The purpose of this article is to adopt, by reference, all provisions
of N.J.S.A. 4:19-17 through 4:19-37, as amended and supplemented,
establishing a uniform set of state requirements on the owners of
vicious or potentially dangerous dogs.
The provisions of N.J.S.A. 4:19-18, as amended and supplemented,
are adopted by reference and, specifically:
Any dog or dog hybrid declared potentially dangerous by a
municipal court pursuant to N.J.S.A. 4:19-23.
Any dog or dog hybrid declared vicious by a municipal court
pursuant to N.J.S.A. 4:19-23.
The Animal Control Officer or his/her designee shall be authorized
to and shall seize and impound a dog which may be vicious or potentially
dangerous in accordance with the provisions of N.J.S.A. 4:19-19. Notice
of the seizure shall be given to the Municipal Court, the municipal
Health Officer, and the owner of the dog in accordance with the provisions
of N.J.S.A. 19-20.
The Animal Control Officer or his/her designee is authorized to enter into a settlement agreement with the owner of any dog seized and impounded pursuant to § 58-20 hereof. No settlement agreement shall be permitted, however, unless the owner of the dog agrees to indemnify and hold the municipality harmless for any legal expenses or fees the municipality may incur in defending against any cause of action brought against the municipality as a result of the actions of such dog.
Pursuant to N.J.S.A. 4:19-26, if a dog is to be declared vicious
or potentially dangerous by a municipal court, and all appeals pertaining
thereto have been exhausted, the owner of the dog shall be liable
to the Township of Alloway for any costs and expenses incurred by
the Township in the impoundment or destruction of the dog. The costs
to be charged to the owner include costs for veterinary, shelter,
medical attention required, maintenance expenses, special costs to
the Township for Animal Control Officer charges, transportation, postage
and noticing costs, related legal expenses, and an administrative
fee of $20. 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.
When a municipal court has declared a dog to be a potentially
dangerous dog, it may require the owner to maintain liability insurance
to cover any damage or injury caused by the potentially dangerous
dog. Whenever such insurance is required, the liability insurance
policy shall contain a provision requiring the Township 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 a potentially dangerous dog shall:
A.Â
Comply with all provisions of N.J.S.A. 4:19-17 et seq. 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.Â
Notify the licensing authority, state 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;
C.Â
Notify the licensing authority, state police, and the Animal Control
Officer within 24 hours of the death, sale or donation of a potentially
dangerous dog;
D.Â
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
E.Â
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the department and the licensing authority, state
police, and Animal Control Officer of that municipality of the transfer
of ownership and the name, address and telephone of the now owner;
and
F.Â
In addition to any license fee required pursuant to N.J.S.A. 4:19-15.3,
pay a potentially dangerous dog license fee to the municipality as
provided by N.J.S.A. 4:19-31.
Enforcement of this article shall be in accordance with N.J.S.A.
4:19-17 et seq., including the imposition of any fines, penalties
or other relief within the jurisdiction of the municipal court pursuant
to N.J.S.A. 4:19-22 through N.J.S.A. 4:19-24.
The provisions of this article shall not apply to dogs used
for law enforcement activities.
