[Ord. No. 2015-44 Exh. A]
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. A]
(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. A]
(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. A]
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. A]
(a) 
The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:
(1) 
Killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to a person; or
(2) 
Has engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.
(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. A]
(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. A]
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.