[Added 10-17-2000 by Ord. No. 6157-00[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. V, Pit Bulls, added 2-2-1988 by Ord. No. 5233-88, as amended
1-3-1995 by Ord. No. 5714-95.
As used in this article, the following terms
shall have the meanings indicated:
The certified Animal Control Officer of the City of Clifton,
or, in the absence of such officer, the Police Chief of the City of
Clifton, or his designee.
The certified Animal Cruelty Investigator of the City of
Clifton, or, in the absence of such officer, the Police Chief of the
City of Clifton, or his designee.
[Added 2-4-2003 by Ord. No. 6330-03]
The Clifton Health Department.
Any dog or dog hybrid.
Any cat, dog or livestock other than poultry.
Whenever animals are kept outdoors in animal shelters, pounds,
kennels and pet shops, they must be provided with shelter from the
elements at all times.
Any dog or dog hybrid declared potentially dangerous by the
Municipal Court pursuant to N.J.S.A. 4:19-23.
Any dog or dog hybrid declared vicious by the Municipal Court
pursuant to N.J.S.A. 4:19-22.
[Amended 2-4-2003 by Ord. No. 6330-03]
A.
An Animal Control Officer/Animal Cruelty Investigator
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:11-1b to that person;
(2)
Caused bodily injury as defined in N.J.S.A. 2C:11-1a
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;
or
(5)
Has killed another domestic animal.
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 Clifton Health Officer, the dog may be impounded
in a facility or other structure agreeable to the owner.
[Amended 2-4-2003 by Ord. No. 6330-03]
A.
The Animal Control Officer/Animal Cruelty Investigator
shall notify the Municipal Court and the Clifton Health Officer immediately
that he has seized and impounded a dog pursuant to Section 3 of P.L.
1989, c. 307 (N.J.S.A. 4:19-19), and that a hearing is required. The
Animal Control Officer/Animal Cruelty Investigator shall, through
a reasonable effort, attempt to determine the identity of the owner
of any dog seized and impounded pursuant to Section 3 of P.L. 1989,
c. 307. If its owner cannot be identified within seven days, that
dog may be humanely destroyed.
B.
The Animal Control Officer/Animal Cruelty Investigator
shall, within three working days of the determination of the identity
of the owner of a dog seized and impounded pursuant to Section 3 of
P.L. 1989, c. 307 (N.J.S.A. 4:19-19) 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 a 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.
A.
Notwithstanding any provision in P.L. 1989, c. 307
(N.J.S.A. 4:19-17 et seq.) to the contrary, the City and the owner
of a dog, but not a dog hybrid, 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 provisions of
P.L. 1989, c. 307, to the contrary, the City nor any of its employees
shall have any liability by virtue of having entered into any settlement
agreement pursuant to this section, or for any action or inaction
related to the entry into such agreement, for any injuries or damages
caused thereafter by the dog. The City may, as a condition of the
settlement agreement, also require that the owner of the dog hold
the City harmless for any legal expenses or fees the City may incur
in defending against any cause of action brought against the City,
notwithstanding the prohibition against such causes of action set
forth in this section.
B.
It will be the burden of the dog owner to prove that
the dog is not a dog hybrid.
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:11-1b upon
a person if the dog was provoked. The City 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 pursuant to Section 9 of P.L.
1989, c. 307 (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.
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:11-1a
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 a person or domestic animal.
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 Health
Department or other official designated to license dogs pursuant to
Section 2 of P.L. 1941, c. 151 (N.J.S.A. 4:19-15.2), for a special
City potentially dangerous dog license, municipal registration number,
and red identification tag issued pursuant to this act. 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 City potentially dangerous
dog license, City registration number, and red identification tag.
[Amended 2-20-2007 by Ord. No. 6643-07]
(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 subsection.
(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 confinement
area. The owner of a potentially dangerous dog shall at all times
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/Animal Cruelty Investigator 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.
[Amended 2-4-2003 by Ord. No. 6330-03]
B.
The owner may be required 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 homeowners' policy, shall contain
a provision requiring the City 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.
[Amended 2-4-2003 by Ord. No. 6330-03]
The owner of the dog, or the Animal Control
Officer/Animal Cruelty Investigator of the City, or the City, 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.
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 City for the costs and expenses
of impounding and destroying the dog. The City may establish by ordinance
a schedule of these costs and expenses. The owner shall incur the
expense of impounding the dog in a facility other than the City pound,
regardless of whether the dog is ultimately found to be vicious or
potentially dangerous.
B.
If the dog has bitten or had any exposure to a person
or a domestic animal 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 P.L. 1989, c. 307 (N.J.S.A.
419-17 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, local Police Department,
and the Animal Control Officer/Animal Cruelty Investigator if a potentially
dangerous dog is at large, or has attacked a human or killed a domestic
animal.
[Amended 2-4-2003 by Ord. No. 6330-03]
C.
Notify the licensing authority, local Police Department
and the Animal Control Officer/Animal Cruelty Investigator within
24 hours of the death, sale, or donation of a potentially dangerous
dog.
[Amended 2-4-2003 by Ord. No. 6330-03]
D.
Prior to the selling or the donating of the dog, inform
the prospective owner that the dog has been declared potentially dangerous.
E.
In addition to any license fee required pursuant to
Section 3 of P.L. 1941, c. 151 (N.J.S.A. 4:19-15.3), pay a potentially
dangerous dog license fee to the City as provided by Section 15 of
P.L. 1989, c. 307 (N.J.S.A. 4:19-31).
The owner of a potentially dangerous dog who
is found by clear and convincing evidence to have violated this act,
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 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.
