In the event that any dog, whose owner resides
within the municipality, is found to be a potentially dangerous dog,
pursuant to N.J.S.A. 4:19-17 et seq., the said dog owner, at his or
her own expense, shall apply to the Township Clerk for the issuance
of a special, municipal potentially dangerous dog registration number
and red identification tag, along with a Township of Wyckoff potentially
dangerous dog license. The owner shall at his or her own expense have
the registration number tattooed upon the dog in a prominent location.
The last three digits of the potentially dangerous dog registration
number shall be the three digit code assigned to the Township of Wyckoff
by the State of New Jersey pursuant to N.J.S.A. 4:19-33. Said license
shall only be issued by the Township Clerk upon written notice from
the animal control officer of the Township of Wyckoff in compliance
with the terms of this section and compliant with the terms of any
stipulation of settlement or orders of the Municipal Court pursuant
to N.J.S.A. 4:19-17 et seq. The potentially dangerous dog shall be
impounded until the owner complies with all of the requirements set
forth herein. The current daily charge of the animal control service
contracted by the Township of Wyckoff for impoundment of the potentially
dangerous dog shall be paid by the owner.
The fee for a potentially dangerous dog license
shall be $700.
In order to obtain the issuance of a potentially
dangerous dog registration number and license, the owner must comply
with the following conditions:
A. The owner shall display, in a conspicuous manner, a sign on owner's 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
B of this subsection.
B. The owner must immediately erect and maintain an enclosure,
which shall have dimensions of seven feet by 10 feet, where the potentially
dangerous dog shall be kept and maintained and which shall have sound
sides, a top and concrete bottom to prevent the potentially dangerous
dog from escaping by climbing, jumping or digging and which shall
be within a fence, that shall be installed in the concrete, at least
six feet in height. The enclosure shall be screened, buffered and
landscaped, as required by the Township Engineer, so as to block the
view of the enclosure by neighboring property owners. The owner shall
obtain all zoning and land use approvals and building permits as may
be required by the Township of Wyckoff for an accessory building or
structure before constructing and erecting the enclosure. The owner
shall securely lock the enclosure to prevent any release or escape
of the potentially dangerous dog by an unknowing child or other person.
The potentially dangerous dog 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.
C. The owner shall maintain liability insurance, in the
amount of $1,000,000 or in an amount otherwise 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 that the Township of Wyckoff
be named as the additional insured for the sole purpose of being notified
upon the cancellation, termination or expiration of said liability
insurance policy.
D. In the event that the owner elects to permanently
remove the potentially dangerous dog from the Township of Wyckoff
and to terminate his obligations herein and under N.J.S.A. 4:19-17
et seq., the owner must provide to the Township written evidence of
payment in full, by the owner, of all impoundment charges due the
animal control service contracted by the Township of Wyckoff and either
written evidence that the dog was humanely destroyed or a letter from
the individual or agency accepting custody of the dog acknowledging
that they have agreed to take custody of the dog and that they are
aware that the dog has attacked persons or other domestic animals
and has been declared a potentially dangerous dog under the N.J.S.A.
4:19-17 et seq.
The Township of Wyckoff and its employees, agents,
representatives or servants shall be relieved of any liability by
virtue of any of its actions or inactions under this article or under
N.J.S.A. 4:19-17 et seq.