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4:19-15.3.Fees; renewals; expiration date of licenses; acceptance of license in all municipalities; guide dogs or service dogs
New Jersey Statutes Annotated.
Title 2A. Administration of Civil and Criminal Justice. Subtitle 6. Specific Civil Actions. Chapter 42. Landlord and Tenant; Rights and Remedies. Article 8. Domesticated Animals in Housing Projects.
2A:42-109 . Handicapped persons
Title 2C. The New Jersey Code of Criminal Justice. Subtitle 2. Definition of Specific Offenses. Part 4. Offenses Against Public Administration. Chapter 29. Obstructing Governmental Operations; Escape.
2C:29-3.1 . Purposeful infliction of harm on animal owned or used by law enforcement agency or interference with law enforcement officer using such animal; "search and rescue dog" defined
2C:29-3.2. Service animals or guide dogs; reckless killing or interference with use; degree of crime; restitution
Title 10. Civil Rights. Chapter 5. Law Against Discrimination.
10:5-5 . Definitions
10:5-29 . Handicapped, blind or deaf person; accompaniment by service or guide dog; use of public facilities; liabilities
10:5-29.1 . Handicapped, blind or deaf persons; unlawful employment practice
10:5-29.2 . Housing accommodations
10:5-29.3 . Service or guide dog trainer; access to public facilities; responsibilities
10:5-29.4 . Blind person accompanied by guide dog; right-of-way crossing highway or intersection
10:5-29.5 . Violations of act, misrepresentation of guide dog or intentional interference with rights of disabled person accompanied by guide or service dog; fine
10:5-29.6 . Rights, privileges, conditions and restrictions of blind persons with “seeing eye” dog; application to handicapped or deaf persons with “service dogs” or “hearing ear” dogs
10:5-29.7 . Definitions
10:5-29.8 . Working dogs with police, fire, law enforcement personnel; access to public facilities, transportation; conditions
10:5-29.9 . Police, fire, law enforcement personnel with working dogs; housing and business accommodations; liability for damages
10:5-29.10 . Violation; penalties
10:5-29.11. Service or guide dog accompanying person with disability; civil penalty for interfering with or denying access to public facility; filing of complaint or action by aggrieved party; public awareness campaign
Title 18A. Education. Subtitle 6. Conduct of Schools. Part 4. Special Schools, Classes and Facilities. Chapter 46. Classes and Facilities for Handicapped Children. Article 4. Classification of Handicapped Children; Facilities and Programs.
18A:46-13.2. Legislative findings and declarations; use of service animals
18A:46-13.3 . Service or guide dogs permitted for certain students; administrative requirements
Title 27. Highways. Subtitle 8. Public Transportation. Chapter 25. New Jersey Public Transportation Act of 1979. A. Public Transportation Act of 1979
27:25-5b. Guide or service dogs on buses, trains, or other forms of transportation
Title 36. Legal Holidays. Chapter 2. Commemorative Days
36:2-213. Assistance Animal Recognition Day
Title 39. Motor Vehicles and Traffic. Regulation. Subtitle 1. Motor Vehicle and Traffic Laws. Chapter 4. Traffic Regulation. Article 6. Pedestrians.
39:4-37.1 . Blind persons; right of way
Title 48. Public Utilities. Chapter 3. Public Utilities in General. Article 6. General Provisions.
48:3-33 . Dog may accompany blind, handicapped or deaf person on buses or other public utilities
Appendix A. Emergency and Temporary Acts. Chapter 9. National Defense. Article 6. Emergency Powers of Governor.
App. A:9-43.2 . Written emergency operations plan of each county and municipality; development and adoption; periodic evaluation
Title 2A. Administration of Civil and Criminal Justice. Subtitle 6. Specific Civil Actions. Chapter 42. Landlord and Tenant; Rights and Remedies. Article 8. Domesticated Animals in Housing Projects.
2A:42-109. Handicapped persons
Nothing in this act shall impair the rights of a person with disabilities to own, harbor or care for a domesticated animal, including guide dogs and service dogs, in accordance with the "Law Against Discrimination," P.L.1945, c. 169 (C.10:5-1 et seq.).
CREDIT(S)
L.1990, c. 55, § 7, eff. Nov. 1, 1990. Amended by L.2003, c. 180, § 1.
Title 10. Civil Rights. Chapter 5. Law Against Discrimination.
