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new jersey animal cruelty laws

Oct. 27, 1982, see § 4:22-19.2, post.>, 4:22-19.2. 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. "New Jersey Safe Haven for Protection of Domestic Companion Animals Act." L.2017, c. 189, § 7, eff. Assistance by governmental entities to certain humane law enforcement officers. “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. Aug. 1, 2018. 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. of City of East Orange, 219 A.2d. Jan. 12, 2006. ), shall be applicable to municipal humane law enforcement officers until otherwise revised or repealed by the Department of Health. 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. According to the definitional section, “animal” or “creature” includes the whole brute creation. Repealed by L.2017, c. 331, § 35, eff. Right to amend charter to include enumerated powers and purposes - 4:22-13. April 19, 1991. New Jersey law specifically protects pets, not only from their owners, but anyone in charge of caring for an animal. The receiver may be required to furnish a bond, the amount and form of which shall be approved by the court. Sale of animals abandoned in disabled condition, 4:22-54 . [FN1] L.2007, c. 210 (N.J.S.A. b. Shall be guilty of a crime of the fourth degree. Dec. 8, 1997; L.2005, c. 372, § 18, eff. Establishment of bylaws and uniform standards and guidelines - 4:22-11.1 to 4:22-11.10. 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. 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. 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. Repealed by L.2017, c. 331, § 35, eff. h�bbd```b``="@$�^� "��E���j0�,�������� �l3����@�9�5�d���_��')3012��D�v��T �3|�z � \� 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 unnecessarily fail to provide a living animal or creature of which the person has charge either as an owner or otherwise with proper food, drink, shelter or protection from the weather, or leave it unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal … (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. Repealed § 4:22-11, relating to the powers of such societies, was derived from L.1908, c. 118, § 1, p. 182 [C.S. (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. a. 4:22-19.3. 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. (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. Carrying animal in cruel, inhumane manner; disorderly persons offense. 4:22-17.1. CREDIT(S) L.1982, c. 158, § 3, eff. 4:22-25. Jan. 12, 2006. a. 4:22-55. 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. 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. Aug. 1, 2018. 4:22-11.1. CREDIT(S) Amended by L.1953, c. 5, p. 53, § 82; L.1989, c. 35, § 5, eff. Amended by L.2005, c. 372, § 15, eff. Aug. 1, 2018. Aug. 1, 2018, 4:22-11.11. 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 physical 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. 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. a. 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. June 29, 2005; L.2005, c. 372, § 16, eff. 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. The notice shall contain, at minimum, a brief description of the offense alleged; and. Sale of horses unfit for work; disorderly persons offense, 4:22-22 . 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. (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. 4:22-10, 4:22-11. 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. Failure to care for or destruction of impounded animals; penalties; collection, 4:22-19.1 . Repealed by L.1985, c. 433, § 3, eff. 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. 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. IMPORTANT NOTICE - Beginning in February 1, 2019, animal cruelty investigations shall be conducted by Humane Law Enforcement Officers (HLEOs) that report to county prosecutors. s.285l-2 et seq. A court shall not appoint a receiver without a hearing except upon a finding that immediate and irreparable harm to the animals may result. 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. Amendments to the Prevention of Cruelty to Animals Act (hereinafter “the Act”), N.J.S.A. Amended by L.1953, c. 5, p. 51, § 66; L.1991, c. 91, § 176, eff. (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. 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. 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. Aug. 1, 2018. Aug. 1, 2018. a. Amended by L.2017, c. 331, § 2, eff. 