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ORDINANCE 2015-16 Dog Tethering

ADOPTED: July 7, 2015

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN AND STATE OF NEW JERSEY, REPLACING SECTION 7.6. OF CHAPTER VII ENTITLED LICENSING OF DOGS TO ADD PROVISIONS REGULATIING THE TETHERING OF DOGS

WHEREAS, the Mayor and Council of the Borough of Point Pleasant Beach have recognized the need to restrict the tethering of dogs;

NOW, THEREFORE, BE IT ORDAINED, by the Borough of Point Pleasant Beach, County Of Ocean, State of New Jersey, as follows:

SECTION I. Section 7-6.6 of Chapter VII of the Borough Code shall be replaced with the following:


a. No person owning, keeping or harboring any dog shall permit it to be upon the public streets or in any of the public places of the Borough of Point Pleasant Beach, except as permitted in subsection 7-6.8 of this chapter, unless such dog is accompanied by a person capable of controlling it and is securely confined and controlled by an adequate leash not more than six feet long.

b. It is unlawful to chain or tether unneutered/un-spayed dogs in any manner and/or at any time within the Borough.

c. Neutered/Spayed dogs may be tethered under the following circumstances:

1. The tether must be at least fifteen (15) feet long and have an operative swivel on both ends, weigh no more than 1/8 of the dog's weight and be attached to a properly fitted collar or harness.

2. The collar used for tethering may not be a choke chain collar, slip collar or prong collar.

3. The tether must allow the dog access to proper shelter, sufficient food and sufficient water.

4. The tether may not be used in any area where it may be tangled around an object, such as, but not limited to, a tree, pole, fence or stake.

5. The tether cannot inhibit the movement of the animal's limbs or cause injury, harm, entanglement or strangulation.

6. The tether must restrain the dog within the bounds of the owner’s or custodian’s property.

7. The tether must terminate no less than five (5) feet from any fence, pool, wall, vehicle, tree or roadway, or other object or obstruction upon which the animal might harm itself.
8. Dogs may be tethered for no more than six (6) consecutive hours in any twenty-four hour period of time and never between sunset and sunrise.

9. 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.

10. 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.

11. No dog that is sick or injured shall be tethered.


d. When a violation of this provision occurs, an animal control officer or law enforcement officer is authorized to document the circumstances, and obtain evidence.

e. Dog shelters shall be a suitable size to accommodate the dog in both standing and lying positions.

f. It shall be moisture-proof, windproof, ventilated and in cold temperatures shall promote the retention of body heat.

g. It shall be made of durable material with a solid, moisture-proof floor raised at least two (2) inches from the ground.


h. It shall have a sufficient quantity of clean bedding material consisting of hay, straw, cedar shavings, or equivalent to provide insulation and protection against cold and dampness.

i. Drinking water is available in a clean, liquid state. Snow or ice is not an acceptable water source.

j. The doghouse or similar structure and the surrounding area shall be free from excessive dirt, trash and waste.

k. For temperatures below 32 degrees Fahrenheit, the doghouse or structure shall have a wind break at the entrance.

l. For temperatures above 85 degrees Fahrenheit, all dogs must be afforded one or more separate areas of shade large enough to accommodate the entire body of each dog and protect them from the direct rays of the sun.

Any person, whether as owner or custodian of a dog, convicted of a violation of any of the provisions of this section shall be, upon conviction of any of the provisions hereof, subject to a fine or penalty for the first offense of $100.00, a second offense shall be a fine of $200.00, and the third offense a fine of $300.00. For subsequent offenses, there may be a permanent surrender of the dog if recommended by Animal Control and ordered by the municipal court.

SECTION II. All ordinances or parts thereof which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of their inconsistencies.

SECTION III. In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.

SECTION IV. This Ordinance shall take effect upon publication as required by law.

SECTION VI. The Borough Clerk is hereby directed, upon adoption of the Ordinance after public hearing thereon, to publish notice of the passage thereof and to file a copy of this Ordinance as finally adopted as required by New Jersey law.



NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 23rd day of June 2015 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 7th day of July, 2015 at 7:30 P.M. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place a person desiring to be heard will be given opportunity to be heard.

________________________Eileen Farrell, R.M.C.
Municipal Clerk


Published June25, 2015 | New Ordinances | 2126


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