[Ord. No. 1221 § 1; Ord. No. 90-18 § 1; Ord. No. 04-30]
As used in this chapter:
ANIMAL CONTROL OFFICER
Shall mean the certified municipal Animal Control Officer
or, in the absence of such an officer, the Chief of Police of the
Borough or his designee.
ANIMAL HOSPITAL
Shall mean any place where dogs, cats or other domestic animals,
belonging to anyone other than the owner, tenants or occupant of such
place, are for hire, kept, maintained or harbored for observation
or treatment.
ANIMAL RESCUE ORGANIZATION
Shall mean a nonprofit organization incorporated under the
law of any state and exempt from federal taxation under Section 501(c)(3)
of the federal Internal Revenue Code, as amended, and whose principal
purpose is the prevention of cruelty to animals and whose principal
activity is to rescue sick, injured, abused, neglected, unwanted,
abandoned, orphaned, lost, or displaced animals and to adopt them
to good homes. "Animal rescue organization" does not include any entity
that breeds animals or that 1) is located on the same premises as;
2) has any personnel in common with; 3) obtains, in exchange for payment
or any other form of compensation, dogs or cats from; or 4) facilitates
the sale of, dogs or cats obtained from a person that breeds animals.
[Added 10-6-2022 by Ord.
No. 22-22]
ANIMAL SHELTER
Shall mean a facility, whether located in or outside the
State of New Jersey, that is operated by or under contract with the
Borough for the purpose of impounding or caring for seized, stray,
homeless, abandoned, unwanted, or surrendered animals.
[Added 10-6-2022 by Ord.
No. 22-22]
CAT
Shall mean any member of the domestic feline species; male,
female, or altered.
DOG
Shall mean any dog or dog hybrid; male, female, spayed or
neutered (altered).
DOG OF LICENSING AGE
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
KENNEL
Shall mean any establishment or premises where four or more
dogs and cats are kept, maintained or harbored; or where the business
of boarding, selling or breeding dogs is carried on, except a pet
shop.
LICENSING OFFICIAL
Shall mean the Registrar of Vital Statistics or any other
person appointed by the Borough Council.
OWNER
When applied to the proprietorship of a dog or cat shall
mean and include every person having a right of property in a dog
or cat and every person who has that dog or cat in his/her keeping.
PANEL
Shall mean any panel selected pursuant to subsection
5-13.4.
RETAIL PET STORE
Shall mean a commercial establishment that sells or offers
for sale animals on its premises at retail.
[Added 10-6-2022 by Ord.
No. 22-22]
SELL or OFFER FOR SALE
Shall mean to display for sale or to exchange for consideration,
adopt out, barter, auction, trade, lease, or otherwise transfer.
[Added 10-6-2022 by Ord.
No. 22-22]
VICIOUS DOG
Shall mean any dog or dog hybrid declared vicious by the panel pursuant to subsection
5-13.5.
[Ord. No. 1221 § 2; Ord. No. 11-04 § 3]
No person shall keep or harbor any dog or cat within the Borough
without first obtaining a license issued by the Licensing Official
or other person designated by the Mayor and Council to license dogs
and cats, upon application by the owner and payment of the prescribed
fee. No person shall keep or harbor any dog or cat in the Borough
except in compliance with the provisions of this chapter. Licenses
shall be applied for no later than the last day of February of each
year. Unless otherwise designated by the Mayor and Council, the Borough
Clerk shall serve as the Licensing Official.
[Ord. No. 1221 § 3; Ord. No. 1268 § 2]
Any person who shall own, keep or harbor a dog or cat shall
procure from the Licensing Official or other person designated by
the Borough Council an official metal registration tag for each dog
or cat so owned, kept or harbored, and shall place upon each such
dog or cat a collar or harness with the registration tag securely
fastened thereto.
[Ord. No. 1221 § 3; Ord. No. 1268 § 2; Ord. No. 1341 § 1; Ord.
No. 97-21 § 2]
Any person who shall own, keep or harbor a dog and/or cat shall,
when the dog and/or cat reaches licensing age and commencing in January
up to and including the last day of February of each year, apply and
procure from the Licensing Official or other person designated by
the Borough Council to license dogs and cats, a license and official
metal registration tag for each such dog and/or cat so owned, kept
or harbored.
