Dangerous and Potentially Vicious Dogs

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Dogs can provide companionship, adoration and friendship. They can also turn violent and attack our children and other defenseless animals. We offer legislation designed to identify and weed out the few vicious offenders while protecting our right to keep “man’s best friend.” We have definitions for what actually constitutes a dangerous or potentially vicious dog, as well as sample language requiring signs warning of a dangerous dog on the premises, the maintenance of enclosures, and specific fees for licensing dangerous dogs. One ordinance even provides for red identification tags to identify potentially dangerous dogs. These samples have provisions for the procurement of liability insurance and the establishment of violations and penalties. If your community is interested in protecting its citizens and other animals from vicious and aggressive dogs, read on...

Salem, C. NJ: Ch. 74, Art. II Watervliet, C. NY: Ch. 108, Art. III Winthrop, T. MA: Sec. 13-9 Lumberton, Twp. NJ: Ch. 136, Art. II Monessen, C. PA: Ch. 130, Art. IV Return to top menu Salem, C. NJ Chapter 74 ANIMALS ARTICLE II Dangerous and Vicious Dogs [Adopted 5-19-1997 by Ord. No. 97-12] § 74-23. Definitions. As used in this article, the following terms shall have the meanings indicated: ANIMAL CONTROL OFFICER -- The city's certified Animal Control Officer or, in the absence of such an officer, the Chief of Police or his designee. DOG -- Any dog or dog hybrid. DOMESTIC ANIMAL -- Any cat, dog or livestock, other than poultry. POTENTIALLY DANGEROUS DOG -- Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to § 74-28. VICIOUS DOG -- Any dog or dog hybrid declared vicious by a municipal court pursuant to § 74-27. § 74-24. Seizure and impoundment by Animal Control Officer. 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 as defined in N.J.S.A. 2C:11-1b to that person; (2) Caused bodily injury as defined in N.J.S.A. 2C:11-1a to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals; (3) Engaged in dogfighting activities as described in N.J.S.A. 4:22-24 and 4:22-26; or (4) 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. The Animal Control Officer shall document all evidence relating to the decision to seize and impound the dog, including statements from witnesses, complainants or victims, regarding the dog, concerning specific incidents, in detail, and including the date or dates and the names, addresses and telephone numbers of such witnesses, complainants or victims; police reports; observations of the Animal Control Officer; and other relevant information. § 74-25. Notice of seizure and impoundment; determination of identity of owner; notice of hearing; return of statement by owner; destruction of dog. The Animal Control Officer shall notify the Municipal Court and the Municipal Health Officer immediately that he has seized and impounded a dog pursuant to § 74-24 and that a hearing is required. The Animal Control Officer shall, through a reasonable attempt, determine the identity of the owner of any dog seized and impounded pursuant to § 74-24. If its owner cannot be identified within seven days, that dog may be humanely destroyed. The Animal Control Officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to § 74-24, 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, relinquishing 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. In the event that the owner requests a hearing, the Animal Control Officer shall promptly notify the Municipal Court Administrator and the Municipal Court Prosecutor. The Animal Control Officer shall be responsible to provide the Municipal Court Prosecutor with all evidence relating to the dog in question, including the names, addresses and telephone numbers of witnesses who should be subpoenaed for the hearing and their probable testimony. § 74-26. Agreement between city and dog owner; settlement and disposition; liability of municipality; legal expenses. Notwithstanding any provision in this article or in N.J.S.A. 4:19-17 et seq. to the contrary, the city 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, in a writing, signed by both parties. Notwithstanding any provision of law to the contrary, neither the city nor any of its officers, employees or agents shall have any liability by virtue of having entered into any settlement agreement pursuant to this section, for any action or inaction related to the entry into such agreement, for any injuries or damages caused thereafter by the dog. The city may, as a condition of the settlement agreement, also require that the owner of the dog hold the city and its officers, employees and agents harmless for any legal expenses or fees incurred in defending against any such cause of action brought against the city, notwithstanding the prohibition against such causes of action set forth in N.J.S.A. 4:19-21.1. For the purposes of settlement agreements made under this section, the Animal Control Officer is authorized to negotiate and execute such agreements on behalf of the city, provided that prior thereto the same is approved by the Chairperson of the City Council Committee which oversees the Animal Control Officer, and