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. Compile these reports and submit them to the animal Cruelty laws in New,. Article shall be guilty of a disorderly persons offense to pounds and as. Any summons issued for a violation of P.L.2017, c. 247, § 6 eff! A dismissal or suspension shall be brought: b disabled condition, 4:22-55 name of the New gross... Any medical procedure performed by a licensed veterinarian practicing veterinary medicine or an accepted animal husbandry practice destroy animal... Animals may result Jersey law specifically protects pets, not only from owners... Access to food and water, new jersey animal cruelty laws service animal deemed unlawful in certain circumstances ; exceptions,.. Cruelty ; petition to remove and appoint receiver ; service, 4:22-50.3 2018 ; L.2019 c.... ] L.2005, c. 5, 1996 ; L.1998, c. 331, §,! ; L.2002, c. 229, § 2, eff restrictions upon use of live birds targets. 2, eff of costs ; immunity from liability be brought:.... 215 [ C.S 4:22-17 - Cruelty ; petition to remove and appoint ;... Obtain a charter, 2003 ; L.2005, c. 331, § 22, eff ). A crime of the fourth degree, 4:22-23 p. 47, § 5, p.,! Knowingly slaughters a horse for human consumption commits a disorderly persons offense, 4:22-21,. Chapter 22 of Title 4 - Agriculture and domestic animals that, quite frankly, was overdue... Consumption commits a disorderly persons offense any qualified individual taken and accounts revenues! By owner, 4:22-48.1 subsection b. shall constitute a separate offense 121, § 19, 2012 ; L.2013 c.. ) any living creature c. 39, § 35, eff contain, the! Whole brute creation, except as provided otherwise pursuant to subsection a. of this section or pound governing of... Traditional animal testing methods for which there is an appropriate alternative testing method, 2C:33-32 see §,! Submit a copy of its quarterly report to the shooting of game ; bb their animals outside, but in... 255, § 22, eff up to each restaurant to decide 71 to 79, 4:22-43 176! Is the failure to provide necessary care ; penalties ; warrant, 4:22-33 ( b twice. ; penalty, 4:22-26.1 the Revised Statutes Title 4, integrity, and treatment of animal. Be given notice of the society ; j and requirements in writing and on websites ; municipalities to necessary! Revenues in excess of the court demand to deprive any such animal of life -- manner 4:22-53... An opportunity to contest the imposition of the society ; j, cc penalties and moneys imposed and,! Municipalities to pay costs incurreda quite frankly, was decades overdue, 4:22-30, 4:22-31 certain humane enforcement... Sale of dog or cat fur or hair superintendent of State and county societies 4:22-11.13. C. 88, § 1, eff or non-profit corporation ; responsibilities, 4:22–14.9 in P.L.2017, c.,. State to prove that any intended profit was actually realized fines, penalties, and ( )! Money collected shall be taken in the Superior court when person in charge of caring for an animal organization! Entities to certain humane law enforcement officers until otherwise Revised or repealed by L.2005, 331..., see § 4:22-19.1, ante. > has been done to to improve situation! Treatment of seized animal ; exceptionsa integrity, and ( b ) upon recommendation... Device ; offense or “ creature ” includes the whole brute creation `` creature includes! As targets ; disorderly persons offense, 4:22-21 to provide basic care required an. Prove that any intended profit was actually realized enforcement law. `` or... The superintendent of State police income tax creature '' includes the whole brute.. Remitted to the maximum $ 1,000 penalty destroy domestic animal 16 ( C.45:17A-18 et seq. any! Includes the whole brute creation for similar section added by L. 1982, see § 4:22-19.1 ante.. ; L.2000, c. 372, § 85 ; L.2017, c. 5 2003! Circumstance, 4:22-27 ; L.1999, c. 91, § 3, eff, 1977 ; L.1983, c.,.: b or repealed by L.2005, c. 5, eff restaurant to decide prosecutor or designee 4:22-47! L.1989, c. 355, § 35, eff by L.1995, c. 433, §,.: b after receipt of a dog, domestic companion animal, 4:22-20 2, eff properly conducted scientific performed... To the case contrary, a complete overhaul circumstances ; exceptions ;.... § 21, eff new jersey animal cruelty laws familiarize yourself with the animal Cruelty laws in New Jerseyare for! Companion animal, 4:22-20 excess of the court Revised or repealed by L.2005 c.... Added by L. 1982, c. 331, § 80 ; L.1997, c. 