[Adopted 10-1-1990 by Ord. No. 542-90]
As used in this article, the following terms shall have the
meanings indicated:
Any Animal Control Officer, or other agent duly appointed
by Common Council by resolution, acting on behalf of the Borough of
Milford.[1]
Physical pain, illness or any impairment of physical conditions.
Any dog or dog hybrid.
Any cat, dog or livestock other than poultry.
Any person deemed qualified pursuant to P.L. 1989, c. 307,
Section 5a,[2] or otherwise specified by law or regulation of the Department
of Health.
Bodily injury which creates a substantial risk of death or
which causes serious permanent disfigurement or protracted loss or
impairment of the functions of any bodily member or organ.
A.
The Animal Control Officer shall forthwith seize and impound any
dog which such officer has reasonable cause to believe:
(1)
Attacked a person and caused death or serious bodily injury thereto.
(2)
Caused bodily injury to a person during an unprovoked attack and
poses a serious threat of harm to persons or domestic animals.
(3)
Engaged in dogfighting 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.
B.
Upon seizing and impounding such dog, the impoundment shall continue until a final determination of the dog's nature pursuant to §§ 53-37 through 53-39 hereof. Such impoundment may, subject to the approval of the Hunterdon County Division of Public Health Services, be in any facility or structure agreeable to the owner of such dog.[1]
C.
Upon the seizing and impounding of any dog hereunder, the Animal
Control Officer shall, through reasonable effort, attempt to determine
the identity of the owner of such dog. If the owner cannot be identified
within seven days of seizure and impoundment, such dog may be humanely
destroyed.
D.
Within three working days of such seizure and impoundment, the Animal
Control Officer shall notify the Hunterdon County Division of Public
Health Services of the seizure and impoundment or that he has reasonable
cause to believe that a dog has killed another domestic animal and
that a hearing is required and of the identity of the owner thereof
as soon as the same may be ascertained.[2]
A.
The Animal Control Officer or the Hunterdon County Division of Public Health Services shall, within three working days of a determination of the identity of the owner of a dog seized and impounded pursuant to § 53-35 hereof, advise the owner, in writing, by certified mail, return receipt requested, of the following:[1]
B.
Such notice shall require the owner to return within seven days,
by certified mail or by hand delivery, a signed statement indicating
whether he wishes a hearing or, if not, to relinquish ownership of
the dog.
C.
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 such letter with a signed statement within seven days of
receipt or if the owner relinquishes ownership of the dog, the dog
may be humanely destroyed.
A.
In the event that the owner shall request a hearing, the Animal Control Officer or the Hunterdon County Division of Public Health Services shall select a panel of three qualified panel members and shall, within 30 days of the receipt of a signed request therefor, conduct a hearing to determine whether the dog impounded pursuant to § 53-35 is vicious or potentially dangerous.[1]
B.
The panel shall not be chosen by the person who is the supervisor
of the Animal Control Officer presenting the case.
C.
The panel selected shall, to the extent practicable, collectively
represent a diverse background in dog behavior, and in no case may
all members of the panel be drawn from the same discipline, nor may
a panel include any person connected to the case.
D.
The officer conducting the hearing shall notify the owner of the
impounded dog and the State Department of Health by certified mail,
return receipt requested, of the date, time and place of the hearing
and the names of the panel members selected.
E.
During the hearing, the Animal Control Officer shall be permitted
to present evidence concerning the dog's propensities, conduct and
habits, and the owner shall have the opportunity to present evidence
that the dog is not vicious or potentially dangerous.
F.
The panel shall declare the dog vicious if it finds, by a preponderance
of the evidence, that the dog killed or inflicted serious bodily injury
upon a person or that it had engaged in dogfighting activities, but
no dog shall be declared vicious for inflicting death or serious bodily
injury upon a person who was committing or attempting to commit a
crime or if that person was tormenting or inflicting pain upon the
dog in such an extreme manner that the attack could be deemed provoked.
G.
The panel shall declare a dog to be potentially dangerous if it finds
that the dog caused bodily injury to a person during an unprovoked
attack and poses a serious threat of bodily injury or death to a person
or that it killed a domestic animal and either poses a threat of death
to another domestic animal or poses a threat of serious bodily injury
or death to a person or has been trained, tormented, badgered, baited
or encouraged to engage in unprovoked attacks upon persons or domestic
animals, but no dog shall be declared potentially dangerous for causing
bodily injury to a person if that person was committing or attempting
to commit a crime or if that person was tormenting or inflicting pain
upon the dog in such an extreme manner that the attack could be deemed
provoked.
H.
After a panel hearing, the official conducting said hearing shall notify, in writing, the owner of the dog, the Animal Control Officer and the Clerk of the Borough of the determination of the panel. If no party contests the panel's finding, the owner shall comply with the provisions of § 53-39B and the directions of the panel in accordance with the schedule established thereby but in no event more than 60 days from the date of determination.
