Breed-specific dog bans are illegal in New Jersey. N.J.S.A. 4:19-36 makes the state Vicious and Potentially Dangerous Dog Act supersede any local law targeting a specific breed, so no Somerset County municipality may ban pit bulls. Dogs are regulated only for individual dangerous behavior.
New Jersey preempts breed-specific legislation statewide. Under N.J.S.A. 4:19-36, the Vicious and Potentially Dangerous Dog Act supersedes any inconsistent local ordinance concerning a specific breed of dog, so Bridgewater, Franklin, Hillsborough, Bernards, Somerville, and Montgomery are all barred from banning or restricting pit bulls, Rottweilers, or any breed. Regulation is behavior-based: under the Act, N.J.S.A. 4:19-17 and following, a municipal court declares an individual dog vicious or potentially dangerous only after specific conduct such as an unprovoked attack, then imposes confinement, muzzling, or insurance on that dog. Private landlords and insurers may still restrict breeds by contract.
A breed-specific municipal ordinance is superseded and unenforceable under N.J.S.A. 4:19-36. A dog is restricted only through the individual vicious or potentially-dangerous-dog hearing based on its own behavior.
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See how Somerville's breed restrictions rules stack up against other locations.
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