The following words and terms shall have the
meanings herein indicated for the purposes of this article:
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
EMERGENCY IMPOUNDMENT
Impoundment of an animal due to an emergency, for example,
fire destroying an owner's home or displacement of owner, etc.
[Added 6-8-2006 by Ord. No. 1692-06]
KEEPER
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
KENNEL
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
OWNER
When applied to the proprietorship of a dog, includes every
person having right of property in such dog and every person who has
such dog in his keeping.
PET SHOP
Any place of business which is not part of a kennel, wherein
animals, including, but not limited to, dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils, are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship
rather than for business or research purposes.
[Amended 8-9-2004 by Ord. No. 1634-04]
POUND
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed
without charge.
VICIOUS DOG
Any dog which has been declared by a Municipal Judge to be
a vicious dog which has attacked or bitten any human being or which
habitually attacks other dogs or domestic animals.
[Amended 5-3-1984 by Ord. No. 784-84]
The Director of Human Resources shall annually
cause a canvass to be made of all dogs owned, kept or harbored within
the limit of the City and shall report to the Clerk, the Health Department
and to the State Department of Health the results thereof, setting
forth in separate columns the names and addresses of persons owning,
keeping or harboring dogs, the number of licensed dogs owned, kept
or harbored by each person, together with the registration number
of each dog, the number of unlicensed dogs owned, kept or harbored
by each person, together with a complete description of each unlicensed
dog.
[Amended 10-5-2000 by Ord. No. 1497-00]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
A certified municipal animal control officer or, in the absence
of such officer, the chief law enforcement officer of Passaic or his
designee.
DOG
Any dog or dog hybrid.
FACILITIES
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.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared intentionally dangerous by
the Municipal Court pursuant to N.J.S.A 4:19-23.
VICIOUS DOG
Any dog or dog hybrid declared vicious by the Municipal Court
pursuant to N.J.S.A. 4:19-22.
B. Seizure and impoundment of dog by animal control officer;
grounds.
(1) An animal control ofticer shall seize and impound
a dog when the officer has reasonable cause to believe that the dog:
(a)
Attacked a person and caused death or serious
bodily injury as defined in N.J.S.A. 2C:11-1b to that person;
(b)
Caused bodily injury as defined in N.J.S.A.
2C11-1a to a person during an unprovoked attack and poses a serious
threat of harm to persons or domestic animals;
(c)
Engaged in dog fighting activities as described
in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or
(d)
Has been trained, tormented, badgered, baited
or encouraged to engage in unprovoked attacks upon persons or domestic
animals.
(2) 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.
C. Notice of seizure and impoundment; identity of owner;
notice of hearing.
(1) The animal control officer shall notify the Municipal
Court and the Municipal 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), 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
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.
(2) 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 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 the hearing
to be conducted or, if not, to relinquish ownership of the dog, in
which case the dog may 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.
D. Agreement between municipality and dog owner; settlement
and disposition; liability of City. Notwithstanding any provision
in P.L. 1989, c. 307 (N.J.S.A. 4:19-17 et seq.) to the contrary, the
municipality and the owner of the dog 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 provision
of P.L. 1989, c. 307 to the contrary, no municipality or any of its
employees shall have any liability by virtue of having entered into
any settlement agreement pursuant to this subsection, or for any action
or inaction related to the entry into of such agreement for any injuries
or damages caused thereafter by the dog. The municipality may, as
a condition of the settlement agreement, also require that the owner
of the dog hold the municipality harmless for any legal expenses or
fees the municipality may incur in defending against any cause of
action brought against the municipality notwithstanding the prohibition
against such causes of action set forth in this subsection.
E. Finding of vicious dog grounds.
(1) The Municipal Court shall declare the dog vicious
if it finds by clear and convincing evidence that the dog:
(a)
Killed a person or caused serious bodily injury
as defined in N.J.S.A. 2C:11-1b to a person; or
(b)
Has engaged in dog fighting activities as described
in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.
(2) 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 municipality shall bear the
burden of proof to demonstrate that the dog was not provoked.
(3) 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.
F. Finding and declaration of potentially dangerous dog.
(1) The Municipal Court shall declare a dog to be potentially
dangerous if it finds, by clear and convincing evidence, that the
dog:
(a)
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
(b)
Killed another domestic animal and
[1]
Poses a threat of serious bodily injury or death
to a person; or
[2]
Poses a threat of death to another domestic
animal; or
(c)
Has been trained, tormented, badgered, baited
or encouraged to engage in unprovoked attacks upon persons or domestic
animals.
(2) A dog shall not be declared potentially dangerous
for:
(a)
Causing bodily injury, as defined in N.J.S.A.
