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ORDINANCE 1998-05ORDINANCE 98 -5 0 ORDINANCE AMENDING ORDINANCE 95 -36 ENTITLED 'REVISED GENERAL ORDINANCE OF TBE TOWNSHIP OF CHERRY HILL ", (CHAPTER VIII, ANMIAL CONTROL, SECTION 2.13, VICIOUS DOGS) WHEREAS, Chapter VIII, Section 2.13 of the Revised General Ordinance of the Township of Cherry Hill encompasses the rules and regulations pertaining to dogs in Cherry Hill Township; and WHEREAS, this Section of the Ordinance should be amended to bring it into compliance with the New Jersey State Statute entitled "Vicious Dog Law" N.J.S.A. 4:19 -17 et. seq. NOW THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Cherry Hill, County of Camden and State of New Jersey that Chapter VIII Animal Control, Section 8 -2.13, vicious Dogs shall be amended to read as follows: 8 -2.13 Vicious Dogs and /or Potentially Dangerous Dogs A. Definitions 1. Vicious dog shall mean any dog or dog hybrid declared vicious by a municipal court pursuant to N.J.S.A. 4:19 -22. 2. Potentially dangerous dog shall mean any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to N.J.8.A. 4:19 -23. B. Seizure and impoundment of a dog by animal control officer. 1. An animal control officer shall be empowered to seize and impound a dog when the officer has reasonable cause to believe a dog has caused bodily injury, physical threat or has engaged in dog fighting activities as defined by N.J.S.A. 2C:11 -1 and/or N.J.S.A. 4:22 -24 -26 or 2. The dog has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals. 3. 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 court, the dog may be impounded in animal control facility or other structure agreeable to the municipal court and owner. C. Notice of Seizure and impoundment; determination of identify of owner; notice of hearing; return of statement by owner; destruction of dog. 1. The animal control officer shall notify the municipal court immediately that he has seized and impounded a dog pursuant to the Ordinance and N.J.S.A. 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. 2. The determination of identitv of the owner, notice of hearing; return of statement by owner and destruction of dog shall be governed and made pursuant to N.J.S.A.4:19 -20. D. Agreement between _municipality and dog owner; settlement and disposition; liability of municipality; legal expenses. This section shall be governed by and made pursuant to N.J.S.A. 4:19 -21.1. E. Potentially dangerous dogs -order and schedule for compliance; conditions If the municipal court declares the dog to be potentially dangerous, the court shall issue and order a compliance schedule pursuant to N.J.S.A. 4:19 -24. F. Appeal. appeals procedure and process shall be governed by N.J.S.A. 4:19 -25. G. Liability of owner for costs. The liability of owners for costs for impoundment and destruction shall be governed by N.J.S.A. 4:19 -26. H. Subsequent Actions. 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 0 whether the dog is vicious or potentially dangerous for any subsequent action of the dog. I. Duties of an owner of a potentially dangerous dog. The owner of a potentially dangerous dog shall comply with the provisions ofN.J.S.A. 4:19 -28. J. Violations by owner. 1. Any owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this Ordinance and/or N.J.S.A. 4:19 -17 et. seq. shall be subject to the penalties set forth in N.J. S.A. 4:19 -29. 2. The municipal court shall have the jurisdiction to enforce this section. The municipal court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner. 3. The animal control officer is authorized to seize and impound any potentially dangerous dog who owner fails to comply with N.J. S.A. 4:19 -17 et. seq., and/or this Ordinance, or any rule or regulation adopted pursuant thereto, or a court's order. K. Potentially dangerous dogs registration and publication. The registration, tagging publication of telephone number and any other registration requirement for a potentially dangerous dog shall be made in compliance with N.J.S.A. 4:19 -30. L. Fees for license. The annual fee to be paid for a potentially dangerous dog license and each renewal thereof shall be 5700.00. • M. Inspection. The animal control officer shall inspect the enclosure and the owner's property at least monthly to determining continuing compliance with N.J. S.A. 4:19 -24 and paragraph E of this Ordinance. N. Other regulation, requirements. This Ordinance shall be governed by N.J.S.A. 4:19 -17 et. seq. and unless specifically delineated above, all rules and requirements ofN.J.S.A. 4:19 -17 et. seq. shall apply. O. If any chapter, section, subsection or paragraph of this Ordinance is declared to be unconstitutional, in doubt, or inoperative, in all or in part by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, in doubt; or inoperative, remain in full force and effect and no such determination shall be deemed to violate the remaining chapters, sections, subsections or paragraph of this Ordinance. P. This Ordinance shall be upheld and construed for the protection of the health, safety and welfare of the people of Cherry Hill Township. Q. All ordinances or parts or ordinances inconsistent with or in conflict with this Ordinance are hereby repealed to the extend of such inconsistency. by law. This Ordinance shall take effect immediately after final passage and publication as required FIRST READING: ADOPTION: i l/ / P COUNCIL PRESIDENT Attest: January 26, 1998 February 9, 1998 d 66 MYRN . CLOTH, Townshi Clerk SUSAN BASS LEVIN, MAYOR C7