[Adopted 6-14-2016 by Ord. No. 2016-06[1]]
[1]
Editor’s Note: This ordinance also superseded former
Ch. 60, Dogs and Other Animals, Art. I, Licensing and Control of Dogs,
adopted 4-6-2004 by Ord. No. 2-04.
As used in this article, the following terms have the meanings
indicated:
A Certified Animal Control Officer as defined in § 60-12 of this article and N.J.S.A. 4:19-15.1 et seq.
The Department of Health.
Any dog, bitch, or spayed bitch, or dog hybrid.
Any dog which has attained the age of six months or which
possesses a set of permanent teeth.
Any cat, dog, or livestock other than poultry.
Any reference to gender is applied to any person.
Any establishment wherein or whereon the business or activity
of boarding or selling dogs or breeding dogs is carried on, except
a pet shop, and shall include any establishment wherein there is carried
on the business or practice of boarding, grooming, selling, or breeding
dogs, or where dogs are kept or maintained for any commercial purpose
whatever, except pet shops as herein described, or where four or more
dogs of licensing age are kept or maintained for any reason in any
one place or establishment, and any such facility as defined in the
Zoning Ordinance.[1]
Any dog or dog hybrids declared menacing by the Certified Animal Control Officer pursuant to § 60-22.2 of this article.
When applied to the proprietorship of a dog, means and includes
every person having a right of property in such dog and every person
who has such dog in his keeping.
Any place of business which is not part of a kennel, wherein
animals including but not limited to dogs are kept, boarded or displayed
chiefly for the purpose of sale to individuals for personal appreciation
and companionship rather than for business or research purposes.
Any dog or dog hybrids declared potentially dangerous by
the Municipal Court pursuant to N.J.S.A. 4:19-23.
Any establishment for the confinement of dogs or other animals
seized under the provisions of this article or otherwise.
Any establishment where dogs or other animals are received,
housed, and distributed.
Any dog or dog hybrids declared vicious by the Municipal
Court pursuant to N.J.S.A. 4:19-22.
A.
Any person residing in the Township who shall own, keep, or harbor
therein a dog which has attained the age of six months or which possesses
a set of permanent teeth shall annually, in the month of January,
apply for and procure from the Township Clerk a license and official
metal registration tag for each such dog and shall place upon such
dog a collar or harness with the registration tag securely fastened
thereto; provided that, in the event such a dog shall be newly acquired,
or in the event that, after acquisition, a dog shall attain the age
of six months or develop a set of permanent teeth, the initial application
for a license and registration tag shall be made within 10 days after
such acquisition, age attainment, or development of teeth, as the
case may be.
B.
Any person who shall bring or cause to be brought into the Township
any dog licensed in another state for the calendar year, and bearing
a registration tag, the same to be kept within the Township for a
period of more than 90 days, shall immediately apply for a license
and registration tag for each such dog, unless such dog is licensed
under a kennel, pet shop, shelter, or pound license issued according
to law.
C.
Any person who shall bring or cause to be brought into the Township from another state any unlicensed dog and shall keep the same or permit the same to be kept within the Township for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog, unless such dog is licensed under a kennel, pet shop, shelter, or pound license issued according to law. Failure to obtain a license as provided herein shall result in a delinquent fee being imposed as set forth in § 60-6. The owner shall be required to present sufficient proof to establish that the dog was acquired after February 1 and that application has been submitted within the ten-day requirement.
D.
No person, persons, or entity shall own, maintain, keep or harbor
or permit to be maintained, kept, or harbored in or about property
within the Township of Sandyston a total of more than four dogs of
licensing age without obtaining a kennel license; provided, however,
if at the time of the enactment of this article more than four dogs
are presently owned, maintained, kept, or harbored on any premises
within the Township in violation of this section, the number of dogs
may exceed the limit of four; further provided, however, if in the
event a dog dies or is otherwise disposed of, it may not be replaced
if the number of dogs remaining exceeds the limit of four. It is the
intention of the Township to bring the number of dogs permitted to
be owned, maintained, kept, or harbored on property within the Township
to the lawful limit of four.
