[1982 Code § 70-1; Ord. #82; Ord. #06-1184; Ord.
#R-07-1207: Ord. #09-1267]
No person owning, keeping or harboring any dog shall suffer
or permit it to run at large upon the streets, in any public park,
in any public building or in any other public place within the Borough
except as provided herein.
Notwithstanding anything to the contrary above, persons may
suffer or permit a dog to run at large only in designated areas within
the Dog Park of the Borough of Tinton Falls located at West Park Avenue,
or such other Dog Park so designated as a free-roaming area for dogs
but only upon the terms and condition, rules and regulations as set
forth by the appropriate municipal authorities for the conduct of
dogs within said areas and as may be posted therein by the Department
of Public Works.
A violation of any such term, condition, rule or regulation
so posted shall constitute a violation of this subsection.
[1982 Code § 70-2; Ord. #82; Ord. #09-1267]
No person owning, keeping or harboring any dog shall suffer
or permit it to be upon the streets or in any of the public places
of the Borough, including public parks and open space areas, unless
such dog is accompanied by a person and is securely confined and controlled
by an adequate leash not more than six feet long. Dogs will be prohibited
from designated sports fields within the public parks of the Borough
of Tinton Falls but may be permitted subject to the above conditions
and rules and regulations within the public parks and open space areas
owned and maintained by the Borough of Tinton Falls.
[1982 Code § 70-3; Ord. #82; Ord. #259]
No person owning, keeping, harboring or having control or custody
of any dog shall suffer or permit it to go on private property not
his own.
[1982 Code § 70-5; Ord. #82]
No person shall keep, harbor or maintain any dog which habitually
barks or cries.
[1982 Code § 70-4; Ord. #82; Ord. #259; Ord. #503;
Ord. #556; Ord. #609; Ord. #626; Ord. #90-721; Ord.
No. 2016-1401]
a.
Any person who shall own, keep or harbor a dog of license age, which
shall mean any dog which has attained the age of seven months or which
possesses a set of permanent teeth, shall apply for and procure a
dog license from the Borough of Tinton Falls Police Department.
b.
Each dog so licensed shall carry a dog tag bearing evidence of such
license at all times in accordance with the laws of the State of New
Jersey.
c.
The annual license and registration fee, or for each annual renewal,
shall be $8.80 for each dog. The fee for a three-year license or each
three-year renewal shall be $26.40 for each dog.
d.
In addition, there shall be a fee of $3 annually, or $9 for a three-year
license, for any dog of reproductive age which has not had its reproductive
capacity permanently altered through sterilization. All dogs shall
be presumed to have reproductive capacity, unless a certificate is
delivered to the Police Department signed by a licensed veterinarian
of the State of New Jersey, or by such other individual or agency
as may be designated by any rules and regulations adopted by the Commissioner
of the State Department of Health.
e.
In addition, there shall be a fee of $0.20 annually, or $0.60 for
a three-year license, which shall be forwarded to the State Treasurer
to be placed in the Pilot Clinic Fund to be used by the Commissioner
of the State Department of Health in accordance with the laws of the
State of New Jersey.
f.
In addition, there shall be a fee of $1 annually, or $3 for a three-year
license, which is required to be collected for each dog for which
a license is sought pursuant to the provisions of N.J.S.A. 4:19-15.3.
g.
Dogs used as guides for blind persons and commonly known as "seeing
eye" dogs, dogs used to assist handicapped persons and commonly known
as "service dogs" and dogs used to assist deaf persons and commonly
known as "hearing ear" dogs shall be licensed and registered as other
dogs hereinabove provided for, except that the owner or keeper of
such dog shall not be required to pay any fee.
h.
The owner of any dog, if the license tag is mislaid, stolen or lost,
may procure a replacement tag upon payment of an additional $1.
i.
Licenses, registration tags and renewals shall expire on the last
day of December in the year stated on the license.
j.
The owner of any dog who fails to renew its license on or before
January 31st of each year will be charged a late fee in the amount
of $5.