Any person who does not procure a renewal license and metal
registration tag for each dog and/or cat owned, kept or harbored by
the person on or before the last day of February of each year shall
pay an additional fee of $10 for each month or part thereof beginning
March 1 of each year until the license and registration tag for said
dog and/or cat are obtained.
[Ord. No. 710 § 1; Ord. No. 1221 § 4; Ord. No. 1157 § 15; Ord.
No. 1174 §§ 1, 2; Ord. No. 97-21 §§ 1, 3; Ord. No. 04-30]
a. Dog Licenses.
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Effective 1-1-2008
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Effective 1-1-2009
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Neutered or Spayed Dogs
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$12.00
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$18.00
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State Registration Fee Per License
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$1.20
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$1.20
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Borough Fee
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$10.80
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$16.80
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Non-Neutered or Spayed Dogs
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$15.00
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$21.00
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State Registration Fee Per License
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$4.20
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$4.20
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Borough Fee
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$10.80
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$16.80
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b. Cat Licenses.
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Effective 1-1-2008
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Effective 1-1-2009
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Neutered or Spayed Cats
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$8.00
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$12.00
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Non-Neutered or Spayed Cats
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$11.00
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$15.00
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c. Renewals; Expiration. The fee for the license and for the registration
tag shall be the same as for the original license and tag; and the
licenses, registration tags and renewals thereof shall expire on the
last day of December of each year.
d. Any person applying for the license and registration tag of a dog
and/or cat shall produce a valid rabies vaccination certificate whose
date must expire on or after November 1 of the licensing year.
e. Seeing Eye Dogs. Dogs used as guides for blind persons and commonly
known as "seeing eye" dogs shall be licensed and registered except
that the owner or keeper of the dog shall not be required to pay any
fee.
f. The foregoing license fees shall include the charges for the dog
registration tag fee, the $0.20 surcharge for the "Pilot Clinic Fund"
of the State of New Jersey and, in the case of an unspayed or non-neutered
(non-altered) dog, the $3 charge for the "Animal Population Control
Fund" of the State of New Jersey.
[Ord. No. 1221 § 3]
Duplicate tags will be issued upon satisfactory proof of the
loss of the original tag, and upon the payment of a fee of $1. The
license is not transferable.
[Ord. No. 1221 § 5]
The owner of any newly-acquired dog or cat of licensing age
or of any dog or cat which attains licensing age, shall make application
for license and registration tag for such dog or cat within 10 days
after such acquisition or age attainment.
[Ord. No. 1221 § 6]
The application shall state the breed, sex, age, color and markings
of the dog or cat for which license and registration are sought, and
whether it is of a long- or short-haired variety; also the name, street
and post office address of the owner and the person who shall keep
or harbor such dog or cat.
[Ord. No. 1221 § 7]
Any person who shall bring or cause to be brought into the Borough any dog or cat licensed in another state for the current year, and bearing a registration tag, and shall keep the same or permit the same to be kept within the Borough for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog or cat unless such dog or cat is licensed under Section
5-3 of this chapter.
Any person who shall bring or cause to be brought into the Borough any unlicensed dog or cat and shall keep the same or permit the same to be kept within the Borough for a period of more than 10 days, shall immediately apply for a license and registration tag for each such dog or cat, unless such dog or cat is licensed under Section
5-3 of this chapter.
[Ord. No. 1221 § 8]
No person, except an officer in the performance of his/her duties,
shall remove a registration tag from the collar of any dog or cat
without the consent of the owner, nor shall any person attach a registration
tag to a dog or cat for which it was not issued.
[Ord. No. 1221 § 8; Ord. No. 97-21 § 4]
The owner of any licensed dog or cat shall notify the Borough
if the licensed animal shall die, be sold or be kept or harbored at
a location other than the location of which it was harbored at the
time of registration within 30 days of occurrence.
[Ord. No. 1221 § 9;
amended 10-6-2022 by Ord. No. 22-22]
Any person who keeps or operates or proposes to establish a
kennel, an animal hospital, a retail pet store or an animal shelter
shall apply to the Animal Control Officer or other person designated
by the Mayor and Borough Council to license dogs and cats, for a license
entitling him/her to keep or operate such establishment.
