[Adopted 10-5-2000 by Ord. No. 502 (Ch. 48, Art. V, of the 1977 Township Code)]
A. 
An animal control officer or agency shall be appointed by the governing body. Such person or agency so designated and appointed as Animal Control Officer shall be entitled to be paid as compensation for services in an amount established by the Township Committee of the Township of Upper Deerfield.
B. 
Seizure; impounding. The Animal Control Officer of the municipality shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or offered for adoption, the following:
(1) 
Any dog, cat, cattle, goat, swine, fowl and/or other like animal or livestock running at large within the limits of the municipality.
(2) 
Any dog not licensed or tagged as provided.
(3) 
Any dog, cat or other animal off the premises of the owner or of the person keeping or harboring such dog, cat or other animal which is believed to be a stray animal.
(4) 
Any dog, cat or other animal with a dangerous or vicious propensity or noticeably infected with rabies or bitten by a dog, cat or other animal suspected of having rabies.
(5) 
Any female dog or cat in season not confined in such a way so as not to be accessible to males or any female dog or cat in season off the premises of the owner or of the person keeping or harboring such dog or cat.
(6) 
Any dog, cat or other animal creating a nuisance while off the premises of the owner.
(7) 
Any dog, cat or other animal with a dangerous or vicious propensity that is unmuzzled, uncontrolled by proper restraint or running at large, provided that the dog, cat or other animal may be seized by the Animal Control Officer, and provided further that, if said dog, cat or other animal cannot be seized with safety, it may be destroyed.
C. 
If any dog, cat or other animal so impounded or seized wears a collar or harness, having described thereon or attached thereto the name and address of any person or registration tag or the owner, or the person keeping or harboring said animal is known, the Animal Control Officer shall serve on the person whose address is given on the collar or the owner of the person keeping or harboring said animal, if known, a notice, in writing, that the animal has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after service of the notice.
D. 
A notice under this section may be served by delivering it to the person upon whom it is to be served or by leaving it at the person's usual or last known place of residence or at the address given on the collar or by forwarding it by mail in a prepaid letter addressed to that person at his or her usual or last known residence or to the address given on the collar.
E. 
The Animal Control Officer may cause an animal to be destroyed or offered for adoption seven days after seizure, provided that:
(1) 
Notice is given as set forth above and the animal remains unclaimed.
(2) 
The owner or person keeping or harboring the animal has not claimed the animal and paid all expenses incurred by reason of its detention, including maintenance or veterinary cost.
(3) 
The owner or person keeping or harboring an animal which was unlicensed at the time of seizure does not produce a license and registration tag for the animal.
F. 
At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog or other animal so caught and detained shall be sold or otherwise made available for the purpose of experimentation.
The Animal Control Officer engaged in the performance of his duty is hereby authorized to enter upon any premises to seize and impound any dog, cat or other animal which he may lawfully seize or impound when such officer is in immediate pursuit of said animal, except upon the premises of the owner of the animal if said owner is present and forbids the same.
No person shall distract, give false information, hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.
A. 
The Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:
(1) 
Attacked a person and caused death or serious bodily injury to that person.
(2) 
Caused bodily injury to a person during an unprovoked attack or poses a serious threat of harm to persons or animals.
(3) 
Engaged in dogfighting activities.
(4) 
Has been trained, tormented, badgered, baited, or encouraged to engage in unprovoked attacks upon persons or animals.
B. 
The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the Animal Control Officer, the dog may be impounded in a facility or other structure agreeable to the owner.
C. 
A hearing will be held in the Municipal Court of the Township of Upper Deerfield, and during the hearing the owner shall have the opportunity to present evidence to demonstrate that the dog is not vicious or potentially dangerous.
D. 
The court shall declare the dog vicious if it finds by a preponderance of the evidence that the dog:
(1) 
Killed a person or caused serious bodily injury.
(2) 
Has engaged in dogfighting activities.
(3) 
Has attacked or bitten other dogs or animals without provocation.
E. 
A dog may not be declared vicious or potentially dangerous for inflicting death or serious bodily injury if injuries were inflicted upon a person:
(1) 
Who was committing or attempting to commit a crime.
(2) 
If that person was tormenting or inflicting pain upon the dog in such a manner that an attack of such nature could be considered provoked.
(3) 
Upon another domestic animal if the domestic animal was the aggressor.
F. 
If the court declares a dog to be vicious, and no appeal is made to the Superior Court, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of any appeal.
G. 
The court shall declare a dog to be potentially dangerous, if it finds that the dog:
(1) 
Caused bodily injury to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person.
(2) 
Killed another domestic animal and poses a threat of death to a person or another domestic animal.
(3) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
H. 
If the court declares a dog to be potentially dangerous, the owner must:
(1) 
Apply for a special Township license for a potentially dangerous dog together with registration number and red identification tag. The annual fee for such a license shall be $150.
[Amended5-5-2011 by Ord. No. 669]
(2) 
Have the registration number tattooed upon the dog in a prominent location.
(3) 
Display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises.
(4) 
Immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the dog will be kept and maintained, which enclosure shall be secure on the sides, top and bottom to prevent the 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.
(5) 
Securely lock the enclosure to prevent entry of the public and prevent release or escape.
I. 
The Animal Control Officer shall inspect the enclosure at such times and with such frequency as the Animal Control Officer shall deem appropriate.
J. 
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 pursuant thereto 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 section. 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, N.J.S.A. 4:19-17 et seq., or any rule or regulation adopted pursuant hereto or a court's order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.
[Added5-5-2011 by Ord. No. 669]