Township of Carneys Point, NJ
Salem County
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Table of Contents
Table of Contents
[Adopted 3-16-2011 by Ord. No. 851]

§ 81-35 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
A certified municipal Animal Control Officer or in the absence of such an officer, the Chief Law Enforcement Officer of the municipality or his designee.
DEPARTMENT
The Department of Health.
DOG
Any dog or dog hybrid.
DOMESTIC ANIMAL
Any cat, dog or livestock other than poultry.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by the Municipal Court pursuant to N.J.S.A. 4:19-23.
VICIOUS DOG
Any dog or dog hybrid declared vicious by the Municipal Court pursuant to N.J.S.A. 4:19-23.

§ 81-36 Impoundment of dog.

A. 
An 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 as defined in N.J.S.A. 2C:11-1(b) to that person;
(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 defined by N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or
(4) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
B. 
The dog seized pursuant to this section shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the Municipal Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.

§ 81-37 Notification of owner; hearing.

A. 
The Animal Control Officer shall notify the Municipal Court and the Municipal Health Officer immediately that he has seized and impounded a dog pursuant to 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 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 pursuant to N.J.S.A. 4:19-19. 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 pursuant to N.J.S.A. 4:19-19, 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 the certified letter, or does not reply to the certified letter with a signed statement within seven days of receipt, the dog shall be humanely destroyed.

§ 81-38 Settlement agreements; immunity of municipality.

Notwithstanding any provision of N.J.S.A. 4:19-17 to the contrary, the Township and the owner of the dog may settle and dispose of the matter at any time in such manner and according to such terms and conditions as may be mutually agreed upon. Notwithstanding any provision of N.J.S.A. 4:19-17 et seq. to the contrary, neither the Township nor any of its officers, employees or agents shall have any liability by virtue of having entered into such agreement, for any injuries or damages caused thereafter by the dog. The Township, may, as a condition of the settlement agreement, also require that the owner of the dog hold the Township harmless for any legal expense or fees the Township may incur in defending against any cause of action brought against the Township notwithstanding the prohibition against such causes of action.

§ 81-39 Dog declared vicious by Municipal Court; conditions.

A. 
The Municipal Court shall declare a dog vicious if it finds by clear and convincing evidence that the dog:
(1) 
Killed a person or caused serious bodily injury as defined by N.J.S.A. 2C:11-1(b) to a person; or
(2) 
Has engaged in dog fighting activities as defined by N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.
B. 
A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) if the dog was provoked.
C. 
If the Municipal Court declares a dog to be vicious and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious manner. No dog may be destroyed during the pendency of an appeal.

§ 81-40 Dog declared potentially dangerous; conditions.

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;
(2) 
Severely injured or killed another domestic animal, and poses a threat of serious bodily injury or death to a person or poses a threat of death to a domestic animal; 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:
(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.
C. 
For purposes of Subsection B(1), the municipality shall bear the burden of proving that the dog was not provoked.

§ 81-41 Registration of potentially dangerous dog; owner requirements.

If the Municipal Court declares a dog to be potentially dangerous, it shall issue an order and a schedule for compliance, which in part:
A. 
Shall require the owner to comply with the following conditions:
(1) 
To apply, at the owner's 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. 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 potentially dangerous dog license, municipal registration number and red identification tag;
(2) 
To display, in a conspicuous manner, a sign on the 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 A(3);
(3) 
To immediately erect and maintain an enclosure 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. The owner of the 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. 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 sufficient to restrict the potentially dangerous dog's movement to a radius of no more than three feet from the owner and under the direct supervision of the owner;
B. 
May require the owner to maintain liability insurance in an amount determined by the Municipal Court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the Township to be named 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.

§ 81-42 Procedures for appeal.

The owner of the dog or Animal Control Officer may appeal a final decision in accordance with N.J.S.A. 4:19-25.

§ 81-43 Liability of owner for impounding or destroying dog; rabies testing.

A. 
If a dog is declared vicious or potentially dangerous by the Municipal Court, and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the Township of Carneys Point for any costs and expenses incurred by the Township in the impoundment or destruction of the dog, including but not limited to veterinary, shelter, medical attention required, maintenance expenses, special costs to the Township for Animal Control Officer charges, transportation, postage and noticing costs and related legal expenses. 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.
B. 
If the dog has bitten or exposed a person within 10 days previous to euthanasia, its head shall be transported to the New Jersey Department of Health laboratory for rabies testing.

§ 81-44 Hearing on 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.

§ 81-45 Obligations of owner of potentially dangerous dog.

The owner of a potentially dangerous dog shall:
A. 
Comply with all provisions of 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 licensing authority, local Police Department, and the Animal Control Officer if a potentially dangerous dog is at large, or has attacked a human being or killed a domestic animal;
C. 
Notify the licensing authority, local Police Department, and the Animal Control Officer within 24 hours of the death, sale or donation of a potentially dangerous dog;
D. 
Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous;
E. 
Upon the sale or donation of the dog to a person residing in a different municipality, notify the department and the licensing authority, local Police and Animal Control Officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner; and
F. 
In addition to any license fee required pursuant to N.J.S.A. 4:19-15.3, pay a potentially dangerous dog license fee to the municipality as provided by N.J.S.A. 4:19-31 as set forth in this chapter.

§ 81-46 Violations and penalties.

The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated the ordinances of the Township of Carneys Point or any rule or regulation adopted pursuant thereto, or to have failed to comply with the court's order shall be subject to a fine of not more than $1,000 per day of the violation. Each day's violation shall constitute a separate and distinct violation. The Municipal Court shall have jurisdiction to enforce this section. An Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of the law 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.

§ 81-47 Township registration and identification of potentially dangerous dog.

Pursuant to N.J.S.A. 4:19-30, the Township shall:
A. 
Issue a potentially dangerous dog registration number pursuant to N.J.S.A. 4:19-30 and N.J.S.A. 4:19-33 and a red identification tag along with the Township potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he has complied with the court's orders.
B. 
Publicize a telephone number for reporting violations and forward said number to the Department of Health.

§ 81-48 Licensing; fees.

A. 
The owner of a potentially dangerous dog shall be subject to the licensing and licensing fees as set forth in this chapter.
B. 
In addition to the licensing fee required pursuant to § 81-2, there shall be an annual fee of $700 for a potentially dangerous dog license and each renewal thereof.

§ 81-49 Enforcement.

The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with the provisions of the Township's ordinances.

§ 81-50 Use of fines and fees collected.

All fines and fees collected or received by the municipality shall be deposited in a special account and used for the purposes defined in N.J.S.A. 4:19-17 et seq.

§ 81-51 Exemption.

The provisions of this article shall not apply to dogs used for law enforcement activities.