[Ord. No. 1221 § 9;
amended 10-6-2022 by Ord. No. 22-22]
The application shall describe the premises where the establishment
is located or is proposed to be located, the purpose or purposes for
which it is to be maintained, and shall be accompanied by the written
approval of the Health Officer of the Board of Health showing compliance
with the local and State rules and regulations governing location
of and sanitation at such establishments.
All licenses issued for a kennel, animal hospital, retail pet
store or animal shelter shall state the purpose for which the establishment
is maintained. All such licenses shall expire on January 1 annually,
and be subject to revocation by the Borough Council on recommendations
of the State Department of Health or the Board of Health of the Borough
for failure to comply with the rules and regulations of the State
Department of Health or the Borough Board of Health governing the
same after the owner has been afforded a hearing by either the State
Department of Health or the Borough Board of Health.
[Ord. No. 1221 § 9]
Any person holding such license shall not be required to secure
individual licenses for dogs or cats owned by such licensee and kept
at such establishments; such licenses shall not be transferable to
another owner or different premises.
[Ord. No. 1221 § 9;
amended 10-6-2022 by Ord. No. 22-22]
No such kennel, animal hospital, retail pet store or animal
shelter shall be operated or maintained in the Borough and no license
shall be granted therefor, wherein any dog, cat or any other animal
may be kept or harbored in any building or other place the nearest
point of which building or other place shall be within 500 yards of
any residence containing sleeping quarters occupied as such in the
Borough except by the owner or operator thereof.
No such kennel, animal hospital, retail pet store or animal shelter shall be operated or maintained in a Residential or Apartment District as defined in Article
VIII, Zoning of Chapter
35, Land Development Regulations.
[Ord. No. 1221 § 9;
amended 10-6-2022 by Ord. No. 22-22]
Every such kennel, animal hospital, retail pet store or animal
shelter shall be subject to such reasonable rules and regulations
thereto as may be prescribed by the Governing Body. Any premises so
used and all buildings and enclosures thereon shall be kept clean
and sanitary. All animal carcasses shall be immediately and properly
disposed of, and shall not be buried within the Borough limits. Any
Health Officer or Police Officer of the Borough shall have the right,
at any reasonable hour in the day or night time, to enter into the
premises and any buildings and enclosures thereon, and to make such
examination thereof as he shall deem proper.
[Ord. No. 1221 § 10; Ord. No. 04-30; amended 10-6-2022 by Ord. No. 22-22]
The annual license fees for kennels, animal hospitals and retail
pet stores shall be established by Board of Health ordinance.
[Ord. No. 1221 § 11;
amended 10-6-2022 by Ord. No. 22-22]
No dog kept in a kennel, animal hospital, retail pet shop or
animal shelter shall be permitted off such premises, except on leash
or in a crate or other safe control.
[Added 10-6-2022 by Ord.
No. 22-22]
a. Notwithstanding any other provision of law to the contrary, it is unlawful for a retail pet store, as defined in Section
5-1, to sell or offer for sale a dog or a cat.
b. Nothing in this section shall be construed to prohibit a retail pet store from providing space to an animal rescue organization or an animal shelter, as defined in subsection
5-3.8a, to publicly showcase dogs or cats available for adoption.
c. A retail pet store that sells or offers for sale a dog or cat in
violation of this section shall be fined by a sum of $500. Each sale
or offer for sale in violation of this section shall constitute a
separate offense.
[Ord. No. 1221 § 12]
The Borough Council shall have power to appoint annually an
Animal Control Officer, whose duty it shall be to enforce the provisions
of this chapter, and applicable State statutes.
[Ord. No. 1221 § 13]
The Animal Control Officer or other person designated by the
Borough Council to license dogs and cats shall take into custody and
impound or cause to be taken into custody and impounded, and thereafter
destroyed and disposed of:
a. Any dog or cat off the premises of the owner or of the person keeping
or harboring that dog or cat which the official or his agent or agents
have reason to believe is a stray dog or cat.
b. Any dog or cat off the premises of the owner or of the person keeping
or harboring that dog or cat without a current registration tag on
his collar.
c. Any female dog or cat in season off the premises of the owner or
of the person keeping or harboring that dog or cat.
Dogs so taken into custody shall be impounded, destroyed or
disposed of as provided by law.
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Cats so taken into custody shall be impounded, destroyed or
disposed of in the same manner as is herein provided for the impounding,
destruction or disposal of dogs.
