CHAPTER VIII  ANIMAL CONTROL

 

 

8-1   LICENSING AND CONTROL OF DOGS.

 

8-1.1 Running at Large Prohibited. 

   No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the streets, in any public park, in any public building or in any other public place within the Borough except as provided herein.

Notwithstanding anything to the contrary above, persons may suffer or permit a dog to run at large only in designated areas within the Dog Park of the Borough of Tinton Falls located at West Park Avenue, or such other Dog Park so designated as a free-roaming area for dogs but only upon the terms and condition, rules and regulations as set forth by the appropriate municipal authorities for the conduct of dogs within said areas and as may be posted therein by the Department of Public Works.

   A violation of any such term, condition, rule or regulation so posted shall constitute a violation of this subsection. (1982 Code §70-1; Ord. #82; Ord. #06-1184; Ord. #R-07-1207: Ord. #09-1267)

 

8-1.2 Leash Required for Dogs on Public Street. 

   No person owning, keeping or harboring any dog shall suffer or permit it to be upon the streets or in any of the public places of the Borough, including public parks and open space areas, unless such dog is accompanied by a person and is securely confined and controlled by an adequate leash not more than six (6') feet long. Dogs will be prohibited from designated sports fields within the public parks of the Borough of Tinton Falls but may be permitted subject to the above conditions and rules and regulations within the public parks and open space areas owned and maintained by the Borough of Tinton Falls. (1982 Code §70-2; Ord. #82; Ord. #09-1267)

 

8-1.3   Going Upon Private Property of Another. 

No person owning, keeping, harboring or having control or custody of any dog shall suffer or permit it to go on private property not his own.  (1982 Code §70-3; Ord. #82; Ord. #259)

 

8-1.4   Barking Dogs. 

No person shall keep, harbor or maintain any dog which habitually barks or cries.  (1982 Code §70-5; Ord. #82)

 

8-1.5 License Required; Fees.

a.     Any person who shall own, keep or harbor a dog of license age, which shall mean any dog which has attained the age of seven (7) months or which possesses a set of permanent teeth, shall apply for and procure a dog license from the Borough of Tinton Falls Police Department.

b.     Each dog so licensed shall carry a dog tag bearing evidence of such license at all times in accordance with the laws of the State of New Jersey.

c.     The annual license and registration fee, or for each annual renewal, shall be eight dollars and eighty ($8.80) cents for each dog. The fee for a three (3) year license or each three (3) year renewal shall be twenty-six dollars and forty ($26.40) cents for each dog.

d.    In addition, there shall be a fee of three ($3.00) dollars annually, or nine ($9.00) dollars for a three (3) year license, for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization. All dogs shall be presumed to have reproductive capacity, unless a certificate is delivered to the Police Department signed by a licensed veterinarian of the State of New Jersey, or by such other individual or agency as may be designated by any rules and regulations adopted by the Commissioner of the State Department of Health.

e.     In addition, there shall be a fee of twenty ($0.20) cents annually, or sixty ($.60) cents for a three (3) year license, which shall be forwarded to the State Treasurer to be placed in the Pilot Clinic Fund to be used by the Commissioner of the State Department of Health in accordance with the laws of the State of New Jersey.

f.     In addition, there shall be a fee of one ($1.00) dollar annually, or three ($3.00) dollars for a three (3) year license, which is required to be collected for each dog for which a license is sought pursuant to the provisions of N.J.S.A. 4:19-15.3.

g.     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" and 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.

h.     The owner of any dog, if the license tag is mislaid, stolen or lost, may procure a replacement tag upon payment of an additional one ($1.00) dollar.

i. Licenses, registration tags and renewals shall expire on the last day of December in the year stated on the license.

j.      The owner of any dog who fails to renew its license on or before January 31st of each year will be charged a late fee in the amount of five ($5.00) dollars.

(1982 Code §70-4; Ord. #82; Ord. #259; Ord. #503; Ord. #556; Ord. #609; Ord. #626; Ord. #90-721; Ord. No. 2016-1401)

 

8-1.6   Enforcement. 

In addition to the Department of Public Safety, the Borough Council shall have the power to approve a contract with one (1) or more persons for the exercise of the duty of Dogcatcher, Dog Warden or Poundmaster to enforce the provisions of this chapter.  (1982 Code §70-6; Ord. #82; Ord. #90-721)

 

8-1.7   Violations and Penalties. 

