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New Jersey

Consolidated Dog Laws

Statute Details
Printable Version
Citation: NJ ST 2A:42-101 to 2A:42-113; 2C:29-3.1; 4:19-1 to 4:19-43; 4:19A-1 - 17; 4:21B-1 - 3; 4:22A-1 to 13; 23:4-25, 26, 46; 26:4-78 - 95; 40:48-1

Citation: N.J.S.A. 2A:42-101to 2A:42-113; 2C:29-3.1; 4:19-1 to 4:19-4343; 4:19A-1 - 17; 4:21B-1 - 3; 4:22A-1 - 13; 23:4-25, 26, 46; 26:4-78 - 95; 40:48-1


Last Checked by Web Center Staff: 01/2014

Summary:   These statutes comprise New Jersey's dog laws.  Among the provisions include laws regarding domesticated animals in housing projects, rabies control laws, licensing requirements, and dangerous dog laws.


Statute in Full:

 

 

Title 2A. Administration of Civil and Criminal Justice.  Subtitle 6. Specific Civil Actions.  Chapter 42. Landlord and Tenant; Rights and Remedies.  Article 8. Domesticated Animals in Housing Projects.

2A:42-100 to 2A:42-102. Repealed by L.2002, c. 82, § 7, eff. Sept. 5, 2002

2A:42-103. Definitions

2A:42-104. Senior citizens permitted to have domesticated animals

2A:42-105. Arbitrary refusal to renew lease; penalty

2A:42-106. Immunity of landlord

2A:42-107. Grounds for refusal to renew lease

2A:42-108. Guard dogs

2A:42-109. Handicapped persons

2A:42-110. Continuing nuisances

2A:42-111. Rules and regulations of landlord; offspring of domesticated animals

2A:42-112. Municipal ordinances

2A:42-113. Distribution of disclosure statements to residents of certain senior citizen housing projects; definitions

Title 2C. The New Jersey Code of Criminal Justice.  Subtitle 2. Definition of Specific Offenses.  Part 4. Offenses Against Public Administration.  Chapter 29. Obstructing Governmental Operations: Escapes.

2C:29-3.1. Purposeful infliction of harm on animal owned or used by law enforcement agency or interference with law enforcement officer using such animal; "search and rescue dog" defined

Title 4. Agriculture and Domestic Animals.  Chapter 19. Dogs, Taxation and Liability for Injuries Caused by.  Article 1. Taxes and Use Thereof; Injuries to Animals and Poultry.

Dog Taxes:

4:19-1. Annual dog taxes

4:19-2. Assessors to set down number of dogs owned

4:19-3. Refusal to report number and age of dogs; penalty

4:19-4. Use of tax collections to pay claims; handling of fund

Damages to Livestock Caused by Dogs:

4:19-5. Claims for and establishment of damages

4:19-6. Suit by municipality against owner

4:19-7. Effect of article on owner's liability

4:19-8. Failure to kill dog found worrying animals or poultry; penalty; triple damages

4:19-9. Right to destroy offending dogs

Registration and Impoundment:

4:19-10 to 4:19-15. Repealed by L.1941, c. 151, p. 506, § 28

4:19-15.1. Definitions

4:19-15.2. Dogs; license and metal registration tag required; placing tag on dog

4:19-15.2a. Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license

4:19-15.3. Fees; renewals; expiration date of licenses; "seeing eye", "service" and "hearing ear" dogs; acceptance of license in municipality in others

4:19-15.3a. Expiration of licenses; prorated fees; three-year registration tag; renewal of three-year license

4:19-15.3b. Additional fee; dog of reproductive age without permanent alteration of reproductive capacity; disposition

4:19-15.3c. Additional fee for dogs; disposition

4:19-15.4. Time for applying for license

4:19-15.5. Application; contents; preservation of information

4:19-15.6. Dogs brought into state

4:19-15.7. Removing tag from dog without owner's consent; attaching tag to another dog

4:19-15.8. License for kennel, pet shop, shelter or pound

4:19-15.9. License fees for kennels and pet shops; no fee for shelter or pound

4:19-15.10. Kennels, pet shops, shelters or pounds; permitting dogs to go off premises

4:19-15.11. Disposition of fees collected

4:19-15.12. License fee may be fixed by ordinance; fee otherwise

4:19-15.13. List of licensed kennels, pet shops, shelters and pounds

4:19-15.14. Rules and regulations for kennels, pet shops, shelters and pounds

4:19-15.15. Canvass of dogs in municipality; report

Impoundment:

4:19-15.16. Impounding or taking dogs or other animals into custody; grounds; notice; destruction or adoption; sale or availability for experimentation prohibited; penalty; reporting of rabid animals

4:19-15.16a. Animal control officers; certification

4:19-15.16b. Animal control officers; appointment

4:19-15.16c. Powers and authority of animal control officers

4:19-15.16d. Complaints, summons or warrants; copies to Prevention of Cruelty to Animals Society

4:19-15.17. Seizure of dogs, going on premises for

4:19-15.18. Interfering with persons performing duties under act

4:19-15.19. Violations of act or rules; penalty

4:19-15.20. Penalty to be paid to plaintiff; disposition

4:19-15.21. Jurisdiction of proceedings for violations; penalties

4:19-15.22. Repealed by L.1953, c. 5, p. 44, § 50

4:19-15.23. Refusal to pay judgment; confinement in jail

4:19-15.24, 4:19-15.25. Repealed by L.1953, c. 5, p. 44, §§ 51, 52

4:19-15.26. Repealed by Laws 1973, c. 263, § 2, eff. Nov. 28, 1973

4:19-15.27. Act inapplicable to veterinarians' establishments

4:19-15.28. Statutes repealed

4:19-15.29. Effective date

 

Vicious and Dangerous Dogs:

4:19-16. Liability of owner regardless of viciousness of dog

4:19-17. Legislative findings and declarations

4:19-18. Definitions

4:19-19. Seizure and impoundment of dog by animal control officer; grounds

4:19-20. Notice of seizure and impoundment; determination of identity of owner; notice of hearing; return of statement by owner; destruction of dog

4:19-21. Repealed by L.1994, c. 187, § 13, eff. Dec. 23, 1994

4:19-21.1. Agreement between municipality and dog owner; settlement and disposition; liability of municipality; legal expenses

4:19-22. Finding to declare dog vicious; grounds

4:19-23. Finding to declare dog potentially dangerous

4:19-24. Order and schedule for compliance for potentially dangerous dog; conditions

4:19-25. Procedures for appeal

4:19-26. Liability of owner for costs of impoundment and destruction

4:19-27. Right to convene hearing for subsequent actions of dog

4:19-28. Duties of owner of potentially dangerous dog

4:19-29. Violations by owner; penalties; enforcement; seizure and impoundment of dog; destruction by order of court

4:19-30. Potentially dangerous dog registration number, red identification tag and license; issuance; telephone number to report violations; publicity

4:19-31. Fees for license

4:19-32. Inspection to determine continuing compliance

4:19-33. Regulations establishing uniform statewide system for municipal registration of potentially dangerous dogs

4:19-34. Acts deemed exercise of government function; application of Tort Claims Act

4:19-35. Deposit and use of fines and fees

4:19-36. Supersedure of local law, ordinance or regulation

4:19-37. Inapplicability of act to dogs used for law enforcement activities

4:19-38. Unauthorized debarking or silencing of a dog

4:19-39. Persons authorized

4:19-40. Seizure and custody of dog; disposition; costs

4:19-41. Veterinarian's written statement; penalty

4:19-42. Licensing procedure; penalty; disclosure

4:19-43. Disclosure to prospective owners; penalty

Title 4. Agriculture and Domestic Animals.  Chapter 19A. Animal Population Control.

4:19A-1. Program; purpose

4:19A-2. Eligibility of owner of dog or cat to participate

4:19A-3. Submission of animal for spaying or neutering; proof of eligibility; consent form; fee; disposition

4:19A-4. Veterinarians; participation in program; application; reimbursement for animal sterilization procedure and presurgical immunization

4:19A-5. Solicitation and acceptance of funds; animal population control fund; deposits; use

4:19A-6. Unretrieved animal; final disposition

4:19A-7. Knowingly falsify proof of eligibility, furnish inaccurate information or violate provisions of act; penalty; enforcement

4:19A-8. Rules or regulations

4:19A-9. Annual report

4:19A-10. Definitions

4:19A-11. Pilot clinic for spaying and neutering of dogs and cats; fees; immunizations

4:19A-12. Consent form; retrieval of animal; abandonment

4:19A-13. Fee adjustment; recommendation

4:19A-14. Acceptance of funds; pilot clinic fund

4:19A-15. Report; recommendations

4:19A-16. Domestic companion animal council established

4:19A-17. Functions of domestic companion animal council

Title 4. Agriculture and Domestic Animals.  Chapter 21B. Clinics for Cats and Dogs. 

4:21B-1. Establishment and operation to provide services for alteration of reproductive capacity; ordinance; fees.

4:21B-2. Notarized authorization by owner for consent and agreement to hold harmless

4:21B-3. Terms and conditions for maintenance of animal while in custody of clinic

Title 4. Agriculture and Domestic Animals.  Chapter 22A. Disposal of Domestic Animals.

4:22A-1. Definitions

4:22A-2. Area requirements for pet cemeteries

4:22A-3. Dedication of property

4:22A-4. Disclosures to pet owners

4:22A-5. Removal of dedication

4:22A-6. Liens on pet cemetery property; effect of dedication

4:22A-7. Maintenance fees of cemeteries

4:22A-8. Permanent maintenance endowment care

4:22A-9. Pet disposal forms

4:22A-10. Disposal in compliance with form; certification of disposal

4:22A-11. Registration of pet cemeteries and disposal facilities

4:22A-12. Violations; penalties

4:22A-13. Adoption of forms, rules and regulations

Title 23. Fish and Game, Wild Birds and Animals.  Chapter 4. Game, Wild Birds and Animals.  Article 3. Dogs.

23:4-25. Dogs; running at large; training; carrying firearms into woods or fields; exceptions

23:4-26. Field days allowed; license; penalty

Title 23. Fish and Game, Wild Birds and Animals.  Chapter 4. Game, Wild Birds and Animals.  Article 7. Deer.

23:4-46. Dogs not to be used

Title 26. Health and Vital Statistics.  Chapter 4. Communicable Diseases.  Article 7. Rabies and Control of Dogs.

26:4-78. Report of suspected cases of rabies

26:4-79. Report by physician attending person bitten by animal

26:4-80. Report by parent or guardian when child is bitten and no physician attends

26:4-81. Report when adult is bitten and no physician attends

26:4-82. Confining animal which has attacked or bitten person

26:4-83. Killing or confining animal bitten by another

26:4-84. Confining animals to prevent spread of rabies

26:4-85. Permit to release animals

26:4-86. Examination of animals by local board

26:4-87. Local board to report prevalence of rabies

26:4-88. Circular on rabies; distribution

26:4-89. Free Pasteur treatment

26:4-90. Killing of unmuzzled dog running at large

26:4-91. Appointment of dog killer; restrictions on killing dogs

26:4-92. Compensation of dog killer

26:4-93. Blank

26:4-94. Penalties; recovery

26:4-95. Powers of municipalities not affected

Title 40. Municipalities and Counties.  Subtitle 3. Municipalities Generally.  Chapter 48. General Powers.  Article 1. General and Regulatory Powers.

40:48-1. Ordinances; general purpose (For dog and pound provosions, see Secs. 10 and 11)

 

 

 

Title 2A. Administration of Civil and Criminal Justice.  Subtitle 6. Specific Civil Actions.  Chapter 42. Landlord and Tenant; Rights and Remedies.  Article 8. Domesticated Animals in Housing Projects.

2A:42-103. Definitions

As used in this act:

"Continuing nuisance" means the keeping of a domesticated animal in a manner which interferes with the health, security and comfort of the other residents of a senior citizen housing project, or the keeping of domesticated animals of a number, size, breed or species inappropriate for the type or size of senior citizen housing project or a dwelling unit within that senior citizen housing project.

"Domesticated animal" means a dog, cat, bird, fish or other animal which does not constitute a health or safety hazard.

"Landlord" means, in the case of a senior citizen housing project in which dwelling units are rented or offered for rent under either a written or oral lease, the person or persons who own or purport to own the building, structure or complex of buildings or structures in which those rental dwelling units are situated. In the case of a senior citizen housing project that is organized or operated as a planned real estate development, landlord means the governing board or body of that development.

"Planned real estate development" means any real property situated within the State, whether contiguous or not, which consists of, or will consist of, separately owned areas, irrespective of form, be it lots, parcels, units, or interests, and which are offered or disposed of pursuant to a common promotional plan, and providing for common or shared elements or interests in real property. It shall include, but not be limited to, property subject to the "Condominium Act," P.L.1969, c. 257 (C. 46:8B-1 et seq.), any form of homeowners' association, any housing cooperative or any community trust or other trust device.

"Senior citizen" means a person 62 years of age or over and shall include a surviving spouse if that surviving spouse is 55 years of age or over.

"Senior citizen housing project" or "project" means any building or structure, and any land appurtenant thereto, having three or more dwelling units, be they rental or owner occupied, intended for, and solely occupied by, senior citizens; except that, it shall not include owner-occupied premises having not more than three dwelling units that are rented or offered for rent, or any health care facility as defined in the "Health Care Facilities Planning Act," P.L.1971, c. 136 (C. 26:2H-1 et seq.).

CREDIT(S)

L.1990, c. 55, § 1, eff. Nov. 1, 1990.

 

2A:42-104. Senior citizens permitted to have domesticated animals

Any senior citizen residing in a senior citizen housing project shall, upon providing written notice to the landlord, be permitted to own, harbor or care for a domesticated animal while a resident of that project.

CREDIT(S)

L.1990, c. 55, § 2, eff. Nov. 1, 1990.

 

2A:42-105. Arbitrary refusal to renew lease; penalty

a. A landlord shall not arbitrarily refuse to renew a lease for a dwelling unit in a senior citizen housing project to any senior citizen who owns, harbors or cares for a domesticated animal in accordance with the provisions of section 2A:42-104, except as provided in section 2A:42-107.

Any landlord who so refuses to renew any such lease shall be subject to a civil penalty of not more than $500 for each offense, recoverable by the senior citizen resident in a civil action in a summary proceeding under "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.). The municipal court or the Special Civil Part of the Law Division of the Superior Court of the county in which the senior citizen housing project is located shall have jurisdiction to enforce the penalty.

b. A landlord shall not require any senior citizen who resides in a senior citizen housing project to remove, by sale, donation, gift, or otherwise, any domesticated animal which that senior citizen owns, harbors or cares for in accordance with the provisions of section 2A:42-104, except as provided in section 2A:42-107.

CREDIT(S)

L.1990, c. 55, § 3, eff. Nov. 1, 1990.

 

2A:42-106. Immunity of landlord

a. A landlord who is in compliance with the provisions of this act shall not be liable to respond in damages in any civil action for injury to persons or property caused by a domesticated animal owned, harbored or cared for by a senior citizen who is in compliance with the provisions of this act.

b. Nothing in this section shall grant the landlord immunity for a willful or wanton act of commission or omission.

CREDIT(S)

L.1990, c. 55, § 4, eff. Nov. 1, 1990.

