[Added 12-14-1998 by Ord. No. 19-1998]
As used in this article, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
Certified municipal animal control officer or dog warden or, in the absence of such an officer, the chief law enforcement officer of the City or his designee.
DEPARTMENT
The Department of Health and Human Services.
[Amended 12-26-2006 by Ord. No. 34-2006]
DOMESTIC ANIMAL
Any cat, dog or livestock other than poultry.
FIGHTING
The fighting or baiting of a living animal as set forth in N.J.S.A. 4:22-24 and 4:22-26.
PERSON
Any person, corporation, partnership or other association.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to N.J.S.A. 4:19-23, that has:
A. 
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 bodily injury or death to a person; or
B. 
Severely injured or killed another domestic animal; and:[1]
(1) 
Poses a threat of serious bodily injury or death to a person; or
(2) 
Poses a threat of death to another domestic animal; or
C. 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
PIT BULL DOGS PRESUMED POTENTIALLY DANGEROUS
There shall be an irrefutable presumption that any dog registered within the City as a pit bull is a dangerous dog and is therefore subject to the requirements of this article.
[Added 7-18-2016 by Ord. No. 33-2016]
VICIOUS DOG
Any dog or dog hybrid declared vicious by a municipal court pursuant to N.J.S.A. 4:19-22, that has:
A. 
Killed a person or caused serious bodily injury, as defined in N.J.S.A. 2C:11-1b, to a person; or
B. 
Engaged in dogfighting activities as described in N.J.S.A. 4:22-24 and 4:22-26.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
An 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; 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 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 Municipal Health Officer immediately that he/she has seized and impounded a dog pursuant to § 132-31 or that he/she has reasonable cause to believe that a dog has killed another domestic animal 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. "Reasonable effort" shall mean that, if any animal so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, that person will be notified or the owner or the person keeping or harboring said animal, if known, shall be notified. If the owner cannot be identified within seven days, that dog may be humanely destroyed.
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 § 132-26 above, 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/she 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. If the dog is so destroyed, any identified owner shall be responsible for the municipality's cost as set forth in § 132-37 below.
Notwithstanding any provision in N.J.S.A. 4:19-17 et seq., or this article, to the contrary, the City 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. Notwithstanding any provisions of N.J.S.A. 4:19-17 et seq. to the contrary, neither the City nor any of its employees 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 City may, as a condition of the settlement, also require that the owner of the dog hold the City harmless for any legal expenses or fees the City may incur in defending against any cause of action brought against the City, notwithstanding the prohibition against such cause of action set forth in this section.
A. 
Finding to declare dog vicious; grounds.
(1) 
The East Orange Municipal Court shall declare a dog vicious if it finds by clear and convincing evidence that the dog:
(a) 
Killed a person or caused serious bodily injury, as defined by N.J.S.A. 2C:11-1b, to a person; or
(b) 
Has engaged in dogfighting activities as described in N.J.S.A. 4:22-24 and 4:22-26 or in § 132-31A(3) above.
(2) 
A dog shall not be declared vicious for inflicting death or serious bodily injury, as defined by N.J.S.A. 2C:11-1b, upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
(3) 
If the Municipal Court declares a dog to be vicious, and no appeal is made of this ruling pursuant to § 132-36, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
B. 
Finding to declare dog potentially dangerous.
(1) 
The Municipal Court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:
(a) 
Caused bodily injury, as defined by N.J.S.A. 2C:11-1a, to a person during an unproved attack and poses a serious threat of bodily injury or death to a person; or
(b) 
Severely injured or killed another domestic animal; and[1]
[1] 
Poses a threat of serious bodily injury or death to a person; or
[2] 
Poses a threat of death to another domestic animal; or
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
(d) 
These findings are presumed if the dog is a pit bull, and the requirements of this article automatically apply.
[Added 7-18-2016 by Ord. No. 33-2016]
(2) 
A dog shall not be declared potentially dangerous for:
(a) 
Causing bodily injury, as defined in N.J.S.A. 2C:11-1a, to a person if the dog was provoked; or
(b) 
Severely injuring or killing a domestic animal if the domestic animal was the aggressor.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
For the purposes of Subsection B(1) of this section, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
[Amended 7-18-2016 by Ord. No. 33-2016]
If the Municipal Court declares the dog to be potentially dangerous or if the dog is determined to be a pit bull under this article, then the Animal Control Officer or the Municipal Court, whichever is applicable, 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/her own expense, to the official designated to license dogs for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to N.J.S.A. 4:19-30 and § 132-41 below. 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/her 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.
B. 
Shall require the owner to maintain liability insurance in an amount determined by the Municipal Court or Animal Control Officer, whichever is applicable, 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 municipality in which the owner resides 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 limits of liability insurance coverage shall not be less than $100,000 per incident.
[Amended 7-18-2016 by Ord. No. 33-2016]
The owner of the dog, or the Animal Control Officer in the municipality in which the dog was impounded, may appeal any final decision, order or judgment, including any conditions attached thereto, of a Municipal Court pursuant to this article and N.J.S.A. 4:19-17 et seq., 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, or if the dog has been destroyed, as set forth in §§ 132-26 and 132-27 above, the owner of the dog shall be liable to the municipality in which the dog is impounded for the costs and expenses of impounding and destroying the dog. The municipality may establish by ordinance a schedule of these costs and expenses. 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, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.
[Amended 7-18-2016 by Ord. No. 33-2016]
A. 
Duties of owner of potentially dangerous dog. The owner of a potentially dangerous dog shall:
(1) 
Comply with the provisions of this article in accordance with a schedule established by the Municipal Court or the Animal Control Officer, whichever is applicable, but in no case more than 60 days subsequent to the date of determination;
(2) 
Notify the municipal licensing authority, City Police Department and the Animal Control Officer if a potentially dangerous dog is at large or has attacked a human being or killed a domestic animal;
(3) 
Notify the municipal licensing authority, City Police Department or force and the Animal Control Officer within 24 hours of the death, sale or donation of a potentially dangerous dog;
(4) 
Prior to selling or donating the dog, inform the prospective owner, in writing, that the dog has been declared potentially dangerous;
(5) 
Upon the sale or donation of the dog to a person residing in a different municipality, notify the Department of Health and the municipal 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; and
(6) 
In addition to any license fee required pursuant to law, pay a potentially dangerous dog license fee to the municipality as provided in this article.
B. 
Duties of owners of residential units. The owners of residential units are responsible for the failure of their tenants to comply with this article. For such violation, the owner shall be responsible for a fine of not less than $500 and not more than $2,500 per day for each day that said violation continues.
A. 
The owner of a potentially dangerous dog who is found 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 less than $500 nor more than $2,500 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation.
[Amended 7-18-2016 by Ord. No. 33-2016]
B. 
The Municipal Court shall have jurisdiction to enforce this section. An Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provision 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.
The City shall:
A. 
Issue a potentially dangerous dog registration number and red identification tag along with a City potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that she or he has complied with the court's orders.
B. 
Publicize a telephone number for reporting violations of this article. This telephone number shall be forwarded to the State Department of Health, and any changes in this number shall be reported immediately to the State Department of Health.
The sum to be paid annually for a potentially dangerous dog license and each renewal thereof shall be as stated in Chapter 170, Licenses and Fees, per dog.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).