[2000 Code § 12:1; N.J.S.A. 4:19-18]
As used in this Article:
DOG
shall mean any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
shall mean any dog which has attained the age of seven (7) months or which possesses a set of permanent teeth.
KEEPER
shall mean any person exercising control over a dog or permitting a dog to remain on premises under his control.
OWNER
when applied to the proprietorship of a dog shall mean and include every person having a right of property in such dog and every person who has such dog in his keeping.
PET SHOP
shall mean 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
shall mean any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to the provisions of N.J.S.A. 4:19-23.
VICIOUS DOG
shall mean any dog or dog hybrid declared vicious by a Municipal Court pursuant to N.J.S.A. 4:19-22. (N.J.S.A. 4:19-18)
[2000 Code § 12:2-1]
Licenses shall be required for the following dogs of licensing age:
a. 
Any dog owned or kept within the Borough by a resident of the Borough on the first day of January of any calendar year.
b. 
Any dog acquired by any person during the course of any calendar year and kept within the Borough for more than ten (10) days after acquisition.
c. 
Any dog attaining licensing age during the course of the calendar year.
d. 
Any unlicensed dog brought into the Borough by any person and kept within the Borough for more than ten (10) days.
e. 
Any dog licensed by another State brought into the Borough by any person and kept within the Borough for more than ninety (90) days.
[2000 Code § 12:2-2]
Each application for a license under this Article shall give the following information:
a. 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings, and whether such dog is of a long or short-haired variety.
b. 
Name, street and post office address of the owner of, and the person who shall keep or harbor, such dog.
c. 
Registration numbers shall be issued in the order in which applications are received.
[2000 Code § 12:2-3]
Applications for licenses for dogs which are required to be licensed by the provisions of subsection 12-2.1, shall be made before the first day of February of each calendar year. In all other cases, the application for a license shall be made within ten (10) days of the day upon which the dog in question first becomes subject to the provisions of this section.
[2000 Code § 12:2-4]
The information on all applications under this Article and the registration number issued to each licensed dog shall be preserved for a period of three (3) years by the Borough Clerk. In addition, the Borough Clerk shall forward similar information to the State Department of Health each month on forms furnished by the Department.
Only one (1) license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and the license and tag issued by any other municipality of this State shall be accepted by the Borough as evidence of compliance with this section. (N.J.S.A. 4:19-15.3)
[2000 Code § 12:7; N.J.S.A. 4:19-15.3]
Dogs used as guides for blind persons and commonly known as "seeing eye," dogs, dogs used to assist handicapped persons and commonly known as "service dogs," or dogs used to assist deaf persons and commonly known as "hearing ear" dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
[2000 Code § 12:5; New]
a. 
The person applying for a license shall pay a fee of four dollars and seventy ($4.70) cents for each neutered or spayed dog and the fee of seven dollars and seventy ($7.70) cents for each non-neutered or non-spayed dog.
b. 
Pursuant to N.J.S.A. 4:19-16 et seq. and N.J.S.A. 4:19-31, the annual license fee for a potentially dangerous dog shall be one hundred fifty ($150.00) dollars.
[2000 Code § 12:6]
Each dog license and registration tag shall expire on the last day of January of the calendar year following the calendar year in which it was issued.
No Borough Clerk or other official designated by the Governing Body 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 resolutions 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. (N.J.S.A. 4:19-15.2a)
[2000 Code § 12:13-1]
All dogs for which licenses are required by the provisions of this chapter to be licensed shall wear a collar or harness with the registration tag for such dog securely fastened thereto.
[2000 Code § 12:13-2]
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.
[2000 Code § 12:10]
The Chief of Police of the Borough shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough and shall report to the Clerk, the Board of Health and to the State Department of Health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring dogs; the number of licensed dogs owned, kept or harbored by each person, together with the registration number of each dog; and the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.
a. 
The Municipal Court shall declare a dog to be potentially dangerous if it finds by clear and convincing evident that the dog:
1. 
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person, or
2. 
Severely injured or killed another domestic animal, and
(a) 
Poses a threat of serious bodily injury or death to a person; or
(b) 
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.
b. 
A dog shall not be declared potentially dangerous for:
1. 
Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person if the dog was provoked, or
2. 
Severely injuring or killing a domestic animal if the domestic animal was the aggressor. (N.J.S.A. 4:19-23)
a. 
The Municipal Court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:
1. 
Killed a person or caused seriously bodily injury as defined in N.J.S.A. 2C:11-1(b) to a person; or
2. 
Has engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.
b. 
A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
c. 
If the Municipal Court declares a dog to be vicious, and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious manner, except that not dog may be destroyed during the pendency of an appeal. (N.J.S.A. 4:19-22)
[2000 Code § 12:11-4; N.J.S.A. 26:4-78 et seq.]
a. 
