[Adopted 12-19-2017 by Ord. No. 2017-12[1]]
[1]
Editor's Note: This ordinance was originally adopted as Art. VIII of this chapter but was renumbered owing to an existing Art. VIII.
For the purposes of this article, unless otherwise limited, the owner is ultimately responsible for the behavior of the dog regardless of whether the owner or another member of the owner's household or a household visitor permitted the dog to engage in the behavior that is the subject of violation.
A. 
A dog owner, upon conviction of a third offense of the provisions of § 69-37 of this article, except Subsections G and H of § 69-37 or a conviction of a second offense of § 69-37G or H shall be declared to be an "irresponsible dog owner." The violations may be committed by different dogs that are owned by the same owner.
B. 
In addition to other penalties, fines, etc., the irresponsible dog owner shall be limited to owning, harboring or keeping dogs in the Borough of Haddonfield (hereafter Haddonfield) for a period of not less than six months nor more than five years. The length of the limitation period is to be determined by the court by the number and severity of the violations.
C. 
In addition to the above penalties, the court may order one or more of the following:
(1) 
Require the owner or keeper and dog to satisfactorily complete an obedience program approved by the Animal Control Officer at the owner's or keeper's expense;
(2) 
Require the owner or keeper to attend a responsible dog ownership program adopted or approved by the Animal Control Officer at the owner's or keeper's expense;
(3) 
Require the owner or keeper of a dog that unreasonably causes nuisances to keep the dog inside the owner's or keeper's residence during hours specified by the court;
(4) 
Require the owner to install on the dog owner's property a four-foot-high fenced dog pen a minimum of six feet in width by eight feet in length as a condition to permitting the dog to remain outdoors on the dog owner's property absent being tethered;
(5) 
Require the owner or keeper to have the dog surgically sterilized within a time period determined by the court; and
(6) 
Require the owner or keeper to muzzle the dog when the dog is off the owner's or keeper's property.
(7) 
Any other condition(s) that would reasonably abate or prevent future violations.
D. 
After expiration of the limitation period as determined above, the irresponsible dog owner may obtain a license to own or harbor or keep dogs in Haddonfield.
A person owning, possessing or harboring any dog within Haddonfield shall violate this article if said dog becomes a nuisance. A dog shall be considered a nuisance if said dog does any one of the following:
A. 
Damages property, other than the dog owner's property; or
B. 
Causes unsanitary, dangerous or unreasonable offensive conditions on public or private property; or
C. 
Causes a disturbance by excessive barking, caterwauling, whining, screeching, howling, braying or other like sounds which may be heard beyond the boundaries of the owner's or keeper's property; or
D. 
Chases vehicles; or
E. 
Runs at large upon public streets, public sidewalks or other public property; or
F. 
Trespasses upon another's private property; or
G. 
Chases, molests, attacks, bites, interferes with, or physically intimidates any person while on or off the owner's premises; or
H. 
Chases, molests, attacks, bites or interferes with other domestic animals while off the owner's premises.
A person convicted of being an irresponsible dog owner shall relinquish all dogs that he/she owns in compliance with § 69-36B to an animal shelter designated by the Animal Control Officer within three days of conviction. The disposition of the dogs in the animal shelter shall be determined by the court, including transfer, adoption, or euthanasia. Refusal by the owner to surrender the dogs to an animal shelter is a violation of this article.
It is an offense for any person(s) who has been convicted of being an irresponsible dog owner to possess, harbor, own, have custody of or reside in a residence with any dog in Haddonfield while the penalty in § 69-36B is in effect, except when a court order provides otherwise as a result of an appeal of the conviction.
In addition to that which is recited in this article, the penalties to be imposed for convictions of violations of this article are recited in Chapter 1, General Provisions, § 1-14.