[Adopted 5-6-1992 by Ord.
No. 1-92 (Ch. 113, Art. II, of the 1974 Code)]
There are hereby established, pursuant to N.J.S.A. 26:1-1 et seq., vicious
dog bite regulations in the Township of Lacey.
As used in this article, the following terms shall have the meanings
indicated:
A dog off the premises of the owner and not securely fastened to
a tether, leash, cord or chain or the like, not to exceed eight feet in length,
held by its owner or other person capable of controlling said dog.
Includes all canines, irrespective of age, sex or breed.
Constant, steady or frequent.
To either care for, shelter, house, feed or medicate a dog or other
animal. A person who allows a dog or other animal to use, go on or stay on
property over which he has control or lives on, or a person who encourages
a dog or other animal to use, go on or stay on any other property, shall be
presumed to "harbor" said dog or other animal.
When applied to the proprietorship of a dog or other animal, includes
every person having a right to property in such dog or other animal and every
person who harbors or has such dog or other animal in his keeping or control.
Includes a person, partnership, corporation or other legal entity.
A break, wound or abrasion which breaks the skin.
No person shall own any dog or other animal which habitually barks, howls, cries or makes other noise over a prolonged period of time, whether during the day or night. Nothing in this section shall prohibit the normal and occasional barks, cries, howls or other noises associated with any one such animal. In imposing a sentence for a conviction under this section, the Judge may take into consideration the constantness, steadiness and frequency of the complained of acts, the period of time over which such acts occurred, attempts by the owner to stop such acts, the causes for such acts, the degrees that such acts interrupted or interfered with any neighbor's enjoyment and use of his premises and the owner's prior convictions under this section. There shall be no violation of this section when the complained of acts were committed by any animal other than a dog or dogs and such acts occurred upon property in use for farming or agricultural activities, including raising livestock, poultry or small animals and such use is legally permitted on said property. Nothing in this section shall be construed to prohibit or interfere with the right of persons to use their property for farming or other agricultural uses, when such uses are lawful pursuant to Chapter 335, Zoning, of the Code of the Township of Lacey.
The Board of Health or any officer or inspector thereof or member of
the Township Police Department may serve notice upon the owner or person in
charge of a dog or any other animal which has or is suspected of having attacked,
scratched or bitten any person to confine the animal, at the expense of the
owner or person in charge, on the premises of the owner or person in charge
or at some other place designated in the notice, for at least 15 days after
such person was served with such notice. Within 10 days after the service
of such notice, or upon such date designated by the Board of Health or its
agent, said dog or animal must be examined by a duly licensed veterinarian
to ascertain whether said dog or animal is free from rabies. Within 13 days
after the service of such notice, the Board of Health must receive a report
of the results of said examination. No dog or animal shall be released from
said confinement until a certificate signed by a licensed veterinarian has
been filed with the Board of Health attesting to the fact that the animal
appears to be healthy and free from rabies and the Board of Health or its
agent has issued a certificate of release. It shall be the duty of the owner
and person in charge of any dog or other animal so confined to immediately
notify the Board of Health, any officer or inspector thereof or the Township
Police that such confined animal has died and to retain such dead animal until
the Board of Health or its agent has examined the dead animal and authorized
its disposal.
The Township Board of Health or any officer or inspector thereof shall
be permitted by the owner or person in charge of a dog or other animal which
has or is suspected of having attacked, scratched or bitten a person, to examine
the dog or other animal at any time, and daily if desired, within a period
of 30 days after said attack, scratch or bite occurred to determine whether
the animal shows symptoms of rabies, and no person shall refuse, obstruct
or interfere with the making of said examination.
If the owner or person in charge of a dog or other animal knows or should
know from the attendant circumstances or is notified by anyone that said dog
or animal has or is suspected of having attacked, scratched or bitten any
person, said owner or person in charge shall not give away, sell, set loose
or in any way dispose of or conceal said dog or animal for 15 days, whether
alive or dead, unless the Board of Health or any officer or inspector thereof
gives permission to do so.
No person shall violate any of the provisions of § 347-7 of this article by giving away, selling, setting loose or in any way disposing of or concealing any such dog or animal, whether alive or dead, when confined pursuant to notice.