Each and every person violating any of the provisions of this section shall, upon conviction thereof, forfeit and pay a fine of not less than twenty ($20.00) dollars and not more than fifty ($50.00) dollars or be imprisoned in the County Jail for not more than ten (10) days, or both, in the discretion of the Judge.  (1982 Code §70-7; Ord. #82; Ord. #503; Ord. #90-721)

 

 

8-2   POUNDS.

 

8-2.1    State of Authority and Purpose. 

The Borough Council, recognizing that under the terms of N.J.S.A. 40:48-1 the Borough has the right, under its general powers, to adopt and enforce ordinances to establish and regulate dog pounds and, under the terms of N.J.S.A. 40:48-2, has the right under its police power to adopt and enforce ordinances for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and being familiar with Title 4 of the New Jersey Statutes dealing with the control of dogs and dog pounds; and being cognizant of the rules and regulations which govern kennels, pet shops, shelters and pounds; and to minimize the occasion for nuisances to the citizens and being concerned for the proper handling of any dogs or other animals which may be impounded within, enclosed or housed at a dog pound operating in this Borough; and pursuant to New Jersey State Department of Health regulations N.J.A.C. 8:23-3.1 and following, which recognizes and acknowledges the right to establish rules, regulations and ordinances regarding dog pounds by the Borough Council of the municipality wherein they are located; and being of the opinion that an ordinance to meet local conditions is necessary, hereby acts.  (1982 Code §70-8; Ord. #342; Ord. #90-721 AII)

 

8-2.2    Meaning of Terms. 

All references to "pound" or "dog pound" in this section shall be pursuant to the definition of pound set forth in N.J.S.A. 4:19-15.1 and as defined in the rules and regulations promulgated and enforced by the New Jersey State Department of Health and set forth in the New Jersey Administrative Code, N.J.A.C. 8:23-3.1 and following, as amended and supplemented.  (1982 Code §70-9; Ord. #342; Ord. #90-721 AII)

 

8-2.3    Minimum Acreage. 

Any dog pound established in this Borough is required to be located upon property consisting of not less than ten (10) acres of contiguous lands.  (1982 Code §70-10; Ord. #342; Ord. #90-721 AII)

 

8-2.4    Minimum Distance from Other Properties. 

A dog pound shall be required to maintain a minimum distance of not less than three hundred (300') feet between any enclosure in which dogs are located and the nearest property line.  (1982 Code §70-11; Ord. #342; Ord. #90-721 AII)

 

8-2.5    Minimum Setback from Street. 

In any dog pound, any building or enclosures in which dogs are located shall be located not less than one hundred (100') feet from any public street or highway adjacent to the pound property.  (1982 Code §70-12; Ord. #342; Ord. #90-721, AII)

 

8-2.6    Fencing Requirement. 

The entire perimeter of the premises occupied by the dog pound operation shall be fenced with chain-link-type fencing not less than six (6') feet high, which fence shall be so constructed as to prevent the escaping of dogs or other animals from the pound premises and to prevent trespassing upon any part of the pound property by children or other persons or animals.  (1982 Code §70-13; Ord. #342; Ord. #90-721 AII)

 

8-2.7    On-Premises Custodian. 

In any dog pound in this Borough, there shall be a person or persons employed by the pound operator on the premises and responsible for the pound's operation and twenty-four (24) hours per day, each and every day of the year.  (1982 Code §70-14; Ord. #342; Ord. #90-721 AII)

 

8-2.8    Indoor Garage Space for Pound Vehicles. 

In any pound operation in this Borough, there shall be provided one (1) indoor garage space for each motor vehicle used in any phase of the pound operation for the transportation of dogs.  Each vehicle used for the transportation of dogs or other animals shall be garaged, when not otherwise in use, within the garage space provided for under the terms of this section.  (1982 Code §70-15; Ord. #342; Ord. #90-721 AII)

 

8-2.9    Indoor Storage for Machinery and Equipment. 

In any pound operation in this Borough, there shall be required sufficient indoor storage for all machinery, equipment and supplies used in any part of the pound operation.  No outside storage of machinery, equipment or supplies shall be permitted.  (1982 Code §70-16; Ord. #342; Ord. #90-721 AII)

 

8-2.10  Required Parking Area. 

