Township of Quinton, NJ Dogs

Any dog off the premises of the owner or of the person keeping or harboring said dog, which said official or his agent or agents have reason to believe is a stray dog.

Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on its collar.

POTENTIALLY DANGEROUS DOG

Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.

(4)

Any dog or other animal which is suspected to be rabid.

(5)

Any dog or other animal off the premises of the owner reported to or observed by a certified Animal Control Officer to be ill, injured or creating a threat to public health, safety or welfare or otherwise interfering with the enjoyment of property.

If any animal so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag or if the owner or the person keeping or harboring said animal is known, the certified Animal Control Officer shall forthwith serve on the person whose address is given on the collar or on the owner or the person keeping or harboring said animal, if known, a notice, in writing, stating that the animal has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after the service of the notice.

[Amended 7-3-1991 by Ord. No. 1991-8]

A notice under this section may be served either by delivering it to the person upon whom it is to be served 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 post in a prepaid letter addressed to that person at his usual or last known place of abode or to the address given on the collar.

When any dog so seized has been detained for seven days after notice, when notice can be given as above set forth, or has been detained for seven days after seizure, when notice has not been and cannot be given as above set forth, and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention, including maintenance not exceeding $4 per day, and if the dog is unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration for said dog, the certified Animal Control Officer may cause the dog to be destroyed in a manner causing as little pain as possible.

[Amended 7-3-1991 by Ord. No. 1991-8]

§ 102-17 Entry upon premises when in pursuit of dog.

Any officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any dog or dogs, which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if said owner is present and forbids the same.

§ 102-18 Obstruction.

No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.

§ 102-19 Barking and howling dogs.

No person who owns, keeps, harbors or possesses any dog or dogs shall suffer or permit such dog or dogs to annoy neighbors and other persons living within his immediate vicinity by continued barking and howling, and whenever complaint shall be made, in writing, under oath, by two or more persons living within hearing distance of such dog, setting forth that such barking or howling is continued for unreasonable periods for three or more consecutive days or nights, to the annoyance and discomfort of the complainants and their neighbors and families, so that if can be established that such barking and howling is a nuisance to the immediate neighborhood, then and in such case said owner shall cause said barking and howling to cease and terminate immediately, and, if such barking and howling shall again occur regardless of its duration, the provisions of this chapter shall be deemed to have been violated, and the owner shall pay such penalty as may be imposed therefor.

§ 102-20 Running at large prohibited.

No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public place or public building within the Township of Quinton, County of Salem.

§ 102-21 Property damage.

No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property.

Article II Vicious Dogs

[Added 6-17-2003 by Ord. No. 2003-5[1]]

[1]

Editor's Note: This ordinance also provided for the repeal of former § 102-22, vicious dogs, as amended, and 102-23, Violations and penalties, as amended.

§ 102-22 Definitions.

As used in this article, § 102-22 et seq., the following terms shall have the meanings indicated:

ANIMAL CONTROL OFFICER

Certified Municipal Animal Control Officer as defined in N.J.S.A. 4:19-15.1.

DEPARTMENT

The Department of Health.

DOG

Any dog or dog hybrid.

DOMESTIC ANIMAL

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.

VICIOUS DOG

Any dog or dog hybrid declared vicious by a municipal court pursuant to N.J.S.A. 4:19-22.

§ 102-23 Seizure and impoundment of dog by Animal Control Officer; grounds.

The Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:

Attacked a person and caused death, or serious bodily injury, as defined in N.J.S.A. 2C:11-1(b), to that person;

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;

§ 102-24 Notice of seizure and impoundment; determination of identity of owners; notice of hearing; return of statement by owner; destruction of dog.

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.

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

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.

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.

§ 102-25 Agreement between municipality and dog owner; settlement and disposition; liability of municipality; legal expenses.

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.

§ 102-26 Finding to declare dog vicious; grounds.

The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:

Killed a person or caused serious bodily injury, as defined in N.J.S.A. 20:11-1(b), to a person; or

Has engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.

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.

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.

§ 102-27 Finding to declare dog potentially dangerous.

The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:

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 bodily injury or death to a person;

Killed another domestic animal and

(a)

Poses a threat of serious bodily injury or death to a person; or

(b)

Poses a threat of death to another domestic animal; or

Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

A. dog shall not be declared potentially dangerous for:

Causing bodily injury as defined in N.J.S.A. 2C:11-1(a), to a person if the dog was provoked; or

Killing a domestic animal if the domestic animal was the aggressor. For the purposes of Subsection B(1) of this section, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

§ 102-28 Order and schedule for compliance for potentially dangerous dog; conditions.

If the municipal court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:

Shall require the owner to comply with the following conditions:

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 § 102-34 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,

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.