CHAPTER XI  ANIMAL CONTROL

 

11-1    LICENSING OF DOGS.

 

11-1.1    Evidence of Ownership.

   The harboring of any dog or dogs shall constitute and be evidence of ownership for the purposes of licensing under the authority of this Chapter. (Ord. #616, § 2)

 

11-1.2    License Expiration Date.

   Licenses granted under this Chapter shall be effective from January 1 of each year and shall expire January 31 of the following year. (Ord. #94-20, § 1)

 

11-1.3    Application Forms; Metal Tags.

   Applications for licenses shall be on a form provided for by the Clerk as well as uniform official metal registration tags, upon both of which there shall be written or designated such matter as prescribed by law. (Ord. #683, § 5)

 

11-1.4    License Fee, Rabies Vaccination.

   All dogs within the City shall be annually licensed with the City Clerk. The annual license fee shall be as set forth in Chapter XXX "Municipal Fees", Schedule B. In addition to the annual license fee set forth in this Schedule, there shall be a late fee of three ($3.00) dollars unless changed by an amendment to Chapter XXX, "Municipal Fees," Schedule B imposed upon any license not renewed before March 31 of any year.

   At the time of annual licensing, the owner or custodian of the animal shall show written proof that the dog has a current and effective rabies vaccination. No licenses shall be issued to any dog, whose owner or custodian fails to produce proof of rabies vaccination.

(Ord. #83-21, § 1-10; Ord. #94-20, § 1)

 

11-1.5    Collar and Tag.

   Every dog so licensed shall be supplied and maintained by the owner with a collar which shall be fastened around the neck of the dog with a metal tag attached thereto bearing the number of the license. This tag shall be supplied to the owner with the certificate of license, by and at the cost of the agent of the City duly empowered to enforce the provisions of this Chapter. The design of the certificate and tag shall be prescribed by the agent and duplicate tags shall be issued only upon proof of loss of the original and upon the additional payment of the sum of twenty-five ($.25) cents. (Ord. #616, § 4)

 

11-1.6    Chaining or Tethering.

a.     Dogs must be able to move freely when chained or tethered and shall be confined for a period no greater than nine (9) hours within a twenty-four (24) hour period. The tether or chain shall be of such length as not to place the animal in any danger and shall assure that the animal will be confined to the owner's property. The chain or tether shall be tangle free. Dogs must be equipped with a properly fitting harness or buckle type collar. The tether must be made of light-weight, yet durable material, or a chain.

b.     Dogs that are not spayed or neutered will not be allowed to be tethered or chained for any period of time and must be in a completely enclosed yard or housed indoors.

c.     No dogs may be tethered or chained after dark (prior to sunrise or after sunset).

        (Ord. No. #04-19, § 1)

 

11-1.7    Prohibited Activities and Treatment of Animals.

a.     No owner, caretaker, guardian, or handler of a dog shall withhold proper shelter, protection from weather, veterinary care and immune care to any animal. No person shall fail to provide an animal with sufficient food, drinkable water on a daily basis. Food and water must be in an animal food consumption or water consumption type container, feeder, or waterer.

b.     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.

c.     No animal shall be left unattended in a motor vehicle without sufficient airflow or under extreme heat conditions as to render the animal susceptible to heat prostration, any other condition that would be caused by said behavior, including death. No animal shall be left unattended for more than thirty (30) minutes.

d.     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 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. 5A-4:22-17.

e.     Owners, caretakers, guardians, or handlers of dogs may attempt to prevent said dogs from leaving the premises by installing an invisible fence(s). Owners, caretakers, guardians, or handlers of dogs are responsible for the maintenance of the invisible fence(s) and shall exercise diligence to keep the fence in proper working order.

        (Ord. #04-19, § 1)

 

11-1.8    Duties of Citizens.

            Any operator of a motor vehicle who accidentally strikes a dog or cat shall stop and render immediate assistance to the dog or cat as is 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 of the animal to the City Police Department immediately. (Ord. #04-19, § 1)

 

11-1.9    Penalties.

            Any violation of any provision of subsections 11-1.6 through 11-1.8 shall be punishable by a fine not to exceed one thousand two hundred fifty ($1,250.00) dollars or imprisonment not to exceed ninety (90) days or community service not to exceed ninety (90) days, in the discretion of the Municipal Court Judge. (Ord. #04-19, § 1)

 

 

11-2    ENFORCEMENT AGENT.