[1982 Code § 70-6; Ord. #82; Ord. #90-721]
In addition to the Department of Public Safety, the Borough
Council shall have the power to approve a contract with one or more
persons for the exercise of the duty of Dogcatcher, Dog Warden or
Poundmaster to enforce the provisions of this chapter.
[1982 Code § 70-7; Ord. #82; Ord. #503; Ord. #90-721]
Each and every person violating any of the provisions of this
section shall, upon conviction thereof, forfeit and pay a fine of
not less than $20 and not more than $50 or be imprisoned in the County
Jail for not more than 10 days, or both, in the discretion of the
Judge.
[1982 Code § 70-8; Ord. #342; Ord. #90-721 AII]
The Borough Council, recognizing that under the terms of N.J.S.A.
40:48-1 the Borough has the right, under its general powers, to adopt
and enforce ordinances to establish and regulate dog pounds and, under
the terms of N.J.S.A. 40:48-2, has the right under its police power
to adopt and enforce ordinances for the preservation of the public
health, safety and welfare of the municipality and its inhabitants;
and being familiar with Title 4 of the New Jersey Statutes dealing
with the control of dogs and dog pounds; and being cognizant of the
rules and regulations which govern kennels, pet shops, shelters and
pounds; and to minimize the occasion for nuisances to the citizens
and being concerned for the proper handling of any dogs or other animals
which may be impounded within, enclosed or housed at a dog pound operating
in this Borough; and pursuant to New Jersey State Department of Health
regulations N.J.A.C. 8:23-3.1 and following, which recognizes and
acknowledges the right to establish rules, regulations and ordinances
regarding dog pounds by the Borough Council of the municipality wherein
they are located; and being of the opinion that an ordinance to meet
local conditions is necessary, hereby acts.
[1982 Code § 70-9; Ord. #342; Ord. #90-721 AII]
All references to "pound" or "dog pound" in this section shall
be pursuant to the definition of pound set forth in N.J.S.A. 4:19-15.1
and as defined in the rules and regulations promulgated and enforced
by the New Jersey State Department of Health and set forth in the
New Jersey Administrative Code, N.J.A.C. 8:23-3.1 and following, as
amended and supplemented.
[1982 Code § 70-10; Ord. #342; Ord. #90-721 AII]
Any dog pound established in this Borough is required to be
located upon property consisting of not less than 10 acres of contiguous
lands.
[1982 Code § 70-11; Ord. #342; Ord. #90-721 AII]
A dog pound shall be required to maintain a minimum distance
of not less than 300 feet between any enclosure in which dogs are
located and the nearest property line.
[1982 Code § 70-12; Ord. #342; Ord. #90-721, AII]
In any dog pound, any building or enclosures in which dogs are
located shall be located not less than 100 feet from any public street
or highway adjacent to the pound property.
[1982 Code § 70-13; Ord. #342; Ord. #90-721 AII]
The entire perimeter of the premises occupied by the dog pound
operation shall be fenced with chain-link-type fencing not less than
six feet high, which fence shall be so constructed as to prevent the
escaping of dogs or other animals from the pound premises and to prevent
trespassing upon any part of the pound property by children or other
persons or animals.
[1982 Code § 70-14; Ord. #342; Ord. #90-721 AII]
In any dog pound in this Borough, there shall be a person or
persons employed by the pound operator on the premises and responsible
for the pound's operation and 24 hours per day, each and every day
of the year.
[1982 Code § 70-15; Ord. #342; Ord. #90-721 AII]
In any pound operation in this Borough, there shall be provided
one indoor garage space for each motor vehicle used in any phase of
the pound operation for the transportation of dogs. Each vehicle used
for the transportation of dogs or other animals shall be garaged,
when not otherwise in use, within the garage space provided for under
the terms of this section.
[1982 Code § 70-16; Ord. #342; Ord. #90-721 AII]
In any pound operation in this Borough, there shall be required
sufficient indoor storage for all machinery, equipment and supplies
used in any part of the pound operation. No outside storage of machinery,
equipment or supplies shall be permitted.
[1982 Code § 70-17; Ord. #342; Ord. #90-721, AII]
In any pound operation in this Borough, there shall be provided
a minimum of one parking space, not less than 10 feet by 20 feet in
size and properly marked with traffic lines, for each 200 square feet
of floor area in any building used in the pound operation. For the
purposes of this subsection, the term "building" shall include office
space, indoor enclosures for dogs, garage space and indoor storage
space.
