[Adopted 10-20-2015 by Ord. No. 2014-9[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering
of former Art. III as Art. IV.
As used in this article, the following terms shall have the
meanings indicated:
The Borough's animal control officer or, in the absence
of the animal control officer, the Chief of Police 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. 4:19-22.
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 or caused death or serious 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 described in 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 shall be impounded until the final disposition as to whether
the dog is vicious or potentially dangerous. Subject to the approval
of the Borough's 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
Borough's municipal health officer immediately that he or she
has seized and impounded a dog pursuant to N.J.S.A. 4:19-19, or that
he or she has reasonable cause to believe that a dog has killed another
domestic animal and that a hearing is required. The Borough animal
control officer shall through a reasonable effort attempt to determine
the identity of the owner of any dog seized and impounded, and if
the owner cannot be identified within seven days, the dog may be humanely
destroyed.
B.
The Borough's animal control officer shall, within three working
days of the determination of the identity of a dog seized and impounded,
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 the
signed statement within seven days of receipt, the dog may be humanely
destroyed.
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.
A.
The Municipal Court shall declare the 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 a serious
bodily injury as defined in N.J.S.A. 2C:11-1(b) 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 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 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 another animal; or
(3)
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
A.
The Municipal Court upon declaring a dog to be potentially dangerous,
shall issue an order and a schedule of compliance which shall require
the owner to comply with the following conditions:
(1)
To apply, at the owner's expense, to the Borough Clerk for a
special municipal potentially dangerous dog license, registration
number, and red identification tag. The owner shall, at the owner's
expense, have the registration 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 immediately erect and maintain an enclosure for the potentially
dangerous dog on the property where it 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 shall securely lock the enclosure to
prevent the entry of the general public and to preclude any release
or escape of the potentially dangerous dog by an unknowing child or
other person. The enclosure shall have displayed, in a conspicuous
manner, a sign visible and legible from 50 feet from the enclosure
warning that a potentially dangerous dog is on the premises;
(3)
If the owner shall take the potentially dangerous dog out of the
enclosure, it shall be securely muzzled and restrained with a tether
approved by the animal control officer and having a minimum tensile
strength sufficient 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.
B.
The Municipal Court may require the owner to maintain liability insurance
in an amount determined 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 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.
A.
If a dog is declared vicious or potentially dangerous, and all appeals
have been exhausted, the owner of the dog shall be liable to the Borough
for the actual costs and expenses of impounding and destroying the
dog. The owner shall incur the expense of impounding the dog regardless
of whether the dog is ultimately found to be vicious or potentially
dangerous.
B.
If the dog has been bitten or exposed a person within 10 days previous
to the time of euthanasia, its head shall be transported to the New
Jersey State 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: 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.
