§ 9-8. REGULATIONS.
No person shall own, keep or harbor a dog in the Borough except in compliance with the provisions of this Chapter and the following regulations.
(Ord. #1015, § 10-8)
9-8.1 Wearing of Registration. All dogs for which licenses are required by the provisions of this Chapter shall wear a collar or harness with its regis tration tag securely fastened thereto.
(Ord. #1015, § 10-8.1)
9-8.2 Use of Registration Tags. 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.
(Ord. #1015, § 10-8.2)
9-8.3 Interference with Official Duties. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this Chapter.
(Ord. #1015, § 10-8.3)
9-8.4 Disturbing the Peace. No person shall own, keep, harbor or maintain any animal which habitually barks, cries, calls, or otherwise makes natural vocal sounds between the hours of 8:00 p.m. and 8:00 a.m.
(Ord. #1015, § 10-8.4)
(Ord. No. 137-10, § 1, 6-28-2010)
9-8.5 Running-at-Large. No person owning, keeping or harboring any dog shall permit it to run at large upon the public streets or in any public park, public building or other public place within the Borough.
(Ord. #1015, § 10-8.5)
9-8.6 Leashing of Dogs. No person owning, keeping or harboring any dog shall permit it to be on the public streets or in any of the public places of the Borough unless the dog is accompanied by a person over the age of twelve (12) years and is securely confined and controlled by an adequate leash not more than six (6′) feet long.
(Ord. #1015, § 10-8.6)
9-8.7 Property Damage. No person owning, keeping or harboring a dog shall permit it to do any injury or damage to any lawn, shrubbery, flowers, grounds or property.
(Ord. #1015, § 10-8.7)
9-8.8 Removal of Dog Feces (Pooper-Scooper Regulations). This section shall establish requirements for the proper disposal of pet solid waste in the Borough of Sayreville so as to protect the health, safety and welfare and to prescribe penalties for failure to comply with same.
a.
Definitions. For the purposes 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 Chapter 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 means that the pet solid waste is removed at once, without delay.
Owner or keeper means 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 means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
Pet means a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
Pet solid waste means waste matter expelled from the bowels of the pet; excrement.
Proper disposal means 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 disposed into a system designed to convey domestic sewerage for proper treatment and disposal.
b.
Requirement for Disposal. All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.
c.
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.
d.
Enforcement. The provisions of this article shall be enforced by the Police Department and Board of Health of the Borough of Sayreville.
e.
Violations and Penalty. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed one hundred ($100.00) dollars.
(Ord. #955-06, §§ 1—6)
9-8.9 Restraint of Dogs on Private Property. No person owning, keeping or harboring any dog shall permit it to run at large and unleashed on private property unless such dog is confined within a fenced-in area or adequately tethered to prevent said dog from roaming beyond the boundaries of the private property.
(Ord. #661-00, § 1)
9-8.10 Limit on Number of Boarded Domestic Animals.
a.
Definitions. As used in this subsection, the following words or phrases shall have the following meanings:
Owner means any person, corporation, firm or entity owning, keeping, containing, possessing or maintaining any dog or cat, or otherwise continually harboring or caring for any dog or cat for a period of time in excess of one (1) month in the Borough of Sayreville.
Property means any lot in any block in the Borough of Sayreville which contains a single-family residential dwelling; any commercial structure; any business structure; any unit in a townhouse or condominium complex; any unit in an apartment complex or any other legally recognized or de facto apartment/residential rental unit.
Dog or cat means any species in the genus of canis familiaris or felis catus which is over the age of seven (7) months.
Enforcement Officer means the Animal Control Officer, any licensed Health Officer, any Police Officer or any other person authorized by the laws of the State of New Jersey to enforce this subsection.
Continually Harboring or Caring. For the purposes of this subsection it shall be sufficient for the Enforcement Officer to establish that the owner has cared for or harbored a dog or cat for a period of time in excess of one (1) month. It shall not be necessary to the Enforcement Officer to establish that the care or harbor was continuous or uninterrupted provided the Enforcement Officer has established that the owner has acted to harbor or care for the dog or cat for a length of time in excess of one (1) month.
b.
Limitation. No owner may keep, contain, possess, maintain or otherwise continually harbor or care for more than five (5) dogs or cats or any combination thereof, on any property within the Borough of Sayreville. The limitations herein shall not apply to any Pet Shop, Animal Hospital, Kennel or other similarly licensed business establishment.