Any person who shall fail to have his dog licensed and to have
his dog wear its metal registration tag shall be subject to the following
penalties:
A.
The
persons applying for a dog license and registration tag shall pay
a fee of $8.80 for the license and the sum of $1, total $10,[1] for a one-year registration tag for each dog other than a potentially dangerous dog; and for each annual renewal, the fee for the license and for the registration tag shall be the same as for the original license and tag; and the licenses, registration tags, and renewals thereof shall expire on December 31 of each year. The annual fee for a potentially dangerous dog and each renewal shall be $1,000 if application shall not be made within the time limited by § 60-2 or by law.
B.
In addition to the license fee referred to in Subsection A above, an additional fee of $3 shall be paid by a person applying for the license with respect to any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization. Any person claiming to be exempt from such fee shall provide a copy of a veterinarian's certification of neutering.
E.
Only one license and registration tag shall be required in any licensing
year for any dog owner in New Jersey, and such license and tag shall
be accepted by all municipalities.
A.
The application shall provide the name, the breed, sex, age, color
and markings of the dog for which license and registration are sought,
whether it is of a long- or shorthaired variety and whether it has
been surgically debarked or silenced; and the name, street and post
office address, and telephone number of the owner and the person who
shall keep or harbor such dog.
B.
There shall be provided with the application evidence that the dog
to be licensed and registered has been inoculated with a rabies vaccine
of a type approved by and administered in accordance with the recommendations
of the United States Department of Health, Education and Welfare or
has been certified exempt as provided by regulations of the State
Department of Health. No license or metal registration tag shall be
issued without proof of inoculation as required hereunder.
C.
The information on the application and the registration number issued
for the dog shall be preserved for a period of three years by the
Township Clerk. Registration numbers shall be issued in the order
of the application.
D.
The Township Clerk shall forward to the State Department of Health
each month, on forms furnished by the Department, an accurate account
of registration numbers issued or otherwise disposed of.
Dogs used as guides for blind persons and commonly known as
"Seeing Eye" dogs, dogs used to assist handicapped persons commonly
known as "service dogs," or dogs used to assist deaf persons and commonly
known as "hearing ear" dogs shall be licensed and registered as other
dogs as herein provided for, except that the owner or keeper of such
dog shall not be required to pay any fee therefor. Search and rescue
dogs, as well as "certified companion" dogs are exempt from fees as
well.
A.
Any
dog owner or person harboring a dog who is found, by the Animal Control
Officer, dog canvasser or any other municipal official, to have an
unlicensed dog after February 10 of any year shall be required to
pay an additional delinquent fee as provided for herein, plus the
required license and registration tag fees as provided in this chapter,
in addition to any fine imposed for failure to obtain a dog license
before February 10.
B.
The
Township Clerk shall levy a per-calendar-month additional late fee
of $5 for any license issued after February 10 of the calendar year
for which the license is required.
A.
No person of the Township of Sandyston shall own, possess, harbor,
or have in custody in the Township any dog over six months of age
unless such dog has been vaccinated against rabies by a duly licensed
veterinarian of the state. Such vaccination shall be repeated annually
or be a vaccination that remains effective for three years and is
to consist of one injection of not less than five cc's of antirabies
vaccine of standard and accepted formula and manufactured under a
license of the United States Bureau of Animal Industry of the Department
of Agriculture.
B.
Any dog may be exempted from the requirement of such vaccination,
for a specified period of time, upon the representation of a certificate
from a duly licensed veterinarian stating that, by reason of age,
infirmity or other physical condition, the vaccination of such dog,
for such specified period of time, is contraindicated. Nothing in
this section shall be deemed to require the vaccination of any dogs
located in and confined to duly recognized and licensed kennels, dog
pounds, pet shops, etc., where dogs are offered for sale, as provided
by the laws of the state.
Any person owning, harboring or having custody of a dog in the
Township shall obtain from the veterinarian who vaccinates such dog
against rabies a certificate and shall, within 10 days of such vaccination,
or within 10 days after bringing the dog into the Township if the
dog was vaccinated before being brought into the Township, present
such certificate to the Township Clerk's office for verification.
