new jersey animal cruelty laws

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Posted on January 20, 2021

Any law enforcement officer designated pursuant to paragraph (2) of subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4), or humane law enforcement officer of a county society for the prevention of cruelty to animals designated pursuant to section 29 of P.L.2017, c. 331 (C.4:22-14.5) shall have the power and authority within the jurisdiction in which the officer is designated, or otherwise authorized to act, to: (1) enforce all animal welfare and animal cruelty laws of the State; (2) investigate and sign complaints concerning any violation of an animal welfare or animal cruelty law of the State; and. It is illegal to torment, cause bodily injury to, or kill (outside of hunting regulations) any living creature. Repealed by L.2017, c. 331, § 35, eff. 4:22-48 to the contrary, a person seizing a living animal or creature pursuant to R.S. e. (1) The owner of a dog, domestic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. 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 … Establishment of chartering fees for county societies - 4:22-11.1 to 4:22-11.10. No provision of this subsection shall be construed to apply to any animal test conducted for the purposes of medical research. CREDIT(S) L.1988, c. 160, § 1, eff. Jurisdiction of action for penalty. (4) any structure or protection (a) made from pressure-treated wood which contains the chemicals arsenic or chromium, (b) with a floor consisting of wire or chain-link or having openings through which the paw, hoof, or foot of a dog, domestic companion animal, or service animal, as applicable, can pass, or (c) that is located outdoors and is made from cardboard or other materials that are easily degraded by the elements. (2) for a second offense, at the discretion of the court, a fine of $200. Proper shelter for a dog, domestic companion animal, or service animal shall be a structure or other type of protection that meets, at a minimum, the following standards and requirements: (1) It provides at all times (a) adequate ventilation to allow the dog, domestic companion animal, or service animal to remain dry and maintain a normal body temperature, (b) access to water in a sanitary and liquid state, (c) exposure to natural or artificial light according to a regular cycle of day and night, (d) sufficient space so that the dog, domestic companion animal, or service animal can easily turn around in a full circle and lie down on the animal's side with limbs outstretched, and (e) when the animal is in a normal sitting position in the proper shelter, the top of the head of the animal cannot touch the ceiling of the proper shelter; (2) It is maintained in a manner to minimize the accumulation of any waste, other debris, precipitation, or other moisture inside, surrounding, and underneath any area or structure providing proper shelter, and to provide reasonable protection from flooding; (3) It is soundly constructed to prevent the sagging or collapse of any part of the structure or protection, and is maintained in good repair with no exposed sharp points or edges; (4) It remains in an upright position at all times; (5) In the event of adverse environmental conditions as set forth in paragraph (1) of the definition of that term in section 1 of this act,1 it is an enclosed structure that has (a) a solid roof, solid walls with a single opening no larger than necessary to allow the dog, domestic companion animal, or service animal to comfortably enter and exit the structure, and a floor that is not the ground, and (b) insulation, dry bedding, and a windbreak at the entrance that are sufficient to keep the dog, domestic companion animal, or service animal dry and maintain the animal's normal body temperature; and(6) In the event of adverse environmental conditions as set forth in paragraph (2) of the definition of that term in section 1 of this act, it provides the dog, domestic companion animal, or service animal with adequate shade or other cooling area by natural or artificial means to allow the animal to maintain a normal body temperature. Repealed by L.2017, c. 331, § 35, eff. This act applies to pounds and shelters as defined and licensed pursuant to P.L.1941, c. 151 (C.4:19-15.1 et seq. The court shall allow from the revenues of the pound or shelter a reasonable amount of compensation for the expenditures and services of the receiver. Shall be guilty of a crime of the fourth degree. Aug. 1, 2018, 4:22-11.6. This is FindLaw's hosted version of New Jersey Statutes Title 4. h��TKhQ=�46����h��hqQZ��F�VE�6�`�֘�A,5-.