Article 1. Societies for the Prevention of Cruelty. C. Societies Organized in Counties by District (County) Societies
Humane Societies
4:22-10, 4:22-11. Repealed by L.2005, c. 372, § 22, eff. Jan. 12, 2006
4:22-11.1. Definitions - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
4:22-11.2. Continuation of the New Jersey Society for the Prevention of Cruelty to Animals - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
4:22-11.3. Establishment of bylaws and uniform standards and guidelines - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
4:22-11.4. Powers and duties of board of trustees - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
4:22-11.5. Establishment of chartering fees for county societies - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
4:22-11.6. Continuation of existing societies as chartered county societies - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
4:22-11.7. Powers and duties of county society -4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
4:22-11.8. Training courses for humane law enforcement officers and agents - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
4:22-11.9. Ineligibility of certain persons; criminal history record background check - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
4:22-11.10. Application for commission as humane law enforcement officer - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
4:22-11.11. Training course for animal protection law enforcement
4:22-11.12. Assistance by governmental entities to humane law enforcement officers and agents
4:22-11.13. Annual audit of state and county societies - 4:22-11.13. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
4:22-12. Use of common badge by nonmember; petty disorderly persons offense - 4:22-12. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
4:22-13. Right to amend charter to include enumerated powers and purposes - 4:22-13. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
4:22-14. Repealed by L.2005, c. 372, § 22, eff. Jan. 12, 2006
4:22-14.1. Duties of governing bodies of municipalities regarding designation of municipal humane law enforcement officers
4:22-14.2. Municipal humane law enforcement officers; applications for designation; powers and authority; duties; designation by more than one municipality; application of rules and regulations
4:22-14.3. Eligibility of humane law enforcement officer for designation as municipal humane law enforcement officer or humane law enforcement officer of a county society for the prevention of cruelty to animals
4:22-14.4. Duties of county prosecutors relating to designation of animal cruelty prosecutor, chief human law enforcement officer, assistants, and county society for the prevention of cruelty to animals
4:22-14.5. Applicants for designation as humane law enforcement officers of county societies for the prevention of cruelty to animals; carrying and use of firearms
4:22-14.6. Powers, authority, and duties of county chief humane law enforcement officers and humane law enforcement officers of county societies for the prevention of cruelty to animals
4:22-14.7. Duties of animal cruelty prosecutors
4:22-14.8. County societies for the prevention of cruelty to animals; designation of chartered county society or non-profit corporation; responsibilities
4:22–14.9. Chartered county societies for the prevention of cruelty to animals; prohibition on granting, revoking, canceling, or suspending charter; construction of act relating to surrender of assets
4:22–14.10. Reincorporation of New Jersey Society for the Prevention of Cruelty to Animals as independent non-profit corporation; transfer of assets of county societies for the prevention of cruelty to animals held in escrow
Article 2. Prevention of Cruelty. A. Definitions; Construction
Definitions and Construction of Act
4:22-15 . Definitions
4:22-16 . Construction of article
Humane Slaughter of Livestock
4:22-16.1 . Rules and regulations; standards for humane treatment of domestic livestock (To read accompanying administrative rules concerning livestock standards click here )
4:22-16.2. Rules and regulations
Cruelty and Abandonment Provisions
4:22-17 . Cruelty; level of criminal offense
4:22–17.1 . Definitions
4:22–17.2 . Exposure of any dog, domestic companion animal, or service animal to adverse environmental conditions; order of evacuation; exceptions
4:22–17.3 . Cruel restraint of a dog deemed unlawful; exceptions; liability
4:22–17.4 . Confinement of a dog, domestic companion animal, or service animal deemed unlawful in certain circumstances; exceptions; liability
4:22–17.5 . Proper shelter for a dog, domestic companion animal, or service animal; exceptions
4:22–17.6 . Department of Health and municipalities to provide information about provisions and requirements in writing and on websites; municipalities to pay costs incurred
4:22–17.7 . Violations; rights of officers to enter property; notice to owners or person with custody or control; dog, domestic companion animal, or service animal placed in shelter, pound, or kennel; correction warning; liability (Eff. until July 31, 2018)
4:22–17.8 . Violations; failure to provide necessary care; penalties
4:22–17.9 . Construction and application of act
4:22-18 . Carrying animal in cruel, inhumane manner; disorderly persons offense
4:22-19 . Failure to care for or destruction of impounded animals; penalties; collection
4:22-19.1 . Chamber or device to induce hypoxia; dismantlement and removal
4:22-19.2 . Dismantlement and removal of decompression chamber or device; offense
4:22-19.3 . Prohibition of use of neuromuscular blocking agent to destroy domestic animal
4:22-19.4 . Violations; penalty
4:22-20 . Abandoning disabled animal to die in public place; abandoning domesticated animal; disorderly persons offense
4:22-21 . Sale of horses unfit for work; disorderly persons offense
4:22-22 . Use or disposal of animals having contagious diseases; crime of the fourth degree
4:22-23 . Use of live birds as targets; disorderly persons offense
Animal Fighting Provisions
4:22-24 . Fighting or baiting animals or creatures and related offenses
4:22-24.1. Prohibition on trunk fighting
4:22-25 . Repealed by L.1985, c. 433, § 3, eff. Jan. 13, 1986
Motorist Hitting Animal Provisions
4:22-25.1 . Motorist hitting domestic animal to stop; report
4:22-25.2 . Punishment for violation
Sale of Dog/Cat Pelts or Flesh
4:22-25.3 . Prohibition of sale of dog or cat fur or hair
4:22-25.4 . Prohibition of sale of dog or cat flesh
4:22-25.5 . Prohibition upon slaughter of horses for human consumption; punishment
Cruelty, Arrest, and Seizure Provisions
4:22-26 . Acts constituting cruelty in general; penalty
4:22-26.1 . Confiscation and forfeiture of animal under certain circumstance
4:22-26.2. Petition for order requiring forfeiture of animal; conviction for animal cruelty violation; petition for transfer of animal; requirements
4:22-27 . Repealed by L.1954, c. 50, p. 394, § 2
4:22-28 . Effect of indictment or holding person to bail on liability for penalty
4:22-29 . Jurisdiction of action for penalty
4:22-30, 4:22-31 . Repealed by L.1953, c. 5, p. 51, §§ 67, 68
4:22-32 . Enforcement and collection of penalties; warrant
4:22-33 . Security for appearance where defendant nonresident or desires continuance
4:22-34 to 4:22-42 . Repealed by L.1953, c. 5, p. 52, §§ 71 to 79
4:22-43 . Repealed by L.2005, c. 372, § 22, eff. Jan. 12, 2006
4:22-44 . Arrests with or without warrant
4:22-45 . Notice of arrest to county prosecutor or designee
4:22-46 . Search warrants; issuance
4:22-46.1. Definitions relating to animals involved in animal cruelty violations
4:22-46.2. Taking custody of animal; warrant; probable cause; animal cruelty violation; requirements
4:22-46.3. Action for reasonable costs of care; taking custody of animal involved in animal cruelty violation; service of complaint; complaint contents
4:22-47 . Entry, arrests and seizures in building where violations of § 4:22- 24 exist
4:22-48 . Forfeiture of creatures and articles seized under § 4:22-47; costs payable by owner
4:22-48.1 . Authorization for shelter, care, and treatment of seized animal; destruction; payment of costs; immunity from liability
4:22-48.2 . Confiscated animals; costs of care and treatment
4:22-49 . Repealed by L.1953, c. 5, p. 53, § 83
4:22-50 . Care of animal when person in charge arrested
4:22-50.1 . Arrest of owner or operator of animal pound or shelter for cruelty; petition to remove and appoint receiver; service
4:22-50.2 . Appointment of receiver
4:22-50.3 . Receiver; authority and duties; compensation; excess revenues; cost deficiency; bond
4:22-50.4 . Reports of actions taken and accounts itemizing revenues and expenditures; presentation or settlement of accounts
4:22-50.5 . Termination of receivership
4:22-50.6 . Application of act
4:22-51 . Supplying necessary food to animals impounded by another
4:22-52 . Seizure and sale of vehicle transporting animals in cruel manner
4:22-53 . Sale of animals abandoned in disabled condition
4:22-54 . Destruction of animals found in disabled condition
4:22-55 . Disposition of fines, penalties and moneys imposed and collected
4:22-56 . Liability for civil damages
4:22-57 . Maintenance of list of persons not eligible to be certified animal control officers, municipal humane law enforcement officers, or humane law enforcement officers of a county society for the prevention of cruelty to animals, or a designee; notification to commissioner of violations
Product Testing, Use of Animals
4:22-58 . Definitions
4:22-59 . Restrictions upon use of traditional animal testing methods for which there is an appropriate alternative testing method
4:22-60 . Cause of action; relief
4:22-61. Selling or offering to sell any cosmetic developed or manufactured using an animal test prohibited; requirements; exceptions; penalty
Title 2c. The New Jersey Code of Criminal Justice. Subtitle 2. Definition of Specific Offenses. Part 5. Offenses Against Public Order, Health and Decency. Chapter 33. Riot, Disorderly Conduct, and Related Offenses
2C:33-31. Dog fighting; penalties
2C:33-32. Dog fighting; leader of network; additional penalties
Article 1. Societies for the Prevention of Cruelty. C. Societies Organized in Counties by District (County) Societies
4:22-10, 4:22-11. Repealed by L.2005, c. 372, § 22, eff. Jan. 12, 2006
HISTORICAL AND STATUTORY NOTES
2011 Electronic Update
Repealed § 4:22-10, relating to societies organization in counties by district (county) societies, was derived from L.1873, c. 311, § 1, p. 55 amended by L.1893, c. 260, § 1, p. 453 [C.S. p. 52, § 7].
Repealed § 4:22-11, relating to the powers of such societies, was derived from L.1908, c. 118, § 1, p. 182 [C.S. p. 53, § 13].
4:22-11.1. Definitions - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
Former text:
As used in this chapter:
“Agent” means a member duly appointed as an agent by the board of trustees of a county society for the prevention of cruelty to animals or of the New Jersey Society for the Prevention of Cruelty to Animals, who, upon recommendation of the Chief Humane Law Enforcement Officer of a county society for the prevention of cruelty to animals or the New Jersey Society for the Prevention of Cruelty to Animals, is empowered to issue summons and direct humane law enforcement officers to make arrests and enforce all laws and ordinances enacted for the protection of animals, and to investigate alleged acts of cruelty to animals;
“Humane law enforcement officer” means an agent authorized and appointed by the board of trustees of a county society for the prevention of cruelty to animals or of the New Jersey Society for the Prevention of Cruelty to Animals, and duly commissioned by the Superintendent of State Police in accordance with the provisions of sections 9 and 10 of P.L.2005, c. 372 (C.4:22-11.9 and C.4:22-11.10), to possess, carry, or use a firearm while enforcing any law or ordinance for the protection of animals while on duty or on call, and who has satisfactorily completed the firearms training course approved by the Police Training Commission and other qualifications and training courses required pursuant to P.L.2005, c. 372 (C.4:22-11.1 et al.); and
“Member” means a person who has been granted membership in a county society for the prevention of cruelty to animals or the New Jersey Society for the Prevention of Cruelty to Animals.
CREDIT(S)
L.2005, c. 372, § 1, eff. Jan. 12, 2006.
<L.2017, c. 331, § 35, approved Jan. 16, 2018, provides for repeal of this section, effective Aug. 1, 2018. >
4:22-11.2. Continuation of the New Jersey Society for the Prevention of Cruelty to Animals - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
Former text:
a. (1) The New Jersey Society for the Prevention of Cruelty to Animals is continued as a parent corporation for the purposes of coordinating the functions of county societies for the prevention of cruelty to animals, and of promoting the interests of, protecting and caring for, and doing any and all things to benefit or that tend to benefit animals. The New Jersey Society for the Prevention of Cruelty to Animals shall be governed by a board of trustees consisting of 15 persons, of whom 12 shall be members of the society elected by the membership thereof and three shall be persons appointed by the Governor with the advice and consent of the Senate. Each trustee shall serve a term of six years, except as provided otherwise pursuant to paragraph (2) of this subsection. Of the 12 elected trustees, at least one shall also be a member of a county society for the prevention of cruelty to animals in the northern part of the State, at least one shall also be a member of a county society for the prevention of cruelty to animals in the central part of the State, and at least one shall also be a member of a county society for the prevention of cruelty to animals in the southern part of the State.
For the purposes of this paragraph: “northern” means the counties of Bergen, Essex, Hudson, Morris, Passaic, Sussex, or Union; “central” means the counties of Hunterdon, Mercer, Middlesex, Monmouth, Somerset, or Warren; and “ southern” means the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean, or Salem.
(2) Notwithstanding any provision of paragraph (1) of this subsection to the contrary, every trustee on the board governing the New Jersey Society for the Prevention of Cruelty to Animals on the day before the date of enactment of P.L.2005, c. 372 (C.4:22-11.1 et al.) shall complete the remainder of the trustee's respective assigned term on the board created pursuant to paragraph (1) of this subsection.
b. The board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals shall prepare an annual report concerning the law enforcement activity of the New Jersey Society for the Prevention of Cruelty to Animals and the county societies, and shall submit the report for each calendar year by June 1 of the next following calendar year to the Attorney General and the Legislature, and shall make the report available to the public upon request.
c. The New Jersey Society for the Prevention of Cruelty to Animals shall submit quarterly to the Attorney General statistical information concerning its law enforcement activity during that period, on a form developed in conjunction with the Attorney General.
CREDIT(S)
L.2005, c. 372, § 2, eff. Jan. 12, 2006.
<L.2017, c. 331, § 35, approved Jan. 16, 2018, provides for repeal of this section, effective Aug. 1, 2018. >
4:22-11.3. Establishment of bylaws and uniform standards and guidelines - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
Former text:
Within 120 days after the effective date of P.L.2005, c. 372 (C.4:22-11.1 et al.), [FN1] the board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals shall meet to establish bylaws and uniform standards and guidelines that are consistent with the provisions of Title 15A of the New Jersey Statutes as shall be necessary for the governance and operation of the New Jersey Society for the Prevention of Cruelty to Animals and the county societies for the prevention of cruelty to animals.
CREDIT(S)
L.2005, c. 372, § 3, eff. Jan. 12, 2006.
<L.2017, c. 331, § 35, approved Jan. 16, 2018, provides for repeal of this section, effective Aug. 1, 2018. >
[FN1] L.2005, c. 372, eff. Jan. 12, 2006.
4:22-11.4. Powers and duties of board of trustees - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
Former text:
The board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals shall:
a. Establish any bylaws or regulations as may be deemed necessary for governance and operation of the New Jersey Society for the Prevention of Cruelty to Animals;
b. Promote the interests of, and protect and care for, animals within the State;
c. Have the authority to grant county society for the prevention of cruelty to animals charters for the formation of county societies for the prevention of cruelty to animals in a county;
d. Have the authority, upon a majority vote of the board of trustees, to revoke, cancel, or suspend the charter of a county society for the prevention of cruelty to animals for the cause of failing to comply with any requirement of this act pertaining to the establishment or operation of a county society;
e. Appoint agents for enforcing all laws and ordinances enacted for the protection of animals and for the investigation of alleged acts of cruelty to animals within the State; appoint agents for commission as humane law enforcement officers in accordance with the provisions of sections 9 and 10 of P.L.2005, c. 372 (C.4:22-11.9 and C.4:22-11.10) for the purpose of enforcing all laws and ordinances enacted for the protection of animals and for the investigation of alleged acts of cruelty to animals within the State; appoint a Chief Humane Law Enforcement Officer from among the appointed humane law enforcement officers; and adopt a badge which shall be authority for making arrests;
f. Establish, or make arrangements for the provision of, mandatory annual training courses for all humane law enforcement officers and agents of the New Jersey Society for the Prevention of Cruelty to Animals and of the county societies, which courses shall be subject to the approval of the Police Training Commission;
g. Make, alter, and use a common seal;
h. Have the authority to sue and be sued in all courts, and all actions brought by or against the New Jersey Society for the Prevention of Cruelty to Animals shall be in its corporate name;
i. Purchase and hold any real estate as may be expedient for the advancement of the purposes of the New Jersey Society for the Prevention of Cruelty to Animals, and take by devise or gift all real estate or personal property that is devised or given to it, or to a county society in a county where a chartered county society does not exist, without regard to value. The title to any real estate shall be taken in the corporate name of the society;
j. Hold in escrow any assets, after payment of any outstanding debts, of a county society that dissolves or has its charter revoked, canceled, or suspended for any reason until a new county society for that county is formed and chartered or the revoked, canceled, or suspended charter for the county is restored, at which time the board of trustees shall transfer those assets to the newly formed and chartered county society or the county society whose revoked, canceled, or suspended charter has been restored, as the case may be; and
k. Assist persons in counties without a chartered county society to obtain a charter.
CREDIT(S)
L.2005, c. 372, § 4, eff. Jan. 12, 2006.
<L.2017, c. 331, § 35, approved Jan. 16, 2018, provides for repeal of this section, effective Aug. 1, 2018. >
4:22-11.5. Establishment of chartering fees for county societies - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
Former text:
The board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals may establish reasonable fees for chartering county societies for the prevention of cruelty to animals and for renewal of a charter.
CREDIT(S)
L.2005, c. 372, § 5, eff. Jan. 12, 2006.
<L.2017, c. 331, § 35, approved Jan. 16, 2018, provides for repeal of this section, effective Aug. 1, 2018. >
4:22-11.6. Continuation of existing societies as chartered county societies - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
Former text:
a. Every county society for the prevention of cruelty to animals that is in existence on the date of enactment of P.L.2005, c. 372 (C.4:22-11.1 et al.) [FN1] shall be continued as a chartered county society.
b. A charter for a county society may be granted by the board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals if the county society can demonstrate that it consists of at least 10 members. The requirements of this subsection shall not apply to a county society which is continued as a chartered county society as provided in subsection a. of this section.
c. Every county society shall submit quarterly a law enforcement report to the board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals on a form developed in conjunction with the Attorney General. Each county society shall also submit a copy of its quarterly report to the county sheriff and the county prosecutor. The New Jersey Society for the Prevention of Cruelty to Animals shall compile these reports and submit them to the Attorney General.
CREDIT(S)
L.2005, c. 372, § 6, eff. Jan. 12, 2006.
[FN1] L.2005, c. 372, enacted Jan. 12, 2006.