the proposed settlement agreement is reviewed and approved by the City Attorney. § 74-27. Finding to declare dog vicious; destruction. The Municipal Court shall declare the dog vicious if it finds, by clear and convincing 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 dogfighting activities as described in N.J.S.A. 4:22-24 and 4:22-26. A dog shall 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 the dog was provoked. The City shall bear the burden of proof to demonstrate that the dog was not provoked. If the Municipal Court 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. § 74-28. Finding to declare dog potentially dangerous. The Municipal Court shall declare a dog to be potentially dangerous if it finds, by clear and convincing evidence that the dog: (1) Caused bodily injury as defined in N.J.S.A. 2C:11-1a to a person during an unprovoked attack and poses a serious threat of bodily injury or death to a person; or (2) Killed another domestic animal; and (a) Poses a threat of serious bodily injury or death to a person; or (b) Poses a threat of death to another domestic animal; or (3) Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals. 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 the dog was provoked; or (2) Killing a domestic animal if the domestic animal was the aggressor. For the purposes of Subsection B(1) of this section, the City shall bear the burden of proof to demonstrate that the dog was not provoked. § 74-29. Order and schedule for compliance for potentially dangerous dog; conditions. If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part: Shall require the owner to comply with the following conditions. The owner shall: (1) Apply, at his own expense, to the City Treasurer or other city official designated to license dogs pursuant to 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 § 74-35 of this article. 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) 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) 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 which is 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. 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 city 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. § 74-30. Procedures for appeal. The owner of the dog or the Animal Control Officer may appeal any final decision, order or judgment, including any conditions attached thereto, of the Municipal Court, pursuant to this article, 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. § 74-31. Liability of owner for costs; rabies testing. 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 city 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 municipal pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous. If the dog has bitten or exposed a person within 10 days previous to the time of euthanasia, the Animal Control Officer shall cause its head to be transported to the New Jersey Department of Health laboratory for rabies testing. § 74-32. Right to convene 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 the dog is vicious or potentially dangerous for any subsequent actions of the dog. § 74-33. Duties of owner of potentially dangerous dog. The owner of a potentially dangerous dog shall: Comply with the provisions of this article in accordance with a schedule established by the Municipal Court, but in no case more than 60 days subsequent to the date of determination; Notify the Animal Control Officer, the City Police Department and the City Treasurer if a potentially dangerous dog is at large or has attacked a human being or killed a domestic animal. Notify the Animal Control Officer, the City Police Department and the City Treasurer within 24 hours of the death, sale or donation of a potentially dangerous dog. Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous. Upon the sale or donation of the dog to a person residing in a different municipality, notify the department and licensing authority, police department or force and animal control officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner. In addition to any license fee required pursuant to § 74-1, pay a potentially dangerous dog license fee to the city as provided by § 74-36. § 74-34. Violations and penalties; 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 $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 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. § 74-35. Potentially dangerous dog registration number, tag and license; issuance; telephone number to report violations. The City Treasurer shall issue a potentially dangerous dog registration number and red identification tag along with a municipal 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 will be the three-number code assigned to the city in the regulations promulgated pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify, in writing, compliance to the City Treasurer or other official designated to license dogs in the city. The Animal Control Officer shall publicize a telephone number for reporting violations of this article. The telephone number and any changes in this number shall be reported immediately to the New Jersey Department of Health. § 74-36. Fee for potentially dangerous dog license. Each person who