The original statute, adopted nearly 150 years ago, was intended to protect animals, mostly horses, against abuses at a time when horses were relied on for transportation and field work. Definitions - 4:22-11.1 to 4:22-11.10. (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. h�bbd```b``="@$�^� "��E���j0�,�������� �l3����@�9�5�d���_��')3012��D�v��T �3|�z � \� b. Repealed by L.2017, c. 331, § 35, eff. Failure to care for or destruction of impounded animals; penalties; collection, 4:22-19.1 . Aug. 1, 2018. a. 4:22-51. 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. Security for appearance where defendant nonresident or desires continuance. 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. Care of animal when person in charge arrested. A160 Requires voter registration forms be made available when applying for hunting, fishing, or trapping license. Jan. 5, 1996. CreditsAmended by L.1953, c. 5, p. 54, § 85; L.2017, c. 331, § 21, eff. b. until July 31, 2018), 4:22–17.8 . (2) post on its website the materials enumerated in paragraph (1) of this subsection. 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. p. 52, § 7]. 4:22-17. Dog fighting; leader of network; additional penalties, 4:22-10, 4:22-11. 4:22-50.1. 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. 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. County societies for the prevention of cruelty to animals; designation of chartered county society or non-profit corporation; responsibilities, 4:22–14.9. CREDIT(S) Amended by L.1953, c. 5, p. 51, § 70. b. 4:22-11.12. May 8, 1997. Failure to care for or destruction of impounded animals; penalties; collection, 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. In addition to any requirement imposed by P.L.1994, c. 16 (C.45:17A-18 et seq.) (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. This term does not include any medical procedure performed by a licensed veterinarian practicing veterinary medicine or an accepted animal husbandry practice. “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). Aug. 1, 2018. 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. Training course for animal protection law enforcement. 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. (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. 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. Aug. 7, 2013. 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.) CREDIT(S) L.1986, c. 89, § 5, eff. 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 that the dog, domestic companion animal, or service animal may be euthanized upon a veterinarian's written determination of medical necessity as required by subsection e. of this section; (3) state the statutory authority and reason for taking custody of the dog, domestic companion animal, or service animal; and (4) 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, the alleged violation, and where the animal is impounded. According to the definitional section, "animal" or "creature" includes the whole brute creation. 3279 0 obj <>stream 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 superintendent shall complete the criminal history record background check required pursuant to this subsection within 90 days after receipt of a request therefor. 4:22-21. 4:22-17(a), under cruelty. 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. Repealed by L.2017, c. 331, § 35, eff. ): (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. Aug. 1, 2018, 4:22-11.6. Agriculture and Domestic Animals. 4:22-59. Animal Cruelty Prevention in New Jersey; Township Clerk; Environmental Commission; Historic Preservation Commission; Alexandria Historical Society ... Park & Rec Commission; 55 and Over Group; Affordable Housing Animal Cruelty Laws in New Jersey (Effective 2018) Animal_Cruelty_Info.pdf. Aug. 1, 2018. a. 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. 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. Carrying animal in cruel, inhumane manner; disorderly persons offense, 4:22-19 . Repealed by L.1953, c. 5, p. 51, §§ 67, 68, 4:22-32. © 2020 Michigan State University College of Law. or bb. Dog fighting is a crime of the third degree. Facts: The New Jersey Society for the Prevention of Cruelty to Animals (“NJSPCA”) sought to recover $100 per alleged violation from the Board of Education of the City of East Orange in p. 57, § 29]. 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. Arrest of owner or operator of animal pound or shelter for cruelty; petition to remove and appoint receiver; service. The receiver may be required to furnish a bond, the amount and form of which shall be approved by the court. 4:22-17.3. h��TKhQ=�46����h��hqQZ��F�VE�6�`�֘�A,5-.���}�7�nR]�#Uh�@���mp�T���**EQ�7�u�#3��s�9��. 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. A dismissal or suspension shall be subject to the provisions of subsection h. of this section. Jan. 13, 1986; L.1995, c. 311, § 2, eff. (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. 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; u. According to the definitional section, “animal” or “creature” includes the whole brute creation. (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. Jan. 12, 2006. Repealed by L.2005, c. 372, § 22, eff. “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. Dec. 7, 2000; L.2001, c. 229, § 1, eff. CREDIT(S) Amended by L.1953, c. 5, p. 52, § 81. 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. Jan. 5, 1996. Receiver; authority and duties; compensation; excess revenues; cost deficiency; bond. g. Any summons issued for a violation of P.L.2017, c. 189 (C.4:22-17.1 et seq.) (1) A person who violates subsection a. of this section shall be guilty of a disorderly persons offense. 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. 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. s.321. 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. (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. Use of common badge by nonmember; petty disorderly persons offense - 4:22-12. To familiarize yourself with the Animal Cruelty statutes in New Jersey, please click here. : This is a New Jersey State law meant to prevent animals (and animal waste) from coming into contact with food (service dogs are exempt from this law). Prohibition upon slaughter of horses for human consumption; punishment, 4:22-26 . Amended by L.1953, c. 5, p. 51, § 65; L.1989, c. 35, § 3, eff. to surrender any assets to the State, or any political subdivision or other entity thereof. a. Amended by L.1995, c. 355, § 3, eff. Amended by L.1995, c. 355, § 6, eff. Aug. 14, 1986. The below definitions generally outline, but are not limited to, potential violations of New Jersey Animal Cruelty or Neglect Laws. ALL animals in New Jersey—domestic, wild, “farmed,” or otherwise—are protected under the law. 4:22-48. Jan. 12, 2006; L.2017, c. 331, § 15, eff. Aug. 1, 2018. Use of common badge by nonmember; petty disorderly persons offense - 4:22-12. Powers of members or agents of the society - 4:22-43. L.2015, c. 85, § 1, eff. “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). Nov. 16, 1988. Law: Live Animals are Not Allowed in Restaurants or Retail Food Establishments. Aug. 1, 2018, 4:22-11.4. (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. Make arrests for violations of article 2 of chapter 22 of Title 4 of the Revised Statutes; and. 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. Use or disposal of animals having contagious diseases; crime of the fourth degree, 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. Jan. 5, 1996. Training courses for humane law enforcement officers and agents - 4:22-11.1 to 4:22-11.10. 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. 4:22-19. Prohibition upon slaughter of horses for human consumption; punishment. ), shall be applicable to municipal humane law enforcement officers until otherwise revised or repealed by the Department of Health. Proper shelter for a dog, domestic companion animal, or service animal; exceptionsa. Dec. 7, 2000; L.2001, c. 229, § 4, eff. Supplying necessary food to animals impounded by another. Repealed by L.2017, c. 331, § 35, eff. 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. § 161-F:30 - 33. Violators can face fines of $100 to $500 for each offense — and multiple days of violations can mean multiple charges — as well as imprisonment. (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. 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 . Companion Animals. Aug. 7, 2013; L.2017, c. 331, § 13, eff. 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. 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. 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. 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. 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. Repealed by L.2017, c. 331, § 35, eff. [FN1] L.2007, c. 210 (N.J.S.A. A person authorized to take possession of a living animal or creature pursuant to R.S. 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. “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. 4:22-18. Repealed by L.2017, c. 331, § 35, eff. (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. Repealed by L.1954, c. 50, p. 394, § 2, 4:22-28 . 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. Disposition of fines, penalties and moneys imposed and collected. Prohibition of use of neuromuscular blocking agent to destroy domestic animal, 4:22-20 . 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