As used in this article, the following terms shall have the
meanings indicated:
ANIMAL CONTROL OFFICER
The Borough's animal control officer or, in the absence
of the animal control officer, the Chief of Police or his designee.
DOG
Any dog or dog hybrid.
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. 4:19-22.
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. Neither the Borough
nor any of its employees shall have any liability by virtue of having
entered into any settlement agreement, 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, require that the owner of the dog hold the Borough
harmless for any legal expenses or fees the Borough may incur in defending
against any cause of action brought against the Borough.
The owner of the dog, or the Borough's animal control officer,
may appeal any final decision, order, or judgment, including any conditions
attached thereto of the Municipal Court by filing an appeal with the
Law Division of the Superior Court, which shall conduct a hearing
de novo.
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: comply with
the provisions of N.J.S.A. 4:19-17, et seq. in accordance with the
schedule established by the Municipal Court, but in no case more than
60 days subsequent to the date of determination; notify the Borough
Clerk, Chief of Police and the animal control officer if a potentially
dangerous dog is at large, or has attacked a human being or killed
a domestic animal; notify the Borough Clerk, Police Chief and the
animal control officer within 24 hours of the death, sale or donation
of the potentially dangerous dog; prior to selling or donating the
dog, inform the prospective owner that the dog has been declared potentially
dangerous; upon the sale or donation of the dog to a person residing
in a different municipality, notify the Chief of Police and the licensing
authority, police department, and animal control officer of the new
municipality of the transfer of ownership and the name, address and
telephone number of the new owner; and pay the license fee.
The owner of a potentially dangerous dog who is found by clear
and convincing evidence to have violated this article or to have failed
to comply with a court order shall be subject to the imposition of
a fine by the Municipal Court 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 animal control officer
is authorized to seize and impound any potentially dangerous dog whose
owner fails to comply with the provisions of N.J.S.A. 4:19-17 et seq.,
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.
The Borough Clerk shall issue a potentially dangerous dog registration
number and red identification tag along with a dangerous dog license
upon a demonstration of sufficient evidence by the owner to the animal
control officer that the owner has complied with the court's
order. The last three digits of each potentially dangerous dog registration
number will be the three number code assigned to the Borough. The
animal control officer shall provide written verification to the Borough
Clerk that the owner is in compliance. The Borough Clerk shall publicize
the telephone number for reporting violations. The telephone number
shall be forwarded to the Department as well as any changes.
The sum to be paid annually for a potentially dangerous dog
license and renewal thereof shall be $700.
The animal control officer shall inspect the enclosure and the
owner's property at least monthly to determine continuing compliance
of all requirements.