Article I Dogs

The word "person" shall mean an individual, firm, partnership, corporation or association of persons.

The words "and" and "or" may be used interchangeably, and either of the two may be applicable, whichever is more conducive toward the effectuating of this article.

Personal pronouns shall mean either the singular or the plural, whichever is applicable and conducive towards the effectuating of this article.

§ 57-2 License required for dogs; compliance.

The masculine, feminine or the neuter gender shall be implied, whichever is appropriate and conducive toward the effectuating of this article.

[Amended 12-4-2014 by Ord. No. 18-13-2014]

No person shall keep or harbor any dog within the Township pursuant to § 57-3 below in the County of Hunterdon without first obtaining a license, to be issued by the Dog Licensing Agent upon application by the owner and payment of the prescribed fee, and no person shall keep or harbor any dog in the Township except in compliance with the provisions of this article and all applicable state statutes.

§ 57-3 Obtaining a license.

[Amended 12-19-1983 by Ord. No. 5-7-83; 12-4-2014 by Ord. No. 18-13-2014]

Any person who shall own, keep or harbor a dog of licensing age (as defined in § 57-1A above) shall annually apply for and procure from the Dog Licensing Agent of the Township a license and official metal registration tag for each such dog so owned, kept, or harbored and shall place upon such dog a collar or harness with the registration tag securely fastened thereto.

No license or registration tag shall issue for any dog unless the owner thereof provides evidence that the dog to be registered and licensed has been inoculated with a rabies vaccine in accordance with state requirements set forth in N.J.S.A. 4:19-15.2a.

[Amended 11-4-2021 by Ord. No. 21-20-2021]

Any person who shall own, keep, or harbor a potentially dangerous dog (as defined in § 57-1A above) shall apply for and procure from the Dog Licensing Agent a license and registration pursuant to § 57-24 et seq., below.

§ 57-4 License fees.

[Amended 3-16-1979 by Ord. No. 4-7-79; 5-18-1979 by Ord. No. 4-9-79; 11-20-1981 by Ord. No. 4-13-81; 12-19-1983 by Ord. No. 5-7-83; 11-21-1988 by Ord. No. 6-9-88; 4-19-1993 by Ord. No. 8-6-93; 2-4-2003 by Ord. No. 12-2-2003; 4-3-2007 by Ord. No. 14-08-2007; 2-4-2008 by Ord. No. 15-5-2008; 12-17-2012 by Ord. No. 17-17-2012; 12-4-2014 by Ord. No. 18-13-2014]

A person applying for a one-year license and registration tag pursuant to § 57-3 above shall pay a fee of $16 for each dog in 2020. The fee shall be $17 in 2021 and $18 in 2022 and thereafter. Persons applying for a license who present a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered shall be entitled to a reduction of $3 in the annual fee.

[Amended 12-5-2019 by Ord. No. 20-30-2019]

Annual dog licenses shall be obtained during the month of April of each year and specifically on or prior to April 31 of each year. Said licenses shall expire on May 1 one year later.

[Amended 12-30-2020 by Ord. No. 20-18-2020]

A person who applies for a license subsequent to May 10 of any year shall pay a penalty of $15 per license, in addition to the license fee set forth in § 57-4A above. As a courtesy, written notification shall be sent to all persons who have not obtained their annual dog license by May 20 of any year indicating that those persons have 45 days from May 20 to obtain their dog license by payment of the fee set forth in § 57-4A, as well as the late fee of $15. The notification shall further state that, should the dog license not be obtained within 45 days following May 20 of any year, a summons will be issued requiring an appearance in Municipal Court to address the failure of the individual to obtain his/her annual dog license. Should the matter go to court, and the person who has failed to obtain his/her annual dog license be found guilty of that violation, that person will also be responsible to pay all court costs and fines imposed by the court in connection with the matter.

[Amended 12-30-2020 by Ord. No. 20-18-2020; 11-4-2021 by Ord. No. 21-20-2021]

Any person applying for a license for a potentially dangerous dog pursuant to § 57-24G shall comply with the requirements set forth therein.

The Township Committee may, in its discretion, grant an exemption from the fees set forth herein. This exemption for municipal fees shall not exempt any individual or organization from the payment of any portion of the fee due to the State of New Jersey.

