CHAPTER V  ANIMAL CONTROL*

 

 

5-1   LICENSING OF DOGS.

 

5-1.1       License Fee Established.

   The annual license fee for dogs in the Borough shall be ten dollars and eighty ($10.80) cents for each dog to be licensed, in addition to the fee of one dollar and twenty ($1.20) cents for the registration tag of each license. Dog owners issued licenses for non-spayed or non-neutered dogs shall be charged an additional three ($3.00) dollar fee. Owners presenting a statement by a veterinarian that such dog has been sterilized are exempt from the additional fee of three ($3.00) dollars. The time for the licensing of all dogs shall be in the month of January each year. The owner of a newly acquired dog who has attained licensing age during the year shall make application for license and registration tags within ten (10) days after such acquisition or age attainment said registration tag must be worn by the dog at all times. A late fee of five ($5.00) dollars shall be charged after March 31st of each license year.

   A dog shall be of licensing age if such dog has attained the age of seven (7) months or which possesses a set of permanent teeth.

   No license shall be issued for any dog unless the applicant for the license presents proof of a valid current rabies vaccination certification. (Ord. #144-13, Ord. #343; Ord. #546; Ord. #622; Ord. #661; Ord. #662; 1972 Code § 48-1; New; Ord. #809; Ord. #1000)

*Editor's Note: For regulations concerning pit bulls see Board of Health Chapter II at the end of this book.

 

5-1.2   Penalties.

a.     Violations of Section; Penalty. Except as otherwise provided in this section, any person who violates, or who fails or refuses to comply with this section, shall be liable to a penalty of not less than fifty ($50.00) dollars, nor more than five hundred ($500.00) dollars, for each offense, to be recovered by and in the name of the local Board of Health, or by and in the name of the Borough. (1972 Code § 48-1; New; Ord. #814)

 

 

5-2   REGULATION OF DOGS AND OTHER ANIMALS.

 

5-2.1   Dogs at Large Prohibited; Leash Required.

   No person who owns or harbors any dog shall allow such dog, whether registered or not, to run at large in this Borough.  Any dog, when taken off the property of the owner or harborer, shall be on a leash not longer than eight (8) feet in length.  (Ord. #144-13; Ord. #343; Ord. #661; Ord. #433; 1972 Code § 48-2)

 

5-2.2   Noise Disturbance from Animals.

   No person shall own, keep, possess, or harbor any animal or animals which, by frequent or habitual howling, barking, meowing, squawking, or other noise-making, cause a noise disturbance.  The provisions of this section shall also apply to all private or public facilities, including any animal pounds, which hold or treat animals.  A barking dog is defined as a dog barking continuously for ten (10) minutes or intermittently for thirty (30) minutes.  (1972 Code § 365-9)

 

5-2.3   Violations and Penalties.

   Each person violating subsection 5-2.1 or subsection 5-2.2 shall, upon conviction thereof, be liable to the penalty established in Chapter I, Section 1-5.  (Ord. #662; 1972 Code § 48-3; § 48-6)

 

5-2.4   Soiling by Dogs; Removal of Feces Required.

a.     Removal of Feces Required. No person owning, harboring, keeping, walking or in charge of any pets shall cause, permit or allow such pets to soil, defile defecate on or commit any nuisance on any common thoroughfare, street, sidewalk, passageway, road, 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 private property in the last instance, provided that said permission does not constitute a violation of Board of Health standards.

         If any person shall permit such pets to soil, defile, defecate on or commit any nuisance on the areas aforesaid, he or she shall immediately remove all feces and droppings deposited by such pets, which removal shall be in a sanitary manner by shovel, container, disposal bag, etc., and the feces and droppings shall be removed by person from the aforesaid designated areas and disposed of by said person in a sanitary manner that will not endanger the public health, safety or welfare.

         Pets shall be defined as a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

b.     Violations and Penalties. Any person who violates or who fails to comply with the provisions of this subsection shall, upon conviction be liable to the penalty established in Chapter I, Section 1-5.

        (Ord. #685, 1972 Code § 48-26; New; Ord. #959)

 

 

5-2.5   Wildlife Feeding Prohibited.

a.     Definitions. For purposes of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrate 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.

        Feed 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 baiting in the legal taking of fish/and or game.

