[Added 11-18-2024 by Ord. No. 889-24]
It shall be unlawful for any person to keep or harbor within the Borough any dog which is declared by the Municipal Court to be a potentially dangerous dog, unless the dog's owner complies with the following conditions as set forth in N.J.S.A. 4:19-24(a): 1) to apply, at his own expense, to the Municipal Clerk or other official designated to license dogs pursuant to N.J.S.A. 4:19-15.2, for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant N.J.S.A. 4:19-30. The owner shall, at his 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 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 the next item; 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 to a radius of no more than three feet from the owner and under the direct supervision of the owner. It shall be unlawful for any person to keep or harbor within the Borough any dog which is declared by the Municipal Court to be a vicious dog.
a. The Municipal Court shall declare the dog 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:J11-1(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.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.
3. For the purposes of paragraph (1), municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
c. 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 4:22-26.
d. 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. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
e. If the Municipal Court declared a dog to be vicious, and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.