[1982 Code § 70-18; Ord. #342; Ord. #90-721 AII]
In any dog pound operation in this Borough at which it is the
intention or practice of the pound operator to dispose of any animals
by any of the accepted methods of euthanasia set forth in N.J.A.C.
8:23-3.10, the pound operator shall provide for proper disposal of
the animal remains off the premises upon which the pound is operated.
No incineration or burial or other means of disposal of animal remains
shall be permitted upon any part of the pound premises.
[1982 Code § 70-19; Ord. #342; Ord. #90-721 AII]
Any pound operation established in the Borough shall be subject
to all zoning, planning, site plan and other applicable ordinances
and requirements of the appropriate agencies of the Borough. Specifically,
in addition, it is the intention of this section that any pound operation
be constructed in such a manner that naturally wooded areas be preserved
and that appropriate plantings of trees and shrubs be required so
as to effectively create buffer areas and screening between the pound
operation and other uses or properties in this Borough.
[1982 Code § 70-20; Ord. #342; Ord. #90-721 AII]
All initial applications for licenses and applications for renewal of same shall be made to the Administrator on the appropriate forms provided by him. Upon satisfactory compliance with this section and upon filing of proof of compliance with any necessary additional approvals required pursuant to subsection 8-2.12 and any other applicable laws and regulations, the Administrator shall issue the license, pursuant to N.J.S.A. 4:19-15.8 and following.
[1982 Code § 70-21; Ord. #342; Ord. #90-721 AII]
Any owner, operator or tenant of a dog pound established in
this Borough who makes and retains records in accordance with N.J.A.C.
8:23-3.1 and following shall, in addition thereto, report to the Administrator
the making of any contract to provide pound services to another municipality
or any County within 10 days of the making thereof and shall file
a copy of the contract with the official at that time.
[1982 Code § 70-22; Ord. #342; Ord. #90-721 AII]
In any dog pound established in this Borough, the owner, operator,
tenant or employee or agent of any of them, as the case may be, in
addition to the requirement of conforming to all of the other provisions
of this section, shall conform to N.J.A.C. 8:23-3.1 and following,
as amended and supplemented. These N.J.A.C. regulations are incorporated
by reference so that any violation of N.J.A.C. 8:23-3.1 et seq. shall
be subject to the penalties set forth in N.J.S.A. 4:19-15.19.
[1982 Code § 70-23, Ord. #342; Ord. #90-721 AII]
For any and every violations of the provisions of this section, with the exception of violations of subsection 8-2.15, the owner, pound operator, contractor or any employee or any of them or other persons having an interest as tenant or occupant or otherwise in any portion of the premises or land where such violation has been committed or shall exist shall, for each and every violation, be liable upon conviction to the penalty stated in Chapter 1, Section 1-5. Each and every day that such violation continues shall be considered as a separate and specific violation of this section and not as a continuing offense. In addition to remedy or remedies hereinbefore provided, any person, persons, company or corporation violating this section or any provision or section thereof may be proceeded against on behalf of the Borough by appropriate action or by proceeding in the proper tribunal or otherwise to prevent and enjoin any threatened violation or existing violation or any continuing violation of this section.
[Ord. #90-735, § 1; Ord. #05-1174, §§ 1,
5]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in Borough of Tinton Falls,
so as to protect public health, safety and welfare of all those frequenting
this municipality, by preventing the needless health hazards and nuisances
caused by pet feces upon public and private property located within
the Borough of Tinton Falls and to prescribe penalties for failure
to comply.
[Ord. #90-735, § 1; Ord. #05-1174, § 5]
No person owning or in charge of any pet shall cause or allow
such pet to soil, defile, defecate upon, or commit any nuisance upon
any private property, without the permission of the owner of said
property. Any person owning a pet which soils, defiles, defecates
or commits any such nuisance shall immediately remove all feces deposited
by any such pet in a sanitary manner.