Any party which shall contest the determination of the panel may, within five days of the date of the determination, bring a petition in the Milford Municipal Court requesting that the Court conduct its own hearing to determine whether the dog is vicious or potentially dangerous or whether the conditions imposed by the panel are appropriate. Such notice shall be served upon all parties, and thereafter the Court shall conduct a hearing de novo and make its own determination by a preponderance of the evidence and, if appropriate, impose a schedule for compliance with the provisions of § 53-39B.
A.
If the panel or the Court, following an appeal pursuant to § 53-38, shall determine and declare that the dog is vicious, the dog shall be destroyed in a humane and expeditious manner.
B.
If the panel or the Court, following an appeal pursuant to § 53-38, shall determine and declare the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which:
(1)
Shall require the owner to comply with the following conditions:
(b)
To, at his own expense, have the registration number tattooed
upon the dog in a prominent location.
(c)
To display in a conspicuous manner a sign on his premises that a potentially dangerous dog is on the premises, which sign shall be visible and legible from 50 feet from the enclosure provided for in Subsection B(1)(d) hereof.
(d)
To immediately erect and maintain an enclosure for such dog
on the property where the same will be kept and maintained, which
enclosure shall have sound sides, top and bottom to prevent said dog
from escaping by climbing, jumping or digging and which enclosure
shall be within a fence of at least six feet in height separated by
at least three feet from the enclosure. The owner shall securely lock
the enclosure to prevent the entry of the general public and to preclude
any release or escape of such dog therefrom by an act of an unknowing
child or other person.
(e)
To securely muzzle and restrain, if the dog is removed from
the enclosure, with a tether approved by the Animal Control Officer,
which shall have a minimum tensile strength sufficiently in excess
of that required to restrict such dog's movement to a radius of no
more than three feet from the owner and under his direct supervision.
(2)
May require the owner to comply with the following conditions:
(a)
To maintain liability insurance in an amount determined to cover
any injury caused by such dog. Such insurance shall provide that the
Borough be named as an additional insured for the sole purpose of
it being notified of any cancellation, termination or expiration of
such policy.
(b)
To tether the dog within the enclosure with a tether approved
by the Animal Control Officer, having a minimum tensile strength in
excess of that required to fully secure the dog and of a length which
prohibits the dog from climbing, jumping or digging out of the confined
area.
C.
A potentially dangerous dog shall not be released from impound until the owner shall comply with the provisions of Subsection B(1)(a) of this section.
D.
No dog may be destroyed during the pendency of an appeal.
E.
If the panel or the Court shall determine that the dog is neither
vicious nor potentially dangerous, such finding shall not preclude
the convening of a panel for any subsequent actions of the dog.
In the event that a dog shall be determined to be vicious or
potentially dangerous and all appeals pertaining to such disposition
shall be exhausted, the owner of the dog shall be liable to the Borough
for the actual costs and expenses of seizing and impounding the dog
and the euthanasia thereof. In the event that the dog shall be impounded
in a facility other than the municipal pound, the owner shall bear
the full cost thereof, regardless of the ultimate finding.
The owner of a potentially dangerous dog shall:
A.
Comply with all provisions of § 53-39B in accordance with the schedule established but in no case more than 60 days subsequent to the date of determination.
C.
Notify the Borough and the Animal Control Officer of the death, sale
or donation of such dog and, prior to the sale or donation, the prospective
owner of the declaration that the dog is potentially dangerous.[2]
A.
The Borough shall issue a potentially dangerous dog registration
number and red identification tag, together with a municipal potentially
dangerous dog license, upon the Animal Control Officer's certification
indicating that the owner thereof has complied with the panel's orders
or the orders of the Court, as the case may be. The last three digits
of the registration number shall be "279."
B.
The Borough shall publicize a telephone number for reporting violations
of this article, which number shall be transmitted to the State Department
of Health.
C.
The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to ensure continuing compliance with the provisions of § 53-39B(1)(c) and (d).
A.
The owner of a potentially dangerous dog who is found, by a preponderance
of the evidence, to have violated the provisions of this article or
to have failed to comply with an order of a panel or the Court, as
the case may be, shall be subject to a fine of not more than $1,000
for each violation.
B.
Each day's continuation of the violation shall constitute a separate
and distinct violation.
A.
The Animal Control Officer is authorized to seize and impound any
potentially dangerous dog whose owner is found to have violated this
article, and the Court may order that any dog so seized and impounded
be destroyed in an expeditious and humane manner.
B.
In the event that any dog ordered destroyed for any reason pursuant
to the provisions of this article has bitten or exposed any person
within 10 days prior to the time of euthanasia, its head shall be
transported to the New Jersey State Department of Health laboratory
for rabies testing.
C.
Except as may be herein set forth, nothing contained in this article
shall be deemed to supplant or supersede the remaining provisions
of this chapter.
D.
The provisions of this article shall not apply to dogs used for law
enforcement purposes.