Where it has been determined by a physician that a person has been bitten by a dog, such individual or his parent or guardian, if he is a minor, shall immediately notify the Police. When the owner or keeper of any dog shall be notified by the Police that the dog has bitten any individual, the owner or keeper of the dog shall comply with the following procedures:
1. 
Have the dog examined by a licensed veterinarian within twelve (12) hours.
2. 
Have the dog kept in quarantine in the owner's home for a period of ten (10) days.
3. 
At the end of ten (10) days, have the dog reexamined by a veterinarian and a written report of the dog's state of health sent to the Board of Health.
b. 
All dog bites shall be reported in accordance with the provisions of N.J.S.A. 26:4-78 et seq. The Board of Health or Health Officer may examine the animal reported to have bitten a person.
[2000 Code § 12:12-1]
The Animal Control Officer of the Borough shall take into custody and impound or cause to be taken into custody and impounded any of the following dogs:
a. 
Any unlicensed dog running at large in violation of the provisions of this chapter.
b. 
Any dog off the premises of the owner of or the person keeping or harboring such dog which the Animal Control Officer or his agent has reason to believe is a stray dog.
c. 
Any dog off the premises of the owner of or the person keeping or harboring such dog without a current registration tag on its collar.
d. 
Any female dog in season off the premises of the owner of or the person keeping or harboring such dog.
e. 
Any dog which has been determined to be a potentially dangerous or vicious dog, as provided in Section 12-4, provided that such dogs may also be seized by any Police Officer, and provided further that if such dogs cannot be seized with safety, they may be killed.
f. 
Any dog or other animal owned by persons temporarily residing in the Borough which necessitates transporting the dog or animal out of the Borough creates the possibility that any quarantine imposed will become ineffective. Therefore, all dogs or other animals owned by persons in temporary residence in the Borough of Avalon which inflict any type of wounds upon human beings shall be impounded in the custody of a licensed practicing doctor of veterinary medicine of the owner's choice or at such place as shall be designated by the Chief of Police or the Health Officer of the Borough.
[2000 Code § 12:12-2]
Any Officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any dog which he may lawfully seize and impound when such Officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog if the owner is present and forbids same.
[2000 Code § 12:12-3]
a. 
If any dog so impounded or seized wears a registration tag, collar or harness having inscribed thereon or attached thereto the name and address of any person, or the owner of or the person keeping or harboring the dog is known, the Animal Control Officer shall immediately serve on the person whose address is given on the collar or on the person owning, keeping or harboring the dog a 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 (7) days after service of the notice.
b. 
A notice under this subsection may be served either by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known residence or at the address given on the collar or by forwarding it by mail in a prepaid letter, addressed to that person at his usual or last known residence, or to the address given on the collar.
[2000 Code § 12:12-4]
The Animal Control Officer is authorized and empowered to cause the destruction of any unclaimed dog, in as humane a manner as possible, under any of the following contingencies:
a. 
When any dog so seized has not been claimed by the person owning, keeping or harboring such dog within seven (7) days after notice or within seven (7) days of the dog's detention when notice has not been or cannot be given, as set forth in the previous subsection.
b. 
If the person owning, keeping or harboring any dog so seized has not claimed the dog and has not paid all expenses incurred by reason of its detention, including maintenance.
c. 
If the seized dog is unlicensed at the time of its seizure and the person owning, keeping or harboring such dog has not produced a license and registration tag as provided in this chapter.
[2000 Code § 12:13-5]
No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon any public street or in any public park, public building or other public space or area within the Borough.
[2000 Code § 12:13-6]
Leashing of Dogs. No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any public places of the Borough unless such 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.
[2000 Code § 12:13-5; New]
Dogs are prohibited from certain public places and public areas as follows:
a. 
The boardwalk and the approaches to the boardwalk whether or not such dog is leashed in accordance with subsection 12-7.3.
b. 
On the beach dunes at all times.
c. 
On the Avalon beach or approaches thereto to all times between March 1st and September 30th, inclusive.
d. 
Dune Drive traffic islands from 6th and 80th Streets, inclusive.
e. 
The traffic islands in the lagoon area (42nd Street).
f. 
The traffic island at 7th and Ocean Drive.
g. 
The traffic island at the intersection of 21st and 22nd Streets (located at the west end of 21st Street across from the 21st Street bridge).
h. 
The 21st Street circle on Dune Drive.
i. 
The recreation field east to west from Dune Drive to Ocean Drive and north to south from 8th through 12th Streets
j. 
Armacost Park (within the actual park boundaries not including the surrounding sidewalks).
k. 
The Borough entranceway on the north side of 30th Street from Ocean Drive to Dune Drive.
l. 
39th Street Recreation Area, Dune Drive to Ocean Drive and 39th Street to 40th Street.