The vaccination certificate must extend through at least 10 months
of the twelve-month licensing period.
No license required for the owning and keeping of dogs, by virtue
of any law of the state or any provision of this article or other
ordinance of the Township, shall be issued to any person unless a
certificate issued by a duly licensed veterinarian of the state is
presented to the Township Clerk showing that such dog has been vaccinated
against rabies in the manner provided in this article.
A.
The Township Clerk is hereby authorized and empowered to provide
free vaccination of dogs at a suitable clinic and place designated
by him to be conducted by a licensed veterinarian of the state.
B.
The Township Clerk is hereby further authorized and empowered to
make and adopt such rules and regulations, not inconsistent or in
conflict with the terms and provisions of this article, as he may
deem proper and necessary for the enforcement of this article.
Any person who shall violate any of the provisions of this article
for which there is no specific penalty provided for hereinabove or
hereinbelow, shall, upon conviction, be punished by a fine not to
exceed $1,000 or by imprisonment in the county jail for a period not
to exceed 10 days, or by both such fine and imprisonment. Each violation
of any provisions of this article and each day of the same either
under this section or a section of this article for which there is
a specific penalty shall be deemed and taken to be a separate and
distinct offense.
A.
The Certified Animal Control Officer shall be appointed by the Township
of Sandyston or pursuant to a shared services agreement, if applicable,
but his or her term of office shall in no event extend beyond the
31st day of December next following his or her appointment. He or
she shall serve after the expiration of his or her term until his
or her successor shall be appointed and has qualified. Any vacancy
in the position shall be filled by the Township in like manner. He
or she shall receive such compensation for the performance of his
or her duties as shall lawfully be determined by the Township Committee
during budget deliberations annually.
B.
The Certified Animal Control Officer shall have the power and authority
within the Township to:
(1)
Enforce all laws or ordinances enacted for the protection of animals,
including, but not limited to, animal control, animal welfare and
animal cruelty laws of the state and ordinances of the Township;
(2)
Investigate and sign complaints concerning any violation of an animal
control, animal welfare or animal cruelty law of the state or ordinance
of the Township;
(3)
Act as an officer for the detection, apprehension and arrest of offenders
against the animal control, animal welfare and animal cruelty laws
of the state and ordinances of the Township;
(4)
Perform such duties relating to his or her position as are or from
time to time shall be prescribed by ordinances, by law and by direction
of the Township Committee.
A.
No person, except an officer in the performance of his duties, shall
remove a registration tag from the collar of any dog without the consent
of the owner, nor shall any person attach a registration tag to a
dog for which it was not issued.
B.
No licensed dog shall be allowed off the premises of the person harboring
or keeping the dog without the metal registration tag attached to
its harness or collar.
A.
Any person who keeps or operates or proposes to establish a kennel,
a pet shop, a shelter or a pound shall apply to the Township Clerk
for a license entitling him to keep or operate such establishment.
B.
The application shall describe the premises where the establishment
is located or is proposed to be located and the purpose or purposes
for which it is to be maintained and shall be accompanied by the written
approval of the local Board of Health and the Planning and/or the
Zoning Board, and/or Land Use Board, whichever is applicable, showing
compliance with the local and state rules and regulations governing
location of and sanitation at such establishments.
C.
All licenses issued for a kennel, pet shop, shelter or pound shall
state the purpose for which the establishment is maintained. Such
license shall expire on the last day of January of each year and shall
be subject to revocation by the Township on recommendation of the
State Department of Health or the local Board of Health for failure
to comply with the rules and regulations of the State Department of
Health or the local Board of Health governing the same, after the
owner has been afforded a hearing by either the State Department of
Health or the local Board of Health in accordance with the statutes
providing for such hearings.
D.
Any such person holding such license shall not be required to secure
individual licenses for dogs owned by him and kept at such establishments.
E.
Such license shall not be transferable to another owner or different
premises.
F.
One female dog for breeding purposes may be kept by not more than
one person for each family household without obtaining a kennel license,
for not more than one litter per year, and further provided that the
pups from such breeding shall be sold or disposed of after seven months
of age, unless kept as licensed dogs, and that the female dog kept
for breeding purposes must be registered as a breed bitch each year
when the license for the dog is obtained.
