The statute that provides for the licensing of dogs is N.J.S.A.
4:19-15.1 et seq.
[1966 Code § 9-1; Ord. No. 1991-1 § 16]
The provisions contained herein provide for the registration,
licensing and regulation of all dogs within the Borough; prohibit
dogs from running at large within the Borough; authorize impounding
and destruction of dogs; and fix penalties for violations.
[1966 Code § 9-2; Ord. 199-11 § 16; Ord. No. 1992-15 § 1]
For the purpose of this Chapter:
Shall mean dog or cat.
Shall mean any person or agency designated or certified by
the State of New Jersey to enforce the provisions of this Chapter.
Shall mean off the premises of the owner and not under the
control of the owner or a member of the owner's family, either
by leash, cord, chain or otherwise.
Shall mean both male and female, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
Shall mean any establishment wherein or whereon the business
of boarding or selling dogs or breeding dogs for sale is carried on,
except a pet.
Shall mean the agency or department of the Borough or any
designated representative thereof charged with administering the issuance
and/or revocation of permits and licenses under the provisions of
this Chapter.
Shall mean rendered permanently incapable of reproduction
as certified by a licensed veterinarian.
Shall mean any person or persons, firm, partnership, association,
corporation or organization of any kind who owns or has a right of
property in such dog.
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 establishment for the confinement of dogs,
seized either under the provisions of this section, the statutes of
the State of New Jersey or otherwise.
[1966 Code § 9-3.1; Ord. No. 1991-1 § 16]
Any person who shall own, keep or harbor a dog of licensing
age in the Borough shall in the month of January in each year apply
for and procure from the Borough Clerk a license and official metal
registration tag for each dog so owned, kept or harbored, and shall
place upon each dog a collar or harness with the registration tag
securely fastened thereto.
[1966 Code § 9-3.2; Ord. No. 1991-1 § 16]
Any person who shall bring or cause to be brought into the Borough
any dog licensed in a State other than New Jersey for the current
licensing year and shall keep the same in this Borough for a period
of more than 90 days shall immediately apply for a license and registration
tag for such dog.
Any person who shall bring or cause to be brought into the Borough
any unlicensed dog and shall keep the same in the Borough for a period
of more than 10 days shall immediately apply for a license and registration
tag for such dog.
The owner or keeper of any newly-acquired dog of licensing age
or of any dog which attains licensing age shall apply for a license
and registration tag for such dog within 10 days after such acquisition
of age attainment.
[1966 Code § 9-3.3; Ord. No. 1991-1 § 16]
Any dog owned in New Jersey and duly licensed for the current
licensing year and bearing the proper registration tag for a New Jersey
municipality shall be exempt from the licensing and tag provisions
of this section.
[1966 Code § 9-3.4; Ord. No. 1991-1 § 16]
No license to own, keep or harbor a dog shall be issued to or
in the name of a minor.
[1966 Code § 9-4; Ord. No. 1991-1 § 16]
The application form furnished by the Borough Clerk shall be
signed by the owner or keeper of the dog and shall state the breed,
sex, age, color and markings of the dog for which the license and
registration are sought, and whether it is a long-haired or short-haired
variety and also the name, street and post office address of the owner
and the person who shall keep or harbor such dog.
[1966 Code § 9-5; Ord. No. 1991-1 § 16; Ord. No. 2009-13 § I]
The person applying for the license shall pay to the Borough
Clerk the sum of $12 for the licensing of each such dog and, in addition
thereto, shall pay to the Borough Clerk such sum as shall be required
pursuant to N.J.S.A. 4:19-15.1 et seq., for the registration tag of
each such dog upon such original application. Each license and tag
shall be renewed annually. For each annual renewal the person applying
shall pay the same fee for the license and for the registration tag
as hereinbefore provided. No license shall be issued for more than
one year.
[1966 Code § 9-6; Ord. No. 1991-1 § 16; Ord. No. 1998-11 § 1]
Licenses shall be issued and valid for a term of one year, commencing
on January 1 and ending on December 31 of the same year.
[1966 Code § 9-7; Ord. No. 1991-1 § 16]
Dogs used as guides for blind persons and commonly known as
"seeing eye" dogs shall be licensed and registered as other dogs except
that the owner or keeper of such dog shall not be required to pay
any fee therefor.
[1966 Code § 9-8.1; Ord. No. 1991-1 § 16]
No dog shall run at large at any time within the limits of the
Borough.
[1966 Code § 9-8.2; Ord. No. 1991-1 § 16; Ord. No. 2000-3 § I]
a.
No dog shall be permitted off the premises of the person owning,
keeping or harboring it unless accompanied by a person who is capable
of controlling it and who has the dog securely confined and controlled
by an adequate leash or chain not more than six feet long.
b.
