[Adopted 11-21-2023 by Ord. No. 2023-17]
As used in this section:
ANIMAL CONTROL OFFICER
Shall mean a certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the Borough or his designee.
DEPARTMENT
Shall mean the Board of Health.
DOG
Shall mean any dog or dog hybrid.
DOMESTIC ANIMAL
Shall mean any cat, dog or livestock other than poultry.
POTENTIALLY DANGEROUS DOG
Shall mean any dog or dog hybrid declared potentially dangerous by the Borough municipal court.
VICIOUS DOG
Shall mean any dog or dog hybrid declared vicious by the Borough municipal court.
A. 
An 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
(4) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
B. 
The dog believed to possess the above qualities shall be impounded until the final disposition as to whether a dog is vicious or potentially dangerous is made. Subject to the approval of the Borough health officer, the dog may be impounded in a facility or structure agreeable to the owner.
A. 
The animal control officer shall notify the Borough municipal court and the Borough health officer immediately that he has seized and impounded a dog pursuant to this section, 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 pursuant to this section. If its owner cannot be identified within seven days, the dog may be humanely destroyed.
B. 
The animal control officer shall, within three working days of the determination of the owner of a dog seized and impounded pursuant to this section, 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 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.
A. 
The Borough 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 as a result of 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. The Borough 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 destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
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. 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
(2) 
Severely injured or killed another domestic animal, and a) poses a threat of serious bodily injury or death to a person; or b) 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. 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.
C. 
For the purposes of Subsection B(1) the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
In the event that the Borough municipal court declares a 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 for a special Borough potentially dangerous dog license, Borough registration number and red identification tag. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. The potentially dangerous dog shall be impounded until the owner obtains the Borough potentially dangerous dog license, Borough 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 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 the potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of the 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 the dog shall be under the direct supervision of the owner.
B. 
May require the owner to maintain liability insurance in an amount determined by the Borough municipal court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any homeowner policy, shall contain a provision requiring that the Borough 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.
The owner of the dog, or the animal control officer in the Borough, may appeal any final decision or judgment, including any conditions attached thereto, of the Borough municipal court 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 a 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.
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 Borough for the cost and expenses of impounding the dog (see § 92-63 for fee schedule of these costs and expenses). In addition to the above charges, the owner of the dog shall be liable to the Borough for all costs and expenses of destroying the dog pursuant to the provisions hereof. 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 in another manner 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.
The owner of a potentially dangerous dog shall:
A. 
Comply with the provisions of this section in accordance with the schedule established by the municipal court, but in no case more than 60 days subsequent to the date of determination;
B. 
Notify 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 animal control officer within 24 hours of the death, sale or donation of a potentially dangerous dog;
D. 
Upon the sale or donation of the dog to a person residing in a different municipality, notify 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
E. 
In addition to any license fee required pursuant to § 92-57, pay a potentially dangerous dog license fee to the municipality. (See § 92-57.)
Any owner of a potentially dangerous or vicious dog who is found by clear and convincing evidence to have violated this section or any rule or regulation adopted pursuant thereto, or has failed to comply with the Borough municipal court's order shall be subject to the penalties and other provisions of the Revised General Ordinances of the Borough of Raritan. The Borough municipal court shall have jurisdiction to enforce this article. 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 the Borough municipal court's order. The Borough municipal court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.
The Borough shall:
A. 
Issue a potentially dangerous dog registration number and red identification tag along with a Borough potentially dangerous dog license upon the demonstration of sufficient evidence by the owner to the animal control officer that he has complied with the municipal court orders and that the potentially dangerous dog has had a rabies vaccination valid for the term of the potentially dangerous dog license. 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 N.J.S.A. 4:19-33. The animal control officer shall verify, in writing, compliance to the Borough Clerk or other official designated to license dogs in the Borough.
B. 
Publicize a telephone number for reporting violations of this section.
The Borough Council shall have power to appoint a poundmaster or other designated authority whose duty it shall be to enforce this article. The Borough shall also have power to appoint or enter into contract with one or more persons, for the exercise of the duties of dog catcher, dog warden or poundmaster and the enforcement of this article.
A. 
Reasons for impounding. The dog catcher, dog warden or poundmaster of the Borough shall take into custody and impound or cause to be taken into custody and impounded and thereafter destroyed or offered for adoption as provided in this section:
(1) 
Any dog off the premises of the owner or of the person keeping or harboring said dog which said official or his agent or agents have reason to believe is a stray dog;
(2) 
Any dog off the premises of the owner or of the person keeping or harboring the dog without a current registration tag on his collar;
(3) 
Any female in season off the premises of the owner or of the person keeping or harboring the dog;
(4) 
Any dog or other animal which is suspected to be rabid;
(5) 
Any dog or other animal off the premises of the owner reported to, or observed by, a certified control officer to be ill, injured or creating a threat to public health, safety or welfare or otherwise interfering with the enjoyment of property.
B. 
