[Adopted 12-3-1990 by Ord. No. 1990-20]
As used in this article, the following terms shall have the meanings indicated:
- ANIMAL CONTROL OFFICER
- A certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the municipality or his designee.
- The New Jersey State Department of Health.
- Any dog or dog hybrid of either sex, whether or not neutered or spayed.
- DOMESTIC ANIMAL
- Any cat, dog or livestock other than poultry.
- ENABLING STATUTE
- Refers to N.J.S.A. 4:19-17 et seq., and all amendments thereof and supplements thereto.
- Any panel selected pursuant to the enabling statute.
- POTENTIALLY DANGEROUS DOG
- Any dog or dog hybrid declared potentially dangerous by the panel pursuant to the enabling statute.
- VICIOUS DOG
- Any dog or dog hybrid declared vicious by the panel pursuant to the enabling statute.
It shall be the duty of the Chief of Police of this municipality to receive and investigate complaints involving attacks or bites by dogs, dogfighting activities and the training or encouragement of dogs to make unprovoked attacks upon persons or domestic animals.
It shall be the duty of all appropriate Township officials to enforce the provisions of the enabling statute as applicable within the Township. In the event that a hearing is to be convened pursuant to the statute just cited, the County Board of Health shall be notified and shall convene such a hearing, select the panel, conduct the hearing and carry out the decisions of the panel.
The owner of any dog which has been declared vicious or potentially dangerous shall be responsible for all actual costs and expenses of impounding and destroying said dog, convening said hearing, the notices in connection therewith and all other related expenses incurred by the Township. In the event that any dog is impounded pursuant to the enabling statute in a facility other than the Township pound, the owner shall be responsible for all actual costs and expenses of impounding said dog, regardless of whether the dog is declared vicious or potentially dangerous.
No person shall keep or harbor within the Township of Lumberton any dog which has been declared potentially dangerous without obtaining from the Township Clerk/Administrator a special municipal license and complying with all requirements of the enabling statute, this Article and the order of the panel. The fee for a license to keep in the municipality a potentially dangerous dog shall be as set forth in § 136-3G of Article I of this chapter. The Township Clerk/Administrator, when issuing such a license, shall assign a municipal registration number in accordance with the uniform statewide municipal registration system established by the regulations of the Department, together with a red identification tag. Prior to the issuance of such a license, the Animal Control Officer shall verify to the Township Clerk/Administrator that the owner of the dog has complied with the panel's orders.
Notwithstanding any other provisions of this Article, the seizure and impoundment of dogs pursuant to the enabling statute and as provided for in this Article, shall be governed by the provisions of the statute cited.
Any dog that has been impounded pursuant to the provisions of this Article and the statute herein cited who remains unclaimed for seven days after notice or for seven days after seizure when it is not possible to serve notice shall be subject to disposal, except as may be otherwise required by the enabling statute and this Article. The Animal Control Officer may cause any dog subject to disposal to be humanely put to death in a manner causing the least possible pain to the dog.
The owner of a potentially dangerous dog who is found by a preponderance of the evidence to have violated the statute herein cited or any rule or regulation adopted pursuant thereto or to have failed to comply with the panel'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 Lumberton Township Municipal Court shall have jurisdiction to enforce this penalty. An Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner falls to comply with the provisions of the statute or any rule or regulation adopted pursuant thereto or a panel's order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.