§ 9-6. VICIOUS AND DANGEROUS DOGS.*
* Prior ordinance history: Ordinances 1015 and 1518.
9-6.1 Complaint—Investigation—Report. It shall be the duty of the Police Department and the Certified Animal Control Officer or Animal Cruelty Investigator to receive and investigate complaints against dogs. If they deem any dog complained of to be a vicious dog, they shall report their findings in writing to the Municipal Judge.
(Ord. #945-06, § 2)
( Ord. No. 285-15, 5-11-2015 )
9-6.2 Seizure and Impoundment. In addition to the provisions contained in Section 9-7.1, the Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog attacked a person and caused deadly injury or serious bodily injury as defined in Section 9-1 or caused bodily injury as defined in Section 9-1 to a person during an unprovoked attack and poses a serious threat of harm to that person and/or other persons; attacked and seriously injured or killed another domestic animal; engaged in dog-fighting activities; or 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. Subject to the approval of the Municipal Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.
(Ord. #945-06, § 2)
9-6.3 Notice of Seizure—Determination—Destruction of Dog.
a.
In addition to the provisions contained in Section 9-7.3, the Animal Control Officer or Animal Cruelty Investigator shall notify the Municipal Court within three (3) working days that he has seized and impounded a dog pursuant to Section 9-6.2, 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 or Animal Cruelty Investigator shall attempt to determine the identity of the owner of any dog seized and impounded. If the dog's owner cannot be identified within seven (7) days, that dog may be humanely destroyed.
b.
The Municipal Court shall, within three (3) working days of the determination of the identity of the owner of a dog seized and impounded pursuant to Section 9-6.2, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment of the dog and the grounds for a hearing pursuant to Section 9-6.4. The notice shall also require that the owner return within seven (7) days, by certified mail, return receipt requested, or hand delivery, a signed statement indicating whether he wishes a 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 (7) days, the dog may be humanely destroyed.
(Ord. #945-06, § 2)
( Ord. No. 285-15, 5-11-2015 )
9-6.4 Notice of Hearing—Evidence to be Presented.
a.
The Municipal Court shall conduct a hearing, within thirty (30) days of the receipt of the signed statement from the dog's owner as required by Section 9-6.3, to determine whether the dog impounded pursuant to Section 9-6.2 is vicious or potentially dangerous.
b.
The Municipal Court shall notify the owner of the impounded dog by certified mail, return receipt requested, and the State Department of Health of the date and time of the hearing. The owner shall have the opportunity to present evidence to demonstrate that the dog is not vicious or potentially dangerous by clear and convincing evidence.
(Ord. #945-06, § 2)
9-6.5 Declaration of Vicious Dog.
a.
The Municipal Court shall declare the dog vicious if it finds by clear and convincing evidence that the dog caused deadly injury to any person or caused serious bodily injury to a person or killed or seriously injured another domestic animal as defined in Section 9-1 or has engaged in dog fighting.
b.
A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in Section 9-1 upon a person if the dog was provoked. The Borough shall bear the burden of proof to demonstrate 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 9-6.8, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal. If an appeal is made contesting the declaration of a dog to be vicious and the appeal is unsuccessful, the dog shall be destroyed in a humane and expeditious manner.
(Ord. #945-06, § 2)
9-6.6 Declaration of Potentially Dangerous Dog.
a.
The Municipal Court shall declare a dog to be potentially dangerous if it finds, by clear and convincing evidence, that the dog caused bodily injury, as defined in Section 9-1, to a person during an unprovoked attack and poses a threat of bodily injury to a person; or severely injured another domestic animal and poses a threat of death or injury to another domestic animal; or has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon people or domestic animals.
b.
A dog shall not be declared potentially dangerous, as defined in Section 9-1, to a person if the dog was provoked; or for attacking or injuring another dog or domestic animal if the other animal was the aggressor. The Borough shall bear the burden of demonstrating that the dog was not provoked.
(Ord. #945-06, § 2)
9-6.7 Order and Schedule for Compliance of a Potentially Dangerous Dog. If the Municipal Court declares the dog to be potentially dangerous, it shall issue and order 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 Borough Clerk for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to Section 9-6.6 herein. A potentially dangerous dog shall be impounded until the owner obtains a 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 fifty (50′) feet of the enclosure pursuant to subsection A(3) of this section;
3.