shall own, possess, keep or harbor any potentially dangerous dog or dogs shall obtain an annual license for each dog and shall have the same registered and numbered with the City Treasurer and for such license shall pay the sum of $700, as a license fee for each and every potentially dangerous dog. § 74-37. Inspection to determine continuing compliance. The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with Subsection A(2) and (3) of § 74-29 of this article. § 74-38. Deposit and use of fines and fees. All fines and fees collected or received by the city pursuant to § 74-35 or 74-36 of this article shall be deposited in a special account and used by the city to administer and enforce the provisions of this article. § 74-39. Inapplicability. This provisions of this article shall not apply to dogs used for law enforcement activities. Return to top menu Watervliet, C. NY Chapter 108 ANIMALS ARTICLE III Dangerous or Vicious Dogs [Adopted 6-4-1998 by Ord. No. 1666] § 108-9. Definitions. As used in this article, the following terms shall have the meanings indicated: DANGEROUS OR VICIOUS DOG: Any dog: (1) Which, when unprovoked, chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack; (2) With a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger or threaten the safety of human beings or domestic animals; (3) Which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal or household pet without provocation, on public or private property; or (4) Which is owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting. No dog may be declared vicious if the threat, injury or damage was sustained by a person who, at the time such threat, injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. If the trespass is determined to be of an innocent nature, the court may, depending on the circumstances, and in accordance with the procedures set forth in § 108-10, find the dog to be vicious. No dog may be declared vicious if it is used by law enforcement officials for law enforcement work. ENCLOSURE -- A fence of at least six feet in height, or other structure, such as a pen, forming or causing an enclosed area suitable to prevent the entry of young children, or any part of their bodies, and suitable to confine vicious dogs in conjunction with other measures which may be taken by the owner or the keeper, such as the tethering of a vicious dog. Such other structure shall be securely enclosed and locked and designed with secure sides, top and bottom, and shall be designed to keep the animal from escaping therefrom. If the pen or other structure has no bottom secured to the sides, the sides must be embedded in the ground no less than one foot. IMPOUNDED -- Taken into custody or the public pound used by the City of Watervliet. PERSON -- A natural person or any legal entity, including but not limited to a corporation, partnership or trust. § 108-10. Seizure of dogs. An animal control officer who has probable cause to believe that a dog is vicious, as defined in this article, shall immediately demand that possession of the dog be forthwith relinquished to said animal control officer, who shall impound said dog and notify the owner of said impoundment. The owner of such dog may request the City Court to conduct a hearing within 15 days from the notification of the dog's impoundment, to determine if the dog is vicious. Upon such hearing, all interested persons shall have the opportunity to present evidence on the issue of the dog's viciousness. If no such hearing is requested within 15 days from the notification of the dog's impoundment, the dog shall become the property of the city. After a finding that the dog is vicious as defined in this article, it is in the Court's discretion to order the dog destroyed or to return the dog to the owner upon satisfaction of the following conditions: (1) The owner obtained general liability insurance in the amount of $100,000 for any injury which the dog may cause, naming the City of Watervliet as an additional for the purpose of receiving notification of termination. It shall be the duty of said dog owner to maintain such insurance policy in force so long as the dog shall be present in the City of Watervliet. (2) The owner shall obtain from the City Clerk a conspicuously colored collar identifying the dog as dangerous. Said collar shall remain on the dog at all times. (3) The owner shall obtain a leash and muzzle for said dog. Such leash shall have a maximum length of three feet and shall have a minimum tensile strength of 300 pounds. It shall be unlawful at all times thereafter to allow said dog to leave the owner's home or secure enclosure as defined herein upon the owner's property unless said dog is muzzled, collared and tethered and under the control of a person at least 18 years of age. (4) Registration. The City Clerk or his/her designee shall require the owner of a vicious dog to register such dog with the City Clerk. The application for such registration shall contain the name and address of the owner, the breed, age, sex, color and any other identifying marks of the dog, the location where the dog is kept, if not at the address of the owner, and any other information which the City Clerk or his/her designee shall require. The application