ORDINANCE OF THE TOWNSHIP COUNCIL, TOWNSHIP OF TOMS RIVER, OCEAN COUNTY, NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 383 (PARKS, MUNICIPAL) OF THE TOWNSHIP CODE TO ESTABLISH REGULATIONS GOVERNING TOWNSHIP DOG PARKS BE IT ORDAINED by the Township Council, Township of Toms River, Ocean County, New Jersey, as follows: 1. Chapter 383 (Parks, Municipal) of the Township Code is hereby amended and supplemented to establish a new Article VIL entitled “Toms River Dog Parks,” providing as follows: Article VI Toms River Dog Parks §383-23. Assumption of risk; waiver. A. The Toms River dog parks are unsupervised facilities. Patrons use the facility at their own risk and the risk of their dogs. The Township of Toms River does not assume any responsibility for damage or injuries resulting from the use of the facility. B. All users of the park must execute, on a form promulgated by the Township, an acknowledgment of risk and waiver and release of all claims. Failure to execute this form precludes use of the skatepark. §383-24, Rules and Regulations. A. Patrons must have a valid permit issued by the Department of Recreation. B. All dogs must be validly licensed. C. A two-dog per person limit applies. D. The maximum number of dogs at one time is 20. E. When others are waiting, use time is limited to 30 minutes. F. Patrons are responsible at all times for the behavior and safety of their dogs and should be conscious and considerate of other patrons and dogs. Dogs must be controlled and attended at all times. G. Puppies under six months old are prohibited. H. Dogs must be leashed prior to entering and upon leaving the area. Patrons must remain with their dogs at all times and must carry a leash for each dog at all timesI. Patrons must being a water bow! or other form of hydration for their dogs. J. Dogs must wear collars displaying valid licenses at all times. Choke and spike collars are prohibited. K. Dogs must have current rabies and other vaccinations. L. Non-neutered male dogs and female dogs in heat are prohibited M. Sick and aggressive dogs are prohibited. N. Owners must clean up after their dogs. ©. No dog treats, human or dog food, or toys are permitted. P. Chairs are prohibited. Q. Children under 14 years old must be accompanied by an adult. R. Dogs must be under voice control. §383-25. Hours of operation. Dog parks are operational from 6:00 am to dusk seven days per week. The Department of Recreation may adjust these times or close the park due to weather and other conditions. §383-26. Permit; fees. A. Patrons must annually apply for and obtain a permit from the Department of Recreation for access to and use of the dog park. Separate permits are required for each dog. B. Applicants must execute the waiver from required pursuant to §383- 23B as a pre-requisite to issuance of the permit. C. Without the required permit, use of the dog park is prohibited. D. Copies of the dog park rules and regulations shall be provided by the Department of Recreation along with the issuance of the identification tag. E, The initial series of permits shall be valid through December 31, 2023. Thereafter, permits shall be valid on a calendar-year basis and renewable each January 1. F. The permit and other fees for the dog park shall be established annually by the Director of Recreation. lll fees established pursuant to this provision, and any increases or reductions thereto, must be approved by the Business Administrator, the Chief Financial Officer, and by resolution of the Township Council.§383-27. Signage. Signs depicting the rules and regulations established hereunder shall be prominently displayed at the entrance of and at certain points inside the dog parks. §383-22. Violations; penalties. A. Violations of any of the rules and regulations established pursuant to this Article may result in closure of the facility. B. Persons who violate the rules and regulations established pursuant to this Article may be ejected or temporarily or permanently banned. C. Persons who violate the rules and regulations established pursuant to this Article are subject to prosecution and to the maximum fines and penalties imposed pursuant to N.J.S.A. 40:49-5 and N.I.S.A. 40:69A- 29, and any subsequent amendments to those statutes, for each offense. 2. All other provisions of Chapter 383 remain in full force and effect. 3. All ordinances or parts of ordinances which are inconsistent herewith are repealed, but only to the extent of the inconsistency. 4, If any part of this ordinance is invalidated, pre-empted, or | superseded by any state or federal law, regulation or judicial decision, that provision shall be severed and the remainder of the ordinance shall remain in full | force and effect. 5. _ This ordinance shall take effect following its final passage by the Township Council, approval by the Mayor, and 20 days after publication as required by law. L-Sep 28, 2022-19TOMS RIVER TOWNSHIP NOTICE ORDINANCE OF THE TOWNSHIP COUNCIL, TOWNSHIP OF TOMS RIVER, OCEAN COUNTY, NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 383 (PARKS, MUNICIPAL) OF THE TOWNSHIP CODE TO ESTABLISH REGULATIONS GOVERNING TOWNSHIP DOG PARKS PURPOSE: AMENDING AND SUPPLEMENTING CHAPTER 383 (PARKS, MUNICIPAL) OF THE TOWNSHIP CODE TO ESTABLISH REGULATIONS GOVERNING TOWNSHIP DOG PARKS NOTICE IS HEREBY GIVEN that the ordinance published herewith was introduced and passed upon first reading at a meeting of the Township Council of the Township of Toms River, in the County of Ocean, New Jersey, held on September 28, 2022 at 6:00 p.m. It will be further considered for final passage at a public meeting to be held in the L. Manuel Hirshblond Meeting Room of the Municipal Building in said Township on October 12, 2022 at 6:00 p.m., or as soon thereafter as this matter can be reached, at which time all persons interested shall be given an opportunity to be heard concerning this ordinance. Prior to the second reading, a copy of this ordinance shall be posted on the bulletin board in the Municipal Building and copies shall be made available at || the Township Clerk’s Office in said Municipal Building to members of the general public who shall request such copies. MICHAEL CRUOGLIO DEPUTY TOWNSHIP CLERK APPROVED AS TO FORM: / ANTHONY MERLINO ASSISTANT TOWNSHIP ATTORNEY MUNICIPAL BUILDING 33 WASHINGTON STREET TOMS RIVER, NJ 08753 L-Sep 28, 2022-19-NOTICEPatricia Frost From: Anthony Merino Sent: ‘Thursday, September 22, 2022 12:44 PM To: Patricia Frost Attachments: DogParkOrdinance.docx ANTHONY MERLINO Saveol . Assistant Township Attorney Ordinances -Ch, 383 Township of Toms River Department of Law L Sp 2B 2022-19 33 Washington Street Toms River, New Jersey 08753 | Sep28, 202249- moTice Phone: (732) 341-1000, Ext. 8213 Fax: (732) 736-6854MEL SAFETY INSTITUTE BULLETIN June 2021 Off-Leash Dog Parks ik Control Best Practices A well-placed and well-maintained off-leash dog park is an amenity that can be enjoyed by many residents, both dog owners and dog lovers. To take full advantage of this public offering, the Safety Director offers the following best practices. Location & Layout ~ Choose a site with the following advice in mind: The size of the dog park should be as large as feasible. Larger parks minimize overcrowding which can cause fearfulness, aggression, or other undesirable reactions in the dogs. However, the owner of the park must be able to adequately maintain the size of the space. Separate parks for small and larger dogs are recommended. Avoid locating the park immediately adjacent to residential areas. If the park must be located close to a residential area, consider creating noise buffers such as shrubbery, fencing or earthen berms. Avoid conflicts with environmental concems such as disturbing wildlife, run-off, and other sensitive areas. The chosen site should have a water source and a source of electricity if the park will be open into the evening. Lighting could present a challenge to neighbors Consider assembling an ad hoc committee consisting of local veterinarians and dog clubs. Park Features & Amenities Ensure adequate parking adjacent to the park and accessibility for individuals with disabilities, and maintenance vehicles. Drinking water and shade ~ Dogs cannot cool themselves as efficiently as humans and should have access to drinking water and shade. Dogs play strenuously in dog parks and if there is no water available, dogs may suffer from heatstroke, which can be fatal. Additionally, there should be shady areas where dogs can lay down, cool themselves, and rest before continuing their play. Electricity is recommended if the hours of operation extend into the evening. A 6-foot high perimeter galvanized or vinyl-coated chain link fence is recommended by the American Kennel Club and several veterinary associations. The American Pet Dog Trainers recommend avoiding ‘90% corners to help timid dogs feeling ‘comered’ by overly enthusiastic or aggressive dogs. Fences should be provided with a double gated entry to allow owners to unleash the dog(s) before entering the open park area. Two or three entrances are preferable. Entrances should be visually shielded from dogs that are already in the park. Dogs tend to gather at entrances and exits, arousal goes up, and incidents can easily occur. Materials for cleaning up after dogs (bags and garbage cans) are essential for basic good health for both dogs and humans. Many canine diseases are spread through feces, and feces attract insects which can spread disease to humans.Safety of the dogs and people rank as the primary concer of park managers and owners. The Safety Director recommends the following rules be predominately posted in the parking lot and at the entrance(s) to the parks) Ve Park hours v/* Owners are responsible for their dogs and any injuries caused by them v® Owners are responsible for cleaning up after their dogs. J Dogs must be properly licensed and current on all vaccinations. Female dogs in heat are not permitted in the park. © Children under 14 years old must be accompanied by an adult. Children should always be closely supervised by a responsible adult. Consider not permitting children under 8 years old in the dog park. uist Carry their leash on them atal No more than 3 dogs per adult user “we % Dogs that are aggressive to other dogs or people are prohibited from the park. /* hogs must be on-leash until inside the First gate ofthe entrang ‘Dog food, treats, and toys are not permitted in the dog parl Contact information for maintenance concems or emergency situations. Information Signs ~The Safety Director recommends the following advice from dog professionals be posted in gathering areas in the park. This may help educate users on dog behaviors, leading to a more successful park. Dog(s) bullying another dog — Although this will happen occasionally, if it occurs often, aggressive and / ot fearful behaviors are more likely to develop in some dogs because of exposure to the dog park. Individual dogs may bully a dog that they perceive to be weaker or more submissive. Please be on the lookout for this type of behavior and do not allow it to continue. By stopping the behavior, you are teaching your dog how to behave appropriately in a social situation, © Aggressive, overly assertive, overly unruly, and under-socialized dogs should not utilize the park. A dog that displays such forcefiul behavior, even before aggressive to the point of fighting with other dogs, can cause other dogs to become excessively fearful. Please monitor your dog so all dogs can enjoy the park ‘Young puppies or fearful dogs are discouraged from utilizing the park, as they may be made more fearful by highly assertive dogs, highly interactive dogs, or rough play. A fearful dog may snap or bite as a way of defending itself, and perhaps develop problems that can be seen outside of the confines of a dog park. © Dogs forming loose packs - If dogs begin forming loose packs and no one breaks them up, there is a potential for serious behavior problems. These dogs may gang up on weaker dogs and may even physically attack them. If, on a regular basis, the dogs (particularly if they are always the same dogs) continue to pack together, owners should take steps to disrupt ‘pack behavior" in their dog. ‘© Children and dogs thrive together. However, in a dog park, children should be taught certain ‘home’ behaviors may be misinterpreted by strange dogs. Do not assume that just because your child is "used to” getting knocked over by a dog, that your child is safe with unfamiliar dogs. Children should not: 2 Get involved in dog play. > Feed unfamiliar dogs and should NEVER take anything from a dog's mouth. > Approach unfamiliar dogs without the owner's permission. > Yell or do anything that will excite the dogs. Please contact your Safety Director if you have additional questions. Q loos pa (Leal