 

2A:42-107. Grounds for refusal to renew lease

Under the following circumstances, a landlord may refuse to renew a senior citizen's lease for a dwelling unit in a senior citizen housing project or may require that a senior citizen remove, by sale, donation, gift, or otherwise, a domesticated animal from a dwelling unit in a senior citizen housing project:

a. When the existence of a domesticated animal or the senior citizen's refusal to comply with the rules and regulations governing domesticated animals constitutes a violation of federal, State or local building, health or use codes;

b. When the senior citizen fails to properly care for the domesticated animal;

c. When the senior citizen fails to properly control the domesticated animal by using a leash, if appropriate, or other necessary safety devices when walking or taking the domesticated animal to or from his dwelling unit or while on the land appurtenant thereto, or fails to take prompt action to remove any animal waste when requested by the landlord; or

d. When the senior citizen fails to confine the domesticated animal's body waste functions to areas that do not interfere with the ingress and egress of any person to or from the senior citizen housing project, or with the use of common areas in and about the senior citizen housing project by the other residents thereof and their invitees.

CREDIT(S)

L.1990, c. 55, § 5, eff. Nov. 1, 1990.

 

2A:42-108. Guard dogs

The presence of a guard dog used by the landlord shall not constitute a waiver of the provisions of this act.

CREDIT(S)

L.1990, c. 55, § 6, eff. Nov. 1, 1990.

 

2A:42-109. Handicapped persons

Nothing in this act shall impair the rights of a person with disabilities to own, harbor or care for a domesticated animal, including guide dogs and service dogs, in accordance with the "Law Against Discrimination," P.L.1945, c. 169 (C.10:5-1 et seq.).

CREDIT(S)
L.1990, c. 55, § 7, eff. Nov. 1, 1990. Amended by L.2003, c. 180, § 1.

 

2A:42-110. Continuing nuisances

Nothing in this act shall limit the legal rights and remedies of a landlord under the lease or the master deed and bylaws, as the case may be, to remove a domesticated animal that constitutes a continuing nuisance to the welfare or property of either the landlord or the other residents of a senior citizen housing project, nor shall it limit the legal rights and remedies of that landlord or other residents.

In any action to remove a domesticated animal or to evict a senior citizen from a senior citizen housing project for violating a lease due to the presence of a domesticated animal that is alleged to be a continuing nuisance, the plaintiff shall have the burden of proving that the domesticated animal is a continuing nuisance.

CREDIT(S)

L.1990, c. 55, § 8, eff. Nov. 1, 1990.

 

2A:42-111. Rules and regulations of landlord; offspring of domesticated animals

a. A landlord shall have the right to promulgate reasonable written rules and regulations, in accordance with the provisions of this act, relating to the care and maintenance of domesticated animals by senior citizens, except that a landlord may not require that the domesticated animal be spayed or neutered. All such rules and regulations shall be transmitted, in writing, to the residents of each dwelling unit in the senior citizen housing project and shall be incorporated within each lease upon its subsequent renewal and the master deed and bylaws, as the case may be.

b. A landlord may require that a senior citizen remove from the senior citizen housing project any offspring of his domesticated animal within eight weeks of their birth; except that, the landlord may require their removal at an earlier date if the offspring of that domesticated animal may be so removed without unreasonable danger to their health.

CREDIT(S)

L.1990, c. 55, § 9, eff. Nov. 1, 1990.

 

2A:42-112. Municipal ordinances

a. The governing body of each municipality may, by ordinance, fix the sum to be paid annually for a dog license and each renewal thereof, as required by section 3 of this act, which sum shall be not less than $1.50 or more than $21; provided however, that the governing body may by ordinance, provide for a reduction or waiver of the sum to be paid by an owner who presents a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered. In the absence of any local ordinance, the fee for all dog licenses shall be $1.50.

b. The governing body of each municipality, may, by ordinance, fix the sum to be paid for a 3-year dog license and each renewal thereof, which sum shall be not more than 3 times the sum charged for an annual license under subsection a. of this section. In the absence of such a local ordinance, the license fee for a 3-year dog license shall be $4.50. The Department of Health shall promulgate appropriate regulations concerning veterinarians' certificates for rabies inoculations of dogs for 3-year periods in connection with licenses issued under this subsection.

Credits
L.1941, c. 151, p. 499, § 12. Amended by L.1954, c. 118, p. 594, § 1; L.1966, c. 64, § 3; L.1978, c. 168, § 1, eff. Dec. 22, 1978; L.2007, c. 7, § 1, eff. Jan. 24, 2007; L.2012, c. 17, § 6, eff. June 29, 2012.

 

2A:42-113. Distribution of disclosure statements to residents of certain senior citizen housing projects; definitions

a. As used in this section:

"Landlord" means, in the case of a senior citizen housing project in which dwelling units are rented or offered for rent, the person or persons who own or purport to own the building, structure or complex of buildings or structures in which those rental dwelling units are situated. In the case of a senior citizen housing project that is organized or operated as a planned real estate development, landlord means the governing board or body of that development.

"Planned real estate development" means any real property situated within the State, whether contiguous or not, which consists of, or will consist of, separately owned areas, irrespective of form, be it lots, parcels, units, or interests, and which are offered or disposed of pursuant to a common promotional plan, and providing for common or shared elements or interests in real property. It shall include, but not be limited to, property subject to the "Condominium Act," P.L.1969, c. 257 (C. 46:8B-1 et seq.), any form of homeowners' association, any housing cooperative or any community trust or other trust device.

"Senior citizen" means a person 62 years of age or older and shall include a surviving spouse if that surviving spouse is 55 years of age or over.

"Senior citizen housing project" means any building or structure, and any land appurtenant thereto, having three or more dwelling units, be they rental or owner occupied, intended for, and solely occupied by, senior citizens; except that, it shall not include owner-occupied premises having not more than three dwelling units that are rented or offered for rent, or any health care facility as defined in the "Health Care Facilities Planning Act," P.L.1971, c. 136 (C. 26:2H-1 et seq.).

b. Every landlord of a senior citizen housing project, and every landlord of a unit within a senior citizen housing project that is a planned unit development, shall give copies of the statements required by P.L.1974, c. 50 (C. 46:8-27 et seq.), P.L.1975, c. 310 (C. 46:8-43 et seq.) and section 1 of this act to each resident at the time of the signing of the lease and any renewal thereof, if the units in the project are rented or offered for rent. If the project is organized or operated as a planned real estate development, the governing board or body shall provide copies of the public offering statement approved by the Department of Community Affairs in accordance with P.L.1969, c. 215 (C. 45:22A-1 et seq.) or P.L.1977, c. 419 (C. 45:22A-21 et seq.) and of the current bylaws of the planned real estate development to all residents to whom copies of those documents were not previously issued either by the developer or by the governing board or body.

Upon receipt of the statements or documents, as the case may be, the resident shall sign a form indicating that the landlord delivered the statements or documents as required under the provisions of this section. The owner shall keep the form on file for one year.

The landlord shall post copies of the statements and documents in one or more locations so the statements and documents are prominently displayed and accessible to all the residents of the senior citizen housing project.

c. Nothing contained in this section shall be construed as affecting a right guaranteed, or a responsibility imposed, on any person by any other law.

CREDIT(S)

L.1995, c. 144, § 2, eff. June 29, 1995.

 

Title 2C. The New Jersey Code of Criminal Justice.  Subtitle 2. Definition of Specific Offenses.  Part 4. Offenses Against Public Administration.  Chapter 29. Obstructing Governmental Operations: Escapes.

2C:29-3.1. Purposeful infliction of harm on animal owned or used by law enforcement agency or interference with law enforcement officer using such animal; "search and rescue dog" defined

a. Any person who purposely kills a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog shall be guilty of a crime of the third degree, and shall be sentenced by the court to a term of imprisonment. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at five years, during which the defendant shall be ineligible for parole. In addition, the court shall impose a fine of $15,000.

b. Any person who purposely maims or otherwise inflicts harm upon a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog shall be guilty of a crime of the fourth degree.

c. Any person who purposely threatens to kill, maim or otherwise inflict harm upon a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog, under circumstances reasonably causing the person to whom the threat is made to believe that it is likely that it will be carried out, shall be guilty of a crime of the fourth degree.

d. Any person who interferes with any law enforcement officer using an animal in the performance of his official duties commits a disorderly persons offense, subject to a sentence of six months' imprisonment, some or all of which may be community service, restitution and a $1,000 fine.

As used in this section, “search and rescue dog” means any dog trained or being trained for the purpose of search and rescue that is owned by an independent handler or member of a search and rescue team, and used in conjunction with local law enforcement or emergency services organizations for the purpose of locating missing persons or evidence of arson.

Credits
L.1983, c. 261, § 1, eff. July 7, 1983. Amended by L.1999, c. 14, § 1, eff. Feb. 3, 1999; L.2005, c. 24, § 1, eff. Jan. 26, 2005; L.2011, c. 77, § 1, eff. June 21, 2011; L.2013, c. 137, § 1, eff. Aug. 14, 2013.

 

Title 4. Agriculture and Domestic Animals. Chapter 19. Dogs, Taxation and Liability for Injuries Caused by. Article 1. Taxes and Use Thereof; Injuries to Animals and Poultry.

 

4:19-1. Annual dog taxes

A person shall, except as hereinafter provided, be taxed annually the sum of one dollar for each dog above the age of six months kept or harbored in a taxing district of this state, sometimes in this article called a municipality, and two dollars for each additional dog above the age of six months. A further dog tax may be levied annually when legally ordered and shall be assessed and collected in the same manner and at the same time as other annual taxes raised for the use of the state, county or municipalities.

This article shall not apply to taxing districts wherein the running at large of dogs is or shall be restrained or regulated by ordinance.

Source: L.1922, c. 149, § 1, p. 261 [1924 Suppl. § 7-86a], amended by L.1931, c. 204, § 1, p. 504.

 

4:19-2. Assessors to set down number of dogs owned

The assessors of the several taxing districts in this state shall set down in a separate column on the several duplicates opposite the name of each person, the number of dogs which he owns or harbors at the time of the annual assessment.

Source: L.1922, c. 149, § 1, p. 261 [1924 Suppl. § 7-86a], amended by L.1931, c. 204, § 1, p. 504.

 

4:19-3. Refusal to report number and age of dogs; penalty

An inhabitant who shall refuse or willfully neglect to deliver to the assessor, when required by him, a true account of the number and age of the dogs made taxable under this article which are owned or harbored by him shall, for every such failure, be liable to a penalty of five dollars ($5.00), to be recovered with costs by the collector of the taxing district in a civil action, the amount of the penalty recovered to be for the use of the taxing district.

CREDIT(S)

Amended by L.1953, c. 5, p. 42, § 46.

Source: L.1922, c. 149, § 2, p. 261 [1924 Suppl. § 7-86b].

 

4:19-4. Use of tax collections to pay claims; handling of fund

The sums of money collected from the tax imposed by virtue of this article shall be appropriated in the annual budget and the taxing ordinance of the taxing district to make good any loss which may be sustained by any person by the destruction or wounding of his sheep, lambs, domestic animals or poultry, except dogs and cats, within the taxing district where the tax is collected and shall be kept as a separate fund for that purpose by the officer having charge of the general funds of the taxing district. The appropriation shall be made by adding to the budget substantially the following words: "Anticipated revenue from tax on dogs, $.........., to be used for payment of claims for damages by dogs to sheep, lambs, domestic animals or poultry."

Claims for damages shall be presented to the governing body as provided in section 4:19-5 of this title, and shall be paid in the order in which they are presented and approved if there is sufficient money in the fund for that purpose.

If there is not sufficient money on hand in the fund, the claims, as and when approved, shall be held and paid as soon as the collections from the tax will permit. If the collections from the tax in any year are not sufficient to pay all the claims presented and approved, there shall be assessed and collected in the following year a tax in addition to the annual tax provided in this article, which shall be sufficient to pay such claims.

Any balance in the fund after all claims for the year which have been presented and approved have been paid, shall be transferred to a special account to be kept separate and apart from any of the other accounts of the municipality. Whenever the fund at the close of any fiscal year of the municipality shall equal the amount received by it from such dog tax for the then next preceding three years, then the surplus over and above such amount shall be paid over by the officer having charge of the general funds of the taxing district to the surplus revenue account of the municipality at the close of the year in which the surplus arises, and the tax provided for in this article need not be assessed for the ensuing fiscal year, or thereafter until the net amount of the special fund has been reduced from such stated amount by the payment of claims presented and approved.

The use of general funds of the municipality to pay claims for damages, or the use of the moneys collected from such dog tax in any other manner than as provided in this article, shall be a misdemeanor.

Source: L.1922, c. 149, § 4, p. 262 [1924 Suppl. § 7-86d], amended by L.1931, c. 204, § 2, p. 505.

 

4:19-5. Claims for and establishment of damages

When any person shall sustain damage by the destruction or wounding of his sheep, lambs, domestic animals or poultry, except dogs and cats, he may take two respectable freeholders of the taxing district wherein the damage was done, who are not related to him, to view the animals or poultry so killed or wounded.

If it shall appear to their satisfaction that the animals or poultry were killed or wounded by a dog or dogs, the freeholders shall make a return or certificate thereof in writing, properly verified, stating the amount of damages such person has sustained. That certificate, together with the properly verified certificate of the person suffering the damage, setting forth the facts of the case in full and the estimate of damages sustained, shall entitle the person damaged to the sum stated therein, to be paid by the governing body of the municipality in conformity with this article; except that if the damages certified appear to the governing body to be excessive, it may require the facts stated, claimed and exhibited to be investigated before it under oath and shall award payment accordingly.

No claim for damages shall be valid unless the certificate is filed with the clerk of the municipality within thirty days after the damage for which claim is made has been sustained.

Source: L.1922, c. 149, § 5, p. 263 [1924 Suppl. § 7-86e].

 

4:19-6. Suit by municipality against owner

If any claim for damage is presented and allowed by the governing body of a municipality, such governing body may institute and maintain an action, in the name and for the benefit of the municipality, in any court of competent jurisdiction, against the owner of the offending dog to recover the amount of damages allowed by such governing body as provided in section 4:19-5 of this title.

Source: L.1922, c. 149, § 7, p. 264 [1924 Suppl. § 7-86g].

 

4:19-7. Effect of article on owner's liability

This article shall not exempt the owner, possessor or harborer of a dog from liability for damage done by it but he is hereby declared to be responsible for such injury. A civil action may be brought by a person for the full amount of the damages sustained by him and in such action it shall not be necessary to prove that the dog was accustomed to commit the injury complained of or a similar injury.

The presentation of a claim for damages to the governing body of a municipality shall constitute a waiver of all claims against the owner.

CREDIT(S)

Amended by L.1953, c. 5, p. 43, § 47.

 

4:19-8. Failure to kill dog found worrying animals or poultry; penalty; triple damages

An owner or person harboring a dog which is found killing, worrying or wounding any sheep, lamb, domestic animal or poultry, who shall, after being informed thereof, fail to kill the dog within twenty-four hours after receiving such information, shall be liable, to any person who shall sue for the same, to a penalty of ten dollars ($10.00), to be recovered with costs by a civil action before the Superior Court and shall also pay triple damages for any injury done.

CREDIT(S)

Amended by L.1953, c. 5, p. 43, § 48; L.1991, c. 91, § 173, eff. April 9, 1991.

 

4:19-9. Right to destroy offending dogs

A person may humanely destroy a dog in self defense, or which is found chasing, worrying, wounding or destroying any sheep, lamb, poultry or domestic animal.

Source: L.1922, c. 149, § 3, p. 261 [1924 Suppl. § 7-86c], L.1926, c. 34, § 4, p. 66.

