[Adopted 9-3-1968 (Ch. 90, Part 1, of the 1987 Code)]
The following definitions shall be applicable to all provisions of this Article II:
ANIMAL CONTROL OFFICER
The person from time to time holding the position of Animal Control Officer in the Town of Belvidere, and any deputy assistant or helper of such officer, and any person or persons designated from time to time as Acting Animal Control Officers.
[Added 3-19-1990 by Ord. No. 90-4]
AT LARGE
Off the premises of the owner and not under control of a member of his immediate family or in custody of another either by leash, cord or chain or otherwise as in the case of obedience-trained dogs.
BITE
To seize with the teeth or jaws so as to enter, nip or grip the person or thing seized; also to cut, wound, pierce or to impress deeply the person or thing seized.
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.[1]
KENNEL, COMMERCIAL
An establishment, licensed as a commercial kennel under this Chapter 163, in which there is kept or maintained five or more dogs of a licensable age, but no more than 10 dogs of a licensable age, and wherein or whereupon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop or veterinary office. A maximum of three such commercial kennels shall be permitted in the Town of Belvidere; provided, however, that the property upon which the commercial kennel is established must first comply with local Land Development and Zoning Ordinances.[2]
[Amended 10-7-1996 by Ord. No. 96-10]
OWNER
When applied to the proprietorship of a dog, includes every person having a right of property in such dog and every person who has such dog or other animal in his or her keeping. A person shall be deemed to have a dog in his keeping whenever the ownership or custody of any dog is in an unemancipated infant or other member of his or her household.
OWNER'S PREMISES
Includes the building and the plot of land on which said building stands in which the owner of a dog has a place of abode or place of business in the Town.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
POTENTIALLY DANGEROUS DOG
Any dog as defined in this section which:
[Added 9-7-2004 by Ord. No. 2004-12]
A. 
Has caused bodily injury as defined in N.J.S.A. 2C:11-1a to a person during an unprovoked attack, and which poses a serious threat of bodily injury or death to a person;
B. 
Killed another domestic animal and:
(1) 
Poses a threat of death to another domestic animal; or
(2) 
Poses a threat of death to another domestic animal; or
(3) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
TOWN
The Town of Belvidere in the County of Warren.
VICIOUS DOG
Any dog as defined in this section which:
[Amended 9-7-2004 by Ord. No. 2004-12]
A. 
Has killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1b to a person;
B. 
Has engaged in dog-fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26.
[1]
Editor's Note: The definition of "dog warden," which previously followed this definition, was repealed 3-19-1990 by Ord. No. 90-4.
[2]
Editor's Note: See Ch. 318, Land Development, and Ch. 505, Zoning.
[Amended 3-19-1990 by Ord. No. 90-4; 9-7-2004 by Ord. No. 2004-12]
A. 
The position of Animal Control Officer is hereby established under the jurisdiction of the Police Department. The Animal Control Officer shall be an employee of the Town of Belvidere and subject to the control and direction of the Chief of Police or other officer from time to time in charge of the Police Department. The duties of the Animal Control Officer shall be governed by relevant state law and the provisions of this Code.
B. 
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 defined in N.J.S.A. 2C:11-1a to that person.
(2) 
Caused bodily injury as defined in N.J.S.A. 2C:11-1a 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 4:22-26.
(4) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
C. 
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.
D. 
The Animal Control Officer shall also inspect, at least monthly, the enclosure and the property of an owner of a potentially dangerous dog to determine compliance with a Municipal Court order as provided in § 163-19.
[Amended 3-19-1990 by Ord. No. 90-4; 9-7-2004 by Ord. No. 2004-12]
No person shall keep within the limits of the Town of Belvidere any vicious dog. Any vicious dog found within the limits of the Town of Belvidere shall be seized by any police officer or by the Animal Control Officer and shall be impounded for further disposition as herein specified; provided, however, that if any dangerous, fierce or vicious dog is found at large and cannot be seized, taken up and impounded, such dog may be slain by any police officer.