Any dog on any property within the Borough that is leashed, chained
or tethered to a fixed location shall be done so in a manner that
will prevent the dog from approaching within four feet of any street,
sidewalk or other public area or public thoroughfare.
[1966 Code § 9-8.3; Ord. No. 1991-1 § 16]
No person owning, keeping, harboring, walking, or in charge
of any dog shall cause, suffer, permit or allow such dog to do any
injury or to do any damage to any lawn, shrubbery, flowers, grounds
or property of persons in the Borough other than the owner or person
having the care, custody or control of such dog.
[1966 Code § 9-8.4; Ord. No. 1991-1 § 16]
No person shall at any time maintain a kennel or kennels or
similar structure or structures for the purpose of boarding, raising,
breeding, training or otherwise dealing in dogs.
[1966 Code § 9-8.5; Ord. No. 1991-1 § 16; Ord. No. 2005-06]
No person owning, harboring, keeping, walking, or in charge
of any dog shall cause, suffer, permit or allow such dog to soil,
defile, defecate on or commit any nuisance on any common thoroughfare,
street, sidewalk, passageway, road, bypath, play area, park, or any
place where people congregate or walk, or upon any boardwalk, benches,
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. If any such person shall
permit such dog to soil, defile, defecate on or commit any nuisance
on the areas aforesaid, he or she shall immediately remove all feces
and droppings deposited by such dog. Removal shall be in a sanitary
manner by shovel, container, disposal bag, etc., and the feces and
droppings shall be removed by the person from the aforesaid designated
areas and disposed of by wrapping it and either placing it in the
trash or flushing it unwrapped down the toilet.
[Ord. No. 2000-03, § II]
[Ord. No. 2000-03 § III]
The Borough Council finds, determines and declares that certain
dogs pose an increasingly serious and widespread threat to the safety
and welfare of the citizens of the Borough of Belmar and those frequenting
the Borough of Belmar by virtue of their unprovoked attacks on, and
associated injury to, individuals and other animals; that these attacks
are in part attributable to the failure of owners to confine and properly
train and control these dogs; and that it is therefore appropriate
and necessary to impose uniform set requirements on the owners of
vicious or potentially dangerous dogs.
[Ord. No. 2000-03 § III]
The provisions of this section shall not apply to dogs used
for law enforcement activities.
[Ord. No. 2000-03 § III]
As used in this section:
Shall mean the certified Belmar Animal Control Officer or,
in the absence of such an officer, the Chief of Police or his designee.
Shall mean the Department of Health.
Shall mean any dog or dog hybrid.
Shall mean any cat, dog, or livestock other than poultry.
Shall mean any dog or dog hybrid declared potentially dangerous
by any Municipal Court.
Shall mean any dog or dog hybrid declared vicious by any
Municipal Court.
[Ord. No. 2000-03 § III]
The Animal Control Officer shall seize and impound a dog when
the officer has reasonable cause to believe that the dog:
a.
Attacked a person and caused death or serious bodily injury as defined
in N.J.S.A. 2C:11-1(b) to that person;
b.
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 harm to
persons or domestic animals;
c.
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24
and N.J.S.A. 4:22-26; or
d.
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
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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 Health Officer, the dog may be impounded in a facility
or other structure agreeable to the owner.
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[Ord. No. 2000-03 § III]
a.
The Animal Control Officer shall notify the Municipal Court and the
Health Officer immediately that he has seized and impounded a dog
pursuant to subsection 22-8A4, or that he 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. If its owner cannot be identified within seven days,
that dog may be humanely destroyed.
b.
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 subsection 22-8A4, 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 or hand delivery, a signed statement indicating whether he wishes
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.
[Ord. No. 2000-03 § III]
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 the dog shall be destroyed in a humane and
expeditious manner, except that no dog may be destroyed during the
pendency of an appeal.
[Ord. No. 2000-03 § III]
a.
The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
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.
Killing a domestic animal if the domestic animal was the aggressor.
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For the purposes of paragraph b1 of this subsection, the municipality
shall bear the burden of proof to demonstrate that the dog was not
provoked.
|
[Ord. No. 2000-03 § III]
If the Municipal Court declares the dog to be potentially dangerous,
it shall issue an order and a schedule for compliance which, in part:
a.
Shall require the owner to comply with the following conditions:
1.
To apply, at his own expense, to the Borough Clerk for a special
municipal potentially dangerous dog license, municipal registration
number, and red identification tag. The owner shall, at his own expense,
have the registration number tattooed upon the dog in a prominent
location. A potentially dangerous dog shall be impounded until the
owner obtains a municipal dangerous dog license, municipal registration
number, and red identification tag;
2.
