[Ord. #BH:854, § 1]
This section is intended to utilize the authority and powers of the Borough in order to secure for the citizens of this Borough the protection of their health, safety and welfare. It is intended to be applicable to dogs which are commonly referred to as "pit bulls" and which are defined in subsection BH2-1.2. This section is designed to regulate these pit bull dogs and to ensure responsible handling by their owners through registration, confinement, and liability insurance. The unique history, nature and characteristic of pit bull dogs have been determined to require the special regulations and provisions contained within this section which the Board of Health finds reasonable and necessary.
[Ord. #BH:854, § 1]
a.
The term "pit bull dog" as used within this section shall refer to
any dog which exhibits those distinguishing characteristics which:
1.
Substantially conform to the standards established by the American
Kennel Club for American Staffordshire Terriers or Staffordshire Bull
Terriers; or
2.
Substantially conform to the standards established by the United
Kennel Club for American Pit Pull Terriers.
3.
Have the appearance and characteristics of being predominantly of
the breeds of dogs known as Staffordshire Bull Terriers, American
Pit Bull Terrier or American Staffordshire Terrier.
[Ord. #BH:854, § 1]
a.
In order to protect the public and to afford relief from the severe
harm and injury which is likely to result from a pit bull dog attack,
every owner of a pit bull dog shall at all times provide evidence
of financial responsibility and ability to respond in damages to and
include the amount of $300,000 for bodily injury to or death of any
person or persons or for damage to property owned by person which
may result from the ownership, keeping or maintenance of such dog.
b.
Proof of ability to respond in damages shall be given annually by
filing with the Health Officer a certificate of insurance from an
insurance company authorized to do business in the state stating that
the owner is and will be insured against liability to respond in such
damages, or by posting with the Board of Health a surety bond conditioned
upon the payment of such damages during the period of such registration
or other equivalent evidence of financial responsibility such as a
personal bond secured by a mortgage in real property or security interest
in personal property.
c.
The liability insurance, referenced in paragraph a of this section,
which may be separate from any other homeowner policy, shall contain
a provision naming the Borough of Brielle as an additional insured
for the sole purpose of being notified by the insurance companies
of any cancellation, termination or expiration of the liability insurance
policy.
[Ord. #BH:854, § 1]
a.
Because of the pit bull dog's inbred propensity to attack other
animals, and because of the danger posed to humans and animals alike
by a pit bull dog, when running loose or while running together in
a pack situation, pit bull dogs must at all times be securely confined
indoors, or confined in a securely and totally enclosed and locked
pen, with either a top or with sides six feet high. Such structure
must have a secure bottom or floor attached to the sides of the pen
or the sides of the pen must be embedded in the ground no less than
two feet. All structures erected to house pit bull dogs, must comply
with all zoning and building regulations of the Borough. All such
structures must be adequately lighted and ventilated and kept in clean
and sanitary condition. The owner of a pit bull dog shall securely
lock the enclosure to prevent the entry of the general public and
to preclude the release or escape of a pit bull dog by an unknowing
child or other person.
b.
At any time that a pit bull dog is not confined as required in paragraph
a above, the dog shall be muzzled in such a manner as to prevent it
from biting or injuring any person or animal, and kept on a leash
or tether having a minimum tensile strength sufficient to restrict
the pit bull dog's movements to a radius of no more than three
feet from the owner and under the direct attendance and supervision
of the owner.
c.
No person under the age of 18 years shall own, control, attempt to
control or walk a pit bull dog. Any person violating this section
may be charged with an act of delinquency if so permitted by state
law.
d.
No owner, handler or harborer of a pit bull dog shall allow, permit
or suffer a person under the age of 18 years to control, attempt to
control or walk such animal.
e.
An exception to this section is provided for any pit bull dog in
attendance at, and participating in, any lawful dog show, contest
or exhibition sponsored by a dog club, association, society, or similar
organization.
f.
An exception to this section is provided for any pit bull dog when
the dog is actually engaged in the sport of hunting in authorized
areas and supervised by a competent person.
g.
The owner of any dog subject to this section shall prominently display,
in a conspicuous manner, a "Beware of Dog-Pit Bull" sign on their
premises. The sign shall be visible and legible from 50 feet of the
enclosure required pursuant to paragraph a of this section. In addition,
a similar sign, as required, is to be posted on the enclosure of such
an animal.
[Ord. #BH:854, § 1]
a.
In order to assure that owners of pit bull dogs are in compliance
with the requirements of this section, and to assist in assuring compliance,
every owner of a pit bull dog in the Borough of Brielle shall annually
register the dog with the Board of Health of the Borough of Brielle.
The registration shall include the following:
Name, address and telephone number of the dog's owner;
the address where the dog is harbored, if different from the owner's
address; a complete identification of the dog including the dog's
sex, color, and any other distinguishing physical characteristics;
proof of rabies vaccination; and proof of the liability insurance
or other evidence of financial responsibility required pursuant to
this section.
b.
Pit bulls residing in the Borough at the time of passage of this
section must be registered with the Board of Health by the owners
within 10 days of passage of this section.
c.