Every person who is attacked, scratched or bitten by a dog or other
animal or the parent or guardian of any minor who is attacked, scratched or
bitten by a dog or other animal, or the owner or person in charge of any dog
or other animal which has or is suspected of having attacked, scratched or
bitten any person, or any person having knowledge, including the treating
physician and veterinarian, that a dog or other animal has attacked, scratched
or bitten any person shall report said incident and the facts pertaining to
said attack, scratch or bite and give his name and address to the Board of
Health, any officer or inspector thereof or the Township Police. Said report
shall be made within 12 hours of said incident.
No person owning or in charge of any dog or other animal which has been
known to be vicious by having previously attacked, scratched or bitten any
person or persons shall permit such dog or animal to be upon a public street
or highway or upon any premises other than those of the person owning such
dog or animal or those of the person who has given permission to said owner
to keep or harbor such dog or animal on his premises unless such dog or other
animal wears a muzzle securely fastened over his jaws in such manner that
he cannot bite.
The person or persons owning or having charge over any dog or other
animal which attacks, scratches or bites any person shall be in violation
of this article. Such person shall be in violation even if said attack, scratch
or bite occurred on his private property or on private property over which
he has control, unless the victim of said attack, scratch or bite was illegally
upon such private property. However, if said attack, scratch or bite occurred
on such private property, no person shall be in violation of this section
so long as at the time of the alleged offense there was a sign or notice conspicuously
posted adjacent to all roadways bounding on such private property and adjacent
to the usual entryway thereto, and the sign or notice, in a readable manner,
states no trespassing and generally warns to beware of dog or other animal
on such property. This section shall not apply if the victim of the attack,
scratch or bite is the person who owns or is in charge of such dog or other
animal or is a member of such person's family and resides with him.
In addition to the other provisions of this article, any dog or other
animal which has, on more than one occasion within a two-year period, attacked,
scratched or bitten any person or has caused any reasonable person to be fearful
for his own safety by chasing, worrying, snapping or otherwise or which has
habitually attacked other dogs or domestic animals is hereby defined to be
a public nuisance. Upon the filing of a complaint in the Municipal Court reciting
such facts, the Judge shall determine whether the dog or other animal shall
be declared a public nuisance within the meaning of this article. When the
acts complained of did not occur on the private property owned or under the
control of the person owning or in charge of said dog or other animal, the
Judge shall order that the dog or other animal be prohibited from being upon
any street, road or public place in the township unless securely muzzled and
under leash. When the acts complained of occurred on such private property,
the Judge shall order the owner of such private property or person having
control thereover to conspicuously post a sign or notice adjacent to all roadways
bounding on such private property and adjacent to the usual entryway thereto
which, in a readable manner, states no trespassing and generally warns to
beware of dog or other animal on such property. The Judge may make such other
order with respect to the disposition or destruction of any dog or other animal
declared to be a public nuisance as he shall deem consistent with the provisions
of this article and in the best interest of the health and welfare of the
residents of the Township of Lacey. The provisions of this section shall not
apply if the victim of any act complained of is the person who owns or is
in charge of such dog or other animal or is a member of such person's family
and resides with him.
Any dog or any other animal which is or appears to be suffering from
rabies or is immediately dangerous to the public or has been so badly injured
that it cannot be helped by a licensed veterinarian or moved may be forthwith
destroyed in a humane manner by any officer or inspector of the Board of Health
or any member of the Township Police Department. Any such dog or other animal
may be destroyed by shooting with a shotgun or handgun.
Any member of the Board of Health, any officer or inspector thereof
and any member of the Township Police Department is authorized to go upon
any premises to seize for impounding any dog or other animal which he may
lawfully seize and impound when he is in immediate pursuit of such dog or
other animal, except upon the premises of the owner of the dog or other animal
if said owner is present and forbids the same.
No person shall hinder, molest or interfere with anyone authorized or
empowered to perform any duties under this article.
No person shall strike or hit with any object or by persistent actions
tease, torment or harass any dog or other animal which is confined by fence,
chain, leash or other means upon the private property of the owner or person
in charge of such dog or other animal. This section shall not apply if the
offender is the owner or person in charge of such dog or other animal or if
he is a member of such person's family and resides with him or is an invite
on the premises of such person. Nothing in this section shall prevent a person
from protecting himself or others from any dog or other animal.
For each violation of any section, subsection or provision of this article,
such violator shall, upon conviction thereof, be subject to a penalty of not
less than $100 nor more than $1,000 and/or be subject to imprisonment for
up to 90 days. Each day that a particular violation of any section, subsection
or provision of this article continues shall constitute a separate offense.