In any pound operation in this Borough, there shall be provided a minimum of one (1) parking space, not less than ten feet by twenty (10' x 20') feet in size and properly marked with traffic lines, for each two hundred (200) square feet of floor area in any building used in the pound operation.  For the purposes of this subsection, the term "building" shall include office space, indoor enclosures for dogs, garage space and indoor storage space.  (1982 Code §70-17; Ord. #342; Ord. #90-721, AII)

 

8-2.11  Disposal of Animal Remains. 

In any dog pound operation in this Borough at which it is the intention or practice of the pound operator to dispose of any animals by any of the accepted methods of euthanasia set forth in N.J.A.C. 8:23-3.10, the pound operator shall provide for proper disposal of the animal remains off the premises upon which the pound is operated.  No incineration or burial or other means of disposal of animal remains shall be permitted upon any part of the pound premises.  (1982 Code §70-18; Ord. #342; Ord. #90-721 AII)

 

8-2.12  Additional Requirements. 

Any pound operation established in the Borough shall be subject to all zoning, planning, site plan and other applicable ordinances and requirements of the appropriate agencies of the Borough.  Specifically, in addition, it is the intention of this section that any pound operation be constructed in such a manner that naturally wooded areas be preserved and that appropriate plantings of trees and shrubs be required so as to effectively create buffer areas and screening between the pound operation and other uses or properties in this Borough.  (1982 Code §70-19; Ord. #342; Ord. #90-721 AII)

 

8-2.13  Application for Licenses; Issuance. 

All initial applications for licenses and applications for renewal of same shall be made to the Administrator on the appropriate forms provided by him.  Upon satisfactory compliance with this section and upon filing of proof of compliance with any necessary additional approvals required pursuant to subsection 8-2.12 and any other applicable laws and regulations, the Administrator shall issue the license, pursuant to N.J.S.A. 4:19-15.8 and following.  (1982 Code §70-20; Ord. #342; Ord. #90-721 AII)

 

8-2.14  Records; Reports of Contracts. 

Any owner, operator or tenant of a dog pound established in this Borough who makes and retains records in accordance with N.J.A.C. 8:23-3.1 and following shall, in addition thereto, report to the Administrator the making of any contract to provide pound services to another municipality or any County within ten (10) days of the making thereof and shall file a copy of the contract with the official at that time.  (1982 Code §70-21; Ord. #342; Ord. #90-721 AII)

 

8-2.15  Incorporation by Reference of Additional Requirements.

In any dog pound established in this Borough, the owner, operator, tenant or employee or agent of any of them, as the case may be, in addition to the requirement of conforming to all of the other provisions of this section, shall conform to N.J.A.C. 8:23-3.1 and following, as amended and supplemented.  These N.J.A.C. regulations are incorporated by reference so that any violation of N.J.A.C. 8:23-3.1 et seq. shall be subject to the penalties set forth in N.J.S.A. 4:19-15.19.  (1982 Code §70-22; Ord. #342; Ord. #90-721 AII)

 

8-2.16  Violations and Penalties. 

For any and every violations of the provisions of this section, with the exception of violations of subsection 8-2.15, the owner, pound operator, contractor or any employee or any of them or other persons having an interest as tenant or occupant or otherwise in any portion of the premises or land where such violation has been committed or shall exist shall, for each and every violation, be liable upon conviction to the penalty stated in Chapter I, Section 1-5.  Each and every day that such violation continues shall be considered as a separate and specific violation of this section and not as a continuing offense.  In addition to remedy or remedies hereinbefore provided, any person, persons, company or corporation violating this section or any provision or section thereof may be proceeded against on behalf of the Borough by appropriate action or by proceeding in the proper tribunal or otherwise to prevent and enjoin any threatened violation or existing violation or any continuing violation of this section.  (1982 Code §70-23, Ord. #342; Ord. #90-721 AII)

 

 

8-3   DEFECATION ON PUBLIC OR PRIVATE LANDS.

 

8-3.1    Purpose. 

   The purpose of this section is to establish requirements for the proper disposal of pet solid waste in Borough of Tinton Falls, so as to protect public health, safety and welfare of all those frequenting this municipality, by preventing the needless health hazards and nuisances caused by pet feces upon public and private property located within the Borough of Tinton Falls and to prescribe penalties for failure to comply. (Ord. #90-735, §1; Ord. #05-1174, §§1,5)

 

8-3.2    Defecation on Private Property. 