[Amended 12-1-1980 by Ord. No. 80-6; 10-7-1996 by Ord. No. 96-10]
No person shall keep or harbor or suffer the keeping or harboring within the limits of the Town of Belvidere of any dog without first obtaining a license therefor, to be issued by the Town Clerk of the Town of Belvidere upon application by the owner or some person on behalf of the owner and payment of the prescribed fee, and no person shall keep or harbor any dog in said Town except in compliance with the provisions of this article and the provisions for the control of dogs contained in N.J.S.A. 4:19-15.1 through 4:19-15.29, inclusive, and any amendments thereof. Licenses for not more than four dogs for any one household may be issued for the same period. Any additional dog shall make the person or persons owning or harboring it liable for owning or harboring an unlicensed dog unless such person or persons shall be the holder of a commercial kennel or pet shop license.
[Amended 8-3-1987 by Ord. No. 87-11]
A. 
Any person who shall own, keep or harbor or suffer the keeping or harboring of any dog of licensing age within the Town of Belvidere shall annually apply for and procure from the Town Clerk a license and official registration tag for each dog so owned, kept or harbored and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.
B. 
Any owner of a potentially dangerous dog as defined herein shall annually apply for and procure from the Municipal Clerk 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 or she has complied with all of the provisions of a court order in respect to the dog as hereinafter specified. The Animal Control Officer shall verify, in writing, compliance to the Municipal Clerk or other official designated to license dogs.
[Added 9-7-2004 by Ord. No. 2004-12]
[Amended 8-3-1987 by Ord. No. 87-11]
A. 
The person applying for this license and registration tag shall pay a fee of $10 for each dog that has been spayed/neutered and $15 for each dog that has not been spayed/neutered. One dollar shall be sent to the New Jersey State Board of Health for rabies control pursuant to the provision contained in N.J.S.A. 4:19-15.11 and any amendments thereof, and the remaining balance of said fee shall be retained by the Town of Belvidere for the Animal Control Account. For each annual renewal, the fee for the license shall be the same as for the original license, and said license, registration tags and renewals thereof shall expire on June 30 in the year stated on the license. The aforementioned fee shall not apply to dogs which have been acquired by the owner after July 1. Dogs used as guides for blind persons and commonly known as "seeing eye dogs," or dogs used to assist deaf persons and commonly known as "hearing dogs," shall be licensed and registered as other dogs herein above provided for, except that the owner or keeper of such dogs shall not be required to pay any fee therefor. The owner of any newly acquired dog of licensing age shall make application for such license and registration tag for such dog within 10 days after such acquisition or age attainment.
[Amended 11-2-1981 by Ord. No. 81-15; 6-1-1992 by Ord. No. 92-08; 5-15-2006 by Ord. No. 2006-10; 3-15-2010 by Ord. No. 2010-04]
B. 
Any dog owner or person harboring a dog found to have an unlicensed dog by the Belvidere Animal Control Officer, dog canvassers or any other municipal official after July 1 shall be required to pay an additional delinquent fee of $5 per month for every month after July 1 that the delinquency continues, plus the required license fee as provided in this article, for the dog license, together with any other fines due to summons issued that may be imposed on them, as provided in this Article II, for failure to obtain a dog license before July 1. The aforementioned fee shall not apply to dogs which have been acquired by the owner after July 1, for which the license fee shall be imposed on them, as provided in this Article II, for failure to obtain a dog license before July 1. The owner, however, must present sufficient proof to establish that said dog was acquired after July 1.
[Added 4-12-1970; amended 3-19-1990 by Ord. No. 90-4; 10-3-1994 by Ord. No. 94-12; 5-15-2006 by Ord. No. 2006-10]
C. 
Any owner of a potentially dangerous dog as defined herein shall pay a license fee of $300 annually and for each renewal thereof. The license fee herein shall be in addition to the license and delinquency fees set forth in Subsections A and B of this section.
[Added 9-7-2004 by Ord. No. 2004-12]
[Amended 12-1-1980 by Ord. No. 80-6; 10-7-1996 by Ord. No. 96-10]
A. 
No owner of any dog shall suffer or permit such dog to be at large upon any private property or the park owned by the County of Warren located in front of the Warren County Court House, Warren County, State of New Jersey, other than the premises of the owner, without the consent of the owner or tenant of such private or county property, with the exception of guide dogs used by the blind in the county park.
