[Adopted by Ord. No. 1-2002 (Ch. 6.09 of the 1996 Municipal Code)]
As used in this article, the following words are defined as follows:
ANIMAL CONTROL OFFICER
A certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the City or his designee.
DEPARTMENT
The State Department of Health and Senior Services.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by the Municipal Court pursuant to § 84-15.
VICIOUS DOG
Any dog or dog hybrid declared vicious by the Municipal Court pursuant to § 84-14.
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:11-1(b) to that person;
(2) 
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack and imposes a serious threat of harm to persons or domestic animals;
(3) 
Engaged in dog fighting 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 judicial disposition as to whether the dog is vicious or potentially dangerous. If approved by the City's Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.
A. 
Notice of seizure and impoundment. The Animal Control Officer shall notify the Municipal Court and the Municipal Health Officer immediately 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.
B. 
Effort to identify owner. The Animal Control Officer shall engage in a reasonable effort to determine the identity of the owner of any dog seized and impounded.
C. 
Notice of hearing. The Animal Control Officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded, notify the owner, by certified mail, return receipt requested, 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 the ownership of the dog, in which case the dog may be humanely destroyed.
D. 
Destruction of dog. The dog may be humanely destroyed if the owner cannot be identified within seven days of seizure and impoundment, or if the owner has been identified but 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 requesting a hearing within seven days of receipt.
A. 
Grounds to declare dog vicious. If a hearing is requested, the Municipal Court shall declare a dog vicious if it finds by clear and convincing evidence that the dog has engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26 or has, without provocation, killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to a person. The City shall bear the burden of proving that the dog was not provoked.
B. 
Destruction of dog. If the Municipal Court declares a dog to be vicious, and no appeal is made to the Superior Court, 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. 
Standard for declaration that dog is potentially dangerous. If a hearing is requested, the Municipal Court shall declare a dog to be potentially dangerous if it finds, by clear and convincing evidence, that the dog:
(1) 
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person; or
(2) 
Killed another domestic animal and:
(a) 
Poses a threat of serious bodily injury or death to a person; or
(b) 
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. 
Standard for declaring that a dog is not potentially dangerous. A dog shall not be declared potentially dangerous for killing a domestic animal if the domestic animal was the aggressor, or for causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person if the dog was provoked. The burden of proof shall be imposed upon the City to prove that the dog was not provoked.
A. 
Order and schedule for compliance for potentially dangerous dog. Upon a finding that a dog is potentially dangerous, the Municipal Court shall issue an order setting forth its finding and requiring the owner to comply with the following conditions:
(1) 
To apply, at the owner's expense, to the City's Registrar of Vital Statistics for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to § 84-19. 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 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 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;
(3) 
To display, in a conspicuous manner, a sign on the property warning of the potentially dangerous dog, which sign shall be visible and legible from 50 feet of the enclosure.
B. 
Liability insurance. The Municipal Court order may require the owner to maintain liability insurance in an amount 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 that the City 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.
C. 
Inspection by Animal Control Officer. The owner shall permit the Animal Control Officer to gain access to the property at least monthly to inspect the sign and the enclosure required by Subsection A(2) and (3).
D. 
Continuing jurisdiction of the Municipal Court upon finding that dog is not vicious or potentially dangerous. Upon a finding by the Municipal Court that the dog is not vicious or potentially dangerous, the Municipal Court shall retain jurisdiction 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 § 84-16A(2) and (3) in accordance with the schedule established by the Municipal Court, which in no case shall be more than 60 days subsequent to the date of the determination that the dog is potentially dangerous;
B. 
Notify the City's Registrar of Vital Statistics, Division of Police, and the Animal Control Officer if the potentially dangerous dog is at large, or has attacked a human being or killed a domestic animal;
C. 
Notify the City's Registrar of Vital Statistics, Division of Police, and the Animal Control Officer within 24 hours of the death, sale or donation of the 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 State Department of Health and Senior Services and the City's Registrar of Vital Statistics, Division of Police and Animal Control Officer, of the transfer of ownership and the name, address and telephone of the new owner; and
F. 
Pay all dog licensing fees, including the City's potentially dangerous dog license fee.
A. 
Settlement agreement. 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. As a condition of a settlement agreement, the City shall require that the owner of the dog hold the City harmless for any legal expenses or fees the City may incur in defending against any cause of action brought against the City. Neither the City nor any of its employees shall have any liability by virtue of having entered into any settlement agreement, or for any action or inaction related to the entry into such agreement, for any injuries or damages thereafter caused by the dog.
B. 
Procedures for appeal. 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 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.
C. 
Cost of impoundment and destruction. Upon the exhaustion of all appeals, the owner of the dog which has been declared vicious or potentially dangerous 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.
A. 
Issuance of potentially dangerous dog registration number, red identification tag and license. The City's Registrar of Vital Statistics shall issue a potentially dangerous dog registration number and red identification tag along with a potentially dangerous dog license upon written verification from the Animal Control Officer that the owner has complied with the order of the Municipal Court. The last three digits of the potentially dangerous dog registration number shall be 099.
B. 
Telephone number for reporting violations. The City's Registrar of Vital Statistics shall publicize a telephone number for reporting violations of this article. The telephone number shall be forwarded to the Department, which shall be notified immediately of any changes in the telephone number.
A. 
Fees for license. The annual fee for a potentially dangerous dog license, and each renewal thereof, shall be as set forth in Chapter 146, Fee Schedule.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Fees for impoundment and destruction. The fees for impoundment and destruction shall be as follows: fees for impoundment shall be set by resolution to be adopted by Burlington City Council. Said resolution is incorporated herein by reference and may be amended periodically by City Council.
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 by the City, or to have failed to comply with a court order, shall be subject to a fine to be imposed by the Municipal Court 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 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 promulgated by the City, or a court order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.
All fines and fees collected or received by the City shall be deposited in a special account and used by the City to administer and enforce the regulation of vicious and potentially dangerous dogs within the City.
Any action undertaken in accordance with this article pursuant to N.J.S.A. 4:19-17 et seq. shall be deemed to be an exercise of governmental function and shall be subject to the provisions of the "New Jersey Tort Claims Act."