As used in P.L.1945, c. 169 (C.10:5-1 et seq.), unless a different meaning clearly appears from the context:
a. “Person” includes one or more individuals, partnerships, associations, organizations, labor organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and fiduciaries.
b. “Employment agency” includes any person undertaking to procure employees or opportunities for others to work.
c. “Labor organization” includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.
d. “Unlawful employment practice” and “unlawful discrimination” include only those unlawful practices and acts specified in section 11 of P.L.1945, c. 169 (C.10:5-12).
e. “Employer” includes all persons as defined in subsection a. of this section unless otherwise specifically exempt under another section of P.L.1945, c. 169 (C.10:5-1 et seq.), and includes the State, any political or civil subdivision thereof, and all public officers, agencies, boards, or bodies.
f. “Employee” does not include any individual employed in the domestic service of any person.
g. “Liability for service in the Armed Forces of the United States” means subject to being ordered as an individual or member of an organized unit into active service in the Armed Forces of the United States by reason of membership in the National Guard, naval militia or a reserve component of the Armed Forces of the United States, or subject to being inducted into such armed forces through a system of national selective service.
h. “Division” means the “Division on Civil Rights” created by P.L.1945, c. 169 (C.10:5-1 et seq.).
i. “Attorney General” means the Attorney General of the State of New Jersey or the Attorney General's representative or designee.
j. “Commission” means the Commission on Civil Rights created by P.L.1945, c. 169 (C.10:5-1 et seq.).
k. “Director” means the Director of the Division on Civil Rights.
l. “A place of public accommodation” shall include, but not be limited to: any tavern, roadhouse, hotel, motel, trailer camp, summer camp, day camp, or resort camp, whether for entertainment of transient guests or accommodation of those seeking health, recreation, or rest; any producer, manufacturer, wholesaler, distributor, retail shop, store, establishment, or concession dealing with goods or services of any kind; any restaurant, eating house, or place where food is sold for consumption on the premises; any place maintained for the sale of ice cream, ice and fruit preparations or their derivatives, soda water or confections, or where any beverages of any kind are retailed for consumption on the premises; any garage, any public conveyance operated on land or water or in the air or any stations and terminals thereof; any bathhouse, boardwalk, or seashore accommodation; any auditorium, meeting place, or hall; any theatre, motion-picture house, music hall, roof garden, skating rink, swimming pool, amusement and recreation park, fair, bowling alley, gymnasium, shooting gallery, billiard and pool parlor, or other place of amusement; any comfort station; any dispensary, clinic, or hospital; any public library; and any kindergarten, primary and secondary school, trade or business school, high school, academy, college and university, or any educational institution under the supervision of the State Board of Education or the Commissioner of Education of the State of New Jersey. Nothing herein contained shall be construed to include or to apply to any institution, bona fide club, or place of accommodation, which is in its nature distinctly private; nor shall anything herein contained apply to any educational facility operated or maintained by a bona fide religious or sectarian institution, and the right of a natural parent or one in loco parentis to direct the education and upbringing of a child under his control is hereby affirmed; nor shall anything herein contained be construed to bar any private secondary or post-secondary school from using in good faith criteria other than race, creed, color, national origin, ancestry, gender identity, or expression or affectional or sexual orientation in the admission of students.
m. “A publicly assisted housing accommodation” shall include all housing built with public funds or public assistance pursuant to P.L.1949, c. 300,1 P.L.1941, c. 213,2 P.L.1944, c. 169,3 P.L.1949, c. 303,4 P.L.1938, c. 19,5 P.L.1938, c. 20,6 P.L.1946, c. 52,7 and P.L.1949, c. 184,8 and all housing financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof.
n. The term “real property” includes real estate, lands, tenements and hereditaments, corporeal and incorporeal, and leaseholds, provided, however, that, except as to publicly assisted housing accommodations, the provisions of this act shall not apply to the rental: (1) of a single apartment or flat in a two-family dwelling, the other occupancy unit of which is occupied by the owner as a residence; or (2) of a room or rooms to another person or persons by the owner or occupant of a one-family dwelling occupied by the owner or occupant as a residence at the time of such rental. Nothing herein contained shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised, or controlled by or in connection with a religious organization, in the sale, lease, or rental of real property, from limiting admission to or giving preference to persons of the same religion or denomination or from making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained. Nor does any provision under this act regarding discrimination on the basis of familial status apply with respect to housing for older persons.
o. “Real estate broker” includes a person, firm, or corporation who, for a fee, commission, or other valuable consideration, or by reason of promise or reasonable expectation thereof, lists for sale, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale, exchange, purchase, or rental of real estate or an interest therein, or collects or offers or attempts to collect rent for the use of real estate, or solicits for prospective purchasers or assists or directs in the procuring of prospects or the negotiation or closing of any transaction which does or is contemplated to result in the sale, exchange, leasing, renting, or auctioning of any real estate, or negotiates, or offers or attempts or agrees to negotiate a loan secured or to be secured by mortgage or other encumbrance upon or transfer of any real estate for others; or any person who, for pecuniary gain or expectation of pecuniary gain conducts a public or private competitive sale of lands or any interest in lands. In the sale of lots, the term “real estate broker” shall also include any person, partnership, association, or corporation employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary and commission or otherwise, to sell such real estate, or any parts thereof, in lots or other parcels, and who shall sell or exchange, or offer or attempt or agree to negotiate the sale or exchange, of any such lot or parcel of real estate.