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[Ord. No. 1221 § 14]
Any officer or agent authorized or empowered to perform any
duty under this chapter is hereby authorized to go upon any premises
to seize for impounding any dog or cat which he may lawfully seize
and impound when such officer is in immediate pursuit of such dog
or cat, except upon the premises of the owner of the dog or cat if
the owner is present and forbids the same.
[Ord. No. 1221 § 15]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[Ord. No. 1221 § 16]
No person shall keep, harbor or maintain any dog or cat which
shall habitually disturb the peace and quiet of the neighborhood.
[Ord. No. 686 § 3; Ord. No. 944 § 1; Ord. No. 1221 § 17; Ord.
No. 1250 § 1; Ord. No.
97-21 § 5]
All dogs shall be leashed when in any place within the Borough,
except when on the owner's property. Any dog found running at large,
except as permitted by this chapter, shall be deemed to be doing so
with the permission of the owner, keeper or harborer, and such person
shall be deemed guilty of a violation of this chapter.
All cats shall be leashed when in the Business District, as
such district is defined by the Zoning Ordinance of the Borough, or
when on any property of the Board of Education or church property.
When in any other place within the Borough, such cats shall not run
at large, except when on the owner's property or accompanied by the
owner, keeper or harborer. Any cat found running at large, except
as permitted by this chapter, shall be deemed to be doing so with
the permission of the owner, keeper or harborer, and such person shall
be deemed guilty of a violation of this chapter.
Any person owning an unlicensed dog or cat found to be running at large is subject to the issuance of a summons to appear in Municipal Court, subject to the fines and penalties as described in Section
5-12.
[Ord. No. 1221 § 18]
No person owning, keeping or harboring any dog or cat shall
suffer or permit it to enter any food establishment, which for the
purpose of this chapter, includes any place used in the production,
preparation, manufacture, packing, storage, transportation or handling
of food or foodstuffs intended for sale or distribution.
[Ord. No. 1221 § 19; Ord. No. 97-21 § 6; Ord. No. 06-15 §§ 1, 2]
a. As
part of the Stormwater Management Program of the Borough of Tenafly,
the proper disposal of pet solid waste in the Borough of Tenafly is
required so as to protect public health, safety and welfare.
b. Definitions.
For the purpose of this section, the following terms, phrases, words
and their derivations shall have the meanings stated below unless
their use in the text of this section clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without
delay.
OWNER/KEEPER
Shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
PET
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Shall mean waste matter expelled from the bowels of the pet;
excrement.
PROPER DISPOSAL
Shall mean placement in a designated waste receptacle, or
other suitable container, and discarded in a refuse container which
is regularly emptied by the municipality or some other refuse collector;
or disposal into a system designed to convey domestic sewage for proper
treatment and disposal.
c. Requirement
for Disposal. All pet owners and keepers are required to immediately
and properly dispose of their pet's solid waste deposited on any property,
public or private, not owned or possessed by that person.
d. Exemptions.
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while such
animal is being used for that purpose.
e. Enforcement.
The provisions of this section shall be enforced by the Police Department,
the Board of Health, and the Code Enforcement Officer.
f. Violations and Penalty. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine as specified in subsection
1-5.1 of the Code of the Borough of Tenafly.
[Ord. No. 492 § 22; Ord. No. 686 § 6; Ord. No. 1221 § 20]
Any dog or cat found in any place specified in Section
5-7 shall be deemed to be in such place by permission or order of the owner, harborer or keeper of such dog or cat, and any dog or cat committing any of the acts specified in Section
5-8 shall be deemed to have committed such act by permission or order of the owner, harborer or keeper of such dog or cat, and such owner, harborer or keeper shall be guilty of a violation of this section.
[Ord. No. 1221 § 21; Ord. No. 04-30]
The Governing Body may enter into an agreement for comprehensive
animal control and shelter services to comply with State and County
Regulations.
[Ord. No. 1221 § 22]
The Borough Council may, by proclamation, require all dogs to
be quarantined during such period in each year as may seem advisable.
[Ord. No. 1221 § 23; Ord. No. 04-30]
Any person who violates the provisions of Section
5-2 shall be liable for the penalty of not less than $5 nor more than $50.
For all other violations, unless specifically established by
statutes, the penalty shall be no less than $25 nor more than $500
at the discretion of the Judge of the Municipal Court.
