As used in this article:
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.
DEPARTMENT
The Department of Health or such other regional or county
health organization performing public health functions for the Town
of Phillipsburg as designated by the Town Code.
DOG
Any dog or dog hybrid.
VICIOUS DOG
Any dog or dog hybrid declared vicious by a municipal court pursuant to §
172-43 of the Town Code.
Notwithstanding any provision of this article
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. Notwithstanding
any provision of this article to the contrary, neither the municipality
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 municipality
may, as a condition of the settlement agreement, also require that
the owner of the dog 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.
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 Municipal
Clerk or other official designated to license dogs pursuant to N.J.S.A.
4:19-15.2, for a special municipal potentially dangerous dog license,
municipal registration number, and red identification tag issued pursuant
to N.J.S.A. 4:19-1 et seq. 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 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 Subsection
A(3) of this section; and
(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. May require the owner to maintain liability insurance
in an amount determined by the 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 Town of Phillipsburg 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.
The owner of the dog, or the animal control
officer in the municipality in which the dog was impounded, may appeal
any final decision, order, or judgment, including any conditions attached
thereto, of a municipal court pursuant to this article 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.
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.
The owner of a potentially dangerous dog shall:
A. Comply with the provisions of this article 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,
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
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 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 §
172-37.15.
The owner of a potentially dangerous dog who
is found by clear and convincing evidence to have violated this act,
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 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
article or any rule or regulation adopted pursuant to N.J.S.A. 4:19-33,
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.
The Town of Phillipsburg 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 a municipality will be the three-number code assigned
to that municipality by the state. The animal control officer shall
verify, in writing, compliance to the Municipal Clerk or other official
designated to license dogs in the municipality; and
B. Publicize a telephone number for reporting violations
of this article. This telephone number shall be forwarded to the department
and any changes in this number shall be reported immediately to the
department.
The annual fee to obtain a potentially dangerous
dog license and each renewal thereof shall be $700.
The animal control officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with Subsection
A(2) and (3) of §
172-37.8 of the Town Code.
Any action undertaken pursuant to the provisions
of this article shall be deemed to be an exercise of a government
function and shall be subject to the provisions of the New Jersey
Tort Claims Act, N.J.S.A. 59:1-1 et seq.
All fines and fees collected or received by the municipality pursuant to §
172-37.13 and §
172-37.15 of the Town Code shall be deposited in a special account and used by the municipality to administer and enforce the provisions of this article.
The provisions of this article shall not apply
to dogs used for law enforcement activities.