[Adopted 5-19-1997 by Ord. No. 97-12]
As used in this article, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
The city's certified Animal Control Officer or, in the absence of such an officer, the Chief of Police or his designee.
DOG
Any dog or dog hybrid.
DOMESTIC ANIMAL
Any cat, dog or livestock, other than poultry.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to § 74-28.
VICIOUS DOG
Any dog or dog hybrid declared vicious by a municipal court pursuant to N.J.S.A. 4:19-22.
[Amended 2-2-2009 by Ord. No. 09-02]
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:11-1b 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 of harm to persons or domestic animals;
(3) 
Engaged in dogfighting activities as described in N.J.S.A. 4:22-24 and 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.
C. 
The Animal Control Officer shall document all evidence relating to the decision to seize and impound the dog, including statements from witnesses, complainants or victims, regarding the dog, concerning specific incidents, in detail, and including the date or dates and the names, addresses and telephone numbers of such witnesses, complainants or victims; police reports; observations of the Animal Control Officer; and other relevant information.
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 § 74-24 and that a hearing is required. The Animal Control Officer shall, through a reasonable attempt, determine the identity of the owner of any dog seized and impounded pursuant to § 74-24. 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 § 74-24, 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, relinquishing 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.
C. 
In the event that the owner requests a hearing, the Animal Control Officer shall promptly notify the Municipal Court Administrator and the Municipal Court Prosecutor. The Animal Control Officer shall be responsible to provide the Municipal Court Prosecutor with all evidence relating to the dog in question, including the names, addresses and telephone numbers of witnesses who should be subpoenaed for the hearing and their probable testimony.
Notwithstanding any provision in this article or in N.J.S.A. 4:19-17 et seq. to the contrary, the city 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, in a writing, signed by both parties. Notwithstanding any provision of law to the contrary, neither the city nor any of its officers, employees or agents shall have any liability by virtue of having entered into any settlement agreement pursuant to this section, for any action or inaction related to the entry into such agreement, for any injuries or damages caused thereafter by the dog. The city may, as a condition of the settlement agreement, also require that the owner of the dog hold the city and its officers, employees and agents harmless for any legal expenses or fees incurred in defending against any such cause of action brought against the city, notwithstanding the prohibition against such causes of action set forth in N.J.S.A. 4:19-21.1. For the purposes of settlement agreements made under this section, the Animal Control Officer is authorized to negotiate and execute such agreements on behalf of the city, provided that prior thereto the same is approved by the Chairperson of the City Council Committee which oversees the Animal Control Officer, and the proposed settlement agreement is reviewed and approved by the City Attorney.
[1]
Editor’s Note: Former § 74-27, Finding to declare dog vicious; destruction, and § 74-28, Finding to declare dog potentially dangerous, were repealed 2-2-2009 by Ord. No. 09-02. See now N.J.S.A. 4:19-22 and N.J.S.A. 4:19-23.
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. The owner shall:
(1) 
Apply, at his own expense, to the City Treasurer or other city 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 § 74-35 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) 
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) 
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 which is 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 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. 
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 city 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 may appeal any final decision, order or judgment, including any conditions attached thereto, of the Municipal Court, pursuant to this article, 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 city 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 municipal pound, 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, the Animal Control Officer shall cause its head to be transported to the New Jersey 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 this article 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 Animal Control Officer, the City Police Department and the City Treasurer if a potentially dangerous dog is at large or has attacked a human being or killed a domestic animal.
C. 
Notify the Animal Control Officer, the City Police Department and the City Treasurer 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 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 § 74-1, pay a potentially dangerous dog license fee to the city as provided by § 74-36.
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 this article 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.
A. 
The City Treasurer shall 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 will be the three-number code assigned to the city in the regulations promulgated pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify, in writing, compliance to the City Treasurer or other official designated to license dogs in the city.
B. 
The Animal Control Officer shall publicize a telephone number for reporting violations of this article. The telephone number and any changes in this number shall be reported immediately to the New Jersey Department of Health.
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 City Treasurer and for such license shall pay the sum of $700, as a license fee for each and every potentially dangerous dog.
The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with Subsection A(2) and (3) of § 74-29 of this article.
All fines and fees collected or received by the city pursuant to § 74-35 or 74-36 of this article shall be deposited in a special account and used by the city to administer and enforce the provisions of this article.
This provisions of this article shall not apply to dogs used for law enforcement activities.