p. “Real estate salesperson” includes any person who, for compensation, valuable consideration or commission, or other thing of value, or by reason of a promise or reasonable expectation thereof, is employed by and operates under the supervision of a licensed real estate broker to sell or offer to sell, buy or offer to buy or negotiate the purchase, sale, or exchange of real estate, or offers or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon or transfer of real estate, or to lease or rent, or offer to lease or rent any real estate for others, or to collect rents for the use of real estate, or to solicit for prospective purchasers or lessees of real estate, or who is employed by a licensed real estate broker to sell or offer to sell lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary and commission, or otherwise to sell real estate, or any parts thereof, in lots or other parcels.
q. “Disability” means physical or sensory disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness or speech impairment, or physical reliance on a service or guide dog, wheelchair, or other remedial appliance or device, or any mental, psychological, or developmental disability, including autism spectrum disorders, resulting from anatomical, psychological, physiological, or neurological conditions which prevents the typical exercise of any bodily or mental functions or is demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques. Disability shall also mean AIDS or HIV infection.
r. “Blind person” or “person who is blind” means any individual whose central visual acuity does not exceed 20/200 in the better eye with correcting lens or whose visual acuity is better than 20/200 if accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees.
s. “Guide dog” means a dog used to assist persons who are deaf, or which is fitted with a special harness so as to be suitable as an aid to the mobility of a person who is blind, and is used by a person who is blind and has satisfactorily completed a specific course of training in the use of such a dog, and has been trained by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities, including, but not limited to, those persons who are blind or deaf, as reputable and competent to provide dogs with training of this type.
t. “Guide or service dog trainer” means any person who is employed by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities, including, but not limited to, those persons who are blind, have visual impairments, or are deaf or have hearing impairments, as reputable and competent to provide dogs with training, as defined in this section, and who is actually involved in the training process.
u. “Housing accommodation” means any publicly assisted housing accommodation or any real property, or portion thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more persons, but shall not include any single family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.
v. “Public facility” means any place of public accommodation and any street, highway, sidewalk, walkway, public building, and any other place or structure to which the general public is regularly, normally, or customarily permitted or invited.
w. “Deaf person” or “person who is deaf” means any person whose hearing is so severely impaired that the person is unable to hear and understand conversational speech through the unaided ear alone, and who must depend primarily on an assistive listening device or visual communication such as writing, lip reading, sign language, and gestures.
x. “Atypical hereditary cellular or blood trait” means sickle cell trait, hemoglobin C trait, thalassemia trait, Tay-Sachs trait, or cystic fibrosis trait.
y. “Sickle cell trait” means the condition wherein the major natural hemoglobin components present in the blood of the individual are hemoglobin A (normal) and hemoglobin S (sickle hemoglobin) as defined by standard chemical and physical analytic techniques, including electrophoresis; and the proportion of hemoglobin A is greater than the proportion of hemoglobin S or one natural parent of the individual is shown to have only normal hemoglobin components (hemoglobin A, hemoglobin A2, hemoglobin F) in the normal proportions by standard chemical and physical analytic tests.
z. “Hemoglobin C trait” means the condition wherein the major natural hemoglobin components present in the blood of the individual are hemoglobin A (normal) and hemoglobin C as defined by standard chemical and physical analytic techniques, including electrophoresis; and the proportion of hemoglobin A is greater than the proportion of hemoglobin C or one natural parent of the individual is shown to have only normal hemoglobin components (hemoglobin A, hemoglobin A2, hemoglobin F) in normal proportions by standard chemical and physical analytic tests.
aa. “Thalassemia trait” means the presence of the thalassemia gene which in combination with another similar gene results in the chronic hereditary disease Cooley's anemia.
bb. “Tay-Sachs trait” means the presence of the Tay-Sachs gene which in combination with another similar gene results in the chronic hereditary disease Tay-Sachs.
cc. “Cystic fibrosis trait” means the presence of the cystic fibrosis gene which in combination with another similar gene results in the chronic hereditary disease cystic fibrosis.
dd. “Service dog” means any dog individually trained to the requirements of a person with a disability including, but not limited to minimal protection work, rescue work, pulling a wheelchair or retrieving dropped items. This term shall include a “seizure dog” trained to alert or otherwise assist persons with epilepsy or other seizure disorders.
ee. “Qualified Medicaid applicant” means an individual who is a qualified applicant pursuant to P.L.1968, c. 413 (C.30:4D-1 et seq.).