[Ord. #90-735, § 1; Ord. #05-1174, § 5]
No person owning or in charge of any pet shall cause or allow
such pet to soil, defile, defecate upon, or commit any nuisance on
any common thoroughfare, park, sidewalk, passageway, or any place
where people congregate or walk, or upon any public property. Any
person owning a pet which soils, defecates or commits any such nuisance
shall immediately remove all feces deposited by any such pet in a
sanitary manner.
[Ord. #90-735, § 1; Ord. #05-1174, § 5]
No person shall permit the accumulation of pet feces upon his
own property or property occupied by him to the extent that the odor
may be noticeable to any adjoining property owners.
[Ord. #90-735, § 1; Ord. #05-1174, §§ 3,
5]
The feces removed from the aforementioned designated areas shall
be disposed of by the person owning or in charge of any such pet in
a sealed, nonabsorbent, leakproof container. Disposition in a sanitary
manner shall include taking the feces home for deposit, or wrapping
the feces and placing in a trash can. It shall not include burial,
or disposal by placement in a storm sewer, or placing unwrapped feces
in a trash can.
[Ord. #90-735, § 1]
[Ord. #90-735, § 1; Ord. #05-1174, § 4]
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. #90-735, § 1; Ord. #05-1174, § 6]
[Ord. #90-735, § 1]
In the event of a violation occurring on private property, a
complaint can only be filed by the owner of said property. In the
event of such a violation occurring on public property, thoroughfares,
walkways, or parks, a complaint can only be filed by any witness of
such act.
[Ord. #05-1174, § 2]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section 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.
[Ord. #06-1197]
As used in this section:
Shall mean a Certified Municipal Animal Control Officer as
defined in N.J.S.A. 4:19-15.1.
Shall mean the Department of Health.
Shall mean any dog or dog hybrid.
Shall mean any cat, dog or livestock other than poultry.
Shall mean any dog or dog hybrid declared potentially dangerous
by the Municipal Court pursuant to N.J.S.A. 4:19-23.
[Ord. #06-1197, § I]
a.
The Animal Control Officer shall seize and impound a dog when the
Officer has reasonable cause to believe that the dog:
1.
Attacked a person and caused death or serious bodily injury as defined
in N.J.S.A. 2C:11-1(b) to that person;
2.
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person
during an unprovoked attack and poses a serious threat of harm to
persons or domestic animals;
3.
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24
and N.J.S.A. 4:22-26; or
4.
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals, or the likeness
of persons or domestic animals.
b.
The dog shall be impounded until the final disposition as to whether
the dog is vicious or potentially dangerous. Subject to the approval
of the Municipal Health Officer, the dog may be impounded in a facility
or other structure agreeable to the owner.
[Ord. #06-1197, § II]
a.
The Animal Control Officer shall notify the Municipal Court and the
Municipal Health Officer immediately that he/she has seized and impounded
a dog pursuant to N.J.S.A. 4:19-19, or that he/she has reasonable
cause to believe that a dog has killed another domestic animal and
that a hearing is required. The Animal Control Officer shall, through
a reasonable effort, attempt to determine the identity of the owner
of any dog seized and impounded pursuant to N.J.S.A. 4:19-19. If its
owner cannot be identified within seven days, the dog may be humanely
destroyed.
b.
The Animal Control Officer shall, within three working days of the
determination of the identity of the owner of a dog seized and impounded
pursuant to N.J.S.A. 4:19-19, notify by certified mail, return receipt
requested, the owner concerning the seizure and impoundment, and that,
if the owner so requests, a hearing will be held to determine whether
the impounded dog is vicious or potentially dangerous. This notice
shall also require that within seven days, the owner return, by certified
mail or hand delivery, a signed statement indicating whether the owner
requests the hearing to be conducted or, if not, to relinquish ownership
of the dog, in which case the dog may be humanely destroyed. If the
owner cannot be notified by certified mail, return receipt requested,
or refuses to sign for the certified letter, or does not reply to
the certified letter with a signed statement within seven days of
receipt, the dog may be humanely destroyed.