for registration pursuant to this subsection shall be accompanied by a registration fee of $30. Each dog registered pursuant hereto shall be assigned an official registration number by the City Clerk. Such registration number shall be tattooed at the owner's expense in the manner prescribed by the City Clerk. The certification of registration shall be of such form and design and shall contain such information as the City Clerk shall prescribe and shall be issued to the owner upon payment of the registration fee and presentment of sufficient evidence that the owner has complied with all the orders of the City Clerk as prescribed at the determination hearing. (5) The owner or keeper shall display a sign on his or her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public highway or street. (6) The owner of the dog shall have the dog sterilized. (7) The dog shall not be returned to any person under the age of 18. An animal control officer who has probable cause to believe that a dangerous dog is being possessed in violation of this article shall immediately demand that possession of the dog be forthwith relinquished to said animal control officer, who shall impound said dog until the article has been complied with and all fines paid. § 108-11. Liability of owner. If any dangerous or vicious dog causes injury to a person or domestic animal or damage to property while out of or within the enclosure of the owner of the dog, or while off the property of the owner, whether or not the vicious dog was on a leash and securely muzzled or whether the vicious dog escaped without the fault of the owner, the owner shall be liable to the person aggrieved by the injury for all darmges sustained, to be recovered in a civil action. § 108-12. Notification. The owner shall notify the animal control officer immediately, but in no event more than 24 hours, if a vicious dog is loose, unconfined, has attacked another animal, has attacked a human being or has died. § 108-13. Dog fighting; training to attack. No person shall own or harbor any dog for the purpose of dog fighting or shall train, torment, badger, bait or use any dog for the purpose of causing or encouraging the dog to unprovoked attacks upon human beings or domestic animals. § 108-14. Selling, breeding, buying or giving away. No person shall possess with intent to sell, offer for sale, give away, breed, buy, attempt to buy or receive as a gift within the city any dangerous or vicious dog. § 108-15. Penalties for offenses. Any person violating the provisions of this article shall be punished by a fine of not more than $1,000, or 30 days in jail, or both. Each separate offense shall constitute an additional violation. Any person found guilty of violating this article shall pay all expenses, including shelter, food and veterinary expenses, necessitated by the seizure of any dog for the protection of the public and such other expenses as may be required for the destruction of such dog. § 108-16. Provisions supplemental to state law. The provisions of this article shall not supersede but rather shall be supplementary to the provisions of law contained in Article 7 (§ 106 et seq.), of the Agriculture and Markets Law and any other applicable ordinance, rule or regulation and successor laws, ordinances, rules and regulations. Return to top menu Winthrop, T. MA § 13-9. Nuisance dogs; vicious dogs; potentially vicious dogs. Nuisance dogs. The definition of nuisance dogs includes but is not limited to dogs whose owners repeatedly allow them to: (1) Bark excessively; (2) Roam free or unrestrained; (3) Trespass on private property; (4) Damage property; (5) Molest passersby; (6) Chase vehicles; and/or (7) Disturb the peace in any way. Vicious dogs. (1) Vicious dogs are defined as dogs who unprovoked have attacked or bitten a human being or animal or have a known propensity, tendency or disposition to attack unprovoked, to cause injury or to endanger the safety of human beings or animals. (2) No dog shall be declared vicious if injury or damage is sustained by a person who was willfully trespassing or committing or attempting to commit a crime or committing other tort upon the premises occupied by the owner or keeper of the dog. Also exempted are dogs who were teased, tormented, abused or assaulted by the injured person or animal prior to attacking or biting. No dog shall be declared vicious if the dog was protecting or defending a human being in its immediate vicinity from attack or assault. (3) The definition of vicious dog also includes dogs who are trained or kept for dogfighting or any of the breeds commonly referred to as belonging to the "Pit Bull" variety of terrier, which consists of the following breeds or breed types and mixtures: American Staffordshire Terrier, American Pit Bull and Pit Bull Terrier. No person shall own, keep or have the custody, care or control of any of these breeds or mixtures thereof in the Town of Winthrop. Potentially vicious dogs. Potentially vicious dogs are defined as dogs who, when unprovoked, in a vicious or terrorizing manner approach any person or animal in an apparent attitude of attack in any public place in Winthrop. Dogs who have violated any of the above conditions can be declared to be