REPEAL
<L.2017, c. 331, § 35, approved Jan. 16, 2018, provides for repeal of this section, effective Aug. 1, 2018. >
4:22-11.7. Powers and duties of county society - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
Former text:
A county society for the prevention of cruelty to animals continued or established in accordance with section 6 of P.L.2005, c. 372 (C.4:22-11.6) shall:
a. Elect its own board of trustees from the members of the county society for the prevention of cruelty to animals who reside within the county or who choose to be affiliated with that county society;
b. Establish bylaws or regulations necessary for the governance and operation of the county society;
c. Enforce all laws and ordinances enacted for the protection of animals;
d. Promote the interests of, and protect and care for, animals within the State;
e. Appoint agents for enforcing all laws and ordinances enacted for the protection of animals and for the investigation of alleged acts of cruelty to animals within the State; appoint up to, but not more than, three agents for commission as humane law enforcement officers in accordance with the provisions of sections 9 and 10 of P.L.2005, c. 372 (C.4:22-11.9 and C.4:22-11.10) for the purpose of enforcing all laws and ordinances enacted for the protection of animals and for the investigation of alleged acts of cruelty to animals within the State, and, with the concurrence of the county prosecutor, authorize the commission of such additional humane law enforcement officers over that established maximum as may be necessary based upon population or the number, degree, or complexity of animal cruelty complaints; and appoint a Chief Humane Law Enforcement Officer from among the appointed humane law enforcement officers;
f. Investigate alleged acts of cruelty to animals and, when necessary, request legal assistance from the office of the appropriate county or municipal prosecutor, which the county or municipal prosecutor, as the case may be, shall make every reasonable effort to provide;
g. Adopt a badge, which shall be authority for making arrests and which shall be easily distinguishable from the badge adopted by the New Jersey Society for the Prevention of Cruelty to Animals;
h. Have the authority to sue and be sued in all courts, and all actions brought by or against the county society shall be in its corporate name; and
i. Purchase and hold any real estate as may be expedient for the advancement of the purposes of the county society, and take by devise or gift all real estate or personal property that is devised or given to it, without regard to value. The title to any real estate shall be taken in the corporate name of the county society.
CREDIT(S)
L.2005, c. 372, § 7, eff. Jan. 12, 2006.
<L.2017, c. 331, § 35, approved Jan. 16, 2018, provides for repeal of this section, effective Aug. 1, 2018. >
4:22-11.8. Training courses for humane law enforcement officers and agents - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
Former text:
a. Each county society for the prevention of cruelty to animals shall require that its humane law enforcement officers and agents satisfactorily complete the training courses established pursuant to P.L.2005, c. 372 (C.4:22-11.1 et al.).
b. Each county society shall establish training programs for the operation of the county society in accordance with mandatory uniform standards, guidelines, and procedures established for the operation of all county societies.
c. The board of trustees of a county society shall appoint officers who shall be responsible for direction of the daily operation of the county society.
CREDIT(S)
L.2005, c. 372, § 8, eff. Jan. 12, 2006.
REPEAL
<L.2017, c. 331, § 35, approved Jan. 16, 2018, provides for repeal of this section, effective Aug. 1, 2018. >
4:22-11.9. Ineligibility of certain persons; criminal history record background check - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
Former text:
a. No person shall serve as a trustee, officer, or humane law enforcement officer or agent of, or hold any other position of authority within, the New Jersey Society for the Prevention of Cruelty to Animals or any county society for the prevention of cruelty to animals if that person has been convicted of a crime under the laws of the State or under any similar statutes of the United States or any other state, or convicted of a violation of any provision of chapter 22 of Title 4 of the Revised Statutes or a violation of any similar statutes of the United States or any other state, as indicated by a criminal history record background check performed pursuant to this section. The fingerprints of each such person and the written consent of the person shall be submitted to the Superintendent of State Police for a criminal history record background check to be performed. The superintendent shall compare these fingerprints with fingerprints on file with the Bureau of Identification in the Division of State Police, Department of Law and Public Safety, and the Federal Bureau of Investigation, consistent with State and federal laws, rules, and regulations. The cost for the criminal history record background check, including all costs administering and processing the check, shall be borne by either the person or the board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals or of a county society for the prevention of cruelty to animals, as the case may be. The superintendent shall inform the board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals or of a county society for the prevention of cruelty to animals, as the case may be, of whether the person's criminal history background check reveals a conviction of a disqualifying crime as specified in this section.
The superintendent shall complete the criminal history record background check required pursuant to this subsection within 90 days after receipt of a request therefor.
b. (1) No person shall serve as a trustee, officer, or humane law enforcement officer or agent of, or hold any other position of authority within, the New Jersey Society for the Prevention of Cruelty to Animals or any county society if that person 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 a violation of any similar statutes of the United States or any other state.
(2) The New Jersey Society for the Prevention of Cruelty to Animals or county society shall rescind the authorization or appointment of any member, humane law enforcement officer, or agent convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes or a violation of any similar statutes of the United States or any other state, and that person shall immediately surrender to the New Jersey Society for the Prevention of Cruelty to Animals or county society any badge, identification card, or indicia of authority issued to the member, humane law enforcement officer, or agent, as the case may be.
CREDIT(S)
L.2005, c. 372, § 9, eff. Jan. 12, 2006.
<L.2017, c. 331, § 35, approved Jan. 16, 2018, provides for repeal of this section, effective Aug. 1, 2018. >
4:22-11.10. Application for commission as humane law enforcement officer - 4:22-11.1 to 4:22-11.10. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
Former text:
a. An application to be commissioned as a humane law enforcement officer shall be submitted to the Superintendent of State Police by the board of trustees of a county society for the prevention of cruelty to animals or of the New Jersey Society for the Prevention of Cruelty to Animals, as the case may be.
b. The superintendent shall investigate and determine the character, competency, integrity, and fitness of the person or persons designated in the application.
c. No person shall be commissioned as a humane law enforcement officer under the provisions of this section if that person has been convicted of a crime or violation, as indicated by a criminal history background check performed pursuant to the provisions of section 9 of P.L.2005, c. 372 (C.4:22-11.9), or has been convicted of, or found civilly liable for, a violation of chapter 22 of Title 4 of the Revised Statutes or a violation of any similar statutes of the United States or any other state.
d. (1) The superintendent, when satisfied with the examination of any application and such further inquiry and investigations as the superintendent shall deem proper as to the good character, competency, integrity, and fitness of the applicant, shall approve the commission of the applicant as a humane law enforcement officer. A commission issued under this section shall be renewable every two years.
(2) The board of trustees of a county society for the prevention of cruelty to animals or of the New Jersey Society for the Prevention of Cruelty to Animals, as the case may be, may dismiss or suspend a humane law enforcement officer in its employ for any reason, including but not limited to (a) a violation of any provision of P.L.2005, c. 372 (C.4:22-11.1 et al.), and (b) upon the recommendation of the Superintendent of State Police. A dismissal or suspension shall be subject to the provisions of subsection h. of this section.
(3) The superintendent may revoke or suspend a commission issued pursuant to this section for a violation of any provision of P.L.2005, c. 372 (C.4:22-11.1 et al.) or for other good cause, and the commission may be rescinded for good cause at the direction of the Attorney General or upon request of the board of trustees of a county society for the prevention of cruelty to animals or the New Jersey Society for the Prevention of Cruelty to Animals, as the case may be; provided, however, that a person whose commission is rescinded at the direction of the Attorney General may still be eligible for appointment as an agent unless prohibited otherwise by P.L.2005, c. 372 (C.4:22-11.1 et al.) or any other law. A revocation, suspension, or rescission shall be subject to the provisions of subsection h. of this section.
e. A humane law enforcement officer shall not be authorized to possess, carry, or use a firearm while enforcing the laws and ordinances enacted for the protection of animals unless the officer(1) has satisfactorily completed a firearms training course as defined in subsection j. of N.J.S.2C:39-6 and approved by the Police Training Commission, and (2) annually qualifies in the use of a revolver or similar weapon.
f. The superintendent shall, within 90 days after receipt of an application submitted pursuant to this section, or as soon thereafter as may be reasonably practicable, approve or disapprove an application for commission as a humane law enforcement officer.
g. Every person serving as a law enforcement officer appointed by a county society for the prevention of cruelty to animals or the New Jersey Society for the Prevention of Cruelty to Animals on the date of enactment of this act for whom an application has been submitted to be commissioned as a humane law enforcement officer shall be permitted to serve in that capacity unless and until the application for commission is disapproved or the person is otherwise disqualified pursuant to section 9 of P.L.2005, c. 372 (C.4:22-11.9) and this section.
h. (1) In the case of refusal to commission an applicant to be a humane law enforcement officer, the superintendent shall submit to the board of trustees of a county society for the prevention of cruelty to animals or of the New Jersey Society for the Prevention of Cruelty to Animals, as the case may be, a statement setting forth the reasons for disqualification.
(2) A disqualified applicant, or a humane law enforcement officer who has been dismissed or suspended or whose commission has been revoked or suspended, shall have the right to submit statements under oath and documentation that contest the findings of the board of trustees of a county society for the prevention of cruelty to animals or of the New Jersey Society for the Prevention of Cruelty to Animals, or of the superintendent, as the case may be. If, upon receipt of such statements and documentation, the board of trustees of a county society for the prevention of cruelty to animals or of the New Jersey Society for the Prevention of Cruelty to Animals, or the superintendent, as the case may be, maintains that the disqualification, dismissal, revocation, or suspension was neither arbitrary nor capricious, the disqualified applicant, or humane law enforcement officer who has been dismissed or suspended or whose commission has been revoked or suspended, shall have the right to an administrative hearing and decision, and the matter shall be treated as a contested case, under the “Administrative Procedure Act,” P.L.1968, c. 410 (C.52:14B-1 et seq.).
CREDIT(S)
L.2005, c. 372, § 10, eff. Jan. 12, 2006.
<L.2017, c. 331, § 35, approved Jan. 16, 2018, provides for repeal of this section, effective Aug. 1, 2018. >
4:22-11.11. Training course for animal protection law enforcement
a. The Police Training Commission, in collaboration with the Attorney General, shall develop or approve a training course for animal protection law enforcement, which shall include but need not be limited to instruction in:
(1) the law, procedures, and enforcement methods and techniques of investigation, arrest, and search and seizure, specifically in connection with violations of State and local animal cruelty laws and ordinances;
(2) information and procedures related to animals, including animal behavior and traits and evaluation of animals at a crime scene;
(3) methods to identify and document animal abuse, neglect, and distress; and
(4) investigation of animal fighting.
b. Every municipal humane law enforcement officer , humane law enforcement officer of a county society for the prevention of cruelty to animals, and chief humane law enforcement officer or other officer designated pursuant to subparagraph (a) of paragraph (2) of subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4) shall satisfactorily complete the animal protection law enforcement training course as soon as practicable, but no later than one year after the date of the officer's designation.
c. (1) The chief law enforcement officer of a municipality, or of a county, as applicable, may request from the Police Training Commission an exemption from applicable law enforcement parts of the animal protection law enforcement training course on behalf of a current or prospective municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or chief humane law enforcement officer or other officer designated pursuant to subparagraph (a) of paragraph (2) of subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4) who demonstrates successful completion of a police training course conducted by a federal, state, or other public or private agency, the requirements of which are substantially equivalent to or which exceed the corresponding requirements of the animal protection law enforcement training course curriculum established through the Police Training Commission.
(2) The chief law enforcement officer of a municipality, or of a county, as applicable, may request from the Police Training Commission an exemption from applicable animal control parts of the animal protection law enforcement training course on behalf of a current or prospective municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or chief humane law enforcement officer or other officer designated pursuant to subparagraph (a) of paragraph (2) of subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4) who demonstrates successful completion of an animal control course pursuant to section 3 of P.L.1983, c. 525 (C.4:19-15.16a).
d. The Police Training Commission shall provide for the issuance of a certificate to a person who possesses, or acquires, the training and education required to qualify as a municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or chief humane law enforcement officer or other officer designated pursuant to subparagraph (a) of paragraph (2) of subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4) and shall provide a copy of the certificate to, as applicable, the municipal humane law enforcement officer and the chief law enforcement officer of the municipality or county, or to the humane law enforcement officer and the county society for the prevention of cruelty to animals, or to the chief humane law enforcement officer or other officer designated pursuant to subparagraph (a) of paragraph (2) of subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4) and the county prosecutor.
Credits
L.2005, c. 372, § 11, eff. Jan. 12, 2006. Amended by L.2017, c. 331, § 8, eff. Aug. 1, 2018.
4:22-11.12. Assistance by governmental entities to certain humane law enforcement officers
All State, county, and municipal law enforcement agencies and all county and municipal health agencies shall, upon request, make every reasonable effort to assist any municipal humane law enforcement officer or humane law enforcement officer of a county society for the prevention of cruelty to animals in the enforcement of all laws and ordinances enacted for the protection of animals.
Credits
L.2005, c. 372, § 12, eff. Jan. 12, 2006. Amended by L.2017, c. 331, § 9, eff. Aug. 1, 2018.
4:22-11.13. Annual audit of state and county societies - 4:22-11.13. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
Former text:
In addition to any requirement imposed by P.L.1994, c. 16 (C.45:17A-18 et seq.) or any other law, the New Jersey Society for the Prevention of Cruelty to Animals and each county society for the prevention of cruelty to animals shall cause to be prepared an annual audit of all of its financial transactions, which shall be prepared in accordance with generally accepted accounting principles and standards by an independent New Jersey licensed certified public accountant. The audit for each calendar year shall be submitted by June 1 of the next following calendar year to the Attorney General, and shall be made available to the public upon request.
CREDIT(S)
L.2005, c. 372, § 13, eff. Jan. 12, 2006.
<L.2017, c. 331, § 35, approved Jan. 16, 2018, provides for repeal of this section, effective Aug. 1, 2018. >
D. Use of Badge of Societies
4:22-12. Use of common badge by nonmember; petty disorderly persons offense - 4:22-12. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
Former text:
A person not a member of a duly organized or incorporated society for the prevention of cruelty to animals, who shall use the badge adopted by such society, which badge is made authority for making arrests, shall be guilty of a petty disorderly persons offense.
CREDIT(S)
Amended by L.1995, c. 355, § 1, eff. Jan. 5, 1996.
<L.2017, c. 331, § 35, approved Jan. 16, 2018, provides for repeal of this section, effective Aug. 1, 2018. >
E. Amendment of Corporate Charters
4:22-13. Right to amend charter to include enumerated powers and purposes - 4:22-13. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
A county society for the prevention of cruelty to animals may amend its charter or certificate of incorporation as originally enacted or filed or as amended so that the county society, in addition to its other powers and purposes, shall have the following powers and purposes: to promote the interests of, and to protect and care for, animals; to maintain and operate one or more rest farms, kennels, pounds, shelters, or hospitals, or any or all of them, for animals in the custody of the county society by reason of impoundment, seizure or relinquishment by the owner; and to do any and all things which would benefit or tend to benefit animals.
CREDIT(S)
Amended by L.2005, c. 372, § 15, eff. Jan. 12, 2006.
REPEAL
<L.2017, c. 331, § 35, approved Jan. 16, 2018, provides for repeal of this section, effective Aug. 1, 2018. >
4:22-14. Repealed by L.2005, c. 372, § 22, eff. Jan. 12, 2006
4:22-14.1. Duties of governing bodies of municipalities regarding designation of municipal humane law enforcement officers
a. Except as provided in subsection e. of this section, each governing body of a municipality shall:
(1) submit at least one applicant for designation as a municipal humane law enforcement officer pursuant to section 26 of P.L.2017, c. 331 (C.4:22-14.2) who shall be responsible for animal welfare within the jurisdiction of the municipality, and who shall enforce and abide by the provisions of chapter 22 of Title 4 of the Revised Statutes and shall be authorized to investigate and sign complaints, arrest violators, and otherwise act as an officer for detection, apprehension, and arrest of offenders against the animal welfare and animal cruelty laws of the State and ordinances of the municipality; and
(2) publicize a telephone number for reporting violations of any provision of article 2 of chapter 22 of Title 4 of the Revised Statutes, which may be the same number publicized pursuant to section 14 of P.L.1989, c. 307 (C.4:19-30).
b. The governing body of a municipality shall not submit an applicant for designation as, and shall terminate the designation of, a municipal humane law enforcement officer who has been convicted of, or found civilly liable for, a violation of any provision of article 2 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).
c. The governing body of a municipality may designate as a municipal humane law enforcement officer any qualified individual. An animal control officer or a police officer may serve concurrently as a municipal humane law enforcement officer, so long as the officer is able to effectively carry out the duties and responsibilities required of each position held.
d. (1) The governing body of a municipality with a full time municipal police department may authorize a municipal humane law enforcement officer to possess, carry, and use a firearm while enforcing the laws and ordinances enacted for the protection of animals, if the officer:
(a) has satisfactorily completed a firearms training course as defined in subsection j. of N.J.S.2C:39-6 and approved by the Police Training Commission; and
(b) twice annually qualifies in the use of a revolver or similar weapon.
(2) A municipal humane law enforcement officer authorized to possess, carry, and use a firearm pursuant to this subsection shall be subject to the supervision of the chief law enforcement officer of the municipality.
e. A municipality that does not have a municipal police department shall not be required to comply with the provisions of paragraph (1) of subsection a. of this section; however, the municipality shall make every reasonable effort to designate a municipal humane law enforcement officer pursuant to this section.
f. In a municipality without a designated municipal humane law enforcement officer pursuant to this section, animal cruelty law enforcement shall be the responsibility of the chief humane law enforcement officer of the county, or the county society for the prevention of cruelty to animals if authorized to conduct law enforcement activity pursuant to subparagraph (b) of paragraph (2) of subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4).
Credits
L.2017, c. 331, § 25, eff. May 1, 2018.
4:22-14.2. Municipal humane law enforcement officers; applications for designation; powers and authority; duties; designation by more than one municipality; application of rules and regulations
a. (1) An application for designation as a municipal humane law enforcement officer shall be submitted by the governing body of a municipality to the chief law enforcement officer of the municipality, or, if the municipality does not have a chief law enforcement officer, the Superintendent of State Police. Upon receipt of the application, the chief law enforcement officer of the municipality or the superintendent, as applicable, shall examine the character, competency, and fitness of the applicant for the position, including initiating a criminal background check at the expense of the applicant.
(2) Upon completion of an examination of an applicant, the chief law enforcement officer of the municipality or the superintendent, as applicable, shall approve or reject the applicant and provide a written determination to the applicant and to the governing body of the municipality which, if applicable, shall state any reasons for rejecting the applicant.
b. A municipal humane law enforcement officer shall have the power and authority within the municipality in which the officer is designated, or otherwise authorized to act, as a municipal humane law enforcement officer to:
(1) enforce all animal welfare and animal cruelty laws of the State and ordinances of the municipality;
(2) investigate and sign complaints concerning any violation of an animal welfare or animal cruelty law of the State or ordinance of the municipality; and
(3) act as an officer for the detection, apprehension, and arrest of offenders against the animal welfare and animal cruelty laws of the State and ordinances of the municipality.
c. A municipal humane law enforcement officer shall:
(1) abide by the provisions of chapter 22 of Title 4 of the Revised Statutes;
(2) satisfactorily complete the training course developed pursuant to subsection a. of section 11 of P.L.2005, c. 372 (C.4:22-11.11), subject to the provisions of subsection c. of section 11 of P.L.2005, c. 372 (C.4:22-11.11) as applicable, as soon as practicable, but no later than one year after the date on which the officer's designation is approved by the chief law enforcement officer in the municipality or the superintendent, as applicable;
(3) refer all complaints for violations of the provisions of subsection c. of R.S.4:22-17 to the county prosecutor for investigation and prosecution, or any other appropriate legal action, except that a municipal humane law enforcement officer may take any action necessary, within the authority granted pursuant to chapter 22 of Title 4 of the Revised Statutes, to respond to an emergency situation;
(4) provide notice to the county animal cruelty prosecutor designated pursuant to paragraph (1) of subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4) within five businesses days after the receipt of any complaint of a violation of any provision of article 2 of chapter 22 of Title 4 of the Revised Statutes, regardless of whether the violation is referred to the county prosecutor pursuant to paragraph (3) of this subsection. The notice shall contain, at minimum, a brief description of the offense alleged; and
(5) submit, by October 1 of each year, a report to the animal cruelty prosecutor designated pursuant to subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4), which shall include, for the most recently concluded State fiscal year, the number of complaints received for each offense under article 2 of chapter 22 of Title 4 of the Revised Statutes and the number of cases referred to the county prosecutor, and may contain any policy recommendations or concerns of the municipal humane law enforcement officer related to animal cruelty law enforcement in the municipality. The animal cruelty prosecutor shall compile these reports and submit them to the Attorney General as part of the annual report required pursuant to subsection d. of section 31 of P.L.2017, c. 331 (C.4:22-14.7).
d. A municipal humane law enforcement officer may, upon receipt of a request for assistance by a municipality, county, or other entity that did not designate the municipal humane law enforcement officer pursuant to this section, exercise the powers and authority granted pursuant to this section within the jurisdiction of the municipality, county, or other entity making the request.
e. A municipal humane law enforcement officer may be so designated concurrently by more than one municipality, provided the officer is able to effectively carry out the duties and responsibilities required of each designation, except that a municipal humane law enforcement officer who serves concurrently as a police officer shall not be designated as a municipal humane law enforcement officer in more than one municipality at any one time.
f. Any rule or regulation concerning animal cruelty investigators, in effect on the date of enactment of P.L.2017, c. 331 (C.4:22-14.1 et al.), shall be applicable to municipal humane law enforcement officers until otherwise revised or repealed by the Department of Health.