        Person shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

        Wildlife shall mean all animals that are neither human nor domesticated.

b.     Prohibited Conduct. No person shall feed, in any public park or on any other property owned and operated by the Borough of Brielle, any wildlife; excluding confined wildlife (for example wildlife confined in zoos, parks or recreation centers, or unconfined wildlife at environmental education centers).

c.     Enforcement. This subsection shall be enforced by the Police Department and/or the Code Enforcement Officer of the Borough of Brielle. Any person found to be in violation of this subsection shall be ordered to cease the feeding immediately.

d.     Penalties. Any person(s) who is found to be in violation of this subsection shall be subject to a fine not to exceed fifty ($50.00) dollars for the first offense. Subsequent violations shall result in a fine not to exceed two hundred ($200.00) dollars and/or performance of community service in the Department of Public Works for a period not to exceed ninety (90) days.

        (Ord. #959)

 

 

 

5-3   ANIMAL CONTROL SERVICE.

 

5-3.1   Duties.

   The Borough shall obtain and maintain the services of a qualified Animal Control Service to take into custody and impound animals at large in violation of these regulations.  (Ord. #403; Ord. #660; 1972 Code § 48-13)

 

5-3.2   Impounding.

   Animals taken into custody by the Animal Control Service so designated and provided by the Borough shall be under the control and procedures of such Animal Control Service hired by the Borough.  (Ord. #479; Ord. #531; Ord. #660; 1972 Code § 48-14)

 

 

5-4   ANIMALS RUNNING AT-LARGE PROHIBITED.

 

5-4.1   Animals Running at-Large Prohibited.

   No owner or other person having the control or management of any cattle, swine, sheep, goats, domestic rabbits, chickens or fowl or other animals shall permit such animals to run at-large within the limits of the Borough.  (Ord. #185; 1972 Code § 48-8)

 

5-4.2   Violations and Penalties.

   Every person violating any of the provisions of this Section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.  (Ord. #185; Ord. #433; 1972 Code § 48-10)

 

 

5-5   BITES AND ATTACKS.

 

5-5.1   Determination of Ownership of Animal.

   In any case in which an animal shall bite a human being in the Borough, it shall be the duty of the person so bitten to determine ownership of the animal in question.  (Ord. #510; 1972 Code § 48-18)

 

5-5.2   Report to Health Board or Health Officer.

   If ownership shall be determined, the same shall be reported to the Secretary of the Board of Health or the Health Officer of the Borough, who shall instruct the owner as to the procedures for examination of the animal.  (Ord. #510; 1972 Code § 48-19)

 

5-5.3   Quarantine and Examination of Animal.

   The decision to quarantine and/or examine the animal shall be based upon the following determinations of the Health Officer:

a.     An aggravated bite shall result in a house quarantine of not less than ten (10) days.

b.     An unaggravated bite shall result in penned quarantine of the animal, in a place designated by the Health Officer, for daily observation by a licensed veterinarian appointed by the Health Officer.  The cost of the quarantine shall be borne by the owner or owners of the animal or parents or guardian, if the owner is not of legal age.

c.     In the event of a savage attack, the Health Officer, with the concurrence of at least one (1) member of the Board of Health, may order the biting animal sacrificed by a licensed veterinarian and the remains, or portion thereof, transported to the laboratory of the New Jersey State Department of Health by the owner.  If this is so ordered, the owner of the animal will bear all transportation costs and any other costs associated with the sacrifice, sample preparation and/or examination.

        (Ord. #510; 1972 Code § 48-20)

 

5-5.4   Responsibility for Examination of Animal; Costs.

a.     If ownership of the animal cannot be determined, or in the case of a wild animal, the Health Officer shall inform the bitten person (or in case of a minor, the parent of such person) as to the procedures to be followed for examination of the animal.  The bitten person (or parents, as the case may be) shall then comply with such procedures at his or her own cost and expense.

b.     If the persons responsible for examination of the animal shall fail to perform their duties as herein set forth, then the Health Officer, with the concurrence of at least one (1) member of the Board of Health, may direct the Animal Warden to transport the animal to the laboratory of the New Jersey State Department of Health, and all costs and expenses incurred by the Borough of Brielle in so doing shall be assessed against the responsible person.

        (Ord. #510; 1972 Code § 48-21)

 

5-5.5   Responsibility for Treatment of Injuries; Costs.