a nuisance, vicious or potentially vicious by the Board of Selectmen upon written complaint of a citizen or by the Animal Control Officer, Police Department or other public safety agent. A hearing by the Board of Selectmen or the Board's designee will determine whether the dog in question is a nuisance, vicious or potentially vicious dog. Investigation of the matter may be made by the Animal Control Officer, and the animal's owner will be notified of the hearing by certified mail. The hearing must be open to the public and must be held within two weeks of the service of notice upon the owner or keeper of the dogs. Prior to the hearing, if the dog is believed to be a potential threat of serious harm to people or to other animals, the Board may require the dog to be impounded during the hearing and appeal process. The owner or keeper is liable for any boarding and impounding fees incurred. The owner will be notified of the findings of the Board, in writing. If the dog is declared a nuisance, vicious or potentially vicious dog, the Board may impose any and all penalties and fines allowed under MGL c. 140. Furthermore, the Board may require that the dog be removed from the town or that the owner or keeper comply with the provisions of this section as stated below. Any owner or keeper who feels that they have been aggrieved by the decision of the Board may appeal the determination in district court. Confinement of vicious or potentially vicious dogs; restrictions outside of confinement. Dogs found to be vicious or potentially vicious as a result of a hearing before the Board of Selectmen or the Board's designee must be confined within a dwelling or within a fence or structure at least six feet high and may additionally be required to be tethered within the confines of such a fence or structure. The enclosure must be securely constructed and locked, with secure sides, top and bottom, to prevent the animal from escaping and suitably to prevent the entry of young children. Dogs found to be vicious or potentially vicious as a result of a hearing before the Board of Selectmen or the Board's designee must be muzzled and restrained by a substantial leash and collar and must be accompanied by a responsible person at all times when outside the enclosure as stated above. The muzzle must not interfere with the dog's vision or respiration, but it must prevent it from biting any person or animal. The owner or keeper of a vicious dog shall present to the Board of Selectmen proof that the owner or keeper has procured liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by the vicious dog during the twelve-month period for which licensing is sought. The policy shall contain a provision requiring the Town of Winthrop to be named as an additional insured for the sole purpose of the Board of Selectmen to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy. The owner or keeper of a vicious or potentially vicious dog shall display a sign on his or her premises warning that there is a dog on the premises. Said sign shall be visible and capable of being read from any adjacent public way. The owner or keeper of a vicious or potentially vicious dog shall notify the Winthrop Police Department immediately if the dog is on the loose, is unconfined, has attacked a person or another animal or has died or been sold or given away. If the animal has been sold or given away, the Board of Selectmen shall be provided with the new owner's name, address and telephone number. Vicious and potentially vicious dogs will not be issued licenses until the requirements stated by the Board of Selectmen are met. If the requirements are not met, the following penalties apply: (1) Failure to license a vicious dog, failure to secure the animal by enclosure in the required structure or to muzzle and leash or restrain; and failure to obtain and maintain required insurance: The animal shall be confiscated by the Animal Control Officer and held for a period of 10 business days or until the license and liability insurance is obtained, and the owner or keeper shall be fined $150. If the owner or keeper fails to obtain the required license and/or insurance within the ten-day period, the animal will be humanely euthanized. (2) Violations as stated above that result in the unprovoked worrying, wounding or killing of any domestic animal: The animal shall be confiscated by the Animal Control Officer and humanely and expeditiously euthanized, and the owner or keeper shall be fined $300. (3) Violations as stated above that result in the unprovoked worrying, wounding or killing of a human being: The animal shall be confiscated by the Animal Control Officer and humanely and expeditiously euthanized, and the owner or keeper shall be fined $300. No person shall be charged with the penalties outlined above unless the dog, prior to the offense alleged, shall have been declared a vicious or potentially vicious dog pursuant to the provisions of this article. The Board of Selectmen shall provide notice of the impoundment and/or pending destruction of the vicious or potentially vicious dog to the registered owner or keeper of said dog. If the owner or keeper of a dog impounded for allegedly violating this article believes the violation