Credits
L.2017, c. 331, § 26, eff. May 1, 2018.
4:22-14.3. Eligibility of humane law enforcement officer for designation as municipal humane law enforcement officer or humane law enforcement officer of a county society for the prevention of cruelty to animals
Any humane law enforcement officer or agent appointed by a county society for the prevention of cruelty to animals, prior to the date of enactment of P.L.2017, c. 331 (C.4:22-14.1 et al.), or the New Jersey Society for the Prevention of Cruelty to Animals shall be eligible for designation as a municipal humane law enforcement officer pursuant to section 26 of P.L.2017, c. 331 (C.4:22-14.2) or as a humane law enforcement officer of a county society for the prevention of cruelty to animals pursuant to section 29 of P.L.2017, c. 331 (C.4:22-14.5).
Credits
L.2017, c. 331, § 27, eff. May 1, 2018.
4:22-14.4. Duties of county prosecutors relating to designation of animal cruelty prosecutor, chief human law enforcement officer, assistants, and county society for the prevention of cruelty to animals
a. Each county prosecutor shall:
(1) designate any municipal or county prosecutor as the animal cruelty prosecutor of the county, and may designate any assistant animal cruelty prosecutor as needed, who shall investigate, prosecute, and take other legal action as appropriate for violations of any provision of article 2 of chapter 22 of Title 4 of the Revised Statutes, and who may serve in such capacity on a part-time basis if the responsibilities of the position allow;
(2)(a) designate, in consultation with the county sheriff, a county law enforcement officer to serve as the chief humane law enforcement officer of the county, and may designate any other law enforcement officer under the supervision of the chief humane law enforcement officer, who shall assist with investigations, arrest violators, and otherwise act as an officer for detection, apprehension, and arrest of offenders against the provisions of article 2 of chapter 22 of Title 4 of the Revised Statutes; or
(b) enter into a memorandum of understanding with the county society for the prevention of cruelty to animals designated pursuant to section 32 of P.L.2017, c. 331 (C.4:22-14.8), which authorizes the county society, under the supervision of the county prosecutor, to assist with enforcement of article 2 of chapter 22 of Title 4 of the Revised Statutes, and to designate humane law enforcement officers, subject to the provisions of section 29 of P.L.2017, c. 331 (C.4:22-14.5), to assist with investigations, arrest violators, and otherwise act as an officer for detection, apprehension, and arrest of offenders against the provisions of article 2 of chapter 22 of Title 4 of the Revised Statutes; and
(3) designate a county society for the prevention of cruelty to animals pursuant to the provisions of section 32 of P.L.2017, c. 331 (C.4:22-14.8) with which, to the extent practicable and as needed, the county prosecutor and county sheriff shall coordinate shelter and care for animals.
b. A person who has been convicted of, or found civilly liable for, a violation of any provision of article 2 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) shall not be designated by the county prosecutor for any position provided in subsection a. of this section.
Credits
L.2017, c. 331, § 28, eff. May 1, 2018.
4:22-14.5. Applicants for designation as humane law enforcement officers of county societies for the prevention of cruelty to animals; carrying and use of firearms
a. (1) An application for designation as a humane law enforcement officer of a county society for the prevention of cruelty to animals pursuant to subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4) shall be submitted by the governing body of the county society to the county prosecutor. Upon receipt of the application, the county prosecutor shall examine the character, competency, and fitness of the applicant for the position, including initiating a criminal background check at the expense of the applicant.
(2) Upon completion of an examination of an applicant, the county prosecutor shall approve or reject the applicant and provide a written determination, to the applicant and to the county society for the prevention of cruelty to animals, which, if applicable, shall state any reasons for rejecting the applicant.
b. The governing body of a county society for the prevention of cruelty to animals shall not submit an applicant for designation as, and shall terminate the designation of, a humane law enforcement officer who has been convicted of, or found civilly liable for, a violation of any provision of article 2 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).
c. A county prosecutor may authorize a humane law enforcement officer to possess, carry, and use a firearm while enforcing the laws and ordinances enacted for the protection of animals, if the officer:
(1) has satisfactorily completed a firearms training course as defined in subsection j. of N.J.S.2C:39-6 and approved by the Police Training Commission; and
(2) twice annually qualifies in the use of a revolver or similar weapon.
d. A county society for the prevention of cruelty to animals that has entered into a memorandum of agreement with the county prosecutor pursuant to subparagraph (b) of paragraph (2) of subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4) shall submit by October 1 of each year, a report to the animal cruelty prosecutor designated pursuant to subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4) which shall include, for the most recently concluded State fiscal year, the number of complaints received for each offense under article 2 of chapter 22 of Title 4 of the Revised Statutes and the number of cases referred to the county prosecutor, and may contain any policy recommendations or concerns of the county society related to animal cruelty law enforcement in the county. The animal cruelty prosecutor shall compile these reports and submit them to the Attorney General as part of the annual report required pursuant to subsection d. of section 31 of P.L.2017, c. 331 (C.4:22-14.7).
Credits
L.2017, c. 331, § 29, eff. Aug. 1, 2018.
4:22-14.6. Powers, authority, and duties of county chief humane law enforcement officers and humane law enforcement officers of county societies for the prevention of cruelty to animals
a. Any law enforcement officer designated pursuant to paragraph (2) of subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4), or humane law enforcement officer of a county society for the prevention of cruelty to animals designated pursuant to section 29 of P.L.2017, c. 331 (C.4:22-14.5) shall have the power and authority within the jurisdiction in which the officer is designated, or otherwise authorized to act, to:
(1) enforce all animal welfare and animal cruelty laws of the State;
(2) investigate and sign complaints concerning any violation of an animal welfare or animal cruelty law of the State; and
(3) act as an officer for the detection, apprehension, and arrest of offenders against the animal welfare and animal cruelty laws of the State and ordinances of any municipality.
b. Every law enforcement officer designated pursuant to paragraph (2) of subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4), or humane law enforcement officer of a county society for the prevention of cruelty to animals designated pursuant to section 29 of P.L.2017, c. 331 (C.4:22-14.5), shall:
(1) abide by the provisions of chapter 22 of Title 4 of the Revised Statutes; and
(2) satisfactorily complete the training course developed pursuant to subsection a. of section 11 of P.L.2005, c. 372 (C.4:22-11.11), subject to the provisions of subsection c. of section 11 of P.L.2005, c. 372 (C.4:22-11.11) as applicable, as soon as practicable, but no later than one year after the date of the officer's designation.
c. Upon request for assistance by a municipality, county, or other entity that did not designate the humane law enforcement officer of a county society for the prevention of cruelty to animals pursuant to section 29 of P.L.2017, c. 331 (C.4:22-14.5), or other law enforcement officer pursuant to paragraph (2) of subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4), the humane law enforcement officer or other law enforcement officer may, within the jurisdiction of the municipality, county, or other entity making the request, exercise the powers and authority granted pursuant to this section.
Credits
L.2017, c. 331, § 30, eff. Aug. 1, 2018.
4:22-14.7. Duties of animal cruelty prosecutors
An animal cruelty prosecutor shall:
a. promote the interests of, and protect and care for, animals within the county;
b. investigate and prosecute violations of article 2 of chapter 22 of Title 4 of the Revised Statutes;
c. request the assistance of the Department of Agriculture in the investigation of any violation concerning livestock; and
d. submit, by January 1 of each year, a report to the Attorney General which shall include the following information pertaining to animal cruelty law enforcement in the county for the most recently concluded State fiscal year:
(1) the number of complaints received from each municipality and from the county society for the prevention of cruelty to animals, as applicable, for each violation of any provision of article 2 of chapter 22 of Title 4 of the Revised Statutes;
(2) the number of complaints investigated;
(3) the number of complaints prosecuted or otherwise litigated;
(4) the number of animals adjudged forfeited;
(5) the number of animals returned to the owner;
(6) proceeds from fines collected for violations of any provision of article 2 of chapter 22 of Title 4 of the Revised Statutes; and
(7) as applicable, any policy recommendations or concerns related to animal cruelty law enforcement in the county, or as described by a municipal humane law enforcement officer in the annual report required pursuant to paragraph (5) of subsection c. of section 26 of P.L.2017, c. 331 (C.4:22-14.2) or by a humane law enforcement officer of a county society for the prevention of cruelty to animals in the annual report required pursuant to subsection d. of section 29 of P.L.2017, c. 331 (C.4:22-14.5).
Credits
L.2017, c. 331, § 31, eff. Aug. 1, 2018.
4:22-14.8. County societies for the prevention of cruelty to animals; designation of chartered county society or non-profit corporation; responsibilities
A county society for the prevention of cruelty to animals which is chartered as such as of the day prior to the date of enactment of P.L.2017, c. 331 (C.4:22-14.1 et al.) shall, if the county society so desires, be designated as the county society for the prevention of cruelty to animals upon enactment of P.L.2017, c. 331 (C.4:22-14.1 et al.). If a chartered county society elects not to be so designated, or no county society is chartered in the county, the county prosecutor shall select a non-profit corporation that is organized to promote the interests of, and protect and care for, animals to be designated as the county society for the prevention of cruelty to animals. The county society shall be responsible for efficiently providing or locating humane shelter and care for any animals at the request of the county prosecutor, the county sheriff, or a municipal humane law enforcement officer.
Credits
L.2017, c. 331, § 32, eff. Feb. 1, 2019.
4:22-14.9. Chartered county societies for the prevention of cruelty to animals; prohibition on granting, revoking, canceling, or suspending charter; construction of act relating to surrender of assets
a. The New Jersey Society for the Prevention of Cruelty to Animals shall not grant, revoke, cancel, or suspend any charter for a county society for the prevention of cruelty to animals.
b. Nothing in P.L.2017, c. 331 (C.4:22-14.1 et al.) shall be construed so as to require a county society for the prevention of cruelty to animals chartered as such as of the day prior to the date of enactment of P.L.2017, c. 331 (C.4:22-14.1 et al.) to surrender any assets to the State, or any political subdivision or other entity thereof.
Credits
L.2017, c. 331, § 33, eff. Jan. 16, 2018.
4:22-14.10. Reincorporation of New Jersey Society for the Prevention of Cruelty to Animals as independent non-profit corporation; transfer of assets of county societies for the prevention of cruelty to animals held in escrow
a. The Attorney General shall take any action necessary to facilitate the reincorporation of the New Jersey Society for the Prevention of Cruelty to Animals as a non-profit corporation independent of the State. Notwithstanding any State law, rule, or regulation to the contrary, the State shall not assume responsibility for any debts, liabilities, or other obligations of the New Jersey Society for the Prevention of Cruelty to Animals.
b. Any assets of a county society for the prevention of cruelty to animals held in escrow by the New Jersey Society for the Prevention of Cruelty to Animals pursuant to subsection j. of section 4 of P.L.2005, c. 372 (C.4:22-11.4) shall be transferred to the Attorney General to hold in escrow until such time as the assets may be transferred back to the county society from whom they were originally transferred, the status of the county society's charter notwithstanding. Should the Attorney General find the transfer to be inappropriate or impossible, the assets shall be used for the purpose of protecting animals in the county from which the assets were originally transferred.
Credits
L.2017, c. 331, § 34, eff. Jan. 16, 2018.
Article 2. Prevention of Cruelty. A. Definitions; Construction
As used in this article:
“Animal” or “creature” includes the whole brute creation.
“Bodily injury” means physical pain, illness or any impairment of physical condition.
“Necessary care” means care sufficient to preserve the health and well-being of an animal, and includes, but is not limited to: food of sufficient quantity and quality to allow for normal growth or maintenance of body weight; adequate access to water in sufficient quantity and quality to satisfy the animal's needs; access to adequate protection from the weather; and veterinary care to alleviate suffering and maintain health.
“Owner” or “person” includes a corporation, and the knowledge and acts of an agent or employee of a corporation in regard to animals transported, owned, employed, or in the custody of the corporation shall be imputed to the corporation.
“Serious bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Credits
Amended by L.2013, c. 88, § 1, eff. Aug. 7, 2013.
4:22-16. Construction of article
Nothing contained in this article shall be construed to prohibit or interfere with:
a. Properly conducted scientific experiments performed under the authority of the Department of Health or the United States Department of Agriculture. Those departments may authorize the conduct of such experiments or investigations by agricultural stations and schools maintained by the State or federal government, or by medical societies, universities, colleges and institutions incorporated or authorized to do business in this State and having among their corporate purposes investigation into the causes, nature, prevention and cure of diseases in men and animals; and may for cause revoke such authority;
b. The killing or disposing of an animal or creature by virtue of the order of a constituted authority of the State;
c. The shooting or taking of game or game fish in such manner and at such times as is allowed or provided by the laws of this State;
d. The training or engaging of a dog to accomplish a task or participate in an activity or exhibition designed to develop the physical or mental characteristics of that dog. These activities shall be carried out in accordance with the practices, guidelines or rules established by an organization founded for the purpose of promoting and enhancing working dog activities or exhibitions; in a manner which does not adversely affect the health or safety of the dog; and may include avalanche warning, guide work, obedience work, carting, dispatching, freight racing, packing, sled dog racing, sledding, tracking, and weight pull demonstrations;
e. The raising, keeping, care, treatment, marketing, and sale of domestic livestock in accordance with the standards developed and adopted therefor pursuant to subsection a. of section 1 of P.L.1995, c. 311 (C. 4:22- 16.1); and
f. The killing or disposing, by a reasonable or commercially acceptable method or means, of a Norway or brown rat (Rattus norvegicus), black rat (Rattus rattus), or house mouse (Mus musculus) by any person, or with the permission or at the direction of that person, while the animal is on property either owned or leased by, or otherwise under the control of, that person, provided that the animal is not a pet.
CREDIT(S)
Amended by L.1985, c. 433, § 1, eff. Jan. 13, 1986; L.1995, c. 311, § 2, eff. Jan. 5, 1996; L.1997, c. 88, § 1, eff. May 8, 1997.
4:22-16.1. Rules and regulations; standards for humane treatment of domestic livestock - (To read accompanying administrative rules concerning livestock standards click here )
a. The State Board of Agriculture and the Department of Agriculture, in consultation with the New Jersey Agricultural Experiment Station and within six months of the date of enactment of this act, shall develop and adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.): (1) standards for the humane raising, keeping, care, treatment, marketing, and sale of domestic livestock; and (2) rules and regulations governing the enforcement of those standards.
b. Notwithstanding any provision in this title to the contrary:
(1) there shall exist a presumption that the raising, keeping, care, treatment, marketing, and sale of domestic livestock in accordance with the standards developed and adopted therefor pursuant to subsection a. of this section shall not constitute a violation of any provision of this title involving alleged cruelty to, or inhumane care or treatment of, domestic livestock;
(2) no person may be cited or arrested for a first offense involving a minor or incidental violation, as defined by rules and regulations adopted pursuant to subsection a. of this section, of any provision of this title involving alleged cruelty to, or inhumane care or treatment of, domestic livestock, unless that person has first been issued a written warning.
c. For the purposes of this act, "domestic livestock" means cattle, horses, donkeys, swine, sheep, goats, rabbits, poultry, fowl, and any other domesticated animal deemed by the State Board of Agriculture and the Department of Agriculture, in consultation with the New Jersey Agricultural Experiment Station, to be domestic livestock for such purposes, according to rules and regulations adopted by the department and the board pursuant to the "Administrative Procedure Act."
CREDIT(S)
L.1995, c. 311, § 1, eff. Jan. 5, 1996.
4:22-16.2. Rules and regulations
a. As used in this section:
“Breeding pig” means any female pig of the porcine species kept for the purpose of commercial breeding, who is six months or older or pregnant.
“Calf raised for veal” means any calf of the bovine species kept for the purpose of producing the food product described as veal.
“Enclosure” means a structure used to confine one or more breeding pigs or calves raised for veal.
“Fully extending the animal's limbs” means fully extending all limbs without touching the side of an enclosure or another animal.
“Turning around freely” means turning in a complete circle without any impediment, including a tether, and without touching the side of an enclosure or another animal.
b. In addition to the standards adopted pursuant to subsection a. of section 1 of P.L.1995, c. 311 (C.4:22-16.1), and notwithstanding any other provision of law to the contrary, the State Board of Agriculture and the Department of Agriculture, shall, within 180 days after the date of enactment of this act,1 develop and adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 (C.52:14B-1 et seq.), rules and regulations, which:
(1) prohibit the confinement in an enclosure of any breeding pig in a manner that prevents the animal from lying down, standing up, fully extending the animal's limbs, or turning around freely;
(2) prohibit the confinement in an enclosure of any calf raised for veal in a manner that prevents the animal from lying down, standing up, fully extending the animal's limbs, or turning around freely;
(3) require that calves raised for veal are confined in a manner such that each calf can groom itself naturally and have visual contact with other calves; and
(4) establish penalties for violations of the provisions of paragraphs (1) through (3) of this subsection.
c. The rules and regulations adopted pursuant to subsection b. of this section may include exceptions to confinement standards for the following activities only:
(1) medical research;
(2) examination, testing, individual treatment, or operation for veterinary purposes, but only if performed by or under the supervision of a licensed veterinarian, either in person or via a telemedicine appointment;
(3) transportation;
(4) State or county fair exhibitions, 4-H programs, or similar temporary exhibitions;
(5) humane slaughter in accordance with applicable laws and regulations; and
(6) confinement of a breeding pig during the 14-day period prior to the expected date of the breeding pig giving birth or on any day when the breeding pig is nursing piglets.
Credits
L.2023, c. 130, § 1, eff. July 26, 2023.
