[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:
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]
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.
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.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.[1]
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]
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.
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.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
Any dog as defined in this section which:
[Added 9-7-2004 by Ord. No. 2004-12]
The Town of Belvidere in the County of Warren.
Any dog as defined in this section which:
[Amended 9-7-2004 by Ord. No. 2004-12]
[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.
[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]
[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]
No person shall hurt, molest or interfere with anyone authorized
or empowered to perform any duty under this article.
[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.
(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:
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.