 

11-2.1    Power and Authority.

   The agent, upon being named by resolution, is empowered and authorized to carry out the provisions herein. (Ord. #616, § 9)

 

11-2.2    Municipality Harmless; Insurance.

   The agent shall save the municipality harmless from all actions at law, equity or otherwise and shall furnish for the protection of the municipality such policies of public liability insurance as may be required in the judgment of the governing body of the municipality. (Ord. #616, § 10)

 

 

11-3    INTERFERENCE; UNLAWFUL USE OF LICENSE TAG.

   Any person who hinders, molests or interferes with any officer or agent of the City in the performance of any duty enjoined by this Chapter, or uses a license tag on a dog for which it was not issued, or who owns or harbors without complying with the provisions of this Chapter shall upon conviction before the municipal judge be subject to the penalties prescribed in Chapter I, Section 1-6. (Ord. #616, § 11)

 

 

11-4    CONTROL OF DOGS.

 

11-4.1    Compliance with Provisions.

   It shall be unlawful to own, harbor, keep or maintain a dog within the City unless the owner thereof or the person or persons harboring or maintaining the same shall exercise sufficient and proper control and care over such animal at all times so as to prevent the animal from becoming a public nuisance or otherwise violating this Chapter. (Ord. #83-21, § 1-1)

 

11-4.2    Public Nuisance Defined.

   Within the meaning of this section, a dog shall be considered a public nuisance if it has no known owner or custodian or if it has no known place of care or shelter, or if it trespasses upon or damages either public or private property, or annoys, bites, scratches or harms lawful users or occupants thereof, or frequently or continually barks, cries, or emits other sounds disturbing to a person of reasonable and ordinary sensitivity.

   It shall also be a public nuisance for the owner of any dog(s) to allow the habitual or continual emission of obnoxious or unpleasant odors which would be offensive to a person of reasonable and ordinary sensitivity from any dwelling, structure, or area housing said animal(s).

(Ord. #83-21, § 1-2; Ord. #87-29, § 1)

 

11-4.3    Control Off Owner's Premises; Leash Required.

   Any dog off the property of either the owner or person exercising custody of such animal, shall be on a leash not exceeding six (6') feet in length and of sufficient strength to restrain the dog. The leash shall be held by a person of sufficient strength and maturity so as to be capable of controlling the dog. (Ord. #83-21, § 1-3)

 

11-4.4    Prohibited Areas and Times.

a.       No dog, whether on a leash or not, shall be permitted on the boardwalk or any public platform, pavilion, ramp, or steps adjacent or leading thereto, nor shall any dog, whether on a leash or not, be permitted to be carried, carted, transferred, or transported by any person or in any object, on or above any portion of the boardwalk, or in any public platform, pavilion, ramp, or steps adjacent or leading thereto. No dog, whether on a leash or not, shall be permitted upon any publicly owned park or playground. These provisions shall not apply to a bona fide seeing-eye dog while under the care of its blind master.

b.       No dog, other than a bona fide seeing-eye dog while under the care of its master, shall be permitted on the beach from May 1 through September 30 of each year. From October 1 through April 30, dogs shall be permitted on the beach subject to the provisions of subsection 11-4.3 above, with the following exceptions:

          From March 15th through April 30th, dogs are not permitted:

1.       In the area from the Longport Bridge to the terminal groin.

2.       In the area between 18th Street and 34th Street.

          (Ord. #83-21, § 1-4; Ord. #09-19, § 1)

 

11-4.5    Seizure and Custodial Care.

   The Animal Control Warden or other person authorized by the City to enforce the provisions of this section, shall upon receipt of a complaint that a dog is a public nuisance, as defined herein, seize the dog and keep it within the care and custody of an animal shelter for a period of seven (7) full days from the date of apprehension. (Ord. #83-21, § 1-5)

 

11-4.6    Notice of Seizure.

   If any dog seized pursuant to the provisions of this section bears any identification of ownership or place of abode, the Animal Control Warden or other authorized enforcement official shall, on the date of seizure, notify the owner or the occupant of the place of abode that the animal has been seized and that it may be claimed at a designated location, subject to the provisions of this section. (Ord. #83-21, § 1-6)

 

11-4.7    Provisions for Reclaiming.