[Added 6-3-2021 by Ord. No. 21-13-2021]

§ 57-5 Newly acquired dogs.

[Amended 12-4-2014 by Ord. No. 18-13-2014]

The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for a license and registration tag for such dog within 10 days after such acquisition or age attainment. Dogs acquired any time during the licensing year and previously not registered in the Township are not subject to late fee as indicated in § 57-4C above when making application for the dog license.

§ 57-6 Information in license application.

[Amended 12-4-2014 by Ord. No. 18-13-2014]

The license application shall state the breed, sex (spayed or neutered), age, color and markings of the dog for which license and registration are sought and whether it is of a long- 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. The application shall indicate that the rabies vaccination is current, including the expiration date and location of where the vaccination was administered, with documentation issued by the veterinarian. The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the Dog Licensing Agent. In addition, he/she shall forward similar information to the State Department of Health each month, on forms furnished by the said Department. Registration numbers shall be issued in the order of the applications.

§ 57-7 Dogs licensed in other state or unlicensed.

Any persons who shall bring or cause to be brought into the Township any dog licensed in another state for the current year and bearing a registration tag and shall keep the same or permit the same to be kept within the Township for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog, unless such dog be licensed under § 57-9 of this article.

[Amended 12-4-2014 by Ord. No. 18-13-2014]

Any person who shall bring or cause to be brought into the Township any unlicensed dog and shall keep the same or permit the same to be kept within the Township for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog, unless such dog be licensed under § 57-9 of this article.

§ 57-8 Removal or attachment of registration tag.

[Amended 12-4-2014 by Ord. No. 18-13-2014]

No person, except the Dog Licensing Agent, Animal Control Officer, or Township police officer, in the performance of their 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.

§ 57-9 Licensing of kennel, pet shop, shelter or pound.

[Amended 12-4-2014 by Ord. No. 18-13-2014; 6-1-2017 by Ord. No. 19-08-2017; 3-6-2025 by Ord. No. 4-2025]

Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Township Zoning Officer for a determination of whether the proposed use meets zoning ordinance requirements or if a variance and/or site plan would be required by the Land Use Board to entitle him or her to keep or operate such establishment. Any person who is granted permission to establish a kennel, pet shop, shelter, or pound, shall not be required to secure individual licenses for dogs or cats owned by such licensee, and kept at such establishments. Such license for kennel, pet shop, shelter, or pound, shall not be transferable to another owner of different premises and shall expire on June 30 of each year, shall be issued annually, and shall be run on a fiscal basis (12 months) from July 1 to June 30.

All licenses issued for a kennel, pet shop, shelter, or pound shall state the purpose for which the establishment has been maintained. All licenses are subject be subject to revocation by the Township Committee on recommendation of the New Jersey Department of Health, the Hunterdon County Health Officer, or the Board of Health of the Township for failure to comply with the rules and regulations of the State Department of Health or the Board of Health of the Township governing the same, after the owner has been afforded a hearing by either the New Jersey Department of Health or the Township Board of Health. Such licenses shall be prominently displayed at the facility accessible to the public, Health Officer, or Animal Control Officer.

If a Zoning Officer determines that variance or site plan review is needed, the application shall describe the premises where the establishment is located or proposed to be located, the purpose or purposes for which it is to be maintained and shall be accompanied by the written approval of the Zoning Officer and the Hunterdon County Health Department showing that plans will be in compliance with the local and state rules and regulations governing location and sanitation at such establishment. The application will also describe the maximum number of dogs, cats or other animals to be accommodated by such establishment(s) at any one time. The maximum number of dogs allowed is 20 on the site at any one time. The maximum number of cats allowed is 20 on the site at any one time. This is dependent upon the size of kennel, pet shop, shelter or pound.

All licenses for a kennel, pet shop, shelter, or pound shall be forwarded to the Township Committee for approval upon recommendation of either the Zoning Officer or the Land Use Board. The Township Committee during January of each year can renew licenses with a majority vote upon recommendation of the Zoning Officer, the Animal Control Officer and/or State or County Health Department Official, certifying that the establishment is in full compliance and is being properly maintained.

The Zoning Officer, Animal Control Officer, State and/or County Health Department Official shall ensure any person holding a license to establish, keep or operate a kennel, pet shop, or shelter or pound shall comply with applicable state, county and local laws.

