[Adopted 10-5-2000 by Ord. No. 502 (Ch. 48, Art. V, of the
1977 Township Code)]
A.
An animal control officer or agency shall be appointed by the governing
body. Such person or agency so designated and appointed as Animal
Control Officer shall be entitled to be paid as compensation for services
in an amount established by the Township Committee of the Township
of Upper Deerfield.
B.
Seizure; impounding. The Animal Control Officer of the municipality
shall take into custody and impound or cause to be taken into custody
and impounded, and thereafter destroyed or offered for adoption, the
following:
(1)
Any dog, cat, cattle, goat, swine, fowl and/or other like animal
or livestock running at large within the limits of the municipality.
(2)
Any dog not licensed or tagged as provided.
(3)
Any dog, cat or other animal off the premises of the owner or of
the person keeping or harboring such dog, cat or other animal which
is believed to be a stray animal.
(4)
Any dog, cat or other animal with a dangerous or vicious propensity
or noticeably infected with rabies or bitten by a dog, cat or other
animal suspected of having rabies.
(5)
Any female dog or cat in season not confined in such a way so as
not to be accessible to males or any female dog or cat in season off
the premises of the owner or of the person keeping or harboring such
dog or cat.
(6)
Any dog, cat or other animal creating a nuisance while off the premises
of the owner.
(7)
Any dog, cat or other animal with a dangerous or vicious propensity
that is unmuzzled, uncontrolled by proper restraint or running at
large, provided that the dog, cat or other animal may be seized by
the Animal Control Officer, and provided further that, if said dog,
cat or other animal cannot be seized with safety, it may be destroyed.
C.
If any dog, cat or other animal so impounded or seized wears a collar
or harness, having described thereon or attached thereto the name
and address of any person or registration tag or the owner, or the
person keeping or harboring said animal is known, the Animal Control
Officer shall serve on the person whose address is given on the collar
or the owner of the person keeping or harboring said animal, if known,
a notice, in writing, that the animal has been seized and will be
liable to be offered for adoption or destroyed if not claimed within
seven days after service of the notice.
D.
A notice under this section may be served by delivering it to the
person upon whom it is to be served or by leaving it at the person's
usual or last known place of residence or at the address given on
the collar or by forwarding it by mail in a prepaid letter addressed
to that person at his or her usual or last known residence or to the
address given on the collar.
E.
The Animal Control Officer may cause an animal to be destroyed or
offered for adoption seven days after seizure, provided that:
(1)
Notice is given as set forth above and the animal remains unclaimed.
(2)
The owner or person keeping or harboring the animal has not claimed
the animal and paid all expenses incurred by reason of its detention,
including maintenance or veterinary cost.
(3)
The owner or person keeping or harboring an animal which was unlicensed
at the time of seizure does not produce a license and registration
tag for the animal.
F.
At the time of adoption, the right of ownership in the animal shall
transfer to the new owner. No dog or other animal so caught and detained
shall be sold or otherwise made available for the purpose of experimentation.
The Animal Control Officer engaged in the performance of his
duty is hereby authorized to enter upon any premises to seize and
impound any dog, cat or other animal which he may lawfully seize or
impound when such officer is in immediate pursuit of said animal,
except upon the premises of the owner of the animal if said owner
is present and forbids the same.
No person shall distract, give false information, hinder, molest
or interfere with anyone authorized or empowered to perform any duty
under this chapter.
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 to that
person.
(2)
Caused bodily injury to a person during an unprovoked attack or poses
a serious threat of harm to persons or animals.
(3)
Engaged in dogfighting activities.
(4)
Has been trained, tormented, badgered, baited, or encouraged to engage
in unprovoked attacks upon persons or 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 Animal Control Officer, the dog may be impounded in a facility
or other structure agreeable to the owner.
C.
A hearing will be held in the Municipal Court of the Township of
Upper Deerfield, and during the hearing the owner shall have the opportunity
to present evidence to demonstrate that the dog is not vicious or
potentially dangerous.
E.
A dog may not be declared vicious or potentially dangerous for inflicting
death or serious bodily injury if injuries were inflicted upon a person:
F.
If the court declares a dog to be vicious, and no appeal is made
to the Superior Court, the dog shall be destroyed in a humane and
expeditious manner, except that no dog may be destroyed during the
pendency of any appeal.
G.
The court shall declare a dog to be potentially dangerous, if it
finds that the dog:
(1)
Caused bodily injury to a person during an unprovoked attack, and
poses a serious threat of bodily injury or death to a person.
(2)
Killed another domestic animal and poses a threat of death to a person
or another domestic animal.
(3)
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
H.
If the court declares a dog to be potentially dangerous, the owner
must:
(1)
Apply for a special Township license for a potentially dangerous
dog together with registration number and red identification tag.
The annual fee for such a license shall be $150.
[Amended5-5-2011 by Ord.
No. 669]
(2)
Have the registration number tattooed upon the dog in a prominent
location.
(3)
Display, in a conspicuous manner, a sign on his premises warning
that a potentially dangerous dog is on the premises.
(4)
Immediately erect and maintain an enclosure for the potentially dangerous
dog on the property where the dog will be kept and maintained, which
enclosure shall be secure on the sides, top and bottom to prevent
the 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.
(5)
Securely lock the enclosure to prevent entry of the public and prevent
release or escape.
I.
The Animal Control Officer shall inspect the enclosure at such times
and with such frequency as the Animal Control Officer shall deem appropriate.
J.
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, N.J.S.A.
4:19-17 et seq., 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 be destroyed in an expeditious and humane manner.
[Added5-5-2011 by Ord.
No. 669]