   During the aforementioned seven (7) day custodial period, any dog so impounded may be claimed by its owner upon payment to the animal shelter of a reasonable fee for each day or portion thereof that the dog remains in the custody of the animal shelter, as determined periodically by the shelter. (Ord. #83-21, § 1-7)

 

11-4.8    Disposition of Unclaimed Dogs.

   Any dog which has been seized pursuant to this section which has not been reclaimed during the custodial period set forth herein may be claimed by any person willing to assume the responsibility of ownership. Otherwise, the dog may be disposed of by the animal shelter or other designated official by being put to death in as humane a manner as possible. (Ord. #83-21, § 1-8)

 

11-4.9    Removal of Waste.

   It is unlawful for the owner or custodian of any dog to permit, suffer or allow such dog to discharge its excreta upon any public or private property other than the property of the owner or custodian, unless the owner or custodian immediately removes such excreta and disposes of it by placing it in a closed container or covered trash receptacle. (Ord. #83-21, § 1-9)

 

11-4.10  Violation; Penalty.

   Violations of this section shall be punishable as follows:

a.     First offense, in any twelve (12) month period, a fine of not less than twenty-five ($25.00) dollars;

b.     Second offense, in any twelve (12) month period, a fine of not less than seventy-five ($75.00) dollars;

c.     Third or subsequent offenses, in any twelve (12) month period, a fine of not less than one hundred fifty ($150.00) dollars.

        (Ord. #83-21, § 1-11)

 

11-4.11  Responsibility for Animals' Unlawful Acts.

   In addition to the enforcement remedies by the seizure of any dog or animal as provided for herein and by the laws of New Jersey, the responsibility for the unlawful act of any dog or other animal as set forth is hereby fixed upon the owner, and upon the person securing the license for any dog, and upon the person who is the keeper or the one in custody, possession and control of any dog or animal.

   Every such person shall be responsible for the act of any dog which runs at large contrary to the provisions of this Chapter or otherwise violates any section or provision hereof.

(Ord. #872, § 12)

 

 

11-5    KENNELS AND PET SHOPS.

 

11-5.1    New Kennel Licenses Prohibited; Renewals Permitted.

   No new license for any kennel as defined by the laws of New Jersey shall be issued; provided that nothing herein shall prevent the renewal of any existing license at the fees established by the laws of New Jersey. (Ord. #872, § 10)

 

11-5.2    Pet Shop; Shelter; Pound.

No pet shop, shelter or pound shall be established except in compliance with regulations prescribed by New Jersey laws; provided nothing shall prohibit the establishment of a shelter or pound to be used to enforce the provisions of this Chapter. (Ord. #872, § 11)

 

 

11-6    CATS.

 

11-6.1    Compliance with Provisions.

   It shall be unlawful to own, harbor, keep or maintain a cat within the City unless the owner thereof or the person or persons harboring or maintaining the same shall exercise sufficient and proper control and care over such animal at all times so as to prevent the animal from becoming a public nuisance or otherwise violating this Chapter. (Ord. #83-21, § 2-1)

 

11-6.2    Public Nuisance Defined.

Within the meaning of this section, a cat shall be considered a public nuisance if it has no known owner or custodian or if it has no known place of care or shelter, or if it habitually trespasses upon or damages either public or private property, or annoys, bites, scratches or harms lawful users or occupants thereof, or frequently or continually cries, or emits other sounds disturbing to a person of reasonable and ordinary sensitivity.

   It shall also be a public nuisance for the owner of any cat(s) to allow the habitual or continual emission of obnoxious or unpleasant odors which would be offensive to a person of reasonable and ordinary sensitivity from any dwelling, structure or area housing said animal(s).

(Ord. #83-21, § 2-2; Ord. #87-29, § 2)

 

11-6.3    Seizure and Custodial Care.

   The Animal Control Warden or other person authorized by the City to enforce the provisions of this section, shall upon receipt of a written complaint that a cat is a public nuisance, as defined herein, seize the cat and keep it within the care and custody of an animal shelter for a period of seven (7) full days from the date of apprehension. (Ord. #83-21, § 2-3)

 

11-6.4    Notice of Seizure.

