4:19-22 - Dog declared vicious by municipal court; conditions - New Jersey Statutes

4:19-22.     Dog declared vicious by municipal court; conditions 
    6.  a.  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.2C:11-1(b) to a person; or 

   (2)  has engaged in dog fighting activities as described in R.S.4:22-24 and R.S.4:22-26. 

   b.   A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.2C:11-1(b) 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 dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal. 

   L.1989,c.307,s.6; amended 1994,c.187,s.3.