B. 
Any dog off of the premises of the person owning, keeping or harboring it shall be accompanied by a person who is capable of controlling it and who has the dog securely confined and controlled by an adequate leash not more than six feet long; except that the use of unleashed hunting dogs in permitted areas in the pursuit of legal game during such seasons as are established by the state, and the training or exercising of unleashed hunting dogs and other seasons, shall be permitted provided that the dog is accompanied by and under the control of an adult owner, custodian or trainer.
C. 
No person owning, keeping or harboring a dog shall permit the same or suffer it to inflict any bodily injury upon any person not on his property or to cause any damage to any lawn, shrubbery, flowers, grounds or property of persons other than the owner or person having the care, custody or control of such dog or to inflict injury on any animals owned by any other person other than the owner or person having the care, custody or control of such dog.
D. 
All persons owning or keeping a dog are hereby prohibited from allowing said dogs to defecate in any public place or on private property not owned by said owner or keeper, unless said dog owner immediately removes, in a satisfactory manner, in a sealed, nonabsorbent, leakproof container, the excrement from the place where it was deposited by his or her animal. In the event of joint ownership of a dog, either or both owners of said dog are responsible for removing the excrement deposited by said dog in a place prohibited under the terms of this section.
E. 
Any person who shall own, keep or harbor a dog or cat shall, whenever such dog or cat has inflicted a bite on any person, immediately report, within 24 hours, said bite to the local health officer or his representative and quarantine the animal for a period of not less than 10 days in the home or at a place designated by the local health officer or his designated representative. During confinement or at the conclusion of the 10 days, the animal shall be examined by the local health officer, his designated representative or a qualified veterinarian. Following the issuance of a veterinarian's certificate to the local health officer indicating the dog's or cat's condition, said officer shall then forward a copy of such certificate to the victim or his examining physician. A copy of such certificate shall be forwarded regardless of whether or not the report from the veterinarian is positive or negative.
F. 
Any dog owner violating the terms of this section shall be subject to a fine of $50 for the first offense, a fine of $75 for the second offense, and a fine of $100 for the third offense, and, for the fourth and any subsequent violation, shall be subject to a mandatory court appearance and such fine which the Municipal Court Judge deems appropriate.
[Amended 10-20-2003 by Ord. No. 2003-11]
[Amended 3-19-1990 by Ord. No. 90-4]
The Animal Control Officer of the Town of Belvidere, when in immediate pursuit of a dog or dogs which he may lawfully seize or impound under the provisions of this article or under the statutes of the State of New Jersey, is hereby authorized to go upon or enter into any premises, but not to enter an inhabited dwelling house without permission of the owner, to seize such dog or dogs for impounding, and such entry shall not be deemed a trespass, except that he may not go upon any premises if the owner thereof or the owner's representative is present and forbids him to do so. A suitable animal pound or equivalent facilities shall be provided by the Town of Belvidere, and it shall be the duty of the Animal Control Officer to clean and otherwise take care of said pound or facility and to feed regularly and give other necessary care to any and all animals impounded therein.
[Amended 3-19-1990 by Ord. No. 90-4; 9-7-2004 by Ord. No. 2004-12]
It shall be the duty of the Animal Control Officer to apprehend and take into custody and impound or cause to be taken into custody and impound any vicious or potentially dangerous dog or any dog found running at large contrary to the provisions of § 163-9 and to impound such dog in the municipal pound or other suitable place. A complete registry of all such dogs so seized shall be made, which shall include the breed, color and sex of such dogs and whether licensed. If licensed, the name and address of the owner and the number of the license tag shall be recorded.
[Amended 3-19-1990 by Ord. No. 90-4; 9-7-2004 by Ord. No. 2004-12]
A. 
Dogs not vicious or potentially dangerous. If any dog seized or impounded in accordance with the provisions of this article shall wear a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or the owner or person keeping or harboring said dog is known, the Animal Control Officer shall forthwith serve upon the person whose address is given on the collar or upon the owner or person keeping or harboring said dog, if known, notice in writing stating that the dog has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after the service of the notice.
B. 
Vicious or potentially dangerous dogs.
