As used in this article, the following terms shall have the
meanings indicated:
DOG
Any dog or dog hybrid.
OWNER
Includes every person owning, controlling, keeping or harboring
a dog.
POTENTIALLY DANGEROUS DOG
A.
Any dog or dog hybrid declared potentially dangerous by a municipal
court;
B.
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;
C.
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;
D.
Any dog that has been trained, tormented, badgered, baited or
encouraged to engage in unprovoked attacks upon persons or domestic
animals.
VICIOUS DOG
A.
Any dog declared vicious by a municipal court;
B.
Any dog which has inflicted severe injury on a human being on
public or private property without provocation;
C.
Any dog owned or harbored primarily for or in part for the purpose
of fighting or any dog trained for fighting.
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.
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.