 

4:19-10 to 4:19-15. Repealed by L.1941, c. 151, p. 506, § 28

 

4:19-15.1. Definitions

As used in P.L.1941, c. 151 (C.4:19-15.1 et seq.):

“Animal rescue organization” means an individual or group of individuals who, with or without salary or compensation, house and care for homeless animals in the home of an individual or in other facilities, with the intent of placing the animals in responsible, more permanent homes as soon as possible.

“Animal rescue organization facility” means the home or other facility in which an animal rescue organization houses and cares for an animal.

“Certified animal control officer” means a person 18 years of age or older who has satisfactorily completed the course of study approved by the Commissioner of Health and Senior Services and the Police Training Commission as prescribed by paragraphs (1) through (3) of subsection a. of section 3 of P.L.1983, c. 525 (C.4:19-15.16a); or who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L.1983, c. 525 for a period of three years before January 17, 1987.

“Dog” means any dog, bitch or spayed bitch.

“Dog of licensing age” means any dog which has attained the age of seven months or which possesses a set of permanent teeth.

“Foster home” means placement of a cat or dog with an individual or group that is not an animal rescue organization for the purpose of temporarily caring for the cat or dog, without the individual or group assuming ownership and with the intent of the individual or group relinquishing the cat or dog to a suitable owner when one is located.

“Kennel” means any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.

“Owner” when applied to the proprietorship of a dog shall include every person having a right of property in that dog and every person who has that dog in his keeping, and when applied to the proprietorship of any other animal, including, but not limited to, a cat, shall include every person having a right of property in that animal and every person who has that animal in his keeping.

“Pet shop” means any place of business which is not part of a kennel, wherein animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.

“Pound” means an establishment for the confinement of dogs or other animals seized either under the provisions of this act or otherwise.

“Shelter” means any establishment where dogs or other animals are received, housed and distributed.

“Sterilize” means to render an animal incapable of reproducing by either spaying or neutering.

Credits
L.1941, c. 151, p. 495, § 1. Amended by L.1978, c. 82, § 1, eff. July 19, 1978; L.1983, c. 525, § 1, eff. Jan. 17, 1984; L.1997, c. 247, § 1, eff. Dec. 8, 1997; L.2011, c. 142, § 1, eff. June 11, 2012.

 

4:19-15.2. Dogs; license and metal registration tag required; placing tag on dog

Any person who shall own, keep or harbor a dog of licensing age shall annually or every third year, in accordance with a 3-year dog license or renewal thereof issued under subsection b. of section 12 of this act (C. 4:19-15.12b), apply for and procure from the clerk of the municipality or other official designated by the governing body thereof to license dogs in the municipality in which he resides, a license and official metal registration tag for each such dog so owned, kept or harbored, and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.

CREDIT(S)

L.1941, c. 151, p. 495, § 2. Amended by L.1981, c. 235, § 1, eff. July 27, 1981; L.1982, c. 203, § 1, eff. Jan. 1, 1983.

 

4:19-15.2a. Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license

No municipal clerk or other official designated by the governing body of any municipality to license dogs therein shall grant any such license and official metal registration tag for any dog unless the owner thereof provides evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Health, Education, and Welfare, or has been certified exempt as provided by regulations of the State Department of Health. Such vaccination shall be repeated at intervals as provided by regulations of the State Department of Health, and shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same. The State Department of Health shall promulgate regulations providing for the recognized duration of immunity, interval of inoculation, certificate of vaccination, certificate of exemption, and such other matters related to this act.

CREDIT(S)

L.1973, c. 263, § 1, eff. Nov. 28, 1973.

 

4:19-15.3. Fees; renewals; expiration date of licenses; "seeing eye", "service" and "hearing ear" dogs; acceptance of license in municipality in others

The person applying for the license and registration tag shall pay the fee fixed or authorized to be fixed in section 12 of this act, [FN1] and the sum of $1.00 for a one-year registration tag or $3.00 for a three-year registration tag for each dog; and for each renewal, the fee for the license and for the registration tag shall be the same as for the original license and tag; and said licenses, registration tags and renewals thereof shall expire no later than June 30 in the year stated on the license; except that this expiration date shall not require a municipality to alter its schedule for administering rabies inoculations to any dog to be licensed and registered; nor shall this expiration date require a municipality to alter its schedule for renewing licenses and registration tags, provided that the registration period precedes June 30. The governing body of a municipality may stagger the expiration of such annual licenses so long as all expirations occur no later than June 30 in the calendar year stated on the license.

Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and such license and tag shall be accepted by all municipalities as evidence of compliance with this section.

Dogs used as guides for blind persons and commonly known as "seeing-eye" dogs, dogs used to assist handicapped persons and commonly known as "service dogs," or dogs used to assist deaf persons and commonly known as "hearing ear" dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.

License forms and uniform official metal registration tags designed by the State Department of Health shall be furnished by the municipality and shall be numbered serially and shall bear the year of issuance and the name of the municipality.

CREDIT(S)

L.1941, c. 151, p. 496, § 3. Amended by L.1966, c. 64, § 1, eff. Jan. 1, 1967; L.1980, c. 46, § 3, eff. June 26, 1980; L.1981, c. 235, § 2, eff. July 27, 1981; L.1982, c. 203, § 2, eff. Jan. 1, 1983; L.1983, c. 40, § 1, eff. Jan. 26, 1983; L.1983, c. 485, § 2, eff. Jan. 17, 1984; L.1996, c. 113, § 1, eff. Sept. 5, 1996.

[FN1] N.J.S.A. § 4:19-15.12.

 

4:19-15.3a. Expiration of licenses; prorated fees; three-year registration tag; renewal of three-year license

Subsequent to the effective date of P.L.1982, c. 203, the provisions of any law to the contrary notwithstanding:

a. All annual licenses required pursuant to the provisions of section 2 of P.L.1941, c. 151 (C. 4:19-15.2), section 3 of P.L.1941, c. 151 (C. 4:19-15.3) and section 8 of P.L.1941, c. 151 (C. 4:19-15.8) shall expire no later than June 30 in the calendar year next following issuance; provided that the license and registration tag fee shall be prorated for any license and registration tag which is valid for longer than 12 months. The governing body of a municipality may stagger the expiration of such annual licenses so long as all expirations occur no later than June 30 in the calendar year next following issuance.

b. Any three-year registration tag issued pursuant to the provisions of section 2 of P.L.1941, c. 151 (C. 4:19-15.2) or section 3 of P.L.1941, c. 151 (C. 4:19-15.3), which is due to expire January 31 of the year of the effective date of this act, shall be valid until June 30 of that year.

Upon renewal of the three-year licenses on June 30 of the calendar year next following issuance, the municipality may assess a fee, in addition to the annual fee, which reflects a prorated portion of the three-year fee for the period January 31 to June 30 preceding renewal.

CREDIT(S)

L.1982, c. 203, § 4, eff. Jan. 1, 1983. Amended by L.1983, c. 40, § 2, eff. Jan. 26, 1983; L.1996, c. 113, § 2, eff. Sept. 5, 1996.

 

4:19-15.3b. Additional fee; dog of reproductive age without permanent alteration of reproductive capacity; disposition

a. In addition to the fee charged pursuant to section 3 of P.L.1941, c. 151 (C. 4:19-15.3) and forwarded to the Department of Health pursuant to section 11 of P.L.1941, c. 151 (C. 4:19-15.11), any person applying for the license and registration tag pursuant to section 2 of P.L.1941, c. 151 (C. 4:19-15.2) shall pay a fee of $3.00 for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization.

b. All fees collected pursuant to the provisions of this section and section 5 of this amendatory and supplementary act [FN1] shall be forwarded to the State Treasurer, for deposit in the "Animal Population Control Fund" created pursuant to section 7 of this act. [FN2]

CREDIT(S)

L.1983, c. 172, § 1.

[FN1] N.J.S.A. § 4:19A-4.

[FN2] N.J.S.A. § 4:19A-6.

 

4:19-15.3c. Additional fee for dogs; disposition

In addition to the fee charged pursuant to section 3 of P.L.1941, c. 151 (C. 4:19-15.3) and forwarded to the Department of Health pursuant to section 11 of P.L.1941, c. 151 (C. 4:19-15.11), any person applying for the license and registration tag pursuant to section 2 of P.L.1941, c. 151 (C. 4:19-15.2) shall pay an additional fee of $0.20 for any dog.

All fees collected pursuant to the provisions of this section shall be forwarded to the State Treasurer to be placed in the "Pilot Clinic Fund" created pursuant to P.L.1983, c. 180 (C.4:19A-10 et seq.), to be used by the Commissioner of Health for the operation of the animal sterilization pilot clinic established pursuant to that act.

CREDIT(S)

L.1983, c. 181, § 1, eff. May 10, 1983.

 

4:19-15.4. Time for applying for license

The owner of any newly-acquired dog of licensing age or of any dog which attains licensing age, shall make application for license and registration tag for such dog within ten days after such acquisition or age attainment.

CREDIT(S)

L.1941, c. 151, p. 496, § 4.

 

4:19-15.5. Application; contents; preservation of information

The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought, whether it is of a long-or short-haired variety, and whether it has been surgically debarked or silenced; also the name, street and post-office address of the owner and the person who shall keep or harbor such dog. The information on the application and the registration number issued for the dog shall be preserved for a period of three years by the clerk or other local official designated to license dogs in the municipality. In addition , the clerk or other local official shall forward to the State Department of Health and Senior Services each month, on forms furnished by the department an accurate account of registration numbers issued or otherwise disposed of. Registration numbers shall be issued in the order of the applications.

CREDIT(S)

L.1941, c. 151, p. 496, § 5. Amended by L.1952, c. 37, p. 129, § 1; L.2002, c. 102, § 7, eff. Nov. 20, 2002.

 

4:19-15.6. Dogs brought into state

Any person who shall bring or cause to be brought into this State any dog licensed in another State for the current year, and bearing a registration tag, and shall keep the same or permit the same to be kept within the State for a period of more than ninety days shall immediately apply for a license and registration tag for each such dog unless such dog be licensed under section eight of this act.

Any person who shall bring or cause to be brought into this State any unlicensed dog and shall keep the same or permit the same to be kept within the State for a period of more than ten days shall immediately apply for a license and registration tag for each such dog unless such dog be licensed under section eight of this act. [FN1]

CREDIT(S)

L.1941, c. 151, p. 497, § 6.

[FN1] N.J.S.A. § 4:19-15.8.

 

4:19-15.7. Removing tag from dog without owner's consent; attaching tag to another dog

No person, except an officer in the performance of his duties shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it was not issued.

CREDIT(S)

L.1941, c. 151, p. 497, § 7.

 

4:19-15.8. License for kennel, pet shop, shelter or pound

a. Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the clerk or other official designated to license dogs in the municipality where such establishment is located, for a license entitling him to keep or operate such establishment.
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the local municipal and health authorities showing compliance with the local and State rules and regulations governing location of and sanitation at such establishments.

b. All licenses issued for a kennel, pet shop, shelter, or pound shall state the purpose for which the establishment is maintained, and all licenses shall expire on the last day of June of each year, and be subject to revocation by the municipality on recommendation of the Department of Health or the local board of health for failure to comply with the rules and regulations of the State department or local board governing the same, after the owner has been afforded a hearing by either the State department or local board, except as provided in subsection c. of this section.
Any person holding a license shall not be required to secure individual licenses for dogs owned by a licensee and kept at the establishments; the licenses shall not be transferable to another owner or different premises.

c. The license for a pet shop shall be subject to review by the municipality, upon recommendation by the Department of Health or the local health authority for failure by the pet shop to comply with the rules and regulations of the State department or local health authority governing pet shops or if the pet shop meets the criteria for recommended suspension or revocation provided under subsection c. or d. of section 5 of P.L.1999, c. 336 (C.56:8-96), after the owner of the pet shop has been afforded a hearing pursuant to subsection e. of section 5 of P.L.1999, c. 336 (C.56:8-96).
The municipality, based on the criteria for the recommendation of the local health authority provided under subsections c. and d. of section 5 of P.L.1999, c. 336 (C.56:8-96), may suspend the license for 90 days or may revoke the license if it is determined at the hearing that the pet shop: (1) failed to maintain proper hygiene and exercise reasonable care in safeguarding the health of animals in its custody or (2) sold a substantial number of animals that the pet shop knew, or reasonably should have known, to be unfit for purchase.

d. The municipality may issue a license for a pet shop that permits the pet shop to sell pet supplies for all types of animals, including cats and dogs, and sell animals other than cats and dogs but restricts the pet shop from selling cats or dogs, or both.

e. Every pet shop licensed in the State shall submit annually and no later than May 1 of each year records of the total number of cats and dogs, respectively, sold by the pet shop each year to the municipality in which it is located, and the municipality shall provide this information to the local health authority.

Credits
L.1941, c. 151, p. 497, § 8. Amended by L.1982, c. 203, § 3, eff. Jan. 1, 1983; L.1999, c. 336, § 6, eff. April 9, 2000; L.2012, c. 17, § 5, eff. June 29, 2012.

 

4:19-15.9. License fees for kennels and pet shops; no fee for shelter or pound

The annual license fee for a kennel providing accommodations for ten or less dogs shall be ten dollars ($10.00) and for more than ten dogs twenty-five dollars ($25.00). The annual license fee for a pet shop shall be ten dollars ($10.00). No fee shall be charged for a shelter or pound.

CREDIT(S)

L.1941, c. 151, p. 498, § 9.

 

4:19-15.10. Kennels, pet shops, shelters or pounds; permitting dogs to go off premises

No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on leash or in a crate or other safe control.

CREDIT(S)

L.1941, c. 151, p. 498, § 10.

 

4:19-15.11. Disposition of fees collected

License fees and other moneys collected or received under the provisions of sections 3, 8, 9 and 16 of this act, [FN1] except registration tag fees, shall be forwarded to the treasurer of the municipality within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the municipality and shall be used for the following purposes only; for collecting, keeping and disposing of dogs liable to seizure under this act or under local dog control ordinances; for local prevention and control of rabies; for providing antirabic treatment under the direction of the local board of health for any person known or suspected to have been exposed to rabies, for payment of damage to or losses of poultry and domestic animals, except dogs and cats, caused by a dog or dogs and for administering the provisions of this act. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this section. At the end of the said third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the municipality any amount then in such account which is in excess of the total amount paid into said special account during the last 2 fiscal years next preceding.

The registration tag fee for each dog shall be forwarded within 30 days after collection by the clerk or other official designated to license dogs to the State Department of Health which department shall forward said sum to the State Treasurer who shall place all such moneys in a special account for use only by the State Department of Health in administering this act and for the prevention and control of rabies throughout the State, and such account is hereby declared to be a trust fund not subject to legislative appropriation. At the end of the third fiscal year following the adoption of this act and at the end of each fiscal year thereafter, there shall be withdrawn from this trust fund and transferred to the general funds of the State any amount then in such fund which is in excess of the total amount paid into such fund during the last 2 fiscal years next preceding.

CREDIT(S)

L.1941, c. 151, p. 498, § 11. Amended by L.1966, c. 64, § 2; L.1981, c. 235, § 3, eff. July 27, 1981.

[FN1] N.J.S.A. §§ 4:19-15.3, 4:19-15.8, 4:19-15.9, and 4:19- 15.16.