did not occur, such owner may petition a court of competent jurisdiction praying that the dog not be destroyed. The impounded dog shall not be destroyed pending resolution of such owner's or keeper's petition. The dog shall remain impounded pending a hearing on the petition and any subsequent appeal. Return to top menu Lumberton, Twp. NJ Chapter 136 DOGS AND OTHER ANIMALS ARTICLE II Vicious Dogs [Adopted 12-3-1990 as Ord. No. 1990-20 Editor's Note: These provisions were originally Sec. 7.8 of Art. I of this chapter.] § 136-11. Definitions. As used in this Article, the following terms shall have the meanings indicated: ANIMAL CONTROL OFFICER -- A certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the municipality or his designee. DEPARTMENT -- The New Jersey State Department of Health. DOG -- Any dog or dog hybrid of either sex, whether or not neutered or spayed. DOMESTIC ANIMAL -- Any cat, dog or livestock other than poultry. ENABLING STATUTE -- Refers to N.J.S.A. 4:19-17 et seq., and all amendments thereof and supplements thereto. PANEL -- Any panel selected pursuant to the enabling statute. POTENTIALLY DANGEROUS DOG -- Any dog or dog hybrid declared potentially dangerous by the panel pursuant to the enabling statute. VICIOUS DOG -- Any dog or dog hybrid declared vicious by the panel pursuant to the enabling statute. § 136-12. Complaint procedure. It shall be the duty of the Chief of Police of this municipality to receive and investigate complaints involving attacks or bites by dogs, dogfighting activities and the training or encouragement of dogs to make unprovoked attacks upon persons or domestic animals. It shall be the duty of all appropriate township officials to enforce the provisions of the enabling statute as applicable within the township. In the event that a hearing is to be convened pursuant to the statute just cited, the County Board of Health shall be notified and shall convene such a hearing, select the panel, conduct the hearing and carry out the decisions of the panel. The owner of any dog which has been declared vicious or potentially dangerous shall be responsible for all actual costs and expenses of impounding and destroying said dog, convening said hearing, the notices in connection therewith and all other related expenses incurred by the township. In the event that any dog is impounded pursuant to the enabling statute in a facility other than the township pound, the owner shall be responsible for all actual costs and expenses of impounding said dog, regardless of whether the dog is declared vicious or potentially dangerous. § 136-13. Special license required. No person shall keep or harbor within the Township of Lumberton any dog which has been declared potentially dangerous without obtaining from the Township Clerk/Administrator a special municipal license and complying with all requirements of the enabling statute, this Article and the order of the panel. The fee for a license to keep in the municipality a potentially dangerous dog shall be as set forth in § 136-3G of Article I of this chapter. The Township Clerk/Administrator, when issuing such a license, shall assign a municipal registration number in accordance with the uniform statewide municipal registration system established by the regulations of the Department, together with a red identification tag. Prior to the issuance of such a license, the Animal Control Officer shall verify to the Township Clerk/Administrator that the owner of the dog has complied with the panel's orders. § 136-14. Seizure and impoundment. Notwithstanding any other provisions of this Article, the seizure and impoundment of dogs pursuant to the enabling statute and as provided for in this Article, shall be governed by the provisions of the statute cited. § 136-15. Disposal of impounded dogs. Any dog that has been impounded pursuant to the provisions of this Article and the statute herein cited who remains unclaimed for seven days after notice or for seven days after seizure when it is not possible to serve notice shall be subject to disposal, except as may be otherwise required by the enabling statute and this Article. The Animal Control Officer may cause any dog subject to disposal to be humanely put to death in a manner causing the least possible pain to the dog. § 136-16. Violations and penalties. The owner of a potentially dangerous dog who is found by a preponderance of the evidence to have violated the statute herein cited or any rule or regulation adopted pursuant thereto or to have failed to comply with the panel'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 Lumberton Township Municipal Court shall have jurisdiction to enforce this penalty. An Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner falls to comply with the provisions of the statute or any rule or regulation adopted pursuant thereto or a panel's order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner. Return to top menu Monessen, C. PA Chapter 130 ANIMALS ARTICLE IV Dogs [Adopted 2-19-1997 by Ord. No. 1-1997] § 130-12. Dog Law enforcement. Pursuant to police powers, the Chief of Police, together with the Animal Control Officer, the various Lieutenants and patrolmen and their delegates by designation through a contract