[Adopted 10-1-1990 by Ord. No. 542-90]
As used in this article, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
Any Animal Control Officer, or other agent duly appointed by Common Council by resolution, acting on behalf of the Borough of Milford.[1]
BODILY INJURY
Physical pain, illness or any impairment of physical conditions.
DOG
Any dog or dog hybrid.
DOMESTIC ANIMAL
Any cat, dog or livestock other than poultry.
PANEL
Any panel selected pursuant to §§ 53-37 through 53-39.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by a panel pursuant to the provisions of §§ 53-37 through 53-39.
QUALIFIED PANEL MEMBER
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.
SERIOUS BODILY INJURY
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.
VICIOUS DOG
Any dog or dog hybrid declared vicious by a panel pursuant to the provisions of §§ 53-37 through 53-39.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[2]
Editor's Note: P.L. 1989, c. 307, Section 5a (N.J.S.A. 4:19-21a) was repealed by P.L. 1994, c. 187.
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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]
(1) 
The fact of the seizure and impoundment.
(2) 
The grounds for a hearing pursuant to § 53-37A hereof.
(3) 
His right to a hearing or to relinquish ownership of the dog.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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:
(a) 
To apply to the Borough Clerk, at his own expense, for a special potentially dangerous dog license, registration number and red tag issued pursuant to P.L. 1989, c. 307, Section 14.[1]
[1]
Editor's Note: See N.J.S.A. 4:19-30.
(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.
B. 
Forthwith notify the Borough and the Animal Control Officer if such dog is at large, has attacked a person or has killed a domestic animal.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
D. 
Upon the sale or donation of the dog to a person residing in a different municipality, notify the State Health Department, the Clerk of such municipality and the Animal Control Officer thereof of the transfer of ownership and the name, address and telephone number of the new owner.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
E. 
Obtain the proper licenses and pay the fees therefor as provided in § 53-43.
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).
In addition to the fees set forth in § 53-10, the owner of a potentially dangerous dog shall pay a fee as prescribed in Chapter 10, Fees, of this Code for a potentially dangerous dog license and each renewal thereof.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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. 
The provisions of this article shall be enforced by the Milford Municipal Court.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
All fines and fees collected or received by the Borough pursuant to §§ 53-43 and 53-44A shall be deposited in a special account and used by the Borough to administer and enforce the provisions of this article.
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.