A license for a kennel, pet shop, shelter, or pound shall be as follows:

Kennel accommodating 10 or fewer dogs: $10.

Kennel accommodating more than 20 dogs: $25.

Pet shop: $10.

Shelter or pound: No fee.

§ 57-9.1 Criteria for evaluation.

[Added 3-6-2025 by Ord. No. 4-2025]

The determination of whether a variance or site plan approval is necessary shall be determined by the following criteria:

The number of animals sought to be harbored by the facility;

What type(s) of animals are intended to be harbored at the facility;

Whether any breeding operations are contemplated;

If so, what is the anticipated number of litter(s) to be had per calendar year;

Whether animals, other than those owned by the facility operator and/or owner are intended to be boarded at the facility;

If so, whether these animals are harbored overnight;

§ 57-10 Fees for kennel and pet shop licenses.

If so, what is the number of animals to be harbored at the facility;

What training is available at the facility;

What is the number of personnel and/or staff available to assist with the facility's operations;

What is the anticipated revenue amount to be obtained from the facility's operation(s).

[Amended 11-21-1988 by Ord. No. 6-9-88; 7-16-1990 by Ord. No. 7-10-90; 7-1-2008 by Ord. No. 15-13-2008]

The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $10 and for more than 10 dogs $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound.

§ 57-11 Dogs off premises of kennel.

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.

§ 57-12 Disposition of license and tag fees.

[Amended 12-4-2014 by Ord. No. 18-13-2014]

License fees and other moneys collected or received under the provisions of this article, except registration tag fees, shall be forwarded to the Chief Financial Officer of the Township within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Township and which shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this article; for local prevention and control of rabies; for providing anti-rabic treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; for 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 section. At the end of the said 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 Township any amount then in such account which is in excess of the total amount paid into said special account during the last two fiscal years next preceding.

The registration tag fee for each dog shall be forwarded within 30 days after collection by the Dog Licensing Agent to the State Department of Health per its fee schedule.

§ 57-13 Reports of licensed facilities.

[Amended 12-4-2014 by Ord. No. 18-13-2014]

The Dog Licensing Agent shall forward to the New Jersey Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefore are issued, which list shall include the name and address of the licensee and the kind of license issued.

§ 57-14 (Reserved) [1]

§ 57-15 Appointments of officers; duties.

Editor's Note: Former § 57-14, Annual canvass of dogs, of the 1979 Code, as amended 12-4-2014 by Ord. No. 18-13-2014, was repealed 11-4-2021 by Ord. No. 21-20-2021.

[Amended 12-4-2014 by Ord. No. 18-13-2014]

The Mayor of the Township shall have the power to appoint an Animal Control Officer, whose duty it shall be to enforce the provisions of this article. The Mayor shall also have power to appoint one or more persons to be known as "dogcatchers," who may impound unlicensed dogs running at large in violation of the provisions of this article. The Mayor shall also have power to appoint one person as Dog Licensing Agent, whose duty it shall be to issue all licenses under the terms of this article and to collect the fees.

§ 57-16 Impounding of dogs; disposition.

[Amended 5-16-1975 by Ord. No. 3-2-75; 5-18-1979 by Ord. No. 4-9-79; 12-4-2014 by Ord. No. 18-13-2014]

The Animal Control Officer of the Township shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or disposed of as provided in this section:

Any dog off the premises of the owner or of the person keeping or harboring said dog which said official or his agent or agents have reason to believe is a stray dog.

Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on his collar.

Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.

§ 57-19 Unsanitary conditions and noise disturbances.

Any dog considered to be "vicious" or "potentially dangerous" as defined in N.J.S.A. 4:19-16 et seq., and § 57-1 above.

(5)

Any dog meeting the criteria set forth in N.J.S.A. 4:19-19.

If any dog so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or the owner or the person keeping or harboring said dog is known, the Animal Control Officer shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said dog, if known, 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 days after the service of the notice.

A notice under this section 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 place of residence or at the address given on the collar, or by forwarding it by post in a prepaid letter addressed to that person at his usual or last known place of residence or to the address given on the collar.