Penalty. Any owner found to have violated this subsection by a Court of competent jurisdiction shall be liable to the fines and/or penalties as specified in the General Penalty section of the Revised General Ordinances of the Borough of Sayreville.
(Ord. #664-00, §§ 1—3)
9-8.11 Tethering of Animals.
9-8.11.1 Definitions as Used in this Section.
a.
Tethering shall mean the restraining of an animal by the tying to any object or structure, including, without limitation, a house, tree, fence, post, garage, weight or shed, by any means, including, without limitation: rope, cord, leash or running line, but shall not include the use of a leash used to walk the animal or to forms of restraint used in the transportation of an animal.
(Ord. No. 344-16 , 9-26-2016)
9-8.11.2 Tethering of Dogs.
a.
It shall be unlawful for any person to tether, fasten, tie, restrain or cause an unattended dog to be fastened, tied or restraining to houses, trees, fences, garages, stakes or other stationary or highly immobile objects by means of a rope, strap or other physical restraint for the purpose of confinement, except in circumstances where all of the following requirements are satisfied:
1.
The tethering is for a total of no more than seven (7) hours within a twenty-four (24) hour period, with a maximum of four (4) hours at any one (1) interval and a minimum one (1) hour period between confinements.
2.
The tether is attached to the dog by a non-choke type collar, swivels at both ends and attached to the stationary object by anchors, latches or similar devices in a manner which the dog is able to move freely and prevents the tether from becoming entangled around the dog or any object so as to limit the dog's freedom within the tethered area or to prevent the dog or any of its appendages, from becoming entangled by the tether.
3.
The tether shall be of a type commonly used for the size of the dog involved.
4.
The construction of the tether shall be of a lightweight, yet durable material, shall not exceed twenty (20) percent of the animal's weight, and may not be thicker than one-eighth ( 1/8 ) inch. No dog shall be tethered by means of a choke-type, pinch-type, prong-type or improperly fitting collar.
Tethers shall be affixed to dogs via appropriate collars and/or body harnesses.
5.
The tether must be a minimum of fifteen (15) linear feet in length, less than six (6) feet above the ground, and shall remain tangle free.
6.
The tethered dog has easy access to potable drinking water, edible food, dry ground, and adequate shade and/or shelter within the tethering area.
7.
The tethering area shall be clean, clear of obstructions and/or debris and no less than one hundred fifty (150) square feet per dog in total area.
8.
The dog, whether used for companionship, hunting, farming, breeding, or is an otherwise working dog, is regularly monitored while tethered for the aforementioned period of time.
b.
Chains shall be prohibited for use as a tethering device.
c.
If there are multiple dogs, each dog shall be tethered separately and in such a manner that the tethers shall not become entangled with each other.
d.
No dog shall be tethered within five (5) feet of another person's property, public thoroughfare, and/or right-of-way.
e.
No dog shall be tethered at a vacant structure or premises for any purpose when it is not monitored by a competent adult who is present at the property for the duration of such tethering.
f.
Dogs that are not spayed or neutered shall not be tethered for any period of time.
g.
No dog under the age of one (1) year or under twenty (20) pounds shall be tethered.
h.
No dog that is sick or injured shall be tethered.
i.
No dogs shall be tethered between the hours of 10:00 p.m. and 6:00 a.m.
(Ord. No. 344-16 , 9-26-2016)
9-8.11.3 Restrictions on Leaving Animals Outdoors.
a.
It shall be unlawful for any person to leave any animal outdoors and unattended for a continuous period of time greater than one-half (½) hour if the National Weather Service has issued weather alerts or storm warning, or if the temperature during such period is either below thirty-two (32°) degrees Fahrenheit or above eighty-five (85°) degrees Fahrenheit. The animal shall be considered outside regardless of access to an outdoor doghouse or similar structure, unless such structure is a properly functioning climate-controlled and weather-resistant structure.
b.
No animal shall be left outside during snow storms, ice storms or thunderstorms.
(Ord. No. 344-16 , 9-26-2016)
9-8.11.4 Collars.
a.
It shall be unlawful for any person to collar an animal with a choke-type collar, prong-type collar, pinch-type collar, or rope.
b.
The collar must be at least as large as the circumference of the animal's neck plus one (1) inch and cannot be constructed primarily of metal.
(Ord. No. 344-16 , 9-26-2016)
9-8.11.5 Prohibited Activities and Treatment.
a.
No owner, caretaker, guardian or handler shall withhold proper shelter, light, space, protection from weather, veterinary care, and/or immune care from any animal.
b.