[Ord. #06-1197, § III]
Notwithstanding any provision in N.J.S.A. 4:19-17 et seq. to
the contrary, the Borough and the owner of the dog may settle and
dispose of the matter at any time in such manner and according to
such terms and conditions as may be mutually agreed upon. Notwithstanding
any provision of N.J.S.A. 4:19-19 to the contrary, neither the Borough
nor any of its employees shall be liable by virtue of having entered
into any settlement agreement pursuant to this action, or for any
action of inaction related to the entry to such agreement, for any
injuries or for any damages caused thereafter by the dog. The Borough
may, as a condition of the settlement agreement, also require that
the owner of the dog hold the Borough harmless for any legal expenses
or fees the Borough may incur in defending against any cause of action
brought against the Borough Notwithstanding the prohibition against
such causes of action set forth in this action.
[Ord. #06-1197, § IV]
a.
The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
1.
Has killed a person and/or has caused bodily injury as defined in
N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack, or poses
a serious threat of bodily injury or death to a person; or
2.
Has killed another domestic animal, and:
(a)
Poses a threat of serious bodily injury or death to a person;
or
(b)
Poses a threat of death to another domestic animal; or
(c)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals,
or the likeness of persons or domestic animals.
b.
A dog shall not be declared potentially dangerous for:
1.
Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person
if the dog was provoked; or
2.
Killing a domestic animal if the domestic animal was the aggressor.
For the purposes of paragraph b of this subsection, the municipality
shall bear the burden of proof to demonstrate that the dog was not
provoked.
[Ord. #06-1197, § V]
If the Municipal Court declares the dog to be potentially dangerous,
it shall issue an Order and a Schedule for Compliance, which, in part:
a.
Shall require the owner to comply with the following conditions:
1.
To apply at his own expense to the Borough Administrator or other official designated to license dogs pursuant to N.J.S.A. 4:19-15.2, for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to subsection 8-4.10 of this section. 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 50 feet of the enclosure required pursuant
to paragraph a3 herein.
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 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 feet in height separated
by at least three feet from the confined area. The owner of a potentially
dangerous dog shall securely lock the enclosure to prevent the entry
of the general public and to preclude and release or escape of a potentially
dangerous dog by any unsuspecting 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 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 feet from the owner while
under the direct supervision of the owner.
b.
May require the owner to maintain liability insurance in an amount
as may be determined by the Municipal Court to sufficiently 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 Borough of Tinton
Falls 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.
c.
Allow the Animal Control Officer to inspect the enclosure and the
owner's property at least monthly to determine continuing compliance
with this section and any Order of the Court or condition of any Settlement
Agreement which may be signed by the parties.
[Ord. #06-1197, § V]
The owner of the dog or the Animal Control Officer, may appeal
any final decision, order of judgment, including any conditions attached
thereto, of the Municipal Court pursuant to N.J.S.A. 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.
[Ord. #06-1197, § V]
a.
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 Borough for the costs and expenses of impounding
and destroying the dog. The owner shall incur the expense of impounding
the dog in a facility other than the municipal depository, regardless
of whether the dog is ultimately found to be potentially dangerous.
b.
If the dog has bitten or exposed a person within 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.
[Ord. #06-1197, § VI]
If the Municipal Court finds that the dog is not vicious or
potentially dangerous, the Municipal Court shall retain jurisdiction
to convene a hearing to determine whether the dog is vicious or potentially
dangerous for any subsequent actions of the dog.
[Ord. #06-1197, § VI]
The owner of a potentially dangerous dog shall:
a.
Comply with the provisions of N.J.S.A. 4:19-17 et seq. in accordance
with a schedule established by the Municipal Court, but in no case
more than 60 days subsequent to the date of determination.
b.
Notice the licensing authority, the Police Department and the Animal
Control Officer if a potentially dangerous dog is at large or has
attacked a human being or killed a domestic animal.
c.
Notify the Licensing Authority, the Police Department and the Animal
Control Officer within 24 hours of the death, sale or donation of
a potentially dangerous dog.
d.
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous.
e.
Upon the sale or donation of a dog to a person residing in a different
municipality, notify the licensing authority, Police Department and
Animal Control Officer of that municipality of the transfer of ownership
and the name, address and telephone of the new owner.
f.