   No person owning or in charge of any pet shall cause or allow such pet to soil, defile, defecate upon, or commit any nuisance upon any private property, without the permission of the owner of said property.  Any person owning a pet which soils, defiles, defecates or commits any such nuisance shall immediately remove all feces deposited by any such pet in a sanitary manner.  (Ord. #90-735, §1; Ord. #05-1174, §5)

 

8-3.3    Defecation on Public Property. 

   No person owning or in charge of any pet shall cause or allow such pet to soil, defile, defecate upon, or commit any nuisance on any common thoroughfare, park, sidewalk, passageway, or any place where people congregate or walk, or upon any public property.  Any person owning a pet which soils, defecates or commits any such nuisance shall immediately remove all feces deposited by any such pet in a sanitary manner.  (Ord. #90-735, §1; Ord. #05-1174, §5)

 

8-3.4    Defecation on Own Property. 

   No person shall permit the accumulation of pet feces upon his own property or property occupied by him to the extent that the odor may be noticeable to any adjoining property owners.  (Ord. #90-735, §1; Ord. #05-1174, §5)

 

8-3.5    Disposal of Defecation. 

   The feces removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of any such pet in a sealed, nonabsorbent, leakproof container.  Disposition in a sanitary manner shall include taking the feces home for deposit, or wrapping the feces and placing in a trash can.  It shall not include burial, or disposal by placement in a storm sewer, or placing unwrapped feces in a trash can.  (Ord. #90-735, §1; Ord. #05-1174, §§3,5)

 

8-3.6    Defense of Violation. 

   It shall be a complete defense to violations of subsection 8-3.2, 8-3.3, and 8-3.4 of this section if a person shall have immediately removed such defecation and disposed of it in a sanitary manner.  (Ord. #90-735, §1)

 

8-3.7    Exemptions.

   Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose. (Ord. #90-735, §1; Ord. #05-1174, §4)

 

8-3.8    Violations and Penalties.

   Any person, firm or corporation who violates or neglects to comply with any provision of this section or any rule, regulation or directive promulgated pursuant thereto shall be liable, upon conviction, to the penalty stated in Chapter I, Section 1-5 et seq. (Ord. #90-735, §1; Ord. #05-1174, §6)

 

8-3.9    Enforcement. 

   In the event of a violation occurring on private property, a complaint can only be filed by the owner of said property.  In the event of such a violation occurring on public property, thoroughfares, walkways, or parks, a complaint can only be filed by any witness of such act.  (Ord. #90-735, §1)

 

8-3.10  Definitions.

   For the purpose of this section, 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.

Immediate shall mean that the pet solid waste is removed at once, without delay.

Owner/keeper shall mean any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.

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

Pet shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

Pet solid waste shall mean waste matter expelled from the bowels of the pet; excrement.

Proper disposal shall mean placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.

(Ord. #05-1174, §2)

 

 

8-4   POTENTIALLY DANGEROUS DOGS.

 

8-4.1    Definitions.

   As used in this section:

Animal Control Officer shall mean a Certified Municipal Animal Control Officer as defined in N.J.S.A. 4:19-15.1.

Department shall mean the Department of Health.

Dog shall mean any dog or dog hybrid.

Domestic animal shall mean any cat, dog or livestock other than poultry.

Potentially dangerous dog shall mean any dog or dog hybrid declared potentially dangerous by the Municipal Court pursuant to N.J.S.A. 4:19-23)

(Ord. #06-1197)

 

8-4.2    Seizure and Impoundment of Dog by Animal Control Officers; Grounds.

a.     The Animal Control Officer shall seize and impound a dog when the Officer has reasonable cause to believe that the dog:

1. Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person;

2. Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;

3. Engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or

4. Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals, or the likeness of persons or domestic animals.

b.     The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the Municipal Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.

