[Adopted 6-4-1980 by Ord. No. 880 (§§ 95-28
to 95-33 of the 1982 Code)]
For purposes of this article, the terms as used
herein shall be defined as follows:
When it applies to the proprietorship of the dog, every person
having a right of property in any dog and every person who has a dog
in his custody and any person exercising control over a dog or permitting
a dog to remain on premises under his or her control.
Any dog which has bitten or attacked or attempted to attack
or bite any human being without provocation or which habitually attacks
other dogs or domestic animals or destroys property.
No person owning or having the care, custody
or control of any dog shall suffer or permit it to run at large on
any public or private property in the Borough of Leonia, other than
that of the owner or person having the care, custody or control of
such dog.
A.
Complaint; investigation; report. It shall be the
duty of the Chief of Police or a police officer designated by him
to receive and investigate complaints against dogs. If he deems any
dog complained of to be vicious, he shall make a complaint on behalf
of citizens of the Borough in the Municipal Court. Nothing herein
contained shall limit the right of any person to make a similar complaint
in Municipal Court.
B.
The complaint shall be served upon the owner, harborer
or keeper of an allegedly vicious dog and require the owner to appear
before the Municipal Court for a hearing. At the hearing, evidence
shall be presented relative to past acts of the animal, the propensities
to commit similar acts in the future and a finding shall be made as
to whether the animal in question is a public or private nuisance
and as to whether the continued presence within the Borough would
be contrary to the health and welfare of the residents of the Borough
of Leonia.
C.
Determination of Municipal Court. Any animal adjudicated
as vicious, upon the order of the Municipal Court Judge, may be confined
to the owner's premises or not taken from the owner's premises without
a leash or muzzle or shall be removed from the Borough within three
days by the owner. In the event said animal is not removed from the
Borough within three days, the Borough Dog Warden or a dog control
officer shall be empowered to impound the dog as set forth herein.
D.
Control of vicious dogs. Notwithstanding anything
to the contrary herein, no person owning or having control of a dog
which is vicious shall permit it to be off the property of the owner
without being securely muzzled and leashed.
A.
Causes for impounding. The Dog Warden or dog control
officer of the Borough or a designated agent shall take into custody
and impound any of the following dogs:
(1)
Any dog off the premises of the owner which the Dog
Warden has reason to believe is a stray dog.
(2)
Any dog off the premises of the owner without a current
registration tag on its collar.
(3)
Any female dog, in season, off the premises of the
owner.
(4)
Any dog which is determined to be vicious, as set
forth above, which is not muzzled.
B.
Notice of seizure. If any dog impounded or seized
wears its registered tag, collar or harness, having inscribed on or
attached to it the name and address of any person or the owner of
the dog, a notice shall immediately be served upon the person whose
address is given on the collar or on the person owning the dog, stating
that the dog has been seized and may be disposed of or destroyed if
not claimed within seven days after the service of the notice. A notice
under this section may be served either by delivering it to the person
personally or by leaving it at the person's usual or last known place
of abode or at the address given on the collar or by forwarding it
by certified mail, return receipt requested.
[Amended 4-21-2003 by Ord. No. 04-03; 12-20-2004 by Ord. No.
27-04]
A.
No person owning, harboring, keeping or in charge
of any dog shall cause, suffer or allow such dog to soil, defile,
defecate on, or commit any nuisance on any common thoroughfare, public
right-of-way, or public easement, passageway, bypass, play area, park
or any play area, park or any place where people congregate or walk,
or upon any public portion whatsoever, unless the person in control
of said dog shall immediately pick up, remove and dispose of the feces
deposited by such animal in any sanitary method.
B.
No person owning, harboring or keeping or in charge
of any dog shall cause, suffer or allow such dog to defile, defecate
on, or commit any nuisance on private property, without the express
permission of the property owners and so long as the person in control
of said dog shall immediately remove any feces deposited by such animal
by any sanitary method. For purposes of this section, no permission
need be obtained if such dog defecates or commits any other nuisance
on or within the public right-of-way or public easement existing on
such private property.
C.
The owners of licensed Seeing Eye dogs are exempt
from the provisions of this section.
D.
Officials of the Department of Public Works are granted
the power to enforce this section by issuance of appropriate summons
and complaint to be heard in the Leonia Municipal Court.