Footnotes
1 L.2023, c. 130, eff. July 26, 2023.
4:22-17. Cruelty; level of criminal offense
a. It shall be unlawful to:
(1) Overdrive, overload, drive when overloaded, overwork, abuse, or needlessly kill a living animal or creature;
(2) Cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any of the acts described in paragraph (1) of this subsection to be done;
(3) Inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or leave the living animal or creature unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature; or
(4) Fail, as the owner or as a person otherwise charged with the care of a living animal or creature, to provide the living animal or creature with necessary care.
b. (1) A person who violates subsection a. of this section shall be guilty of a disorderly persons offense. Notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every conviction of an offense pursuant to paragraph (1) or (2) of subsection a. of this section, the person shall be fined not less than $250 nor more than $1,000, or be imprisoned for a term of not more than six months, or both, in the discretion of the court; and for every conviction of an offense pursuant to paragraph (3) or (4) of subsection a. of this section, the person shall be fined not less than $500 nor more than $2,000, or be imprisoned for a term of not more than six months, or both, in the discretion of the court.
(2) If the person who violates subsection a. of this section has a prior conviction for an offense that would constitute a violation of subsection a. of this section, the person shall be guilty of a crime of the fourth degree.
(3) A person who violates subsection a. of this section shall also be subject to the provisions of subsections e. and f. and, if appropriate, subsection g., of this section.
(4) The action for the penalty prescribed in this subsection shall be brought in the municipal court of the municipality wherein the defendant resides or where the offense was committed, except that the municipality may elect to refer the offense to the county prosecutor to determine if the offense should be handled in the Superior Court or in municipal court.
c. It shall be unlawful to purposely, knowingly, or recklessly:
(1) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or needlessly mutilate a living animal or creature;
(2) Cause bodily injury to a living animal or creature by failing to provide the living animal or creature with necessary care, whether as the owner or as a person otherwise charged with the care of the living animal or creature;
(3) Cause or procure an act described in paragraph (1) or (2) of this subsection to be done, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or
(4) Use, or cause or procure the use of, an animal or creature in any kind of sexual manner or initiate any kind of sexual contact with the animal or creature, including, but not limited to, sodomizing the animal or creature. As used in this paragraph, “sexual contact” means any contact between a person and an animal by penetration of the penis or a foreign object into the vagina or anus, contact between the mouth and genitalia, or by contact between the genitalia of one and the genitalia or anus of the other. This term does not include any medical procedure performed by a licensed veterinarian practicing veterinary medicine or an accepted animal husbandry practice.
d. (1) A person who violates paragraph (1), (2), (3) or (4) of subsection c. of this section shall be guilty of a crime of the fourth degree, except that the person shall be guilty of a crime of the third degree if:
(a) the animal or creature dies as a result of the violation;
(b) the animal or creature suffers serious bodily injury as a result of the violation; or
(c) the person has a prior conviction for an offense that would constitute a violation of paragraph (1), (2), (3) or (4) of subsection c. of this section.
(2) A person who violates any provision of subsection c. of this section shall also be subject to the provisions of subsections e. and f. and, if appropriate, subsection g., of this section.
(3) The action for the penalty prescribed in this subsection shall be brought in the Superior Court.
e. For a violation of this section, in addition to imposing any other appropriate penalties established for a crime of the third degree, crime of the fourth degree, or disorderly persons offense, as the case may be, pursuant to Title 2C of the New Jersey Statutes, the court shall impose a term of community service of up to 30 days, and may direct that the term of community service be served in providing assistance to a county society for the prevention of cruelty to animals or any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, or to a municipality's animal control or animal population control program.
f. The court also shall require any violator of this section to pay restitution, including but not limited to, the monetary cost of replacing the animal if the animal died or had to be euthanized because of the extent of the animal's injuries, or otherwise reimburse any costs for food, drink, shelter, or veterinary care or treatment, or other costs, incurred by the owner of the animal, if the owner is not the person committing the act of cruelty, or incurred by any agency, entity, or organization investigating the violation, or providing shelter or care for the animal or animals, including but not limited to a county society for the prevention of cruelty to animals, any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, a local or State governmental entity, or a kennel, shelter, pound, or other facility providing for the shelter and care of the animal or animals involved in the violation.
g. If a juvenile is adjudicated delinquent for an act which, if committed by an adult, would constitute a disorderly persons offense, crime of the fourth degree, or crime of the third degree pursuant to this section, the court also shall order the juvenile to receive mental health counseling by a licensed psychologist or therapist named by the court for a period of time to be prescribed by the licensed psychologist or therapist.
Credits
Amended by L.1995, c. 355, § 2, eff. Jan. 5, 1996; L.1996, c. 64, § 1, eff. July 12, 1996; L.2000, c. 162, § 1, eff. Dec. 7, 2000; L.2001, c. 229, § 1, eff. Aug. 27, 2001; L.2003, c. 232, § 1, eff. Jan. 9, 2004; L.2005, c. 105, § 1, eff. June 29, 2005; L.2013, c. 88, § 2, eff. Aug. 7, 2013; L.2015, c. 133, § 1, eff. Nov. 9, 2015; L.2017, c. 331, § 10, eff. Aug. 1, 2018.
4:22-17.1. Definitions
As used in this act:
“Adverse environmental conditions” means (1) when the ambient temperature is 32 degrees Fahrenheit or below in the immediate vicinity of a dog, domestic companion animal, or service animal, or there are other cold weather or precipitation-related environmental conditions, including, but not limited to, wind, rain, snow, ice, sleet, or hail that a person should reasonably know would pose an adverse risk to the health or safety of a dog, domestic companion animal, or service animal, based on the animal's size, age, physical condition, or thickness of the animal's hair or fur; or (2) when the ambient temperature is 90 degrees Fahrenheit or above in the immediate vicinity of a dog, domestic companion animal, or service animal, or a dog, domestic companion animal, or service animal is exposed to direct sunlight or hot pavement or any other hot surfaces that a person should reasonably know would pose an adverse risk to the health or safety of the animal, based on the animal's size, age, physical condition, or thickness of the animal's hair or fur.
“Animal rescue organization” means an animal rescue organization as defined in section 1 of P.L.1941, c. 151 (C.4:19-15.1).
“Animal rescue organization facility” means an animal rescue organization facility as defined in section 1 of P.L.1941, c. 151 (C.4:19-15.1).
“Domestic companion animal” means any animal commonly referred to as a pet that was 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. “Domestic companion animal” shall not include “domestic livestock” as defined in subsection c. of section 1 of P.L.1995, c. 311 (C.4:22-16.1).
“Kennel” means a kennel as defined in section 1 of P.L.1941, c. 151 (C.4:19-15.1) and licensed pursuant to section 8 of P.L.1941, c. 151 (C.4:19-15.8).
“Pet shop” means a pet shop as defined in section 1 of P.L.1941, c. 151 (C.4:19-15.1) and licensed pursuant to section 8 of P.L.1941, c. 151 (C.4:19-15.8).
“Pound” means a pound as defined in section 1 of P.L.1941, c. 151 (C.4:19-15.1) and licensed pursuant to section 8 of P.L.1941, c. 151 (C.4:19-15.8).
“Proper shelter” means a structure or other type of protection that conforms to the standards and requirements set forth in section 5 of this act, but shall not mean a shelter as defined elsewhere in this section.
“Service animal” means a service animal or a guide dog as defined in subsection e. of section 1 of P.L.2013, c. 205 (C.2C:29-3.2), or an animal used for any therapeutic purpose.
“Shelter” means a shelter as defined in section 1 of P.L.1941, c. 151 (C.4:19-15.1) and licensed pursuant to section 8 of P.L.1941, c. 151 (C.4:19-15.8).
“Tether” means to fasten a dog with a cable, chain, rope, or other similar object to a stationary object, including, but not limited to, a doghouse, tree, stake, pole, fence, or wall, or to a device that is mobile including, but not limited to, a trolley or pulley, in order to restrict the dog's movement. “Tether” also means the cable, chain, rope, or other similar object used to fasten a dog, as applicable.
“Unattended” means that the dog, domestic companion animal, or service animal is outdoors and a person is not also outdoors with the animal, or that the dog, domestic companion animal, or service animal is indoors and a person is not also indoors with the animal.
Credits
L.2017, c. 189, § 1, eff. Aug. 7, 2017.
4:22-17.2. Exposure of any dog, domestic companion animal, or service animal to adverse environmental conditions; order of evacuation; exceptions
a. Except as provided in subsections b. and c. of this section, it is unlawful to expose any dog, domestic companion animal, or service animal to adverse environmental conditions for more than 30 minutes, unless the animal has continuous access to proper shelter, as set forth in section 5 of this act.1
b. When State or local officials issue an order of evacuation due to weather or other emergency conditions, an owner or other person with custody or control of a dog, domestic companion animal, or service animal shall make every effort to evacuate with the animal, and shall not leave the animal indoors or outdoors while unattended and tethered. If evacuation with the owner or other person with custody or control of the dog, domestic companion animal, or service animal is not an option, the owner or other person with custody or control of the animal shall make every effort to:
(1) deliver the animal to a safe haven not impacted by the emergency, which may include, but is not limited to, a licensed kennel, shelter, or pound, temporary animal shelter established for the purposes of the emergency, the residence of a friend, relative, or other caregiver, or other suitable facility capable of ensuring the animal's safety; or
(2) secure the animal in an indoor area that is clear of hazards and is as protective of the dog, domestic companion animal, or service animal as possible under the circumstances, and alert local emergency responders to the animal's location.
c. The requirements of subsection a. of this section shall not apply to a dog, domestic companion animal, or service animal if any person, including the animal's owner or person with custody or control of the animal:
(1) is in the presence of the animal and exposed to the same adverse environmental conditions as the animal at all times that the animal is exposed to these adverse environmental conditions; and
(2) can see the animal at all times while the animal is exposed to the adverse environmental conditions, unless the person is blind or visually impaired so that the person cannot see the animal due to the blindness or visual impairment, in which case the person shall remain immediately adjacent to the animal at all times while the animal and the person are exposed to the adverse environmental conditions.
As used in this subsection, “blind” means a person whose vision in the person's better eye with proper correction does not exceed 20/200 or who has a field defect in the person's better eye with proper correction which contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than 20 degrees; and “visually impaired” means having a condition in which a person has a corrected visual acuity not exceeding 20/70, but not less than 20/200, in the person's better eye, or in which the peripheral field of the person's vision has contracted so that the diameter of the visual field subtends an angle no greater than 40 degrees but no less than 20 degrees.
d. The requirements of subsections a. and b. of this section shall not apply to any cat living outside with no apparent owner, commonly referred to as, or considered to be, a feral cat.
e. (1) The owner of a dog, domestic companion animal, or service animal shall be liable for a violation of subsection a. of this section that occurs on any property belonging to the owner or on which the owner resides at the time of the violation, regardless of whether the owner is present when the violation occurs.
(2) The person with custody or control of a dog, domestic companion animal, or service animal who is not the owner of the animal shall be liable for a violation of subsection a. of this section that occurs on any property belonging to the person with custody or control of the animal or on which the person with custody or control of the animal resides at the time of the violation, regardless of whether the person is present when the violation occurs.
Credits
L.2017, c. 189, § 2, eff. Aug. 7, 2017.
Footnotes
1 N.J.S.A. § 4:22-17.5.
4:22-17.3. Cruel restraint of a dog deemed unlawful; exceptions; liability
a. It is unlawful for any person to cruelly restrain a dog.
b. A person cruelly restrains a dog if the person tethers a dog:
(1) which is a nursing female, or which is less than four months old;
(2) outdoors between the hours of 11 p.m. and 5 a.m., but this paragraph shall not take effect until 18 months after the date on which this act takes effect;
(3) in an unoccupied building or upon vacant property;
(4) in a manner that does not permit the dog continuous access to water in a sanitary and liquid state whenever the dog is tethered for more than 30 minutes;
(5) in a manner that exposes the dog to adverse environmental conditions for more than 30 minutes;
(6) by means of a choke collar, prong collar, head harness, or any other type of collar, harness, or similar device other than a properly fitted body harness or buckle-type collar;
(7) by using a chain with metal links that are more than one-quarter of an inch thick, or a tether, collar, or harness to which a weight is attached;
(8) with a tether on which more than one dog is restrained;
(9) with a tether that is less than 15 feet in length or which does not permit the dog to walk at least 15 feet in any one direction; or
(10) with a tether that permits the dog to reach another dog or an object or location that poses a risk of entanglement, strangulation, drowning, or other harm to the health or safety of the dog, including, but not limited to, another dog's tether or a window sill, fence, wall, porch, terrace railing, vehicle, tree, pole, pool, or public road or highway.
c. Paragraphs (2), (9), and (10) of subsection b. of this section shall not apply if any person, including the dog's owner or the person with custody or control of the dog:
(1) is in the presence of the dog at all times while the dog is tethered, whether indoors or outdoors; and(2) can see the dog at all times while the dog is tethered, unless the person is blind or visually impaired so that the person cannot see the dog due to the blindness or visual impairment, in which case the person shall remain immediately adjacent to the dog at all times while the dog is tethered.
As used in this subsection, “blind” means a person whose vision in the person's better eye with proper correction does not exceed 20/200 or who has a field defect in the person's better eye with proper correction which contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than 20 degrees; and “visually impaired” means having a condition in which a person has a corrected visual acuity not exceeding 20/70, but not less than 20/200, in the person's better eye, or in which the peripheral field of the person's vision has contracted so that the diameter of the visual field subtends an angle no greater than 40 degrees but no less than 20 degrees.
d. (1) The owner of a dog shall be liable for a violation of subsections a. and b. of this section that occurs on any property belonging to the owner or on which the owner resides at the time of the violation, regardless of whether the owner is present when the violation occurs.
(2) The person with custody or control of a dog who is not the owner of the dog shall be liable for a violation of subsections a. and b. of this section that occurs on any property belonging to the person with custody or control of the dog or on which the person with custody or control of the dog resides at the time of the violation, regardless of whether the person is present when the violation occurs.
(3) Paragraph (9) of subsection b. of this section shall not apply if the dog is indoors and a person is indoors with the dog.
Credits
L.2017, c. 189, § 3, eff. Aug. 7, 2017.
4:22-17.4. Confinement of a dog, domestic companion animal, or service animal deemed unlawful in certain circumstances; exceptions; liability
a. It is unlawful to confine a dog, domestic companion animal, or service animal in any structure, room, area, or container that does not comply with the standards and requirements of proper shelter as set forth in section 5 of this act,1 except as provided in subsections b. and c. of this section.
b. (1) Notwithstanding the requirements of paragraph (1) of subsection a. of section 5 of this act, a person may confine a dog, domestic companion animal, or service animal temporarily in an animal carrier or crate for the purposes enumerated in paragraph (2) of this subsection, provided that (a) during transport, the animal is at all times inside the vehicle being used for transport; and (b) during confinement in the animal carrier or crate, the top of the head of the dog, domestic companion animal, or service animal cannot touch the ceiling of the animal carrier or crate when the animal is in a normal standing position in the animal carrier or crate, and the dog, domestic companion animal, or service animal can easily turn around in a full circle and lie down on its side in the animal carrier or crate.
(2) A person may confine a dog, domestic companion animal, or service animal temporarily in an animal carrier or crate for the purpose of (a) transport; (b) any exhibition, show, contest, or other temporary event at which the skill, breeding, or stamina of the animal is judged or examined; or (c) in the case of a dog, any exhibition, class, training session, or other temporary event at which the dog is used, or is being trained, to hunt wildlife in a lawful manner.
(3) Notwithstanding the requirements of paragraph (1) of subsection a. of section 5 of this act with regard to access to water, a person may confine a dog, domestic companion animal, or service animal without providing access to water at all times if the animal is confined indoors and in the primary living space of the residence of the owner or other person with custody or control of the animal.
c. (1) The owner of a dog, domestic companion animal, or service animal shall be liable for a violation of subsection a. or b. of this section, as the case may be, that occurs on or in any property belonging to the owner or on which the owner resides or in any vehicle belonging to the owner at the time of the violation, regardless of whether the owner is present when the violation occurs.
(2) The person with custody or control of a dog, domestic companion animal, or service animal who is not the owner of the animal shall be liable for a violation of subsection a. or b. of this section, as the case may be, that occurs on or in any property belonging to the person with custody or control of the animal or on which the person with custody or control of the animal resides or in any vehicle belonging to the person with custody or control of the animal at the time of the violation, regardless of whether the person is present when the violation occurs.
d. Subsection a. of this section shall not apply to:
(1) a facility maintained and used in connection with the practice of veterinary medicine pursuant to R.S.45:16-1 et seq.; or
(2) a licensed kennel, pet shop, shelter, or pound subject to the rules and regulations adopted pursuant to section 14 of P.L.1941, c. 151 (C.4:19-15.14) pertaining to the sanitary conduct and operation of kennels, pet shops, shelters, and pounds, which is operating in compliance with those rules and regulations.
Credits
L.2017, c. 189, § 4, eff. Aug. 7, 2017.
Footnotes
1 N.J.S.A. § 4:22-17.5.
4:22-17.5. Proper shelter for a dog, domestic companion animal, or service animal; exceptions
a. Proper shelter for a dog, domestic companion animal, or service animal shall be a structure or other type of protection that meets, at a minimum, the following standards and requirements:
(1) It provides at all times (a) adequate ventilation to allow the dog, domestic companion animal, or service animal to remain dry and maintain a normal body temperature, (b) access to water in a sanitary and liquid state, (c) exposure to natural or artificial light according to a regular cycle of day and night, (d) sufficient space so that the dog, domestic companion animal, or service animal can easily turn around in a full circle and lie down on the animal's side with limbs outstretched, and (e) when the animal is in a normal sitting position in the proper shelter, the top of the head of the animal cannot touch the ceiling of the proper shelter;
(2) It is maintained in a manner to minimize the accumulation of any waste, other debris, precipitation, or other moisture inside, surrounding, and underneath any area or structure providing proper shelter, and to provide reasonable protection from flooding;
(3) It is soundly constructed to prevent the sagging or collapse of any part of the structure or protection, and is maintained in good repair with no exposed sharp points or edges;
(4) It remains in an upright position at all times;
(5) In the event of adverse environmental conditions as set forth in paragraph (1) of the definition of that term in section 1 of this act,1 it is an enclosed structure that has (a) a solid roof, solid walls with a single opening no larger than necessary to allow the dog, domestic companion animal, or service animal to comfortably enter and exit the structure, and a floor that is not the ground, and (b) insulation, dry bedding, and a windbreak at the entrance that are sufficient to keep the dog, domestic companion animal, or service animal dry and maintain the animal's normal body temperature; and
(6) In the event of adverse environmental conditions as set forth in paragraph (2) of the definition of that term in section 1 of this act, it provides the dog, domestic companion animal, or service animal with adequate shade or other cooling area by natural or artificial means to allow the animal to maintain a normal body temperature.
b. Any part of the residence of an owner, or other person with custody or control, of a dog, domestic companion animal, or service animal shall be proper shelter for a dog, domestic companion animal, or service animal, provided that the part of the residence, and the use thereof, are in compliance with the requirements for proper shelter set forth in this section.
c. Proper shelter for a dog, domestic companion animal, or service animal shall not include:
(1) a crawl space under a building or a part of a building, such as under steps, a deck, or a stoop;
(2) the space under a vehicle;
(3) the inside of a vehicle if the dog, domestic companion animal, or service animal is kept in the vehicle in a manner or for a length of time that a person should reasonably know poses an adverse risk to the health or safety of the animal; or
(4) any structure or protection (a) made from pressure-treated wood which contains the chemicals arsenic or chromium, (b) with a floor consisting of wire or chain-link or having openings through which the paw, hoof, or foot of a dog, domestic companion animal, or service animal, as applicable, can pass, or (c) that is located outdoors and is made from cardboard or other materials that are easily degraded by the elements.
