[Adopted 4-5-2005 by Ord. No. 05-06]
As used in this article, the following terms
shall have the meanings indicated:
Any dog or dog hybrid declared potentially dangerous by the
Runnemede Municipal Court or another municipal court pursuant to N.J.S.A.
4:19-23.
Any dog or dog hybrid declared vicious by the Runnemede Municipal
Court or another municipal court pursuant to N.J.S.A. 4:19-22.
A.
The Animal Control Officer shall be empowered to seize
and impound a dog when the Officer has reasonable cause to believe:
B.
Any dog seized shall be kept until the final disposition
as to whether the dog is vicious or potentially dangerous. Subject
to the approval of the Municipal Court, the dog may be kept in an
animal control facility or other structure if agreed by the owner
and the Animal Control Officer.
A.
The Animal Control Officer shall notify the Municipal
Court immediately that he has seized and impounded a dog pursuant
to this subsection and N.J.S.A. 49:19-19, 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 make
a reasonable effort to attempt to determine the identity of the owner
of any dog seized, and if its owner cannot be identified within seven
days, that dog may be humanely destroyed.
B.
Within three working days of the determination of
the identity of the owner of the dog seized, the Animal Control Officer
shall notify, by certified mail, return receipt requested, the owner
concerning the seizure and impoundment of his or her dog and advising
that if the owner wishes, a hearing will be held to determine whether
the 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 the owner
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.
Nothing herein contained shall prevent the application
of N.J.S.A. 4:19-17 regarding a settlement between the municipality
and the owner of a dog seized upon such terms as may be mutually agreed
upon. No employee of the municipality nor the municipality itself
shall have any liability by virtue of having entered into any settlement
in accordance with N.J.S.A. 4:19-17 et seq.
The Runnemede Municipal Court shall declare
the dog vicious if it finds by clear and convincing evidence that
the dog caused serious bodily injury as defined at N.J.S.A. 2C:11-1(b)
or has engaged in dog fighting activities as described in N.J.S.A.
4:22-24 and 4:22-26. A dog shall not, however, be declared vicious
for inflicting serious bodily injury if the dog was provoked, and
the municipality shall bear the burden of proof that the dog was not
provoked.
No dog shall be destroyed pending an appeal
of the Municipal Court's decision pursuant to N.J.S.A. 4:19-25. If,
however, no appeal has been taken, the dog shall be destroyed in a
humane and expeditious manner.
The liability of owners for costs of impoundment
and destruction shall be governed by N.J.S.A. 4:19-26.
If the Municipal Court declares the dog to be
potentially dangerous, the Court shall issue and order a compliance
schedule pursuant to N.J.S.A. 4:19-24.
The Municipal Court shall declare a dog to be
potentially dangerous if it finds by clear and convincing evidence
that the dog caused bodily injury as defined by N.J.S.A. 2C:11-1(a)
to a person during an unprovoked attack and poses a serious threat
of bodily injury; severely injured or killed another domestic animal
and poses a threat of serious bodily injury to a person or poses a
threat of death to another domestic animal; or has been trained, tormented,
badgered, baited, or encouraged to engage in unprovoked attacks upon
persons or domestic animals. A dog shall not be declared potentially
dangerous if having caused bodily injury as a result of being provoked
or severely injuring or killing a domestic animal if the domestic
animal was the aggressor. 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
requiring the following:
A.
The owner shall apply, at his own expense, to the
Municipal Clerk or other official designated to license dogs for special
municipal potentially dangerous dog license, municipal registration
number, and red identification tag issued pursuant to N.J.S.A. 4:19-30.
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.
B.
The owner shall display a conspicuous sign on his premises warning that a potentially dangerous dog is on the premises, and said sign shall be visible and legible from 50 feet of the enclosure required under Subsection C.
C.
The owner shall immediately erect and maintain an
enclosure for the potentially dangerous dog on his property where
the dog will be kept and maintained. The enclosure shall have sound
sides, top and bottom to prevent the dog from escaping by climbing,
jumping or digging and shall include an entryway with a fence of at
least six feet in height separated by at least three feet from the
confined area. The owner shall securely lock the enclosure to prevent
the entry of the general public or escape of a dog. If removed from
the enclosure, the dog shall be securely muzzled and restrained with
a tether approved by the Animal Control Officer and having a minimum
tensile strength in excess of that required to restrict the dog's
movement to a radius of no more than three feet from the handler.
D.
The owner shall be required to maintain liability
insurance in an amount determined by the Municipal Court to cover
any damage or injury caused by the potentially dangerous dog. Said
insurance shall also contain a provision naming the municipality 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 a dog or the Animal Control Officer
may appeal any decision, order or judgment of the Municipal Court
to the Superior Court Law Division as provided under N.J.S.A. 4:19-25.
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 action of the dog.
The owner of a potentially dangerous dog shall:
A.
Comply with all provisions of this article and N.J.S.A.
4:19-17 et seq., 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 Runnemede Police Department and the Animal
Control Officer if the potentially dangerous dog is at large or has
attacked a human being, attacked or killed a domestic animal;
C.
Notify the licensing authority and Runnemede Police
Department and the Animal Control Officer within 24 hours of the death,
sale or donation of a potentially dangerous dog;
D.
Prior to the selling or the donating of the dog, inform
he prospective owner that the dog has been declared potentially dangerous;
E.
Upon sale or donation of the dog, notify the Police
Department, licensing authority and Animal Control Officer of the
municipality to which the dog shall be transferred of the new owner's
name, address and telephone number;
F.
In addition to any license fee required, pay a potentially
dangerous dog license fee to the Borough of Runnemede in the amount
of $700 per year.
Among any other penalties as may be provided
by N.J.S.A. 4:19-17 et seq., 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 or to have failed to
comply with the Court's order shall be subject to a fine of not less
than $1,000 per day for such violation, and each day's continued violation
shall constitute a separate and distinct violation. The Municipal
Court shall have jurisdiction and an Animal Control Officer is authorized
to seize and impound any potentially dangerous dog whose owner fails
to comply with the provisions hereunder or N.J.S.A. 4:19-17 et seq.
or any rule or regulation adopted pursuant to thereto, including a
Court's order. The Municipal Court shall have the power to order that
the dog so seized and impounded may be destroyed in an expeditious
and humane manner.
The Animal Control Officer shall inspect the
enclosure and the owner's property at least monthly to determine continuing
compliance with this article and N.J.S.A. 4:19-17 et seq.
All fees and fines collected by the Borough
of Runnemede shall be deposited in a special account to be used to
administer and enforce the provisions of this article.
The provisions of this article shall not apply
to dogs used for law enforcement activities.