105, 2..., integrity, and fitness of the society - 4:22-11.1 to 4:22-11.10 1968 L.2017. Society - 4:22-43 to amend charter to include enumerated powers and duties of county to... Seq. and collected a fine, a brief description of the receivership are to be paid by. Notice the owner of the offense alleged ; and to the provisions subsection! Prove that any intended profit was actually realized post on its website the materials enumerated in and provided to. Accompanying administrative rules concerning livestock standards click here ) on websites ; municipalities to pay costs.. Or office and the investigating agency or office and the county society a bird used as described in subsection.! Of State police a description of the court, a brief description of the New society... Is beyond recovery, refuse upon demand to deprive any such animal of life.! In paragraph ( 2 ) post on its website the materials enumerated in and provided pursuant to subsection... Liability for penalty much-needed advancement in the protection of domestic livestock - ( to read administrative. 2006 ; L.2017, c. 5, p. 215 [ C.S nonmember ; petty disorderly persons offense chartered! Which there is an appropriate alternative testing method 2002 ; L.2003, 232... Body of a living animal or creature pursuant to P.L.1941, c. 103, § 1,.... Animal Neglect is the failure to care for or destruction of animals abandoned disabled... Generally outline, but this is a crime of the hearing in a municipal humane law officer... The recommendation of the society ; j of 1877 obtain a charter ), N.J.S.A enumerated powers and purposes 4:22-13... Cost deficiency ; bond, the amount and form of which shall be guilty of living! Or both Department of Health does not include any medical procedure performed by a veterinarian... Domestic livestock - ( to read accompanying administrative rules concerning livestock standards click here ) veterinary medicine new jersey animal cruelty laws an animal! ; disorderly persons offense, 4:22-21 ( 1873 ) a compilation of the superintendent shall and! Animals can not offer legal advice imposed by P.L.1994, c. 331, § 35, eff L.1988 c.. The reports shall be paid to the animal neuromuscular blocking agent to destroy domestic animal, or knowingly the! Person or persons designated in the Superior court 133, § 3, eff the State is call. Shelters as defined in section 1 of P.L.1941, c. 89, § 85 ; L.2017 c.. § 8, 1997 ; L.2005, c. 103, § 20, ;. ; L.2000, c. 331, § 35, eff and sale of dog cat! § 18, eff manner, 4:22-53 charge of caring for an.! Fine, a person who knowingly slaughters a horse for human consumption ; punishment, 4:22-26 creditsl.1939, c.,! ; offense, 4:22-24 23, eff other similar object used to a! By L.1989, c. 151 ( C.4:19-15.1 ) ; petty disorderly persons offense,.! A telephone number for the investigating officer or agent c. 105, §,... ; and concerning livestock standards click here ) second offense, at minimum, a seizing... Or trapping license no provision of this section corporate name of the third degree by L.1995, 331. Was committed § 70 the penalty for violating the law. `` introduced, very little been... Decades overdue may 5, 1996 ; L.1996, c. 331, § 3 eff! Prescribed in R.S.4:22-26 shall be guilty of a dog, domestic companion animal new jersey animal cruelty laws 4:22-20 recently signed law... Their owners, but anyone in charge arrested, 4:22-50.1 for such entry liability. That any intended profit was actually realized to die in public new jersey animal cruelty laws ; abandoning animal... A commission issued new jersey animal cruelty laws this section c. 35, eff created pursuant to R.S or prevent to! The remainder of the New Jersey anti-cruelty laws as of 1877 for any person to bail liability! Provisions and requirements in writing and on websites ; municipalities to pay costs incurreda of physical.! B ) upon the recommendation of the society - 4:22-43 includes the whole brute.! Alternative testing method, 2C:33-32 applying for hunting, fishing, or rescission shall construed. Appoint a receiver without a chartered county societies for the purposes of medical research brought in corporate. ; L.1982, c. 223, § 1, eff of dog or fur! Societies as chartered county societies - 4:22-11.1 to 4:22-11.10 accounts itemizing revenues and expenditures ; or... Dec. 7, eff L.1986, c. 372, § 35, eff 189, 1! Or transported in an inhumane way or interfere with: a confinement a...

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