[Added 7-1-1997 by Ord.
No. 97-12]
As used in this article, the following terms shall have the
meanings indicated:
The Borough's certified Animal Control Officer or, in
the absence of such an officer, the Chief of Police or his designee.
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 § 181-16.
Any dog or dog hybrid declared vicious by the Municipal Court pursuant to § 181-15.
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, as defined
in N.J.S.A. 2C:11-1b, to that person;
(2)
Caused bodily injury, as defined in N.J.S.A. 2C:11-1a, 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; or
(4)
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic 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.
[Amended 7-5-2017 by Ord.
No. 2017-5]
C.
The Animal Control Officer shall document all evidence relating to
the decision to seize and impound the dog, including statements from
witnesses, complainants or victims regarding the dog concerning specific
incidents in detail and including the date or dates and the name,
address and telephone number of such witnesses, complainants or victims;
police reports; observations of the Animal Control Officer; and other
relevant information.
A.
The Animal Control Officer shall notify the Municipal Court immediately that he has seized and impounded a dog pursuant to § 181-12 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 § 181-12. If its owner cannot be identified within seven days, that dog may be humanely destroyed.
[Amended 7-5-2017 by Ord.
No. 2017-5]
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 § 181-12, 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 for the certified letter, or does not reply to the certified letter with a signed statement within seven days of receipt, the dog may be humanely destroyed.
C.
In the event that the owner requests a hearing, the Animal Control
Officer shall promptly notify the Municipal Court Administrator and
the Municipal Court Prosecutor. The Animal Control Officer shall be
responsible to provide the Municipal Court Prosecutor with all evidence
relating to the dog in question, including the name, address and telephone
number of witnesses who should be subpoenaed for the hearing and their
probable testimony.
Notwithstanding any provision in this article or in N.J.S.A.
4:19-17 et seq. to the contrary, the Borough 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 in writing signed by both parties. Notwithstanding any provision
of law to the contrary, neither the Borough nor any of its officers,
employees or agents shall have any liability by virtue of having entered
into any settlement agreement pursuant to this section, or for any
action or inaction related to the entry into such agreement, for any
injuries or damages caused thereafter by the dog. The Borough may,
as a condition of the settlement agreement, also require that the
owner of the dog hold the Borough and its officers, employees and
agents harmless for any legal expenses or fees incurred in defending
against any such cause of action brought against the Borough notwithstanding
the prohibition against such causes of action set forth in N.J.S.A.
4:19-21.1. For the purposes of settlement agreements made under this
section, the Animal Control Officer is authorized to negotiate and
execute such agreements on behalf of the Borough, provided that prior
thereto the same is approved by the Council committee which oversees
the Animal Control Officer and the proposed settlement agreement is
reviewed and approved by the Borough Attorney.
A.
The Municipal Court shall declare the dog vicious if it finds, by
clear and convincing evidence, that the dog:
B.
The dog shall not be declared vicious for inflicting death or serious
bodily injury, as defined in N.J.S.A. 2C:11-1b, upon a person if the
dog was provoked. The Borough shall bear the burden of proof to demonstrate
that the dog was not 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, except that no dog
may be destroyed during the pending 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:
If the Municipal Court declares the 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 his own expense, to the dog registrar or other Borough official designated to license dogs pursuant to N.J.S.A. 4:19-15.2 for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to § 181-23 of this article. 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 municipal potentially dangerous dog license, municipal registration number and red identification tag.
(2)
To display, in a conspicuous manner, a sign on his 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) of this section.
(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 a 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 by an unknowing child or
other person. 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 sufficiently in excess of that
required to restrict the potentially dangerous dog's movements
to a radius of no more than three feet from the owner and under the
direct supervision of the owner.
(4)
The dog in question must be spayed or neutered within 10 days of
that determination.
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 Borough 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 the Animal Control Officer, may appeal
any final decision, order or judgment, including any conditions attached
thereto, of the Municipal Court pursuant to this article by filing
an appeal with the Superior Court, Law Division, in accordance with
the rules governing the courts of the State of New Jersey pertaining
to appeals from courts of limited jurisdiction. The Superior Court
shall hear the appeal by conducting a hearing de novo in the manner
established by those rules for appeals from courts of limited jurisdiction.
A.
If a dog is declared vicious or potentially dangerous and all appeals
pertaining thereto have been exhausted, the owner of the dog shall
be liable to the Borough for the costs and expenses of impounding
and destroying the dog. 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 the time of euthanasia, the Animal Control Officer shall cause
its head to 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 the provisions of this article 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 Animal Control Officer, the Borough Police Department
and the dog registrar if a potentially dangerous dog is at large or
has attacked a human being or killed a domestic animal.
C.
Notify the Animal Control Officer, the Borough Police Department
and the dog registrar 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 State Department of Health and the licensing
authority, police department or force and animal control officer of
that municipality of the transfer of ownership and the name, address
and telephone of the new owner.
[Amended 7-5-2017 by Ord.
No. 2017-5]
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, or any rule or regulation adopted pursuant thereto
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.
A.
The dog registrar shall issue a potentially dangerous dog registration
number and red identification tag along with a municipal 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. The last three digits of each potentially
dangerous dog registration number issued will be the three-number
code assigned to the Borough in the regulations promulgated pursuant
to N.J.S.A. 4:19-33. The Animal Control Officer shall verify, in writing,
compliance to the dog registrar or other official designated to license
dogs in the Borough.
B.
The Animal Control Officer shall publicize a telephone number for
reporting violations of this article. The telephone number and any
changes in this number shall be reported immediately to the New Jersey
Department of Health.
Each person who shall own, possess, keep or harbor any potentially
dangerous dog or dogs shall obtain an annual license for each dog
and shall have the same registered and numbered with the dog registrar
and for such license shall pay the sum of $700 as a license fee for
each and every potentially dangerous dog.
The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with § 181-17A(2) and (3) of this article.
The provisions of this article shall not apply to dogs used
for law enforcement activities.
