[Adopted 11-12-1998 by Ord. No. 23-98 (Ch.
59, Art. I, of the 1981 Code); amended in its entirety 12-10-2009 by Ord. No.
2009-35]
The purpose of this article shall be to preserve
the public peace and good order in the Township of Marlboro and to
maintain the public health, safety and general welfare by enforcing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of the owners of dogs
and the rights and privileges of the citizens of the Township of Marlboro.
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 Township
or his designee.
As applied to an animal, shall mean that such animal is securely
confined or restrained and kept on the owner's premises, either within
a building, kennel or wire or other suitable enclosure or securely
fastened on a chain, wire or other effective tether of such length
and so arranged that the animal cannot reach or endanger any person
or any adjacent premises or on any public street, way or place or,
if the animal is being transported by the owner, that it is securely
confined in a crate or other container or is so restrained in a vehicle
that it cannot escape therefrom.
Designates and applies to any animal (excluding dogs) which,
without just cause, bites, attacks, chases or snaps at or otherwise
threatens to attack any person or attacks and wounds a dog or other
domestic animal or which displays any other fierce, vicious or dangerous
propensities.
Any dog or dog hybrid.
Cat, dog or livestock other than poultry.
Any person exercising control over a dog or
permitting a dog to remain under his premises under control.
When applied to the proprietorship of a dog
or cat, shall include every person having a right of property in such
dog or cat and every person who has such dog or cat in his care, custody
or control.
Any dog or dog hybrid found to be potentially dangerous as
defined by N.J.S.A. 4:19-23; in addition, any dog which, when unprovoked,
chases or approaches a person upon the streets, sidewalks or any public
or private property in a menacing fashion or apparent attitude of
attack; any dog with a known propensity, tendency or disposition to
attack unprovoked, to cause injury or to otherwise threaten the safety
of human beings or domestic animals.
Any dog or dog hybrid-type which has been declared vicious
by a municipal court pursuant to N.J.S.A. 4:19-22.
A.
An animal control officer shall seize and impound
a dog when the officer has reasonable cause to believe that the dog
has:
(1)
Attacked a person and caused death or serious bodily
injury as defined in N.J.S.A. 2C:11-1b;
(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 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 provisions of this section may be enforced by
the Animal Control Officer or any person authorized by the Township
to enforce the provisions of this chapter or, in emergency situations,
by any member of the Police Department unless otherwise provided by
N.J.S.A. 4:19-19 et seq. Such dog shall be impounded for a period
of 20 days and, unless claimed during that period by its rightful
owner, shall be offered for adoption or destroyed in a manner causing
as little pain as possible, in accordance with the laws of the State
of New Jersey. For any dog so impounded which shall be claimed by
its rightful owner within the twenty-day period, such owner shall
pay all expenses incurred by the impoundment of said dog. The dog
shall be impounded until the disposition of all court proceedings,
including proceedings as to whether the dog is vicious or potentially
dangerous. Subject to the approval of the Township, the dog may be
impounded in a facility or other structure agreeable to the owner.
C.
The owner or custodian of any dog or other animal
impounded within the provisions of this chapter shall be subject to
the following provisions:
[Amended 7-14-2011 by Ord. No. 2011-16]
(1)
A redemption fee of $25 shall be paid to redeem a
dog or other animal so impounded, plus a fee of $10 per day after
the second day of impoundment.
(2)
All costs incurred by the Township, including, but
not limited to, the costs for the impoundment, boarding or veterinary
care of any dog or other animal shall be paid by the owner or custodian.
(3)
No dog shall be returned to the owner or claimant
of said dog unless the dog shall have a current license and shall
have complied with the rabies inoculations requirements as hereinafter
provided and has paid the proper fees required.
(4)
Notwithstanding
the foregoing, at the discretion of the Animal Control Officer, an
unlicensed dog or other animal may be released to the owner or custodian
upon the condition that a license is obtained for the dog or other
animal within 10 calendar days of the release.
D.
Any cat found running at large in the Township of
Marlboro shall be apprehended and impounded by the Animal Control
Officer or enforcing agent of the Township upon complaint of any citizen.
A.