Credits
L.2017, c. 189, § 5, eff. Aug. 7, 2017.
Footnotes
1 N.J.S.A. § 4:22-17.1.
4:22-17.6. Department of Health and municipalities to provide information about provisions and requirements in writing and on websites; municipalities to pay costs incurred
a. The Department of Health, in consultation with the Attorney General, shall:
(1) provide to each municipality in writing sufficient copies of (a) this act, R.S.4:22-17, and R.S.4:22-26; (b) a plain language description of the provisions and requirements thereof; and (c) a plain language description of how to comply with those provisions and requirements; and
(2) post on its website the materials enumerated in paragraph (1) of this subsection.
b. Each municipality shall:
(1) provide the materials enumerated in and provided pursuant to subsection a. of this section, along with any other information deemed relevant by the municipality, to each person obtaining a license for a dog at the time of licensing; and
(2) post on its website the materials enumerated in and provided pursuant to subsection a. of this section.
The municipality may pay any cost incurred by complying with the requirements of this subsection with fees forwarded to the treasurer of the municipality pursuant to section 11 of P.L.1941, c. 151 (C.4:19-15.11).
Credits
L.2017, c. 189, § 6, eff. Aug. 7, 2017.
4:22-17.7. Violations; rights of officers to enter property; notice to owners or person with custody or control; dog, domestic companion animal, or service animal placed in shelter, pound, or kennel; correction warning; liability
a. Upon a showing of probable cause that there has been a violation of P.L.2017, c. 189 (C.4:22-17.1 et seq.) and submission of proof of issuance of a summons, a court of competent jurisdiction may issue, upon request, a warrant to any municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer to enter onto the private property where a dog, domestic companion animal, or service animal is located and take custody of the animal.
b. Notwithstanding the provisions of subsection a. of this section, or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, any municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer may immediately enter onto private property where a dog, domestic companion animal, or service animal is located and take custody of the animal if the officer has a reasonable basis to believe that, due to a violation of P.L.2017, c. 189 (C.4:22-17.1 et seq.), immediate assistance is required to protect or preserve the animal's life or prevent injury to the animal.
c. Upon taking custody of a dog, domestic companion animal, or service animal pursuant to subsection a. or b. of this section, the person taking custody of the animal shall:
(1) post immediately, in a conspicuous place at the location from which the dog, domestic companion animal, or service animal was taken into custody, the notice required pursuant to subsection d. of this section to the owner or person with custody or control of the dog, domestic companion animal, or service animal; and
(2) no later than seven days after the dog, domestic companion animal, or service animal has been taken into custody, send by registered or certified mail , or by personal service, the notice described in subsection d. of this section to:
(a) the address of the location from which the dog, domestic companion animal, or service animal was taken into custody; and
(b) the owner of record, if the address for the owner of record is different from the location from which the dog, domestic companion animal, or service animal was taken.
d. The notice required pursuant to subsection c. of this section shall:
(1) provide a description of the dog, domestic companion animal, or service animal;
(2) state the statutory authority and reason for taking custody of the dog, domestic companion animal, or service animal; and
(3) provide contact information, including at least the name of any applicable office or entity, the name of a person at that office or entity, and a telephone number for the owner or person with custody or control of the dog, domestic companion animal, or service animal to obtain information concerning the animal including where the animal is in custody.
e. A dog, domestic companion animal, or service animal taken into custody pursuant to subsection a. or b. of this section shall be placed in the care of a licensed shelter, pound, or kennel operating as a shelter or pound to ensure the humane care and treatment of the animal. If, after the dog, domestic companion animal, or service animal has been taken into custody, a licensed veterinarian makes a written determination that the animal is in intractable and extreme pain and beyond any reasonable hope of recovery with reasonable veterinary medical treatment, the animal may be euthanized. At any time while the licensed shelter, pound, or kennel operating as a shelter or pound has custody or control of the dog, domestic companion animal, or service animal, it may place the animal in an animal rescue organization facility or a foster home, or otherwise provide care to improve the animal's physical or psychological well-being, if it determines the placement or care is in the best interest of the animal.
f. (1) A person shall be issued a correction warning prior to being cited for a violation of P.L.2017, c. 189 (C.4:22-17.1 et seq.) unless the dog, domestic companion animal, or service animal involved in the violation was seized immediately pursuant to subsection b. of this section. A summons shall be served on the alleged violator as soon as practicable if:
(a) after the seven days have elapsed from the date a correction warning is issued, no correction has been made; or
(b) the dog, domestic companion animal, or service animal involved in the violation was seized immediately pursuant to subsection b. of this section.
(2) If the alleged violator is not the owner of the dog, domestic companion animal, or service animal, the person issuing the correction warning or summons, as applicable, shall also notify the owner of the animal of the violation and provide the owner with a copy of the issued correction warning or summons, as applicable.
g. Any summons issued for a violation of P.L.2017, c. 189 (C.4:22-17.1 et seq.) shall contain:
(1) a description of the violation and statutory authority; and
(2) contact information identifying, at a minimum (a) the name of the investigating agency or office, and (b) the name of the officer issuing the summons or investigating the alleged violation.
h. Any municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer issuing a summons for a violation of P.L.2017, c. 189 (C.4:22-17.1 et seq.) shall also serve on the alleged violator, with the summons, a written notice of:
(1) the right to voluntarily forfeit ownership or custody of the dog, domestic companion animal, or service animal;
(2) the action or actions required for compliance;
(3) a demand for immediate compliance; and
(4) a telephone number for the investigating agency or office and the investigating officer or agent.
i. Any municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer may petition a court of competent jurisdiction to have a dog, domestic companion animal, or service animal confiscated, if not previously seized, and forfeited upon the person being found guilty of, or liable for, a violation of P.L.2017, c. 189 (C.4:22-17.1 et seq.). Upon a finding that continued possession of the dog, domestic companion animal, or service animal by the owner or other person authorized to have custody or control of the animal poses a threat to the health or safety of the animal, the court shall order that the animal be forfeited, placed in an animal rescue organization facility, shelter, pound, or kennel operating as a shelter or pound, and made available for adoption.
j. A person found guilty of, or liable for, a violation of any provision of P.L.2017, c. 189 (C.4:22-17.1 et seq.) shall be responsible for, and pay, the reasonable costs of caring for the dog, domestic companion animal, or service animal from the date on which custody of the animal was taken pursuant to this section until the date the animal is surrendered, forfeited, returned, or euthanized, including, but not limited to, the cost of transporting, sheltering, and feeding the animal, the cost of providing the animal with necessary veterinary care, and if the animal is euthanized, the cost of the euthanasia.
Credits
L.2017, c. 189, § 7, eff. Aug. 7, 2017. Amended by L.2017, c. 331, § 11, eff. Aug. 1, 2018; L.2019, c. 83, § 1, eff. May 7, 2019; L.2023, c. 129, § 1, eff. July 26, 2023.
4:22-17.8. Violations; failure to provide necessary care; penalties
a. A violation of section 2, 4, or 5 of this act1 shall constitute failure to provide necessary care pursuant to R.S.4:22-17 and R.S.4:22-26, and a violator shall be subject to the applicable penalties set forth in those sections.
b. A person who violates section 3 of this act2 shall be subject to:
(1) for a first offense, at the discretion of the court, a fine of $100; and
(2) for a second offense, at the discretion of the court, a fine of $200.
For a third or subsequent offense, the offense shall constitute failure to provide necessary care pursuant to R.S.4:22-17 and R.S.4:22-26, and a violator shall be subject to the applicable penalties set forth in those sections.
c. Beginning on the fourth day after the date of issuance of a summons for a violation pursuant to section 7 of this act,3 each 30-day period that the owner or other person with custody or control of the dog, domestic companion animal, or service animal is still in possession of the animal and fails to comply with the requirements of this act shall constitute a separate offense.
d. A court may, in its discretion, waive or reduce the amount of any fine imposed for any violation of this act upon the violator demonstrating compliance with this act in the manner as may be prescribed by the court.
Credits
L.2017, c. 189, § 8, eff. Aug. 7, 2017.
Footnotes
1 N.J.S.A. § 4:22-17.2, 4:22-17.4, or 4:22-17.5.
2 N.J.S.A. § 4:22-17.3.
3 N.J.S.A. § 4:22-17.7.
4:22-17.9. Construction and application of act
No provision of this act, or any rule or regulation adopted pursuant thereto, shall be construed or applied to limit any protection afforded to any dog pursuant to Title 2C of the New Jersey Statutes or any other provisions of Title 4 of the Revised Statutes, any other federal or State law, or rule or regulation adopted pursuant thereto, or any local ordinance, resolution, rule, or regulation.
Credits
L.2017, c. 189, § 9, eff. Aug. 7, 2017.
4:22-18. Carrying animal in cruel, inhumane manner; disorderly persons offense
A person who shall carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhumane manner, shall be guilty of a disorderly persons offense and punished as provided in subsection a. of R.S.4:22-17.
CREDIT(S)
Amended by L.1995, c. 355, § 3, eff. Jan. 5, 1996; L.1996, c. 64, § 2, eff. July 12, 1996; L.2001, c. 229, § 2, eff. Aug. 27, 2001.
4:22-19. Failure to care for or destruction of impounded animals; penalties; collection
A person who shall:
a. Impound or confine, or cause to be impounded or confined, in a pound or other place, a living animal or creature, and shall fail to supply it during such confinement with a sufficient quantity of good and wholesome food and water; or
b. Destroy or cause to be destroyed any such animal by hypoxia induced by decompression or in any other manner, by the administration of a lethal gas other than an inhalant anesthetic, or in any other manner except by a method of euthanasia generally accepted by the veterinary medical profession as being reliable, appropriate to the type of animal upon which it is to be employed, and capable of producing loss of consciousness and death as rapidly and painlessly as possible for such animal shall, in the case of a violation of subsection a., be guilty of a disorderly persons offense and shall be punished as provided in subsection a. of R.S.4:22-17; or, in the case of a violation of subsection b., be subject to a penalty of $25 for the first offense and $50 for each subsequent offense. Each animal destroyed in violation of subsection b. shall constitute a separate offense. The penalty shall be collected in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c. 274 (C.2A:58-10 et seq.) and all money collected shall be remitted to the State.
This section shall apply to kennels, pet shops, shelters and pounds as defined and licensed pursuant to P.L.1941, c. 151 (C.4:19-15.1 et seq.); to pounds and places of confinement owned and operated by municipalities, counties or regional governmental authorities; and to every contractual warden or impounding service, any provision to the contrary in this title notwithstanding.
CREDIT(S)
Amended by L.1977, c. 231, § 1, eff. Sept. 20, 1977; L.1982, c. 76, § 1, eff. July 22, 1982; L.1982, c. 158, § 2, eff. Oct. 27, 1982; L.1996, c. 64, § 3, eff. July 12, 1996; L.2001, c. 229, § 3, eff. Aug. 27, 2001.
4:22-19.1. Chamber or device to induce hypoxia; dismantlement and removal
Within 30 days of the effective date of this act, any chamber or device used to induce hypoxia through decompression or in any other manner shall be dismantled and removed from the premises. The owner of any premises on which the chamber or device remains 30 days subsequent to the effective date of this act shall be guilty of a disorderly persons offense.
CREDIT(S)
L.1982, c. 76, § 3, eff. July 22, 1982.
<For similar section added by L. 1982, c. 158, § 3, eff. Oct. 27, 1982, see § 4:22-19.2, post.>
4:22-19.2. Dismantlement and removal of decompression chamber or device; offense
Within 30 days of the effective date of this act, any chamber or device used to induce hypoxia through decompression or in any other manner and any gas chamber or similar device, except one which is used for the administration of an inhalant anesthetic, shall be dismantled and removed from the premises. The owner of any premises on which the chamber or device remains 30 days subsequent to the effective date of this act shall be guilty of a disorderly persons offense.
<For similar section added by L. 1982, c. 76, § 3, eff. July 22, 1982, see § 4:22-19.1, ante.>
CREDIT(S)
L.1982, c. 158, § 3, eff. Oct. 27, 1982.
4:22-19.3. Prohibition of use of neuromuscular blocking agent to destroy domestic animal
Whenever any dog, cat, or any other domestic animal is to be destroyed, the use of succinylcholine chloride, curare, curariform drugs, or any other substance which acts as a neuromuscular blocking agent is prohibited.
CREDIT(S)
L.1988, c. 160, § 1, eff. Nov. 16, 1988.
4:22-19.4. Violations; penalty
A person who violates this act shall be subject to a penalty of $25.00 for the first offense and $50.00 for each subsequent offense, to be collected in a civil action by a summary proceeding under "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.). Each animal destroyed in violation of this act shall constitute a separate offense. The Superior Court shall have jurisdiction to enforce "the penalty enforcement law."
CREDIT(S)
L.1988, c. 160, § 2, eff. Nov. 16, 1988.
4:22-20. Abandoning disabled animal to die in public place; abandoning domesticated animal; disorderly persons offense
a. A person who shall abandon a maimed, sick, infirm or disabled animal or creature to die in a public place, shall be guilty of a disorderly persons offense.
b. A person who shall abandon a domesticated animal shall be guilty of a disorderly persons offense. The violator shall be subject to the maximum $1,000 penalty.
CREDIT(S)
Amended by L.1977, c. 229, § 1, eff. Sept. 20, 1977; L.1986, c. 176, § 1, eff. Dec. 8, 1986; L.1991, c. 108, § 1, eff. April 19, 1991.
4:22-21. Sale of horses unfit for work; disorderly persons offense
A person who shall receive or offer for sale a horse that is suffering from abuse or neglect, or which by reason of disability, disease, abuse or lameness, or for any other cause, could not be worked, ridden or otherwise used for show, exhibition, or recreational purposes, or kept as a domestic pet without violating the provisions of this article or any law of this State relating to cruelty to animals shall be guilty of a disorderly persons offense.
CREDIT(S)
Amended by L.1995, c. 355, § 4, eff. Jan. 5, 1996; L.1998, c. 105, § 2, eff. Sept. 14, 1998.
4:22-22. Use or disposal of animals having contagious diseases; crime of the fourth degree
A person who shall:
a. Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, any horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the health or life of human beings or animals; or
b. When any such disease is beyond recovery, refuse upon demand to deprive any such animal of life--
Shall be guilty of a crime of the fourth degree.
CREDIT(S)
Amended by L.1995, c. 355, § 5, eff. Jan. 5, 1996.
4:22-23. Use of live birds as targets; disorderly persons offense
A person who shall:
a. Use a live pigeon, fowl or other bird for the purpose of a target, or to be shot at either for amusement or as a test of skill in marksmanship;
b. Shoot at a bird used as described in subsection a. of this section, or is a party to such shooting; or
c. Lease a building, room, field or premises, or knowingly permit the use thereof for the purpose of such shooting--
Shall be guilty of a disorderly persons offense, and shall, in addition to any penalty assessed therefor, be fined $25 for each bird shot at or killed in violation of this section.
This section shall not apply to the shooting of game.
CREDIT(S)
Amended by L.1995, c. 355, § 6, eff. Jan. 5, 1996; L.2003, c. 232, § 2, eff. Jan. 9, 2004.
4:22-24. Fighting or baiting animals or creatures and related offenses
a. A person who shall:
(1) Keep, use, be connected with or interested in the management of, or receive money for the admission of a person to, a place kept or used for the purpose of fighting or baiting a living animal or creature;
(2) Be present and witness, pay admission to, encourage or assist therein;
(3) Permit or suffer a place owned or controlled by him to be so used;
(4) For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature;
(5) Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or creature for the purpose of fighting or baiting that animal or creature;
(6) Gamble on the outcome of a fight involving a living animal or creature; or
(7) Own, possess, buy, sell, transfer, or manufacture animal fighting paraphernalia for the purpose of engaging in or otherwise promoting or facilitating the fighting or baiting of a living animal or creature--
Shall be guilty of a crime of the third degree.
b. In determining whether an object is animal fighting paraphernalia, a tryer of fact may consider:
(1) the proximity of the object in time and space to any violation of this section;
(2) direct circumstantial evidence of intent of the person to deliver the object to any person whom the person in possession of the object knows, or should reasonably know, intends to use the object to violate this section;
(3) oral or written instructions concerning its use provided with, or found in the vicinity of, the object;
(4) descriptive materials accompanying the object which explain or depicts its use; and
(5) any other relevant factors.
c. For the purposes of this section :
“Animal fighting paraphernalia” means equipment, products, implements, and materials of any kind that are used, intended for use, or designed for use in the training, preparation, or conditioning of an animal for fighting, or in furtherance of animal fighting, and includes, but is not limited to, the following: breaking sticks, cat mills, treadmills, fighting pits, springpoles, veterinary medicine without a prescription therefor, treatment supplies, gaffs, slashers, heels, or any other sharp implement designed to be attached in place of the natural spur of a rooster, cock, or game fowl.
“Bait” means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training the animal for, or to cause an animal to engage in, a fight with or among other animals.
Credits
Amended by L.1989, c. 35, § 1, eff. March 7, 1989; L.2015, c. 85, § 4, eff. Aug. 10, 2015; L.2019, c. 223, § 2, eff. Aug. 9, 2019.
4:22-24.1. Prohibition on trunk fighting
a. In addition to the provisions of R.S.4:22-24, it shall be unlawful to engage in, facilitate, or provide the means to engage in, trunk fighting. For the purposes of this section, “trunk fighting” means the practice of enclosing two or more animals in the trunk or any part of a motor vehicle for the purpose of the animals attacking each other, and possibly fighting until one or more of the animals are dead.
b. A violation of subsection a. of this section shall be a crime of the third degree.
Credits
L.2021, c. 83, § 1, eff. May 11, 2021.
4:22-25. Repealed by L.1985, c. 433, § 3, eff. Jan. 13, 1986
4:22-25.1. Motorist hitting domestic animal to stop; report
Each person operating a motor vehicle who shall knowingly hit, run over, or cause injury to a cat, dog, horse, or cattle shall stop at once, ascertain the extent of injury, report to the nearest police station, police officer, municipal humane law enforcement officer, chief humane law enforcement officer, or humane law enforcement officer of a county society for the prevention of cruelty to animals and give his name, address, operator's license and registration number, and also give the location of the injured animal.
Credits
L.1939, c. 315, p. 762, § 1. Amended by L.1968, c. 39, § 1, eff. May 9, 1968; L.2017, c. 331, § 12, eff. Aug. 1, 2018.
4:22-25.2. Punishment for violation
Any person who shall violate any of the provisions of section 1 of P.L.1939, c. 315 (C. 4:22-25.1) shall be guilty of a petty disorderly persons offense.
CREDIT(S)
L.1939, c. 315, p. 762, § 2. Amended by L.1953, c. 5, p. 47, § 62; L.1995, c. 355, § 7, eff. Jan. 5, 1996.
