[Ord. No. 2015-44 Exh.
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The keeping, control and disposition of vicious and potentially
dangerous dogs within the limits of Princeton shall be in accordance
with the provisions the "Vicious and Potentially Dangerous Dog Act,"
N.J.S.A. 4:19-17 through 4:19-37, as may from time to time be amended
("Act"). The terms "vicious dog" and "potentially dangerous dog" shall
mean any dog or dog hybrid declared vicious or potentially dangerous
in accordance with the provisions of the Act cited above in this section.
The requirements and information provided in Sections 6-19 through
6-26 of this article reflect certain specific and pertinent provisions
of the Act. The full text of the Act, N.J.S.A. 4:19-17 through 4:19-37,
is available online at www.princetonnj.gov/health. Additionally, printed
copies are available at the Princeton Department of Health.
[Ord. No. 2015-44 Exh.
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(a)
In addition to the authority of the animal control officer to impound
a dog pursuant to Section 6-8 of this chapter, 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.
[Ord. No. 2015-44 Exh.
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(a)
The animal control officer shall notify the municipal court and the
health officer immediately that the animal control officer has seized
and impounded a dog pursuant to Section 6-20 of this article, or that
the officer 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 Section 6-20 of this article. If its owner cannot be identified
within seven days, that dog may be euthanized.
(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 6-20, notify by certified mail, return receipt
requested, or in person at the last known place of residence 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 or she wishes the hearing
to be conducted or, if not, to relinquish ownership of the dog, in
which case the dog may be humanely euthanized. 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 euthanized.
[Ord. No. 2015-44 Exh.
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Notwithstanding any provision in N.J.S.A. 4:19-17 et seq., Princeton
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 of
an agreement, subject to review and approval by the municipal attorney,
as may be mutually agreed upon including, but not limited to the following
requirements:
(a)
Liability insurance in a minimum amount of $100,000 to cover any
damage or injury to any person caused by the dog. The liability insurance
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 any damage that may be caused
by the dog to any person or property, and to provide proof to the
animal control officer that said person has purchased liability insurance.
(b)
That the owner of the dog shall hold Princeton harmless from any
legal expenses or fees the municipality may incur in defending against
any claim brought against Princeton for any action or inaction related
to the entry into such agreement, or for any injuries or damages caused
thereafter by the dog.
(c)
Specification of the safety procedures to be used for handling and
restraining the dog and for registering, licensing and notifications.
(d)
That the animal control officer or health officer may cancel the
agreement if it is reasonably determined by either that it is in the
interest of public health, safety and welfare to do so, and to take
other measures to protect the public health, safety and welfare, consistent
with this chapter and with N.J.S.A. 4:19-17 through 4:19-3.
[Ord. No. 2015-44 Exh.
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(a)
The municipal court shall declare the 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 in N.J.S.A. 2C:11-1(b) upon a person if the
dog was provoked. Princeton 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, the dog shall be euthanized in a humane and
expeditious manner, except that no dog may be euthanized during the
pendency of an appeal.
(d)
The owner of a dog that has been determined by the court to be a
vicious dog shall be subject to all applicable requirements of N.J.S.A.
4:19-17 through 4:19-37.
[Ord. No. 2015-44 Exh.
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(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 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;
(2)
Severely injured or killed another domestic animal and either
poses a threat of serious bodily injury or death to a person or poses
a threat of death to another domestic animal; or
(3)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
(b)
A dog shall not be declared potentially dangerous for:
(1)
Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a
person if the dog was provoked; or
(2)
Severely injuring or killing a domestic animal if the domestic
animal was the aggressor. For the purposes of subsection (b)(1) of
this section, Princeton shall bear the burden of proof to demonstrate
that the dog was not provoked.
(c)
The owner of a dog that has been determined by the court to be a
potentially dangerous dog shall be subject to all applicable requirements
of N.J.S.A. 4:19-17 through 4:19-37.
[Ord. No. 2015-44 Exh.
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The owner of any dog that bites a person while such person is
on or in a public place, or lawfully on or in a private place, including
the property of the owner of the dog, shall be liable for such damages
as may be suffered by the person bitten, regardless of the former
viciousness of such dog or the owner's knowledge of such viciousness.
For the purpose of this section, a person is lawfully upon the
private property of such owner when that person is on the property
in the performance of any duty imposed upon that person by the laws
of this state or the laws or postal regulations of the United States,
or when on such property upon the invitation, express or implied,
of the owner thereof.
[Ord. No. 2015-44 Exh.
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The provisions of this article shall not apply to dogs used
for law enforcement activities.
