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:
ANIMAL
Shall mean dog or cat.
ANIMAL CONTROL AUTHORITY
Shall mean any person or agency designated or certified by the State of New Jersey to enforce the provisions of this Chapter.
AT LARGE
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.
DOG
Shall mean both male and female, bitch or spayed bitch.
DOG OF LICENSING AGE
Shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KENNEL
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.
LICENSING AUTHORITY
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.
NEUTERED
Shall mean rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OWNER
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.
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.
POUND
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 § 9-4; 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 § 9-8.2; 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 § 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]
As used in this section:
ANIMAL CONTROL OFFICER
Shall mean the certified Belmar Animal Control Officer or, in the absence of such an officer, the Chief of Police or his designee.
DEPARTMENT
Shall mean the Department of Health.
DOG
Shall mean any dog or dog hybrid.
DOMESTIC ANIMAL
Shall mean any cat, dog, or livestock other than poultry.
POTENTIALLY DANGEROUS DOG
Shall mean any dog or dog hybrid declared potentially dangerous by any Municipal Court.
VICIOUS DOG
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.
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.
[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:
1. 
Killed a person or caused serious 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 R.S. 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 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:
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. 
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. 
Killing a domestic animal if the domestic animal was the aggressor.
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]
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 § 9-11; Ord. No. 1991-1 § 16]
In addition to the civil penalties which may be collected pursuant to the provisions of N.J.S.A. 4:19-15.16 and N.J.S.A. 4:19-15.19, any person who shall violate any provisions of this Article may be subject, upon conviction, to the fines and penalties as provided in Chapter 1, Section 1-5.
[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.