As used in this article, the following terms shall have the
meanings indicated:
ANIMAL CONTROL OFFICER
The designated Spring Lake Animal Control Officer or, in
the absence of such an officer, the Chief of Police or his designee.
DOG
Any dog or dog hybrid.
VICIOUS DOG
Any dog or dog hybrid declared vicious by any municipal court
as set forth herein.
If the Municipal Court declares the dog to be potentially dangerous,
it shall issue an order and a schedule for compliance which, in part
shall require the owner to comply with the following conditions:
A. To apply, at this own expense, to the Borough Clerk for a special
municipal potentially dangerous dog license, municipal 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. A potentially dangerous dog shall be impounded until the
owner obtains a municipal potentially dangerous dog license, municipal
registration number, and red identification tag.
B. 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
C below.
C. 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; no person shall permit a potentially dangerous
dog to be kept on a chain, rope or other type of leash outside its
kennel unless under the supervision of the owner; the dog may not
be leashed to an inanimate object such as trees, posts and buildings.
D. To maintain liability insurance in an amount of not 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 name the Borough of Spring Lake 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.
E. To allow the Animal Control Officer to inspect the enclosure and
the owner's property, at least monthly to determine continuing compliance
with this section and any order or condition imposed by the Municipal
Court.
The owner of a potentially dangerous dog shall:
A. Comply with the provisions of §
107-26 in accordance with a schedule established by the Municipal Court, but in no case more than 30 days subsequent to the date of determination;
B. Notify the licensing authority, local Police Department and the Animal
Control Officer if the potentially dangerous dog is at large or has
attacked a human being or killed a domestic animal;
C. Notify the licensing authority, local Police Department and 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 to be a potentially dangerous dog;
E. Upon the sale or donation of the dog to a person residing in a different
municipality, notify the Police Department and 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 by N.J.S.A. 4:19-15.3, pay
a potentially dangerous dog license to the Borough of Spring Lake;
and
G. Allow the Animal Control Officer to inspect the enclosure and the
owner's premises not less than monthly to determine continuing compliance
with the section as well as any order or condition imposed by the
Municipal Court.
The owner of the dog or the Animal Control Officer may appeal
any final decision, order, or judgment, including any conditions attached
thereto, of the 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. The Superior Court shall hear the appeal
by conducting a de novo hearing in the matter.
If the Municipal Court finds that the dog is not vicious or
potentially dangerous, the Municipal Court shall continue to retain
jurisdiction 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 who is found by clear
and convincing evidence to be in violation of 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 article.
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 to 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.
All fines and fees collected or received by the Borough pursuant
to this article shall be deposited in a special account and used by
the Borough to administer and enforce the provisions of this article.