G.
The annual license fee for a kennel shall be $50.
H.
No dog kept in a kennel, pet shop, shelter or pound shall be permitted
off such premises except on leash or in a crate or other safe control.
A license fee and other moneys collected or received under this
article, after payment to the state of its statutory fees, shall be
forwarded to the Chief Financial Officer of the Township after collection
or receipt and shall be placed in a special account separate from
any of the other accounts of the Township, and such funds shall be
used, expended or transferred only in accordance with statutes of
the State of New Jersey governing and regulating the use, expenditure
or transfer of such funds.
The Township Clerk shall forward to the State Department of
Health a list of all kennels, pet shops, shelters and pounds licensed,
within 30 days after the licenses therefor are issued, which list
shall include the name and address of the licensee and the kind of
license issued.
No person who owns, keeps or harbors any dog shall suffer or
permit such dog to bite any person or animal. Any person violating
this section shall be subject to a fine for the first offense of up
to $500, and for the second and subsequent offenses from $500 up to
$1,000.
No person who owns, keeps or harbors any dog shall allow such dog to bark, howl or cry habitually in such manner as to constitute a nuisance. Nor shall any person who owns, keeps or harbors any dog allow it to chase any vehicle upon a public street, or to injure or damage any lawn or shrubbery or flowers or grounds or any property of any person other than its master's, to behave in any way so as to threaten, menace or endanger property, or to violate the owner's responsibility under § 60-19.2 of this article requiring the owner or person in charge of the dog to clean up the dog's feces. Any person who shall violate this section shall be subject to, for a first offense, a fine of $200, and for the second and subsequent offenses, a fine of up to $1,000.
No person who owns, keeps or harbors any dog shall suffer or
permit such dog to be out-of-doors unless accompanied by and under
the control of a responsible person and the dog is on a leash not
longer than eight feet in length or unless confined within its owner's
property; except when a dog is within an official Township dog park,
then the dog park rules and regulations shall apply.
Any person who shall violate any provisions of § 60-19 concerning having a dog on a leash shall be punished by the following fines:
No person owning, harboring, keeping or in charge of any dog
shall cause, suffer or allow such dog to soil, defile, defecate on
or commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypath, play area, park or any place where people congregate or walk,
or upon any public property whatsoever, or upon any private property
without the permission of the owner of said property, except under
the following conditions:
A.
The person who owns, harbors, keeps or is in charge of such dog shall
immediately remove all feces deposited by such dog by any sanitary
method.
B.
The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring, keeping or in charge
of any dog in a sanitary manner.
No person who owns, keeps or harbors any dog shall suffer or
permit such dog to be in or upon:
A.
Any private property without the consent of the owner of such property.
B.
Any public school property.
C.
Any public park or recreation area unless accompanied by and under
the control of a responsible person in accordance with regulations
promulgated by the public authority having jurisdiction thereof.
Any person who shall violate any of the provisions of § 60-20 shall be subject to the following penalties:
No person who owns, keeps or harbors any female dog shall suffer
or permit such dog, while in season, to be out-of-doors unleashed;
nor shall any such person suffer or permit such dog, while in season,
to be within the Township except in a duly licensed kennel or animal
hospital after being given written notice by the Certified Animal
Control Officer ordering the removal of such dog or its confinement
in such kennel or animal hospital. Such notice may be given whenever
the Certified Animal Control Officer shall determine that such dog
constitutes a nuisance.
Any person who shall violate § 60-21 hereinabove shall be subject to the following fines:
No person who owns, keeps or harbors any dog which shall have bitten any person shall, after being given written notice by the Chief of Police or by the Certified Animal Control Officer ordering the confinement of such dog, suffer or permit such dog to be out-of-doors unless confined on a leash and accompanied by a responsible person or unless confined within a secure enclosure on its master's property. Any such dog believed to be vicious or potentially dangerous shall be subject to the provisions of §§ 60-23 through 60-27.10 of this article.
