[Adopted by Ord. No. 1999-40 (Sec. 5-4 of the 1987 Revised General Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Any dog or dog hybrid.
Any cat, dog or livestock other than poultry.
Includes every person owning, controlling, keeping or harboring
a dog.
Any dog or dog hybrid declared potentially dangerous by a municipal
court;
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;
Any dog that has been trained, tormented, badgered, baited or
encouraged to engage in unprovoked attacks upon persons or domestic
animals.
A.
An Animal Control Officer or any person authorized by the Department
of Health of the Borough of Red Bank or any member of the Police Department
shall seize and impound a dog within 24 hours of the officer receiving
information constituting reasonable cause 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);
(2)
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 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;
(4)
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals;
(5)
Has been determined to be vicious, provided that if the dog cannot
be seized with safety, it may be killed;
(6)
Any dog or other animal which is suspected to be rabid.
B.
The dog shall be impounded until the disposition of all court proceedings,
including proceedings as to whether the dog is vicious or potentially
dangerous. Subject to the approval of the Borough Health Officer,
the dog may be impounded in a facility or other structure agreeable
to the owner at the owner's sole expense.
A.
The Animal Control Officer shall notify the Municipal Court and the
Borough Health Officer immediately that he has seized and impounded
a dog pursuant to this article, or that he has reasonable cause to
believe that a dog has killed or injured a person or 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 Animal Control Officer shall, within three working days of the
determination of the identity of the owner of a dog seized and impounded,
notify by certified mail, return receipt requested, the owner 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 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.
C.
Upon complaint filed in the Municipal Court by the Animal Control
Officer, the Health Officer or the Police Department, the Municipal
Judge, upon due notice of the owner or the other person having a property
interest in such dog, if such there be, shall thereupon cause a hearing
to be held to determine whether said dog shall thereupon be prohibited
from being upon any street, road or public place in the Borough of
Red Bank, unless securely muzzled and under leash, or the Municipal
Judge shall make such order with respect to the disposition of said
dogs as he shall deem consistent with the provision of this article
and in the best interest of the health and welfare of the residents
of the Borough of Red Bank.
A.
The Municipal Court shall declare the dog vicious if it finds by
clear and convincing evidence that the dog:
(1)
Killed a person or caused serious bodily injury as defined in N.J.S.A.
2C:11-1(b) to a person on public or private property without provocation;
or
(2)
Has engaged in dog fighting activities as described in N.J.S.A. 4:22-24
and N.J.S.A. 4:22-26 or is owned or harbored primarily for or in part
for the purpose of fighting or any dog trained for fighting.
B.
If the Municipal Court declares a dog to be vicious, and no appeal
is made of this ruling, the dog shall be destroyed in a humane and
expeditious manner, except no dog may be destroyed during the pendency
of an appeal.
C.
If the dog has bitten or exposed a person to rabies 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.
A.
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
(3)
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
B.
A dog shall not be declared potentially dangerous for:
If the Municipal Court declares the dog to be potentially dangerous,
it shall issue an order and a schedule for compliance which, in part
shall require the owner to comply with the following conditions:
A.
To apply, at his own expense, to the Borough Health Officer, for
a special municipal potentially dangerous dog license, municipal registration
number, and red identification tag. 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, a municipal
registration number, and red identification tag. The annual fee for
each potentially dangerous dog license and each renewal thereof is
$700.
B.
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 C of this section. In addition, the owner shall conspicuously display a sign with a symbol warning children of the presence of a dangerous dog.
C.
To immediately erect and maintain a sheltered enclosure with minimum
dimensions of five feet by 10 feet 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. If the enclosure has no bottom secured
to the sides, the sides must be embedded into the ground not less
than two feet deep. 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. The owner shall permit
the Animal Control Officer to inspect the enclosure and the owner's
property at least monthly to determine compliance of the provision.
D.
Maintain liability insurance in the amount of at least $50,000 to
cover any damage or injury caused by the potentially dangerous dog.
The liability insurance shall contain a provision naming the Borough
of Red Bank as an additional insured and shall contain a provision
for a thirty-day written notice to the Borough by the insurance company
as to any cancellation, termination or expiration of the liability
insurance policy.
E.
Notify the licensing authority, the Police Department, and the Animal
Control Officer if the potentially dangerous dog escapes and is at
large, or has attacked a human being or killed a domestic animal.
F.
Notify the licensing authority, the Police Department, and the Animal
Control Officer within 24 hours of the death, sale or donation of
a potentially dangerous dog.
G.
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous.
H.
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the Department and the licensing authority, Police
Department and Animal Control Officer of that municipality of the
transfer of ownership and the name, address and the telephone number
of the new owner.
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 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 in the manner established by those rules for appeals from courts
of limited jurisdiction.
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 to the municipality in which the dog is impounded
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.
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 actions of the dog.
The owner of a potentially dangerous dog who is found by clear
and convincing evidence to have violated this article, or to have
failed to comply with a court's order, shall be subject to a
fine 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 Municipal Court shall have jurisdiction to enforce
this article. An Animal Control Officer is authorized to seize and
impound any potentially dangerous dog whose owner fails to comply
with the provisions of N.J.S.A. 4:19-17 et seq. or any rule or regulation
adopted pursuant thereto, this article, or any court's order.
The Municipal Court may order that the dog so seized and impounded
be destroyed in an expeditious and humane manner.
The Borough shall:
A.
Issue a potentially dangerous dog registration number and red identification
tag along with a municipal potentially dangerous dog license upon
a demonstration of sufficient evidence by the owner to the Animal
Control Officer that he has complied with all applicable laws and
court orders. The last three digits of each potentially dangerous
dog registration number issued by a municipality will be the three-number
code assigned to that municipality in the regulations promulgated
pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify,
in writing, compliance to the Health Officer or other official designated
to license dogs in the Borough.
B.
Publicize a telephone number for reporting violations of this article.
This telephone number shall be forwarded to the State of New Jersey
Department of Health, and any changes in this number shall be reported
immediately to the State of New Jersey Department of Health.
Not more than two potentially dangerous dogs may be kept, harbored
or owned by any one person or in any one property or complex (e.g.,
apartment complex) within the Borough, excluding legally licensed
dog kennels.
If the applicant, owner, or other person responsible for any
dangerous or potentially 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
Borough 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.