[N.J.S.A. 4:19-18]
As used in this chapter:
Any dog or dog hybrid declared potentially dangerous by a
Municipal Court pursuant to the provisions of N.J.S.A. 4:19-23.
[N.J.S.A. 4:19-23]
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.
[N.J.S.A. 4:19-24]
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 Municipal Clerk or other
official designated to license dogs pursuant to N.J.S.A. 4:19-15.2,
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. 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 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 below;
(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.
[N.J.S.A. 4:19-28]
The owner of a potentially dangerous dog shall:
A.
Comply with the 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 sixty (60) days subsequent to the date of determination;
B.
Notify the licensing authority, local 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 licensing authority, local 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 licensing authority, Police Department, and
Animal Control Officer of that municipality of the transfer of ownership
and the name, address and telephone of the new owner; and
F.
In addition to any license fee required pursuant to section 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.
[N.J.S.A. 4:19-29]
The owner of a potentially dangerous dog who is found by clear
and convincing evidence to have violated this act, 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 more than one thousand
($1,000.00) dollars 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 N.J.S.A.
4:19-17 et seq., 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.
[N.J.S.A. 4:19-30]
The Municipality shall:
A.
Issue a potentially dangerous dog registration number and red identification
tag along with a municipal 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 digits of each potentially dangerous dog registration number
issued by the municipality will be the three-number code assigned
to the municipality in the regulations promulgated pursuant to N.J.S.A.
4:19-33. The Animal Control Officer shall verify, in writing, compliance
to the Municipal Clerk or other official designated to license dogs
in the municipality;
B.
Publicize a telephone number for reporting violations of this section
and N.J.S.A. 4:19-17 et seq.
[N.J.S.A. 4:19-24; Ord. No. 53-2014]
The owner or keeper of any dog declared to be potentially dangerous shall obtain a license from the municipality for an annual fee as stated in Chapter 75. The license shall be issued according to the provisions of N.J.S.A. 4:19-30.
[N.J.S.A. 4:19-18]
As used in this chapter:
Any dog or dog hybrid declared vicious by a Municipal Court
pursuant to N.J.S.A. 4:19-22.
[N.J.S.A. 4:19-22.]
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 municipality 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 of this ruling pursuant to section 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.