Notwithstanding any provision in N.J.S.A. 4:19-17 et seq. to
the contrary, the Certified Animal Control Officer, on behalf of the
Township, is authorized to declare a dog menacing whenever the Certified
Animal Control Officer has reasonable cause to believe that the dog
poses a threat of bodily injury or death to a human being. 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 or domestic animals.
C.
Whether the dog exhibits any characteristics of aggressive or unpredictable
temperamental behavior in the presence of human beings or dogs or
other animals.
D.
The manner in which the dog had been maintained by its owner or custodian.
E.
Whether the dog snaps, bites, or manifests a disposition to snap
or bite.
F.
The size of the dog and the nature and extent of possible injuries
inflicted.
G.
The presence or absence of any provocation.
Any person who owns, keeps, or harbors a menacing dog shall
be required to comply with one or more of the following conditions,
as determined by the Certified Animal Control Officer:
A.
Immediately erect and maintain an enclosure and/or other means of
restraint for the menacing dog, on the property where the menacing
dog will be kept and maintained, that is designed to prevent the menacing
dog from escaping by climbing, jumping, or digging, prevent the entry
of the general public, and preclude any release or escape of a menacing
dog by an unknowing person, and that is approved by the Animal Control
Officer. Said officer may also require that the menacing dog be muzzled
while outside within the enclosure.
B.
Control the menacing dog when outside of the enclosure. No person
shall take the menacing dog out of the enclosure unless it is securely
muzzled and restrained with a tether approved by the Certified Animal
Control Officer having a minimum tensile strength sufficiently in
excess of that required to restrict the menacing dog's movements to
a radius of no more than three feet from the person and under the
direct supervision of a responsible person of at least 18 years of
age.
C.
Maintain liability insurance in a minimum amount of $100,000 to cover
any damage or injury caused by the menacing dog. The liability insurance,
which may be separate from any other homeowner policy, shall contain
a provision requiring that the Township 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.
Any person who uses a menacing dog to threaten or coerce action
from another individual shall be subject to prosecution.
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 or dogs which he may lawfully seize
and impound when such officer is in immediate pursuit of such dog
or dogs, except upon the premises of the owner of the dog if said
owner is present and forbids the same.
A.
In addition to the ability of the Certified Animal Control Officer to impound a dog pursuant to § 60-24 of this article, the Certified 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.
Notice of seizure and impoundment; determination of identity
of owners; notice of hearing; return of statement by owner; destruction
of dog; agreement between municipality and dog owner; settlement and
disposition; liability of municipality; and legal expenses are as
follows:
A.
The Certified Animal Control Officer shall notify the Municipal Court and the Municipal Health Officer immediately that he has seized and impounded a dog pursuant to § 60-24 and N.J.S.A. 4:19-19, or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The Certified Animal Control Officer shall, through a reasonable effort, attempt to determine the identity of the owner of any dog seized and impounded pursuant to § 60-24 and N.J.S.A. 4:19-19. If its owner cannot be identified within seven days, that dog may be humanely destroyed.
B.
The Certified 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 § 60-24 and N.J.S.A. 4:19-19, notify the owner by certified mail, return receipt requested, 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.
C.
In the alternative and notwithstanding any provision in N.J.S.A.
4:19-17 et seq. to the contrary, the Township, through the Certified
Animal Control Officer 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 as may be mutually agreed upon. Notwithstanding any
provision of N.J.S.A. 4:19-17 et seq. to the contrary, neither the
Township nor any of its employees shall have any liability by virtue
of having entered into any settlement agreement pursuant to this subsection,
or for any action or inaction related to the entry into such agreement,
for any injuries or damages caused thereafter by the dog. The Township
may, as a condition of the settlement agreement, also require that
the owner of the dog hold the Township harmless for any legal expenses
or fees the Township may incur in defending against any cause of action
brought against the Township, notwithstanding the prohibition against
such causes of action set forth in this subsection.
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. The Township shall bear the burden of proof
to demonstrate that the dog was not provoked.
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; or
(3)
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
If the Municipal Court declares the 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 Municipal Clerk for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to § 60-27.7. 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 Subsection A(3) of this section.
(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 Certified Animal Control
Officer 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.
B.