[Ord. No. 90-18 § 1]
The Mayor and Borough Council find and declare that certain
dogs are an increasingly serious and widespread threat to the safety
and welfare of this Borough by virtue of their unprovoked attacks
on, and associated injury to, individuals and other animals and that
these attacks are in part attributable to the failure of owners to
confine and properly train and control these dogs.
[Ord. No. 90-18 § 3]
The Animal Control Officer shall seize and impound a dog when
the officer has reasonable cause to believe that the dog:
a. Attacked a person and caused death or serious bodily injury as defined
in N.J.S.A. 2C:11-1(b) to that person.
b. 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.
c. Engaged in dog fighting activities as described in N.J.S.A. 4:22-26;
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. Subject to the approval of
the municipal Health Officer, the dog may be impounded in a facility
or other structure agreeable to the owner.
[Ord. No. 90-18 § 4]
The Animal Control Officer shall notify the official responsible for convening a hearing pursuant to subsection
5-13.4 and the municipal Health Officer within three working days that he has seized and impounded a dog pursuant to subsection
5-13.2, 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.
The official responsible for convening a hearing pursuant to subsection
5-13.4 of this chapter shall within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to this chapter, notify by certified mail, return receipt requested the owner concerning the seizure and impoundment and the grounds for a hearing pursuant to subsection
5-13.4. 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 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.
[Ord. No. 90-18 § 5]
The Chief of Police or the municipal Health Officer shall select a panel of three qualified individuals knowledgeable about dog behavior and conduct a hearing within 30 days of the receipt of the signed statement from the dog's owner as required by subsection
5-13.3 to determine whether the dog impounded pursuant to subsection
5-13.2 of this chapter is vicious or potentially dangerous. In no case may the municipal official who is the supervisor of the Animal Control Officer presenting the case select the panel. If neither the Chief of Police nor the municipal Health Officer is the Animal Control Officer's supervisor, the municipal Health Officer shall select the panel and conduct the hearing. To the greatest extent practicable, the selected panel shall collectively represent a diverse background in dog behavior and in no case may all of the members of the panel be from the same discipline nor may a panel include any individual connected to the case. Upon request, the department may recommend to the municipal Health Officer or Chief of Police the names of qualified individuals to serve on the panel. For the purposes of this section, "qualified individuals" means:
a. Veterinarians specializing in the treatment of dogs and cats;
b. American Kennel Club certified dog breed or obedience judges;
c. Professional dog handlers who are members of the Professional Handlers
Association or who are recommended by either a Professional Handlers
Association member or an American Kennel Club certified dog breed
judge;
d. Professional dog obedience trainers who are members of the National
Association of Dog Obedience Instructors or who are recommended by
a National Association of Dog Obedience Instructors member or an American
Kennel Club dog obedience judge;
e. Dog behavior modification trainers who are recommended by a veterinarian
specializing in the treatment of dogs and cats, an American Kennel
Club dog obedience judge, a National Association of Dog Obedience
Instructors member or person in paragraph f below; or
f. Animal behaviorists with at least a bachelor's degree in animal behavior
specializing in the treatment of canine behavior disorders.
The official conducting the hearing shall notify the owner of
the impounded dog, by certified mail, and the department of the date
and time of the hearing and the names of the panel members selected.
During the hearing, the owner shall have the opportunity to present
evidence to demonstrate that the dog is not vicious or potentially
dangerous.
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[Ord. No. 90-18 § 6]
The panel shall declare the dog vicious if it finds by a preponderance
of the evidence that the dog:
a. Killed a person or caused serious bodily injury as defined in N.J.S.A.
2C:11-1(b) to a person; or
b. Has engaged in dog fighting activities as described in N.J.S.A. 4:22-24
and N.J.S.A. 4:22-26.
A dog may 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 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.
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If the panel declares a dog to be vicious, and no appeal is made of this ruling pursuant to subsection 5-13.8, 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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[Ord. No. 90-18 § 7]
The panel shall declare a dog to be potentially dangerous if
it finds that the dog:
a. 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
b. Killed another domestic animal, and
1. Poses a threat of serious bodily injury or death to a person; or
2. Poses a threat of death to another domestic animal; or
c. 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:
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a.
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Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) 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
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b.
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Killing a domestic animal if the domestic animal was the aggressor.
