Borough of Red Bank, NJ Vicious and Potentially Dangerous Dogs

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.

VICIOUS DOG

Any dog declared vicious by a municipal court;

Any dog which has inflicted severe injury on a human being on public or private property without provocation;

Any dog owned or harbored primarily for or in part for the purpose of fighting or any dog trained for fighting.

§ 231-31 Impoundment.

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.

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.

§ 231-32 Notification.

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.

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.

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.

§ 231-33 Vicious dog.

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.

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.

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.

§ 231-34 Potentially dangerous dog.

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)

Severely injured or killed another domestic animal; and[1]

(a)

Poses a threat of serious bodily injury or death to a person;

(b)

Poses a threat of death to another domestic animal, or

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

(3)

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:

(1)

Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person if the dog was provoked; or

(2)

Severely injuring or killing a domestic animal if the domestic animal was the aggressor.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

§ 231-35 Requirements for owners of potentially dangerous dog.

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:

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.

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.

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.

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.

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.

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.

Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous.

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.

§ 231-36 Appeal.

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.

§ 231-37 Liability for costs of impoundment and destruction.

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.

§ 231-38 Hearing for subsequent actions of dog.

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.

§ 231-39 Violations and penalties.

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.

§ 231-40 Potentially dangerous dog registration number; telephone number to report violations.

The Borough shall:

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.

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.

§ 231-41 Number permitted.

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.

§ 231-42 Revocation of license.

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.