[Adopted 5-19-1997 by Ord. No. 97-12]
As used in this article, the following terms
shall have the meanings indicated:
The city's certified Animal Control Officer or, in the absence
of such an officer, the Chief of Police or his designee.
Any dog or dog hybrid.
Any cat, dog or livestock, other than poultry.
Any dog or dog hybrid declared potentially dangerous by a
municipal court pursuant to § 74-28.
Any dog or dog hybrid declared vicious by a municipal court
pursuant to N.J.S.A. 4:19-22.
[Amended 2-2-2009 by Ord.
No. 09-02]
A.
The 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:11-1b to that person;
(2)
Caused bodily injury as defined in N.J.S.A. 2C:11-1a
to a person during an unprovoked attack and poses a serious threat
of harm to persons or domestic animals;
(3)
Engaged in dogfighting 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, the dog may be impounded
in a facility or other structure agreeable to the owner.
C.
The Animal Control Officer shall document all evidence
relating to the decision to seize and impound the dog, including statements
from witnesses, complainants or victims, regarding the dog, concerning
specific incidents, in detail, and including the date or dates and
the names, addresses and telephone numbers of such witnesses, complainants
or victims; police reports; observations of the Animal Control Officer;
and other relevant information.
A.
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 § 74-24 and that a hearing is required. The Animal Control Officer shall, through a reasonable attempt, determine the identity of the owner of any dog seized and impounded pursuant to § 74-24. 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 § 74-24, 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, relinquishing 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.
C.
In the event that the owner requests a hearing, the
Animal Control Officer shall promptly notify the Municipal Court Administrator
and the Municipal Court Prosecutor. The Animal Control Officer shall
be responsible to provide the Municipal Court Prosecutor with all
evidence relating to the dog in question, including the names, addresses
and telephone numbers of witnesses who should be subpoenaed for the
hearing and their probable testimony.
Notwithstanding any provision in this article
or in N.J.S.A. 4:19-17 et seq. to the contrary, the city 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, in a writing, signed by both parties. Notwithstanding
any provision of law to the contrary, neither the city nor any of
its officers, employees or agents shall have any liability by virtue
of having entered into any settlement agreement pursuant to this section,
for any action or inaction related to the entry into such agreement,
for any injuries or damages caused thereafter by the dog. The city
may, as a condition of the settlement agreement, also require that
the owner of the dog hold the city and its officers, employees and
agents harmless for any legal expenses or fees incurred in defending
against any such cause of action brought against the city, notwithstanding
the prohibition against such causes of action set forth in N.J.S.A.
4:19-21.1. For the purposes of settlement agreements made under this
section, the Animal Control Officer is authorized to negotiate and
execute such agreements on behalf of the city, provided that prior
thereto the same is approved by the Chairperson of the City Council
Committee which oversees the Animal Control Officer, and the proposed
settlement agreement is reviewed and approved by the City Attorney.
[1]
Editor’s Note: Former § 74-27, Finding to declare
dog vicious; destruction, and § 74-28, Finding to declare dog
potentially dangerous, were repealed 2-2-2009 by Ord. No. 09-02. See
now N.J.S.A. 4:19-22 and N.J.S.A. 4:19-23.
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. The owner shall:
(1)
Apply, at his own expense, to the City Treasurer or other city 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 § 74-35 of this article. 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)
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.
(3)
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 which is 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 city 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
may appeal any final decision, order or judgment, including any conditions
attached thereto, of the 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.
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 city 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 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, the Animal Control Officer
shall cause its head to be transported to the New Jersey 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 Animal Control Officer, the City Police
Department and the City Treasurer if a potentially dangerous dog is
at large or has attacked a human being or killed a domestic animal.
C.
Notify the Animal Control Officer, the City Police
Department and the City Treasurer 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 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.
The owner of a potentially dangerous dog who
is found by clear and convincing evidence to have violated this article
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.
The 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 thereto
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.
A.
The City Treasurer shall 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 will be the three-number code assigned
to the city in the regulations promulgated pursuant to N.J.S.A. 4:19-33.
The Animal Control Officer shall verify, in writing, compliance to
the City Treasurer or other official designated to license dogs in
the city.
B.
The Animal Control Officer shall publicize a telephone
number for reporting violations of this article. The telephone number
and any changes in this number shall be reported immediately to the
New Jersey Department of Health.
Each person who shall own, possess, keep or
harbor any potentially dangerous dog or dogs shall obtain an annual
license for each dog and shall have the same registered and numbered
with the City Treasurer and for such license shall pay the sum of
$700, as a license fee for each and every potentially dangerous dog.
This provisions of this article shall not apply
to dogs used for law enforcement activities.
