[Adopted 6-7-1982 by Ord. No. 11-1982 as Art. I of Ch. 98 of the 1982 Code]
This article shall be deemed to apply only to a dog which has attained the age of seven months or which possesses a set of permanent teeth.
As used in this article, the following terms shall have the meanings indicated:
DOG
Any male or female dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
[Added 11-3-1997 by Ord. No. 49-1997; amended 2-17-1999 by Ord. No. 6-1999]
OWNER
When applied to the proprietorship of a dog, includes every person having a right of property in such dog and every person who harbors or has such dog in his keeping.
Any person who shall own, keep or harbor a dog of licensing age in the city shall, in the month of January in each year, apply for and procure from the City 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.
The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall apply for a license and registration tag for such dog within 10 days after such acquisition or age attainment.
Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and a license and tag issued by any other municipality of this state shall be accepted by the city as evidence of compliance with §§ 90-3 and 90-7.
A. 
The application shall state the breed, sex, age, color and markings of the dog for which the license and registration are sought and whether it is of a long-haired 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.
B. 
The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the City Clerk. In addition, he shall forward to the State Department of Health each month, on forms furnished by said Department, an accurate account of registration numbers issued or otherwise disposed of. Registration numbers shall be issued in the order of the applications.
A. 
Except as otherwise provided in Subsection B of this section, the person applying for the license and registration tag shall pay to the City Clerk one of the following:
[Amended 11-3-1997 by Ord. No. 49-1997]
(1) 
Five dollars for each dog which has been spayed or neutered; $8 for each dog that is not spayed or neutered. Said licenses shall expire on the 31st day of January in each year.
(2) 
A late fee of $5 will be charged to each license purchased after March 31, with the exception of dogs who could not be licensed prior to March 31.
B. 
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" or 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 therefor.
[Amended 2-17-1999 by Ord. No. 6-1999]
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.
No dog, whether licensed or not, shall be permitted by its owner or keeper to run at large upon any of the sidewalks, streets or public places of the city at any time; provided, however, that the owner or keeper of a dog, his agent, servant or employee may permit his dog to be upon the sidewalks, streets, avenues, highways or alleys if such dog shall be led by a line, leash or chain fastened to the collar or harness upon such dog. The line, leash or chain shall be held by such owner or keeper or his agent, servant or employee in such manner that the dog shall be kept fully under control of such owner or keeper, or his agent, servant or employee so as to prevent the dog from biting persons upon the sidewalks, streets or public places and in such manner as to prevent said dog from causing damage or injury to property of any of the residents of this City.[1]
[1]
Editor's Note: Former § 98-10, Muzzling proclamation, which immediately followed this section, was repealed 11-3-1997 by Ord. No. 49-1997.
There shall be a Animal Control Officer appointed by the Council, whose duty it shall be to enforce the provisions of this article. He shall be paid an annual salary as determined by ordinance of the Council. Nothing contained in this section or in any other section of this article shall be construed as limiting the duty or authority of the Chief of Police and of the members of the Police Department to enforce the provisions of this article.[1]
[1]
Editor's Note: Former § 98-12, Deputy Dog Warden appointed, which immediately followed this section, was repealed 11-3-1997 by Ord. No. 49-1997.
[Amended 11-3-1997 by Ord. No. 49-1997; 2-17-1999 by Ord. No. 6-1999]
The City Clerk shall biennially cause a canvass to be made of all dogs owned, kept or harbored within the limits of the City. He/she shall report, on or before September 1 of each year, the results to the State Department of Health.
It shall be the duty of the Animal Control Officer to take into custody and impound or cause to be taken into custody and impounded and taken to a suitable facility or place determined by the Council, the following:
A. 
Any dog off the premises of the owner or of the person keeping or harboring said dog, which said Animal Control Officer has reason to believe is a stray dog.
B. 
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.
C. 
Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.
D. 
Any dog running at large in violation of § 90-9.
[Amended 8-1-2016 by Ord. No. 9-2016]
The provisions of N.J.S.A. 4:22-11-1 through N.J.S.A. 4:22-60 governing the prevention of cruelty to animals are incorporated herein by reference.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
TETHER
To restrain an animal by tying to any stationary object or structure, including but not limited to a house, tree, fence, post, garage or shed, by any means but not limited to a chain, rope, cord, leash, or pulley/running line, but shall not include the use of a leash when walking an animal.
B. 
Chaining or tethering of dogs.
(1) 
Dogs shall be able to move freely when tethered and shall be so confined for a period no greater than nine hours in a twenty-four-hour period. The size of the tether shall be a minimum of 15 linear feet and shall remain tangle-free. Dogs must be equipped with a properly fitted harness or buckle-type collar. The tether or chain shall be constructed of lightweight material, not weighing more than 1/16 of the animal's weight. A doghouse shall be accessible to dogs that are chained or tethered. Tethered animals shall have access to potable water, food, shelter, and dry ground at all times.
