This article shall be known and may be cited
as the "Vicious and Potentially Dangerous Dog Ordinance of the City
of Egg Harbor City."
As used in this article, the following terms
shall have the meanings indicated:
ANIMAL CONTROL OFFICER
A certified municipal animal control officer or, in the absence
of such an officer, the chief law enforcement officer of the municipality
or his/her designee.
BODILY INJURY
Physical pain, illness or any impairment of physical conditions.
DOG
Any dog or dog hybrid.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared by the Municipal Court to
be the same if it finds that the dog caused bodily injury as defined
herein and in N.J.S.A. 2C:11-1a to a person during an unprovoked attack
and poses a serious threat of bodily injury or death to a person;
or killed another domestic animal and poses a serious threat of bodily
injury or death to a person; or poses a threat of death to another
domestic animal; or has been trained, tormented, badgered, baited
or encouraged to engage in unprovoked attacks upon persons or domestic
animals. A dog shall not be declared potentially dangerous for causing
bodily injury as defined herein and in N.J.S.A. 2C:11-1a to a person
if that person was committing or attempting to commit a crime or if
that person was tormenting or inflicting pain upon the dog in such
an extreme manner that an attack of such nature could be considered
provoked; or killing a domestic animal if the domestic animal was
the aggressor.
SERIOUS BODILY INJURY
Bodily injury which creates a substantial risk of death or
which causes serious, permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ.
VICIOUS DOG
Any dog or dog hybrid declared to be the same if the Municipal
Court finds that the dog killed a person or caused serious bodily
injury as defined herein and in N.J.S.A. 2C:11-1b to a person; or
has engaged in dog-fighting activities as defined in N.J.S.A. 4:22-24
and N.J.S.A. 4:22-26. A dog shall not be declared vicious for inflicting
death or serious bodily injury as defined herein and in N.J.S.A. 2C:11-1b
upon a person if that person was committing or attempting to commit
a crime or inflicting pain upon the dog in such an extreme manner
that an attack of such nature could be considered provoked.
The Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog attacked a person and caused death or serious bodily injury, as defined in §
97-58, to that person; caused bodily injury, as defined in §
97-58, to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals; engaged in dog-fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26; or has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals. 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.
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/her own expense, to the City Clerk for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to §
97-70 herein. The owner shall, at his/her 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 potentially dangerous dog license, municipal registration number and red identification tag.
(2) To display, in a conspicuous manner, a sign on his/her 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).
(3) To immediately erect and maintain an enclosure for
the potentially dangerous dog, 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 the potentially dangerous dog by an unknowing individual.
The potentially dangerous dog 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.
B. May require the owner to comply with the following
conditions:
(1) To maintain liability insurance in an amount determined
by the Municipal Court 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 naming
the City of Egg Harbor City 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 municipality in which the dog was impounded, may appeal
any final decision, order or judgment, including any conditions attached
thereto, of a municipal court pursuant to P.L. 1989, c. 307 (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.
If the Municipal Court find 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 this article and 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 City Clerk, the Police Department and 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 City Clerk, the Police Department and the
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 municipality, notify the State Department of Health
and the licensing authority, the Police Department and the Animal
Control Officer of that municipality of the transfer of ownership
and the name, address and telephone number of the new owner.
F. In addition to any license fee required, pay a potentially dangerous dog license fee as provided in §
97-71 of this article.
The owner of a potentially dangerous dog who
is found by clear and convincing evidence to have violated this article
or any rule or regulation adopted pursuant thereto or to have failed
to comply with a court's order shall be subject to a fine of no less
than $250 and not more than $1,000 per day and/or a jail term not
to exceed 30 days for a first violation; shall be subject to a fine
of not less than $500 nor more than $1,000 per day of the violation
and/or a jail term not to exceed 90 days for a second violation; and
shall be subject to a fine of not less than $1,000 per day of the
violation and/or a jail term not to exceed 180 days for a third and
subsequent violation. Each day's continuance of said violation shall
constitute a separate and distinct violation by said owner of a potentially
dangerous dog. The Municipal Court shall have jurisdiction to enforce
this section. The 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 any rule or regulation adopted
pursuant hereto 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 fee for all potentially dangerous dog licenses
shall be $500 annually and each renewal thereof.
The Animal Control officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with §
97-64.
Any action undertaken pursuant to this article
shall be subject to the provisions of the New Jersey Tort Claims Act
(N.J.S.A. 59:1-1 et seq.).
All fines and fees received and collected shall
be deposited into a special account to help administer and enforce
this article.
The provisions of this article shall not apply
to dogs used for law enforcement activities.