[Adopted 12-26-1990 by Ord. No. 90-113; amended in its entirety 8-28-2001 by Ord. No. 2001-54 (Ch. 219, Art. VI, of the 1990 Code)]
For the purposes of this article, the following
terms shall be defined as follows:
A certified Municipal Animal Control Officer or, in the absence
of such an officer, the chief law enforcement officer of the municipality,
or designee.
Any dog or dog hybrid.
Any cat, dog or livestock other than poultry.
Any dog or dog hybrid declared "potentially dangerous" pursuant
to this article.
Any dog or dog hybrid declared "vicious" pursuant to this
article.
A.
An Animal Control Officer appointed by the Vineland
Police Department 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-b, 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.
(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. If the owner
does not agree to the facility or other structure approved by the
Health Officer, the owner shall be responsible for all fees involved
at the facility of his own choosing, provided that this facility is
approved by the Municipal Health Officer.
A.
The Animal Control Officer shall notify the Municipal Court and the Municipal Health Officer within three working days that he has seized and impounded a dog pursuant to § 224-57 of this article 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. If the owner cannot be identified within seven days, that dog may be humanely destroyed.
B.
The Municipal Court shall, within three working days
of the determination of the identity of the owner of a dog seized
and impounded pursuant to this article, 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.
The Municipal Court shall notify the owner of
the impounded dog by certified mail, return receipt requested, of
the date and time of the hearing. The Animal Control Officer shall
also hand deliver a copy of the certified mailed notice and post it
at the residence of the owner. During the hearing, the owner shall
have the opportunity to present evidence to demonstrate that the dog
is not vicious or potentially dangerous.
A.
The Municipal Court shall declare the dog "vicious"
if it finds by clear and convincing evidence that the dog:
B.
A dog may not be declared "vicious" for inflicting
death or serious bodily injury as defined in N.J.S.A. 2C:11-1b upon
a person if that person was committing or attempting to commit a crime
or if that person was tormenting or inflicting pain upon the dog in
such an extreme manner that an attack of such nature could be considered
provoked. If the Municipal Court declares a dog to be vicious and
no appeal is made of this ruling, 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 that the dog:
(1)
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 bodily injury or death to a person;
(2)
Killed another domestic animal and poses a threat
of serious bodily injury or death to a person or 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:11-1a,
to a person if that person was committing or attempting to commit
a crime or if that person was tormenting or inflicting pain upon the
dog in such an extreme manner that an attack of such nature could
be considered provoked; or
(2)
Killing a domestic animal if the domestic animal was
the aggressor.
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 Director of the Department of Licenses and Inspections for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to § 224-65 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)
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 hereunder.
(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 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 comply with the following
conditions:
(1)
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 municipality in which the owner resides 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.
(2)
To tether the dog within the enclosure with a tether
approved by the Animal Control Officer and having a minimum tensile
strength in excess of that required to fully secure the dog and of
a length which prohibits the dog from climbing, jumping or digging
out of a confined area.
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 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, its head shall be transported
to the New Jersey State Department of Health and Senior Services laboratory
for rabies testing.
C.
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.
A.
The owner of a potentially dangerous dog shall:
(1)
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.
(2)
Notify the Department of Licenses and Inspections,
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.
(3)
Notify the Department of Licenses and Inspections,
Police Department and the Animal Control Officer within 24 hours of
the death, sale or donation of a potentially dangerous dog.
(4)
Prior to selling or donating the dog, inform the prospective
owner that the dog has been declared potentially dangerous.
(5)
Upon the sale or donation of the dog to a person residing
in a different municipality, notify the local health department, 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.
(6)
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 City of Vineland pursuant to § 224-65 of this article.
(7)
Have the dog neutered or spayed.
B.
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 Municipal 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 thereto or a Municipal
Court's order. The Municipal Court may order that the dog so seized
and impounded be destroyed in an expeditious and humane manner.
The Department of Licenses and Inspections 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 Municipal
Court's orders. The last three digits of each potentially dangerous
dog registration number issued by the Department of Licenses and Inspections
will be "201." The Animal Control Officer shall verify, in writing,
compliance with the Municipal Clerk or other official designated to
license dogs in the municipality.
B.
Publicize a telephone number for reporting violations
of this article.
The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with § 224-62 of this article.
The person applying for the license and registration tag shall pay a fee of $700 for each dog, and each annual renewal thereof shall be the same as the original license and registration tag. Such licenses, tags and renewals thereof shall expire on the last day of January of the year following the year in which the license, registration tag and renewal are issued. All fines and fees collected or received by the City of Vineland pursuant to §§ 224-64 and 224-65 of this article shall be deposited in a special account and used by the City of Vineland to administer and enforce the provisions of this article.
The provisions of this article shall not apply
to dogs used for law enforcement.