In addition to any license fee required pursuant to N.J.S.A. 4:19-15.3,
pay a potentially dangerous dog license fee to the Borough as may
be provided by N.J.S.A. 4:19-31 and this section.
[Ord. #06-1197, § VII]
The owner of a potentially dangerous dog, who is found to have
violated this section or any rule or regulation adopted pursuant thereto,
or to have failed to comply with a Court's Order or settlement agreement
entered in a matter governed under this section shall be subject to
a fine of not more than $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. The Animal Control Officer is authorized to
seize and impound any potentially dangerous dog whose owner fails
to comply with the provisions of N.J.S.A. 4:19-17 et seq., or any
rule or regulation adopted pursuant thereto, or a Court's Order or
settlement agreement noted herein. The Municipal Court may order that
the dog so seized and impounded be destroyed in an expeditious and
humane manner.
[Ord. #06-1197, § VIII]
Upon notification of a determination by the Municipal Court
as to a potentially dangerous dog, the Borough Administrator or other
Municipal official charged with such licenses shall:
a.
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 order. The last
three digits of each potentially dangerous dog registration number
issued by the Borough will be a three number code assigned to the
Borough in the regulations promulgated pursuant to N.J.S.A. 4:19-33.
The Animal Control Officer shall verify, in writing, compliance to
the Borough Administrator.
b.
Publicize a telephone number for reporting violations of this section.
This telephone number shall be forwarded to the Department of Administration
and any changes in this number shall be reported immediately to the
Department of Administration.
[Ord. #06-1197, § IX]
Each person who shall own, possess, keep or harbor any potentially
dangerous dog or dogs shall obtain an annual license for each dog
and shall have the same registered and numbered with the Department
of Administration, and for such license shall pay the sum of $700,
as provided in N.J.S.A. 4:19-31, as a license fee for each and every
potentially dangerous dog and renewal thereof. Said license fee shall
be in lieu of any other license fee required pursuant to the Revised
General Ordinances of the Borough of Tinton Falls.
[Ord. #06-1197, § X]
The Animal Control Officer shall inspect the enclosure and the
owner's property of any potentially dangerous dog at least monthly
to determine continuing compliance with this section.
[Ord. #06-1197, § XI]
All fines and fees collected or received by the Borough pursuant
to this section shall be deposited in a special account and used by
the Borough to administer and enforce the provisions of this section.
[Ord. #06-1197, § XII]
The provisions of this section shall not apply to dogs used,
or being trained to be used, for legitimate public sector law enforcement
activities.
[Ord. No. 2019-1441]
Shall mean a cat that is unowned or loosely owned; community
cats are comprised of both strays and feral cats.
Shall mean any homeless, wild or untamed cat that is unsocialized
to humans and has a temperament of extreme fear of, and resistance
to, contact with humans.
Shall mean an individual or group of community cats that
congregate. Although not every cat in a colony may be feral, any non-feral
cats that routinely congregate with a colony shall be deemed to be
a part of it.
Shall mean disturbing the peace by:
Shall mean a lost or abandoned former pet which may be suitable
for home environments.
[Ord. No. 2019-1441]
It shall be unlawful for any person, other than caregivers approved
by and operating under a TNR Program established by the MCSPCA, to
feed any feral cats in any manner in the Borough, whether on private
or public property. This section shall apply to the feeding of feral
cats individually or in a feral cat colony, and also to the feeding
of stray cats and community cats.
[Ord. No. 2019-1441]
Notwithstanding the other requirements of this section, the
reporting and investigation of nuisance complaints under this section
shall be handled by and through the MCSPCA.
[Ord. No. 2019-1441]
The restrictions within this section shall apply to all persons
within the Borough, other than caregivers approved by and operating
under a TNR Program established by the MCSPCA.
a.
The establishment of a feral cat colony in any area of the Borough
is prohibited.
b.
No person may feed any community/feral/stray cat in any area of the
Borough.
c.
No person may bring a feral or community cat from another municipality
to create a feral cat colony within the Borough.
d.
No person shall purposely or knowingly leave or store any refuse,
garbage, food product, pet food, fruit or grain in a manner that would
constitute an attractant to any feral or community cat.
e.