4:22-25.3. Prohibition of sale of dog or cat fur or hair
Any person who sells, barters, or offers for sale or barter, at wholesale or retail, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat commits a crime of the fourth degree, provided that the person knew or reasonably should have known that the fur or hair was from a domestic dog or cat or that the product was made in whole or in part from the fur or hair of a domestic dog or cat. This section shall not apply to the sale or barter, or offering for sale or barter, of the fur or hair of a domestic dog or cat cut at a commercial grooming establishment or at a veterinary office or clinic or for scientific research purposes.
As used in this section, "domestic dog or cat" means a dog (Canis familiaris) or cat (Felis catus or Felis domesticus) that is generally recognized in the United States as being a household pet and shall not include coyote, fox, lynx, bobcat, or any other wild canine or feline species.
CREDIT(S)
L.1999, c. 307, § 1, eff. Jan. 4, 2000.
4:22-25.4. Prohibition of sale of dog or cat flesh
Any person who sells, barters, or offers for sale or barter, at wholesale or retail, for human consumption, the flesh of a domestic dog or cat or any product made in whole or in part from the flesh of a domestic dog or cat commits a disorderly persons offense, provided that the person knew or reasonably should have known that the flesh was from a domestic dog or cat or the product was made in whole or in part from the flesh of a domestic dog or cat. Notwithstanding the provisions of Title 2C of the New Jersey Statutes to the contrary, any person found guilty of violating this section shall be subject to a fine of not less than $100 and a term of imprisonment of not less than 30 days.
As used in this section, "domestic dog or cat" means a dog (Canis familiaris) or cat (Felis catus or Felis domesticus) that is generally recognized in the United States as being a household pet and shall not include coyote, fox, lynx, bobcat, or any other wild canine or feline species.
CREDIT(S)
L.1999, c. 307, § 2, eff. Jan. 4, 2000.
4:22-25.5. Prohibition upon slaughter of horses for human consumption; punishment
a. Any person who knowingly slaughters a horse for human consumption commits a disorderly persons offense.
b. Any person who sells, barters, or offers for sale or barter, at wholesale or retail, for human consumption, the flesh of a horse or any product made in whole or in part from the flesh of a horse commits a disorderly persons offense, provided that the person knew or reasonably should have known that the flesh was from a horse, or that the product was made in whole or in part from the flesh of a horse.
c. Any person who knowingly transports a horse for the purpose of slaughter for human consumption, or who knowingly transports horsemeat, or any product made in whole or in part from the flesh of a horse, for the purpose of human consumption, commits a disorderly persons offense.
d. Notwithstanding the provisions of Title 2C of the New Jersey Statutes to the contrary, any person found guilty of violating this section shall be subject to a fine of not less than $100 and a term of imprisonment of not less than 30 days.
e. Nothing in this section shall be construed to impose liability on a newspaper that inadvertently, unintentionally, or unknowingly accepts or publishes advertising that includes the offering for sale, trade, or distribution of any item in violation of any provision of this section. However, if a newspaper knowingly accepts or publishes advertising that includes the offering for sale, trade, or distribution any such item, the newspaper shall be in violation of the applicable provisions of this section.
CREDIT(S)
L.2012, c. 52, § 1, eff. Sept. 19, 2012.
4:22-26. Acts constituting cruelty in general; penalty
A person who shall:
a. (1) Overdrive, overload, drive when overloaded, overwork, abuse, or needlessly kill a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;
(2) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or needlessly mutilate a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;
(3) Cause the death of, or serious bodily injury to, a living animal or creature from commission of any act described in paragraph (2), (4), or (5) of this subsection, by any direct or indirect means, including but not limited to through the use of another living animal or creature, or otherwise cause or procure any such acts to be done;
(4) Fail, as the owner or a person otherwise charged with the care of a living animal or creature, to provide the living animal or creature with necessary care, or otherwise cause or procure such an act to be done; or
(5) Cause bodily injury to a living animal or creature from commission of the act described in paragraph (4) of this subsection;
b. (Deleted by amendment, P.L.2003, c. 232)
c. Inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or leave the living animal or creature unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature;
d. Receive or offer for sale a horse that is suffering from abuse or neglect, or which by reason of disability, disease, abuse or lameness, or any other cause, could not be worked, ridden or otherwise used for show, exhibition or recreational purposes, or kept as a domestic pet without violating the provisions of article 2 of chapter 22 of Title 4 of the Revised Statutes;
e. Keep, use, be connected with or interested in the management of, or receive money or other consideration for the admission of a person to, a place kept or used for the purpose of fighting or baiting a living animal or creature;
f. Be present and witness, pay admission to, encourage, aid or assist in an activity enumerated in subsection e. of this section;
g. Permit or suffer a person's place owned or controlled by the person to be used as provided in subsection e. of this section;
h. Carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhumane manner;
i. Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for business purposes;
j. Impound or confine or cause to be impounded or confined in a pound or other place a living animal or creature, and shall fail to supply the living animal or creature during such confinement with a sufficient quantity of good and wholesome food and water;
k. Abandon a maimed, sick, infirm or disabled animal or creature to die in a public place;
l. Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, a horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the health or life of human beings or animals, or who shall, when any such disease is beyond recovery, refuse, upon demand, to deprive the animal of life;
m. Own, operate, manage or conduct a roadside stand or market for the sale of merchandise along a public street or highway; or a shopping mall, or a part of the premises thereof; and keep a living animal or creature confined, or allowed to roam in an area whether or not the area is enclosed, on these premises as an exhibit; except that this subsection shall not be applicable to: a pet shop licensed pursuant to P.L.1941, c. 151 (C.4:19-15.1 et seq.); a person who keeps an animal, in a humane manner, for the purpose of the protection of the premises; or a recognized breeders' association, a 4-H club, an educational agricultural program, an equestrian team, a humane society or other similar charitable or nonprofit organization conducting an exhibition, show or performance;
n. Keep or exhibit a wild animal at a roadside stand or market located along a public street or highway of this State; a gasoline station; or a shopping mall, or a part of the premises thereof;
o. Sell, offer for sale, barter or give away or display live baby chicks, ducklings or other fowl or rabbits, turtles or chameleons which have been dyed or artificially colored or otherwise treated so as to impart to them an artificial color;
p. Use any animal, reptile, or fowl for the purpose of soliciting any alms, collections, contributions, subscriptions, donations, or payment of money except in connection with exhibitions, shows or performances conducted in a bona fide manner by recognized breeders' associations, 4-H clubs or other similar bona fide organizations;
q. Sell or offer for sale, barter, or give away living rabbits, turtles, baby chicks, ducklings or other fowl under two months of age, for use as household or domestic pets;
r. Sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl, or rabbits, turtles or chameleons under two months of age for any purpose not prohibited by subsection q. of this section and who shall fail to provide proper facilities for the care of such animals;
s. Artificially mark sheep or cattle, or cause them to be marked, by cropping or cutting off both ears, cropping or cutting either ear more than one inch from the tip end thereof, or half cropping or cutting both ears or either ear more than one inch from the tip end thereof, or who shall have or keep in the person's possession sheep or cattle, which the person claims to own, marked contrary to this subsection unless they were bought in market or of a stranger;
t. Abandon a domesticated animal;
u. For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature; or engage in, facilitate, or provide the means to engage in, trunk fighting as defined in section 1 of P.L.2021, c. 83 (C.4:22-24.1);
v. Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or creature for the purpose of fighting or baiting that animal or creature; or own, possess, buy, sell, transfer, or manufacture animal fighting paraphernalia as defined pursuant to R.S.4:22-24 for the purpose of engaging in or otherwise promoting or facilitating the fighting or baiting of a living animal or creature;
w. Gamble on the outcome of a fight involving a living animal or creature;
x. Knowingly sell or barter or offer for sale or barter, at wholesale or retail, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat, unless such fur or hair for sale or barter is from a commercial grooming establishment or a veterinary office or clinic or is for use for scientific research;
y. (1) Knowingly sell or barter, or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a domestic dog or cat, or any product made in whole or in part from the flesh of a domestic dog or cat;
(2) Knowingly slaughter a horse for human consumption;
(3) Knowingly sell or barter, or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a horse, or any product made in whole or in part from the flesh of a horse, or knowingly accept or publish newspaper advertising that includes the offering for sale, trade, or distribution of any such item for human consumption;
(4) Knowingly transport a horse for the purpose of slaughter for human consumption;
(5) Knowingly transport horsemeat, or any product made in whole or in part from the flesh of a horse, for the purpose of human consumption;
z. Surgically debark or silence a dog in violation of section 1 or 2 of P.L.2002, c. 102 (C.4:19-38 or C.4:19-39);
aa. Use a live pigeon, fowl or other bird for the purpose of a target, or to be shot at either for amusement or as a test of skill in marksmanship, except that this subsection and subsections bb. and cc. shall not apply to the shooting of game;
bb. Shoot at a bird used as described in subsection aa. of this section, or is a party to such shooting; or
cc. Lease a building, room, field or premises, or knowingly permit the use thereof for the purposes of subsection aa. or bb. of this section--
Shall forfeit and pay a sum according to the following schedule, to be sued for and recovered, with costs, in a civil action by any person in the name of the municipality or county wherein the defendant resides or where the offense was committed:
For a violation of subsection e., f., g., u., v., w., or z. of this section or of paragraph (3) of subsection a. of this section, or for a second or subsequent violation of paragraph (2) or (5) of subsection a. of this section, a sum of not less than $3,000 nor more than $5,000;
For a violation of subsection l. of this section, for a first violation of paragraph (2) or (5) of subsection a. of this section, a sum of not less than $1,000 nor more than $3,000;
For a violation of paragraph (4) of subsection a. of this section, or subsection c. of this section, a sum of not less than $500 nor more than $2,000;
For a violation of subsection x. or paragraph (1) of subsection y. of this section, a sum of not less than $500 nor more than $1,000 for each domestic dog or cat fur or fur or hair product or domestic dog or cat carcass or meat product sold, bartered, or offered for sale or barter;
For a violation of paragraph (2), (3), (4), or (5) of subsection y. of this section, a sum of not less than $500 nor more than $1,000 for each horse slaughtered or transported for the purpose of slaughter for human consumption, or for each horse carcass or meat product transported, sold or bartered, or offered or advertised for sale or barter;
For a violation of subsection t. of this section, a sum of not less than $500 nor more than $1,000, but if the violation occurs on or near a highway, a mandatory sum of $1,000;
For a violation of subsection d., h., j., k., aa., bb., or cc. of this section or of paragraph (1) of subsection a. of this section, a sum of not less than $250 nor more than $1,000; and
For a violation of subsection i., m., n., o., p., q., r., or s. of this section, a sum of not less than $250 nor more than $500.
Credits
Amended by L.1949, c. 294, p. 895, § 1; L.1951, c. 270, p. 935, § 1; L.1953, c. 5, p. 48, § 63; L.1954, c. 175, p. 683, § 1; L.1974, c. 18, § 1, eff. April 11, 1974; L.1977, c. 229, § 2, eff. Sept. 20, 1977; L.1983, c. 103, § 1, eff. March 14, 1983; L.1989, c. 35, § 2, eff. March 7, 1989; L.1991, c. 108, § 2, eff. April 19, 1991; L.1998, c. 105, § 3, eff. Sept. 14, 1998; L.1999, c. 307, § 3, eff. Jan. 4, 2000; L.2000, c. 162, § 2, eff. Dec. 7, 2000; L.2001, c. 229, § 4, eff. Aug. 27, 2001; L.2002, c. 102, § 8, eff. Nov. 20, 2002; L.2003, c. 232, § 3, eff. Jan. 9, 2004; L.2005, c. 105, § 2, eff. June 29, 2005; L.2005, c. 372, § 16, eff. Jan. 12, 2006; L.2012, c. 52, § 2, eff. Sept. 19, 2012; L.2013, c. 88, § 3, eff. Aug. 7, 2013; L.2017, c. 331, § 13, eff. Aug. 1, 2018; L.2019, c. 223, § 3, eff. Aug. 9, 2019; L.2021, c. 83, § 2, eff. May 11, 2021.
4:22-26.1. Confiscation and forfeiture of animal under certain circumstance
A certified animal control officer, municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, chief humane law enforcement officer, or animal cruelty prosecutor designated pursuant to paragraph (1) of subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4) may petition a court of competent jurisdiction to have any animal confiscated and forfeited that is owned or possessed by a person at the time the person is found to be guilty of violating R.S.4:22-17, R.S.4:22-18, R.S.4:22-19, R.S.4:22-20 or R.S.4:22-23. Upon a finding that the continued possession by that person poses a threat to the animal's welfare, the court may, in addition to any other penalty that may be imposed for a violation of R.S.4:22-17, R.S.4:22-18, R.S.4:22-19, R.S.4:22-20 or R.S.4:22-23, adjudge an animal forfeited for such disposition as the court deems appropriate.
Credits
L.1995, c. 255, § 1, eff. Nov. 2, 1995. Amended by L.2017, c. 331, § 14, eff. Aug. 1, 2018.
4:22-26.2. Petition for order requiring forfeiture of animal; conviction for animal cruelty violation; petition for transfer of animal; requirements
a. (1) Notwithstanding the provisions of any other law, or any rule or regulation adopted pursuant thereto, to the contrary, an animal care agency or enforcement agency may, upon the conviction of a person for an animal cruelty violation, petition the court in the animal cruelty proceeding for an order requiring forfeiture of the animal that is the basis of the conviction and prohibiting the person convicted of an animal cruelty violation from owning, harboring, residing with, or having custody or control of any other animals for a period of time that the court deems appropriate.
(2) Notwithstanding the provisions of any other law, or any rule or regulation adopted pursuant thereto, to the contrary, a co-owner of the animal that is the basis of the conviction may, upon such conviction, petition the court to transfer the animal to the custody of the petitioner upon a demonstration that the petitioner: (a) is a co-owner of the animal as demonstrated by a written and executed contract showing co-ownership of the animal and dated prior to the date of the violation; (b) does not reside with the defendant; (c) has not been convicted of an animal cruelty violation; and (d) did not harbor or have custody of the animal at the time of the violation for which the defendant was convicted.
b. At the sentencing of a person convicted of an animal cruelty violation, the court, upon its own initiative or in response to a petition filed pursuant to subsection a. of this section, and in addition to any other penalties that may be imposed on the defendant, may:
(1)(a) adjudge an animal that is the basis of the conviction for an animal cruelty violation forfeited to the animal care agency with custody of the animal, and invest all rights and privileges over the animal in the animal care agency; or (b) order the transfer of custody of the animal to the co-owner pursuant to a petition filed pursuant to paragraph (2) of subsection a. of this section, upon a determination that the co-owner has successfully demonstrated that the conditions in paragraph (2) of subsection a. of this section have been met, and the transfer is in the best interests of the animal's health, safety, and well-being, and will further the goal of protecting the animal from further harm; and
(2) order that the person convicted of an animal cruelty violation shall not own, harbor, reside with, or have custody or control of any other animals for a period of time that the court deems appropriate.
Credits
L.2023, c. 129, § 5, eff. July 26, 2023.
4:22-27. Repealed by L.1954, c. 50, p. 394, § 2
4:22-28. Effect of indictment or holding person to bail on liability for penalty
The indictment of a person under the provisions of this article, or the holding of a person to bail to await the action of a grand jury or court, shall not in any way relieve that person from liability to be sued for the appropriate penalties under R.S.4:22-26 .
CREDIT(S)
Amended by L.1953, c. 5, p. 51, § 65; L.1989, c. 35, § 3, eff. March 7, 1989; L.2003, c. 232, § 4, eff. Jan. 9, 2004.
4:22-29. Jurisdiction of action for penalty
The action for the penalty prescribed in R.S.4:22-26 shall be brought:
a. In the Superior Court; or
b. In a municipal court of the municipality wherein the defendant resides or where the offense was committed.
CREDIT(S)
Amended by L.1953, c. 5, p. 51, § 66; L.1991, c. 91, § 176, eff. April 9, 1991; L.2003, c. 232, § 5, eff. Jan. 9, 2004.
4:22-30, 4:22-31. Repealed by L.1953, c. 5, p. 51, §§ 67, 68
4:22-32. Enforcement and collection of penalties; warrant
Penalties for violations of R.S.4:22-26 shall be enforced and collected in a summary manner under the "Penalty Enforcement Law of 1999," P.L.1999, c. 274 (C.2A:58-10 et seq.). A warrant may issue when the defendant is temporarily within the jurisdiction of the court, but not residing therein; or when the defendant is likely to evade judgment by removal therefrom; or when the defendant's name or residence is unknown.
CREDIT(S)
Amended by L.1953, c. 5, p. 51, § 69; L.2003, c. 232, § 6, eff. Jan. 9, 2004.
4:22-33. Security for appearance where defendant nonresident or desires continuance
Where a defendant is a nonresident of the county in which the alleged offense was committed, or where a defendant desires an adjournment or continuance of the hearing, the court before whom the complaint has been made may, in its discretion, require the defendant to furnish security in an amount not exceeding two hundred fifty dollars ($250.00) for his appearance at the hearing.
CREDIT(S)
Amended by L.1953, c. 5, p. 51, § 70.
4:22-34 to 4:22-42. Repealed by L.1953, c. 5, p. 52, §§ 71 to 79
4:22-43. Powers of members or agents of the society - 4:22-43. Repealed by L.2005, c. 372, § 22, eff. Jan. 12, 2006
4:22-44. Arrests with or without warrant
Any municipal humane law enforcement officer , chief humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, sheriff, undersheriff, constable, or police officer may:
a. Make arrests for violations of article 2 of chapter 22 of Title 4 of the Revised Statutes; and
b. Arrest without warrant any person found violating the provisions of article 2 of chapter 22 of Title 4 of the Revised Statutes in the presence of such humane law enforcement officer, sheriff, undersheriff, constable, or police officer .
Credits
Amended by L.1953, c. 5, p. 52, § 80; L.1997, c. 247, § 4, eff. Dec. 8, 1997; L.2005, c. 372, § 17, eff. Jan. 12, 2006; L.2017, c. 331, § 15, eff. Aug. 1, 2018.
4:22-45. Notice of arrest to county prosecutor or designee
Where an arrest is made for a violation of subsection c. of R.S.4:22-17 by a constable, sheriff, undersheriff, police officer , municipal humane law enforcement officer, chief humane law enforcement officer, or humane law enforcement officer of a county society for the prevention of cruelty to animals, the officer shall give notice to the county prosecutor, or designee of the county prosecutor, at once, whereupon the county prosecutor, or designee of the county prosecutor, shall determine whether the offense should be handled in the Superior Court or in municipal court.
Credits
Amended by L.1997, c. 247, § 5, eff. Dec. 8, 1997; L.2017, c. 331, § 16, eff. Aug. 1, 2018.
4:22-46. Search warrants; issuance
Any court having jurisdiction of violations of the law in relation to cruelty to animals may issue search warrants to enter and search buildings or places wherein it is reasonably believed that such law is being violated.
CREDIT(S)
Amended by L.1953, c. 5, p. 52, § 81.
4:22-46.1. Definitions relating to animals involved in animal cruelty violations
As used in sections 2 through 5 of P.L.2023, c. 129 (C.4:22-46.1 et al.):
“Animal care agency” means a shelter, pound, kennel, or animal rescue organization, as those terms are defined in section 1 of P.L.1941, c. 151 (C.4:19-15.1), or a humane society or other organization that has temporary custody of an animal.
