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. Secaucus shall bear the burden of proof to
demonstrate that the dog was not provoked.
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If the Municipal Court declares a dog to be vicious, and no
appeal is made of this ruling pursuant to section 9 of P.L. 1989,
C. 307 (C. 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.
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For the purposes of paragraph (2)(a) of this subsection, Secaucus
shall bear the burden of proof to demonstrate that the dog was not
provoked.
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