 

 

4:19-15.12. License fee may be fixed by ordinance; fee otherwise

a. The governing body of each municipality may, by ordinance, fix the sum to be paid annually for a dog license and each renewal thereof, as required by section 3 of this act, which sum shall be not less than $1.50 or more than $21; provided however, that the governing body may by ordinance, provide for a reduction or waiver of the sum to be paid by an owner who presents a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered. In the absence of any local ordinance, the fee for all dog licenses shall be $1.50.

b. The governing body of each municipality, may, by ordinance, fix the sum to be paid for a 3-year dog license and each renewal thereof, which sum shall be not more than 3 times the sum charged for an annual license under subsection a. of this section. In the absence of such a local ordinance, the license fee for a 3-year dog license shall be $4.50. The Department of Health shall promulgate appropriate regulations concerning veterinarians' certificates for rabies inoculations of dogs for 3-year periods in connection with licenses issued under this subsection.

Credits
L.1941, c. 151, p. 499, § 12. Amended by L.1954, c. 118, p. 594, § 1; L.1966, c. 64, § 3; L.1978, c. 168, § 1, eff. Dec. 22, 1978; L.2007, c. 7, § 1, eff. Jan. 24, 2007; L.2012, c. 17, § 6, eff. June 29, 2012.

 

4:19-15.13. List of licensed kennels, pet shops, shelters and pounds

The clerk or other official designated to license dogs in the municipality shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within thirty days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.

CREDIT(S)

L.1941, c. 151, p. 499, § 13.

 

4:19-15.14. Rules and regulations for kennels, pet shops, shelters and pounds

The State Department of Health shall, within six months of the approval of this act and with the co-operation and assistance of the State Department of Agriculture, prepare and promulgate rules and regulations governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments.

Such rules and regulations shall be enforced by the State Department of Health and by local boards of health.

CREDIT(S)

L.1941, c. 151, p. 500, § 14.

 

4:19-15.15. Canvass of dogs in municipality; report

Any person appointed for the purpose by the governing body of the municipality, shall, either annually or biennially, at the direction of the governing body, cause a canvass to be made of all dogs owned, kept or harbored within the limits of their respective municipalities and shall report, on or before September 1 of the year in which the census is taken, to the clerk or other person designated to license dogs in the municipality and to the local board of health, and to the State Department of Health the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring unlicensed dogs, the number of unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.

CREDIT(S)

L.1941, c. 151, p. 500, § 15. Amended by L.1952, c. 37, p. 129, § 2; L.1973, c. 161, § 1, eff. June 7, 1973; L.1979, c. 442, § 1, eff. Feb. 21, 1980; L.1996, c. 113, § 21, eff. Sept. 5, 1996.

 

4:19-15.16. Impounding or taking dogs or other animals into custody; grounds; notice; destruction or adoption; sale or availability for experimentation prohibited; penalty; reporting of rabid animals

a. The certified animal control officer appointed by the governing body of the municipality shall take into custody and impound any animal, to thereafter be euthanized or offered for adoption, as provided in this section:

(1) Any dog off the premises of the owner or of the person charged with the care of the dog, which is reasonably believed to be a stray dog;

(2) Any dog off the premises of the owner or the person charged with the care of the dog without a current registration tag on its collar or elsewhere;

(3) Any female dog in season off the premises of the owner or the person charged with the care of the dog;

(4) Any dog or other animal which is suspected to be rabid; or

(5) Any dog or other animal off the premises of the owner or the person charged with its care that is reported to, or observed by, a certified animal control officer to be ill, injured, or creating a threat to public health, safety, or welfare, or otherwise interfering with the enjoyment of property.

b. If an animal taken into custody and impounded pursuant to subsection a. of this section has a collar or harness with identification of the name and address of any person, or has a registration tag, or has a microchip with an identification number that can be traced to the owner or person charged with the care of the animal, or the owner or the person charged with the care of the animal is otherwise known, the certified animal control officer shall ascertain the name and address of the owner or the person charged with the care of the animal, and serve to the identified person as soon as practicable, a notice in writing that the animal has been seized and will be liable to be offered for adoption or euthanized if not claimed within seven days after the service of the notice.

c. A notice required pursuant to this section may be served: (1) by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of residence or the address given on the collar, harness, or microchip identification; or (2) by mailing the notice to that person at the person's usual or last known place of residence, or to the address given on the collar, harness or microchip identification.

d. A shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified animal control officer pursuant to subsection a. of this section, or from any other individual, group, or organization, shall hold the animal for at least seven days before offering it for adoption, or euthanizing, relocating, or sterilizing the animal, except if:

(1) the animal is surrendered voluntarily by its owner to the shelter, pound, or kennel operating as a shelter or pound, in which case the provisions of subsection e. of this section shall apply; or

(2) the animal is suspected of being rabid, in which case the provisions of subsection j. of this section shall apply.

e. If a shelter, pound or kennel operating as a shelter or pound is not required to hold an animal for at least seven days pursuant to paragraph (1) of subsection d. of this section, the shelter, pound, or kennel operating as a shelter or pound:

(1) shall offer the animal for adoption for at least seven days before euthanizing it; or

(2) may transfer the animal to an animal rescue organization facility or a foster home prior to offering it for adoption if such a transfer is determined to be in the best interest of the animal by the shelter, pound, or kennel operating as a shelter or pound.

f. Except as otherwise provided for under subsection e. of this section, no shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified animal control officer may transfer the animal to an animal rescue organization facility or a foster home until the shelter, pound, or kennel operating as a shelter or pound has held the animal for at least seven days.

g. If the owner or the person charged with the care of the animal seeks to claim it within seven days, or after the seven days have elapsed but before the animal has been adopted or euthanized, the shelter, pound, or kennel operating as a shelter or pound:

(1) shall, in the case of a cat or dog, release it to the owner or person charged with its care, provided the owner or person charged with the care of the animal provides proof of ownership, which may include a valid cat or dog license, registration, rabies inoculation certificate, or documentation from the owner's veterinarian that the cat or dog has received regular care from that veterinarian;

(2) may, in the case of a cat or dog, charge the cost of sterilizing the cat or dog, if the owner requests such sterilizing when claiming it; and

(3) may require the owner or person charged with the care of the animal to pay all the animal's expenses while in the care of the shelter, pound, or kennel operating as a shelter or pound, not to exceed $4 per day.

h. If the animal remains unclaimed, is not claimed due to the failure of the owner or other person to comply with the requirements of this section, or is not adopted after seven days after the date on which notice is served pursuant to subsection c. of this section or, if no notice can be served, not less than seven days after the date on which the animal was impounded, the impounded animal may be placed in a foster home, transferred to another shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility, or euthanized in a manner causing as little pain as possible and consistent with the provisions of R.S.4:22-19.

i. At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog or other animal taken into custody, impounded, sent or otherwise brought to a shelter, pound, or kennel operating as a shelter or pound shall be sold or otherwise be made available for the purpose of experimentation. Any person who sells or otherwise makes available any such dog or other animal for the purpose of experimentation shall be guilty of a crime of the fourth degree.

j. Any animal seized under this section suspected of being rabid shall be immediately reported to the executive officer of the local board of health and to the Department of Health , and shall be quarantined, observed, and otherwise handled and dealt with as appropriate for an animal suspected of being rabid or as required by the Department of Health for the animals.

k. When a certified animal control officer takes into custody and impounds, or causes to be taken into custody and impounded, an animal, the certified animal control officer may place the animal in the custody of, or cause the animal to be placed in the custody of, only a licensed shelter, pound, or kennel operating as a shelter or pound. The certified animal control officer may not place the animal in the custody of, or cause the animal to be placed in the custody of, any animal rescue organization facility, foster home, or other unlicensed facility. However, the licensed shelter, pound, or kennel operating as a shelter or pound may place the animal in an animal rescue organization facility, foster home, or other unlicensed facility if necessary pursuant to subsection e. or h. of this section.

l. Notwithstanding the provisions of this section and sections 3 and 4 of P.L.2011, c. 142 (C.4:19-15.30 and C.4:19-15.31) to the contrary, no cat or dog being transferred between shelters, pounds, or kennels operating as shelters or pounds, or being transferred to an animal rescue organization facility or placed in a foster home, shall be required to be sterilized prior to that transfer.

Credits
L.1941, c. 151, p. 500, § 16. Amended by L.1959, c. 33, p. 126, § 1; L.1973, c. 161, § 2, eff. June 7, 1973; L.1974, c. 69, § 1, eff. July 29, 1974; L.1977, c. 231, § 2, eff. Sept. 20, 1977; L.1978, c. 186, § 1, eff. Jan. 9, 1979; L.1983, c. 525, § 2, eff. Jan. 17, 1984; L.1987, c. 376, § 1, eff. Jan. 7, 1988; L.1997, c. 324, § 1, eff. Jan. 8, 1998; L.2011, c. 142, § 2, eff. June 11, 2012; L.2012, c. 17, § 7, eff. June 29, 2012.

Editors' Notes
ASSEMBLY ENERGY AND NATURAL RESOURCES COMMITTEE STATEMENT
Assembly, No. 4036--L.1987, c. 376
The Assembly Energy and Natural Resources Committee favorably reports Assembly Bill No. 4036 of 1987. This bill clarifies that an animal taken into custody and impounded by a person appointed by a municipality to do so may offer the animal for adoption after a seven-day period. Although this has been the practice in the past, a recent court ruling questioned whether adoption is a legal option for these impounded animals. If adoption is not allowed then the only option available to a pound or shelter would be the destruction of the animal after seven days. This bill also provides that upon adoption the right of ownership will transfer to the new owner. The court case had held that a new owner held title to the animal subject to the original owner's claim to recover the animal. This bill also broadens the seven-day grace period for destruction or adoption to apply to any animal, as opposed to being limited to dogs. This gives additional protection from destruction and the availability of adoption to other animals such as cats.
Notes of Decisions (2)

 

4:19-15.16a. Animal control officers; certification

a. The Commissioner of Health shall, within 120 days after the effective date of P.L.1983, c. 525, and pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 (C.52:14B-1 et seq.), adopt rules and regulations concerning the training and educational qualifications for the certification of animal control officers, including, but not limited to, a course of study approved by the commissioner and the Police Training Commission, in consultation with the New Jersey Certified Animal Control Officers Association, which acquaints a person with:

(1) The law as it affects animal control, animal welfare, and animal cruelty;

(2) Animal behavior and the handling of stray or diseased animals;

(3) Community safety as it relates to animal control; and

(4) The law enforcement methods and techniques required for an animal control officer to properly exercise the authority to investigate and sign complaints and arrest without warrant pursuant to section 8 of P.L.1997, c. 247 (C.4:19-15.16c), including, but not limited to, those methods and techniques which relate to search, seizure, and arrest. The training in law enforcement methods and techniques described pursuant to this paragraph shall be part of the course of study for an animal control officer only when required by the governing body of a municipality pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b).

Any person 18 years of age or older may satisfy the courses of study established pursuant to this subsection at that person's own time and expense; however, nothing in this section shall be construed as authorizing a person to exercise the powers and duties of an animal control officer absent municipal appointment or authorization pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b).

b. (1) The commissioner shall provide for the issuance of a certificate to a person who possesses, or acquires, the training and education required to qualify as a certified animal control officer pursuant to paragraphs (1) through (3) of subsection a. of this section and to a person who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L.1983, c. 525, for a period of three years before January 17, 1987. The commissioner shall not issue a certificate to any person convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes.
(2) The commissioner shall revoke the certificate of any person convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes, and shall place the name of the person on the list established pursuant to subsection c. of this section.

c. (1) The commissioner shall establish a list of all persons issued a certificate pursuant to subsection b. of this section (a) for whom that certificate has been revoked, or (b) who have been convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes. The commissioner shall provide each municipality in the State with a copy of this list within 30 days after the list is established and not less often than annually thereafter if no revised list required pursuant to paragraph (2) of this subsection has been issued in the interim.

(2) Upon receipt of a notice required pursuant to section 3 or 4 of P.L.2003, c. 67 (C.4:22-57 or C.2B:12-17.1) involving a person who has been issued a certificate pursuant to subsection b. of this section, the commissioner shall add to the list the name of the person convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes according to the notice, and shall issue a copy of the revised list to each municipality within 30 days after receipt of any notice.

Credits
L.1983, c. 525, § 3, eff. Jan. 17, 1984. Amended by L.1997, c. 247, § 2, eff. Dec. 8, 1997; L.2003, c. 67, § 1, eff. May 5, 2003; L.2012, c. 17, § 8, eff. June 29, 2012.

 

4:19-15.16b. Animal control officers; appointment

The governing body of a municipality shall, within three years of the effective date of P.L.1983, c. 525, appoint a certified animal control officer who shall be responsible for animal control within the jurisdiction of the municipality and who shall enforce and abide by the provisions of section 16 of P.L.1941, c. 151 (C.4:19-15.16). The governing body shall not appoint a certified animal control officer, shall not contract for animal control services with any company that employs a certified animal control officer, and shall revoke the appointment of a certified animal control officer, who has been convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes or whose name is on the list or any revision thereto established and provided by the Commissioner of Health pursuant to subsection c. of section 3 of P.L.1983, c. 525 (C.4:19-15.16a). The governing body shall, within 30 days after receipt thereof, review any such list or revision thereto received by the municipality and shall, within that 30-day period, take action accordingly as required pursuant to this section.

The governing body may authorize the certified animal control officer to investigate and sign complaints, arrest violators, and otherwise act as an officer for detection, apprehension, and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State, and ordinances of the municipality, if the officer has completed the training required pursuant to paragraph 4 of subsection a. of section 3 of P. L.1983, c. 525 (C.4:19-15.16a). Only certified animal control officers who have completed the training may be authorized by the governing body to so act as an officer for detection, apprehension, and arrest of offenders; however, officers who have completed the training shall not have the authority to so act unless authorized by the governing body which is employing the officer or contracting for the officer's services.

Credits
L.1983, c. 525, § 4, eff. Jan. 17, 1984. Amended by L.1997, c. 247, § 3, eff. Dec. 8, 1997; L.2000, c. 17, § 1, eff. April 28, 2000; L.2003, c. 67, § 2, eff. Nov. 1, 2003; L.2012, c. 17, § 9, eff. June 29, 2012.

 

4:19-15.16c. Powers and authority of animal control officers

A certified animal control officer authorized pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b) shall have the power and authority, within the jurisdiction of the municipality or other entity employing, or contracting for, the animal control officer to:

a. Enforce all laws or ordinances enacted for the protection of animals, including, but not limited to, animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality;

b. Investigate and sign complaints concerning any violation of an animal control, animal welfare or animal cruelty law of the State or ordinance of the municipality; and

c. Act, by virtue of the officer's appointment or employment and in addition to any other power and authority, as an officer for the detection, apprehension and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality.

Upon a request for assistance by a municipality or other entity that does not employ, or contract for, the certified animal control officer, a certified animal control officer may, within the jurisdiction of that municipality or other entity making the request, exercise the powers and authority granted pursuant to this section.

CREDIT(S)

L.1997, c. 247, § 8, eff. Dec. 8, 1997.

 

4:19-15.16d. Complaints, summons or warrants; copies to Prevention of Cruelty to Animals Society

A certified animal control officer who signs a complaint, issues a summons, makes an arrest, or otherwise acts pursuant to his authority pursuant to P.L.1983, c. 525, R.S.4:22-44, or section 8 of P.L.1997, c. 247(C. 4:19-15.16c) shall forward within five business days a copy of that complaint, summons, or arrest warrant or report to the New Jersey Society for the Prevention of Cruelty to Animals and shall forward a report of any related court action within thirty calendar days of final disposition.

CREDIT(S)

L.1997, c. 247, § 9, eff. Dec. 8, 1997.