When any dog so seized has been detained for seven days after notice, when notice can be given as set forth above, or has been detained for seven days after seizure, when no notice has been given as set forth above, and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention, including maintenance, and if the dog is unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Control Officer may cause the dog to be destroyed in a manner causing as little pain as possible and consistent with the provisions of N.J.S.A. 4:22-19. No dog or other animal so caught and detained or procured, obtained, sent or brought to the municipal pound or shelter, or a pound or shelter operating under contract with the municipality, shall be sold or otherwise made available for the purpose of experimentation.

§ 57-17 Right of entry.

[Amended 12-4-2014 by Ord. No. 18-13-2014]

Any Animal Control Officer or Dog Licensing Agent authorized or empowered to perform any duty under this article is hereby authorized to go upon any premises to seize for impounding any dog or dogs which he/she may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if said owner is present and forbids the same.

Pursuant to N.J.S.A. 4:19-29, regardless of whether the owner grants permission to enter premises or impound a dog, the Animal Control Officer is authorized to enter upon any premises and seize and impound any dog which the Animal Control Officer reasonably believes to be a potentially dangerous or vicious dog (as defined in N.J.S.A. 4:19-16 et seq., and § 57-1A above) if the owner has violated this article or any provisions of N.J.S.A. 4:19-1 et seq.

§ 57-18 Interference with officer.

No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.

[Amended 3-19-1976 by Ord. No. 3-4-76; 5-18-1979 by Ord. No. 4-9-79; 12-4-2014 by Ord. No. 18-13-2014]

No person shall keep a dog in unsanitary conditions or allow a dog to disturb the peace and quiet of the neighborhood by barking, howling or making other loud or unusual noises in violation of Township § 132-54E(9)(g).

§ 57-20 Dogs running at large.

[Amended 12-19-1983 by Ord. No. 5-7-83; 12-4-2014 by Ord. No. 18-13-2014]

No person owning, keeping, or harboring any dog shall allow or permit it to run at large upon the public streets or in any public park or in any public building or in any other public place or private property other than that of the dog's owner or property where consent has been given within the Township, including at designated off-leash areas within the Township.

§ 57-21 Leashing of dogs.

[Amended 12-4-2014 by Ord. No. 18-13-2014]

No person owning, keeping, or harboring any dog shall allow or permit it to be upon the public streets or in any of the public places of the Township unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six feet long, unless consent has been given by the Township otherwise or such public place is designated as an off-leash area.

§ 57-22 (Reserved) [1]

§ 57-23 Animals causing injury to persons or property.

Editor's Note: Former § 57-22, Muzzling of dogs, was repealed 7-5-2012 by Ord. No. 17-11-2012.

[Amended 10-27-1972; 8-7-2025 by Ord. No. 15-2025]

Any person owning, keeping or harboring a dog or any other domestic animal, as herein defined, which shall run at large and cause injury to a person or persons or cause damage to any lawn, shrubbery, flowers, grounds or property within the Township of Kingwood, shall be guilty of a violation of this article and subject to the penalty provided by § 57-25B.

Any person owning or keeping, maintaining, harboring or having charge of a dog shall prevent such dog from injuring any other person or animal. In addition to any fine imposed by the court, the municipality may require the owner to comply with physical conditions such as requiring the dog to be muzzled while in public or erecting, at the owner's expense, a fence around the owner's property.

§ 57-24 Vicious and potentially dangerous dogs.

[Amended 7-5-2012 by Ord. No. 17-11-2012; 12-4-2014 by Ord. No. 18-13-2014]

Liability of owner regardless of viciousness of dog.

The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.

For the purpose of this section, a person is lawfully upon the private property of such owner when he/she is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he/she is on such property upon the invitation, express or implied, of the owner thereof.

Impoundment of vicious or potentially dangerous dog.

The Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:

Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person;

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 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 Township Board of Health, the dog may be impounded in a facility or other structure agreeable to the owner.

Notification of owner of dog; hearing.

The Animal Control Officer shall notify the Municipal Court and the Municipal Health Officer immediately that he has seized and impounded a dog pursuant to Subsection B above, 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 pursuant to Subsection B above. If its owner cannot be identified within seven days, the dog may be humanely destroyed.

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 B above, 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/she 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.

Settlement agreements, immunity of Township. Notwithstanding any provision in N.J.S.A. 4:19-16 et seq., to the contrary, the Township 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. Notwithstanding any provision of N.J.S.A. 4:19-16 et seq., to the contrary, neither the Township nor any of its employees shall 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. The Township may, as a condition of the settlement agreement, also require that the owner of the dog hold the Township harmless for any legal expenses or fees the Township may incur in defending against any cause of action brought against the Township notwithstanding the prohibition against such causes of action set forth in this section.