ff. “AIDS” means acquired immune deficiency syndrome as defined by the Centers for Disease Control and Prevention of the United States Public Health Service.
gg. “HIV infection” means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.
hh. “Affectional or sexual orientation” means male or female heterosexuality, homosexuality, or bisexuality by inclination, practice, identity, or expression, having a history thereof or being perceived, presumed, or identified by others as having such an orientation.
ii. “Heterosexuality” means affectional, emotional, or physical attraction or behavior which is primarily directed towards persons of the other gender.
jj. “Homosexuality” means affectional, emotional, or physical attraction or behavior which is primarily directed towards persons of the same gender.
kk. “Bisexuality” means affectional, emotional, or physical attraction or behavior which is directed towards persons of either gender.
ll. “Familial status” means being the natural parent of a child, the adoptive parent of a child, the resource family parent of a child, having a “parent and child relationship” with a child as defined by State law, or having sole or joint legal or physical custody, care, guardianship, or visitation with a child, or any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
mm. “Housing for older persons” means housing:
(1) provided under any State program that the Attorney General determines is specifically designed and operated to assist persons who are elderly (as defined in the State program); or provided under any federal program that the United States Department of Housing and Urban Development determines is specifically designed and operated to assist persons who are elderly (as defined in the federal program); or
(2) intended for, and solely occupied by, persons 62 years of age or older; or
(3) intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this paragraph, the Attorney General shall adopt regulations which require at least the following factors:
(a) the existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and
(b) that at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and
(c) the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
Housing shall not fail to meet the requirements for housing for older persons by reason of: persons residing in such housing as of September 13, 1988 not meeting the age requirements of this subsection, provided that new occupants of such housing meet the age requirements of this subsection; or unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of this subsection.
nn. “Genetic characteristic” means any inherited gene or chromosome, or alteration thereof, that is scientifically or medically believed to predispose an individual to a disease, disorder, or syndrome, or to be associated with a statistically significant increased risk of development of a disease, disorder, or syndrome.
oo. “Genetic information” means the information about genes, gene products, or inherited characteristics that may derive from an individual or family member.
pp. “Genetic test” means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA, and mitochondrial DNA, chromosomes, or proteins in order to identify a predisposing genetic characteristic.
qq. “Domestic partnership” means a domestic partnership established pursuant to section 4 of P.L.2003, c. 246 (C.26:8A-4).
rr. “Gender identity or expression” means having or being perceived as having a gender related identity or expression whether or not stereotypically associated with a person's assigned sex at birth.
ss. “Civil Union” means a legally recognized union of two eligible individuals established pursuant to R.S.37:1-1 et seq. and P.L.2006, c. 103 (C.37:1-28 et al.).
tt. “Premium wages” means additional remuneration for night, weekend, or holiday work, or for standby or irregular duty.
uu. “Premium benefit” means an employment benefit, such as seniority, group life insurance, health insurance, disability insurance, sick leave, annual leave, or an educational or pension benefit that is greater than the employment benefit due the employee for an equivalent period of work performed during the regular work schedule of the employee.
vv. “Race” is inclusive of traits historically associated with race, including, but not limited to, hair texture, hair types, and protective hairstyles.
ww. “Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locks, and twists.
xx. “Family member” means a child, parent, parent-in-law, sibling, grandparent, grandchild, spouse, partner in a civil union couple, domestic partner, or any other individual related by blood to the person, and any other individual that the person shows to have a close association with the person which is the equivalent of a family relationship.
Credits
L.1945, c. 169, p. 589, § 5. Amended by L.1949, c. 11, p. 38, § 3; L.1951, c. 64, p. 419, § 3; L.1957, c. 66, p. 128, § 2; L.1961, c. 106, p. 683, § 2; L.1963, c. 40, § 1; L.1966, c. 17, § 1; L.1966, c. 254, § 1, eff. Aug. 26, 1966; L.1972, c. 114, § 1, eff. Aug. 1, 1972; L.1977, c. 122, § 1, eff. June 6, 1977; L.1977, c. 456, § 1, eff. March 2, 1978; L.1978, c. 137, § 3, eff. Nov. 2, 1978; L.1979, c. 86, § 1, eff. May 15, 1979; L.1980, c. 46, § 4, eff. June 26, 1980; L.1981, c. 185, § 1, eff. June 22, 1981; L.1983, c. 485, § 3, eff. Jan. 17, 1984; L.1985, c. 303, § 1, eff. Nov. 22, 1985; L.1986, c. 8, § 1, eff. March 28, 1986; L.1991, c. 493, § 1, eff. Jan. 18, 1992; L.1991, c. 519, § 3, eff. Jan. 19, 1992; L.1992, c. 146, § 4, eff. Nov. 20, 1992; L.1996, c. 126, § 4, eff. Nov. 19, 1996; L.2003, c. 180, § 6, eff. Jan. 1, 2004; L.2003, c. 246, § 11, eff. July 10, 2004; L.2003, c. 293, § 1, eff. Jan. 14, 2004; L.2004, c. 130, § 37, eff. Aug. 27, 2004; L.2006, c. 100, § 4; L.2006, c. 103, § 87, eff. Feb. 19, 2007; L.2007, c. 325, § 1, eff. Jan. 13, 2008; L.2009, c. 205, § 1, eff. Jan. 15, 2010; L.2017, c. 131, § 8, eff. July 21, 2017; L.2019, c. 272, § 1, eff. Dec. 19, 2019; L.2019, c. 436, § 2, eff. Jan. 21, 2020.