   Obtaining treatment for injuries sustained from a biting animal in the Borough shall be the responsibility of the person bitten.  The Board of Health of the Borough shall no way be responsible for providing treatment or for the success of the treatment.  (Ord. #510; 1972 Code § 48-22)

 

5-5.6   Failure to Comply; Violations and Penalties.

   If, within ten (10) days after receipt of written notice from the Health Officer, the responsible person shall fail to remit payment in accordance with the preceding sections of this Chapter, the Health Officer may file a complaint in Municipal Court against such person.  If the court shall find that person guilty of failure to perform, pursuant to this Chapter, the Court shall order the person to pay and reimburse the Borough for all costs as herein set forth, including reasonable costs of maintaining the action; and the Court may, in addition, levy a fine not to exceed one hundred ($100.00) dollars.  (Ord. #510; 1972 Code § 48-23)

 

 

5-6   REGULATION OF WILD AND DOMESTIC ANIMALS.*

 

5-6.1   Prohibition of Wild and Domestic Animals.

   No person shall be allowed to keep anywhere within the Borough limits, any horse, cow, pig, goat, sheep, lamb or other wild or domestic animals that shall produce noise or odors which may be obnoxious or offensive to the inhabitants of the Borough or part thereof.  (New)

 

5-6.2   Violations.

   Every person violating any of the provisions of this Section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.  (New)

 

 

5-7   RABIES CERTIFICATION REQUIRED FOR DOGS AND CATS.

   Every owner or custodian of a dog and/or cat within the Borough shall be required to have his or her dog and/or cat maintain a current rabies vaccination on the animal.  (New)

 

 

5-8   LICENSING AND REGULATION OF CATS.

 

5-8.1   Definitions.

   As used in this section:

Animal shall mean dog or cat.

Animal Control Authority shall mean any person or agency designated or certified by the State of New Jersey to enforce the provisions of this section.

Cat shall mean any member of the domestic feline species; male, female or altered.

Cattery shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.

Cat of licensing age shall mean any cat which has attained the age of seven months, or which possesses a set of permanent teeth.

Licensing Authority shall mean the agency or department of the Borough or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this section.

Neutered shall mean rendered permanently incapable of reproduction as certified by a licensed veterinarian.

Owner when applied to the proprietorship of a cat, shall include every person having a right of property (or custody) in such cat and every person who has such a cat in his or her keeping, or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person.

Person shall mean any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.

(Ord. #786)

 

5-8.2   Provisions Relating to Rabies Vaccination of Cats.

a.     Vaccination and Licensing Requirements.  No person shall own, keep, harbor or maintain any cat over seven months of age within Brielle unless such cat is vaccinated and licensed. The provisions of this section do not apply to cats held in a cattery, or those held by a State or Federal licensed research facility, or a veterinary establishment where cats are received or kept for diagnostic, medical, surgical, or other treatments, or licensed animal shelters, pounds, kennels or pet shops.

b.     Vaccination.  All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in paragraph d.

c.     Vaccination Certificate.  A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the State.

d.     Exemptions. Any cat may be exempted from the requirements of such vaccination for a specified period of time by the local Board of Health, upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical conditions, or regimen of therapy, the inoculation of such a cat shall be deemed inadvisable.

        (Ord. #786)

 

5-8.3       Licensing Requirements.

a.     Cats Must Have License Number Displayed. Any person who shall own, keep or harbor a cat of licensing age shall annually apply for and procure from the Clerk of the Municipality or other official designated by the Governing Body thereof to license cats in the Borough in which he/she resides, a license and official registration tag with license number, or a registration sleeve for each cat so owned, kept, or harbored, and shall place upon such cat a collar, or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying license number shall include, but are not limited to, break-away or elastic collars. License tags or sleeves are not transferable.

b.     Time for Applying for License. The owner of a newly acquired cat of licensing age, or of any cat which attains licensing age, shall make application for license tag or sleeve for such cat within ten (10) days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a cat within Brielle for no longer than ninety (90) days.

c.     Cats Brought into Brielle. Any person who shall bring, or cause to be brought into Brielle, any cat licensed in another state or the current year, and bearing registration tax or sleeve, and shall keep the same or permit the same to be kept within Brielle for a period of more than ninety (90) days, shall immediately apply for a license and registration tag or sleeve for each such cat. Any person who shall bring or cause to be brought into Brielle any unlicensed cat, and shall keep same or permit same to be kept within Brielle for a period of time of more than ten (10) days, shall immediately apply for a license and registration tag or sleeve for each such cat.

