[Adopted 3-16-2011 by Ord. No. 851]
As used in this article, the following terms shall have the
meanings indicated:
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.
The Department of Health.
Any dog or dog hybrid.
Any cat, dog or livestock other than poultry.
Any dog or dog hybrid declared potentially dangerous by the
Municipal Court pursuant to N.J.S.A. 4:19-23.
Any dog or dog hybrid declared vicious by the Municipal Court
pursuant to N.J.S.A. 4:19-23.
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.
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.
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.
A.
The Municipal Court shall declare a dog vicious if it finds by clear
and convincing evidence that the dog:
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.
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.
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.
The owner of the dog or Animal Control Officer may appeal a
final decision in accordance with N.J.S.A. 4:19-25.
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.
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 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.
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.
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.
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.
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.
The provisions of this article shall not apply to dogs used
for law enforcement activities.