[FN1] N.J.S.A. § 55:14A-31 et seq. Repealed. See, now, N.J.S.A. § 40A:12A-1 et seq.
[FN2] N.J.S.A. § 55:14C-1 et seq. Repealed. See, now, N.J.S.A. § 40A:12A-1 et seq.
[FN3] N.J.S.A. § 55:14D-1 et seq.
[FN4] N.J.S.A. § 55:14H-1 et seq.
[FN5] N.J.S.A. § 55:14A-1 et seq. Repealed. See, now, N.J.S.A. § 40A:12A-1 et seq.
[FN6] N.J.S.A. § 55:14B-1 et seq. Repealed. See, now, N.J.S.A. § 40A:12A-1 et seq.
[FN7] N.J.S.A. § 55:14E-1 et seq.
[FN8] N.J.S.A. § 55:16-1 et seq.
10:5-29. Handicapped, blind or deaf person; accompaniment by service or guide dog; use of public facilities; liabilities
Any person with a disability accompanied by a service or guide dog trained by a recognized training agency or school is entitled, with his dog, to the full and equal enjoyment, advantages, facilities and privileges of all public facilities, subject only to the following conditions:
a. A person with a disability, if accompanied by a service or guide dog, shall keep such dog in his immediate custody at all times;
b. A person with a disability accompanied by a service or guide dog shall not be charged any extra fee or payment for admission to or use of any public facility;
c. A person with a disability who has a service or guide dog in his possession shall be liable for any damages done to the premises of a public facility by such dog.
d. (Deleted by amendment; P.L.1981, c. 391.)
CREDIT(S)
L.1971, c. 130, § 1, eff. May 6, 1971. Amended by L.1977, c. 456, § 2, eff. March 2, 1978; L.1980, c. 46, § 5, eff. June 26, 1980; L.1981, c. 391, § 1, eff. Jan. 6, 1982; L.1983, c. 485, § 4, eff. Jan. 17, 1984; L.2003, c. 180, § 18, eff. Jan. 1, 2004.
10:5-29.1. Handicapped, blind or deaf persons; unlawful employment practice
Unless it can be clearly shown that a person's disability would prevent such person from performing a particular job, it is an unlawful employment practice to deny to an otherwise qualified person with a disability the opportunity to obtain or maintain employment, or to advance in position in his job, solely because such person is a person with a disability or because such person is accompanied by a service or guide dog.
CREDIT(S)
L.1977, c. 456, § 3, eff. March 2, 1978. Amended by L.1980, c. 46, § 6, eff. June 26, 1980; L.1983, c. 485, § 5, eff. Jan. 17, 1984; L.2003, c. 180, § 19, eff. Jan. 1, 2004.
10:5-29.2. Housing accommodations
A person with a disability is entitled to rent, lease or purchase, as other members of the general public, all housing accommodations offered for rent, lease, or compensation in this State, subject to the rights, conditions and limitations established by law. Nothing in this section shall require any person renting, leasing or providing for compensation real property, to modify such property in any way to provide a higher degree of care for a person with a disability than for any other person. A person with a disability who has a service or guide dog, or who obtains a service or guide dog, or who retains their former service or guide dog as a pet after its retirement from service, shall be entitled to full and equal access to all housing accommodations and shall not be required to pay extra compensation for such service or guide dog or retired pet, but shall be liable for any damages done to the premises by such dog. Any provision in any lease or rental agreement prohibiting maintenance of a pet or pets on or in the premises shall not be applicable to a working service or guide dog, or a retired service or guide dog, owned by a tenant who is a person with a disability.
CREDITS
L.1977, c. 456, § 4, eff. March 2, 1978. Amended by L.1980, c. 46, § 7, eff. June 26, 1980; L.1983, c. 485, § 6, eff. Jan. 17, 1984; L.2003, c. 180, § 20, eff. Jan. 1, 2004; L.2017, c. 187, § 1, eff. Aug. 7, 2017.