Dog declared vicious by Municipal Court; conditions.

The Municipal Court of the Township shall declare the dog vicious if it finds by clear and convincing evidence that the dog:

Killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to a person; or

Has engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and 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 Township shall bear the burden of proof to demonstrate that the dog was not provoked.

If the Municipal Court of the Township declares a dog to be vicious, and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25 or Subsection I hereunder, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.

Dog declared potentially dangerous; conditions.

The Municipal Court of the Township shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:

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

Severely injured or killed another domestic animal, and:

Poses a threat of serious bodily injury or death to a person; or

[2]

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.

A dog shall not be declared potentially dangerous for:

Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person if the dog was provoked; or

Severely injuring or killing a domestic animal if the domestic animal was the aggressor.

For the purposes of Subsection F, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

Registration of potentially dangerous dog; conditions.

If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:

Shall require the owner to comply with the following conditions:

To apply, at his/her own expense, to the Dog Licensing Agent for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag. Such annual potentially dangerous dog licenses shall be obtained during the month of January of each year and specifically on or prior to January 31 of each year. Said licenses shall expire on February 1 of the following year. A person who applies for a license subsequent to February 10 of any year shall be considered in violation of this section and shall be subject to the penalties set forth in § 57-24M below. As a courtesy, written notification shall be sent to all persons who have not obtained their annual dog license by February 20 of any year indicating that those persons have 45 days from February 20 to obtain their potentially dangerous dog license. The owner shall also comply with all licensing requirements set forth in §§ 57-5 through 57-8. 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 potentially dangerous dog license, municipal registration number, and red identification tag;

[2]

To display, in a conspicuous manner, a sign on his/her premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure pursuant to Subsection G(1)(a)[3] hereunder;

[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.

May require the owner to maintain liability insurance in an amount determined by the Township Municipal Court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the Township to be named 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)

The owner is subject to the penalties set forth in § 57-24M for any violation of this subsection.

Fee for potentially dangerous dog license. The sum to be paid annually for a potentially dangerous dog license, and each renewal thereof, shall be $700.

Appeal of decision. The owner of the dog, or the Animal Control Officer, may appeal any final decision, order, or judgment, including any conditions attached thereto, of the Township Municipal Court pursuant to N.J.S.A. 4:19-16 et seq., or this section 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.

Liability of owner for cost of impounding, destroying dog; rabies testing.

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 Township 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 Township pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.

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.

Hearing on subsequent actions of dog. If the Township Municipal Court finds that the dog is not vicious or potentially dangerous, the Township 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.

Obligations of owner of potentially dangerous dog. The owner of a potentially dangerous dog shall:

Comply with the provisions of N.J.S.A. 4:19-16 et seq., in accordance with a schedule established by the Township Municipal Court, but in no case more than 60 days subsequent to the date of determination;

Notify the Dog Licensing Agent, Township Police Department, and the Animal Control Officer if a potentially dangerous dog is at large, or has attacked a human being or killed a domestic animal;

Notify the Dog Licensing Agent, Township Police Department, and the Animal Control Officer within 24 hours of the death, sale or donation of a potentially dangerous dog;

Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous;

(5)

Upon the sale or donation of the dog to a person residing outside the Township, notify the New Jersey Department of Health 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 of the new owner.

Violation by owner; fine, seizure, impoundment of dog. The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this section or N.J.S.A. 4:19-16 et seq., or any rule or regulation adopted pursuant thereto, 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 Township Municipal Court shall have jurisdiction to enforce this section. The Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of N.J.S.A. 4:19-16 et seq,. or this section, or any rule or regulation adopted pursuant thereto, or a court's order. The Township Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.

Township to register, identify potentially dangerous dogs; publicize phone numbers to report violations. The Township shall:

Issue a potentially dangerous dog registration number and red identification tag along with a potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he/she has complied with the court's orders. The last three digits of each potentially dangerous dog registration number issued will be the three-number code assigned to the Township in the regulations promulgated pursuant to N.J.S.A. 4:19-17. The Animal Control Officer shall verify, in writing, compliance to the Dog Licensing Agent;