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[Ord. No. 90-18 § 8]
If the panel 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 Borough 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 subsection
5-13.13. The owner shall, at his/her 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 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 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 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 panel
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 Borough
of Tenafly 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.
2. To tether the dog within the enclosure with a tether approved by
the Animal Control Officer and having a minimum tensile strength in
excess of that required to fully secure the dog and of a length which
prohibits the dog from climbing, jumping or digging out of the confined
area.
[Ord. No. 90-18 § 9]
After the panel hearing, the official conducting the hearing
shall notify in writing the owner of the dog, the Animal Control Officer
and the municipality in which the animal resides.
If the parties do not contest the panel's finding, the owner
shall comply with the provisions of this act in accordance with a
schedule established by the panel, but in no case more than 60 days
subsequent to the date of the determination.
If the panel's determination is contested, the contesting party
may, within five days of such determination, bring a petition in the
Municipal Court requesting that the Court conduct its own hearing
on whether the dog should be declared vicious or potentially dangerous
or whether the conditions imposed on the owner of a potentially dangerous
dog are appropriate.
After service of the notice upon the parties to the action,
the Court shall conduct a hearing de novo and make its own determination.
If the Court finds by a preponderance of the evidence that the
dog is vicious, the dog shall be destroyed in a humane and expeditious
manner, except that no dog may be destroyed during the pendency of
an appeal.
If the Court finds by a preponderance of the evidence that the
dog is potentially dangerous, the Court shall establish a schedule
to insure compliance with this act, but in no case may complete compliance
be allowed more than 60 days subsequent to the date of the Court's
determination.
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.
[Ord. No. 90-18 § 10; Ord. No. 04-30]
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 to the Borough for the costs and expenses of impounding
and destroying the dog. The owner of the dog shall reimburse the Borough
for the full costs and expenses of impounding and destroying the dog.
[Ord. No. 90-18 § 11]
If the Municipal Court or the panel finds that the dog is not vicious or potentially dangerous, the official responsible for convening a hearing pursuant to subsection
5-13.4 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.
[Ord. No. 90-18 § 12]
The owner of a potentially dangerous dog shall:
a. Comply with the provision of this chapter in accordance with the
schedule established by the panel, but in no case more than 60 days
subsequent to the date of determination;
b. Notify the licensing authority, the 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, the 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 the sale or donation of the dog to a person residing in a different
municipality, notify the department and the licensing authority, Police
Department or force 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 3 of
P.L. 1941, c. 151, pay a potentially dangerous dog license fee to
the municipality as provided by this section.
[Ord. No. 90-18 § 13]
The owner of a potentially dangerous dog who is found by a preponderance
of the evidence to have violated this act, or any rule or regulation
adopted pursuant thereto, or to have failed to comply with a panel's
order shall be subject to a fine of not more than $1,000 per day of
the violation, and each day a 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 this section or any rule
or regulation adopted pursuant thereto or a panel's order. The Municipal
Court may order that the dog so seized and impounded be destroyed
in an expeditious and humane manner.
[Ord. No. 90-18 § 14]
The Borough 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 panel's orders. The
last three digits of each potentially dangerous dog registration number
issued by the Borough will be the three number code assigned to the
Borough in the regulations promulgated pursuant to Section 17 of Ch.
307, L: N.J. 1989. The Animal Control Officer shall verify, in writing,
compliance to the Municipal Clerk or other official designated to
license dogs in the Borough.
b. Publicize a telephone number for reporting violations of this section.
This telephone number shall be forwarded to the New Jersey State Department
of Health and any changes in this number shall be reported immediately
to the New Jersey State Department of Health.
[Ord. No. 90-18 § 15]
The sum to be paid annually for a potentially dangerous dog
license and each renewal thereof shall be $700.
[Ord. No. 90-18 § 16]
The Animal Control Officer shall inspect the enclosure and the
owner's property at least monthly to determine continuing compliance
with this section.
[Ord. No. 90-18 § 19]
The provision of this section shall not apply to dogs used for
law enforcement activities.
[Ord. No. 90-18 § 17]
Any action undertaken pursuant to the provisions of this section
shall be deemed to be an exercise of a government function and shall
be subject to the provisions of the New Jersey Tort Claims Act, N.J.S.A.
59:1.1 et seq.