[Amended 5-22-1995 by Ord. No. 14-1995]
A. If it is determined by the Municipal Court that a dog is one characterized as vicious, the dog shall be destroyed in a humane and expeditious manner.
B. The Municipal Court shall declare a 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.A. 2C:11-1b, to a person (unless the dog was provoked).
(2) Has engaged in dog fighting activities, as described in N.J.S.A. 4:22-24 and 4:22-26.
C. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.