 

4:19-15.17. Seizure of dogs, going on premises for

Any officer or agent authorized or empowered to perform any duty under this act is hereby authorized to go upon any premises to seize for impounding any dog or dogs which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if said owner is present and forbids the same.

CREDIT(S)

L.1941, c. 151, p. 502, § 17.

 

4:19-15.18. Interfering with persons performing duties under act

No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this act.

CREDIT(S)

L.1941, c. 151, p. 502, § 18.

 

4:19-15.19. Violations of act or rules; penalty

Except as otherwise provided in this act, any person who violates or who fails or refuses to comply with sections 2, 4, 6, 7, 8, 10, or 18 of this act[FN1] or the rules and regulations promulgated by the Department of Health pursuant to section 14 of this act,[FN2] shall be liable to a penalty of not less than $5.00 nor more than $50 for each offense, to be recovered by and in the name of the Commissioner of Health , or by and in the name of the local board of health of the municipality, or by and in the name of the municipality, as the case may be, except that for the first offense in cases of violations of sections 2, 4, and 6 of this act,[FN3] the penalty shall be not less than $1.00 nor more than $50, to be recovered in the same manner.

Credits
L.1941, c. 151, p. 502, § 19. Amended by L.1942, c. 132, p. 417, § 1; L.1974, c. 69, § 2, eff. July 29, 1974; L.2012, c. 17, § 10, eff. June 29, 2012.

Footnotes
[FN1] N.J.S.A. §§ 4:19-15.2, 4:19-15.4, 4:19-15.6, 4:19-15.7, 4:19-15.8, 4:19-15.10 and 4:19-15.18.
[FN2]  N.J.S.A. § 4:19-15.14.
[FN3] N.J.S.A. §§ 4:19-15.2, 4:19-15.4 and 4:19-15.6.

 

4:19-15.20. Penalty to be paid to plaintiff; disposition

Any penalty recovered in an action brought under the provisions of this act shall be paid to the plaintiff therein. When the plaintiff is the Commissioner of Health , the penalty shall be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health the penalty shall be paid by the local board into the treasury of the municipality within which the local board has jurisdiction.

Credits
L.1941, c. 151, p. 502, § 20. Amended by L.2012, c. 17, § 11, eff. June 29, 2012.

 

4:19-15.21. Jurisdiction of proceedings for violations; penalties

The Superior Court and the municipal courts shall have jurisdiction to hear and determine in a summary manner proceedings for violations of any of the provisions of this act. Penalties for such violations shall be enforced and recovered pursuant to "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.) at the suit of the Commissioner of Health of the State of New Jersey or of the local board of health or the municipality. Process shall be either in the nature of a summons or warrant.

CREDIT(S)

L.1941, c. 151, p. 502, § 21. Amended by L.1953, c. 5, p. 43, § 49; L.1991, c. 91, § 174, eff. April 9, 1991.

 

4:19-15.22. Repealed by L.1953, c. 5, p. 44, § 50

 

4:19-15.23. Refusal to pay judgment; confinement in jail

The court shall cause a defendant who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto, to be committed to the county jail for a period not exceeding ten days in the case of a first conviction, and in the case of a conviction for a second, subsequent or continuing violation, for a period not exceeding thirty days.

CREDIT(S)

L.1941, c. 151, p. 504, § 23.

 

4:19-15.24, 4:19-15.25. Repealed by L.1953, c. 5, p. 44, §§ 51, 52

 

4:19-15.26. Repealed by Laws 1973, c. 263, § 2, eff. Nov. 28, 1973

 

4:19-15.27. Act inapplicable to veterinarians' establishments

No provision of this act shall be construed to apply to any establishment wherein or whereon dogs are received or kept for diagnostic, medical, surgical, or other treatments, owned by and operated under the immediate supervision of a graduate veterinarian licensed in the State of New Jersey.

CREDIT(S)

L.1941, c. 151, p. 506, § 27.

 

4:19-15.28. Statutes repealed

Sections 4:19-10, 4:19-11, 4:19-12, 4:19-13, 4:19-14, 4:19-15, 40:52- 5, 40:52-6 of the Revised Statutes are hereby repealed.

CREDIT(S)

L.1941, c. 151, p. 506, § 28.

 

4:19-15.29. Effective date

This act shall take effect November first, one thousand nine hundred and forty-one.

CREDIT(S)

L.1941, c. 151, p. 506, § 29.

 

Title 4. Agriculture and Domestic Animals.  Chapter 19. Dogs, Taxation and Liability for Injuries Caused by.  Article 1. Taxes and Use Thereof; Injuries to Animals and Poultry.  Title 4. Agriculture and Domestic Animals.

4:19-16. Liability of owner regardless of viciousness of dog

The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.

For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof.

Source: L.1933, c. 427, § 1, p. 1147.

 

4:19-17. Legislative findings and declarations

The Legislature finds and declares that certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this State by virtue of their unprovoked attacks on, and associated injury to, individuals and other animals; that these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; that existing laws at the local level inadequately address this problem; and that it is therefore appropriate and necessary to impose a uniform set of State requirements on the owners of vicious or potentially dangerous dogs.

CREDIT(S)

L.1989, c. 307, § 1, eff. Jan. 12, 1990.

 

4:19-18. Definitions

As used in this act:

"Animal control officer" means a certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the municipality or his designee.

"Department" means the Department of Health.

"Dog" means any dog or dog hybrid.

"Domestic animal" means any cat, dog, or livestock other than poultry.

"Potentially dangerous dog" means any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to section 7 of P.L.1989, c. 307 (C. 4:19-23).

"Vicious dog" means any dog or dog hybrid declared vicious by a municipal court pursuant to section 6 of P.L.1989, c. 307 (C. 4:19-22).

CREDIT(S)

L.1989, c. 307, § 2, eff. Jan. 12, 1990. Amended by L.1994, c. 187, § 1.

 

4:19-19. Seizure and impoundment of dog by animal control officer; grounds

An animal control officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:

a. attacked a person and caused death or serious bodily injury as defined in N.J.S. 2C:11-1(b) to that person;

b. caused bodily injury as defined in N.J.S.2C:11-1(a) to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;

c. engaged in dog fighting activities as described in R.S.4:22-24 and R.S.4:22-26; or

d. has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the municipal health officer, the dog may be impounded in a facility or other structure agreeable to the owner.

CREDIT(S)

L.1989, c. 307, § 3, eff. Jan. 12, 1990.

 

4:19-20. Notice of seizure and impoundment; determination of identity of owner; notice of hearing; return of statement by owner; destruction of dog

a. The animal control officer shall notify the municipal court and the municipal health officer immediately that he has seized and impounded a dog pursuant to section 3 of P.L.1989, c. 307 (C. 4:19-19), or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The animal control officer shall through a reasonable effort attempt to determine the identity of the owner of any dog seized and impounded pursuant to section 3 of P.L.1989, c. 307. If its owner cannot be identified within seven days, that dog may be humanely destroyed.

b. The animal control officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to section 3 of P.L.1989, c. 307 (C. 4:19-19), notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment, and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted or, if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter, or does not reply to the certified letter with a signed statement within seven days of receipt, the dog may be humanely destroyed.

CREDIT(S)

L.1989, c. 307, § 4, eff. Jan. 12, 1990. Amended by L.1994, c. 187, § 2.

 

4:19-21. Repealed by L.1994, c. 187, § 13, eff. Dec. 23, 1994

 

4:19-21.1. Agreement between municipality and dog owner; settlement and disposition; liability of municipality; legal expenses

Notwithstanding any provision in P.L.1989, c. 307 (C. 4:19-17 et seq.) to the contrary, the municipality and the owner of the dog may settle and dispose of the matter at any time in such manner and according to such terms and conditions as may be mutually agreed upon. Notwithstanding any provision of P.L.1989, c. 307 to the contrary, no municipality or any of its employees shall have any liability by virtue of having entered into any settlement agreement pursuant to this section, or for any action or inaction related to the entry into such agreement, for any injuries or damages caused thereafter by the dog. The municipality may, as a condition of the settlement agreement, also require that the owner of the dog hold the municipality harmless for any legal expenses or fees the municipality may incur in defending against any cause of action brought against the municipality notwithstanding the prohibition against such causes of action set forth in this section.

CREDIT(S)

L.1994, c. 187, § 12.

 

4:19-22. Finding to declare dog vicious; grounds

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.

CREDIT(S)

L.1989, c. 307, § 6, eff. Jan. 12, 1990. Amended by L.1994, c. 187, § 3.

 

4:19-23. Finding to declare dog potentially dangerous

a. The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:

(1) caused bodily injury as defined in N.J.S.2C:11-1(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person, or

(2) severely injured or killed another domestic animal, and

(a) poses a threat of serious bodily injury or death to a person; or

(b) poses a threat of death to another domestic animal, or

(3) has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

b. A dog shall not be declared potentially dangerous for:

(1) causing bodily injury as defined in N.J.S.2C:11-1(a) to a person if the dog was provoked, or

(2) severely injuring or killing a domestic animal if the domestic animal was the aggressor.

For the purposes of paragraph (1) of this subsection, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

CREDIT(S)

L.1989, c. 307, § 7, eff. Jan. 12, 1990. Amended by L.1994, c. 187, § 4; L.2002, c. 24, § 1, eff. June 11, 2002.

 

4:19-24. Order and schedule for compliance for potentially dangerous dog; conditions

If the municipal court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:

a. shall require the owner to comply with the following conditions:

(1) to apply, at his own expense, to the municipal clerk or other official designated to license dogs pursuant to section 2 of P.L.1941, c. 151 (C. 4:19-15.2), for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to section 14 of this act. [FN1] The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number, and red identification tag;

(2) to display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to paragraph (3) of this subsection;

(3) to immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained, which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six feet in height separated by at least three feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or other person. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the animal control officer and having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three feet from the owner and under the direct supervision of the owner;

b. may require the owner to maintain liability insurance in an amount determined by the municipal court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the owner resides to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

[FN1] N.J.S.A. § 4:19-30.

CREDIT(S)

L.1989, c. 307, § 8, eff. Jan. 12, 1990. Amended by L.1994, c. 187, § 5.

 

4:19-25. Procedures for appeal

The owner of the dog, or the animal control officer in the municipality in which the dog was impounded, may appeal any final decision, order, or judgment, including any conditions attached thereto, of a municipal court pursuant to P.L.1989, c. 307 (C. 4:19-17 et seq.) by filing an appeal with the Superior Court, Law Division, in accordance with the Rules Governing The Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction.

CREDIT(S)

L.1989, c. 307, § 9, eff. Jan. 12, 1990. Amended by L.1994, c. 187, § 6.

 

4:19-26. Liability of owner for costs of impoundment and destruction

a. If a dog is declared vicious or potentially dangerous, and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the municipality in which the dog is impounded for the costs and expenses of impounding and destroying the dog. The municipality may establish by ordinance a schedule of these costs and expenses. The owner shall incur the expense of impounding the dog in a facility other than the municipal pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.

b. If the dog has bitten or exposed a person within 10 days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.

CREDIT(S)

L.1989, c. 307, § 10, eff. Jan. 12, 1990. Amended by L.1994, c. 187, § 7.

 

4:19-27. Right to convene hearing for subsequent actions of dog

If the municipal court finds that the dog is not vicious or potentially dangerous, the municipal court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog.

CREDIT(S)

L.1989, c. 307, § 11, eff. Jan. 12, 1990. Amended by L.1994, c. 187, § 8.

 

4:19-28. Duties of owner of potentially dangerous dog

The owner of a potentially dangerous dog shall:

a. comply with the provisions of P.L.1989, c. 307 (C. 4:19-17 et seq.) in accordance with a schedule established by the municipal court, but in no case more than 60 days subsequent to the date of determination;

b. notify the licensing authority, local police department or force, and the animal control officer if a potentially dangerous dog is at large, or has attacked a human being or killed a domestic animal;

c. notify the licensing authority, local police department or force, and the animal control officer within 24 hours of the death, sale or donation of a potentially dangerous dog;

d. prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous;

e. upon the sale or donation of the dog to a person residing in a different municipality, notify the department and the licensing authority, police department or force, and animal control officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner; and

f. in addition to any license fee required pursuant to section 3 of P.L.1941, c. 151 (C. 4:19-15.3), pay a potentially dangerous dog license fee to the municipality as provided by section 15 of P.L.1989, c. 307 (C. 4:19-31).

CREDIT(S)

L.1989, c. 307, § 12, eff. Jan. 12, 1990. Amended by L.1994, c. 187, § 9.

 

4:19-29. Violations by owner; penalties; enforcement; seizure and impoundment of dog; destruction by order of court

The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this act, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court's order shall be subject to a fine of not more than $1,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The municipal court shall have jurisdiction to enforce this section. An animal control officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of P.L.1989, c. 307 (C. 4:19-17 et seq.), or any rule or regulation adopted pursuant thereto, or a court's order. The municipal court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.

CREDIT(S)

L.1989, c. 307, § 13, eff. Jan. 12, 1990. Amended by L.1994, c. 187, § 10.

 

4:19-30. Potentially dangerous dog registration number, red identification tag and license; issuance; telephone number to report violations; publicity

Each municipality shall:

a. issue a potentially dangerous dog registration number and red identification tag along with a municipal potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the animal control officer that he has complied with the court's orders. The last three digits of each potentially dangerous dog registration number issued by a municipality will be the three number code assigned to that municipality in the regulations promulgated pursuant to section 17 of P.L.1989, c. 307 (C. 4:19-33). The animal control officer shall verify, in writing, compliance to the municipal clerk or other official designated to license dogs in the municipality;

b. publicize a telephone number for reporting violations of this act. This

CREDIT(S)

L.1989, c. 307, § 14, eff. Jan. 12, 1990. Amended by L.1994, c. 187, § 11.

 

4:19-31. Fees for license

Every municipality may, by ordinance, fix the sum to be paid annually for a potentially dangerous dog license and each renewal thereof, which sum shall not be less than $150 nor more than $700. In the absence of any local ordinance, the fee for all potentially dangerous dog licenses shall be $150.

CREDIT(S)

L.1989, c. 307, § 15, eff. Jan. 12, 1990.

 

4:19-32. Inspection to determine continuing compliance

The animal control officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with paragraphs (2) and (3) of subsection a. of section 8 of this act. [FN1]

[FN1] N.J.S.A. § 4:19-24.

CREDIT(S)

L.1989, c. 307, § 16, eff. Jan. 12, 1990.

 

4:19-33. Regulations establishing uniform statewide system for municipal registration of potentially dangerous dogs

The department shall promulgate regulations establishing a uniform Statewide system for municipal registration of potentially dangerous dogs. The regulations shall assign each municipality or other authority registering potentially dangerous dogs a three number code. This three number code shall comprise the last three digits of each registration number issued by that municipality or authority for potentially dangerous dogs and shall be preceded on each dog's identification by a number sequentially issued by the municipality.

CREDIT(S)

L.1989, c. 307, § 17, eff. Jan. 12, 1990.

 

4:19-34. Acts deemed exercise of government function; application of Tort Claims Act

Any action undertaken pursuant to the provisions of this act shall be deemed to be an exercise of a government function and shall be subject to the provisions of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq.

CREDIT(S)

L.1989, c. 307, § 18, eff. Jan. 12, 1990.

 

4:19-35. Deposit and use of fines and fees

All fines and fees collected or received by the municipality pursuant to sections 13 and 15 of this act [FN1] shall be deposited in a special account and used by the municipality to administer and enforce the provisions of this act.

[FN1] N.J.S.A. §§ 4:19-29 and 4:19-31.

