[9-18-2007 by Ord. No. O:2007-14]
A. 
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.
B. 
For the purpose of this article, a person is lawfully upon the private property of such owner when he 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 is on such property upon the invitation, express or implied, of the owner thereof.
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.
DOMESTIC ANIMAL
Any cat, dog, or livestock other than poultry.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to § 172-44 of the Town Code.
VICIOUS DOG
Any dog or dog hybrid declared vicious by a municipal court pursuant to § 172-43 of the Town Code.
A. 
An animal control officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:
(1) 
Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person;
(2) 
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;
(3) 
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26; or
(4) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
B. 
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 municipal health officer or person serving in said capacity, the dog may be impounded in a facility or other structure agreeable to the owner.
A. 
The animal control officer shall immediately notify the municipal court and the municipal health officer (or person serving in said capacity) that he has seized and impounded a dog pursuant to § 172-37.3 of the Town Code 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 § 172-37.3. 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 § 172-37.3 of the Town Code, 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.
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.
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 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 pursuant to § 172-37.9 of the Town Code, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
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;
(2) 
Severely injured or 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) 
Severely injuring or killing a domestic animal if the domestic animal was the aggressor.
C. 
For the purposes of Subsection B(1) of this section, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
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.
A. 
Costs and expenses.
(1) 
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 municipality for the costs and expenses of impounding and destroying the dog. These costs and expenses shall be as follows:
(a) 
Boarding: $50 per day.
(b) 
Euthanasia and disposal: $200.
(c) 
Medical care and other costs: actual costs incurred.
(2) 
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.
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.