ASSEMBLY, No. 5272

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JANUARY 25, 2021

 


 

Sponsored by:

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Eliminates requirement to have registration number tattooed on certain potentially dangerous dogs.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act removing a requirement to have a registration number tattooed on certain 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 8 of P.L.1989, c.307 (C.4:19-24) is amended to read as follows:

     8.    If the municipal court declares the dog to be potentially dangerous, it shall issue an order and 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 municipal clerk or other official designated to license dogs pursuant to section 2 of P.L.1941, c.151 (C.4:19-15.2), for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to section 14 of [this act] P.L.1989, c.307 (C.4:19-30)[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)  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 50 feet of the enclosure required pursuant to paragraph (3) of this subsection; 

     (3)  to 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 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; 

     b.    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 municipality in which the owner resides 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. 

(cf: P.L.1994, c.187, s.5)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would remove the requirement, under P.L.1989, c.307 (C.4:19-17 et. seq.), that the owner of a dog that has been declared potentially dangerous by a municipal court tattoo a registration number upon the dog in a prominent location.