State v. Smith

JOSE L. FUENTES, Judge.

This case presents an issue of first impression to the New Jersey judiciary: namely, the interpretation of N.J.S.A. 4:19-17 through 4:19-36 (the Vicious and Potentially Dangerous Dog Act), which governs vicious and potentially dangerous dogs. Specifically, appellant, Ms. Evelyn Smith, has appealed the ruling of the Hoboken Municipal Court finding her pet dog, Big Head, to be vicious under N.J.S.A. 4:19-22. If the appeal is unsuccessful, the dog would have to be destroyed. N.J.S.A. 4:19-20.

This court finds that the City of Hoboken failed to comply with the procedural…