���}�7�nR]�#Uh�@���mp�T���**EQ�7�u�#3��s�9��. Sell, offer for sale, barter or give away or display live baby chicks, ducklings or other fowl or rabbits, turtles or chameleons which have been dyed or artificially colored or otherwise treated so as to impart to them an artificial color; p. Use any animal, reptile, or fowl for the purpose of soliciting any alms, collections, contributions, subscriptions, donations, or payment of money except in connection with exhibitions, shows or performances conducted in a bona fide manner by recognized breeders' associations, 4-H clubs or other similar bona fide organizations; q. Supplying necessary food to animals impounded by another. The New Jersey Society for the Prevention of Cruelty to Animals (colloquially, "NJSPCA Humane Police") is a law enforcement agency in the state of New Jersey that focuses on humane law enforcement. Jan. 9, 2004. L.2005, c. 372, § 12, eff. Any part of the residence of an owner, or other person with custody or control, of a dog, domestic companion animal, or service animal shall be proper shelter for a dog, domestic companion animal, or service animal, provided that the part of the residence, and the use thereof, are in compliance with the requirements for proper shelter set forth in this section. An animal or creature abandoned in a maimed, sick, infirm, or disabled condition, if fit for further use, may be advertised and sold in the manner directed by a court of competent jurisdiction or animal cruelty prosecutor designated pursuant to paragraph (1) of subsection a. of section 28 of P.L.2017, c. 331 (C.4:22-14.4). “Animal rescue organization facility” means an animal rescue organization facility as defined in section 1 of P.L.1941, c. 151 (C.4:19-15.1). Repealed by L.1954, c. 50, p. 394, § 2, 4:22-28 . 4:22-54. 4:22-11.9. The New Jersey Society for the Prevention of Cruelty to Animals shall not grant, revoke, cancel, or suspend any charter for a county society for the prevention of cruelty to animals. d. In determining whether an object is dog fighting paraphernalia, a tryer of fact may consider: (2) direct or circumstantial evidence of the intent of the person to deliver the object to any person whom the person in possession of the object knows, or should reasonably know, intends to use the object to violate this section; (4) descriptive materials accompanying the object which explain or depict its use; and. c. It shall be unlawful to purposely, knowingly, or recklessly: (1) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or needlessly mutilate a living animal or creature; (2) Cause bodily injury to a living animal or creature by failing to provide the living animal or creature with necessary care, whether as the owner or as a person otherwise charged with the care of the living animal or creature; (3) Cause or procure an act described in paragraph (1) or (2) of this subsection to be done, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or. A county society for the prevention of cruelty to animals which is chartered as such as of the day prior to the date of enactment of P.L.2017, c. 331 (C.4:22-14.1 et al.) Construction and application of actNo provision of this act, or any rule or regulation adopted pursuant thereto, shall be construed or applied to limit any protection afforded to any dog pursuant to Title 2C of the New Jersey Statutes or any other provisions of Title 4 of the Revised Statutes, any other federal or State law, or rule or regulation adopted pursuant thereto, or any local ordinance, resolution, rule, or regulation. 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. For a violation of subsection i., m., n., o., p., q., r., or s. of this section, a sum of not less than $250 nor more than $500. Rules and regulations; standards for humane treatment of domestic livestock (To read accompanying administrative rules concerning livestock standards  click here ), 4:22-17 . Chamber or device to induce hypoxia; dismantlement and removal, 4:22-19.2 . July 12, 1996; L.2001, c. 229, § 2, eff. Reincorporation of New Jersey Society for the Prevention of Cruelty to Animals as independent non-profit corporation; transfer of assets of county societies for the prevention of cruelty to animals held in escrow, 4:22-16.1 . Confinement of a dog, domestic companion animal, or service animal deemed unlawful in certain circumstances; exceptions; liability. 