[Adopted 9-23-2008 by Ord. No. O-22-2008[1]]
[1]
Editor's Note: This ordinance also repealed former Art. IV,
Regulation of Vicious Dogs, adopted 12-22-1987 by Ord. No. O-16-87,
as amended.
As used in this article, the following terms shall have the
meanings indicated:
Any dog or dog hybrid declared potentially dangerous by the
Franklin Township Municipal Court or another municipal court pursuant
to N.J.S.A. 4:19-23.
Any dog or dog hybrid declared vicious by the Franklin Township
Municipal Court or another municipal court pursuant to N.J.S.A. 4:19-22.
A.
The Animal Control Officer shall be empowered to seize and impound
a dog when the officer has reasonable cause to believe a dog has caused
bodily injury, physical threat or has engaged in dog fighting activities
as defined by N.J.S.A. 2C:11-1 and/or 4:22-24 through 4::22-26; or
B.
The dog has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
C.
Any dog seized shall be kept until the final disposition as to whether
the dog is vicious or potentially dangerous. Subject to the approval
of the Municipal Court, the dog may be kept in an animal control facility
or other structure if agreed by the owner and the Animal Control Officer.
A.
The Animal Control Officer shall notify the Municipal Court immediately
that he or she has seized and impounded a dog pursuant to this subsection
and N.J.S.A. 4:19-19, or that he has reasonable cause to believe that
a dog has killed another domestic animal and that a hearing may be
required if requested by the owner. The Animal Control Officer shall
make a reasonable effort to attempt to determine the identity of the
owner of any dog seized, and if its owner cannot be identified within
seven days, that dog may be humanely destroyed.
B.
Within three working days of the determination of the identity of
the owner of the dog seized, the Animal Control Officer shall notify,
by certified mail, return receipt requested, the owner concerning
the seizure and impoundment of his or her dog and advising that if
the owner wishes, a hearing will be held to determine whether the
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 the owner 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.
Nothing herein contained shall prevent the application of N.J.S.A.
4:19-17 regarding a settlement between the municipality and the owner
of a dog seized upon such terms as may be mutually agreed upon. Should
a settlement agreement be entered into, the Judge, exercising his
or her own discretion, may modify any conditions of such which he
or she deems necessary. No employee of the municipality nor the municipality
itself shall have any liability by virtue of having entered into any
settlement in accordance with N.J.S.A. 4:19-17 et seq.
The Franklin Township Municipal Court shall declare the dog
vicious if it finds by clear and convincing evidence that the dog
caused serious bodily injury as defined at N.J.S.A. 2C:11-1(b) or
has engaged in dog fighting activities as described in N.J.S.A. 4:22-24
and 4:22-26. A dog shall not, however, be declared vicious for inflicting
serious bodily injury if the dog was provoked, and the municipality
shall bear the burden of proof that the dog was not provoked.
No dog shall be destroyed pending an appeal of the Municipal
Court's decision pursuant to N.J.S.A. 4:19-25. If, however, no
appeal has been taken, the dog shall be destroyed in a humane and
expeditious manner.
The liability of owners for costs of impoundment and destruction
shall be governed by N.J.S.A. 4:19-26.
If the Municipal Court declares the dog to be potentially dangerous,
the Court shall issue and order a compliance schedule pursuant to
N.J.S.A. 4:19-24.
The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog caused bodily
injury as defined by N.J.S.A. 2C:11-1(a) to a person during an unprovoked
attack and poses a serious threat of bodily injury; severely injured
or killed another domestic animal and poses a threat of serious bodily
injury to a person or poses a threat of death to another domestic
animal; or 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 if having caused
bodily injury as a result of being provoked or severely injuring or
killing a domestic animal if the domestic animal was the aggressor.
The municipality shall bear the burden of proof to demonstrate that
the dog was not provoked.
If the Municipal Court declares the dog to be potentially dangerous,
it shall issue an order and a schedule for compliance requiring the
following:
A.
The owner shall apply at his or her own expense to the Municipal
Clerk or other official designated to license dogs for a special municipal
potentially dangerous dog license, municipal registration number,
and red identification tag issued pursuant to N.J.S.A. 4:19-30. The
owner shall at his or her 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. In addition to any license fee required, the owner shall pay
a potentially dangerous dog license fee to the Township of Franklin
in the amount of $500 per year.
B.
The owner shall display a conspicuous sign on his or her premises warning that a potentially dangerous dog is on the premises and said sign shall be visible and legible from 50 feet of the enclosure required under Subsection C following.
C.
The owner shall immediately erect and maintain an enclosure for the
potentially dangerous dog on his or her property where the dog will
be kept and maintained. The enclosure shall have sound sides, top
and bottom to prevent the dog from escaping by climbing, jumping or
digging and shall include an entryway with a fence of at least six
feet in height separated by at least three feet from the confined
area. The owner shall securely lock the enclosure to prevent the entry
of the general public or escape of a dog. If removed from the enclosure,
the dog shall be securely muzzled and restrained with a tether approved
by the Animal Control Officer and having a minimum tensile strength
in excess of that required to restrict the dog's movement to
a radius of no more than three feet from the handler.
D.
The owner shall be required to maintain liability insurance in an
amount determined by the Municipal Court to cover any damage or injury
caused by the potentially dangerous dog. Said insurance shall also
contain a provision naming the municipality 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.
The owner of a dog or the Animal Control Officer may appeal
any decision, order or judgment of the Municipal Court to the Superior
Court Law Division as provided under N.J.S.A. 4:19-25.
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 action of the dog.
The owner of a potentially dangerous dog shall:
A.
Comply with all provisions of this article and N.J.S.A. 4:19-17 et
seq., in accordance with a schedule established by the Municipal Court
but in no case more than 60 days subsequent to the date of determination;
B.
Notify the Franklin Township Police Department and the Animal Control
Officer if a potentially dangerous dog is at large or has attacked
a human being, attacked or killed a domestic animal;
C.
Notify the licensing authority and Franklin Township Police Department
and the Animal Control Officer within 24 hours of the death, or 24
hours prior to sale or donation, of a potentially dangerous dog;
D.
At least 24 hours prior to the selling or the donating of the dog,
inform the prospective owner that the dog has been declared potentially
dangerous;
E.
Upon sale or donation of the dog, notify the Police Department, licensing
authority and Animal Control Officer of the municipality to which
the dog shall be transferred of the new owner's name, address
and telephone number;
F.
In addition to any license fee required, pay a potentially dangerous
dog license fee to the Township of Franklin in the amount of $500
per year.
Among any other penalties as may be provided by N.J.S.A. 4:19-17
et seq., 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 or to have failed to comply with a court's
order shall be subject to a fine of not less than $1,000 per day for
such violation and each day's continued violation shall constitute
a separate and distinct violation. The Municipal Court shall have
jurisdiction and an Animal Control Officer is authorized to seize
and impound any potentially dangerous dog whose owner fails to comply
with the provisions hereunder or N.J.S.A. 4:19-17 et seq., or any
rule or regulation adopted pursuant thereto including a court's
order. The Municipal Court shall have the power to order that the
dog so seized and impounded may be destroyed in an expeditious and
humane manner.
The Animal Control Officer shall inspect the enclosure and the
owner's property at least monthly to determine continuing compliance
with this article and N.J.S.A. 4:19-17 et seq.
All fees and fines collected by the Township of Franklin shall
be deposited in a special account to be used to administer and enforce
the provisions of this article.
The provisions of this article shall not apply to dogs used
for law enforcement activities.