(1) 
The Animal Control Officer shall notify the municipal health officer immediately that he or she has seized and impounded a dog pursuant to § 163-4 or that he or 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 § 163-4. If its owner cannot be identified within seven days, the dog may be humanely destroyed.
(2) 
The Animal Control Officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to § 163-4, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven days, by certified mail, return receipt requested, a signed statement indicating whether he or she wished 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 days, of receipt, the dog may be humanely destroyed.
[Amended 4-21-1975; 12-1-1980 by Ord. No. 80-6; 3-19-1990 by Ord. No. 90-4]
A. 
When any dog has been seized in accordance with the provisions of this article and has been detained for seven days after such notice can be given as set forth in § 163-12, or has been detained for seven days after seizure when no notice has been given as set forth in § 163-12, and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention as hereinafter specified, and if the dog be unlicensed at the time of seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Control Officer may cause the dog to be destroyed in a manner causing as little pain as possible. The following charges shall be paid to the Town of Belvidere as expenses incurred by reason of detention in accordance with the provisions of this section:
Item of Cost
Fee
Impounding any dog
$25
Transportation
$10
Giving notice
$5
Releasing dog to a new owner when dog is unclaimed or abandoned
$10
Destruction of dog
$12
B. 
If a dog is declared vicious or potentially dangerous as specified in this article, and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the Town 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 pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.
[Added 9-7-2004 by Ord. No. 2004-12]
C. 
The charges specified herein shall be paid to the Town Clerk of Belvidere and a receipt shall be delivered to the person paying such charges, which receipt will be the authority for the Animal Control Officer to release the dog to the owner or person claiming the dog.
[Added 4-21-1975]
A. 
Neither the Municipal Clerk nor any other official designated by the Town Council of the Town of Belvidere to license dogs therein shall grant any such license and official metal registration tag for any dog unless the owner thereof provides evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Health, Education and Welfare, or has been certified exempt as provided by regulations of the State Department of Health. Such vaccination shall be repeated at intervals as provided by regulations of the State Department of Health and shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.
B. 
Any exemption must be obtained by the owner, in writing, from a licensed veterinarian and presented to the Town Clerk at the time the dog license is sought.
[Added 6-2-1997 by Ord. No. 97-13]
[Amended 3-19-1990 by Ord. No. 90-4]
Whenever it becomes necessary to safeguard the public from the danger of hydrophobia, the Mayor, if the Mayor deems it necessary, shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises unless such dog shall have a muzzle of sufficient strength to prevent its biting any person. Any unmuzzled dog running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies. All dogs so noticeably infected with rabies and displaying vicious propensities shall be killed by the Animal Control Officer or other authorized persons without notice to the owner. The owner shall be notified of such killing within three days as to the reason for said killing. Dogs impounded during the first two days of such proclamation shall, if claimed within five days, be released to the owner, unless infected with rabies, upon payment of the impounding charges provided for. If unclaimed after that period, such dog or dogs may be summarily destroyed.
A. 
Any person who shall bring or cause to be brought into the Town of Belvidere any dog licensed in a state other than New Jersey for the current licensing year and shall keep the same in the said Town for a period of more than 90 days shall immediately apply for a license and registration tag for such dog.
B. 
Any person who shall bring or cause to brought into the Town of Belvidere any unlicensed dog and shall keep the same in said Town for a period of more than 10 days shall immediately apply for a license and registration tag for such dog.
[Amended 8-3-1987 by Ord. No. 87-11; 10-7-1996 by Ord. No. 96-10]
Any person who keeps or operates or proposes to establish a commercial kennel or a pet shop shall apply to the Town Clerk for a license entitling him or her to keep or operate such establishment.
A. 
Any commercial kennel or pet shop to be licensed hereunder shall be so located, constructed, arranged and operated in such manner that it is not a nuisance as to noise, odors or actions in the neighborhood, and further in such manner that the dogs maintained therein cannot come in contact with dogs not owned or maintained by the owner of the commercial kennel or pet shop.
B. 
The application shall describe the premises where the establishment is located or is proposed to be located and the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the Board of Health of the Town showing compliance with the local and state rules and regulations governing location of and sanitation at such establishment and compliance with this Article II.
C. 
