[Adopted 8-14-1996 by Ord. No. 8-1996]
As used in this article, the following terms
shall have the meanings indicated:
Certified Municipal Animal Control Officer as defined in
N.J.S.A. 4:19-15.1.
The Department of Health.
Any dog or dog hybrid.
Any cat, dog or livestock other than poultry.
Any dog or dog hybrid declared potentially dangerous by a
municipal court pursuant to N.J.S.A. 4:19-23.
Any dog or dog hybrid declared vicious by a municipal court
pursuant to N.J.S.A. 4:19-22.
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 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.
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 municipal health officer immediately that he has seized
and impounded a dog pursuant to 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 N.J.S.A. 4:19-19. 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 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 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.
Notwithstanding any provision in 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 N.J.S.A. 4:19-19 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 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 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 section.
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 pursuant to 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:
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 Municipal Clerk or other official designated to license dogs pursuant to 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 § 40-38 of this article. 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.
(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 section.
(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 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
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.
B.
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.
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 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 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 depository, 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 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 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.
B.
Notify the licensing authority, local police department
or force and the Animal Control Officer if a 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
or force and the 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 potentially dangerous.
E.
Upon the sale or donation of the dog to a person residing
in a different municipality, notify the department and the licensing
authority, police department or force and Animal Control Officer of
that municipality of the transfer of ownership and the name, address
and telephone of the new owner.
F.
In addition to any license fee required pursuant to
N.J.S.A. 4:19-15.3, pay a potentially dangerous dog license fee to
the municipality as provided by 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 article
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.
The Animal Control Officer is authorized to seize and impound any
potentially dangerous dog whose owner fails to comply with the provisions
of 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.
Each municipality shall:
A.
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 a municipality will be the three-number code assigned
to that municipality 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 municipality.
B.
Publicize a telephone number for reporting violations
of this article. This telephone number shall be forwarded to the department
and any changes in this number shall be reported immediately to the
department.
Each person who shall own, possess, keep or harbor any potentially dangerous dog or dogs shall obtain an annual license for each dog and shall have the same registered and numbered with the Township Clerk, and for such license shall pay the sum as provided in Chapter A120, Fees, as a license fee for each and every potentially dangerous dog. Said license fee shall be in lieu of the license fee required pursuant to § 40-1 of Article I of the Code of the Township of Pittsgrove.
The provisions of this article shall not apply
to dogs used for law enforcement activities.