May require the owner to maintain liability insurance in an amount
determined by the Municipal Court, but no less than $100,000, to cover
any damage or injury caused by the potentially dangerous dog. The
liability insurance, which may be separate from any other homeowner
policy, shall contain a provision requiring the Township in which
the owner resides to 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 Certified Animal Control Officer may appeal any final decision, order or judgment, including any conditions attached thereto, of a municipal court pursuant to §§ 60-26 and/or 60-27 and N.J.S.A. 4:19-17 et seq. 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 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 Township for the costs and expenses of impounding and destroying the dog pursuant to §§ 60-24 and 60-27.5. The owner shall incur the expense of impounding the dog in a facility other than the municipal depository, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.
B.
If the dog has bitten or exposed 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.
If the Municipal Court finds that the dog is not vicious or
potentially dangerous, the Municipal Court shall retain the right
to convene a hearing to determine whether the dog is vicious or potentially
dangerous for any subsequent actions of the dog.
The owner of a potentially dangerous dog shall:
A.
Comply with the provisions of N.J.S.A. 4:19-17 et seq. in accordance
with a schedule established by the Municipal Court, but in no case
more than 60 days subsequent to the date of determination;
B.
Notify the licensing authority, State Police and the Certified 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 licensing authority, State Police and the Certified Animal
Control Officer within 24 hours of the death, sale or donation of
a potentially dangerous dog;
D.
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
E.
Upon the sale or donation of the dog to a person residing in a different
Township, notify the Department and the licensing authority, police
department or force and Certified Animal Control Officer of that municipality
of the transfer of ownership and the name, address and telephone number
of the new owner;
The owner of a potentially dangerous dog who is found by clear
and convincing evidence to have violated this article or to have failed
to comply with a court's order shall be subject to a fine of not more
than $1,000 per day of the violation, and each day's continuance of
the violation shall constitute a separate and distinct violation.
The Municipal Court shall have jurisdiction to enforce this section.
The Certified Animal Control Officer is authorized to seize and impound
any potentially dangerous dog whose owner fails to comply with the
provisions of this article or N.J.S.A. 4:19-17 et seq., or a court's
order. The Municipal Court may order that the dog so seized and impounded
be destroyed in an expeditious and humane manner.
The Township shall:
A.
Issue a potentially dangerous dog registration number and red identification
tag along with a municipal potentially dangerous dog license upon
a demonstration of sufficient evidence by the owner to the Certified
Animal Control Officer that he has complied with the Municipal Court's
orders. The last three digits of each potentially dangerous dog registration
number issued by the Township will be the three-number ordinance assigned
to the Township in the regulations promulgated pursuant to N.J.S.A.
4:19-33. The Certified Animal Control Officer shall verify compliance
to the Township Clerk in writing.
B.
Publicize a telephone number for reporting violations of this article.
This telephone number shall be forwarded to the Department, and any
changes in this number shall be reported immediately to the Department.
A.
Notwithstanding any provision in N.J.S.A. 4:19-17 et seq. to the contrary, whenever the Certified Animal Control Officer has reasonable cause to believe that the dog poses a threat of bodily injury or death to another domestic animal, whether or not such dog is declared vicious or potentially dangerous pursuant to §§ 60-26 and 60-27 hereinabove, the Certified Animal Control Officer, on behalf of the Township, is authorized to negotiate and enter into an agreement with the owner of the dog requiring the owner's compliance with one or more of the following conditions or any other conditions as may be mutually agreed upon:
(1)
To apply, at the owner's expense, to the Township Clerk for
a special municipal potentially dangerous dog license, municipal registration
number and red identification tag issued pursuant to § 60.27.7.
The owner shall, at his own expense, have the registration number
tattooed upon the dog in a prominent location. The dog may 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 the premises warning that a potentially dangerous dog is on the premises. The sign should be visible and legible from 50 feet from the enclosure required pursuant to Subsection A(3) of this section.
(3)
To immediately erect and maintain an enclosure for the dog on
the property where the 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 dog shall securely lock the enclosure
to prevent the entry of the general public and to preclude any release
or escape of the dog by an unknowing child or other person. The dog
shall be confined in the enclosure or, if taken out of the enclosure,
securely muzzled and restrained with a tether approved by the Certified
Animal Control Officer having a minimum tensile strength sufficiently
in excess of that required to restrict the dog's movements to a radius
of no more than three feet from the owner and under the direct supervision
of the owner.