10:5-29.3. Service or guide dog trainer; access to public facilities; responsibilities
A service or guide dog trainer, while engaged in the actual training process and activities of service dogs or guide dogs, shall have the same rights and privileges with respect to access to public facilities, and the same responsibilities as are applicable to a person with a disability.
CREDIT(S)
L.1977, c. 456, § 5, eff. March 2, 1978. Amended by L.1980, c. 46, § 8, eff. June 26, 1980; L.1983, c. 485, § 7, eff. Jan. 17, 1984; L.2003, c. 180, § 21, eff. Jan. 1, 2004.
10:5-29.4. Blind person accompanied by guide dog; right-of-way crossing highway or intersection
A person with a disability accompanied by a guide dog, or a guide dog instructor engaged in instructing a guide dog, shall have the right-of-way over vehicles while crossing a highway or any intersection thereof, as provided in section 1 of P.L.1939, c. 274 (C.39:4-37.1).
CREDIT(S)
L.1977, c. 456, § 6, eff. March 2, 1978. Amended by L.1999, c. 264, § 1, eff. Oct. 26, 1999; L.2003, c. 180, § 22, eff. Jan. 1, 2004.
10:5-29.5. Violations of act, misrepresentation of guide dog or intentional interference with rights of disabled person accompanied by guide or service dog; fine
Any person who violates the provisions of P.L.1977, c. 456 in a manner not otherwise prohibited by P.L.1945, c. 169 (C.10:5-1 et seq.), or who fits a dog with a harness of the type commonly used by blind persons in order to represent that such dog is a guide dog when training of the type that guide dogs normally receive has not in fact, been provided, or who otherwise intentionally interferes with the rights of a person with a disability, who is accompanied by a guide or service dog, or the function or the ability to function of a guide or service dog, shall be fined not less than $100 and not more than $500.
CREDIT(S)
L.1977, c. 456, § 7, eff. March 2, 1978. Amended by L.2005, c. 258, § 1, eff. March 5, 2006.
10:5-29.6. Rights, privileges, conditions and restrictions of blind persons with “seeing eye” dog; application to handicapped or deaf persons with “service dogs” or “hearing ear” dogs
Whenever the law accords rights and privileges to or imposes conditions and restrictions upon blind persons with respect to their use of dogs to countervail their disability, and known and described as “seeing eye” dogs, those rights, privileges, conditions and restrictions shall also apply to persons with disabilities with respect to their use of dogs to countervail their disability, and known and described as either “service dogs” or “hearing ear” dogs.
CREDIT(S)
L.1980, c. 46, § 9, eff. June 26, 1980. Amended by L.1983, c. 485, § 8, eff. Jan. 17, 1984; L.2003, c. 180, § 23, eff. Jan. 1, 2004.
“Housing accommodation” means the same as the term is defined in subsection u. of section 5 of P.L.1945, c. 169 (C.10:5-5);
“Working dog” means any dog trained for the purpose of human search and rescue, body recovery, arson detection, bomb detection, narcotics detection, criminal apprehension, police assistance or other related purposes, whether in the performance of such tasks or while traveling to or from such tasks.
L.2006, c. 88, § 1, eff. Aug. 21, 2006.
A member of a police, fire, law enforcement or other related emergency service agency who possesses a working dog, is entitled to rent, lease or purchase, as other members of the general public, all housing accommodations and business accommodations offered for rent, lease, or compensation in this State, subject to the rights, conditions and limitations established by law. A member of a police, fire, law enforcement or other related emergency service agency who possesses a working dog, or who obtains a working dog, shall be entitled to full and equal access to all housing accommodations and business accommodations and shall not be required to pay extra compensation for the dog, but shall be liable for any damages done to the premises by the dog. Any provision in any lease or rental agreement prohibiting maintenance of a pet or pets on or in the premise shall not be applicable to a working dog owned by a tenant who is a member of a police, fire, law enforcement or other related emergency service agency.
L.2006, c. 88, § 3, eff. Aug. 21, 2006.
L.2006, c. 88, § 4, eff. Aug. 21, 2006.
b. The penalty shall be collected pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c. 274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. A law enforcement officer having enforcement authority in that municipality shall issue a summons for a violation of the provisions of subsection a. of this section, and shall serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court.
Title 48. Public Utilities. Chapter 3. Public Utilities in General. Article 6. General Provisions.
Any person who is blind or deaf-blind, accompanied by a dog, known and described as a “seeing-eye dog,” any person who is deaf or hard of hearing, accompanied by a dog, known and described as a “hearing ear dog,” any person with a disability, accompanied by a dog, known and described as a “service dog,” or any person who is blind or deaf-blind, deaf or hard of hearing, or with a disability accompanied by a service dog trained by a recognized training agency or school, when riding on any bus or other public utility, as defined in R.S. 48:2-13, engaged in transportation of passengers, may keep such animal in his or her immediate custody. The Board of Public Utilities shall prescribe rules and regulations concerning such custody.
