[Adopted 10-26-2006 by Ord. No. 22-2006]
As used in this article, the following terms shall have the meaning indicated:
- Material to provide a bed for dogs.
- A person who takes care of the house or land of an owner who may be absent and is responsible for the keeping of the dog.
- A covered and protected domicile for a dog.
- Any structure used to restrict a dog or dogs to a limited amount of space, such as a pen, run, cage or compartment.
- Any person in immediate physical charge of a dog.
- Any establishment wherein or whereupon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a retail pet store.
- When applied to proprietorship of a dog, means every person having the right of property in that dog and every person who has that dog in his or her keeping.
- An enclosure for dogs.
- RETAIL PET STORE
- Any place of business that is not part of a kennel wherein animals, including but not limited to dogs, cats, birds, fish, reptiles, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.
- Any establishment for the confinement of dogs or other animals seized under the provisions of N.J.S.A. 4:19 -15.16 or otherwise.
- Any establishment where dogs or other animals are received, housed and distributed.
Owners, caretakers, guardians or handlers of dogs will exercise diligence and reasonable care to prevent said dogs from leaving their premises regardless of whether their premises is owned, leased or rented. Restraint exists when the dog is:
Enclosed and properly provided for pursuant to N.J.S.A. 4:22-17 within a house, building, etc.
Pens or other enclosures for each dog must be a minimum of four feet in height, with square footage as follows:
The pens or other enclosures shall include a soundly constructed, safely positioned and properly maintained doghouse.
Doghouses shall contain bedding, such as straw or other absorbent material, in a sufficient quantity to provide adequate insulation for the house. Bedding shall be maintained in a dry condition and renewed or changed as necessary.
Owners, caretakers, guardians or handlers of dogs will exercise diligence and reasonable care to keep dogs under restraint. In circumstances in which the dogs are not located on premises owned, leased or rented by the caretakers, guardians, or handlers, dogs must be handled in a humane manner pursuant to N.J.S.A. 4:22-17.
Owners, caretakers, guardians or handlers of dogs may attempt to prevent said dogs from leaving the premises by installing an invisible fence. Owners, caretakers, guardians or handlers of dogs are responsible for the maintenance of the invisible fences and shall exercise diligence to keep the fence in proper working order.
Kennels, pet shops, shelters and pounds shall comply with the provisions of applicable state statutes and administrative regulations.
Dogs must be able to move freely when chained or tethered and shall be so confined for a period no greater than six hours within a twenty-four hour period. The size of the tether or chain must be a minimum of 15 linear feet and shall remain tangle free. Dogs must be equipped with properly fitted harness or buckle-type collars. The tether or chain shall be constructed of lightweight cable. A doghouse shall be accessible to dogs that are chained or tethered.
No animal shall remain outdoors, tethered, untethered or penned in temperatures below 32° F. or above 90° F. for extended periods.
In no instance shall an animal less than six months old be left outside for an extended period of time.
No owner, caretaker, guardian or handler shall withhold proper shelter, protection from weather, veterinary care and immune care to any animal. No owner, caretaker, guardian or handler shall fail to provide his or her animal with sufficient food and drinkable water on a daily basis. Food and water must be in an animal-food-consumption or water-consumption type container, feeder or waterer.
No animal shall be subjected to unnecessary suffering and cruelty, such as subjecting the animal to prolonged fear, injury, pain or physical abuse. Interaction with humans and other animals shall not be unreasonably withheld.
Any violations of this section, in addition to other methods of enforcement provided by law, may be enforced by the issuance of a notice of violation by members of the Egg Harbor City Police Department, Egg Harbor City Code Enforcement Officer, Egg Harbor City Animal Control Officer and/or the Egg Harbor City Clerk.
Any operator of a motor vehicle who accidentally strikes a dog or cat shall stop and render such assistance to the dog or cat as may be reasonably possible, provided it could be accomplished safely and without danger to the motorist, pedestrians or other motorists.
The operator of a motor vehicle involved in such an accident shall promptly report such injury or death to the appropriate law enforcement agency.
At all times when a resident attempts to obtain a license for a dog, a copy of Part 6 of this chapter and all amendments shall be made available to said resident.
Enforcement of all sections within this article shall be commenced by the filing of a complaint with the Municipal Court of the City of Egg Harbor.
Any person found guilty of a violation of Part 6 of this chapter by the Municipal Court of the City of Egg Harbor shall be subject to a fine not to exceed $500 or imprisonment not to exceed 90 days, or both; provided, however, that the Court shall waive or suspend any fine if the Court determines it is appropriate to do so. Furthermore, the Court may order restitution be paid to any agency that incurs expenses related to the investigation and prosecution of any offender of this article.