“Animal cruelty violation” means a civil or criminal violation of chapter 19 or 22 of Title 4 of the Revised Statutes, Title 2C of the New Jersey Statutes, or any other State law concerning animal cruelty.
“Enforcement agency” means any agency, department, organization, or county society for the prevention of cruelty to animals, or any agent, humane law enforcement officer, or representative thereof, involved in law enforcement or animal control, or the monitoring of animal welfare and animal cruelty violations.
“Reasonable costs of care” means: the costs of shelter, food, water, and bedding necessary to house an animal; the costs of necessary care to improve an animal's psychological well-being, including, but not limited to, training and enrichments designed to provide mental and physical stimulation; and the costs of necessary veterinary care for an animal, including, but not limited to, surgical intervention, medicine, vaccinations, and euthanasia and disposal costs, as determined necessary by a licensed veterinarian. “Reasonable costs of care” does not include the costs of elective surgical procedures.
Credits
L.2023, c. 129, § 2, eff. July 26, 2023.
4:22-46.2. Taking custody of animal; warrant; probable cause; animal cruelty violation; requirements
a. Notwithstanding the provisions of any other law, or any rule or regulation adopted pursuant thereto, to the contrary, upon a showing of probable cause that there has been an animal cruelty violation, a court of competent jurisdiction may issue, upon request, a warrant to any municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer to enter onto the private property where an animal is located and take custody of the animal.
b. Notwithstanding the provisions of subsection a. of this section, or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, a municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer may immediately enter onto private property where an animal is located and take custody of an animal if the officer has a reasonable basis to believe that, due to an animal cruelty violation, immediate assistance is required to protect or preserve the animal's life or prevent injury to the animal.
c. Upon taking custody of an animal pursuant to subsection a. or b. of this section, the person taking custody of the animal shall:
(1) post immediately, in a conspicuous place at the location from which the animal was taken into custody, the notice required pursuant to subsection d. of this section to the owner or person with custody or control of the animal;
(2) no later than seven days after the animal has been taken into custody, send by registered or certified mail, or by personal service, the notice described in subsection d. of this section, to:
(a) the address of the location from which the animal was taken into custody; and
(b) the owner of record, if the address for the owner of record is different from the address of the location from which the animal was taken.
d. The notice required pursuant to subsection c. of this section shall:
(1) provide a description of the animal;
(2) state the statutory authority and reason for taking custody of the animal; and
(3) provide contact information, including at least the name of any applicable office or entity, the name of a person at that office or entity, and a telephone number for the owner or person having custody or control of the animal to obtain information concerning the animal, including where the animal is in custody.
e. An animal taken into custody pursuant to subsection a. or b. of this section shall be placed in the care of a licensed shelter, pound, or kennel operating as a shelter or pound to ensure the humane care and treatment of the animal. If, after the animal has been taken into custody, a licensed veterinarian makes a written determination that the animal is in intractable and extreme pain and is beyond any reasonable hope of recovery with reasonable veterinary medical treatment, the animal may be euthanized. At any time while the licensed shelter, pound, or kennel operating as a shelter or pound has custody or control of the animal, it may place the animal in an animal rescue organization facility or a foster home, or may otherwise provide care to improve the animal's physical or psychological well-being, if it determines that such placement or care is in the best interests of the animal.
Credits
L.2023, c. 129, § 3, eff. July 26, 2023.
4:22-46.3. Action for reasonable costs of care; taking custody of animal involved in animal cruelty violation; service of complaint; complaint contents
a. An animal care agency that takes custody of an animal pursuant to section 3 of P.L.2023, c. 129 (C.4:22-46.2), or an authorized agent of the animal care agency, including an attorney prosecuting an animal cruelty violation on behalf of a municipality or county, may, no later than 20 days after the animal is taken into custody, file an action in the Superior Court seeking the reasonable costs of care for the animal from the animal's owner, or, if the owner is not known to the plaintiff, the person from whom the animal was taken. A copy of the complaint shall be served upon the animal's owner, or, if the owner is not known to the plaintiff, to the person from whom the animal was taken in accordance with the rules of the court. The complaint shall include:
(1) the name, business address, and telephone number of the animal care agency that has custody of the animal;
(2) a description of the animal taken into custody, including a licensed veterinarian's assessment of the animal's condition and needs;
(3) a statement of the actual and estimated reasonable costs of care for the animal;
(4) a statement that, at any time after the animal has been taken into custody, the animal's owner may relinquish ownership of the animal to the enforcement agency that seized the animal or to the animal care agency with custody of the animal;
(5) a statement that, if the animal's owner or the person from whom the animal was taken fails to pay any portion of the reasonable costs of care for the animal, as established by the court, when due, ownership of the animal shall immediately transfer to the animal care agency with custody of the animal; and
(6) a plain language summary of the provisions of P.L.2023, c. 129 (C.4:22-46.1 et al.), to be prepared by the Attorney General's Office and distributed to animal care agencies in the State.
b. Upon receipt of a complaint filed pursuant to subsection a. of this section, the court shall schedule a hearing on the complaint to be conducted no later than 30 days after the date on which the complaint is filed with the court. Failure by the court to hold a timely hearing pursuant to this subsection shall not affect the disposition of the animal under the provisions of P.L.2023, c. 129 (C.4:22-46.1 et al.) or the disposition of any pending animal cruelty case against the person from whom an animal was seized.
c. At the hearing on a complaint filed pursuant to subsection a. of this section, the plaintiff shall establish by a preponderance of the evidence that the animal was taken into custody for the animal's protection from harm. The court may consider testimony from the agent or officer who seized the animal and other witnesses as to the condition of the animal when seized and as to the conditions under which the animal or other animals in the household were kept, testimony and evidence as to the veterinary care provided to the animal, expert testimony as to the proper and reasonable care of the same type of animal, testimony from any witnesses as to the prior treatment or condition of this or other animals in the custody of the owner or person from whom the animal was taken, or any other evidence the court considers to be material or relevant. The plaintiff shall also demonstrate that the animal's owner, or, if the animal's owner is not known, the person from whom the animal was taken, was served with a copy of the complaint as required pursuant to subsection a. of this section.
(1) If the court determines that the plaintiff has demonstrated by a preponderance of the evidence that the animal was taken into custody for the animal's protection and that the service and content of the complaint met the requirements of subsection a. of this section, the court shall award damages for the reasonable costs of care for the animal for the period the animal is in the custody and care of the animal care agency against the animal's owner or the person from whom the animal was taken, as appropriate. The costs shall be calculated from the date the animal was taken into custody by the enforcement agency or animal care agency, whichever is earlier.
(2) If the court determines that the plaintiff has not shown by a preponderance of the evidence that an animal was taken into custody for the animal's protection, the court shall not award damages for the reasonable costs of care, but the animal shall remain in the custody of the animal care agency during the pendency of the criminal investigation and proceeding related to the alleged criminal offense that led to the seizure of the animal.
(3) If the court determines that the service or content of the complaint did not meet the requirements of subsection a. of this section, the animal shall remain in the custody of the animal care agency during the pendency of the criminal investigation and proceeding related to the alleged criminal offense that led to the seizure of the animal. The plaintiff may petition the court for a thirty-day extension to refile the complaint.
d. Unless otherwise ordered by the court, no later than seven days after the issuance of a court order pursuant to subsection c. of this section, the person found liable for the reasonable costs of care shall pay the animal care agency the full amount, as required by the court, for the respective 30-day period. The person shall make a new payment in the same amount every 30 days until:
(1) the owner voluntarily transfers ownership of the animal to the animal care agency;
(2) ownership of the animal is transferred to the animal care agency pursuant to subsection f. of this section;
(3) the animal is euthanized pursuant to subsection g. of this section; or
(4) final disposition of the proceeding related to the alleged criminal offense that led to the seizure of the animal, including forfeiture of the animal pursuant to section 5 of P.L.2023, c. 129 (C.4:22-26.2) or any other law.
Upon a change in the animal's ownership status pursuant to paragraphs (1) through (4) of this subsection, any unexpended amounts paid by the person to the animal care agency shall be returned to the person.
e. If the person against whom a judgment pursuant to subsection c. of this section was entered fails to make a payment for the reasonable costs of care for an animal within seven days of the date of issuance of the court order and every 30 days thereafter as required pursuant to subsection d. of this section, ownership of the animal shall immediately transfer, by operation of law, to the animal care agency with custody of the animal, and the animal care agency shall obtain all rights and privileges in and over the animal.
f. An animal care agency shall not sell; permanently alter, unless medically necessary; euthanize; offer for adoption; or otherwise dispose of an animal if the person liable for the reasonable costs of care for the animal makes timely payments of such costs to the animal care agency as required by the court; provided, however, that an animal care agency may euthanize an animal at any time if a licensed veterinarian makes a written determination that the animal is experiencing intractable and extreme pain and is beyond any reasonable hope of recovery.
g. If a person liable for the reasonable costs of care pursuant to this section is found not guilty of the alleged criminal animal cruelty offense that led to the seizure of the animal, and if the person has made timely payments of the reasonable costs of care pursuant to this section, the person shall have the right to immediately repossess the person's animal and to be reimbursed by the animal care agency for all of the reasonable costs of care that were paid by the person to the animal care agency.
h. The result of any hearing held pursuant to this section, and any statement made by a party in the course of such a hearing, shall not be admissible in any criminal prosecution for an animal cruelty violation.
i. If the owner or the person from whom an animal was taken, as applicable, fails to appear for a hearing for the reasonable costs of care for an animal pursuant to this section, the owner or other person shall be liable for the costs, and all other provisions of this section shall remain in force.
j. As used in this section, “animal” means any vertebrate other than humans, except that, other than animals used in connection with a violation of R.S.4:22-24 and equine animals, “animal” shall not include “domestic livestock” as defined by section 1 of P.L.1995, c. 311 (C.4:22-16.1).
Credits
L.2023, c. 129, § 4, eff. July 26, 2023.
4:22-47. Entry, arrests and seizures in building where violations of § 4:22- 24 exist
A sheriff, undersheriff, constable, police officer, municipal humane law enforcement officer , chief humane law enforcement officer, or humane law enforcement officer of a county society for the prevention of cruelty to animals may enter any building or place where there is an exhibition of the fighting or baiting of a living animal or creature, where preparations are being made for such an exhibition, or where a violation otherwise of R.S.4:22-24 is occurring, arrest without warrant all persons there present, and take possession of all living animals or creatures engaged in fighting or there found and all implements or appliances used or to be used in such exhibition.
Credits
Amended by L.1989, c. 35, § 4, eff. March 7, 1989; L.1997, c. 247, § 6, eff. Dec. 8, 1997; L.2005, c. 372, § 18, eff. Jan. 12, 2006; L.2017, c. 331, § 17, eff. Aug. 1, 2018.
4:22-48. Forfeiture of creatures and articles seized under § 4:22-47; costs payable by owner
The person seizing animals, creatures, implements or appliances as authorized in section 4:22-47 of this Title, shall, within 24 hours thereafter, apply to a court of competent jurisdiction to have the same forfeited and sold.
If, upon the hearing of the application, it is found and adjudged that at the time of the seizure the animals, creatures, implements or appliances were engaged or used in violation of section 4:22-47 or paragraphs "e," "f," "g," "u," "v," or "w" of section 4:22-26 of this Title, or were owned, possessed or kept with the intent that they should be so engaged or used, they shall be adjudged forfeited, and the court shall order the same sold in such manner as it shall deem proper, and after deducting the costs and expenses, shall dispose of the proceeds as provided in section 4:22-55 of this Title.
A bird or animal found or adjudged to be of no use or value may be liberated or disposed of as directed by the court.
The costs of sheltering, caring for, treating, and if necessary, destroying an animal or creature, including veterinary expenses therefor, until the animal or creature is adjudged forfeited and sold, liberated, or disposed of pursuant to this section shall be borne by the owner of the animal or creature.
A creature or property which is adjudged not forfeited shall be returned to the owner, and the person making the seizure shall pay all costs and expenses thereof.
CREDIT(S)
Amended by L.1953, c. 5, p. 53, § 82; L.1989, c. 35, § 5, eff. March 7, 1989.
4:22-48.1. Authorization for shelter, care, and treatment of seized animal; destruction; payment of costs; immunity from liability
a. A person authorized to take possession of a living animal or creature pursuant to R.S. 4:22-47 may provide such shelter, care, and treatment therefor, including veterinary care and treatment, that is reasonably necessary, the costs of which shall be borne by the owner of the seized animal or creature.
b. Notwithstanding the provisions of R.S. 4:22-48 to the contrary, a person seizing a living animal or creature pursuant to R.S. 4:22-47 may destroy it before it is adjudged forfeited if the animal or creature is thought to be beyond reasonable hope of recovery, the cost of which destruction shall be borne by the owner of the seized animal or creature. A person destroying an animal or creature pursuant to the authority of this subsection shall not be liable therefor to the owner of the animal or creature.
CREDIT(S)
L.1989, c. 35, § 6, eff. March 7, 1989.
4:22-48.2. Confiscated animals; costs of care and treatment
The costs of sheltering, caring for, or treating any animal that has been confiscated from a person arrested pursuant to the provisions of R.S.4:22-47 by a municipal humane law enforcement officer, a chief humane law enforcement officer, a humane law enforcement officer of a county society for the prevention of cruelty to animals, or any other person authorized to make an arrest pursuant to article 2 of chapter 22 of Title 4 of the Revised Statutes, until the animal is adjudged forfeited or until the animal is returned to the owner, shall be borne by the owner of the animal.
Credits
L.1997, c. 121, § 1, eff. June 20, 1997. Amended by L.2017, c. 331, § 18, eff. Aug. 1, 2018.
4:22-49. Repealed by L.1953, c. 5, p. 53, § 83
4:22-50. Care of animal when person in charge arrested
When a person arrested under the provisions of this article, is in charge of an animal at the time of the arrest, with or without a vehicle attached, and there is no one then present, other than the person arrested, to take charge of the property as owner or employee, the person making the arrest may take charge thereof or request a proper person to do so.
The person making the arrest shall promptly notify the owner of the taking of the property and its place of custody, either in person, by telephone or by mailing a notice to his last known post-office address, and a person in charge of the property at the time of the arrest, with permission of the owner, shall be deemed the agent of the owner to receive such notice.
Source: L.1931, c. 228, § 1, p. 576.
4:22-50.1. Arrest of owner or operator of animal pound or shelter for cruelty; petition to remove and appoint receiver; service
When the owner or operator of an animal pound or shelter is arrested pursuant to the provisions of article 2 of chapter 22 of Title 4 of the Revised Statutes1 by a municipal humane law enforcement officer, a chief humane law enforcement officer, a humane law enforcement officer of a county society for the prevention of cruelty to animals, or any other person authorized to make the arrest under that article, or when the warrant is issued for the arrest, the person making the arrest may petition the Chancery Division of Superior Court to remove the owner or operator as custodian of the animals and appoint a receiver to operate the pound or shelter. The petitioner shall serve a copy of the petition on the Department of Health, the local board of health, and the owner or operator. If a county society for the prevention of cruelty to animals has been designated by the county prosecutor pursuant to subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4), the county society shall, to the extent practicable, be appointed as receiver to operate the pound or shelter unless the county society is the owner or operator of the pound or shelter subject to arrest pursuant to this section.
Credits
L.1986, c. 89, § 1, eff. Aug. 14, 1986. Amended by L.2017, c. 331, § 19, eff. Aug. 1, 2018.
4:22-50.2. Appointment of receiver
The court may appoint a responsible person as a receiver upon a finding that the appointment is in the best interests of the animals at the pound or shelter.
A court shall not appoint a receiver without a hearing except upon a finding that immediate and irreparable harm to the animals may result. The owner shall be given notice of the hearing in a manner designated by the court. After receipt of this notice the owner shall be granted an opportunity to contest the imposition of the receivership at the hearing.
CREDIT(S)
L.1986, c. 89, § 2, eff. Aug. 14, 1986.
4:22-50.3. Receiver; authority and duties; compensation; excess revenues; cost deficiency; bond
The receiver shall be the custodian of the animals at the pound or shelter and shall have control over all real and personal property necessary for the daily operation of the pound or shelter. The receiver may assume the role of the administrator of the pound or shelter and take control of the daily operations or direct the owner or operator in the performance of his duties.
The court shall allow from the revenues of the pound or shelter a reasonable amount of compensation for the expenditures and services of the receiver. The revenues in excess of the cost of the receivership are to be paid to the owner of the pound or shelter. The owner is liable for a deficiency in the costs of the receivership, unless the deficiency results from the gross negligence, incompetence, or intentional misconduct of the receiver, in which case the receiver shall be liable for the deficiency. The receiver may be required to furnish a bond, the amount and form of which shall be approved by the court.
The cost of the bond shall be paid for by the shelter or pound.
CREDIT(S)
L.1986, c. 89, § 3, eff. Aug. 14, 1986.
4:22-50.4. Reports of actions taken and accounts itemizing revenues and expenditures; presentation or settlement of accounts
The court shall require the filing, at periodic intervals, of reports of action taken by the receiver and of accounts itemizing the revenues and expenditures. The reports shall be open to inspection to all parties to the case. Upon motion of the court, the receiver, or owner or operator, the court may require a presentation or settlement of the accounts. Notice of a motion for presentation or settlement of the accounts shall be served on the owner or operator or any party of record who appeared in the proceeding and any party in interest in the revenues and expenditures.
CREDIT(S)
L.1986, c. 89, § 4, eff. Aug. 14, 1986.
4:22-50.5. Termination of receivership
The receiver, owner, or operator may make a motion to terminate the receivership on grounds that the conditions complained of have been eliminated or remedied. The court may immediately terminate the receivership, or terminate the receivership subject to the terms the court deems necessary or appropriate to prevent the condition complained of from recurring.
CREDIT(S)
L.1986, c. 89, § 5, eff. Aug. 14, 1986.
This act applies to pounds and shelters as defined and licensed pursuant to P.L.1941, c. 151 (C.4:19-15.1 et seq.); to pounds and places of confinement owned and operated by municipalities, counties, or regional governmental authorities; and to every contractual warden or impounding service.
CREDIT(S)
L.1986, c. 89, § 6, eff. Aug. 14, 1986.
4:22-51. Supplying necessary food to animals impounded by another
When a living animal or creature is impounded or confined as provided in section 4:22-19 of this title, and shall continue to be without necessary food and water for more than twelve successive hours, any person may, from time to time as often as is necessary, enter into or upon the pound in which the animal or creature is impounded or confined and supply it with necessary food and water so long as it shall remain impounded or confined. Such person shall not be liable to an action for such entry.
The actual cost of the food, water and bedding, together with twenty per cent additional, may be collected by such person from the owner of the animal or creature in an action at law, together with costs, and the animal or creature shall not be exempt from levy and sale upon an execution issued upon a judgment therefor.
Source: L.1880, c. 157, § 10, p. 216 [C.S. p. 58, § 32].
4:22-52. Seizure and sale of vehicle transporting animals in cruel manner
The person arresting the person offending against the provisions of section 4:22-18 of this title shall take charge of the vehicle and its contents, and all necessary expenses which may be incurred for taking charge of and keeping and sustaining them shall be a lien thereon, to be paid before they can be lawfully redeemed.