d.     Application, Contents, Preservation of Information. The application shall state the breed, sex, age, color and markings of a cat for which license and registration are sought, and whether it is of a long- or short-haired variety; also the name, street and post office address of the owner, and the person who shall keep or harbor such cat. The information on said application and the registration number issued for the cat shall be preserved for a period of three (3) years by the Clerk or other local official designated to license cats in the Borough.

e.     License Forms and Tags. License forms and official tags or sleeves shall be furnished by the municipality and shall be numbered serially, and shall bear the year of issuance and the name of the Borough.

f.      Evidence of Inoculation with Rabies Vaccine or Certification of Exemption; Requirement for License. No Municipal Clerk or other official designated by the Governing Body of any Borough to license cats therein shall grant any such license and official registration tag or sleeve for any cat, unless the owner thereof provides evidence that the cat 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 Human Services, or has been certified exempt as provided by paragraph d. of subsection 5-8.2. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.

g.     License Fee Schedule. A license shall be issued after payment of a fee of fifteen ($15.00) dollars for each unneutered cat, and twelve ($12.00) dollars for each neutered cat. Persons who fail to obtain a license as required within the time period specified in this section, will be subject to a delinquent fee of five ($5.00) dollars. The time period specified shall be March 31st of the license year.

h.     Fees, Renewals, Expiration Date of License. License from another municipality shall be accepted. The person applying for the license and registration tag and/or sleeve shall pay the fee fixed or authorized. The fee for the renewal of license and registration tag or sleeve shall be the same as for the original, and said license, registration tag or sleeve and renewal thereof shall expire on December 31 in the following year. Only one license and registration tag or sleeve shall be required in the licensing year for any cat in Brielle. Any valid New Jersey license tag or sleeve issued by the New Jersey municipality shall be accepted by Brielle as evidence of compliance.

i.      Loss of License. If a license tag or sleeve has been misplaced or lost, the designated Borough official may issue a duplicate license and/or registration sleeve for that particular cat at a fee of fifty (50¢) cents.

j.      Proof of Licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining, or harboring a cat upon the request of any health official, police officer, animal control officer, or other authorized person.

k.     Interfering with Persons Performing Duties Under This Section. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this section.

l.      Disposition of Fees Collected. License fees and other moneys collected or received under the provisions of this section shall be forwarded to the Treasurer of the Municipality, and shall be placed in a special account separate from any of the other accounts of the Borough and shall be used for the following purpose only, collecting, keeping and disposing of cats liable to seizure, for local prevention and control of rabies, providing anti-rabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies, and for administering the provisions of this section. Any unexpected balance remaining in such special account shall be retained 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 said 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) fiscal years next preceding.

        (Ord. #786; Ord. #809; Ord. #865; Ord. #1000)

 

5-8.4   Penalty.

a.     Violations of Section; Penalty.  Except as otherwise provided in this section, any person who violates, or who fails, or refuses to comply with this section, shall be liable to a penalty of not less than fifty ($50.00) dollars, nor more than five hundred ($500.00) dollars, for each offense, to be recovered by and in the name of the local Board of Health, or by and in the name of the Borough.

        (Ord. #786)

 

 

5-9       PROHIBITION TO BAN THE SALE OF DOGS AND CATS FROM PET SHOPS.

 

5-9.1       Definitions.

Animal care facility shall mean an animal control center or 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.

Animal rescue organization shall mean 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.

Cat shall mean a member of the species of domestic cat, Felis catus.

Dog shall mean a member of the species of domestic dog, Canis familiaris.

Offer, for sale shall mean to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.

Pet shop shall mean 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.

(Ord. No. 1060-2017)

 

5-9.2       Restrictions on the Sale of Animals.

a.     A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:

1.     An animal care facility; or

2.     An animal rescue organization.

(Ord. No. 1060-2017)

 

 

 



*Editor's Note: For regulations concerning pit bulls see Board of Health Chapter II at the end of this book.

*Editor's Note:  For additional regulations see Board of Health Section BH:2-2.

CHAPTER V ANIMAL CONTROL*
Published by ClerkBase
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