A property owner shall be liable under this Section for any feeding
of community/feral/stray cats on the owner's property by any other
person, including but not limited to any tenant(s) in the property.
[Ord. No. 2019-1441]
In the event of a violation occurring on private property, a
complaint can only be filed by the owner of said property. In the
event of such a violation occurring on public property, thoroughfares,
walkways, or parks, a complaint can only be filed by any witness of
such act. All such complaints shall be handled by and through the
MCSPCA.
[Ord. No. 2019-1441]
Any person, firm or corporation who violates or neglects to
comply with any provision of this section or any rule, regulation
or directive promulgated pursuant thereto shall be subject to the
appropriate penalties established by and through the MCSPCA.
[Ord. No. 2019-1442 § 2]
Means an animal control center or an animal shelter, maintained
by or under contract with any state, county, or municipality, whose
mission and practice is, in whole or significant part, the rescue
and placement of animals in permanent homes or rescue organizations.
Means any not-for-profit organization which has tax-exempt
status under Section 501(c)(3) of the United States Internal Revenue
Code, whose mission and practice is, in whole or in significant part,
the rescue and placement of animals in permanent homes.
Means a member of the species of domestic cat, Felis catus.
Means a member of the species of domestic dog, Canis familiaris.
Means a retail establishment where dogs and cats are sold,
exchanged, bartered or offered for sale as pet animals to the general
public at retail. Such definition shall not include an animal care
facility or animal rescue organization, as defined.
Means a person who owns and/or operates a pet store.
[Ord. No. 2019-1442 § 2]
As set forth in Chapter 40, "Land Use Regulations," Appendix A ("District Use Regulations - Non-Residential Uses"), no pet shop shall sell, offer for sale, barter, auction, breed or otherwise improperly dispose of cats or dogs, or both, in the Borough. Nothing contained herein shall prohibit an animal care facility, animal rescue organization, shelter, pound or other establishment from keeping, displaying, selling or otherwise transferring any cat or dog, or both, that has been seized, rescued or donated.
[Ord. No. 2019-1442 § 2]
Any person, firm or corporation who violates or neglects to
comply with any provision of this section shall be subject to a fine
of not more than $2,000 for each separate offense, or incarceration
for a period of not more than 90 days, or community service for a
period of not more than 90 days, or any combination of fine, imprisonment
and/or community service, as determined at 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 subject
to penalties as provided herein for each separate offense. The violation
of any one or more provisions of this section shall be subject to
abatement summarily by a restraining order or by an injunction issued
by a court of competent jurisdiction.
[Added 10-19-2021 by Ord. No. 2021-1479]
This section establishes a temporary two-year pilot program
(the “Pilot Program”) to authorize the residents of Tinton
Falls to keep backyard chickens, subject to the terms and conditions
set forth herein.
[Added 10-19-2021 by Ord. No. 2021-1479]
a.
The following
shall be eligible to participate in this program: residents of single-family
homes with a minimum lot size of 1/2 acre.
b.
For purposes
of this section, no more than 25 licenses will be issued at $10 each,
on an annual basis.
c.
There shall
be a limit of four chickens per license during the Pilot Program,
unless the property and use is in accordance with Section 40-37B1
of this Code. Roosters are prohibited.
[Amended 9-19-2023 by Ord. No. 2023-1507]
[Added 10-19-2021 by Ord. No. 2021-1479]
a.
No person
shall keep chickens on their property without first obtaining a license
from the Municipal Clerk’s Office and paying the required fee.
No license shall be issued unless the applicant has demonstrated compliance
with all criteria set forth in the herein. Applicants who already
keep chickens shall be given priority in the licensing process.
b.
A nonrefundable
annual license fee of $10 shall be paid for each license issued for
participation annually. No more than one license may be issued per
household.
c.
Any applicant
wishing to keep chickens shall be required to complete a class on
the basics of raising backyard chickens. Proof of attendance must
be presented with the completed application. The Borough will provide
a class minimally once a year at a nominal fee. The handling of this
class will be the exclusive responsibility of the Chicken Advisory
Board. A member of the Chicken Advisory Board will review the application
with the applicant prior to submission.
