[Ord. No. 2015-44 Exh.
A]
The keeping, control and disposition of a menacing dog within
the limits of Princeton shall be in accordance with the provisions
of this article.
[Ord. No. 2015-44 Exh.
A]
Notwithstanding the provisions of N.J.S.A. 4:19-17 et seq.,
the animal control officer on behalf of Princeton is authorized to
declare a dog menacing whenever the animal control officer has reasonable
cause to believe that the dog possesses one or more of the traits
set forth in subsections (a) through (g) below. In making the determination
that a dog is or is not menacing, the following evidence shall be
considered:
(a) Whether the dog approached any person in a dangerous or terrorizing
manner, or in an apparent attitude of attack, without provocation.
(b) Whether the dog has a known propensity, tendency, or disposition
to attack when unprovoked, to cause injury or to otherwise endanger
the safety of human beings, dogs or other animals.
(c) Whether the dog exhibits any characteristics of aggressive or unpredictable
temperamental behavior in the presence of human beings, dogs or other
animals.
(d) The manner in which the dog had been maintained by its owner or custodian.
(e) Whether the dog snaps, or manifests a disposition to snap or bite.
(f) The size of the dog and the nature and extent of possible injuries
the dog could inflict.
(g) The presence or absence of any provocation.
[Ord. No. 2015-44 Exh.
A]
Any person owning, harboring or in custody of a dog that is
declared by the animal control officer to be a menacing dog is in
violation of this article of this chapter and shall be subject to
the following:
(a) For the first offense: a penalty of $100; and/or such remedial action
as may be recommended by the animal control officer and authorized
by the court, including but not limited to a hold harmless provision
and the purchase of liability insurance as described in Section 6-18
below.
(b) For second and subsequent offenses: a penalty of not less than $100
nor more than $1,000, or as otherwise ordered by the court.
[Ord. No. 2015-44 Exh.
A]
In accordance with Section 6-17(a) above any person owning,
harboring or in custody of a dog that is declared by the animal control
officer to be a menacing dog may be required to hold Princeton harmless
from any legal expenses or fees the municipality may incur in defending
against any claim brought against Princeton for any injuries or damages
caused thereafter by the dog, and to provide proof to the animal control
officer that said person has purchased liability insurance as follows:
Liability insurance in a minimum amount of $100,000 to cover
any damage or injury caused by the dog to any person or property.
It may be separate from any other homeowner policy and shall name
the municipality of Princeton as an additional insured party for the
purpose of notification by the insurance company of any cancellation,
termination or expiration of the policy, and to cover potential claims
against Princeton for damage that may be caused by the dog to any
person or property.