[Adopted 5-28-1974 (Sec. 7-3 of the 1974 Code); amended in its entirety at
time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
An Animal Control Officer shall seize and impound
a dog when the officer has reasonable cause to believe that the dog:
A.
Attacked a person and caused a death or serious bodily
injury, as defined in N.J.S.A. 2C:11-1b, to that person;
B.
Caused bodily injury, as defined in N.J.S.A. 2C:11-1a,
to a person during an unprovoked attack and causes a serious threat
of harm to persons or domestic animals;
C.
Engaged in dog-fighting activities, as described by
the applicable New Jersey statutes; or
D.
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
The dog shall be impounded until the final disposition
as to whether the dog is vicious or potentially dangerous. The dog
shall be impounded in a facility or other structure agreeable to the
owner. The Animal Control Officer shall follow the procedure set forth
in N.J.S.A. 4:19-20 and as time to time amended.
A.
The Municipal Court Judge of the Borough of Bradley
Beach shall determine whether or not a dog shall be declared vicious
if he or she finds, by a preponderance of the evidence, that the dog:
(1)
Killed a person or caused serious bodily injury, as
defined in N.J.S.A. 2C:11-1b, to a person; or
(2)
Has engaged in dog-fighting activities, as described
in the applicable New Jersey statute.
(a)
A dog may not be declared vicious for inflicting
death or serious bodily injury, as defined in N.J.S.A. 2C:11-1b, upon
a person if that person was committed or attempting to commit a crime
or if that person was tormenting or inflicting pain upon the dog in
such an extreme manner than an attack of such nature could be considered
provoked. If the Municipal Court Judge declares a dog to be vicious
and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25,
the dog shall be destroyed in a humane and expeditious manner, except
that no dog may be destroyed during the pendency of an appeal.
(b)
The Municipal Court Judge may declare a dog
to be potentially dangerous if he finds that dog:
[1]
Caused bodily injury, as defined in N.J.S.A.
2C:11-1a, to a person during an unprovoked attack and posses a serious
threat of bodily injury or death to a person; or
[3]
Has been trained, tormented, badgered, baited
or encouraged to engage in unprovoked attacks upon persons or domestic
animals.
B.
A dog shall not be declared potentially dangerous
for:
(1)
Causing bodily injury, as defined in N.J.S.A. 2C:11-1a,
to a person if that person was committing or attempting to commit
a crime or if that person was tormenting or inflicting pain upon the
dog in such an extreme manner that an attack of such nature could
be considered provoked; or
(2)
Killing a domestic animal if the domestic animal was
the aggressor.