CREDIT(S)

L.1989, c. 307, § 20, eff. Jan. 12, 1990.

 

4:19-36. Supersedure of local law, ordinance or regulation

The provisions of this act shall supersede any law, ordinance, or regulation concerning vicious or potentially dangerous dogs, any specific breed of dog, or any other type of dog inconsistent with this act enacted by any municipality, county, or county or local board of health.

CREDIT(S)

L.1989, c. 307, § 21, eff. Jan. 12, 1990.

 

4:19-37. Inapplicability of act to dogs used for law enforcement activities

The provisions of this act shall not apply to dogs used for law enforcement activities.

CREDIT(S)

L.1989, c. 307, § 22, eff. Jan. 12, 1990.

 

4:19-38. Unauthorized debarking or silencing of a dog

A person who surgically debarks or silences a dog, or causes the surgical debarking or silencing of a dog, for reasons other than to protect the life or health of the dog as deemed necessary by a duly licensed veterinarian shall be guilty of a crime of the third degree.

CREDIT(S)

L.2002, c. 102, § 1, eff. Nov. 20, 2002.

 

4:19-39. Persons authorized

No person other than a duly licensed veterinarian may surgically debark or silence a dog. A person who violates this section shall be guilty of a crime of the third degree.

CREDIT(S)

L.2002, c. 102, § 2, eff. Nov. 20, 2002.

 

4:19-40. Seizure and custody of dog; disposition; costs

a. A dog that has been surgically debarked or silenced may be seized at the time of arrest of a person charged with violating section 1 or 2 of P.L.2002, c.102 (C.4:19-38 or 4:19-39), or at any time thereafter, and, upon seizure and pending final determination of the charges, shall be kept and cared for in a humane manner by an appropriate and qualified individual or entity as directed by the court.

b. If a person is found guilty of violating section 1 or 2 of P.L.2002, c.102 (C.4:19-38 or 4:19-39), the court may order forfeiture of a dog seized pursuant to subsection a. of this section for such disposition as the court deems appropriate.

c. The costs of sheltering, feeding, caring for, and treating a dog seized pursuant to subsection a. or forfeited pursuant to subsection b. of this section, including any veterinary expenses incurred for the provision of any of those services and any other reasonably related expenses incurred, shall be borne by the person found guilty of violating section 1 or 2 of P.L.2002, c.102 (C.4:19-38 or 4:19-39).

CREDIT(S)

L.2002, c. 102, § 3, eff. Nov. 20, 2002.

 

4:19-41. Veterinarian's written statement; penalty

Whenever a duly licensed veterinarian surgically debarks or silences a dog, the veterinarian shall prepare and file a written statement with the Department of Health setting forth the veterinary basis for administering the surgery and providing the name and address of the owner, keeper or harborer of the debarked or silenced dog. A veterinarian who fails to comply with the provisions of this section shall be subject to disciplinary action by the State Board of Veterinary Medical Examiners.

Credits
L.2002, c. 102, § 4, eff. Nov. 20, 2002. Amended by L.2012, c. 17, § 14, eff. June 29, 2012.

 

4:19-42. Licensing procedure; penalty; disclosure

a. No municipal clerk or other official designated by the governing body of any municipality to license dogs therein shall grant any such license and official metal registration tag for any dog unless the owner thereof when applying for the license and registration tag indicates whether the dog has been surgically debarked or silenced.

b. A person who knowingly provides false information on a dog license application as to whether a dog has been surgically debarked or silenced shall be guilty of a disorderly persons offense.

c. The municipal clerk or other official designated by the governing body of any municipality to license dogs therein may, upon request of any law enforcement officer or municipal animal control officer, provide notice thereto of the name and address of any person indicating on a dog license application the possession of a surgically debarked or silenced dog.

CREDIT(S)

L.2002, c. 102, § 5, eff. Nov. 20, 2002.

 

4:19-43. Disclosure to prospective owners; penalty

An owner, keeper or harborer of a dog that has been surgically debarked or silenced shall, prior to selling or donating the dog, inform the prospective owner that the dog has been surgically debarked or silenced. A person who violates this section shall be guilty of a petty disorderly persons offense.

CREDIT(S)

L.2002, c. 102, § 6, eff. Nov. 20, 2002.

 

Title 4. Agriculture and Domestic Animals.  Chapter 19A. Animal Population Control.

 

4:19A-1. Program; purpose

The department shall establish and implement an Animal Population Control Program (hereinafter referred to as the "program"). The purpose of this program shall be to reduce the population of unwanted and stray dogs and cats by encouraging the owners of dogs and cats to have them permanently sexually sterilized, thereby reducing potential threats to public health and safety posed by the growing population of these unwanted and stray animals, and by providing low-cost animal sterilization services to owners meeting at least one of the criteria of need enumerated in section 3 of this act. [FN1]

[FN1] N.J.S.A. § 4:19A-2.

CREDIT(S)

L.1983, c. 172, § 2.

 

4:19A-2. Eligibility of owner of dog or cat to participate

In order to be eligible to participate in the program, an owner of a dog or cat shall be eligible for, and participate in, at least one of the following:

a. The Food Stamp Program authorized by Title XIII of the Food and Agriculture Act of 1977, Pub.L. 95-113 (7 U.S.C. § 2011 et seq.);

b. The Supplemental Security Income Program established pursuant to Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.;

c. The program for aid to families with dependent children, pursuant to P.L.1959, c. 86 (C. 44:10-1 et seq.);

d. The program for general public assistance, pursuant to the provisions of the "General Public Assistance Law," P.L.1947, c. 156 (C. 44:8-107 et seq.);

e. The program of medical assistance pursuant to P.L.1968, c. 413 (C. 30:4D-1 et seq.);

f. The program of "Pharmaceutical Assistance to the Aged and Disabled," established pursuant to P.L.1975, c. 194 (C. 30:4D-20 et seq.);

g. The rental assistance program authorized pursuant to section 8 of the United States Housing Act of 1937 as added by the Housing and Community Development Act of 1974, Pub.L. 93-383 (42 U.S.C. § 1437(f));

h. The "Lifeline Credit Program" established pursuant to P.L.1979, c. 197 (C. 48:2-29.15 et seq.); or

i. The "Tenants' Lifeline Assistance Program" established pursuant to P.L.1981, c. 210 (C. 48:2-29.30 et seq.).

A resident of New Jersey who owns a dog or cat shall also be eligible to participate in the program if the owner: (1) submits to a veterinarian participating in the program proof, in the form of a certificate of adoption, that the dog or cat was adopted from a New Jersey licensed animal shelter, a New Jersey municipal, county, or regional pound, or a New Jersey holding and impoundment facility that contracts with New Jersey municipalities, or proof that the dog or cat was adopted through a non-profit corporation operating an animal adoption referral service in New Jersey and whose holding facility is licensed in accordance with State and municipal law; or proof that the dog or cat was adopted through a non-profit corporation operating an animal adoption referral service in New Jersey that does not operate a holding facility; and, in the case of a dog, proof that the dog is duly licensed pursuant to State and municipal law; and (2) pays a $20 fee, to be deposited in the fund. The Department of Health may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), such rules and regulations as may be necessary to implement this amendatory act.

CREDIT(S)

L.1983, c. 172, § 2. Amended by L.1986, c. 192, § 1, eff. Dec. 17, 1986; L.1989, c. 238, § 1, eff. Jan. 2, 1990; L.1991, c. 405, § 1, eff. Jan. 17, 1992.

 

4:19A-3. Submission of animal for spaying or neutering; proof of eligibility; consent form; fee; disposition

Any person submitting a dog or cat, pursuant to the provisions of this act, for spaying or neutering, as the case may be, shall:

a. Furnish any licensed veterinarian of this State participating in the program with proof that the owner meets at least one of the eligibility criteria pursuant to the provisions of section 3 of this amendatory and supplementary act; [FN1]

b. Sign a consent form certifying that the person is the owner of the dog or cat, or is authorized by the owner to present the dog or cat for the procedure; and

c. Pay a fee of $10.00, which fee shall be forwarded to the commissioner for deposit in the "Animal Population Control Fund".

[FN1] N.J.S.A. § 4:19A-2.

CREDIT(S)

L.1983, c. 172, § 4.

 

4:19A-4. Veterinarians; participation in program; application; reimbursement for animal sterilization procedure and presurgical immunization

a. Any licensed veterinarian of this State may participate in the program upon filing with the commissioner an application therefor, on forms prescribed by the commissioner, which application shall supply, in addition to any other information requested by the commissioner, an animal sterilization fee schedule listing the fees charged for animal sterilization in the normal course of business. These fees may vary with the animal's weight, sex and species. The commissioner may, however, disqualify from participation in the program any veterinarian whose fees are deemed unreasonable.

b. The commissioner shall, to the extent that moneys are available therefor from the "Animal Population Control Fund," reimburse participating veterinarians for 80% of the fee for each animal sterilization procedure administered, upon the submission of an animal sterilization certificate, prescribed by the commissioner, signed by the veterinarian and the owner of the animal, for each sterilization procedure.

c. The commissioner shall reimburse from the fund any licensed veterinarian of this State participating in the program for the presurgical immunization of dogs against distemper, hepatitis, leptospirosis, and parvovirus, or the presurgical immunization of cats against feline panleukopenia, calici, pneumonitis and rhinotracheitis, as the case may be, which immunization shall be administered at least 10 days prior to reproductive surgery, on animals not previously immunized. The reimbursement shall be for no more than $10.00 upon the written certification, signed by the veterinarian and the owner of the animal, that the immunization has been administered.

CREDIT(S)

L.1983, c. 172, § 5.

 

4:19A-5. Solicitation and acceptance of funds; animal population control fund; deposits; use

a. The commissioner may solicit and accept funds from any public or private source to help carry out the provisions of P.L.1983, c. 172 (C. 4:19A-1 et al.).

b. All fees collected pursuant to section 1 of P.L.1983, c. 172 (C. 4:19- 15.3b) and sections 3 and 4 of P.L.1983, c. 172 (C. 43:19A-2 and C. 4:19A-3), all moneys from the application and renewal fees collected for animal welfare license plates issued pursuant to P.L.1993, c. 184 (C. 39:3-27.55 et seq.), and all moneys received pursuant to subsection a. of this section, shall be placed in a special fund to be known as the "Animal Population Control Fund," which shall be separate from the General State Fund. All moneys in the "Animal Population Control Fund" shall be used by the commissioner exclusively for the implementation and promotion of the program and for the costs associated with the administration of P.L.1983, c. 172 (C. 4:19A-1 et al.), except as provided in subsection c. of this section.

c. Moneys deposited into the fund generated by the collection of application fees for animal welfare license plates issued pursuant to P.L.1993, c. 184 (C. 39:3-27.55 et seq.) shall be utilized by the commissioner to reimburse the Division of Motor Vehicles for all costs incurred by the division, as certified by the director, of producing, issuing, renewing, and publicizing the availability of animal welfare license plates.

No moneys deposited in the "Animal Population Control Fund," established in subsection b. of this section, except for the moneys generated by the collection of application fees for animal welfare license plates issued pursuant to P.L.1993, c. 184 (C. 39:3-27.55 et seq.), shall be utilized by the Department of Health or the Division of Motor Vehicles for any expenses, administrative or otherwise, related to the animal welfare license plates, or the advertising and publicizing thereof, including, but not limited to notices, posters and signs to be circulated or posted by the department or the division.

d. The director shall annually certify to the commissioner the average cost per license plate incurred in the immediately preceding year by the division in producing, issuing, renewing, and publicizing the availability of animal welfare license plates. The annual certification of the average cost per license plate shall be approved by the Joint Budget Oversight Committee, or its successor.

e. In the event that the average cost per license plate as certified by the director and approved by the Joint Budget Oversight Committee, or its successor, is greater than the $50 application fee established in subsection b. of section 1 of P.L.1993, c. 184 (C. 39:3-27.55) in two consecutive fiscal years, the director may discontinue the issuance of animal welfare license plates.

CREDIT(S)

L.1983, c. 172, § 6. Amended by L.1993, c. 184, § 5, eff. Jan. 6, 1994; L.1995, c. 145, § 3, eff. July 29, 1995.

 

4:19A-6. Unretrieved animal; final disposition

Any licensed veterinarian of this State participating in the program shall provide for the final disposition of an unretrieved animal in the manner provided in P.L.1979, c. 354 (C. 45:16-13 et seq.). For the purposes of this act "unretrieved animal" means an animal placed for confined treatment pursuant to the provisions of this act by the owner or agent thereof in the care and custody of a veterinarian, which animal is not retrieved by the owner or agent thereof from the veterinarian within 72 hours of being notified that the confined treatment is completed.

CREDIT(S)

L.1983, c. 172, § 7.

 

4:19A-7. Knowingly falsify proof of eligibility, furnish inaccurate information or violate provisions of act; penalty; enforcement

Any person who knowingly:

a. Falsifies proof of eligibility for, or participation in, any of the programs enumerated in section 3 of this act; [FN1]

b. Furnishes any licensed veterinarian of this State with inaccurate information concerning the ownership of an animal submitted for an animal sterilization procedure;

c. Furnishes the commissioner with false information concerning an animal sterilization fee schedule or an animal sterilization certificate submitted pursuant to section 5 of this act; [FN2] or

d. Violates in any other manner the provisions of this act, shall be subject to a penalty of not more than $250.00 for the first offense and not more than $500.00 for the second and each subsequent offense, to be collected in civil action by a summary proceeding under "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.). The Superior Court shall have jurisdiction to enforce "the penalty enforcement law."

[FN1] N.J.S.A. § 4:19A-2.

[FN2] N.J.S.A. § 4:19A-4.

CREDIT(S)

L.1983, c. 172, § 8. Amended by L.1991, c. 91, § 175, eff. April 9, 1991.

 

4:19A-8. Rules or regulations

The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (52:14B-1 et seq.), adopt any rules or regulations necessary to carry out the provisions of this act.

CREDIT(S)

L.1983, c. 172, § 9.

 

4:19A-9. Annual report

Not later than one year following the effective date of this act, and annually thereafter, the commissioner shall submit a report to the Governor, the Legislature, and to the Senate Natural Resources and Agriculture Committee and the General Assembly Agriculture and Environment Committee, or their designated successors, setting forth a complete operating and financial statement covering the operation of the animal sterilization program created pursuant to this act. The commissioner shall include in the report an evaluation of the effectiveness of the program and any recommendations for legislative bills or administrative actions he deems appropriate.

CREDIT(S)

L.1983, c. 172, § 10.

 

4:19A-10. Definitions

As used in this act:

a. "Commissioner" means the Commissioner of Health;

b. "Department" means the Department of Health.

CREDIT(S)

L.1983, c. 180, § 1, eff. May 10, 1983.

 

4:19A-11. Pilot clinic for spaying and neutering of dogs and cats; fees; immunizations

a. There is established in the department a pilot clinic for the spaying and neutering of dogs and cats to determine the practicability and feasibility of establishing a Statewide clinic program.

b. The commissioner shall establish a pilot clinic at a location whereby the public may have dogs and cats spayed or neutered, as the case may be, in a humane manner by a licensed veterinarian upon payment of the following fees:

For spaying female dogs weighing

Not more than 40 pounds .................................. $35.00

41 to 60 pounds ........................................... 40.00

Over 60 pounds ............................................ 45.00

For spaying female dogs which are pregnant or in heat ..... 50.00

For neutering male dogs weighing

Not more than 40 pounds ................................... 25.00

41 to 65 pounds ........................................... 30.00

Over 65 pounds ............................................ 35.00

For spaying female cats of any weight ..................... 35.00

For spaying female cats which are pregnant or in heat ..... 35.00

For neutering male cats of any weight ..................... 25.00

c. The fees shall include immunization of dogs against distemper, hepatitis and leptospirosis and the immunization of cats against feline panleucopenia, pneumonitis and rhinotracheitis, which immunization shall be given at least 10 days prior to surgery on animals not previously immunized.

d. The commissioner may, by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), increase any of the fees permitted to be charged pursuant to subsection b. of this section upon a finding that the increase is necessary to sustain operation of the pilot clinic established pursuant to this section.

