[1]
Editor's Note: Prior ordinance history includes portions of
R.O. 1957, 4:1-21, as amended December 21, 1964.
[MC 1998-17, July 6, 1998]
As used in this article:
Means a certified Municipal Animal Control Officer or in
the absence of such an officer, the chief law enforcement officer
of the City or his or her designee.
Means City of Plainfield.
Means the Department of Health.
Means any dog or dog hybrid.
Means any cat, dog, or livestock other than poultry.
Means any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to Section 5:4-6.
Means any dog or dog hybrid declared by a Municipal Court pursuant to Section 5:4-5.
[MC 1998-17, July 6, 1998]
An Animal Control Officer shall seize and impound a dog when
the officer has reasonable cause to believe that the dog:
(a)
Attacked a person and caused death, or serious bodily injury as defined
in N.J.S.A. 2C:11-1(b) to that person;
(b)
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;
(c)
Engaged in dog fighting activities as described in R.S. 4:22-24 and
R.S. 4:22-26; or
(d)
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals. 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 City
Health Officer, the dog may be impounded in a facility or other structure
agreeable to the owner.
[MC 1998-17, July 6, 1998]
The Animal Control Officer shall notify the Municipal Court and the City Health Officer immediately that he has seized and impounded a dog pursuant to Section 5:4-2, or that he 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 pursuant to Section 5:4-2. If its owner cannot be identified within seven (7) days, that dog may be humanely destroyed.
(a)
The Animal Control Officer shall, within three (3) working days of the determination of the identity of the owner of a dog seized and impounded pursuant to Section 5:4-2, 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 (7) 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 a signed statement within seven (7) days receipt, the dog may be humanely destroyed.
[MC 1998-17, July 6, 1998]
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 or 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 causes of action
set forth in this section.
[MC 1998-17, July 6, 1998]
(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 serious
bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the
dog was provoked. The City shall bear the burden of proof to demonstrate
that the dog was not provoked.
[MC 1998-17, July 6, 1998]
(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, or
(3)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
(b)
A dog shall not be declared potentially dangerous for:
(1)
Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a
person if the dog was provoked, or
(2)
Killing a domestic animal if the domestic animal was the aggressor.
For the purposes of paragraph (1) of this Subsection (b), the
City shall bear the burden of proof to demonstrate that the dog was
not provoked.
[MC 1998-17, July 6, 1998]
If the Municipal Court declares the dog to be potentially dangerous,
it 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 own expense, to the City Clerk or other official designated to license dogs pursuant to Section 5:1-2, for a special City potentially dangerous dog license, City registration number, and red identification tag issued pursuant to Section 5:4-13. 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 City potentially dangerous dog license, City registration number, and red identification tag;
(2)
To display, in a conspicuous manner, a sign on his premises
warning that a potentially dangerous dog is on the premises. The sign
shall be visible and legible from fifty (50) feet of the enclosure
required pursuant to paragraph (3) of this Subsection (a);
(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 (6) feet in
height separated by at least three (3) 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 (3) feet from the owner and under the
direct supervision of the owner;
(b)
May require the owner to maintain liability insurance in an amount
determined by the Municipal Court 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.
[MC 1998-17, July 6, 1998]
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 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 the courts of limited jurisdiction.
[MC 1998-17, July 6, 1998]
(a)
If a dog is declared vicious or potentially dangerous, and all appeals
pertaining thereto have been exhausted, the owner of the dog shall
be liable to the City impounded for the costs and expenses of impounding
and destroying the dog. The City 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 ten (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.
[MC 1998-17, July 6, 1998]
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.
[MC 1998-17, July 6, 1998]
The owner of a potentially dangerous dog shall:
(a)
Comply with the provisions of Section 5:4-1 et seq. in accordance with a schedule established by the Municipal Court, but in no case more than sixty (60) days subsequent to the date of determination;
(b)
Notify the City 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;
(c)
Notify the City licensing authority, or City Police Department, and
the Animal Control Officer within twenty-four (24) hours of the death,
sale or donation of a potentially dangerous dog;
(d)
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
(e)
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the department and the licensing authority, Police
Department or force, and Animal Control Officer of the municipality
of the transfer of ownership, and the name, address and telephone
of the new owner, and
[MC 1998-17, July 6, 1998]
The owner of a potentially dangerous dog who is found by clear
and convincing evidence 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 One
Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00)
per day of the violation, and each day's continuance of the violation
shall constitute a separate and distinct violation.
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
provisions 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 a expeditious and humane
manner.
[MC 1998-17, July 6, 1998]
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 he has complied with the Court's orders. The last three (3) digits
of each potentially dangerous dog registration number issued to the
City will be the three (3) number code assigned by the City in the
regulations promulgated pursuant to this article. The Animal Control
Officer shall verify, in writing, compliance to the City Clerk or
other official designated to license dogs in the City.
(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.
[MC 1998-17, July 6, 1998]
The sum to be paid annually for a potentially dangerous dog
license and each renewal thereof shall be Seven Hundred Dollars ($700.00).
[MC 1998-17, July 6, 1998]
The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with Sections 5:4-7(a)(2) and (3) of this article.
[MC 1998-17, July 6, 1998]
Pursuant to N.J.S.A. 4:19-34, any action undertaken pursuant
to the provisions of this article shall be deemed to be an exercise
of a government function and shall be subject to the provisions of
the "New Jersey Tort Claims Act," N.J.S.A. 59:1-1 et seq.