To immediately erect and maintain an enclosure for the potentially dangerous dog, 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 (6′) feet in height separated by at least three (3′) 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 the potentially dangerous dog by an unknowing individual. The potentially dangerous dog 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 or Animal Cruelty Investigator and having 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 (3′) feet from the owner and under the direct supervision of the owner;
4.
To comply with all other licensing requirements of the Borough.
b.
May require the owner to comply with the following conditions:
1.
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 naming the Borough of Sayreville 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.
(Ord. #945-06, § 2)
( Ord. No. 285-15, 5-11-2015 )
9-6.8 Procedure for Appeal. The owner of a vicious or potentially dangerous dog, or the Certified Animal Control Officer or Animal Cruelty Investigator, may appeal the final decision, order or judgment, including any conditions attached thereto, of a municipal court 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 appeal from courts of limited jurisdiction.
(Ord. #945-06, § 2)
( Ord. No. 285-15, 5-11-2015 )
9-6.9 Liability of Owner.
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 for the costs and expenses of impounding and destroying the dog. The owner shall incur the expense of impounding the dog in a facility other than the Borough's dog pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.
b.
If the dog has bitten and possibly exposed a person to rabies within ten (10) days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.
(Ord. #945-06, § 2)
9-6.10 Hearing for Subsequent Actions of Dog. 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 any subsequent actions of the dog are vicious or potentially dangerous.
(Ord. #945-06, § 2)
9-6.11 Duty of Owner of Potentially Dangerous Dog. The owner of a potentially dangerous dog shall:
a.
Comply with the provisions of this article, in accordance with a schedule established by the Municipal Court pursuant to Section 9-6.7, but in no case more than sixty (60) days subsequent to the date of determination;
b.
Notify the Clerk, the Police Department, and the Animal Control Officer or Animal Cruelty Investigator if a potentially dangerous dog is at large or has attacked a human being or killed a domestic animal;
c.
Notify the Clerk, the Police Department and the Animal Control Officer or Animal Cruelty Investigator within twenty-four (24) hours of the death, sale or donation of a potentially dangerous dog;
d.
Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous;
e.
Upon the sale or donation of the dog to a person residing in a different municipality, notify the State Department of Health and the licensing authority, the Police Department and Animal Control Officer or Animal Cruelty Investigator of that municipality of the transfer of ownership and the name, address and telephone of the new owner;
f.
In addition to any license fee required pursuant to Section 9-2 and any amendments thereto, pay a potentially dangerous dog license fee as provided in Section 9-6.14.
(Ord. #945-06, § 2)
( Ord. No. 285-15, 5-11-2015 )
9-6.12 Violations, Penalties and Enforcement. 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 one thousand ($1,000.00) dollars 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 or Animal Cruelty Investigator is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of this article 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.
(Ord. #945-06, § 2)
( Ord. No. 285-15, 5-11-2015 )
9-6.13 Registration and License, Report of Violations.
a.
The Animal Control Officer or Animal Cruelty Investigator shall issue a potentially dangerous dog registration number and red identification tag along with a potentially dangerous dog license, upon a demonstration of sufficient evidence by the owner to the Animal Control Officer or Animal Cruelty Investigator that he has complied with the Court's orders. The last three (3) digits of each potentially dangerous dog registration number shall be the three (3) number code assigned to the Borough as set forth in the New Jersey Administrative Code. The Animal Control Officer or Animal Cruelty Investigator shall verify the foregoing, in writing, to the Clerk.
b.
A telephone number to report violations of this article shall be published in the local newspaper and in the Clerk's office. This telephone number shall be forwarded to the Department of Health. Any changes in this number shall be reported immediately to the Department of Health.
(Ord. #945-06, § 2)
( Ord. No. 285-15, 5-11-2015 )
9-6.14 License Fees. The fee for all potentially dangerous dog licenses shall be five hundred ($500.00) dollars annually and each renewal thereof.
(Ord. #945-06, § 2)
9-6.15 Inspection. The Animal Control Officer or Animal Cruelty Investigator shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with subsections a and b of Section 9-6.7.
(Ord. #945-06, § 2)
( Ord. No. 285-15, 5-11-2015 )
9-6.16 Application of Statutory Provisions. Any action undertaken pursuant to this article shall be subject to the provisions of the New Jersey Tort Claims Act. (N.J.S.A. 59:1-1 et seq.).
(Ord. #945-06, § 2)
9-6.17 Deposit and Use of Fines and Fees. All fines and fees received and collected shall be deposited into a special account, pursuant to Section 9-4, to help administer and enforce this article.
(Ord. #945-06, § 2)