[1]
Editor’s Note: This subject was previously enforced
by a similar title “Pit Bull Ordinance,” which was adopted
by Ord. 6 S+FL, 9-20-1989.
Editor's Note: For State law relating to liability for personal
injury caused by dog bite, see N.J.S. 4:19-16.
[R.O. 1966 § 6:1-1; Ord. 6 S+FE, 9-6-1995; § 6:1A-1]
As used in this Article:
Shall mean the fighting or baiting of a living animal.
Shall mean any person, corporation, partnership or other
association.
Shall mean any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to Section 6:1-66 below and N.J.S. 4:19-23.
Shall mean any dog or dog hybrid declared vicious by a Municipal Court pursuant to Section 6:1-65 below and N.J.S. 4:19-22.
[R.O. 1966 § 6:1-9; Ord. 6 S+FE, 9-6-1995; § 6:1A-2]
An 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. 2C:11-1(b) to that person;
b.
Caused bodily injury as defined in N.J.S. 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. 4:22-24 and N.J.S. 4:22-26 and Section 6:1-61 above; or
d.
Has been trained, tormented, badgered, baited or encouraged to engaged
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.
[R.O. 1966 § 6:1-8; Ord. 6 S+FE, 9-6-1995; § 6:1A-3]
a.
The Animal Control Officer shall notify the Municipal Court and the Municipal Health Officer immediately that he/she has seized and impounded a dog pursuant to Section 6:1-62, or that he/she 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. Reasonable effort shall mean that if any animal so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, that person will be notified, or the owner or the person keeping or harboring the animal, if known, shall be notified. If the 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 Section 6:1-62, 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/she 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 of receipt, the dog may be humanely destroyed.
[Ord. 6 S+FE, 9-6-1995; § 6:1A-4]
a.
The Municipal Court shall declare a dog vicious if it finds by clear
and convincing evidence that the dog:
b.
A dog shall not be declared vicious for inflicting death or serious
bodily injury as defined by N.J.S. 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.
[Ord. 6 S+FE, 9-6-1995; § 6:1A-5]
a.
The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
b.
A dog shall not be declared potentially dangerous for:
1.
Causing bodily injury as defined in N.J.S. 2C:11-1(a) to a person
if the dog was provoked, or
2.
Killing a domestic animal if the domestic animal was the aggressor.
For the purposes of paragraph a, 1 of this section, the municipality
shall bear the burden of proof to demonstrate that the dog was not
provoked.
[Ord. 6 S+FE, 9-6-1995; § 6:1A-6]
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/her own expense, to the official designated to license dogs, for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to N.J.S. 4:19-30 and Section 6:1-72 below. 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/her 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 of this subsection;
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 at
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.
[Ord. 6 S+FE, 9-6-1995; § 6:1A-7]
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 this Article and 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.
[Ord. 6 S+FE, 9-6-1995; § 6:1A-8]
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 to the municipality in which the dog is impounded for the
costs and expense of impounding and destroying the dog. The municipality
may establish by ordinance a schedule of these costs and expenses.
The owner shall incur the expense of impounding the dog in a facility
other than the municipal 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.
[Ord. 6 S+FE, 9-6-1995; § 6:1A-9]
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.
[Ord. 6 S+FE, 9-6-1995; § 6:1A-10; Ord. 6PSF-A(S), 1-7-2016]
The owner of a potentially dangerous dog shall:
a.
Comply with the provisions of this Article 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 Newark Division of Police or
Force 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 Newark Division of Police or
Force, 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, Newark
Division of Police 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
[Ord. 6 S+FE, 9-6-1995; § 6:1A-11]
The owner of a potentially dangerous dog who is found 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. An Animal Control Officer is authorized to
seize and impound any potentially dangerous dog whose owner fails
to comply with the provision of this Article, 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 be destroyed in an
expeditious and humane manner.
[Ord. 6 S+FE, 9-6-1995; § 6:1A-12; Ord. 6 PSF-B, 8-3-2016]
a.
Any person owning or maintaining a dog adjudicated to be potentially dangerous by a Municipal Court shall obtain a potentially dangerous dog registration number, red identification tag and license in accordance with Section 6:1-66 above.
b.
The fee for a potentially dangerous dog registration number, red
identification tag and license shall be $750 annually, per dog.
