Editor's Note: Prior ordinances codified herein include
portions of Ordinance Nos. 8, 67, 109, 348, 394, 417, 428, 467, 494
and 584.
For the purpose of this chapter, the following definitions shall
apply:
a.
ANIMAL CONTROL OFFICER - Shall mean any person or agency authorized
by the Borough of Union Beach to provide animal control services.
b.
DOG - Shall mean any dog, bitch or spayed bitch.
c.
DOG OF LICENSING AGE - Shall mean any dog which has attained the
age of seven months or which possesses a set of permanent teeth.
d.
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.
e.
LICENSING AUTHORITY - Shall mean the agency or department of the
Borough of Union Beach, or any designated representative thereof,
charged with administering the issuance and/or revocation of permits
and licenses under the provisions of this chapter.
f.
NEUTERED - Shall mean a dog or other animal which has been rendered
permanently incapable of reproduction as certified by a licensed veterinarian.
g.
OWNER WHEN APPLIED TO THE PROPRIETORSHIP OF A DOG OR OTHER ANIMAL
- Shall include every person having a right of property in such dog
or animal and every person who has such dog or animal in his or her
care, custody or control.
h.
PET SHOP - Shall mean any room or group of rooms, cage or exhibition
pen, not part of a kennel, wherein dogs for sale are kept or displayed.
i.
POTENTIALLY DANGEROUS DOG - Shall mean, but is not limited to, any
dog or dog hybrid declared to be potentially dangerous and/or vicious
by a panel convened by the chief law enforcement officer or municipal
health officer pursuant to the provisions of N.J.S.A. 4:19-21, and
is found to be either potentially dangerous or vicious in accordance
with state law.
j.
POUND - Shall mean an establishment for the confinement of animals
including but not limited to dogs, seized either under the provisions
of this act or otherwise.
k.
SHELTER - Shall mean any establishment where dogs are received, housed
and distributed.
Every person who owns, harbors or possesses one or more dogs
which have attained licensing age, which is defined as a dog of the
age of seven months or which possesses permanent set(s) of teeth shall
procure a yearly license for each such dog.
No owner is allowed to have any more than three dogs.
a.
Time for Applying for License. The owner of any newly-acquired dog
of licensing age or of any dog which attains licensing age, shall
make application for license and registration tag for such dog within
10 days after such acquisition or age attainment, and every person
who harbors or possesses any dog for a period of 10 or more days shall,
for purposes of this chapter, be deemed to be the owner of the dog
so harbored and possessed.
b.
Every dog shall bear evidence of such license at all times, in accordance
with the law of the State of New Jersey. The annual fee for the license
of a nonpotentially dangerous dog shall be $7, for each dog which
has been spayed or neutered. In addition thereto there shall be a
$3 surcharge on all licenses issued for nonspayed or nonneutered dogs.
c.
A person applying for a potentially dangerous dog license shall pay
to the borough the sum of $700 for the licensing of each dog, pursuant
to N.J.S.A. 4:19-31, as well as the additional sums fixed under N.J.S.A.
4:19-15.3. The fees collected under this provision shall be deposited
in a special account as required by N.J.S.A. 4:19-35, to be used by
the Borough of Union Beach to administer and enforce the provisions
of N.J.S.A. 4:19-17 through 37, which govern the regulation of potentially
dangerous or vicious dogs.
d.
Dogs used as guides for blind persons and commonly known as "seeing-eye"
dogs, dogs used to assist handicapped persons or which are commonly
known as "service" dogs, or dogs used to assist deaf persons and commonly
known as "hearing ear" dogs, shall be licensed and registered as other
dogs herein above provided for, except that the owner or keeper of
such dog shall not be required to pay any fee, as per the provisions
of N.J.S.A. 4:19-15-31.
e.
The licenses shall be issued by the board of health of the borough.
The licenses, registration tags and the renewals thereof shall expire
on the last day of January each year. In addition to the annual fee
for license, there shall be a late charge of $10 assessed against
the owner of any dog not licensed after January 31. Each and every
dog shall be required to be vaccinated for protection against rabies.