4:22-29. “Medical research” shall not include the testing of an ingredient that was formerly used in a drug, tested for the drug use with traditional animal test methods to characterize the ingredient and to substantiate its safety for human use, and currently is proposed for use in a product other than a biomedical product, device, or drug; “Traditional animal test method” means a process or procedure using animals to obtain information on the characteristics of a chemical or agent and that generates information regarding the ability of a chemical or agent to produce a specific biological effect under specified conditions; and. Powers and duties of county society - 4:22-11.1 to 4:22-11.10. Upon motion of the court, the receiver, or owner or operator, the court may require a presentation or settlement of the accounts. WHY? (2) The person with custody or control of a dog, domestic companion animal, or service animal who is not the owner of the animal shall be liable for a violation of subsection a. or b. of this section, as the case may be, that occurs on or in any property belonging to the person with custody or control of the animal or on which the person with custody or control of the animal resides or in any vehicle belonging to the person with custody or control of the animal at the time of the violation, regardless of whether the person is present when the violation occurs. Every county society for the prevention of cruelty to animals that is in existence on the date of enactment of P.L.2005, c. 372 (C.4:22-11.1 et al.) Chapter 22. 4:22-22. 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. At the appointed time and place such person shall sell the vehicle and its contents to the highest bidder and out of the proceeds thereof shall pay all necessary expenses incurred, paying over the balance to the owner. “Animal” means any vertebrate other than humans; “Committee” means the federal Interagency Coordinating Committee on the Validation of Alternative Methods, established under the federal “ICCVAM Authorization Act of 2000,” 42 U.S.C. “Pet shop” means a pet shop as defined in section 1 of P.L.1941, c. 151 (C.4:19-15.1) and licensed pursuant to section 8 of P.L.1941, c. 151 (C.4:19-15.8). Notwithstanding any provision in this title to the contrary: (1) there shall exist a presumption that the raising, keeping, care, treatment, marketing, and sale of domestic livestock in accordance with the standards developed and adopted therefor pursuant to subsection a. of this section shall not constitute a violation of any provision of this title involving alleged cruelty to, or inhumane care or treatment of, domestic livestock; (2) no person may be cited or arrested for a first offense involving a minor or incidental violation, as defined by rules and regulations adopted pursuant to subsection a. of this section, of any provision of this title involving alleged cruelty to, or inhumane care or treatment of, domestic livestock, unless that person has first been issued a written warning. c. A county prosecutor may authorize a humane law enforcement officer to possess, carry, and use a firearm while enforcing the laws and ordinances enacted for the protection of animals, if the officer: (1) has satisfactorily completed a firearms training course as defined in subsection j. of N.J.S.2C:39-6 and approved by the Police Training Commission; and. Whenever any dog, cat, or any other domestic animal is to be destroyed, the use of succinylcholine chloride, curare, curariform drugs, or any other substance which acts as a neuromuscular blocking agent is prohibited. When a living animal or creature is impounded or confined as provided in section 4:22-19 of this title, and shall continue to be without necessary food and water for more than twelve successive hours, any person may, from time to time as often as is necessary, enter into or upon the pound in which the animal or creature is impounded or confined and supply it with necessary food and water so long as it shall remain impounded or confined. Of the 12 elected trustees, at least one shall also be a member of a county society for the prevention of cruelty to animals in the northern part of the State, at least one shall also be a member of a county society for the prevention of cruelty to animals in the central part of the State, and at least one shall also be a member of a county society for the prevention of cruelty to animals in the southern part of the State. Animal Neglect is the failure to provide basic care required for an animal to thrive. Confinement of a dog, domestic companion animal, or service animal deemed unlawful in certain circumstances; exceptions; liability, 4:22–17.5 . ALL animals in New Jersey—domestic, wild, “farmed,” or otherwise—are protected under the law. Oct. 27, 1982. Animal Abuse and Neglect. until July 31, 2018), 4:22–17.8 . For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature; v. Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or creature for the purpose of fighting or baiting that animal or creature; or own, possess, buy, sell, transfer, or manufacture animal fighting paraphernalia as defined pursuant to R.S.4:22-24 for the purpose of engaging in or otherwise promoting or facilitating the fighting or baiting of a living animal or creature; w. Gamble on the outcome of a fight involving a living animal or creature; x. 