A person registering a dog pursuant to this section shall pay to
the Borough the sum of $700 for the licensing of each dog, pursuant
to N.J.S.A. 4:19-31, as well as the additional sums fixed under N.J.S.A.
4:19-15.3. The fees collected under this provision shall be deposited
in a special account as required by N.J.S.A. 4:19-35, to be used by
the Borough of Brielle to administer and enforce the provisions of
N.J.S.A. 4:19-17 through 37, which govern the regulation of potentially
dangerous or vicious dogs.
d.
Newly acquired pit bull dogs shall be registered with the Board of
Health no later than 72 hours after acquisition.
e.
The registration of a dog prior to and after the effective date of this Chapter as a pit bull or any of the dogs listed in subsection BH2-1.1 shall constitute prima facie evidence the animal is subject to the regulations and provisions of this section.
f.
Identification Photographs. All owners, keepers or harborers of registered
pit bill dogs must, within 10 days of the effective date of this section,
provide to the Board of Health two color photographs, two different
poses, of the animal, clearly showing the color and approximate size
of the animal.
[Ord. #BH:854, § 1]
It shall be the duty and responsibility of all Borough of Brielle
law enforcement officers to enforce the provisions of this section.
[Ord. #BH:854, § 1]
Upon the written complaint of any person that a person owns
or is keeping or harboring a pit bull dog on premises in the Borough,
the Board of Health Officer may cause the matter to be investigated
and if after investigation, the facts indicate that such person, named
in the complaint, is in fact the owner or is keeping any pit bull
dog in the Borough and has not registered under this section, he shall
send written notice to such person, requiring such person to either
apply for a registration under this section or remove the animal from
the Borough limits within three days of the date of the notice.
[Ord. #BH:854, § 1]
The provisions of this section are severable. If any provision
of this section or its application to any person or circumstance is
held invalid, such invalidity shall not affect other provisions or
applications of this section which can be given effect without the
invalid provisions or application.
[Ord. #BH:854, § 1]
Any violation of this section is declared to be a nuisance.
In addition to any other relief provided by this section, the Borough
Attorney may apply to a court of competent jurisdiction for an injunction
to prohibit the continuation of any violation of this section. Such
application for relief may include seeking a temporary restraining
order, temporary injunction and permanent injunction.
[Ord. #BH:854, § 1]
Any person who violates any provision of this section shall, upon conviction, for each and every violation be liable to the penalty stated in Chapter 1, Section 1-5. This section shall not be deemed to be violated unless the alleged violator knew, or should have known after a reasonable inquiry, that the dog which is the subject of the alleged violation is a pit bull dog under the provisions of this section.
[1]
Editor's Note: This Ordinance shall not apply to any
duly licensed commercial establishments such as pet stores or licensed
animal shelters.
[Ord. #BH:836; Ord #BH:853]
Effective August 16, 1995, the maximum number of dogs and/or
cats, as defined by this chapter, shall be established at a combination
of three dogs and/or cats per family group. Said animals must be licensed
and any combination in excess of the maximum shall be prohibited and
may not be sheltered or kept by a single family group.
[Ord. #BH:836]
Any licensed animal in excess of the maximum whose harboring,
sheltering or keeping, predates the effective date of this section
shall be exempted from the provisions of this section for the duration
of said animal's natural life span.
[Ord. #BH:836; Ord. #BH:853]
The maximum imposed by this section shall not apply to litters
of pups or kittens and said litters may be sheltered for a period
of three calendar months from the date of birth. No household may
shelter more than one litter of kittens or pups per calendar year.
[New; Ord. #BH:853]
No person shall be allowed to keep anywhere in the Borough limits
any bat or pigeon or any other wild or domestic animals that shall
produce noise or odors which may be obnoxious or offensive to inhabitants
of the Borough or part thereof.
[Ord. No. 1071-2018]
WHEREAS, the Mayor and Council of the Borough of Brielle is
aware of the problems in the Borough caused by a large feral cat population;
and
WHEREAS, there are no facilities in the Borough of Brielle or
the County of Monmouth to address issues created by feral cats; and
WHEREAS, the population of feral cats has been increasing in
the Borough; and
WHEREAS, communities throughout the United States have determined
that the practice of trapping and euthanizing feral cats is not effective
in reducing their numbers; and
WHEREAS, a present goal of Trap-Neuter-Return (TNR) is to decrease
the number of cats in the environment and thereby reduce feral cat
predation on wildlife; and
WHEREAS, programs for the managed care of feral cat colonies
that include trapping, neutering and returning such cats to their
habitats have proven to be effective in reducing the number of feral
cats and is more humane than trapping and euthanizing;
WHEREAS, TNR programs are beneficial to communities and the
public health because cats in managed colonies are vaccinated against
rabies, which has positive public consequences and are spayed or neutered,
thereby controlling the population; and
WHEREAS, the Mayor and Council deems it in the public interest
to amend its ordinances in order to meet these stated goals.
[Ord. No. 1071-2018]
Not later than December 31, 2018, the Borough of Brielle shall
study the effectiveness of the TNR program and review the continuance
of this Ordinance No. 1071-2018. This Ordinance however shall continue
as provided until specifically rescinded or amended.