All licenses issued for a commercial kennel or pet shop shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of each year and be subject to revocation by the Town Council upon recommendation of the State Department of Health or the Board of Health of the Town governing body for failure to comply with the rules and regulations of the State Department or the Board of Health of the Town governing the same, after the owner has been afforded a hearing by either the State Department or the Board of Health of the Town.
D. 
Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishment. Such licenses shall not be transferable to another owner or different premises.
E. 
The annual license for a commercial kennel shall be $25 for the establishment plus $15 for each dog kept or maintained in such kennel. The annual license fee for a pet shop shall be $10.
F. 
All license fees and other moneys collected under this section shall be forwarded to the Treasurer of the Town within 30 days after collection or receipt and shall be accounted for and spent in accordance with N.J.S.A. 4:19-15.11.
G. 
No more than three commercial kennels shall be permitted in the Town of Belvidere.
H. 
No commercial kennel license shall be issued unless the applicant has first obtained approval from the local land use board(s) having jurisdiction.
I. 
No commercial kennel license shall be issued or renewed unless the applicant has first presented to the Town Clerk a fully executed certification of veterinary supervision of the disease control and health care program at a licensed animal facility as required by the State Health Code.
[Added 9-7-2004 by Ord. No. 2004-12]
A. 
Vicious dogs.
(1) 
The Municipal Court shall declare a dog vicious if it finds by clear and convincing evidence that the dog:
(a) 
Killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1b to a person; or
(b) 
Engaged in dog-fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26.
(2) 
A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1b upon a person if the dog was provoked. The Town shall bear the burden of proof to demonstrate that the dog was not provoked.
(3) 
If the Municipal Court declares a dog to be vicious, and no appeal is made of the ruling pursuant to this section, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
B. 
Potentially dangerous dogs.
(1) 
The Municipal Court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:
(a) 
Caused bodily injury as defined in N.J.S.A. 2C:11-1a to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person;
(b) 
Severely injured or killed another domestic animal and:
[1] 
Poses a threat of serious bodily injury or death to a person; or
[2] 
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.
(2) 
A dog shall not be declared potentially dangerous for:
(a) 
Causing bodily injury as defined in N.J.S.A. 2C:11-1a to a person if the dog was provoked; or
(b) 
Severely injuring or killing a domestic animal if the domestic animal was the aggressor.
(3) 
For the purposes of Subsection B(2)(a), the Town shall bear the burden of proof to demonstrate that the dog was not provoked.
C. 
Order and schedule for compliance for potentially dangerous dog; conditions; notification by court of duties of owner of potentially dangerous dog. If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance consistent with the provisions of N.J.S.A. 4:19-24 and any amendments thereto. In addition, the Municipal Court shall also specifically advise the owner of a potentially dangerous dog of the requirements set forth in N.J.S.A. 4:19-28 and any amendments thereto.
D. 
Appeals. The owner of the dog, or the Animal Control Officer, may appeal any final decision, order or judgment, including any conditions attached thereto, rendered by the Municipal Court pursuant to this section by filing an appeal with the Superior Court, Law Division, in accordance with the rules of the New Jersey courts.
E. 
Further hearing. If the Municipal Court finds that the dog is not vicious or potentially dangerous, the Municipal Court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent action of the dog.
[Amended 9-7-2004 by Ord. No. 2004-12]
A. 
Ordinary penalties. Any person violating the provisions of this Article II when the violation does not involve the seizure, impoundment and disposition of a vicious or potentially dangerous dog shall be punished by a fine of $75 for the first offense, $100 for the second offense, $150 for the third offense and, for a fourth and subsequent offense, shall be subject to a mandatory court appearance and such fine deemed appropriate by Municipal Court not to exceed $1,000.
[Amended 4-2-2012 by Ord. No. 2012-08]
B. 
Enhanced penalties; vicious or potentially dangerous dog. The owner of a vicious or potentially dangerous dog who is found by clear and convincing evidence to have violated this Article II or to have failed to comply with a Municipal Court order shall be subject to a fine of not more than $1,000 per day for the violation, and each day's continuance of the violation shall constitute a separate and distinct offense. 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 this Article II or with a Municipal Court order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.