2C:11-1a to a person if the dog was provoked; or
(b)
Killing a domestic animal if the domestic animal was the aggressor. For the purposes of Subsection
F(2)(a) of this subsection, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
G. Order and schedule for compliance for potentially
dangerous dog. If the Municipal Court declares the dog to be potentially
dangerous, it shall issue an order and a schedule for compliance which,
in part:
(1) Shall require the owner to comply with the following
conditions:
(a)
To apply, at his own expense, to the Municipal
Clerk 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 municipal
potentially dangerous dog license, municipal registration number and
red identification tag issued pursuant to this act. The owner shall,
at his own expense, have a microchip implanted in the dog which will
serve as identification and to register the dog. A potentially dangerous
dog shall be impounded until the owner obtains a municipal potentially
dangerous dog license, municipal registration number and red identification
tag.
[Amended 8-11-2003 by Ord. No. 1584-03]
(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
G(1)(c) of this subsection.
(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 office
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.
(d)
May require the owner 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 homeowner
policy, shall contain a provision requiring the municipality in which
the owner resides 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.
H. Procedures for appeal. The owner of the dog, or the
animal control officer in the municipality in which the dog was impounded,
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.
I. Liability of owner for cost of impoundment and destruction.
(1) 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 municipality in which the dog is
impounded for the costs and expenses of impounding and destroying
the dog. The municipality 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 municipal pound, regardless
of whether the dog is ultimately found to be vicious or potentially
dangerous.
(2) 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.
J. Right to convene hearing for subsequent action of
dog. 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.
K. Duties of owner of potentially dangerous dogs. The
owner of a potentially dangerous dog shall:
(1) Comply with the provisions of P.L. 1989, c. 307 (N.J.S.A.
4:19-17 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.
(2) Notify the licensing authority, local Police Department
and the animal control officer if a potentially dangerous dog is at
large or has attacked a human being or killed a domestic animal.
(3) Notify the licensing authority, local Police Department
and the animal control officer within 24 hours of the death, sale
or donation of a potentially dangerous dog.
(4) Prior to selling or donating the dog, inform the prospective
owner that the dog has been declared potentially dangerous.
(5) Upon the sale or donating of the dog to a person residing
in a different municipality, notify the department and the licensing
authority, Police Department and animal control officer of that municipality
of the transfer of ownership and the name, address and telephone of
the new owner.
(6) 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 municipality as provided by Section
15 of P.L. 1989, c. 307 (N.J.S.A. 4:19-31).
L. 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.
The Municipal Court shall have jurisdiction to enforce this section.
An animal control officer is authorized to seize and impound any potentially
dangerous dog whose owner fails to comply with the provisions of P.L.
1989, c. 307 (N.J.S.A. 4:19-17 et seq.), or any rule or regulation
adopted pursuant thereto 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.
M. Fees and costs.
(1) If a dog is declared vicious or potentially dangerous
and all appeals pertaining thereto have been exhausted, the owner
shall be liable for the following fees and costs:
(a)
Impounding the dog in a facility other than
the municipal pound: $50 per day.
(b)
Destruction of dog: $150.
(c)
Potentially dangerous dog license and each renewal
thereof: $150.
It shall be unlawful for any dog, whether licensed
or not, to run at large within the City. A dog shall be deemed to
be "running at large" when off the premises of its owner or of the
person keeping or harboring such dog, which is not on a leash, tether,
chain, rope or the like, the overall length of which, including the
hand grip, shall not exceed six feet, held by its owner or other person
able to control such dog.
No person shall own, keep or harbor a dog in
the City, except in compliance with the provisions of this article
and the following regulations:
A. Wearing of registration. All dogs which are required
by the provisions of this article to be licensed shall wear a collar
or harness with the registration tag for such dog securely fastened
thereto.
B. Use of registration tags. No person, except an officer
in the performance of his duties, shall remove a registration tag
from the collar of any dog without the consent of the owner, nor shall
any person attach a registration tag to a dog for which it was not
issued.
C. Interference with official duties. No person shall
hinder, molest or interfere with anyone authorized or empowered to
perform any duty under this article.
[Amended 7-11-1985 by Ord. No. 865-85]
Except as otherwise provided in N.J.S.A. 4:19-1 et seq., any person who shall violate any of the provisions of this article shall, upon conviction thereof, be subject to such penalty as is provided in Chapter
1, General Provisions, Article
II, General Penalty.
[Added 6-8-2006 by Ord. No. 1692-06]
A. A fee for boarding of a dog, cat or other animal which
is impounded at the Municipal Pound by virtue of an emergency impoundment
shall be $10 per animal per day for boarding fee.
B. At no time shall an emergency impoundment provided
by the Municipal Pound exceed 30 days.
C. An animal's owner shall relinquish full ownership
of the animal(s) receiving emergency impoundment at the Municipal
Pound if he/she fails to reclaim the animal after the thirty-day period
of if he/she fails to pay the required impoundment cost.
D. The Municipal Pound is authorized to decide the final
disposition of animals not reclaimed after the thirty-day period,
including destruction or adoption placement.