No owner, caretaker, guardian or handler shall fail to provide his or her animal with sufficient edible food and potable drinking water on a daily basis. Food and water must be in an animal food consumption or water consumption type container, feeder or waterer.
c.
No animal shall be subjected to unnecessary suffering or cruelty such as subjecting the animal to prolonged confinement, fear, injury, pain or physical abuse. Interaction with humans and other animals shall not be unreasonably withheld.
d.
No animal shall be confined in a parked or standing vehicle or enclosed trailer for a period of fifteen (15) minutes or more when the temperature during such period is either below thirty-two (32°) degrees Fahrenheit or above eighty-five (85°) degrees Fahrenheit.
(Ord. No. 344-16 , 9-26-2016)
9-8.11.6 Outdoor Animal Enclosures.
a.
Animals shall be provided access to an enclosure/structure which protects them against inclement weather, is water resistant and keeps them dry, provides shade from direct sunlight, and allows them to preserve a normal body temperature.
b.
Animals shall not be housed on a temporary or permanent basis in any enclosure/structure constructed of metal, unless adequately insulated from inclement weather.
c.
If there are multiple animals, each animal shall be provided with a separate enclosure/structure, except as provided for under this chapter.
d.
Outdoor animal enclosures, including pens, doghouses, or other similar structures shall be soundly constructed, safely and properly positioned on a raised platform, and properly maintained. The top of the enclosure shall be covered to provide the animal with shade and protection from the elements. The floor of the enclosure shall be constructed in such a manner that it protects the animals feet and legs from injury.
e.
Pet Taxis, plastic carriers, boxes, vari-kennels or metal houses shall not be acceptable as adequate outdoor enclosures.
f.
Outside animal enclosure shall be no less than four (4) feet in height, no less than sixty-four (64) in square footage, and must allow for the animal to freely turn around, stand, sit, or lie in a normal position. The animal must be able to lie down while fully extended without the animals' head, tail, legs, face, or feet touching any side of the enclosure. The interior height of the enclosure shall be at least six (6) inches higher than the head of the animal in the enclosure when it is in a normal standing position.
g.
Outdoor animal enclosures shall contain bedding such as straw or other absorbent material in a sufficient quantity to provide adequate insulation for the structure. Bedding shall be maintained in a dry condition and renewed or changed as necessary.
h.
Outdoor animal enclosure shall be kept dry, clean, and free of animal waste.
(Ord. No. 344-16 , 9-26-2016)
9-8.11.7 Enforcement.
a.
In addition to imposing penalties set forth in this chapter, and not withstanding other seizure and impounding sections of this chapter, any Officer or Agent authorized or empowered to enforce and perform any duty under this chapter is hereby authorized to go upon any premises and seize for impounding any animal when such Officer reasonably believes that any provision of this chapter has been violated, except upon the premises of the owner of the animal if the owner is present and forbids the entry of the Officer or Agent, then a warrant shall issue according to law at the request of such Officer or Agent.
b.
Prior to seizing any animal under this article, such Officer or Agent shall provide written Notice to the owner, either in person or by posting such written Notice upon the premises of the nature of the violation, and such
c.
Notice shall contain an Order to bring the violation into compliance with twenty-four (24) hours of receipt of such notice.
(Ord. No. 344-16 , 9-26-2016)
9-8.11.8 Notice of Seizure and Impoundment.
a.
If an animal has been seized for impounding then the Officer or Agent shall notify the Municipal Health Officer immediately that he/she has seized and impounded the animal. If the identity of the owner is not known, then the Officer shall through a reasonable effort attempt to determine the identity of the owner of any animal seized and impounded pursuant to Section 9-7.3. If its owner cannot be identified within fourteen (14) days, then that animal shall be made available for adoption.
b.
Any owner of any animal removed under this article may regain possession of the animal within fourteen (14) days upon an adequate showing to the confiscating Officer or Agent that the violation has been brought into compliance. Should an owner fail to adequately show that the violation has not been brought into compliance within fourteen (14) days, then said animal shall be made available for adoption.
(Ord. No. 344-16 , 9-26-2016)
9-8.11.9 Penalties.
a.
The owner of a seized animal who is found by clear and convincing evidence to have violated this article, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a Court's order shall be subject to a fine of not less than two hundred ($250.00) dollars nor 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.
b.
Any fines or penalties imposed under this article shall be in addition to and not in lieu of any fines or penalties set forth in this chapter or pursuant to any other applicable law.
(Ord. No. 344-16 , 9-26-2016)