        (Ord. #06-1197, §I)

 

8-4.3    Notice of Seizure and Impoundment; Determination of Identity of Owners;  Notice of Hearing; Return of Statement by Owner; Destruction of Dog.

a.     The Animal Control Officer shall notify the Municipal Court and the Municipal Health Officer immediately that he/she has seized and impounded a dog pursuant to N.J.S.A. 4:19-19, or that he/she has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The Animal Control Officer shall, through a reasonable effort, attempt to determine the identity of the owner of any dog seized and impounded pursuant to N.J.S.A. 4:19-19. If its owner cannot be identified within seven (7) days, the dog may be humanely destroyed.

b.     The Animal Control Officer shall, within three (3) working days of the determination of the identity of the owner of a dog seized and impounded pursuant to N.J.S.A. 4:19-19, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment, and that, if the owner so requests, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that within seven (7) days, the owner return, by certified mail or hand delivery, a signed statement indicating whether the owner requests the hearing to be conducted or, if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter, or does not reply to the certified letter with a signed statement within seven (7) days of receipt, the dog may be humanely destroyed.

        (Ord. #06-1197, §II)

 

8-4.4    Agreement Between Borough and Dog Owner; Settlement and Disposition; Liability of Borough; Legal Expenses.

Notwithstanding any provision in N.J.S.A. 4:19-17 et seq. to the contrary, the Borough and the owner of the dog may settle and dispose of the matter at any time in such manner and according to such terms and conditions as may be mutually agreed upon. Notwithstanding any provision of N.J.S.A. 4:19-19 to the contrary, neither the Borough nor any of its employees shall be liable by virtue of having entered into any settlement agreement pursuant to this action, or for any action of inaction related to the entry to such agreement, for any injuries or for any damages caused thereafter by the dog. The Borough may, as a condition of the settlement agreement, also require that the owner of the dog hold the Borough harmless for any legal expenses or fees the Borough may incur in defending against any cause of action brought against the Borough Notwithstanding the prohibition against such causes of action set forth in this action. (Ord. #06-1197, §III)

 

8-4.5    Findings to Declare a Potentially Dangerous Dog.

a.     The Municipal Court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:

1. Has killed a person and/or has caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack, or poses a serious threat of bodily injury or death to a person; or

2. Has killed another domestic animal, and:

(a) Poses a threat of serious bodily injury or death to a person; or

(b) Poses a threat of death to another domestic animal; or

(c) Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals, or the likeness of persons or domestic animals.

b.     A dog shall not be declared potentially dangerous for:

1. Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person if the dog was provoked; or

2. Killing a domestic animal if the domestic animal was the aggressor.

   For the purposes of paragraph b. of this subsection, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

(Ord. #06-1197, §IV)

 

8-4.6    Order and Schedule for Compliance for Potentially Dangerous Dog; Conditions.

   If the Municipal Court declares the dog to be potentially dangerous, it shall issue an Order and a Schedule for Compliance, which, in part:

a.     Shall require the owner to comply with the following conditions:

1.     To apply at his own expense to the Borough Administrator or other official designated to license dogs pursuant to N.J.S.A. 4:19-15.2, for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to subsection 8-4.10 of this section. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number and red identification tag.

2.     To display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from fifty (50') feet of the enclosure required pursuant to paragraph a,3. herein.

3.     To immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained, which has sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six (6') feet in height separated by at least three (3') feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude and release or escape of a potentially dangerous dog by any unsuspecting person. All potentially dangerous dogs shall be confined in the enclosure, or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the Animal Control Officer having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three (3') feet from the owner while under the direct supervision of the owner.

b.     May require the owner to maintain liability insurance in an amount as may be determined by the Municipal Court to sufficiently cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the Borough of Tinton Falls to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

c.     Allow the Animal Control Officer to inspect the enclosure and the owner's property at least monthly to determine continuing compliance with this section and any Order of the Court or condition of any Settlement Agreement which may be signed by the parties.

        (Ord. #06-1197, §V)

 

8-4.7    Procedures for Appeal.

   The owner of the dog or the Animal Control Officer, may appeal any final decision, order of judgment, including any conditions attached thereto, of the Municipal Court pursuant to N.J.S.A. 4:19-17 et seq., by filing an appeal with the Superior Court, Law Division, in accordance with the Rules Governing the Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction. (Ord. #06-1197, §V)

 

8-4.8    Liability of Owner for Costs of Impoundment and Destruction.

a.     If a dog is declared vicious or potentially dangerous and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the Borough for the costs and expenses of impounding and destroying the dog. The owner shall incur the expense of impounding the dog in a facility other than the municipal depository, regardless of whether the dog is ultimately found to be potentially dangerous.

b.     If the dog has bitten or exposed a person within ten (10) days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.

