Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
SYNOPSIS
Authorizes seizure and impoundment of a dog believed to have attacked, severely injured, or killed another domestic animal.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning vicious or potentially dangerous dogs, and amending P.L.1989, c.307.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1989, c.307 (C.4:19-19) is amended to read as follows:
3. 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 death or serious bodily injury as defined in N.J.S.2C:11-1(b) to that person;
b. caused bodily injury as defined in N.J.S.2C:11-1(a) to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;
c. engaged in dog fighting activities as described in R.S.4:22-24 and R.S.4:22-26; [or]
d. has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals; or
e. attacked another domestic animal and severely injured or killed the attacked domestic animal.
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.
(cf: P.L.1989, c.307, s.3)
2. Section 4 of P.L.1989, c.307 (C.4:19-20) is amended to read as follows:
4. a. The animal control officer shall immediately notify the municipal court and the municipal health officer [immediately] that [he] a dog has been seized and impounded [a dog] pursuant to section 3 of P.L.1989, c.307 (C.4:19-19), [or that he has reasonable cause to believe that a dog has killed another domestic animal] and that a hearing is required for disposition of the dog. The animal control officer shall through a reasonable effort attempt to determine the identity of the owner of any dog seized and impounded pursuant to section 3 of P.L.1989, c.307. If its owner cannot be identified within seven days, that dog may be humanely destroyed.
b. 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 section 3 of P.L.1989,
c.307 (C.4:19-19), 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, 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 days of receipt, the
dog may be humanely destroyed.
(cf: P.L.1994, c.187, s.2)
3. This act shall take effect immediately.
STATEMENT
This bill authorizes the seizure and impoundment of a dog that attacks another domestic animal and severely injures or kills the attacked domestic animal. “Domestic animal” is defined under the law as any cat, dog, or livestock other than poultry. The bill also clarifies current law concerning hearings for the seized and impounded dogs to reflect this provision.