CREDITS
Amended by L.1980, c. 46, § 2, eff. June 26, 1980; L.1983, c. 485, § 1, eff. Jan. 17, 1984; L.2017, c. 131, § 184, eff. July 21, 2017.
Title 18A. Education. Subtitle 6. Conduct of Schools. Part 4. Special Schools, Classes and Facilities. Chapter 46. Classes and Facilities for Handicapped Children. Article 4. Classification of Handicapped Children; Facilities and Programs.
The Legislature finds and declares that: service animals have a long history of performing crucial tasks and fulfilling a significant role in the daily activities of many people with physical disabilities; in addition to their traditional roles, service animals can be trained to be a calming influence and provide a connection to the familiar in unfamiliar surroundings for students with autism or other developmental disabilities; under the federal Americans with Disabilities Act of 1990, service animals are permitted in schools, other public areas, and places of public accommodation; allowing a student with autism or other disability to bring a service animal to class and on school grounds will enhance the learning process and help the student reach his full academic potential.
Credits
L.2011, c. 156, § 1, eff. Jan. 5, 2012.
a. A student with a disability, including autism, shall be permitted access for a service animal in school buildings, including the classroom, on school buses, and on school grounds.
L.2011, c. 156, § 2, eff. Jan. 5, 2012. Amended by L.2015, c. 29, § 1, eff. March 23, 2015.
Title 36. Legal Holidays. Chapter 2. Commemorative Days
Wednesday of the second week of August each year is designated “Assistance Animal Recognition Day” in the State of New Jersey in order to highlight the important role that assistance animals play in the lives of persons with disabilities and to promote awareness of the rights of persons with disabilities and their assistance animals.
L.2013, J.R. No. 10, § 1, eff. Aug. 9, 2013.
Title 39. Motor Vehicles and Traffic. Regulation. Subtitle 1. Motor Vehicle and Traffic Laws. Chapter 4. Traffic Regulation. Article 6. Pedestrians.
39:4-37.1. Blind persons; right of way
Any blind person using as a guide a walking cane, predominantly white or metallic in color or any blind person using as a guide a seeing-eye dog or other dog trained as a guide for the blind, equipped with a rigid "U"-shaped harness such as customarily used on dog guides or any guide dog instructor engaged in instructing a guide dog shall have the right-of-way in crossing any highway or any intersection thereof, and all drivers of vehicles shall yield the right-of-way to such blind person or guide dog instructor engaged in instructing a guide dog although traffic on said highway or intersection thereof is controlled by traffic signals, anything in the motor vehicle and traffic laws of this State to the contrary notwithstanding. The failure of a blind person or guide dog instructor to comply with the provisions of this act shall not give rise to a conclusive presumption of contributory negligence by such person. The provisions of this section shall not apply where traffic is specially directed by a traffic or police officer.
CREDIT(S)
L.1939, c. 274, p. 696, § 1. Amended by L.1946, c. 208, p. 805, § 1; L.1971, c. 81, § 1, eff. April 8, 1971; L.1999, c. 264, § 2, eff. Oct. 26, 1999.
Appendix A. Emergency and Temporary Acts. Chapter 9. National Defense. Article 6. Emergency Powers of Governor.
App. A:9-43.2. Written emergency operations plan of each county and municipality; development and adoption; periodic evaluation
Each county and municipality in the State shall prepare a written Emergency Operations Plan with all appropriate annexes necessary to implement the plan. The development of all plans shall be coordinated with the Emergency Operations Plans of the State, county and neighboring municipalities to ensure a regional coordinated response and the efficient use of resources.
a. These plans shall include, but not be limited to, provisions which shall be developed in consultation with:
(1) the Department of Agriculture, to support the needs of animals and individuals with an animal under their care, including domestic livestock, a domesticated animal, or a service animal, in a major disaster or emergency; and
(2) the Department of Health and Senior Services to evaluate the evacuation procedures of hospitals and other health care facilities located in each county and municipality, alternative sources of care for evacuated patients, and proposed sites of temporary shelter in the event of an emergency.
b. Each plan shall include provisions that specifically address the need for the safe and timely evacuation of the families and dependents of the emergency responders rendering major disaster or emergency services.
c. Each Emergency Operations Plan shall be adopted no later than one year after the State Emergency Planning Guidelines have been adopted by the State Office of Emergency Management and shall be evaluated at such subsequent scheduled review of the State Emergency Operations Plan.
Credits
L.1989, c. 222, § 19, eff. Dec. 29, 1989. Amended by L.2006, c. 92, § 2, eff. Dec. 1, 2006; L.2011, c. 178, § 9, eff. Feb. 1, 2013.
