[Adopted by Ord. No. 33-2001 (§ 5-7 of the Revised General Ordinances), as amended
through Ord. No. 16-2002]
As used in this article, the following terms shall have the
meanings indicated:
The designated Spring Lake Animal Control Officer or, in
the absence of such an officer, the Chief of Police or his designee.
Any dog or dog hybrid.
Any dog or dog hybrid declared potentially dangerous by any
municipal court as set forth herein.
Any dog or dog hybrid declared vicious by any municipal court
as set forth herein.
A.
The 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 dogfighting 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 person 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.
A.
The Animal Control Officer shall notify the Municipal Court and the Health Officer immediately that he has seized and impounded a dog pursuant to § 107-22 above, 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. If its owner cannot be identified within seven days, that dog may be humanely destroyed.
B.
The 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 § 107-22 above, 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 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 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 municipality 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.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
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.
A.
The Borough of Spring Lake shall:
(1)
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 Animal
Control Officer that he has complied with the Court's orders. 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 of Spring Lake in the regulations promulgated pursuant to
N.J.S.A. 4:19-33. The Animal Control Officer shall verify, in writing,
compliance to the Municipal Clerk or other official designated to
license dogs in the Borough.
(2)
Publicize a telephone number for reporting violations of this article.
This telephone number shall be forwarded to the Department of Health,
and any changes in this number shall be reported immediately to the
Department of Health.
B.
The fee for the initial issuance of a potentially dangerous dog license
shall be $500. The renewal license fee shall be $150.
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.
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 of Spring Lake for the costs and expenses
of impounding and destroying the dog. The owner shall incur the expenses
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 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 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.