This prohibition shall not apply to any seeing eye or service dog while actually engaged in assistance to the blind or disabled as such terms are defined in the Americans with Disabilities Act.
m. 
Surfside Park (within the actual Park boundaries not including the surrounding sidewalks).
[Added 6-23-2021 by Ord. No. 824-2021]
[2000 Code § 12:13-7; amended 4-24-2024 by Ord. No. 878-2024]
No person owning, keeping, or harboring a pet shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds, or property. Unless immediate cleanup and disposal is undertaken. no person owning, harboring, keeping, walking or in charge of any pet shall cause, suffer, permit or allow such pet to defecate on any common thoroughfare, street, sidewalk, passageway, road, bypath, play area, park or any place where people congregate or walk or upon any boardwalk, beaches or beachfront in this Borough or upon any public property whatsoever or upon any private property without the permission of the owner of the private property in the last instance. "Proper cleanup and disposal" shall mean that such person shall immediately remove all feces and droppings deposited by such pet, which removal shall be in a sanitary manner by shovel, container, disposal bag or some other similar device, and said feces and droppings shall be removed by said person from the aforesaid designated areas and disposed of by said person in a sanitary manner, so as to prevent any noxious odors, attraction of vermin or any other public health nuisance to neighbors. This subsection shall not apply to nor be enforced against individuals with disabilities recognized by the Americans With Disabilities Act[1] who rely upon service animals to aid them in their disability.
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
[2000 Code § 12:15]
The Borough Council shall have the power to appoint one (1) or more Animal Control Officers or contract with a firm or another municipality employing a Certified Animal Control Officer whose duty it shall be to enforce the provisions of this chapter.
[2000 Code § 12:13]
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 in this section.
[2000 Code § 12:13-8; New]
Where no other penalty is prescribed by law, any person who violates subsections 12-7.2; 12-7.3 or 12-7.4, shall, upon conviction, be liable to a minimum penalty of one hundred ($100.00) dollars and the penalties stated in Chapter 1, Section 1-5.
[2000 Code § 12:8-1]
Any person who keeps or operates, or proposes to establish a kennel, pet shop, shelter or pound, shall apply to the Borough Clerk for a license entitling him to keep or operate such establishment. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; such licenses shall not be transferable to another owner or different premises.
[2000 Code § 12:8-2]
The application shall contain the following information:
a. 
The name and permanent and local address of the applicant.
b. 
The street address where the establishment is located, or proposed to be located, together with a general description of the premises.
c. 
The purposes for which it is to be maintained.
d. 
The maximum number of dogs to be accommodated by such establishment at any one time.
[2000 Code § 12:8-3]
No license shall be issued until the proposed licensee submits a written statement from the Health Officer of the Board of Health that the establishment or proposed establishment complies with local and State rules governing the location of and sanitation at such establishment.
[2000 Code § 12:8-4]
A license issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained and all such licenses shall expire on the last day of January of each year.
[2000 Code § 12:8-5]
The annual license fees for kennel and pet shop licenses shall be as follows:
a. 
Kennel accommodating ten or less dogs, $10.00.
b. 
Kennel accommodating more than ten dogs, $25.00.
c. 
Pet shop, $10.00.
d. 
Shelter or pound, no fee.
[2000 Code § 12:8-6]
a. 
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the State Department of Health and Senior Services or the Borough Board of Health and the Cape May County Health Department for failure to comply with the rules and regulations of the State Department of Health and Senior Services or the Borough Board of Health, after the owner has been afforded a hearing by either the State Department of Health or the Borough Board of Health.
b. 
Any person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound shall comply with all Borough ordinances and the rules and regulations promulgated by the State Department of Health and Senior Services governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation therein, and the prevention of the spread of rabies and other diseases of dogs within and from such establishments.
[2000 Code § 12:8-7]
The Borough Clerk shall forward to the State Department of Health and Senior Services a list of all kennels, pet shops, shelters and pounds licensed within thirty (30) days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
[2000 Code § 12:9; New]
License fees and other monies collected or received under the provisions of this Article, except the registration tag fees, shall be forwarded to the Chief Financial Officer within thirty (30) days after collection or receipt, and shall be placed in a special account separate from any of the other accounts of the Borough and shall be used for the following purposes only: collecting, keeping and disposing of dogs liable to seizure under this Article; local prevention and control of rabies; providing anti-rabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; all other purposes prescribed by the statutes of New Jersey governing the subject, and for administering the provisions of this Article. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this Article. At the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the Borough any amount then in such account which is in excess of the total amount paid into the special account during the last two (2) fiscal years next preceding. The registration tag fee of fifty ($0.50) cents for each dog shall be forwarded within thirty (30) days after collection by the Borough Clerk to the State Department of Health and Senior Services.