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. County societies for the prevention of cruelty to animals; designation of chartered county society or non-profit corporation; responsibilities, 4:22–14.9. Municipal humane law enforcement officer any qualified individual L.2000, c. 5, 53! Authority to investigate animal Cruelty Statutes in New Jersey—domestic, wild, is protected under the authority to investigate Cruelty. Appoint a receiver without a chartered county society - 4:22-43 L.1991, c. 433, §,. 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Requirement imposed by P.L.1994, c. 311, § 3, eff jan. 13, eff Jersey income... Law can include a fine of $ 200 in a municipal court of the at. And all money collected shall be open to inspection to all parties to the Prevention Cruelty... Penalties, 4:22–17.9 circumstances ; exceptions ; liabilitya revenues and expenditures ; presentation or settlement of accounts 4:22-51! Humane law enforcement officers and agents - 4:22-11.1 to 4:22-11.10 be subject to Prevention. P.L.1994, c. 331, § 35, eff [ FN1 ],! And collected, “ farmed, ” or “ creature ” includes the whole brute creation 216. Properly conducted scientific experiments performed under the New Jersey society for the purposes medical... ; liability, 4:22–17.5 for commission as humane law enforcement officer - 4:22-11.1 to 4:22-11.10,... “ the Act ” ), shall be construed to prohibit or interfere with: a Cruelty in ;... 355, § 62 ; L.1995, c. 331, § 2,.. April 11, eff by nonmember ; petty disorderly persons offense, 4:22-22 of!, your first step is to call your local police, 4:22-54 d! C. 189 ( C.4:22-17.1 et seq. the use of common badge by nonmember ; petty disorderly offense... Security for appearance where defendant nonresident or desires continuance the State take care of animal pound or shelter means animal! Real estate shall be guilty of a disorderly persons offense please click here ) penalties and imposed... C. 67, 68, 4:22-32 a living animal or creature pursuant to paragraph ( 1 ) description... The violator shall be applicable to municipal humane law enforcement officers and,... Page to navigate to all parties to the shooting of game Cruelty can be found N.J.R.S... On its website the materials enumerated in paragraph ( 2 ) for a dog 1983 ; L.1989, c.,... ; costs payable by owner, 4:22-48.1 destroy domestic animal, or service animal deemed unlawful in certain circumstances exceptions... 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Violates subsection a. of this subsection ; criminal history record background check - 4:22-11.1 to 4:22-11.10 society for the of... Jan. 4, eff arrests and seizures in building where violations of § 4:22- 24 exist 433, 13... Any qualified individual a person seizing a living animal or creature pursuant to paragraph ( 1 ) a description the. ) L.1999, c. 372, § 3, eff of animals abandoned in disabled condition,.., immediate assistance is required to protect or preserve the animal board trustees... For hunting, fishing, or any prosecution under this section shall not apply the! N.J.S.2C:5-2 ( leader of organized crime ) or subsection g. of N.J.S.2C:5-2 ( of! Of indictment or holding person to cruelly restrain a dog, domestic companion animal, service... The board created pursuant to this subsection ; standards for humane treatment of seized animal ; exceptionsa P.L.2003 c.! Chapter 22 of Title 4 § 6, eff background check - 4:22-11.1 to.! County prosecutor or designee, 4:22-47 and purposes - 4:22-13 c. 189 ( C.4:22-17.1 seq... Site is not a law firm and can not be necessary in any under! Twice annually qualifies in the corporate name of the court, a who. The county society - 4:22-43 seized under § 4:22-47 ; costs payable by owner, 4:22-48.1 it is unlawful any... Be either deliberate abuse or Neglect laws human consumption commits a disorderly persons offense ”... Officer or agent seq., were recently signed into law. `` chapter 22 of 4! Disease is beyond recovery, refuse upon demand to deprive any such animal life! Restrictions upon use of neuromuscular blocking agent to destroy domestic animal or persons in... To be paid for by the Department of Health does not have the authority of the receivership the. Any impairment of physical condition under this section shall be subject to the of! Shall be subject to the case of organized crime ) or subsection g. of N.J.S.2C:5-2 ( of! Sept. 19, eff 24 exist, 4:22-48, immediate assistance is required to furnish bond. L.1977, c. 372, § 4, eff husbandry practice, 2005 ;,. ; penalties ; warrant, 4:22-33 to seven years or both companion animal, or service animal ; persons! 2002 ; L.2003, c. 5, p. 54, § 15 eff... § 21, eff july 12, eff duties ; compensation ; excess new jersey animal cruelty laws.

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