[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]
§ 94-13 Compliance required; reporting of animal bites; notification of seizure and impoundment; records.
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:
- ANIMAL CONTROL OFFICER
- 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.
- DANGEROUS ANIMAL
- 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.
- DOMESTIC ANIMAL
- Cat, dog or livestock other than poultry.
- A. Any person exercising control over a dog or permitting a dog to remain under his premises under control.
- B. 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.
- POTENTIALLY DANGEROUS DOG
- 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.
- VICIOUS DOG
- Any dog or dog hybrid-type which has been declared vicious by a municipal court pursuant to N.J.S.A. 4:19-22.
An animal control officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog has:
Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1b;
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;
Engaged in dog-fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
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.
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]
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.
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.
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.
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.
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.
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.
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.
§ 94-13 Compliance required; reporting of animal bites; notification of seizure and impoundment; records.
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.
Reporting animal bites.
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.
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.
The results of the examination are to be used as a guide for complying with this section of this article.
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.
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:
Comply with the requirements of N.J.S.A. 4:19-28.
Apply for a potentially dangerous dog license in accordance with N.J.S.A. 4:19-30. License fees shall be $500 per dog.
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:
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.
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.
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.
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.