To display, in a conspicuous manner, a sign on his premises warning
that a potentially dangerous dog is on the premises. The sign shall
be visible and legible from 50 feet of the enclosure required pursuant
to paragraph a3 of this subsection;
3.
To immediately erect and maintain an enclosure for the potentially
dangerous dog on the property where the potentially dangerous dog
will be kept and maintained, which has sound sides, top and bottom
to prevent the potentially dangerous dog from escaping by climbing,
jumping or digging and within a fence of at least six feet in height
separated by at least three feet from the confined area. The owner
of a potentially dangerous dog shall securely lock the enclosure to
prevent the entry of the general public and to preclude any release
or escape of a potentially dangerous dog by an unknowing child or
other person. All potentially dangerous dogs shall be confined in
the enclosure or, if taken out of the enclosure, securely muzzled
and restrained with a tether approved by the Animal Control Officer
and having a minimum tensile strength sufficiently in excess of that
required to restrict the potentially dangerous dog's movements
to a radius of no more than three feet from the owner and under the
direct supervision of the owner;
b.
Maintain liability insurance in an amount of at least $50,000 to
cover any damage or injury caused by the potentially dangerous dog.
The liability insurance shall contain a provision naming the Borough
of Belmar as an additional insured for the sole purpose of being notified
by the insurance company of any cancellation, termination or expiration
of the liability insurance policy.
c.
Allow the Animal Control Officer to inspect the enclosure and the
owner's property at least monthly to determine continuing compliance
with this section and any order or condition of the court. The Animal
Control Officer shall inspect the enclosure and the owner's property
at least monthly to determine continuing compliance with this section
and any order or condition of the court.
[Ord. No. 2000-03 § III]
The owner of a potentially dangerous dog shall:
a.
Comply with the provisions of subsection 22-8A8 in accordance with
a schedule established by the Municipal Court, but in no case more
than 60 days subsequent to the date of determination;
b.
Notify the licensing authority, local police department or force,
and the Animal Control Officer if a potentially dangerous dog is at
large, or has attacked a human being or killed a domestic animal;
c.
Notify the licensing authority, local police department or force,
and the Animal Control Officer within 24 hours of the death, sale
or donation of a potentially dangerous dog;
d.
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
e.
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the department and the licensing authority, police
department or force, and Animal Control Officer of that municipality
of the transfer of ownership and the name, address and telephone number
of the new owner; and
f.
In addition to any license fee required pursuant to N.J.S.A. 4:19-15.3,
pay a potentially dangerous dog license fee to the municipality as
provided by subsection 22-8A10.
g.
Allow the Animal Control Officer to inspect the enclosure and the
owner's property at least monthly to determine continuing compliance
with this section and any order or condition of the court.
[Ord. No. 2000-03 § III]
The Borough of Belmar shall:
a.
Issue 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 has complied with the court's orders.
The last three digits of each potentially dangerous dog registration
number issued by the Borough of Belmar will be the three-number code
assigned to the Borough in the regulations promulgated pursuant to
N.J.S.A. 4:19-33. The Animal Control Officer shall verify, in writing,
compliance to the Municipal Clerk or other official designated to
license dogs in the municipality.
b.
The fee for the first issuance of a potentially dangerous dog license
shall be $700. The renewal of a potentially dangerous dog license
shall be $150. The fees are to be collected by the Municipal Clerk
or other official designated to license dogs in the municipality and
used in accordance with the law.
c.
Publicize a telephone number for reporting violations of this section.
This telephone number shall be forwarded to the department and any
changes in this number shall be reported immediately to the department.
[Ord. No. 2000-03 § III]
Notwithstanding any provision in this section or at law to the
contrary, the municipality and the owner of the dog may settle and
dispose of the matter at any time in such manner and according to
such terms and conditions as may be mutually agreed upon. The Borough
of Belmar and/or any of its employees shall not have any liability
by virtue of having entered into any settlement agreement pursuant
to this section, or for any action or inaction related to the entry
into such agreement, for any injuries or damages caused thereafter
by the dog. As a condition of any settlement agreement the owner of
the dog shall hold the municipality harmless for any legal expenses
or fees the municipality may incur in defending against any cause
of action brought against the municipality notwithstanding the prohibition
against such causes of action set forth in this section.
[Ord. No. 2000-03 § III]
The owner the dog, or the Animal Control Officer, may appeal
any final decision, order, or judgment, including any conditions attached
thereto, by filing an appeal with the Superior Court, Law Division,
in accordance with the Rules Governing The Courts of the State of
New Jersey pertaining to appeals from courts of limited jurisdiction.
The Superior Court shall hear the appeal by conducting a hearing de
novo in the manner established by those rules for appeals from courts
of limited jurisdiction.
[Ord. No. 2000-03 § III]
a.
