[1]
Editor's Note: This article is a restatement of provisions
of N.J.S.A. 4:19-19 through 4:19-35.
A.
An 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:11-1(b) to that person;
(2)
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;
(3)
Engaged in dog fighting activity 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 dog shall be impounded until the final disposition as to whether
the dog is vicious or potentially dangerous. Subject to the approval
of the Township Health Officer, the dog may be impounded in a facility
or other structure agreeable to the owner.
A.
The Animal Control Officer shall notify the Township Clerk and the
Township Health Officer immediately that he has seized and impounded
a dog, 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.
The Animal Control Officer shall, within three working days of the
determination of the identity of the owner of a dog seized and impounded,
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.
Notwithstanding any provision in N.J.S.A. 4:19-17 et seq. to
the contrary, the Township 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. 4:19-17 et seq. to the contrary, no Township
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 Township
may, as a condition of the settlement agreement, also require that
the owner of the dog hold the Township harmless for any legal expenses
or fees the municipality may incur in defending against any cause
of action brought against the Township notwithstanding the prohibition
against such causes of action set forth in this section.
[Amended 9-16-2019 by Ord. No. 19-18]
B.
A dog shall not be declared vicious for inflicting death or serious
bodily injury upon a person if the dog was provoked. The municipality
shall bear the burden of proof to demonstrate that the dog was not
provoked.
C.
If the Municipal Court declares a dog to be vicious, and no appeal
is made of this ruling pursuant to Section 9 of P.L. 1989, c. 307
(N.J.S.A. 4:19-25), the court may order:
(1)
The dog's owner to comply with certain restrictions to protect the
public that are at least as stringent as the requirements for potentially
dangerous dogs pursuant to Section 8 of P.L. 1989, c. 307 (N.J.S.A.
4:19-24) and Section 12 of P.L. 1989, c. 307 (N.J.S.A. 4:19-28); or
(2)
The dog to be euthanized in a humane and expeditious manner, except
that no dog may be euthanized during the pendency of an appeal.
D.
As used in this section, "serious bodily injury" means serious bodily
injury as defined in Subsection b of N.J.S.A. 2C:11-1.
[Amended 9-16-2019 by Ord. No. 19-18]
A.
B.
A dog shall not be declared potentially dangerous for:
(1)
Causing bodily injury to a person if the dog was provoked;
(2)
Causing serious bodily injury to or killing a domestic animal if
the domestic animal was the aggressor;
(3)
Causing bodily injury to a person who was committing or attempting
to commit a crime or offense upon the owner or person with custody
or control of the dog or committing or attempting to commit a trespass
or other criminal offense on the property of the owner or person with
custody or control of the dog;
(4)
Causing bodily injury to a person or a domestic animal who was abusing,
assaulting, or physically threatening the dog or the dog's offspring;
or
(5)
Causing bodily injury to a person who was intervening between two
or more dogs engaged in aggressive behavior or fighting;
C.
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.
D.
As used in this section, "bodily injury" means bodily injury as defined
in Subsection a of N.J.S.A. 2C:11-1; and "serious bodily injury" means
serious bodily injury as defined in Subsection b of N.J.S.A. 2C:11-1.
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:
(1)
To apply, at his own expense, to the Township Health Department or
other official designated to license dogs pursuant to Section 2 of
P.L. 1941, c. 151 (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 Section 14 of this Act. 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)
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;
(3)
To 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 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 municipality in which the owner resides 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 in the Township
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.
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 Township in which the dog is impounded for the costs
and expenses of impounding and destroying the dog. The Township may
establish by ordinance a schedule of these costs and expenses. The
owner shall incur the expense of impounding the dog in a facility
other than the Township 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, its head shall be transported to the New
Jersey State Department of Health and Senior Services 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 who is found by clear
and convincing evidence to have violated this Act, 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 P.L.
1989, c. 307 (N.J.S.A. 4:19-17 et seq.), 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.
The Township shall:
A.
Issue potentially dangerous dog registration number and red identification
tag along with a Township 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 issued
by the Township will be the three number code assigned to the Township
in the regulations promulgated pursuant to Section 17 of P.L. 1989,
c. 307 (N.J.S.A. 4:19-33). The Animal Control Officer shall verify,
in writing, compliance to the Township Clerk or other official designated
to license dogs in the Township;
B.
Publicize a telephone number for reporting violations of this Act.
This telephone number shall be forwarded to the Department and any
changes in this number shall be reported immediately to the Department.
The fee for a potentially dangerous dog license and each annual
renewal thereof shall be $500.
The Animal Control Officer or Health Officer shall inspect the
enclosure and the owner's property at least monthly to determine continuing
compliance with paragraphs (2) and (3) of Subsection a. of Section
8 of this Act.
Any action undertaken pursuant to the provisions of this Act
shall be deemed to be an exercise of a government function and 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 collected or received by the Township pursuant
to Sections 13 and 15 of this Act shall be deposited in a special
account and used by the Township to administer and enforce the provisions
of this Act. (N.J.S.A. 4:19-19 et seq.)
