[Adopted 12-19-1990 by Ord. No. 89-1990]
This article shall be known and may be cited as the "Vicious
and Potentially Dangerous Dog Ordinance of Atlantic City."
As used in this article, the following terms shall have the
meanings indicated:
A certified municipal animal control officer or, in the absence
of such an officer, the chief law enforcement officer of the municipality
or his designee.
Physical pain, illness or any impairment of physical conditions.
Any dog or dog hybrid.
Any cat, dog or livestock other than poultry.[1]
Any dog or dog hybrid declared by the Municipal Court to
be same if it finds that the dog caused bodily injury as defined herein
and 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 killed another domestic animal; and poses a threat of serious bodily
injury or death to a person; or 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 herein and in N.J.S.A. 2C:11-1a to a person
if that person was committing or attempting to commit a crime or if
that person was tormenting or inflicting pain upon the dog in such
an extreme manner that an attack of such nature could be considered
provoked; or killing a domestic animal if the domestic animal was
the aggressor.
[Amended 4-8-1998 by Ord. No. 11-1998]
Bodily injury which creates a substantial risk of death or
which causes serious, permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ.
Any dog or dog hybrid declared to be same if the Municipal
Court finds that the dog killed a person or caused serious bodily
injury as defined herein and in N.J.S.A. 2C:11-1b to a person; or
has engaged in dog-fighting activities as defined 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 herein and in N.J.S.A. 2C:11-1b
upon a person if that person was committing or attempting to commit
a crime or inflicting pain upon the dog in such an extreme manner
that an attack of such nature could be considered provoked.
[Amended 4-8-1998 by Ord. No. 11-1998]
[1]
Editor's Note: The former definition of "panel," which immediately
followed this definition, was repealed 4-8-1998 by Ord. No. 11-1998.
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 § 121-35, to that person; caused bodily injury, as defined in § 121-35, to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals; engaged in dog-fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26; or 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 agreeable to the owner.
[Amended 4-8-1998 by Ord. No. 11-1998]
A.Â
The Animal Control Officer shall notify the Municipal Court within three working days that he has seized and impounded a dog pursuant to § 121-38, 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. If its owner cannot be identified within seven days, that dog may be humanely destroyed.
B.Â
The Municipal Court shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant hereto, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment and the grounds for a hearing pursuant to § 121-38. The 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 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.
[Amended 4-8-1998 by Ord. No. 4-1998]
B.Â
The Municipal Court shall notify the owner of the impounded dog by
certified mail, return receipt requested, and the State Department
of Health of the date and time of the hearing. The owner shall have
the opportunity to present evidence to demonstrate that the dog is
not vicious or potentially dangerous.
[Amended 4-8-1998 by Ord. No. 11-1998]
A.Â
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 § 121-35 or has engaged in dog fighting as described in N.J.S.A. 4:22-24 and 4:22-26.
[Amended 4-8-1998 by Ord. No. 11-1998]
A.Â
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 § 121-35, to a person during an unprovoked attack and poses a serious threat of bodily injury or death to a person, or killed another domestic animal and poses a threat of serious bodily injury or death to a person; or poses a threat of death to another domestic animal or has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon person or domestic animals.
B.Â
There shall be a refutable presumption that any dog registered with
the Department of Animal Control as a pit bull dog is a dangerous
dog and is, therefore, subject to the requirements of this article.
C.Â
A dog shall not be declared potentially dangerous for causing bodily injury, as defined in § 121-35, to a person if the dog was provoked or for killing a domestic animal if the domestic animal was the aggressor. The municipality shall bear the burden of demonstrating that the dog was not provoked.
[Amended 4-8-1998 by Ord. No. 11-1998]
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.Â
Shall require the owner to comply with the following conditions:
(1)Â
To apply, at his own expense, to the City Clerk for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to § 121-47 herein. 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 potentially dangerous dog license, municipal registration number and red identification tag.
(2)Â
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).
(3)Â
To immediately erect and maintain an enclosure for the potentially
dangerous dog, 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 the
potentially dangerous dog by an unknowing individual. The potentially
dangerous dog 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 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.
B.Â
May require the owner to comply with the following conditions:
(1)Â
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 naming the City of Atlantic
City 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.
[Amended 4-8-1998 by Ord. No. 11-1998]
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.
[Amended 4-8-1998 by Ord. No. 11-1998]
A.Â
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 for the costs and expenses of impounding and destroying
the dog. The owner shall incur the expense of impounding the dog in
a facility other than the City's dog pound, regardless of whether
the dog is ultimately found to be vicious or potentially dangerous.
B.Â
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.
[Amended 4-8-1998 by Ord. No. 11-1998]
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.Â
Comply with the provisions of this article and 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.
[Amended 4-8-1998 by Ord. No. 11-1998]
B.Â
Notify the City Clerk, the 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.
C.Â
Notify the City Clerk, the Police Department and the Animal Control
Officer within 24 hours of the death, sale or donation of a potentially
dangerous dog.
D.Â
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous.
E.Â
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the State Department of Health and the licensing
authority, the 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.
[Amended 4-8-1998 by Ord. No. 11-1998; 11-25-2008 by Ord. No.
104-2008]
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 $2,000
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 this
article or any rule or regulation adopted pursuant hereto or a court's
order. The Municipal Court may order that the dog so seized and impounded
by destroyed in an expeditious and humane manner.
A.Â
A potentially dangerous dog registration number and red identification
tag along with a 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, shall be issued. The
last three digits of each potentially dangerous dog registration number
shall end with 002. The Animal Control Officer shall verify, in writing,
compliance to the City Clerk.
[Amended 4-8-1998 by Ord. No. 11-1998]
B.Â
A telephone number to report violations of this article shall be
published in the Atlantic City Press and in the City Clerk's office.
This telephone number shall be forwarded to the Department of Health.
Any changes in this number shall be reported immediately to the Department
of Health.
The fee for all potentially dangerous dog licenses shall be
$500 annually and each renewal thereof.
Any action undertaken pursuant to this article shall be subject
to the provisions of the New Jersey Tort Claims Act (N.J.S.A. 59:1-1
et seq.).
All fines and fees received and collected shall be deposited
into a special account to help administer and enforce this article.
The provisions of this article shall not apply to dogs used
for law enforcement activities.
