[Adopted 1-9-2002 by Ord. No. 06-FY2002]
POTENTIALLY DANGEROUS DOG
Any dog that has caused bodily injury to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person; or killed another domestic animal, and poses a threat of serious bodily injury or death to a person; or poses a threat of death of another domestic animal; or has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals. A dog shall not be declared "potentially dangerous" for causing bodily injury to a person if that person was committing or attempting to commit a crime or if that person was tormenting or inflicting pain upon the dog in such an extreme manner that an attack of such nature could be considered provoked; or killing a domestic animal if the domestic animal was the aggressor.
SERIOUS BODILY INJURY
Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
The Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog attacked a person and caused death or serious bodily injury to that person; caused bodily injury to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals; engaged in dog fighting activities or 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.
A. 
The Animal Control Officer shall notify the Municipal Court within three working days that he has seized and impounded a dog 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. If its owner cannot be identified within seven days, that dog may be humanely destroyed.
B. 
The Municipal Court shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant hereto, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment and the grounds for a hearing. The notice shall also require that the owner return within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing 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.
A. 
The Municipal Court shall conduct a hearing, within 30 days of the receipt of the signed statement from the dog's owner to determine whether the dog impounded is vicious or potentially dangerous.
B. 
The Municipal Court shall notify the owner of the impounded dog by certified mail, return receipt requested, and the Board of Health, of the date and time of the hearing. The owner shall have the opportunity to present evidence to demonstrate that the dog is not vicious or potentially dangerous.
A. 
The Municipal Court shall declare a dog to be potentially dangerous if it finds, by clear and convincing evidence, that the dog caused bodily injury to a person during an unprovoked attack and poses a serious threat of bodily injury or death to a person; or killed another domestic animal and poses a threat of serious bodily injury or death to a person; or poses a threat of death to other domestic animals or has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
B. 
There shall be a refutable presumption that any dog registered with the Municipal Clerk as a potentially dangerous dog is, therefore, subject to the requirements of this article.
[Amended 11-7-2018 by Ord. No. 13-2018]
C. 
A dog shall not be declared potentially dangerous for causing bodily injury to a person if the dog was provoked, or for killing a domestic animal if the domestic animal was the aggressor.
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 for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued. 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 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 50 feet of the enclosure required pursuant to subsection A(3).
(3) 
To immediately erect and maintain an enclosure for the potentially dangerous dog, 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 the potentially dangerous dog by an unknowing individual. The potentially dangerous dog 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. 
May require the owner to comply with the following conditions:
(1) 
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 naming the Borough of Lawnside 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 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 P.L. 1989, c.307 (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, the owner of the dog shall be liable for the costs and expenses of impounding and destroying the dog. The owner shall incur the expense of impounding the dog in a facility other than the borough's dog 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.
If the owner or keeper of a dangerous dog within the borough is a minor, the parent or guardian of that minor shall be responsible for compliance with the requirements of this Article and shall be liable for injuries and damages sustained by any person or domestic animal caused by an unprovoked attack by the dog.
In addition to all the requirements of the state law, the following actions are required by owners of dogs that have been designated as dangerous by the above procedures:
A. 
A license application shall be filed with the Municipal Clerk and shall provide the following information:
(1) 
The name of the applicant.
(2) 
The name of the owner if different from the applicant.
(3) 
The address where the dog(s) is kept.
(4) 
The number of such dogs on the premises.
(5) 
The method to be used to secure/restrain the dog(s) on the property.
(6) 
The name of the person responsible for care and confinement of the dog(s).
(7) 
The name, address and policy number of the applicant's homeowners insurance policy.
B. 
All applications shall be accompanied by an application fee of $50 which is nonrefundable. The fee includes the cost of processing the application and any inspection prior to licensing.
C. 
Licenses shall be issued by the Municipal Clerk only after the appropriate fees have been paid and if the applicant has complied fully with all applicable codes, statutes and regulations.
D. 
License fees are as follows:
(1) 
One dangerous dog: $75 per year.
(2) 
Two dangerous dogs: $100 per year.
E. 
Revocation of license. If the applicant, owner or other person responsible for any dangerous dog kept within the borough violates any provision of this Article or any other applicable code, statute or regulation, then any license issued hereunder shall be automatically revoked and the license fee shall be retained by the borough. The Mayor and the Borough Council reserves the right to refuse to issue or reissue a license to any person who has violated any provision of this Article or other applicable code, statute or regulation.
A. 
In addition to all penalties set forth in N.J.S.A. 4:19-29, any person violating any provisions of this Article shall be subject to a fine of not less than $100 nor more than $1,000 and/or imprisonment of up to 30 days.
B. 
In addition, any person violating this Article shall be subject to the following:
(1) 
Revocation of their license and retention of the license by the borough.
(2) 
Prohibition from obtaining another license for up to five years.