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.
VICIOUS DOG
Any dog or dog hybrid declared vicious by the Municipal Court pursuant to §
84-14.
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.
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."