If the vehicle and its contents are not redeemed within ten days from the time of the seizure, the person making the seizure shall cause them to be advertised for sale by advertisements published in a newspaper circulating in the neighborhood in which the seizure was made for at least three times in a daily paper or one time in a weekly paper, stating the time and place of the sale and the reason for the sale.
At the appointed time and place such person shall sell the vehicle and its contents to the highest bidder and out of the proceeds thereof shall pay all necessary expenses incurred, paying over the balance to the owner.
If the proceeds of the sale are insufficient to pay such expenses, the balance may be recovered by the person making the seizure from the owner in an action at law.
Source: L.1880, c. 157, § 8, p. 215 [C.S. p. 57, § 29].
4:22-53. Sale of animals abandoned in disabled condition
An animal or creature abandoned in a maimed, sick, infirm, or disabled condition, if fit for further use, may be advertised and sold in the manner directed by a court of competent jurisdiction or animal cruelty prosecutor designated pursuant to paragraph (1) of subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4).
The proceeds, after deducting expenses, shall be paid to the county to be used for the purpose of protecting animals in the county.
Credits
Amended by L.1953, c. 5, p. 53, § 84; L.2017, c. 331, § 20, eff. Aug. 1, 2018.
4:22-54. Destruction of animals found in disabled condition
When an animal or creature is found on the highway or elsewhere, whether abandoned or not, in a maimed, sick, infirm, or disabled condition, a court of competent jurisdiction , sheriff of the county, chief humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or municipal humane law enforcement officer may appoint a suitable person to examine and destroy such animal or creature if unfit for further use.
Credits
Amended by L.1953, c. 5, p. 54, § 85; L.2017, c. 331, § 21, eff. Aug. 1, 2018.
4:22-55. Disposition of fines, penalties and moneys imposed and collected
a. Except as provided pursuant to subsection b. of this section, all fines, penalties and moneys imposed and collected under the provisions of article 2 of chapter 22 of Title 4 of the Revised Statutes, shall be paid by the court or by the clerk or court officer receiving the fines, penalties or moneys, within 30 days and without demand, to the county to be used for the purpose of protecting animals in the county.
b. If an enforcement action for a violation of article 2 of chapter 22 of Title 4 of the Revised Statutes is brought:
(1) in Superior Court primarily as a result of the reporting of the violation to the county prosecutor by a certified animal control officer or a municipal humane law enforcement officer, the fines, penalties, or moneys collected shall be paid as follows: one half to the municipality in which the violation occurred; and one half to the county to be used for the purpose of protecting animals in the county.
(2) in a municipal court of a municipality in which a municipal humane law enforcement officer has been designated pursuant to section 25 of P.L.2017, c. 331 (C.4:22-14.1), the fines, penalties, or moneys collected shall be paid without demand, to the municipality in which the violation occurred.
(3) in a municipal court of a municipality in which a municipal humane law enforcement officer has not been designated pursuant to section 25 of P.L.2017, c. 331 (C.4:22-14.1), the fines, penalties, or moneys collected shall be paid as follows: one half to the municipality in which the violation occurred; and one half to the county to be used for the purpose of protecting animals in the county.
c. Any fines, penalties, or moneys paid to a municipality pursuant to subsection b. of this section shall be allocated by the municipality to defray the cost of:
(1) enforcement of animal control, animal welfare, and animal cruelty laws and ordinances within the municipality; and(2) the training therefor required of certified animal control officers and municipal humane law enforcement officers pursuant to law or other animal enforcement related training authorized by law for municipal employees.
Credits
Amended by L.1953, c. 5, p. 54, § 86; L.1997, c. 247, § 7, eff. Dec. 8, 1997; L.2005, c. 372, § 19, eff. Jan. 12, 2006; L.2017, c. 331, § 22, eff. Aug. 1, 2018.
4:22-56. Liability for civil damages
Although a municipality and a county may share in the receipt of fines, penalties, or moneys collected with regard to violations occurring in the municipality pursuant to the provisions of R.S.4:22-55:
a. a municipality or any official or officer thereof, municipal prosecutor, municipal humane law enforcement officer, or certified animal control officer shall not be liable for any civil damages as a result of any act or omission of a county or any official or officer thereof, county prosecutor, county animal cruelty prosecutor, chief humane law enforcement officer, or county society for the prevention of cruelty to animals or any humane law enforcement officer thereof with regard to any investigation, arrest, or prosecution of a violator with which the municipality or any official or officer thereof, municipal prosecutor, municipal humane law enforcement officer, or certified animal control officer was not involved; and
b. a county or any official or officer thereof, county prosecutor, county animal cruelty prosecutor, chief humane law enforcement officer, or county society for the prevention of cruelty to animals or any humane law enforcement officer thereof shall not be liable for any civil damages as a result of any act or omission of a municipality or any official or officer thereof, municipal prosecutor, municipal humane law enforcement officer, or certified animal control officer with regard to any investigation, arrest, or prosecution of a violator with which the county or any official or officer thereof, county prosecutor, county animal cruelty prosecutor, chief humane law enforcement officer, or county society for the prevention of cruelty to animals or any humane law enforcement officer thereof was not involved.
Credits
L.1997, c. 247, § 10, eff. Dec. 8, 1997; L.2005, c. 372, § 20, eff. Jan. 12, 2006. Amended by L.2017, c. 331, § 23, eff. Aug. 1, 2018.
4:22-57. Maintenance of list of persons not eligible to be certified animal control officers, municipal humane law enforcement officers, or humane law enforcement officers of a county society for the prevention of cruelty to animals, or a designee; notification to commissioner of violations
a. For the purposes of establishing the list of persons not eligible to be certified animal control officers as required pursuant to subsections b. and c. of section 3 of P.L.1983, c.525 (C.4:19-15.16a), notice shall be provided, within 90 days after the effective date of this section, to the Commissioner of Health and Senior Services of any person 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, by any court or other official administrative entity
a. (Deleted by amendment, P.L.2017, c. 331)
b. For the purposes of maintaining the list of persons not eligible to be a certified animal control officer, municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or designee pursuant to subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4), as established pursuant to subsections b. and c. of section 3 of P.L.1983, c. 525 (C.4:19-15.16a), the court or other official adjudging the guilt or liability for a violation of any provision of article 2 of chapter 22 of Title 4 of the Revised Statutes, shall charge the prosecutor or other appropriate person, other than a certified animal control officer, with the responsibility to notify within 30 days the commissioner, in writing, of the full name of the person found guilty of, or liable for, an applicable violation, and the violation for which or of which that person was found guilty or liable, and the person charged with the responsibility shall provide such notice.
Credits
L.2003, c. 67, § 3, eff. May 5, 2003; L.2005, c. 372, § 21, eff. Jan. 12, 2006. Amended by L.2017, c. 331, § 24, eff. Aug. 1, 2018.
For the purposes of this act: [FN1]
“Animal” means any vertebrate other than humans;
“Committee” means the federal Interagency Coordinating Committee on the Validation of Alternative Methods, established under the federal “ICCVAM Authorization Act of 2000,” 42 U.S.C. s.285l-2 et seq.;
“Contract testing facility” means any partnership, corporation, association, or other legal relationship that tests chemicals, ingredients, product formulations, or products in the State;
“Manufacturer” means any partnership, corporation, association, or other legal relationship that produces products, product formulations, chemicals, or ingredients in the State;
“Medical research” means research related to the causes, diagnosis, treatment, control, or prevention of physical or mental diseases and impairments of humans and animals or related to the development of biomedical products, devices, or drugs as defined in 21 U.S.C. s.321. “Medical research” shall not include the testing of an ingredient that was formerly used in a drug, tested for the drug use with traditional animal test methods to characterize the ingredient and to substantiate its safety for human use, and currently is proposed for use in a product other than a biomedical product, device, or drug;
“Traditional animal test method” means a process or procedure using animals to obtain information on the characteristics of a chemical or agent and that generates information regarding the ability of a chemical or agent to produce a specific biological effect under specified conditions; and
“Validated alternative test method” means a test method that does not use animals or in some cases reduces or refines the current use of animals, for which the reliability and relevance for a specific purpose has been established in validation studies as specified in the Interagency Coordinating Committee on the Validation of Alternative Methods report provided to federal agencies as required pursuant to the federal “ICCVAM Authorization Act of 2000,” 42 U.S.C. s.285l-2 et seq.
CREDIT(S)
L.2007, c. 210, § 1, eff. Dec. 20, 2007.
4:22-59. Restrictions upon use of traditional animal testing methods for which there is an appropriate alternative testing method
a. When conducting any product testing in the State, no manufacturer or contract testing facility shall use a traditional animal test method for which there is an appropriate validated alternative test method that has been adopted by the relevant federal agency or agencies responsible for regulating the specific product or activity for which the test is being conducted, pursuant to the provisions of the federal “ICCVAM Authorization Act of 2000,” 42 U.S.C. s.285l-2 et seq. No provision of this subsection shall be construed to apply to any animal test conducted for the purposes of medical research.
b. No provision of this section shall prohibit the use of any nonanimal alternative test method for the testing of any product, product formulation, chemical, or ingredient that is not recommended by the committee.
c. No provision of this section shall prohibit the use of animal tests to comply with the requirements of State or federal agencies when the federal agency has approved a nonanimal alternative test method pursuant to subsection a. of this section and the federal agency concludes that the nonanimal alternative test does not assure the health or safety of consumers.
CREDIT(S)
L.2007, c. 210, § 2, eff. Dec. 20, 2007.
4:22-60. Cause of action; relief
Notwithstanding any other provision of law, or any rule or regulation adopted pursuant thereto, to the contrary, the exclusive remedy for enforcing this act [FN1] shall be the Attorney General bringing a civil action in a court of competent jurisdiction to restrain the violation and for other further relief as the court shall determine is proper.
CREDIT(S)
L.2007, c. 210, § 3, eff. Dec. 20, 2007.
[FN1] L.2007, c. 210 (N.J.S.A. § 4:22-58 et seq.).
4:22-61. Selling or offering to sell any cosmetic developed or manufactured using an animal test prohibited; requirements; exceptions; penalty
a. For the purposes of this section:
“Animal test” means the internal or external application of a cosmetic, or any ingredient thereof, to a body part of a live, nonhuman vertebrate.
“Cosmetic” means the same as the term is defined in the “Federal Food, Drug, and Cosmetic Act” (21 U.S.C. s.321(i)).
“Ingredient” means any component of a cosmetic as defined by 21 C.F.R. 700.3.
“Manufacturer” means any person whose name appears on the label of a cosmetic product pursuant to the requirements of 21 C.F.R. 701.12.
“Supplier” means any entity that supplies, directly or through a third party, any ingredient used in the formulation of a manufacturer's cosmetic.
b. No manufacturer shall sell or offer for sale in the State any cosmetic that was developed or manufactured using an animal test, if the test was conducted or contracted by the manufacturer or any supplier of the manufacturer on or after the effective date of P.L.2021, c. 272 (C.4:22-61)1.
c. The prohibitions in subsection b. of this section do not apply to cosmetics developed or manufactured using an animal test if:
(1) The animal test is required by a federal or State regulatory authority and:
(a) the ingredient that requires an animal test is in wide use and cannot be replaced by another ingredient,
(b) a specific human health problem is associated with the ingredient and the need to conduct an animal test on the ingredient is justified and supported by a research protocol, and
(c) there is no non-animal test method or strategy that is accepted by the relevant federal or State regulatory authority as a means to gather the relevant data;
(2) The animal test is conducted outside of the United States to comply with a requirement of a foreign regulatory authority, if no evidence derived from the test is relied upon to substantiate the safety of the cosmetic pursuant to federal or State regulations;
(3) The animal test is conducted on a product or ingredient subject to the requirements of chapter V of the federal “Food, Drug, and Cosmetic Act,” 21 U.S.C. s.351 et seq.; or
(4) The animal test is conducted for non-cosmetic purposes pursuant to a requirement of a federal, State, or foreign regulatory authority. No evidence derived from animal testing after the effective date of P.L.2021, c. 272 (C.4:22-61) may be relied upon to establish the safety of a cosmetic pursuant to federal or State regulation unless:
(a) there is no non-animal method or strategy recognized by any federal agency or the Organisation for Economic Co-operation and Development for the relevant safety endpoints for the ingredient;
(b) there is documented evidence of the non-cosmetic intent of the test; and
(c) there is a history of use of the ingredient outside of cosmetics at least one year prior to the reliance on the data.
d. The provisions of this section shall not apply to animal testing conducted on an ingredient or cosmetic if the testing took place prior to the effective date of P.L.2021, c. 272 (C.4:22-61). This section shall not prevent a manufacturer from reviewing, assessing, or retaining data resulting from animal testing.
e. Each sale or offer for sale made by a manufacturer in violation of this section shall be subject to a penalty of up to $1,000, to be collected in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c. 274 (C.2A:58-10 et seq.). If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate, and distinct offense.
The director of the Division of Consumer Affairs in the Department of Law and Public Safety may enforce the provisions of this section. The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the “Penalty Enforcement Law of 1999.”
f. The Division of Consumer Affairs may institute a civil action for injunctive relief to enforce this act and to prohibit and prevent a violation of this act, and the court may proceed in the action in a summary manner.
g. Nothing in this act shall be construed to impose liability on news media that accept or publish advertising that may fall within the scope of the statute.
Credits
L.2021, c. 272, § 1, eff. March 1, 2022.
Title 2c. The New Jersey Code of Criminal Justice. Subtitle 2. Definition of Specific Offenses. Part 5. Offenses Against Public Order, Health and Decency. Chapter 33. Riot, Disorderly Conduct, and Related Offenses
2C:33-31. Dog fighting; penalties
a. A person is guilty of dog fighting if that person knowingly:
(1) keeps, uses, is connected with or interested in the management of, or receives money for the admission of a person to, a place kept or used for the purpose of fighting or baiting a dog;
(2) owns, possesses, keeps, trains, promotes, purchases, breeds or sells a dog for the purpose of fighting or baiting that dog;
(3) for amusement or gain, causes, allows, or permits the fighting or baiting of a dog;
(4) permits or suffers a place owned or controlled by that person to be used for the purpose of fighting or baiting a dog;
(5) is present and witnesses, pays admission to, encourages or assists in the fighting or baiting of a dog;
(6) gambles on the outcome of a fight involving a dog; or
(7) owns, possesses, buys, sells, transfers, or manufactures dog fighting paraphernalia for the purpose of engaging in or otherwise promoting or facilitating the fighting or baiting of a dog.
Dog fighting is a crime of the third degree.
b. (1) In addition to any other penalty imposed, the court shall order:
(a) the seizure and forfeiture of any dogs or other animals used for fighting or baiting, and may upon request of the prosecutor or on its own motion, order any person convicted of a violation under this section to forfeit possession of: (i) any other dogs or other animals in the person's custody or possession; and (ii) any other property involved in or related to a violation of this section; and
(b) restitution, concerning the dogs or other animals seized and forfeited pursuant to subparagraph (a) of this paragraph, in the form of reimbursing any costs for all the animals' food, drink, shelter, or veterinary care or treatment, or other costs, incurred by any person, agency, entity, or organization, including but not limited to a county society for the prevention of cruelty to animals, any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, a State or local governmental entity, or a kennel, shelter, pound, or other facility.
(2) The court may prohibit any convicted person from having future possession or custody of any animal for any period of time the court deems reasonable, including a permanent prohibition.
c. For the purposes of this section :
“Dog fighting paraphernalia” means equipment, products, implements, and materials of any kind that are used, intended for use, or designed for use in the training, preparation, or conditioning of a dog for fighting, or in furtherance of dog fighting.
“Bait” means to attack with violence, to provoke, or to harass a dog with one or more animals for the purpose of training the dog for, or to cause a dog to engage in, a fight with or among other dogs.
d. In determining whether an object is dog fighting paraphernalia, a tryer of fact may consider:
(1) the proximity of the object in time and space to any violation of this section;
(2) direct or circumstantial evidence of the intent of the person to deliver the object to any person whom the person in possession of the object knows, or should reasonably know, intends to use the object to violate this section;
(3) oral or written instructions concerning its use provided with, or found in the vicinity of, the object;
(4) descriptive materials accompanying the object which explain or depict its use; and
(5) any other relevant factors.
Credits
L.2015, c. 85, § 1, eff. Aug. 10, 2015. Amended by L.2017, c. 331, § 2, eff. Aug. 1, 2018; L.2019, c. 223, § 1, eff. Aug. 9, 2019.
2C:33-32. Dog fighting; leader of network; additional penalties
a. A person is a leader of a dog fighting network if he conspires with others in a scheme or course of conduct to unlawfully engage in dog fighting, as defined in section 1 of P.L.2015, c. 85 (C.2C:33-31), as an organizer, supervisor, financier or manager of at least one other person. Leader of a dog fighting network is a crime of the second degree.
“Financier” means a person who, with the intent to derive a profit, provides money or credit or other thing of value in order to finance the operations of dog fighting.
b. (1) In addition to any other penalty imposed, the court shall order:
(a) The seizure and forfeiture of any dogs or other animals used for fighting or baiting, and may upon request of the prosecutor or on its own motion, order any person convicted of a violation under this section to forfeit possession of: (i) any other dogs or other animals in the person's custody or possession; and (ii) any other property involved in or related to a violation of this section; and
(b) restitution, concerning the dogs or other animals seized and forfeited pursuant to subparagraph (a) of this paragraph, in the form of reimbursing any costs for all the animals' food, drink, shelter, or veterinary care or treatment, or other costs, incurred by any person, agency, entity, or organization, including but not limited to a county society for the prevention of cruelty to animals, any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, a State or local governmental entity, or a kennel, shelter, pound, or other facility.
(2) The court may prohibit any convicted person from having future possession or custody of any animal for any period of time the court deems reasonable, including a permanent prohibition.
c. Notwithstanding the provisions of N.J.S.2C:1-8, a conviction of leader of a dog fighting network shall not merge with the conviction for any offense, nor shall such other conviction merge with a conviction under this section, which is the object of the conspiracy. Nothing contained in this section shall prohibit the court from imposing an extended term pursuant to N.J.S.2C:43-7; nor shall this section be construed in any way to preclude or limit the prosecution or conviction of any person for conspiracy under N.J.S.2C:5-2, or any prosecution or conviction under N.J.S.2C:41-1 et seq. (racketeering activities) or subsection g. of N.J.S.2C:5-2 (leader of organized crime) or any prosecution or conviction for any such offense.
d. It shall not be necessary in any prosecution under this section for the State to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attendant circumstances, including but not limited to the number of persons involved in the scheme or course of conduct, the actor's net worth and his expenditures in relation to his legitimate sources of income, or the amount of cash or currency involved.
e. It shall not be a defense to a prosecution under this section that the dog intended to be used for fighting was brought into or transported in this State solely for ultimate distribution or sale in another jurisdiction.
f. It shall not be a defense that the defendant was subject to the supervision or management of another, nor that another person or persons were also leaders of a dog fighting network.
Credits
L.2015, c. 85, § 2, eff. Aug. 10, 2015. Amended by L.2017, c. 331, § 3, eff. Aug. 1, 2018