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.
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.
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.