The purpose of this article shall be to preserve
the public peace and good order in the Township of Marlboro and to
maintain the public health, safety and general welfare by enforcing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of the owners of dogs
and the rights and privileges of the citizens of the Township of Marlboro.
As used in this article, the following terms
shall have the meanings indicated:
ANIMAL CONTROL OFFICER
A certified municipal animal control officer or, in the absence
of such an officer, the chief law enforcement officer of the Township
or his designee.
CONFINED
As applied to an animal, shall mean that such animal is securely
confined or restrained and kept on the owner's premises, either within
a building, kennel or wire or other suitable enclosure or securely
fastened on a chain, wire or other effective tether of such length
and so arranged that the animal cannot reach or endanger any person
or any adjacent premises or on any public street, way or place or,
if the animal is being transported by the owner, that it is securely
confined in a crate or other container or is so restrained in a vehicle
that it cannot escape therefrom.
DANGEROUS ANIMAL
Designates and applies to any animal (excluding dogs) which,
without just cause, bites, attacks, chases or snaps at or otherwise
threatens to attack any person or attacks and wounds a dog or other
domestic animal or which displays any other fierce, vicious or dangerous
propensities.
DOG
Any dog or dog hybrid.
KEEPER
A.
Any person exercising control over a dog or
permitting a dog to remain under his premises under control.
B.
When applied to the proprietorship of a dog
or cat, shall include every person having a right of property in such
dog or cat and every person who has such dog or cat in his care, custody
or control.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid found to be potentially dangerous as
defined by N.J.S.A. 4:19-23; in addition, any dog which, when unprovoked,
chases or approaches a person upon the streets, sidewalks or any public
or private property in a menacing fashion or apparent attitude of
attack; any dog with a known propensity, tendency or disposition to
attack unprovoked, to cause injury or to otherwise threaten the safety
of human beings or domestic animals.
VICIOUS DOG
Any dog or dog hybrid-type which has been declared vicious
by a municipal court pursuant to N.J.S.A. 4:19-22.
If the Municipal Court declares a dog to be
potentially dangerous, it shall issue an order and schedule for compliance
which, in part, shall require the owner to comply with the following
conditions:
A. Comply with the requirements of N.J.S.A. 4:19-28.
B. Apply for a potentially dangerous dog license in accordance
with N.J.S.A. 4:19-30. License fees shall be $500 per dog.
C. Revocation of license if the applicant, owner or other
person responsible for any dangerous or potentially dangerous dog
kept within the Township violates any provision of this article or
any other applicable code, statute or regulation, and any license
issued hereunder shall be automatically revoked and the license fee
shall be retained by the Township. The Township Council reserves the
right to refuse to issue or reissue a license to any person who has
violated any provision of this article or any other applicable code,
statute or regulation. In addition to the provisions and requirements
for compliance set forth in N.J.S.A. 4:19-24, the owner or keeper
shall notify the Township within 24 hours if the dangerous or potentially
dangerous dog is loose or unconfined, has attacked another animal,
has attacked a human being or has died or has been sold or given away.
If the dog has been sold or given away, the owner shall provide the
Township with the name, address and telephone number of the new owner
and must comply with the requirements of this article.
In addition to the provisions and requirements
for compliance set forth in N.J.S.A. 4:19-24, the owner of a potentially
dangerous dog shall comply with the following requirements:
A. While on the owner's property, a potentially dangerous
dog must be secured, confined indoors or on a securely enclosed and
locked pen or structure suitable to prevent the injury of young children
and designed to prevent the animal from escaping. Such a pen must,
at a minimum, comply with the standards of N.J.S.A. 4:19-24a(3) and
shall also have minimum dimensions of five feet by seven feet and
must have secured sides and a secured top. If it has no bottom secured
to the sides, the sides must be embedded into the ground, not less
than two feet. The enclosure must also provide protection from the
elements for the dog.
B. The owner or keeper shall display a sign on his or
her premises warning that there is a potentially dangerous dog on
the property which shall be visible and capable of being read from
50 feet of the enclosure. In addition, the owner shall conspicuously
display a sign with a symbol warning children of the presence of a
dangerous dog.
The owner or keeper of a potentially dangerous
dog shall present to the Township proof that the owner or keeper has
procured liability insurance in the amount of at least $50,000 covering
a twelve-month period during which licensing is sought. The Township
shall be named as an additional insured for the sole purpose of notifying
the Township if said insurance is canceled, terminated or expired.