[Added 10-19-2021 by Ord. No. 2021-1479]
Participant shall comply with the following regulations and
conditions for keeping and housing of chickens:
a.
The coop
shall be suitable in size to house the number of chickens subject
to this program and shall provide at least four square feet per chicken.
The coop shall have four walls, a floor, a roof, be moisture-proof
and well-ventilated with windows to admit sunlight. The maximum height
of the coop shall not exceed seven feet. The coop must be kept clean.
If water or electric is run to the coop, then permits from the building
department must be obtained.
b.
A run must
be attached to the coop and must also be at least 20 feet from the
habitable portion of the neighboring residential dwelling. The run
size must be at least eight square feet for each chicken.
c.
The coop
and run shall be located in the backyard, and shall be located no
closer than 20 feet from the windows and/or doors of the habitable
portion of the neighboring residential dwelling. Garages, attached
or otherwise, and accessory buildings shall not be considered a “residential
dwelling” for purposes of calculating the required distance.
A visual buffer shall be installed as needed.
d.
The coop
and enclosed run must be made predator-proof and must include construction
cloth.
e.
Clean water
must be provided, and food must be kept tightly closed in a metal
container away from the coop and run at night. Chicken feed must be
provided only inside the run, not outside and not in the coop.
f.
The yard
in the area where the coop is located shall be clean and free from
odors.
g.
Chickens
may temporarily “free range” outside of the coop in a
suitably contained area provided that an adult, age 18 or older, is
present in the yard the entire time. The property must be completely
fenced where chickens are allowed to be “free range.”
h.
All chickens
must be kept in the coop overnight.
i.
Waste will
be handled by the participant to prevent offensive odors and disposed
in an environmentally friendly manner.
j.
There shall
be no selling of eggs, unless the property and use is in accordance
with Section 40-37B1 of this Code.
[Amended 9-19-2023 by Ord. No. 2023-1507]
k.
There shall
be no slaughtering of chickens in the Borough.
[Added 10-19-2021 by Ord. No. 2021-1479]
a.
A Chicken
Advisory Board consisting of six members shall be formed, including
a Chair, Vice Chair and Secretary. All members shall serve a term
of two years. The members shall be appointed by the Borough Council.
The Board shall include at least one member of the Monmouth County
Society for the Prevention of Cruelty to Animals (MCSPCA). The Board
shall meet on a regular basis, at least once per month, and shall
keep minutes which shall be submitted along with a quarterly report
to the Liaison for Borough Council. These reports will include any
activities of the Board, as well as any complaints and resolutions
from residents concerning backyard chickens.
b.
If a complaint
is received by the Borough, it will be forwarded to the Chicken Advisory
Board for investigation by two members of the Board. If the Board
finds a violation of the regulations set forth in this section, solutions
will be discussed with the offending resident to allow them to meet
the requirements of the program as soon as possible. However, if after
14 days the violation has not been remedied, the Chicken Advisory
Board will notify the Council liaison so that code enforcement proceedings
can be implemented. Complaints involving rodents or animal mistreatment
shall be addressed immediately.
c.
The Chicken
Advisory Board shall be authorized to conduct a site visit to any
property with chickens under this chapter with at least 48 hours’
notice.
d.
The Chicken
Advisory Board will assist anyone who no longer desires to keep backyard
chickens with the relocation of their chickens.
e.
The Chicken
Advisory Board shall develop written procedures and practices for
the raising of chicks by licensees. No licensee shall raise chicks
until after such procedures and practices are issued. Any chick raising
shall be in compliance with such procedures and practices.
f.
The Borough
Council shall review and reevaluate the two-year Pilot Program at
the end of the term and determine whether the program shall continue
and/or be amended.
[Added 10-19-2021 by Ord. No. 2021-1479]
Failure to comply with the conditions and regulations set forth
in this section shall result in revocation of the license and the
removal and relocation of chickens. The applicant shall be notified
by certified mail of the license revocation. All chickens and coops
shall be removed within one week after receipt of such notice of revocation.
[Added 10-19-2021 by Ord. No. 2021-1479]