Notice to owner. If any dog impounded pursuant to this section wears a collar or harness having inscribed thereon or attached thereto the name or address of any person or a registration tag, or the owner or the person keeping or harboring the dog is known, the dog catcher, dog warden or poundmaster of the Borough or any person authorized by the Borough committee on their behalf, shall serve on such person a notice in writing stating that the animal has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after the service of the notice.
C. 
Method of service. A notice under this section will be served either by delivering it to the person on whom it is to be served, by leaving it at the person's usual or last known place of abode, or at the address given on the collar or by forwarding it by post in a prepaid envelope addressed to that person at his usual or last known place of abode or to the address given on the collar.
D. 
Disposition of unclaimed dogs. Any person authorized by the Borough Committee to cause an animal to be destroyed in a manner causing as little pain as possible and consistent with the provisions of N.J.S.A. 4:22-19 may offer the animal for adoption seven days after seizure, provided that 1) notice is given as set forth above and the animal remains unclaimed; or 2) the owner or person keeping or harboring the animal has not claimed the animal and paid all expenses incurred by reason of its detention; or 3) the owner or person keeping or harboring the dog which was unlicensed at the time of seizure does not produce a license and registration tag for the dog. At the time of adoption the right of ownership in the animal shall transfer to the new owner. No dog or other animal so caught and detained or procured, obtained, sent or brought to a pound or shelter shall be sold or otherwise made available for the purpose of experimentation. Any person who sells or otherwise makes available any such dog or other animal for the purpose of experimentation shall be guilty of a disorderly persons offense. Any animal seized under this section which is suspected of being rabid shall be immediately reported to the executive officer of the Borough Board of Health and to the Department of Health.
A. 
The expenses referred to in § 92-62 which shall be paid by the owner or person keeping or harboring a dog that has been impounded in any one-year period, shall be $15 for the impounding and $4 per calendar day for the first seven days that the dog is impounded for maintenance costs and the prevailing kennel daily rate for each day that the dog remains impounded after the said seven-day initial impounding period for maintenance costs. Payment of impounding and maintenance fees shall not relieve a party from being charged with violation of any other provision of this chapter. No owner or person keeping or harboring a dog shall be permitted to claim an impounded dog unless he produces a license and registration tag for the dog.
B. 
The fee above-mentioned shall be paid to the Borough Clerk and shall be forwarded to the Borough Treasurer within 30 days after collection or receipt and shall be placed in the same account with the license fees.
A. 
Emergencies. In the event any temporary emergency should arise which, in the opinion of the Borough Committee cause such action to be advisable for the proper protection of the health, safety and welfare of the public, the Borough Committee may, by resolution, for a specified period of time recited in the resolution, order that all dogs in the Borough or in a specified area thereof be securely muzzled whenever outside of buildings or fenced enclosures of their owners or custodians. After the adoption of such resolution and its being advertised once in the newspaper in which official legal advertisements of the Borough are placed, no person owning, keeping, harboring or having custody of any dog shall suffer or permit it to be outside a building or fenced enclosure located upon premises under his control while not securely muzzled. Upon ascertaining that any dog has attacked or bitten a human being or has been found killing, worrying or wounding any livestock or domestic animal the dog warden may, by written notice served upon the person owning, keeping, harboring or having custody of such dog, order that such dog be securely muzzled whenever outside of buildings or fenced enclosures of its owner or custodian until such order is rescinded by the dog warden or the Borough Committee, to which the owner or custodian may appeal at any time. During the duration of any such order, no person owning, keeping, harboring or having custody of such dog shall suffer or permit it to be outside a building or fenced enclosure located upon premises under his control while not securely muzzled. A notice under this section shall be served in the same manner as provided in § 92-62B.
B. 
Individual dogs. In the event any dog has attacked or bitten a human being and it cannot be established that the dog has been currently immunized against rabies, the dog warden may order that such dog be quarantined at an established commercial boarding kennel within the County of Somerset or at the premises of a licensed veterinarian, The expense of maintaining the dog shall be borne by the owner thereof.
Any officer or agent authorized or empowered to perform any duty under this article is hereby authorized to go upon any premises to seize for impounding any dog which he may lawfully seize and impound when such officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog if the owner is present and forbids the same.
This article shall not be construed as giving any authority for disposal of impounded dogs for medical research or for compulsory inoculation of dogs with anti-rabies vaccines.
The provisions of N.J.S.A. 4:19-15.1 et seq., as amended and supplemented, known as the Dog Control Act, shall be and are considered an integral part of this article when not expressly set forth in this article and shall be strictly enforced in the Borough.
The conduct of a dog shall be attributed to the person owning, keeping, or harboring it, and such person shall be deemed to have permitted any dog who acts contrary to the requirements of this article to act so, and such owner shall be guilty of a violation hereof.
Any person who violates any provision of this article or any of the rules and regulations of the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve the sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments, shall be subject upon conviction thereof, to a penalty of not less than $25 nor more than $500 or to imprisonment for not more than 90 days, or both. Each day that such violation continues to exist shall constitute a separate offense.