Evidence of such vaccination shall be presented upon applying for
the license and registration tags.
f.
A numbered metal tag shall be issued along with the license, which
the owner shall securely affix or fasten to a strap or collar to be
worn about the neck of the dog so licensed; and which tag shall have
stamped thereon the words, "Licensed Dog, Union Beach, N.J." with
the year for which issued. Substitute tags shall be issued only upon
satisfactory proof in writing by the owner or a member of the household
above the age of 14 years, to the secretary of the Board of Health
of the loss of the original tag and on payment to the Secretary of
the Board of Health, of the sum of $1.
No kennels, shelters, or pounds are allowed in the Borough of
Union Beach. The annual license fee for a pet shop shall be $50.
a.
No dog shall run at large at any time in the borough.
b.
No animals allowed to run at large on the beachfront or walkway.
c.
Any dog off the premises of the person owning, keeping, or harboring
it shall be accompanied by a person who is capable of controlling
it and who has the dog securely confined and controlled by an adequate
leash not more than six feet long.
d.
No person owning or having the care, custody or control of any dog
shall permit the dog to soil or defile, or to commit any nuisance
upon any sidewalk, in or upon any public property, or in or upon the
property of persons other than the owner or person having the care,
custody or control of the dog.
e.
Removal by Owner. Any person owning or in charge of any animal which
soils, defiles, defecates on, or commits any nuisance on any common
thoroughfare, sidewalk, passageway, bypath, play area, park, or any
place where people congregate or walk, or upon any public property
whatsoever, or upon any private property, without the permission of
the owner of the property, shall immediately remove in a sanitary
manner all feces deposited by any such animal.
f.
In no instance shall any feces deposited by any such animal create
a nuisance as defined by the Public Health Nuisance Code as adopted
by the Borough of Union Beach.
g.
In no instance shall any feces deposited by any such animal upon
the property of the owner of such animal remain for a period of greater
than 24 hours.
h.
Disposal. The feces removed from the aforementioned designated areas
shall be disposed of by the person owning or in charge of any animal
in a sealed, nonabsorbent, leak proof container.
i.
No person owning or having the care, custody or control of any dog
shall suffer or permit it to soil or defile, or to do any injury or
damage to any lawn, shrubbery, flowers, ground, trees or any property
of persons other than the owner or person having care, custody or
control of the dog.
j.
No person shall keep, harbor or maintain any dog which habitually
barks or cries so as to disturb the public peace.
k.
The owner or custodian of any dog shall be responsible for any damage
done by the dog.
If a dog or other animal bites a person, or another animal within
the Borough of Union Beach, it shall be reported to the health officer
pursuant to N.J.S.A. 26:4-78 et seq. The health officer shall then
order a period of quarantine or other action pursuant with N.J.S.A.
26:4-78 et seq.
The ACO or any other person appointed for the purpose shall
take into custody and impound, destroy or dispose of as provided in
this section:
a.
Any dog running at large in the borough;
b.
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
and not controlled by a leash as provided in this section;
c.
Any female in season off the premises of the owner or of the person
keeping or harboring said dog;
d.
When any dog so seized has been detained for seven days after seizure,
when notice cannot be given in accordance with the laws of the State
of New Jersey, and if the owner or person keeping or harboring the
dog has not claimed the dog and paid all expenses incurred by reason
of a seizure and detention, and if the dog be 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 said dog, the
ACO, or other designated authority, may cause the dog to be destroyed
in manner as specified by N.J.S.A. 4:22-19(b).
Any person who violates any provisions of this chapter shall
be liable to a penalty of $20 for the first offense, $35 for the second
offense, $50 for the third offense, $65 for the fourth offense, thereafter,
for each additional offense the sum of $15 shall be added, and upon
failure to pay the fine and the costs and charges incident thereto
may be imprisoned in the county jail for a period not exceeding 10
days in the case of the first conviction, and in the case of a conviction
for a second subsequent or continuing violation, for a period not
exceeding 30 days.