No person owning, keeping, maintaining or harboring
any dog which has been known to be vicious by having previously attacked
or bitten any person or persons shall permit such dog to be upon a
public street or highway, or upon any premises other than those of
the person owning such dog or those of the person who has given permission
to said owner to keep or harbor such dog on such premises, unless
such dog wears a muzzle securely fastened over his jaws in such manner
that he cannot bite.
B.
Any dog which has attacked or bitten any human being
or has caused any person to be fearful for his own safety by chasing,
worrying or otherwise or which has habitually attacked other dogs
or domestic animals is hereby defined to be a "vicious dog" for the
purposes of this chapter.
A.
Compliance with N.J.S.A. 4:19-17 et seq. Any dog which
is found to be vicious, dangerous or potentially dangerous, as defined
by N.J.S.A. 4:19-22 and 4:19-23, respectively, shall be subject to
the provisions of this article, in addition to any and all other provisions
set forth in an act concerning certain dogs, N.J.S.A. 4:19-17 et seq.
B.
Reporting animal bites.
(1)
It shall be the duty of any adult person having knowledge
of an animal bite to report the bite immediately to the Division of
Administration or to the Police Department.
(2)
Where possible, the animal should be apprehended and
confined for a reasonable period of time and examined to determine
whether it may have rabies so that the victim of the bite may be treated
accordingly.
(3)
The results of the examination are to be used as a
guide for complying with this section of this article.
C.
The Animal Control Officer shall notify the Municipal Court and the Police Department immediately that he has seized and impounded a dog pursuant to either N.J.S.A. 4:19-19 et seq. or the provisions of § 94-6 in accordance with the notice provisions of N.J.S.A. 4:19-20.
D.
Additional requirements. In addition to all requirements
of state law, a record of each dog characterized as potentially dangerous,
including the name and address of the owner and the breed and age
of the dog, shall be kept with the Township Clerk and the Animal Control
Officer. Owners of potentially dangerous dogs must comply with all
provisions of the state law and of this section.
If the Municipal Court declares a dog to be
potentially dangerous, it shall issue an order and schedule for compliance
which, in part, shall require the owner to comply with the following
conditions:
A.
Comply with the requirements of N.J.S.A. 4:19-28.
B.
Apply for a potentially dangerous dog license in accordance
with N.J.S.A. 4:19-30. License fees shall be $500 per dog.
C.
Revocation of license if the applicant, owner or other
person responsible for any dangerous or potentially dangerous dog
kept within the Township violates any provision of this article or
any other applicable code, statute or regulation, and any license
issued hereunder shall be automatically revoked and the license fee
shall be retained by the Township. The Township Council reserves the
right to refuse to issue or reissue a license to any person who has
violated any provision of this article or any other applicable code,
statute or regulation. In addition to the provisions and requirements
for compliance set forth in N.J.S.A. 4:19-24, the owner or keeper
shall notify the Township within 24 hours if the dangerous or potentially
dangerous dog is loose or unconfined, has attacked another animal,
has attacked a human being or has died or has been sold or given away.
If the dog has been sold or given away, the owner shall provide the
Township with the name, address and telephone number of the new owner
and 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 secured, confined indoors or on a securely enclosed and
locked pen or structure suitable to prevent the injury of young children
and designed to prevent the animal from escaping. Such a pen must,
at a minimum, comply with the standards of N.J.S.A. 4:19-24a(3) and
shall also have minimum dimensions of five feet by seven feet and
must have secured sides and a secured top. If it has no bottom secured
to the sides, the sides must be embedded into the ground, not 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 which 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.
The owner or keeper of a potentially dangerous
dog shall present to the Township proof that the owner or keeper has
procured liability insurance in the amount of at least $50,000 covering
a twelve-month period during which licensing is sought. The Township
shall be named as an additional insured for the sole purpose of notifying
the Township if said insurance is canceled, terminated or expired.
A.
Any person who shall violate any provision of this article shall be subject to a minimum fine of no less than $50 for each and every violation and a maximum fine as provided in § 4-3 of the Code, including but not limited to N.J.S.A. 4:19-29, or imprisonment for a term not exceeding the maximum allowable by law, or both.
B.
Any animal impounded within the provisions of this
article shall be disposed of at the discretion of the person or persons
authorized to handle the control of animals by the Township.
