Statute in Full:
Chapter 42. Landlord and Tenant; Rights and Remedies. Domesticated Animals in Housing Projects.
Chapter 29. Obstructing Governmental Operations: Escapes. Purposeful Infliction of Harm on Law Enforcement Dog.
Chapter 19. Dogs, Taxation and Liability for Injuries Caused by.
Chapter 19A. Animal Population Control
Chapter 21B. Clinics for Cats and Dogs.
Chapter 22A. Disposal of Domestic Animals.
Chapter 4. Game, Wild Birds and Animals. Article 3. Dogs.
Chapter 4. Communicable Diseases. Article 7. Rabies and Control of Dogs. (Including Dogs at Large Provisions).
Chapter 48. General Powers. Article 1. General and Regulatory Powers. (Authority to enact animal ordinances).
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 Repealed by L.2002, c. 82, § 7, eff.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
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
4:19-21.1. 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
26:4-80. 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
26:4-95. 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
Nothing in this act shall limit the rights of a municipality to prohibit, by ordinance, the owning, harboring or keeping of certain species of animals within the municipality.
CREDIT(S)
L.1990, c. 55, § 10, eff. Nov. 1, 1990.
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
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. 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. 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 $1,000.00 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.
CREDIT(S)
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.
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.
Title 4. Agriculture and Domestic Animals. Chapter 19. Dogs, Taxation and Liability for Injuries Caused by. Article 2. Registration and Tags; Injuries to Animals and Poultry.
4:19-10 to 4:19-15. Repealed by L.1941, c. 151, p. 506, § 28
4:19-15.1. Definitions
"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" shall mean any dog, bitch or spayed bitch.
"Dog of licensing age" shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
"Kennel" shall mean 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" shall mean 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" shall mean an establishment for the confinement of dogs or other animals seized either under the provisions of this act or otherwise.
"Shelter" shall mean any establishment where dogs or other animals are received, housed and distributed.
CREDIT(S)
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.
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 such licenses shall expire on the last day of June of each year, and be subject to revocation by the municipality on recommendation of the State Department of Health and Senior Services 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 such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; such 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 State Department of Health and Senior Services 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.
CREDIT(S)
L.1941, c. 151, p. 497, § 8. Amended by L.1982, c. 203, § 3, eff. Jan. 1, 1983; L.1999, c. 336, § 6, eff Feb. 9, 2000.
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 and Senior Services shall promulgate appropriate regulations concerning veterinarians' certificates for rabies inoculations of dogs for 3-year periods in connection with licenses issued under this subsection.
CREDIT(S)
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.
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
Any person appointed for the purpose by the governing body of the municipality shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or offered for adoption as provided in this section:
(a) Any dog off the premises of the owner or of the person keeping or harboring said dog which said official or his agent or agents have reason to believe is a stray dog;
(b) Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on his collar;
(c) Any female dog in season off the premises of the owner or of the person keeping or harboring said dog;
(d) Any dog or other animal which is suspected to be rabid;
(e) Any dog or other animal off the premises of the owner 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.
If any animal so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or the owner or the person keeping or harboring said animal is known, any person authorized by the governing body shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said animal, if known, a notice in writing stating that the animal has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after the service of the notice.
A notice under this section may be served either 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 abode, or at the address given on the collar, or by forwarding it by post in a prepaid letter addressed to that person at his usual or last known place of abode, or to the address given on the collar.
Any person authorized by the governing body may cause an animal to be destroyed in a manner causing as little pain as possible and consistent with the provisions of R.S.4:22-19 or to be offered for adoption seven days after seizure; provided that:
(1) Notice is given as set forth above and the animal remains unclaimed; or,
(2) The owner or person keeping or harboring the animal has not claimed the animal and paid all expenses incurred by reason of its detention, including maintenance costs not exceeding $4.00 per day; or,
(3) The owner or person keeping or harboring a dog which was unlicensed at the time of seizure does not produce a license and registration tag for the dog.
At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog or other animal so caught and detained or procured, obtained, sent or brought to a pound or shelter shall be sold or otherwise 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.
After observation, 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 Senior Services.
CREDIT(S)
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.
4:19-15.16a. Animal control officers; certification
a. The Commissioner of Health and Senior Services 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 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 such notice.
CREDIT(S)
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.
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 and Senior Services 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.
CREDIT(S)
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.
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 State 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 $50.00 for each offense, to be recovered by and in the name of the Director of Health of the State of New Jersey, [FN3] 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, [FN4] the penalty shall be not less than $1.00 nor more than $50.00, to be recovered in the same manner.
CREDIT(S)
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.
[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] Powers and duties of Director of Health transferred to State Department of Health, and references to Director of Health as meaning State Commissioner of Health, see N.J.S.A. §§ 26:1A-55, 26:1A-62.
[FN4] 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 Director of Health of the State of New Jersey, [FN1] the penalty shall be paid by said director 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.
CREDIT(S)
L.1941, c. 151, p. 502, § 20.
[FN1] Powers and duties of Director of Health transferred to State Department of Health, and references to Director of Health as meaning State Commissioner of Health, see N.J.S.A. §§ 26:1A-55, 26:1A-62.
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 | 