        (Ord. #06-1197, §V)

 

8-4.9    Right to Convene Hearing for Subsequent Actions of Dog.

   If the Municipal Court finds that the dog is not vicious or potentially dangerous, the Municipal Court shall retain jurisdiction to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog. (Ord. #06-1197, §VI)

 

8-4.10  Duties of Owner of Potentially Dangerous Dog.

   The owner of a potentially dangerous dog shall:

a. Comply with the provisions of N.J.S.A. 4:19-17 et seq. in accordance with a schedule established by the Municipal Court, but in no case more than sixty (60) days subsequent to the date of determination.

b.     Notice the licensing authority, the Police Department and the Animal Control Officer if a potentially dangerous dog is at large or has attacked a human being or killed a domestic animal.

c.     Notify the Licensing Authority, the Police Department and the Animal Control Officer within twenty-four (24) hours of the death, sale or donation of a potentially dangerous dog.

d.    Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous.

e.     Upon the sale or donation of a dog to a person residing in a different municipality, notify the licensing authority, Police Department and Animal Control Officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner.

f.     In addition to any license fee required pursuant to N.J.S.A. 4:19-15.3,  pay a potentially dangerous dog license fee to the Borough as may be provided by N.J.S.A. 4:19-31 and this section.

        (Ord. #06-1197, §VI)

 

8-4.11  Violations by Owner; Penalties; Enforcement; Seizure and Impoundment of Dog; Destruction by Order of the Court.

   The owner of a potentially dangerous dog, who is found to have violated this section or any rule or regulation adopted pursuant thereto, or to have failed to comply with a Court's Order or settlement agreement entered in a matter governed under this section shall be subject to a fine of not more than one thousand ($1,000.00) dollars per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The Municipal Court shall have jurisdiction to enforce this section. The Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of N.J.S.A. 4:19-17 et seq., or any rule or regulation adopted pursuant thereto, or a Court's Order or settlement agreement noted herein. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner. (Ord. #06-1197, §VII)

 

8-4.12  Potentially Dangerous Dog Registration Number, Red Identification Tag and License; Issuance; Telephone Number to Report Violations; Publicity.

   Upon notification of a determination by the Municipal Court as to a potentially dangerous dog, the Borough Administrator or other Municipal official charged with such licenses shall:

a.     Issue a potentially dangerous dog registration number and red identification tag along with a municipal potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he has complied with the Court's order. The last three (3) digits of each potentially dangerous dog registration number issued by the Borough will be a three (3) number code assigned to the Borough in the regulations promulgated pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify, in writing, compliance to the Borough Administrator.

b. Publicize a telephone number for reporting violations of this section. This telephone number shall be forwarded to the Department of Administration and any changes in this number shall be reported immediately to the Department of Administration.

        (Ord. #06-1197, §VIII)

 

8-4.13  Fee for Potentially Dangerous Dog License.

   Each person who shall own, possess, keep or harbor any potentially dangerous dog or dogs shall obtain an annual license for each dog and shall have the same registered and numbered with the Department of Administration, and for such license shall pay the sum of seven hundred ($700.00) dollars, as provided in N.J.S.A. 4:19-31, as a license fee for each and every potentially dangerous dog and renewal thereof. Said license fee shall be in lieu of any other license fee required pursuant to the Revised General Ordinances of the Borough of Tinton Falls. (Ord. #06-1197, §IX)

 

8-4.14  Inspection to Determine Continuing Compliance.

   The Animal Control Officer shall inspect the enclosure and the owner's property of any potentially dangerous dog at least monthly to determine continuing compliance with this section. (Ord. #06-1197, §X)

 

8-4.15  Deposit and Use of Fines and Fees.

   All fines and fees collected or received by the Borough pursuant to this section shall be deposited in a special account and used by the Borough to administer and enforce the provisions of this section. (Ord. #06-1197, §XI)

 

8-4.16  Inapplicability of this Section to Dogs Used for Law Enforcement Activities.

   The provisions of this section shall not apply to dogs used, or being trained to be used, for legitimate public sector law enforcement activities. (Ord. #06-1197, §XII)

 

8-5         FERAL CATS AND RELATED RESTRICTIONS.

 

8-5.1 Definitions.

Community Cat shall mean a cat that is unowned or loosely owned; community cats are comprised of both strays and feral cats.