   If any cat seized pursuant to the provisions of this section bears any identification of ownership or place of abode, the Animal Control Warden or other authorized enforcement official shall, on the date of seizure, notify the owner or the occupant of the place of abode that the animal has been seized and that it may be claimed at a designated location, subject to the provisions of this section. (Ord. #83-21, § 2-4)

 

11-6.5    Provisions for Reclaiming.

   During the aforementioned seven (7) day custodial period, any cat so impounded may be claimed by its owner upon payment to the animal shelter of a reasonable fee for each day or portion thereof that the cat remains in the custody of the animal shelter, as determined periodically by the shelter. (Ord. #83-21, § 2-5)

 

11-6.6    Disposition of Unclaimed Cats.

   Any cat which has been seized pursuant to this section which has not been reclaimed during the custodial period set forth herein may be claimed by any person willing to assume the responsibility of ownership. Otherwise the cat may be disposed of by the animal shelter or other designated official by being put to death in as humane a manner as possible. (Ord. #83-21, § 2-6)

 

11-6.7    Removal of Waste.

   It is unlawful for the owner or custodian of any cat to permit, suffer or allow such cat to discharge its excreta upon any public or private property other than the property of the owner or custodian, unless the owner or custodian immediately removes such excreta and disposes of it by placing it in a closed container or covered trash receptacle. (Ord. #83-21, § 2-7)

 

11-6.8    Identification Tag.

   Each owner or custodian of a cat over the age of six (6) months shall attach to such cat by whatever means the owner shall consider safe and humane a visible identification marker, which identification marker shall be carried by the cat at all times it is off the owner's property. The marker shall bear the name of the owner, the address of the owner and a number or name for the particular cat. (Ord. #83-21, § 2-8)

 

11-6.9    Rabies Vaccination.

   Every owner, or custodian of a cat which is off the owner's property within the City shall be required to have his or her cat maintain a current rabies vaccination on the animal. (Ord. #83-21, § 2-9)

 

11-6.10  Violation.

   Violations of this section shall be punishable as follows:

a.     First offense, in any twelve (12) month period, a fine of not less than twenty-five ($25.00) dollars;

b.     Second offense, in any twelve (12) month period, a fine of not less than seventy-five ($75.00) dollars.

c.     Third or subsequent offenses, in any twelve (12) month period, a fine of not less than one hundred fifty ($150.00) dollars.

        (Ord. #83-21, § 2-10)

 

 

11-7    CONTROL OF ANIMALS.

 

11-7.1    General Provisions.

a.     Unlawful to Run at Large. It is unlawful for any animal to run at large at any time.

        (Ord. #812, § 2)

 

11-7.2    Prohibited from Oceanfront.

   It is unlawful for any animal to be on or upon any part of the ocean front public boardwalk, or on any public platform, pavilion, approach, ramp or steps adjacent or leading thereto at any time. (Ord. #872, § 3)

 

11-7.3    Objectionable Noises.

   The constant or intermittent barking, loud whining, or other objectionable noises caused by any animal, whether on or off the owner's premises, is unlawful and a nuisance. (Ord. #872, § 10)

 

 

11-8    WILDLIFE FEEDING.

 

11-8.1    Purpose.

   The purpose of this section is to prohibit the feeding of wildlife in any public park, public property, owned or operated by the City of Ocean City at any time, to protect the public health, safety and welfare and to prescribe penalties for the violation thereof. (Ord. #06-37, § 1)

 

11-8.2    Definitions.

   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.

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.

(Ord. #06-37, § 1)

 

11-8.3    Prohibited Conduct.

   No person shall feed, an any public park, or on any other property owned or operated by the City of Ocean City, any wildlife, at any time. (Ord. #06-37, § 1)

 

11-8.4    Enforcement.

   Any person found to be in violation of this section shall be ordered to cease and desist the feeding of such animal. (Ord. #06-37, § 1)

 

11-8.5    Violations and Penalties.

   Any person violating this section shall be subject to a fine not to exceed five hundred ($500.00) dollars and imprisonment not to exceed ninety (90) days, or both. (Ord. #06-37, § 1)

CHAPTER XI ANIMAL CONTROL
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