CREDIT(S)

L.1983, c. 180, § 2, eff. May 10, 1983. Amended by L.1989, c. 93, § 1, eff. June 14, 1989.

 

4:19A-12. Consent form; retrieval of animal; abandonment

a. Any person submitting a dog or cat for spaying or neutering pursuant to this pilot program shall sign a consent form certifying that the person is the owner of the dog or cat or is authorized to present the dog or cat for the above operation.

b. The commissioner shall establish a return date by which a person submitting an animal for spaying or neutering shall retrieve the animal.

c. Failure to retrieve the animal shall subject the person to liability for the cost of board and care of the animal for the period of time the animal is kept at the clinic beyond the return date.

d. Failure to retrieve the animal within 15 days of the return date established pursuant to subsection c. of this section shall be deemed abandonment and the pilot clinic may seek to have the animal adopted or may transfer the animal to a shelter for adoption.

CREDIT(S)

L.1983, c. 180, § 3, eff. May 10, 1983.

 

4:19A-13. Fee adjustment; recommendation

Not less than 180 days subsequent to the establishment of the pilot clinic, the commissioner may recommend to the Legislature any adjustment to the fees, established pursuant to section 2 of this act, [FN1] deemed necessary to ensure the operation of the pilot clinic.

[FN1] N.J.S.A. § 4:19A-13.

CREDIT(S)

L.1983, c. 180, § 4, eff. May 10, 1983.

 

4:19A-14. Acceptance of funds; pilot clinic fund

a. The commissioner may accept funds from any public or private source to help carry out the purposes of this act.

b. All fees collected pursuant to P.L.198[3] c. [181] or pursuant to section 2 of this act, and all moneys received pursuant to subsection a. of this section shall be placed in a special fund to be known as the "Pilot Clinic Fund" which shall be separate from the General State Fund and which shall be used for the purposes established herein.

CREDIT(S)

L.1983, c. 180, § 5, eff. May 10, 1983.

 

4:19A-15. Report; recommendations

Not later than 1 year following the effective date of this act, the commissioner shall submit a written report to the Legislature detailing the operation of the pilot program and shall make recommendations concerning the practicability and feasibility of the establishment of additional clinics. The commissioner may accompany this report with any recommendations for legislation or other action appropriate for adoption or consideration by the Legislature.

CREDIT(S)

L.1983, c. 180, § 6, eff. May 10, 1983.

 

4:19A-16. Domestic companion animal council established

a. There shall be established in, but not of, the Department of Health, a Domestic Companion Animal Council, which shall consist of 12 members, each of whom shall be chosen with due regard to the individual's knowledge of and interest in animal welfare, animal population control and the public health and well-being as they relate to the breeding, raising and nurturing of animals as domestic companion animals.

Each member shall be appointed by the Governor, with the advice and consent of the Senate, as follows: two members shall be appointed from persons recommended by the New Jersey Veterinary Medical Association; one member shall be appointed from persons recommended by the New Jersey Health Officers Association; one member shall be appointed from persons recommended by the New Jersey Certified Animal Control Officers Association; one member shall be appointed from persons recommended by the New Jersey Federation of Dog Clubs, Inc.; one member shall be appointed from persons recommended by the Cat Fanciers' Association; one member shall be appointed from persons recommended by the New Jersey Society for the Prevention of Cruelty to Animals; one member shall be appointed from persons recommended by the Associated Humane Societies; one member who shall be a volunteer at any county animal shelter within the State; one member shall be a representative of a volunteer animal rescue and welfare organization; and two members shall be appointed from persons recommended by the Humane Society of the United States. Each member shall be appointed for a term of four years and until the member's successor is appointed and qualified.

Any member of the Domestic Companion Animal Council shall be eligible for reappointment, but may be removed from office by the Governor for cause.

Any vacancy occurring in the membership of the council for any cause shall be filled in the same manner as the original appointment but for the unexpired term only.

b. A majority of the membership of the council shall constitute a quorum for the transaction of council business.

Action may be taken and motions and resolutions adopted by the council at any meeting thereof by the affirmative vote of a majority of the full membership of the council.

c. The Governor shall appoint a chairman and the council may appoint other officers as may be necessary. The council may appoint staff or hire experts as it may require within the limits of appropriations made for these purposes.

d. Members of the council shall serve without compensation, but may be reimbursed for expenses necessarily incurred in the discharge of their official duties.

e. The council may call to its assistance any employees as are necessary and

made available to it from any agency or department of the State or its political subdivisions.

f. For the purposes of this act, "domestic companion animal" means any animal commonly referred to as a pet or one that has been bought, bred, raised or otherwise acquired, in accordance with local ordinances and State and federal law, for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes.

CREDIT(S)

L.1995, c. 145, § 1, eff. July 29, 1995.

 

4:19A-17. Functions of domestic companion animal council

The Domestic Companion Animal Council shall organize as soon as practicable after appointment of its members.

The council shall:

a. Consult with and advise the Commissioner of the Department of Health with respect to the work of the council;

b. Monitor, study and review the activities of the Animal Population Control Program, established pursuant to P.L.1983, c. 172 (C. 4:19A-1 et seq.), pilot clinics and funds therefor established pursuant to P.L.1983, c. 180 (C. 4:19A-10 et seq.), programs for the control of rabies and other programs related to animals that the council deems relevant to its work, and hold hearings with respect thereto as it may deem necessary or desirable;

c. Report to the Governor and the Legislature annually, and at such other times as it may deem in the public interest, with respect to its findings and conclusions.

CREDIT(S)

L.1995, c. 145, § 2, eff. July 29, 1995.

 

Title 4. Agriculture and Domestic Animals.  Chapter 21B. Clinics for Cats and Dogs. 

 

4:21B-1. Establishment and operation to provide services for alteration of reproductive capacity; ordinance; fees.

Any municipality individually or two or more municipalities jointly may, by ordinance, provide for the establishment and operation of a clinic to provide services for the alteration of the reproductive capacity through spaying or neutering of cats and dogs owned by the residents thereof. Any such ordinance may provide for reasonable fees to be paid for such services, which fees shall not exceed the costs incurred by the municipality in establishing and operating such clinic.

CREDIT(S)

L.1978, c. 120, § 1, eff. Sept. 25, 1978.

 

4:21B-2. Notarized authorization by owner for consent and agreement to hold harmless

Any animal which is presented at such clinic for alteration shall be accompanied by a notarized authorization signed by the owner thereof consenting to such alteration and agreeing to hold the clinic, the municipality, its agents, servants and employees harmless for any damages arising therefrom or incidental thereto.

CREDIT(S)

L.1978, c. 120, § 2, eff. Sept. 25, 1978.

 

4:21B-3. Terms and conditions for maintenance of animal while in custody of clinic

Any municipality or municipalities enacting an ordinance as authorized by this act shall further provide for the regulation of such clinic with respect to the terms and conditions under which any animal will be maintained while the animal remains in the custody of the clinic.

CREDIT(S)

L.1978, c. 120, § 3, eff. Sept. 25, 1978.

 

Title 4. Agriculture and Domestic Animals.  Chapter 22A. Disposal of Domestic Animals.

4:22A-1. Definitions

As used in this act:

a. "Department" means the Department of Health.

b. "Disposal" or "dispose" means permanent interment or inurnment, above or below ground, cremation, mass incineration, communal burial, placement in a landfill, processing by a rendering facility or any other method of legal disposition.

c. "Pet" means a member of the kingdom of living beings, commonly known as a domestic animal, that has the capacity for spontaneous movement and rapid motor response to stimulation, yet is not human, and which has been adapted or tamed to live in intimate association with, and for the pleasure or advantage of, the human species, and includes, but is not limited to, dogs, cats, gerbils, fish, birds, snakes, turtles, lizards, frogs and rabbits.

d. "Pet cemetery" means any land, place, structure, facility or building provided by any person, whether or not for profit, to veterinarians or members of the general public for use, or reservation for use, for the permanent interment or inurnment above or below ground of pet remains.

e. "Disposal facility" means a facility, owned or operated by any person, whether or not for profit, that offers to dispose of deceased pets.

CREDIT(S)

L.1985, c. 401, § 1.

 

4:22A-2. Area requirements for pet cemeteries

A pet cemetery which commences operations on or after the effective date of this act and which provides for the permanent, below-ground interments of pets shall consist of not less than five contiguous acres of real property in total area, including any structures, facilities or buildings situated thereon which are related to pet cemetery purposes.

CREDIT(S)

L.1985, c. 401, § 2.

 

4:22A-3. Dedication of property

The owner of property who dedicates this property to pet cemetery purposes on or after the effective date of this act shall do so by means of a notarized dedication recorded in the manner provided by the laws of this State. Dedicated property shall be held and used exclusively for pet cemetery purposes, except as otherwise provided in section 5 of this act. [FN1]

[FN1] N.J.S.A. § 4:22A-5.

CREDIT(S)

L.1985, c. 401, § 3.

 

4:22A-4. Disclosures to pet owners

The owner or operator of a pet cemetery, before accepting a pet for disposal, or otherwise reserving or selling a right of disposal for a pet, shall disclose, on a form designed for this purpose by the department, to the pet owner or to the person making arrangements on the owner's behalf, that the pet cemetery is or is not dedicated pursuant to the provisions of this act; and any other information concerning the disposal of pets that the department deems appropriate for disclosure to the public.

CREDIT(S)

L.1985, c. 401, § 4.

 

4:22A-5. Removal of dedication

Once a pet cemetery is dedicated pursuant to the provisions of this act, the dedication shall not be removed unless the dedication is removed by an order of the Superior Court in a proceeding brought by the pet cemetery owner for this purpose and upon proof satisfactory to the court that:

a. No disposals were made in, or that all disposals have been removed from, that portion of the property from which the dedication is sought to be removed;

b. The pet cemetery owner has received from those persons, or their heirs or assigns, whose pets have been disposed of in the pet cemetery, and from those persons, or their heirs or assigns, who have purchased or otherwise reserved rights of disposal in the pet cemetery for their pets, written authorizations to remove the dedication from their respective sites, and to remove the pets already disposed of in the sites from which the dedication is to be removed.

The court may waive the written authorization requirement for any particular pet if the court is satisfied that the pet cemetery owner has made a good faith effort to locate the pet owner, or the heirs or assigns thereof, but has been unable to do so. Any removals of pet remains pursuant to this subsection shall be performed at the expense of the pet cemetery owner, and any written authorizations pursuant to this subsection may be given for legal consideration; and

c. The pet cemetery owner has arranged, at the pet cemetery owner's own expense, for relocation sites for removed pet remains satisfactory to the pet owners, or the heirs or assigns thereof, or has refunded thereto all moneys taken for disposal purposes; and has refunded to those pet owners, or their heirs or assigns, who purchased rights of disposal for pets, all moneys received therefrom. All refunds made under this subsection shall be with interest at the rate of interest for savings accounts at State- and federally-chartered banking institutions of this State. If the court is satisfied that the pet cemetery owner has made a good faith effort to locate a pet owner, or the heirs or assigns thereof, but has been unable to do so, the court may determine an alternative manner of disposal of that particular pet, if the pet was disposed of, and may waive the refunding requirements of this subsection.

CREDIT(S)

L.1985, c. 401, § 5.

 

4:22A-6. Liens on pet cemetery property; effect of dedication

All mortgages and other liens of any nature, hereafter contracted, placed, or incurred upon property which has been, and was at the time of the creation or placing of the lien, dedicated as a pet cemetery, or upon property which is afterwards, with the consent of the owner of any mortgage or lien, dedicated to pet cemetery purposes, shall not affect or defeat the dedication to pet cemetery purposes, but the mortgage or other lien is subject and subordinate to that dedication and any sales made upon foreclosure are subject and subordinate to the dedication for pet cemetery purposes.

CREDIT(S)

L.1985, c. 401, § 6.

 

4:22A-7. Maintenance fees of cemeteries

The owner or operator of a pet cemetery shall charge a person seeking to dispose of a pet, at the option of the customer, either an annual or permanent maintenance fee for the care of the pet cemetery, as follows:

a. The annual maintenance fee, billed each calendar year not later than July 1 and due not later than August 15, shall be placed by the owner or operator of the pet cemetery in the general account of the pet cemetery to be used for pet cemetery maintenance during the forthcoming year; or

b. The one-time permanent maintenance fee of at least $25.00 shall be placed by the owner or operator of the pet cemetery into an endowment care or similar trust fund, the entirety of which shall be used for the perpetual maintenance of the pet cemetery.

A pet owner who initially selects the annual maintenance fee may transfer to perpetual maintenance at any time by paying to the pet cemetery an amount equal to the permanent maintenance fee applicable on the date of the transfer.

If the annual maintenance fee is not paid within 90 days of the date on which it is due, the owner or operator of the pet cemetery shall send written notice by certified mail to the pet owner that the annual maintenance fee is overdue. If, within 90 days of the mailing of that certified letter, the annual maintenance fee is not paid, the pet owner shall lose all disposal rights at the pet cemetery, notwithstanding any provision to the contrary in section 5 of this act. [FN1]

[FN1] N.J.S.A. § 4:22A-5.

CREDIT(S)

L.1985, c. 401, § 7.

 

4:22A-8. Permanent maintenance endowment care

A pet cemetery which commences operations on or after the effective date of this act shall, prior to the acceptance of any moneys for services rendered, establish an endowment care or similar trust fund for the permanent maintenance of the pet cemetery, in an amount not less than $12,000.00 in cash or in the bonds of the United States, this State, or any political subdivision of this State. Not less than $12,000.00 shall be maintained in this account at all times during the period of the operation of the pet cemetery.

CREDIT(S)

L.1985, c. 401, § 8.

 

4:22A-9. Pet disposal forms

Each person who gives a pet to a veterinarian or a pet cemetery for disposal purposes shall choose a method of disposal for the pet by completing a pet disposal form prescribed by the department under section 14 of this act. [FN1] This form shall list alternative methods of disposal, the cost of each method and the nature of or place in which each method of disposal will be carried out. The veterinarian or the pet cemetery, as the case may be, shall give the person who completes the form a copy of the form. If the person chooses to have the pet disposed of by a pet cemetery and makes the arrangements therefor through a veterinarian, the veterinarian shall provide the person with the name, location and telephone number of the pet cemetery so that the person may obtain information about the pet cemetery pursuant to section 4 of this act. [FN2] The veterinarian also shall ensure that a copy of the pet disposal form accompanies the pet when the pet is removed from the veterinarian's office.

[FN1] N.J.S.A. § 4:22A-13.

[FN2] N.J.S.A. § 4:22A-4.

CREDIT(S)

L.1985, c. 401, § 10.

 

4:22A-10. Disposal in compliance with form; certification of disposal

a. A pet cemetery shall dispose of a pet, received thereby for disposal purposes, in compliance with the instructions on the pet disposal form accompanying the pet and the health standards adopted by the department under section 14 of this act. [FN1]

b. The owner or operator of a pet cemetery shall, within 10 days of receipt of a pet for disposal, send a written certification to the person who offered the pet for disposal, attesting to the method, date and place of the disposal.

c. A pet cemetery which contains a grave containing more than five pets is presumed to have disposed of pets in violation of this act.

