[Added 12-17-1996 by Ord.
No. 96-40; amended in its entirety 5-27-1997 by Ord. No. 97-23]
A.
Any dog which is found to be potentially dangerous, as defined by
N.J.S.A. 4:19-23 shall be subject to the provisions of this article,
in addition to any and all other provisions set forth in the Vicious
Dog Act, N.J.S.A. 4:19-17 et seq. (hereinafter the "state law").
B.
In addition to all requirements of the state law, a record of each
dog characterized as potentially dangerous, including the name and
address of the owner and the breed and age of the dog, shall be kept
with the Borough Animal Control Officer. Owners of potentially dangerous
dogs must comply with all provisions of the state law and of this
article.
C.
The Borough Animal Control Officer shall seize and impound a dog
within 24 hours of the officer receiving information constituting
reasonable cause 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. 2-C:11-1a to a person
during an unprovoked attack and poses a serious threat or 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.
D.
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 and the Borough Animal Control Officer,
the dog may be impounded in a facility or other structure agreeable
to the owner.
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]
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.
A.
The owner or keeper of a potentially dangerous dog shall present
to the Borough proof that the owner or keeper has procured liability
insurance in the amount of at least $50,000 covering the twelve-month
period during which licensing is sought. This policy shall contain
a provision requiring the Borough to be named as an additional insured
for the sole purpose of the Borough being notified by the insurance
company of any cancellation, termination or expiration of the policy.
B.
In lieu of this insurance, the owner may elect to post a bond of
$5,000 with the Borough to insure payment of damages on injuries which
may be caused by his/her potentially dangerous dog.
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]
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
