New Jersey governing the subject; and for administering
the provisions of this chapter. Any unexpended balance remaining in
such special account shall be retained therein until the end of the
third fiscal year following and may be used for any of the purposes
set forth in this section. 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 any
amount then in such account which is in excess of the total amount
paid into the special account during the last two (2) preceding fiscal
years.
b.
Registration
tag fees of one ($1.00) dollar per year shall be forwarded to the
State Department of Health by the Municipal Clerk within thirty (30)
days after collection.
c.
Pilot
Clinic Fund fees of twenty ($.20) cents shall be forwarded to the
State Treasurer to be placed in the "Pilot Clinic Fund" created pursuant
to N.J.S.A. 4:19A:14.
d.
Animal
Population Control Fund fees of three ($3.00) dollars shall be forwarded
to the State Treasurer for deposit in the "Animal Population Control
Fund" created pursuant to N.J.S.A. 4:19A-6.
[Ord. No. 402 § AX]
a.
The
Borough Council is authorized to enter into an agreement with a Certified
Animal Control Officer who shall take into custody and impound and
thereafter destroy or dispose of as provided in this section:
1.
Any dog off the premises of the owner or of the person keeping or
harboring the dog, which 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 the dog without a current registration tag on his collar.
3.
Any female dog in season off the premises of the owner or of the
person keeping or harboring the dog.
b.
If
any dog so seized wears a collar or harness having inscribed thereon
or attached thereto the name and address of any person or a registration
tag, or if the owner or the person keeping or harboring the dog is
known, the certified Animal Control Officer shall forthwith serve
on the person whose address is given on the collar, or on the owner
or the person keeping or harboring the dog, if known, a notice, in
writing, stating that the dog has been seized and will be liable to
be disposed of or destroyed 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 person on whom it is to be served,
or by leaving it at the person's usual or last known residence
or at the address given on the collar, or by forwarding it by post
in a prepaid envelope addressed to that person at his usual or last
known residence or to the address given on the collar.
c.
When
any dog that has been seized has been detained for seven (7) days
after notice has been given as above set forth, or has been detained
for seven (7) days after seizure when no notice has been given as
above set forth, and if the owner or person keeping or harboring the
dog has not claimed the dog and paid all expenses incurred by reason
of its detention, including maintenance fees, and if the dog is unlicensed
at the time of the seizure and the owner or person keeping or harboring
the dog has not produced a license and registration tag for this dog,
the certified Animal Control Officer may cause the dog to be destroyed
in a manner causing as little pain as possible. No dog or other animal
which has been caught, detained or procured, obtained, sent or brought
to a pound or shelter shall be sold or otherwise made available for
the purpose of experimentation.
d.
Any
person may redeem his dog upon payment to the Borough the sum of ten
($10.00) dollars as an ambulance fee, in addition to the maintenance
fee as set forth herein.
[Ord. No. 402 § AXVII]
a.
Any person who violates or who fails or refuses to comply with subsections 5-2.1; Section 5-3 or Section 5-7 of this chapter or the rules and regulations promulgated by the State Department of Health shall be subject to a penalty of not less than five ($5.00) dollars nor more than fifty ($50.00) dollars for each offense, to be recovered by and in the name of the Director of Health of the State of New Jersey or by and in the name of local Board of Health of the Borough or by and in the name of the Borough as the case may be, except that for the first offense in cases of violations of subsection 5-2.1, the penalty shall not be less than one ($1.00) dollar nor more that fifty ($50.00) dollars to be recovered in the same manner.
b.
Any person who violates or refuses to comply with every other regulation
of this chapter shall for each and every violation be subject to a
fine of not more than five hundred ($500.00) dollars at the discretion
of the court or judicial officer before whom a conviction may be had.
Each and every day that such violation continues shall be considered
a separate and specific violation of this chapter.
[Ord. No. 503 § I]
This section establishes requirements for the proper disposal
of pet solid waste in the Borough of Mantoloking, so as to protect
public health, safety and welfare, and to prescribe penalties for
failure to comply.
[Ord. No. 503 § II]
As used in this section:
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 treatment
and disposal.
[Ord. No. 503 § III]
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.
[Ord. No. 503 § IV]
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.
[Ord. No. 503 § V]
This section shall be enforced by the Police Department of the
Borough of Mantoloking.
[Ord. No. 503 § VI]
Any person who is found to be in violation of the provisions
of this section, upon conviction, shall be subject to a fine of not
less than twenty-five ($25.00) dollars or more than one hundred ($100.00)
dollars.
[Ord. No. 507 § I]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Mantoloking, so as to protect the public health,
safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 507 § II]
As used in this section:
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include the legal taking of
fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 507 § III]
No person shall feed, in any public park or on any other property
owned or operated by the Borough any wildlife, excluding confined
wildlife (for example, wildlife confined in zoos, parks or rehabilitation
centers, or unconfined wildlife at environmental education centers).
[Ord. No. 507 § V]
[Ord. No. 507 § VI]
Any person who continues to be in violation of the provisions
of this section after being duly notified shall be subject to a fine
of not less than twenty-five ($25.00) dollars or more than one hundred
($100.00) dollars.