Title 2C. The New Jersey Code of Criminal Justice. Subtitle 2. Definition of Specific Offenses. Part 4. Offenses Against Public Administration. Chapter 29. Obstructing Governmental Operations; Escape.
2C:29-3.1. Purposeful infliction of harm on animal owned or used by law enforcement agency or interference with law enforcement officer using such animal; "search and rescue dog" defined
a. Any person who purposely kills a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog shall be guilty of a crime of the third degree, and shall be sentenced by the court to a term of imprisonment. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at five years, during which the defendant shall be ineligible for parole. In addition, the court shall impose a fine of $15,000.
b. Any person who purposely maims or otherwise inflicts harm upon a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog shall be guilty of a crime of the fourth degree.
c. Any person who purposely threatens to kill, maim or otherwise inflict harm upon a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog, under circumstances reasonably causing the person to whom the threat is made to believe that it is likely that it will be carried out, shall be guilty of a crime of the fourth degree.
d. Any person who interferes with any law enforcement officer using an animal in the performance of his official duties commits a disorderly persons offense, subject to a sentence of six months' imprisonment, some or all of which may be community service, restitution and a $1,000 fine.
As used in this section, “search and rescue dog” means any dog trained or being trained for the purpose of search and rescue that is owned by an independent handler or member of a search and rescue team, and used in conjunction with local law enforcement or emergency services organizations for the purpose of locating missing persons or evidence of arson.
Credits
L.1983, c. 261, § 1, eff. July 7, 1983. Amended by L.1999, c. 14, § 1, eff. Feb. 3, 1999; L.2005, c. 24, § 1, eff. Jan. 26, 2005; L.2011, c. 77, § 1, eff. June 21, 2011; L.2013, c. 137, § 1, eff. Aug. 14, 2013.
2C:29-3.2. Service animals or guide dogs; reckless killing or interference with use; degree of crime; restitution
a. Any person who recklessly kills a service animal or guide dog, or who recklessly permits a dog that the person owns or over which the person has immediate control, to injure or kill a service animal or guide dog, is guilty of a crime of the fourth degree.
b. Any person who recklessly injures a service animal or guide dog, or recklessly permits a dog that the person owns or over which the person has immediate control, to injure a service animal or guide dog, is guilty of a disorderly persons offense.
c. Any person who recklessly interferes with the use of a service animal or guide dog, or who recklessly permits a dog that the person owns or over which that person has immediate control, to interfere with a service animal or guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of that service animal or guide dog or its handler, is guilty of a petty disorderly persons offense.
d. A person who is convicted of a violation of this section, in addition to any other penalty, shall make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the handler of the service animal or guide dog. Restitution under this section shall include, but not be limited to:
(1) the value of the service animal or guide dog;
(2) replacement and training or retraining expenses for the service animal or guide dog and the handler;
(3) veterinary and other medical and boarding expenses for the service animal or guide dog;
(4) medical expenses for the handler; and
(5) lost wages or income incurred by the handler during any period that the handler is without the services of the service animal or guide dog.
e. As used in this section:
“Guide dog” shall mean a dog which has been or is being raised or trained to provide assistance to a blind or deaf person, including but not limited to a dog that has been or is being raised or trained by a volunteer puppy raiser or staff member of an organization generally recognized as being involved in the rehabilitation of the blind or deaf and reputable and competent to provide dogs with specialized training.
“Service animal” shall have the same meaning as set forth in the federal “Americans with Disabilities Act of 1990” (42 U.S.C. s.12101 et seq.) and any regulations under the act.
Credits
L.2013, c. 205, § 1, eff. Jan. 17, 2014.
Title 27. Highways. Subtitle 8. Public Transportation. Chapter 25. New Jersey Public Transportation Act of 1979. A. Public Transportation Act of 1979
27:25-5b. Guide or service dogs on buses, trains, or other forms of transportation
Any person with a disability accompanied by a guide or service dog or any guide or service dog trainer accompanied by a guide or service dog, when riding on any bus, train, or other form of transportation operated by or under contract to the New Jersey Transit Corporation, may keep such dog, appropriately controlled, in the person's immediate custody. The corporation shall not deny to any person use of, or entry to, any vehicle used for public transportation services or any vehicle used for providing transportation to persons with a disability or to guide or service dog trainers because the person is accompanied by a guide or service dog, provided that the guide or service dog is appropriately controlled. As used in this section, the terms “disability,” “guide dog,” “guide or service dog trainer,” and “service dog” shall have the same meaning as set forth in section 5 of P.L.1945, c. 169 (C.10:5-5).
Credits
L.2016, c. 25, § 1, eff. Aug. 18, 2016.