In addition to the provisions set forth in N.J.S.A. 4:19-23,
no dog may be declared potentially dangerous if the threat, injury
or damage was sustained by a person who, at the time, was committing
a willful trespass or other tort upon the premises occupied by the
owner or keeper of the dog or was teasing, tormenting, abusing or
assaulting the dog or was committing or attempting to commit a crime.
In addition to all the requirements of the state law, the following
actions are required by owners of dogs that have been designated as
dangerous by the above procedures:
A. A license application shall be filed with the Borough Clerk and shall
provide the following information:
(1)
The name of the applicant.
(2)
The name of the owner if different from the applicant.
(3)
The address where the dog is kept.
(4)
The number of such dogs on the premises.
(5)
The method to be used to secure/restrain the dog(s) on the property.
(6)
The name of the person responsible, for care and confinement
of the dogs.
(7)
The name, address and policy number of the applicant's
homeowners insurance policy.
B. All applications shall be accompanied by an application fee of $100,
which is nonrefundable. The fee includes the cost of processing the
application and any inspection prior to licensing.
[Amended 5-13-2008 by Ord. No. 08-17]
C. Licenses shall be issued by the Borough Clerk only after the appropriate
fees have been paid and if the applicant has complied fully with all
applicable codes, statutes and regulations, including the Borough's
Zoning Code.
D. License fees are as follows:
[Amended 5-13-2008 by Ord. No. 08-17]
(1)
One dangerous dog: $200 per year.
(2)
Two dangerous dogs: $400 per year.
(3)
Three dangerous dogs: $600 per year.
(4)
More than three dangerous dogs: $1,000, plus $700 for each dangerous
dog above three.
E. Revocation of license. If the applicant, owner or other person responsible
for any dangerous dog kept within the Borough violates any provision
of this article or any other applicable code, statute or regulation,
then any license issued hereunder shall be automatically revoked and
the license fee shall be retained by the Borough. The Borough Council
reserves the right to refuse to issue or reissue a license to any
person who has violated any provision of this article or other applicable
code, statute or regulation.
F. In addition to the provisions and requirements for compliance set
forth in N.J.S.A. 4:19-24, the owner or keeper shall notify the Borough
within 24 hours if a dangerous dog is loose or unconfined, has attacked
another animal or has attacked a human being or has died or has been
sold or given away. If the dog has been sold or given away, the owner
or keeper shall provide the Borough with the name, address and telephone
number of the new owner, who must comply with requirements of this
article.
In addition to the provisions and requirements for compliance
set forth in N.J.S.A. 4:19-24, the owner of a potentially dangerous
dog shall comply with the following requirements:
A. While on the owner's property, a potentially dangerous dog must
be securely confined indoors or in a securely enclosed and locked
pen or structure suitable to prevent the entry of young children and
designed to prevent the animal from escaping. Such pen or structure
must, at a minimum, comply with N.J.S.A. 4:19-24a(3) and shall also
have minimum dimensions of five feet by 10 feet and must have secure
sides and a secure top. If it has no bottom secured to the sides,
the sides must be embedded into the ground no less than two feet.
The enclosure must also provide protection from the elements for the
dog.
B. The owner or keeper shall display a sign on his or her premises warning
that there is a potentially dangerous dog on the property. This sign
shall be visible and capable of being read from 50 feet of the enclosure.
In addition, the owner shall conspicuously display a sign with a symbol
warning children of the presence of a dangerous dog.
A potentially dangerous dog may be off the owner's premises
if it is muzzled and restrained by a substantial chain or leash not
exceeding six feet in length and under the control of a responsible
person. The muzzle must be made in a manner that will not cause injury
to the dog or interfere with its vision or respiration, but must prevent
it from biting any person or animal.
If the owner or keeper of a dangerous dog within the Borough
is a minor, the parent or guardian of that minor shall be responsible
for compliance with the requirements of this article and shall be
liable for injuries and damages sustained by any person or domestic
animal caused by an unprovoked attack by the dog.
[Amended 3-14-2006 by Ord. No. 06-2]
A. In addition to all penalties set forth in N.J.S.A. 4:19-29, any person violating any provisions of this article shall be subject to the penalties provided by §
1-15 of this Code.
B. In addition, any person violating §
169-22.1 through §
169-22.7 of this article shall be subject to the following:
(1)
Forfeiture of his or her bond.
(2)
Revocation of his or her license and retention of the license
by the Borough.
(3)
Prohibition from obtaining another license for up to five years.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.