B.
Notwithstanding any provision of N.J.S.A. 4:19-17 et seq. to the
contrary, neither the Township nor any of its employees shall have
any liability, by virtue of having entered into any settlement agreement
pursuant to this subsection, for any action or inaction related to
the entry into such agreement, for any injuries or damages caused
thereafter by the dog. The Township may, as a condition of the settlement
agreement, also require that the owner of the dog hold the Township
harmless for any legal expenses or fees the Township may incur in
defending against any cause of action brought against the Township
notwithstanding the prohibition against such causes of action set
forth in this subsection.
The provisions of this article hereinabove are severable. If
any such provision is held by a court of competent jurisdiction to
be in violation of federal or state constitutional or statutory law,
said provision is hereby repealed, and the decision of the court shall
not affect or impair any of the remaining provisions contained herein.
A.
The Certified Animal Control Officer or any person authorized by
him in that behalf is empowered and authorized to take into custody
any dog observed by him which is:
C.
If any dog so taken into custody wears a collar or harness having
inscribed thereon or attached thereto the name and address of any
person or a registration tag, or if the owner or the person keeping
or harboring such dog is known, the Chief of Police or Certified Animal
Control Officer, or any person authorized by either of them in their
behalf, shall forthwith notify the person whose address is given on
the collar or harness or, if known, the owner or the person keeping
or harboring such dog that the dog has been taken into custody and
will be liable to be offered for adoption or destroyed if not claimed
within one week after the giving of such notice. Such notice is to
be given in writing.
D.
Such person shall be entitled to redeem such dog within one week
after the giving of such notice, and if notice is not required to
be given hereunder, any person claiming such dog shall be entitled
to redeem the dog within one week after its being taken into custody,
upon establishing his title thereto to the satisfaction of the Certified
Animal Control Officer, and if the dog was unlicensed or untagged
at the time of its seizure, upon producing a license and registration
tag for the dog, and upon paying to the Township Clerk a redemption
fee of $20 and all expenses incurred by reason of the dog's detention,
including boarding costs not exceeding $10 per day or the then-current
charges charged to the Township by the Township official pound, whichever
is greater. In addition, such person redeeming the dog shall pay to
the Township Clerk a fee, which shall include all expenses incurred
while the dog was being boarded while impounded.
E.
If any dog so taken into custody shall not be redeemed as aforesaid,
it shall thereupon be disposed of or destroyed in a humane manner,
as the licensed veterinarian or kennel shall see fit, or offered for
adoption seven days after seizure. At the time of adoption, the right
of ownership in the dog shall transfer to the new owner.
Any officer or agent authorized or empowered to seize a dog
hereunder is hereby authorized and empowered to go upon any premises
to take into custody any dog which he may lawfully seize when he 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.
No person shall hinder, molest or interfere with anyone in the
performance of any of his powers or duties under this article. The
minimum penalty for the violation of this section shall be $100, up
to $1,000.
Any notice required or permitted to be given under this article may be made and given upon information and belief. Any such written notice shall be handed to the person to whom directed, or it shall be left at or mailed to the usual or last known place of abode of such person or, when applicable, the address given on a dog's collar or harness; except that if such notice is given pursuant to §§ 60-25 through 60-27.9, such notice shall be delivered in accordance with the provisions set forth in § 60-25.
Any person who shall violate any provision of §§ 60-7 through 60-10 is subject to penalties as set forth in § 60-11. Any person who shall violate any provision of §§ 60-22.1 through 60-22.3 is subject to penalties as set forth in § 60-22.4. Any person who shall violate any provision of §§ 60-9 through 60-15 shall be liable to a fine of not more than $1,000 per day, and each day's continuance of the violation shall constitute a separate and distinct violation. Any person who shall violate any other provision of this chapter shall be liable to a fine of not more than $50 for each offense, and each day in which such violation continues shall be deemed to constitute a separate offense.