[FN1] N.J.S.A. § 4:22A-13.

CREDIT(S)

L.1985, c. 401, § 11.

 

4:22A-11. Registration of pet cemeteries and disposal facilities

a. Every pet cemetery and disposal facility in this State shall register with the department on a form prescribed by the department. The department may charge a fee, not to exceed $10.00, for the registration. Pet cemeteries and disposal facilities in operation before the effective date of this act shall have 120 days to comply with this section. Pet cemeteries and disposal facilities which commence operations on or after the effective date of this act shall register with the department at least 30 days prior to the commencement of operations.

b. The department shall periodically conduct an inspection and a financial audit of the accounts required pursuant to this act of each pet cemetery registered pursuant to this act.

CREDIT(S)

L.1985, c. 401, § 12.

 

4:22A-12. Violations; penalties

Any person who violates the provisions of this act, or any rules or regulations adopted hereunder, is liable to a civil penalty of not less than $500.00 nor more than $1,000.00 for each offense, to be collected in a summary proceeding under "the penalty enforcement law," N.J.S. 2A:58-1 et seq. The Superior Court has jurisdiction to enforce that act. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense. The proceedings shall be brought in the name of the department. The department shall have the authority to compromise and settle any claim for a penalty in such amount as the department determines is appropriate and equitable under the circumstances.

CREDIT(S)

L.1985, c. 401, § 13.

 

4:22A-13. Adoption of forms, rules and regulations

The department, after consultation with the Departments of Agriculture and Environmental Protection, shall adopt the forms, rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), necessary to carry out the provisions of this act, including, but not limited to, the following:

a. Pet cemetery disclosure forms required under section 4 of this act; [FN1]

b. Pet disposal forms required under section 10 of this act; [FN2]

c. Health standards for pet cemeteries required under section 11 of this act; [FN3]

d. Registration forms for pet cemeteries required under section 12 of this act; [FN4] and

e. A public information program to assist members of the general public in understanding the provisions of this act.

[FN1] N.J.S.A. § 4:22A-4.

[FN2] N.J.S.A. § 4:22A-9.

[FN3] N.J.S.A. § 4:22A-10.

[FN4] N.J.S.A. § 4:22A-11.

CREDIT(S)

L.1985, c. 401, § 14, eff. Jan. 8, 1986.

 

Title 23. Fish and Game, Wild Birds and Animals.  Chapter 4. Game, Wild Birds and Animals.  Article 3. Dogs.

 

23:4-25. Dogs; running at large; training; carrying firearms into woods or fields; exceptions

The owner, lessee or custodian of a dog found running at large in the woods or fields, shall be liable to a penalty of $20.00 for each offense; provided, however, that the occupant of a farm may permit his dog to run at large on the land he occupies, except during the open season for deer.

The owner, lessee or custodian of a dog may go into the woods or fields with the dog without firearms for the purpose of exercising or training it in daylight at any time, except during the open season for deer, provided that on State public shooting and fishing grounds or wildlife management areas such exercising or training may be restricted to designated areas, and raccoon dogs may be trained between the hours of sunset and sunrise for a period of 4 weeks prior to the last week preceding the opening of the raccoon season unless prescribed otherwise by the Fish and Game Code. The penalty for violation of this section shall be $20.00 for each offense.

Any person going into the woods or fields with a firearm, except during the open seasons for the taking of birds and animals as prescribed by law or by the Fish and Game Code, shall be liable to a penalty of $20.00 for each offense; provided, however, that this section shall not apply to the killing of crows, yellow-headed redwinged, bi-colored redwinged, tri-colored redwinged, Rusty and Brewer's blackbirds, cowbirds, grackles, woodchuck and vermin other than birds, which may be taken in any manner and at any time of the year, when in the act of destroying poultry, crops or property.

CREDIT(S)

Amended by L.1946, c. 103, § 1, eff. April 7, 1946; L.1947, c. 319, § 1, eff. June 20, 1947; L.1948, c. 448, § 50, eff. Jan. 1, 1949, operative April 1, 1949; L.1950, c. 86, § 3, eff. April 28, 1950; L.1970, c. 316, § 1, eff. Dec. 21, 1970; L.1979, c. 212, § 1, eff. Sept. 28, 1979.

 

23:4-26. Field days allowed; license; penalty

Nothing in this Title, or in any law supplementary thereto, or in any provision of the State Fish and Game Code, shall be construed to prohibit a regularly organized or incorporated association from holding what is commonly known as field trials or field days in this State for the handling and working of dogs upon game birds or animals. Dogs as defined in this section shall include hounds, bird dogs, and retrievers. The associations shall, however, first obtain a license from the division to hold the field trial or field day. The penalty for violation of this section shall be $20.00.

CREDIT(S)

Amended by L.1948, c. 448, § 51, eff. Jan. 1, 1949, operative April 1, 1949; L.1970, c. 316, § 2, eff. Dec. 21, 1970.

 

Title 23. Fish and Game, Wild Birds and Animals.  Chapter 4. Game, Wild Birds and Animals.  Article 7. Deer.

23:4-46. Dogs not to be used

No person shall at any time, or for any reason, hunt for, track, search for, seek, capture or kill a wild deer with a dog.

CREDIT(S)

Amended by L.1957, c. 116, p. 488, § 1, eff. July 2, 1957.

 

Title 26. Health and Vital Statistics.  Chapter 4. Communicable Diseases.  Article 7. Rabies and Control of Dogs.

 

26:4-78. Report of suspected cases of rabies

Whenever a dog, cat or other animal is affected by rabies or suspected of being affected by rabies or has been bitten by an animal known or suspected to be affected by rabies, the owner or person in charge of the animal or any person having knowledge thereof, shall forthwith notify the local board having jurisdiction of the place where the animal is located. The notification shall be in writing, signed by the person making the same and shall state where the animal may be found.

Source: L.1915, c. 291, § 1, p. 529 [1924 Suppl. § 7-180a].

 

26:4-79. Report by physician attending person bitten by animal

Every physician shall, within twelve hours after his first professional attendance upon any person bitten by a dog, cat or other animal, report to the person designated by law or by the local board, under authority of law, to receive reports of reportable communicable diseases in the municipality in which the person so bitten may be, the name, age, sex, color and the precise location of the person so bitten.

Source: L.1930, c. 66, § 1, p. 282.

 

26:4-80. Report by parent or guardian when child is bitten and no physician attends

The parent or guardian of a child bitten by a dog, cat or other animal, when no physician attends such child, shall within twelve hours after first having knowledge that the child was so bitten, report to the person designated by law or by the local board, under authority of law, to receive reports of reportable communicable diseases in the municipality in which the child so bitten may be, the name, age, sex, color and the precise location of the child.

Source: L.1930, c. 66, § 1, p. 282.

 

26:4-81. Report when adult is bitten and no physician attends

If an adult is bitten by a dog, cat or other animal and no physician attends him, the adult, or if he is incapacitated, the person caring for him, shall report to the person designated by law or by the local board of health to receive reports of communicable diseases in the municipality in which the adult so bitten may be, the name, age, sex, color and the precise location of the adult.

The report shall be made within twelve hours after the adult was so bitten, or if he is incapacitated, the report shall be made within twelve hours after the person caring for him shall first have knowledge that the adult was so bitten.

Source: L.1930, c. 66, § 1, p. 282.

 

26:4-82. Confining animal which has attacked or bitten person

The local board, within its jurisdiction, may serve notice upon the owner or person in charge of a dog, cat or other animal which has attacked or bitten a person, to confine the animal at the expense of the owner or person in charge of it upon the premises of the owner or person in charge or at some other place designated in the notice, for at least ten days after the animal has attacked or bitten a person.

Source: L.1930, c. 66, § 2, p. 283.

 

26:4-83. Killing or confining animal bitten by another

The local board, within its jurisdiction, shall serve a notice, in writing, upon the owner or person in charge of a dog, cat or other animal known or suspected to have been bitten by an animal known or suspected of being affected by rabies, requiring the owner or person in charge of the animal to kill it or confine it for a period of not less than six months.

Source: L.1915, c. 291, § 2, p. 530 [1924 Suppl. § 7-180b].

 

26:4-84. Confining animals to prevent spread of rabies

Whenever the local board or any officer or inspector thereof has reason to believe or has been notified by the State Department that there is danger that rabies may spread within the jurisdiction of such board, such board, officer or inspector shall serve a notice, in writing, upon all persons within the jurisdiction of such board, so far as the same may be known to the board or to such officer or inspector thereof, owning or having charge of any dog, requiring such person to confine such dog, or such board, officer or inspector in lieu of serving such notice, in writing, may cause a notice to be published in the official newspaper of such municipality. Other animals may be included in the order whenever, in the opinion of such board, this is necessary.

Whenever the State Department has knowledge that any case of rabies exists among dogs or other domestic animals, within the State, and in its judgment the disease is liable to spread, the department may issue an order requiring any local board to order animals confined as provided in this section, and to cause its provisions to be enforced, by appropriate proceedings either in law or in equity.

CREDIT(S)

Amended by L.1939, c. 201, § 1, eff. July 12, 1939.

 

26:4-85. Permit to release animals

An animal confined under order of the local board shall not be released until a certificate of release has been issued by the board.

Source: L.1915, c. 291, §§ 2, 3, p. 530 [1924 Suppl. §§ 7-180b, 7-180c]. L.1930, c. 66, § 2, p. 283.

 

26:4-86. Examination of animals by local board

The local board or the duly authorized agent of such board, within its jurisdiction, shall be permitted by the owner or person in charge of a dog, cat or other animal which has attacked or bitten a person, to examine the animal at any time, and daily if desired, within a period of ten days after the animal has attacked or bitten a person, to determine whether the animal shows symptoms of rabies.

If the animal dies within the ten day confinement period or if the owner or person in charge of the animal elects to destroy the animal at any time during the confinement period, the local board may order a laboratory examination for rabies to be performed.

No person shall refuse, obstruct, or interfere with the local board in making any examination authorized pursuant to this section.

CREDIT(S)

Amended by L.1989, c. 297, § 1, eff. Jan. 12, 1990.

 

26:4-87. Local board to report prevalence of rabies

Each local board shall furnish information to the state department concerning the prevalence of rabies within its jurisdiction whenever or as often as requested to do so by the state department.

Source: L.1915, c. 291, § 5, p. 531 [1924 Suppl. § 7-180e].

 

26:4-88. Circular on rabies; distribution

The state department shall prepare a circular containing a description of the symptoms, the methods of transmission, the treatment, and the preventive measures to be taken against the spread of rabies, and, upon application, shall provide sufficient copies of the circular for distribution.

The circulars shall be furnished to the person empowered under the law to license dogs, and if there is no provision for such person within the jurisdiction of the local board of health, the local board is empowered to act. Such person or board shall apply to the state department for a sufficient number of such circulars, and shall, at the time of licensing, furnish a copy of the circular to each person who may obtain a dog license.

Source: L.1915, c. 291, § 6, p. 531 [1924 Suppl. § 7-180f].

 

26:4-89. Free Pasteur treatment

Each local board may furnish without charge the Pasteur treatment for any indigent person, residing within its jurisdiction, who has been bitten by an animal known or suspected to be affected by rabies.

Any expense thus incurred shall be provided for by the governing body having charge of the finances of the municipality in which the indigent person resides in the same manner as the regular funds of the board are provided for.

Source: L.1915, c. 291, § 4, p. 530 [1924 Suppl. § 7-180d].

 

26:4-90. Killing of unmuzzled dog running at large

The mayor of any city, town, or borough, the president of any village, and the township clerk of any township, with the consent of the governing body of such municipality, may, whenever the public safety may require such action, issue a proclamation authorizing the killing of any dog found running at large within the limits of such municipality without being properly muzzled with a wire muzzle securely fastened about the nose.

Source: Rev.1877, p. 25, § 58 [C.S. p. 93, § 178].

 

26:4-91. Appointment of dog killer; restrictions on killing dogs

The governing body of any municipality may appoint one or more persons to kill dogs running at large after the issuance of a proclamation as provided in section 26:4-90 of this title, and any such person or persons so appointed shall have full power and authority and are hereby authorized to kill any such dogs found running at large. No dog shall be killed until notice of the proclamation has been given for one day by written or printed handbills, and no dog shall be killed which is accompanied by its owner.

Source: Rev.1877, p. 25, § 58 [C.S. p. 93, § 178]. L.1889, c. 65, § 1, p. 96, amended by L.1906, c. 259, § 1(1), p. 541 [C.S. p. 93, § 179].

 

26:4-92. Compensation of dog killer

Such governing body may fix the compensation to be paid to any person so appointed, and may pay him out of any moneys in the treasury of the municipality.

Source: L.1889, c. 65, § 2, p. 96, amended by L.1906, c. 259, § 1(2), p. 541 [C.S. p. 94, § 180].

 

26:4-93. Blank

 

26:4-94. Penalties; recovery

Any person who violates any of the provisions of this article except sections 26:4-90 to 26:4-92, or any notice served thereunder, shall be liable to a penalty of five dollars ($5.00) for the first offense, and not less than five dollars ($5.00) nor more than fifty dollars ($50.00) for each subsequent offense, to be recovered in a civil action brought by and in the name of the State Department or a local board. Penalties hereunder shall be enforced and collected pursuant to sections 26:3-72, 26:3-77 and 26:3- 78 of the Revised Statutes.

CREDIT(S)

Amended by L.1939, c. 201, § 2, eff. July 12, 1939; L.1942, c. 41, § 1, eff. April 20, 1942; L.1953, c. 26, § 47, eff. March 19, 1953.

 

26:4-95. Powers of municipalities not affected

Nothing in this article shall be construed to change or affect the provisions of any law authorizing the mayor or governing body of a municipality to enforce measures for the restriction and control of rabies.

Source: L.1915, c. 291, § 8, p. 532 [1924 Suppl. § 7-180h]. L.1930, c. 66, § 5, p. 284.

 

Title 40. Municipalities and Counties.  Subtitle 3. Municipalities Generally.  Chapter 48. General Powers.  Article 1. General and Regulatory Powers.

40:48-1. Ordinances; general purpose (For dog and pound provosions, see Secs. 10 and 11)

The governing body of every municipality may make, amend, repeal and enforce ordinances to:

***

Prohibit annoyance of persons or animals. 10. Regulate or prohibit any practice tending to frighten animals, or to annoy or injure persons in the public streets;

Animals; pounds; establishment and regulation. 11. Establish and regulate one or more pounds, and to prohibit or regulate the running at large of horses, cattle, dogs, swine, goats and other animals, and to authorize their impounding and sale for the penalty incurred, and the costs of impounding, keeping and sale; to regulate or prohibit the keeping of cattle, goats or swine in any part of the municipality; to authorize the destruction of dogs running at large therein;

***

CREDIT(S)

Amended by L.1979, c. 43, § 1, eff. March 21, 1979; L.1999, c. 23, § 47, eff. Feb. 9, 1999; L.1999, c. 141, § 1, eff. June 28, 1999; L.2000, c. 32, § 1, eff. June 23, 2000; L.2000, c. 33, § 2, eff. June 28, 2000; L.2001, c. 36, § 1, eff. March 23, 2001; L.2003, c. 38, § 1, eff. Aug. 12, 2003; L.2003, c. 164, § 2, eff. Aug. 27, 2003.

 



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