[Adopted 10-10-2002 by Ord. No. 2002-8]
As used in this article, the following terms
shall have the meanings indicated:
Any dog that has caused bodily injury to a person during
an unprovoked attack, and poses a serious threat of bodily injury
or death to a person; or killed another domestic animal, and poses
a threat of serious bodily injury or death to a person; or poses a
threat of death of 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" for causing bodily injury 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 killing a domestic
animal if the domestic animal was the aggressor.
Bodily injury which creates a substantial risk of death or
which causes serious, permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ.
The Animal Control Officer shall seize and impound
a dog when the officer has reasonable cause to believe that the dog
attacked a person and caused death or serious bodily injury to that
person; caused bodily injury to a person during an unprovoked attack
and poses a serious threat of harm to persons or domestic animals;
engaged in dog fighting activities or has been trained, tormented,
badgered, baited or encouraged to engage in unprovoked attacks upon
persons or domestic animals. The dog shall be impounded until the
final disposition as to whether the dog is vicious or potentially
dangerous.
A.
The Animal Control Officer shall notify the Municipal
Court within three working days that he has seized and impounded a
dog 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 its
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 hereto, notify by certified mail, return receipt
requested, the owner concerning the seizure and impoundment and the
grounds for a hearing. The 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 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.
A.
The Municipal Court shall conduct a hearing within
30 days of the receipt of the signed statement from the dog's owner
to determine whether the dog impounded is vicious or potentially dangerous.
B.
The Municipal Court shall notify the owner of the
impounded dog by certified mail, return receipt requested, and the
Camden County Department of Health and Human Services of the date
and time of the hearing. The owner shall have the opportunity to present
evidence to demonstrate that the dog is not vicious or potentially
dangerous.[1]
A.
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 to a person during an unprovoked attack and
poses a serious threat of bodily injury or death to a person, or killed
another domestic animal and poses a threat of serious bodily injury
or death to a person; or poses a threat of death to other domestic
animals or has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon person or domestic animals.[1]
B.
No dog which
has been so determined to be a vicious or potentially dangerous dog,
based on criteria provided by N.J.S.A. 4:19-17 through 4:19-37, shall
be permitted to run at large or be upon any street or public place
in the Borough of Chesilhurst, except while securely muzzled and under
leash; the owner or person harboring any such vicious or potentially
dangerous dog who shall allow or permit such dog to run at large or
be upon any street or public place in said Borough while not securely
muzzled and under leash shall be guilty of a violation of this article.[2]
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 Borough Clerk
for a special municipal potentially dangerous dog license, municipal
registration number and red identification tag issued. 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 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 pursuant to Subsection A(3).
(3)
To immediately erect and maintain an enclosure for
the potentially dangerous dog, which has sound sides, top and bottom
to prevent the potentially dangerous dog from escaping by climbing,
jumping or digging and 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 the potentially dangerous dog by an unknowing individual.
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.
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 naming
the Borough of Chesilhurst 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 in the municipality in which the dog was impounded, may appeal
any final decision, order or judgment, including any conditions attached
thereto, of a municipal court pursuant to P.L. 1989, c. 307 (N.J.S.A.
4:19-17 et seq.) 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 form 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 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 Borough's dog 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 laboratory for rabies
testing.
If the owner or keeper of a dangerous dog within
the Borough is a minor, the parent or guardian of that minor shall
be responsible for compliance with the requirements of this article
and shall be liable for injuries and damages sustained by any person
or domestic animal caused by an unprovoked attack by the dog.
In addition to all the requirements of the state
law, the following actions are required by owners of dogs that have
been designated as dangerous by the above procedures:
A.
A license application shall be filed with the Borough
Clerk and shall provide the following information:
(1)
The name of the applicant.
(2)
The name of the owner if different from the applicant.
(3)
The address where the dog(s) is kept.
(4)
The number of such dogs on the premises.
(5)
The method to be used to secure/restrain the dog(s)
on the property.
(6)
The name of the person responsible for care and confinement
of the dog(s).
(7)
The name, address and policy number of the applicant's
homeowners' insurance policy.
B.
All applications shall be accompanied by an application
fee of $50 which is nonrefundable. The fee includes the cost of processing
the application and any inspection prior to licensing.
C.
Licenses shall be issued by the Borough Clerk only
after the appropriate fees have been paid and if the applicant has
complied fully with all applicable codes, statutes and regulations.
E.
Revocation of license. If the applicant, owner or
other person responsible for any dangerous dog kept within the Borough
violates any provision of this article or any other applicable code,
statute or regulation, then any license issued hereunder shall be
automatically revoked and the license fee shall be retained by the
Borough. The Mayor and the Borough Council reserves the right to refuse
to issue or reissue a license to any person who has violated any provision
of this article or other applicable code, statute or regulation.[2]
