New Jersey Statutes 4:19-22. Dog declared vicious by municipal court; conditions
Terms Used In New Jersey Statutes 4:19-22
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
(1) killed a person or caused serious bodily injury to a person; or
(2) (Deleted by amendment, P.L.2019, c.82).
b. A dog shall not be declared vicious for inflicting death or serious bodily injury upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that 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 of P.L.1989, c.307 (C. 4:19-25), the court may order:
(1) the dog’s owner to comply with certain restrictions to protect the public that are at least as stringent as the requirements for potentially dangerous dogs pursuant to section 8 of P.L.1989, c.307 (C. 4:19-24) and section 12 of P.L.1989, c.307 (C. 4:19-28); or
(2) the dog to be euthanized in a humane and expeditious manner, except that no dog may be euthanized during the pendency of an appeal.
d. As used in this section, “serious bodily injury” means serious bodily injury as defined in subsection b. of N.J.S. 2C:11-1
L.1989, c.307, s.6; amended 1994, c.187, s.3; 2019, c.82, s.1.