[2000 Code § 12:1; N.J.S.A. 4:19-18]
As used in this Article:
shall mean any dog, bitch or spayed bitch.
shall mean any dog which has attained the age of seven (7)
months or which possesses a set of permanent teeth.
shall mean any person exercising control over a dog or permitting
a dog to remain on premises under his control.
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.
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.
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.
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:
a.
The Municipal Court shall declare the dog vicious if it finds by
clear and convincing evidence that the dog:
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—12:13-4; New]
[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 § 12:13-3]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under 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]
[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:
[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 § 12:8-8]
No dog kept in a kennel, pet shop, shelter or pound shall be
permitted off such premises, except on leash or in a crate or other
safe control.
[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.
