[Adopted 6-23-1997 by Ord. No. 1598; amended
in its entirety 5-12-2003 by Ord. No. 1821]
This article hereby incorporates by reference
the definitions, terms, provisions and procedures as set forth in
the Vicious Dog Act, N.J.S.A. 4:19-17 et seq.
Any dog which is found to be potentially dangerous,
according to the provisions set forth in N.J.S.A. 4:19-23, shall be
subject to the provisions of this article, as well as being subject
to any and all other provisions set forth in the Vicious Dog Act,
N.J.S.A. 4:19-17 et seq. (hereinafter "state law").
In addition to all requirements of the state
law, a record of each dog characterized as potentially dangerous pursuant
to this article, including the name and address of the owner and the
breed and age of the dog, shall be kept with the Borough Animal Control
Office. Owners of the potentially dangerous dogs must comply with
all provisions of the state law and of this article.
A.
The Borough Animal Control Officer shall seize and
impound a dog within 24 hours of the officer receiving information
constituting 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:11-16 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
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.
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 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.
2:19-23, 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 state
law, the following actions are required by owners of dogs that have
been designated as dangerous according to the above procedures:
A.
A license application shall be filed with the Borough
Health Officer and shall provide the following information:
(1)
The name of the applicant.
(2)
The name of 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 dogs
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
liability insurance policy, together with a copy of same.
[Amended 6-23-2003 by Ord. No. 1824]
B.
All applications shall be accompanied by an application
fee of $150 which is nonrefundable. The fee is designed to compensate
the Borough for the cost of processing the application and any inspections
prior to the licensing.
C.
Licenses shall be issued by the Ridgefield Health
Officer only after the appropriate fees have been paid and the applicant
has complied fully with all applicable codes, statutes and regulations,
including the Borough Zoning Code.[1]
E.
Revocation of license. If the applicant, owner or
other person responsible for any dangerous dog kept within the Borough
violates any provision of the 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.
Required notice. In addition to the provisions and
the 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. The owner
or keeper shall provide the Borough with the name, address and telephone
number of the new owner, who must comply with the 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 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. 4:19-24(a)(b) and shall also
have a minimum dimension of five feet by 10 feet and must have secure
sides and 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 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 and 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 the licensing is sought. The policy
shall be either what is known as a standard homeowner's policy or
a personal liability policy with a rider or endorsement indicating
specifically that the dog is covered. Any such 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.
[Amended 6-23-2003 by Ord. No. 1824]
B.
In lieu of this insurance, the owner may elect to
post a bond of $15,000 with the Borough to insure payment of damages
or 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.
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 a fine of not less than $50 and not more than $1,000
and/or imprisonment of up to 30 days.