If a dog is declared vicious or potentially dangerous, and all appeals
pertaining thereto have been exhausted, the owner of the dog shall
be liable to the Borough of Belmar if impounded 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.
b.
If the dog has bitten or exposed a person within 10 days previous
to the time of euthanasia, its head shall be transported to the New
Jersey State Department of Health laboratory for rabies testing.
[Ord. No. 2000-03 § III]
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 actions of the dog.
[Ord. No. 2000-03 § III]
The owner of a potentially dangerous dog who is found by clear
and convincing evidence to have violated this section, or to have
failed to comply with a court's order shall be subject to a fine
of not more than $1,000 per day of the violation, and each day's
continuance of the violation shall constitute a separate and distinct
violation. The Municipal Court shall have jurisdiction to enforce
this section. An Animal Control Officer is authorized to seize and
impound any potentially dangerous dog whose owner fails to comply
with the provisions of this section or a court's order. The Municipal
Court may order that the dog so seized and impounded be destroyed
in an expeditious and humane manner.
[Ord. No. 2000-03 § III]
The Animal Control Officer shall inspect the enclosure and the
owner's property at least monthly to determine continuing compliance
with this section and any order or condition of the court or agreement
or settlement between the Borough of Belmar and the dog owner.
[Ord. No. 2000-03 § III]
All fines and fees collected or received by the municipality
pursuant to this section shall be deposited in a special account and
used by the municipality to administer and enforce the provisions
of this act.
[1966 Code § 9-9; Ord. No. 1991-1 § 16; Ord. No. 1998-11 § 2]
The Chief of Police of the Borough shall cause a canvass to
be made of all dogs owned, kept or harbored within the limits of the
Borough in accordance with N.J.S.A. 4:19-15.15 and make any required
reports. No person may willfully misrepresent or withhold information
about the ownership, keeping or harboring of any unlicensed dog by
that person or anyone in his/her household.
[1966 Code § 9-10.1; Ord. No. 1991-1 § 16]
The Borough Council shall have the power to enter into a contract
with one or more persons for the exercise of the duty of dog catcher,
dog warden or poundmaster to enforce the provisions of this Article,
who, together with the Chief of Police and every Police Officer, are
charged with the responsibility to enforce the provisions of this
Article and to take into custody and impound the following:
a.
Any dog running at large in the Borough.
b.
Any dog off the premises of the owner or of the person keeping or
harboring the dog, which dog the official or his/her agent or agents
have reason to believe is a stray dog.
c.
Any dog off the premises of the owner or of the person keeping or
harboring the dog, which is not controlled by a leash or chain as
provided by this Article.
d.
Any dog with fierce, dangerous or vicious propensities or noticeably
infected with rabies or bitten by a dog suspected of having rabies.
e.
Any dog off the premises of the owner or of the person keeping or
harboring that dog without a current registration tag on the dog's
collar.
f.
Any female dog in season off the premises of the owner or of the
person keeping or harboring that dog.
[1966 Code § 9-10.2; Ord. No. 1991-1 § 16]
Any dog seized under this section shall be handled and disposed
of with proper notices given as required by N.J.S.A. 4:19-15.16.
[1966 Code § 9-11; Ord. No. 1991-1 § 16]
[1966 Code § 9-12; Ord. No. 1991-1 § 16]
The provisions of this Article shall be in addition to the provisions
and penalties of any and all Statutes of the State of New Jersey relating
to rabies and control of dogs.
[1966 Code § 9-13; Ord. No. 1991-1 § 16]
It shall be unlawful for any person to taunt, torment, tease,
beat, strike or attempt to taunt, torment, tease, beat or strike any
dog or other animal owned or used by the Police Department of the
Borough; or to interfere with or meddle with any dog or animal while
in the custody or control of any Police Officer or while such dog
or animal is acting in the performance of any function or duty directed
by any Police Officer or any person under the direction of any Police
Officer.
[1966 Code § 9-13.1; Ord. No. 1991-1 § 16]
In the event any person should plead guilty or be found guilty of Section 22-13 under such circumstances that the court should find that such conduct or act was committed for the purpose of resisting arrest, interfering with the arrest of another person, or to interfere with or hinder an investigation of any crime, or to interfere with or hinder an investigation of a disorderly persons offense respecting the possession and/or use of any controlled dangerous substance, then the minimum fine shall be $300.
[1966 Code § 9-13.2; Ord. No. 1991-1 § 16]
In the event the dog or animal is killed or injured, the Police Department shall seek restitution pursuant to N.J.S.A. 2C:29-3.1. In the event any person pleads guilty or is found guilty of Section 22-13 and restitution has been made for the death or injury to any dog or animal, then the court may in its discretion suspend part or all of the penalty, but not the fine.