of employment shall be the enforcement officers under this article, all under the direct supervision of the Chief of Police. § 130-13. Definitions. As used in this article, the following terms shall have the meanings indicated: VICIOUS DOG: Any or all of the following, excepting police dogs, squad dogs or guard dogs acting under supervision of a police officer or prison guard: (1) A dog which is trained to attack or cause injury or to otherwise endanger the safety of human beings or domestic animals. (2) Any dog which bites, inflicts injury on, assaults (which assaults shall include dogs at large approaching any person upon the streets, sidewalks or other public grounds or places in a threatening or terrorizing manner without provocation) or otherwise attacks a human being without provocation. (3) Any dog which is deemed a dangerous dog under and pursuant to 3 P.S. § 459-101 et seq. (the "Dog Law"). Notwithstanding the provisions detailed above, no dog may be declared a vicious dog for inflicting injury or damage on any person committing a willful trespass or other tort upon premises occupied by the owner of the dog or teasing, tormenting or abusing or assaulting the dog or committing or attempting to commit a crime. No dog may be declared vicious for taking any action to defend or protect a human being within the immediate vicinity of the dog from an attack or assault. § 130-14. Running at large prohibited. It shall be the duty of the owner, custodian or keeper of any dog while traveling on the streets, alleys or public grounds in the city to have the dog on a leash not greater than six feet in length at all times and to prevent the dog from entering upon the property of any person or persons in the city without the property owner's consent. § 130-15. Registration required; fees; duties of owner; notification of seizure; violations and penalties. Any person owning a vicious dog must register the dog with the Monessen Police Department and pay a fee per year or for the life of the dog for such registration, each fee as set forth from time to time by resolution of the City Council. Upon licensing a vicious dog, the owner shall display, in a conspicuous manner, a sign on his premises warning that there is a vicious dog on premises. The sign shall be visible and legible from the sidewalk and street. The owner of a vicious dog shall not permit such dog to go beyond confined bounds of the owner's premises unless the dog is securely leashed and muzzled. Vicious dogs confined outdoors must have a pen or structure with sides and a secure top. Pens must have bottoms secured to the sides or be embedded in the ground no less than two feet. Any dog which is a vicious dog pursuant to § 130-13 of this article, and not registered with the Monessen Police Department as a vicious dog, shall be immediately seized and detained. Upon such seizure, the City Dog Law Enforcement Officer shall, by written notice sent by both certified and first class mail and posted upon the owner's premises, notify the owner of such seizure and detention and the requirements to register the dog within 10 days of the date of the seizure. Should the owner fail to register the dog with the Monessen Police Department as a vicious dog within such ten-day period, the City Dog Law Enforcement Officer shall bring suit with the Local District Justice to have said dog be deemed a dangerous dog in accordance with the Dog Law. The dog shall continue to be detained by the City Dog Law Enforcement Officer until such time as the dog is registered in accordance with this article. Owners of dogs detained under this section shall be fined $10 per day for each day which said dog is detained. Should the City Dog Law Enforcement Officer deem any dog to be a vicious dog in accordance with § 130-13 of this article, the City Dog Law Enforcement Officer shall, by written notice sent by United States Mail, postage prepaid and certified to the owner, notify the owner of the requirements to register that dog as a vicious dog with the Monessen Police Department within 10 days of the date of such notice; the dog may be detained by the City Dog Law Enforcement Officer who must follow the same procedure set forth for detaining a dog if the dog is a vicious dog in accordance with § 130-13 of this article. The owner of a dog known to be a vicious dog by prior registration with the Monessen Police Department or a dog deemed dangerous under state law found not to be complying with this article shall be fined not less than $500 and not more than $1,000, together with the cost of prosecution for the first offense, nor more than $1,500 and cost of prosecution for the second offenses. § 130-16. Removing of excrement. No owner, custodian or keeper of any dog shall allow or permit any such dog to deposit excrement upon the streets, alleys or public grounds in the city unless such owner, custodian or keeper immediately removes the excrement and disposes of it in a sanitary manner. § 130-17. Unclaimed animals to be destroyed. Any dog confined by the Animal Control Officer or by the Monessen City Police, if not claimed by its owner, shall be destroyed after 72 hours from said confinement.

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