(2) 
No dog or other domesticated animal shall remain outdoors, tethered, untethered, or penned during a period of extreme weather, including but not limited to, extreme heat (above 90º F.) extreme cold (below 32º F.), or during thunderstorms, tornadoes, tropical storms, or hurricanes.
(3) 
In no instance shall a dog or other domesticated animal remain outdoors, tethered, untethered, or penned under the age of six months old, or while sick, injured, or in distress.
C. 
Enforcement and entry onto premises.
(1) 
Any Pleasantville Police Officer, humane law enforcement officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals (SPCA), Atlantic County SPCA, the Pleasantville Animal Control Officer or vendor may, upon notification to the Pleasantville Police Department, immediately enter onto private property where a dog is located and take physical custody of the dog or other animal which is at risk of imminent harm due to a violation of this subsection; and shall place the dog or other domesticated animal under the care of the Atlantic County Animal Shelter to ensure the humane care and treatment of the dog or other domesticated animal.
(2) 
Upon taking physical custody of a dog or other domesticated animal pursuant to this subsection the person taking custody shall provide notice in accordance with procedures described in § 90-15.
No person shall hinder, molest or interfere with any person appointed as Animal Control Officer or any officer of the City or other duly authorized agent in the performance of any duty authorized or empowered by this article.
[Amended 11-3-1997 by Ord. No. 49-1997]
A. 
If any dog seized as provided in Subsections A to D, both inclusive, of § 90-12 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 said dog is otherwise known, the Animal Control Officer shall forthwith serve or cause to be served on the person whose address is given on the collar, or on the owner or on the person keeping or harboring said dog, if known, a notice in writing stating that the dog has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after the service of the notice.
[Amended 2-17-1999 by Ord. No. 6-1999]
B. 
The notice referred to in Subsection A of 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 place of abode or at the address given on the collar or by forwarding it by post in a prepaid letter addressed to that person at his usual or last known place of abode or to the address given on the collar.
C. 
The preceding requirements of Subsections A and B of this section shall not be deemed applicable when any dog found running at large or seized and impounded pursuant to § 98-12 (whether licensed or unlicensed) is vicious or appears to be suffering from rabies. In such case, the Animal Control Officer or any member of the Police Department may forthwith cause said dog to be destroyed.
A. 
License fees, redemption fees and other moneys collected or received under the provisions of this article, except registration tag fees, shall be forwarded by the City Clerk to the City Treasurer within 30 days after collection or receipt.
B. 
Such fees and other moneys shall be placed in a separate account from any of the other accounts of the City and shall be used only for the purposes permitted by N.J.S.A. 4:19-15.11.
C. 
The registration tag fees shall be forwarded by the Clerk, within 30 days after collection, to the State Department of Health, as prescribed by N.J.S.A. 4:19-15.11.
A. 
Any dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals is hereby defined to be a "vicious dog" for the purposes of this section.
B. 
It shall be the duty of the Chief of Police or Acting Chief to receive and to cause to be investigated complaints against dogs. When any dog complained against shall be deemed by the Chief of Police or Acting Chief to be a vicious dog as herein defined, he shall report the facts to the Municipal Judge, who shall thereupon cause the owner or person harboring such dog to be notified in writing of the complaint against such dog and to appear before said Judge at a stated time and place. The Judge, at the time set for such hearing, shall inquire into the facts and give all interested persons an opportunity to be heard, under oath, and to be represented by counsel.
C. 
If the Judge shall decide, in accordance with the evidence before him, that such dog complained of is a vicious dog as defined by this section, notice of such decision shall be given to the owner or person harboring such dog. Thereafter, no such dog, determined as aforesaid to be a vicious dog, shall be permitted to run at large or be upon any street or public place in the city, except while securely under leash, as provided in § 90-9 hereof. The owner or person harboring any such vicious dog who shall suffer or permit such dog to run at large or be upon any street or public place in the City, while not securely muzzled and under leash, shall be guilty of a violation of this article.
[Amended 2-17-1999 by Ord. No. 6-1999]
No person shall keep, harbor or maintain any dog which habitually barks, howls, whines or cries between the hours of 12:00 midnight and 7:00 a.m. or which, by frequent barking, howling, whining or crying, disturbs the peace, comfort or quiet of the neighborhood, thereby creating or maintaining a nuisance.
[1]
Editor's Note: See also Ch. 171, Noise.
[Amended 2-17-1999 by Ord. No. 6-1999; 4-17-2000 by Ord. No. 7-2000]
Except as provided in N.J.S.A. 4:19-15.19, any person violating or failing to comply with any of the provisions of this article shall, upon conviction in the Municipal Court of the City of Pleasantville, be subject to a fine of not less than $100 nor more than $1,000, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any person pleading guilty may pay a fine of $50 directly to the Municipal Court of the City of Pleasantville.