[Adopted by Ord. No. 01-8 (Ch. 6.05 of the 2000 Code)]
As used in this article, the following terms shall have the
meanings indicated:
A certified Municipal Animal Control Officer or, in the absence
of such an officer, the Chief Law Enforcement Officer of the municipality
or his designee as defined in N.J.S.A. 4:19-15.1.
The Department of Health.
Any dog or dog hybrid.
Any cat, dog or livestock other than poultry.
The cited Annotated New Jersey Statute (N.J.S.A.) as enacted
on the date of adoption of this article, including any amendments
and any subsequent amendments to the New Jersey Statute adopted hereafter.
Any dog or dog hybrid declared potentially dangerous by a
municipal court pursuant to N.J.S.A. 4:19-23.
Any dog or dog hybrid declared vicious by a municipal court
pursuant to N.J.S.A. 4:19-22.
A.
The Animal
Control Officer shall seize and impound a dog when the Officer has
reasonable cause to believe that the dog:
(1)
Attacked a person and caused
death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to
that person;
(2)
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;
(3)
Engaged in dog fighting activities
as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or
(4)
Has been trained, tormented,
badgered, baited or encouraged to engage in unprovoked attacks upon
persons or domestic animals.
B.
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
Municipal Health Officer, the dog may be impounded in a facility or
other structure agreeable to the owner.
A.
The Animal Control Officer shall
notify the Municipal Court and Municipal Health Officer immediately
that he has seized and impounded a dog pursuant to N.J.S.A. 4:19-19,
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
N.J.S.A. 4:19-19. If its owner cannot be identified within seven days,
that dog may be humanely destroyed.
B.
The Animal Control Officer shall,
within three working days of the determination of the identity of
the owner of a dog seized and impounded pursuant to N.J.S.A. 4:19-19,
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 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 days, the dog may be humanely destroyed.
Notwithstanding any provision in N.J.S.A. 4:19-17 et seq. to
the contrary, the municipality 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 that may be mutually agreed upon. Notwithstanding
any provisions of N.J.S.A. 4:19-19 to the contrary, no municipality
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 municipality
may, as a condition of the settlement agreement, also require that
the owner of the dog hold the municipality harmless for any legal
expenses or fees the municipality may incur in defending against any
cause of action brought against the municipality notwithstanding the
prohibition against such causes of action set forth in this section.
A.
The Municipal Court shall declare
the dog vicious if it finds by clear and convincing evidence that
the dog killed a person or caused serious bodily injury as defined
in N.J.S.A. 2C:11-1(b) to a person.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 9 of P.L. 1989, c. 307 (N.J.S.A. 4:19-25), the Court may
order:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
The
dog's owner to comply with certain restrictions to protect the public
that are at least as stringent as the requirements for potentially
dangerous dogs pursuant to Section 8 of P.L. 1989, c. 307 (N.J.S.A.
4:19-24) and Section 12 of P.L. 1989, c. 307 (N.J.S.A. 4:19-28); or
(2)
The
dog to be euthanized in a humane and expeditious manner, except that
no dog may be euthanized during the pendency of an appeal.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 to a person during an unprovoked attack, and poses a
serious threat of serious bodily injury or death to a person; or
(2)
Caused
serious bodily injury to another domestic animal or killed another
domestic animal and poses a serious threat of serious bodily injury
or death to a person or poses a serious threat of death to another
domestic animal.
B.
A dog
shall not be declared potentially dangerous for:
(1)
Causing
bodily injury to a person if the dog was provoked;
(2)
Causing
serious bodily injury to, or killing, a domestic animal, if the domestic
animal was the aggressor;
(3)
Causing
bodily injury to a person who was committing or attempting to commit
a crime or offense upon the owner or person with custody or control
of the dog or committing or attempting to commit a trespass or other
criminal offense on the property of the owner or person with custody
or control of the dog;
(4)
Causing
bodily injury to a person or a domestic animal who was abusing, assaulting,
or physically threatening the dog or the dog's offspring; or
(5)
Causing
bodily injury to a person who was intervening between two or more
dogs engaged in aggressive behavior or fighting.
C.
For the purposes of Subsection B(1) of this section, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
D.
As used
in this section, "bodily injury" means bodily injury as defined in
Subsection a of N.J.S.A. 2C:11-1, and "serious bodily injury" means
serious bodily injury as defined in Subsection b of N.J.S.A. 2C:11-1.
If the Municipal Court declares the dog to be potentially dangerous,
it shall issue an order and 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 50 feet of the enclosure required pursuant to Subsection A(3);
(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 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 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 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 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.
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 courts of limited jurisdiction.
A.
If a dog is declared vicious
or potentially dangerous and all appeals pertaining hereto have been
exhausted, the owner of the dog shall be liable to the municipality
in which the dog is impounded for the costs and expenses of impounding
and destroying the dog. The owner shall pay the actual costs incurred
by the municipality for such costs and expenses. The owner shall incur
the expense of impounding the dog in a facility other than the municipal
depository, 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 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.
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 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 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 sale or donation of the
dog to a person residing in a different municipality, notify the department
and the licensing authority, Police Department and Animal Control
Officer of that municipality of the transfer of ownership and the
name, address and telephone number of the new owner.
F.
In addition to any license fee
required pursuant to 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.
[Amended by Ord. No. 6-03; at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]
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 more than $1,000
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. The 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 by destroyed in an expeditious and humane manner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Township 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 Township will be the
three-number code assigned to the Township 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 article. This telephone number shall
be forwarded to the New Jersey Department of Health and any changes
in this number shall be reported immediately to the New Jersey Department
of Health.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Each person who shall own, possess, keep or harbor any potentially dangerous dog or dogs shall obtain an annual license for each dog and shall have the same registered and numbered through the Animal Control Officer and/or person designated in the Township Clerk's office and for such license shall pay the sum as provided in Chapter 245, Fees, § 245-4, as a license fee for each and every potentially dangerous dog. Said license fee shall be in lieu of the license fee required pursuant to § 188-2D in Article I of this chapter.
The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with § 188-18 of this article.
All fines and fees collected or received by the Township pursuant
to this article shall be deposited in a special account and used by
the Township to administer and enforce the provisions of this article.
The provisions of this article shall not apply to dogs used
for law enforcement activities.