Feral Cat shall mean any homeless, wild or untamed cat that is unsocialized to humans and has a temperament of extreme fear of, and resistance to, contact with humans.

Feral Cat Colony shall mean an individual or group of community cats that congregate.  Although not every cat in a colony may be feral, any non-feral cats that routinely congregate with a colony shall be deemed to be a part of it.

Nuisance shall mean disturbing the peace by:

a. Habitually or continually howling, crying or screaming; or

b.   The habitual and significant destruction, desecration or soiling of property against the wishes of the owner of the property.

Stray Cat shall mean a lost or abandoned former pet which may be suitable for home environments.

(Ord. No. 2019-1441)

 

8-5.2 Feeding of Feral Cats Prohibited.

   It shall be unlawful for any person, other than caregivers approved by and operating under a TNR Program established by the MCSPCA, to feed any feral cats in any manner in the Borough, whether on private or public property.  This section shall apply to the feeding of feral cats individually or in a feral cat colony, and also to the feeding of stray cats and community cats. (Ord. No. 2019-1441)

 

8-5.3 Nuisance Complaints.

Notwithstanding the other requirements of this section, the reporting and investigation of nuisance complaints under this section shall be handled by and through the MCSPCA. (Ord. No. 2019-1441)

 

8-5.4 General Restrictions.

   The restrictions within this section shall apply to all persons within the Borough, other than caregivers approved by and operating under a TNR Program established by the MCSPCA.

a.     The establishment of a feral cat colony in any area of the Borough is prohibited.

b.     No person may feed any community/feral/stray cat in any area of the Borough.

c.     No person may bring a feral or community cat from another municipality to create a feral cat colony within the Borough.

d.    No person shall purposely or knowingly leave or store any refuse, garbage, food product, pet food, fruit or grain in a manner that would constitute an attractant to any feral or community cat.

e.     A property owner shall be liable under this Section for any feeding of community/feral/stray cats on the owner’s property by any other person, including but not limited to any tenant(s) in the property.

(Ord. No. 2019-1441)

 

8-5.5    Enforcement.

   In the event of a violation occurring on private property, a complaint can only be filed by the owner of said property.  In the event of such a violation occurring on public property, thoroughfares, walkways, or parks, a complaint can only be filed by any witness of such act.  All such complaints shall be handled by and through the MCSPCA. (Ord. No. 2019-1441)

 

8-5.6 Violations and Penalties.

   Any person, firm or corporation who violates or neglects to comply with any provision of this section or any rule, regulation or directive promulgated pursuant thereto shall be subject to the appropriate penalties established by and through the MCSPCA. (Ord. No. 2019-1441)

 

 

8-6       RETAIL SALE OF DOGS AND CATS.

 

8-6.1 Definitions.

Animal care facility means an animal control center or an 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 means 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 means a member of the species of domestic cat, Felis catus.

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

Pet shop means 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.

Pet shop operator means a person who owns and/or operates a pet store.

(Ord. No. 2019-1442 § 2)

 

8-6.2 Restrictions on the Sale of Animals.

   As set forth in Chapter XL, “Land Use Regulations,” Appendix A (“District Use Regulations – Non-Residential Uses”), no pet shop shall sell, offer for sale, barter, auction, breed or otherwise improperly dispose of cats or dogs, or both, in the Borough.  Nothing contained herein shall prohibit an animal care facility, animal rescue organization, shelter, pound or other establishment from keeping, displaying, selling or otherwise transferring any cat or dog, or both, that has been seized, rescued or donated. (Ord. No. 2019-1442 § 2)

 

8-6.3 Violations and Penalties.

   Any person, firm or corporation who violates or neglects to comply with any provision of this section shall be subject to a fine of not more than two thousand ($2,000.00) dollars for each separate offense, or incarceration for a period of not more than ninety (90) days, or community service for a period of not more than ninety (90) days, or any combination of fine, imprisonment and/or community service, as determined at the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be subject to penalties as provided herein for each separate offense.  The violation of any one or more provisions of this section shall be subject to abatement summarily by a restraining order or by an injunction issued by a court of competent jurisdiction. (Ord. No. 2019-1442 § 2)

 

 

 

CHAPTER VIII ANIMAL CONTROL
Published by ClerkBase
©2019 by Clerkbase. No Claim to Original Government Works.