Bergenfield, NJ Animal Ordinances: Breed Restrictions (2026)
Key Facts
- Breed restriction
- None; conduct-based, not breed-based
- Standard of proof
- Clear and convincing evidence
- Compliance deadline
- 60 days after declaration
- Enclosure requirement
- 6-ft fence, locked, sound on all sides
- Vicious-dog outcome
- Court may order euthanasia
- Amended
- Ordinance No. 20-2571, Oct. 6, 2020
Summary
Bergenfield has no breed-specific ban; Section 95-6 lets the Municipal Court declare an individual dog "potentially dangerous" or "vicious" only after a hearing on that dog's own conduct, such as an unprovoked attack causing injury or death. Once declared, the owner faces a locked enclosure, warning signage, a special license, and possible euthanasia for a vicious dog.
The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog: (a) Caused bodily injury to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person; ... The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog killed a person or caused serious bodily injury to a person.
Full Breakdown
Chapter 95, Section 95-6, amended by Ordinance No. 20-2571 in October 2020, governs dangerous dogs in Bergenfield entirely by an individual dog's conduct, not by breed; no breed is named or restricted anywhere in the Borough Code. The Animal Control Officer notifies the Municipal Court after seizing a dog under Section 97-7B or on reasonable cause the dog killed another domestic animal, and the owner gets certified-mail notice of a right to a hearing. The Municipal Court declares a dog "potentially dangerous" only on clear and convincing evidence it caused bodily injury during an unprovoked attack and poses a serious ongoing threat, or killed or seriously hurt another domestic animal while posing that threat; a dog cannot be so declared if it was provoked, was defending against a crime or trespass, or was protecting itself or its offspring from abuse, and the Borough bears the burden of proving there was no provocation.
Once declared, an owner has up to 60 days to obtain a special potentially-dangerous-dog license and red tag, tattoo the registration number on the dog, post a warning sign visible from 50 feet, and confine the dog behind a locked enclosure with sound sides and a six-foot fence set back at least three feet, or muzzle and tether it under direct supervision when outside the enclosure; the court may also require liability insurance naming the Borough as an additional insured. A "vicious" declaration under Section 95-6C requires clear and convincing evidence the dog killed a person or caused serious bodily injury to one; the court may then order restrictions as strict as the potentially-dangerous rules or order the dog humanely euthanized, though never while an appeal is pending.
Violations & Fines
Section 95-6 itself carries no separate dollar fine; its teeth are the court-ordered enclosure, licensing, signage, and confinement requirements, and an owner's failure to obtain the potentially-dangerous license or comply with the enclosure order can result in impoundment of the dog under Section 95-7B and enforcement by the Animal Control Officer and Municipal Court. An owner who sells or donates a declared dog must notify the new owner and the receiving municipality's authorities within 24 hours of the transfer or death.
Frequently Asked Questions
Does Bergenfield ban pit bulls or other specific dog breeds?
What must I do if the Municipal Court declares my dog potentially dangerous?
Can a Bergenfield court order a dog euthanized?
Sources & Official References
Other rules in Bergenfield
How Bergenfield compares: Cities with No Dog Breed Restrictions·Compare Bergenfield to another location·View the New Jersey animal ordinances overview
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