The Horse - A living symbol of our proud American heritage
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Ways to Support The EPN

Legislation Information


Pending Legislation


PA's Electronic Bill Room

Type in the word "equine" in the search box to locate bills, (proposed legislation) relating to horses.


Federal Laws


Proposed regs will legalize every inhumane practice identified in the transport of horses to slaughter!

Doubles will be legal for 5 years AFTER the proposed regs go into effect. It has already been 4 1/2 years, that makes 10 years of the continued use of doubles after this legislation passed.
Doubles will be legal for 5 years AFTER the proposed regs go into effect. It has already been 4 1/2 years, that makes for 10 years of the continued use of doubles after this legislation passed..

EPN's Comments

on Proposed Regulations For the 1996 Commercial Transportation of Horses To Slaughter Act

CA Equine Council's

Comments on the Proposed Regulations For the 1996 Commercial Transportation of Horses To Slaughter Act

State Laws


Proposition 6,

The PROHIBITION of Horse Slaughter and Sale of Horsemeat for Human Consumption Act Of 1998, Does Not Violate The Commerce Clause


Horsemeat Laws


1996 Commercial Transportation Of Horses To Slaughter Act

December 7, 2001
Final Rule Commercial Transportation of Horses to Slaughter Act


American Horse Council, American Horse Protection Association, & Humane Society of US

propose to legalize every inhumane practice identified in the transport of horses to slaughter & put the very people identified as the abusers, the "killer buyers" in charge of the horses!

Proposed Regulations For the 1996 Commercial Transportation of Horses To Slaughter Act

USDA Animal & Plant Health Inspection Service, APHIS

Approval of Livestock Facilities;
Interstate Movement of EIA Reactors


USDA Food Safety Inspection Service, FSIS, Regulations

Biological Residues in Horses;
Slaughter of Foaling Mares;
Slaughter of Sick Horses;


USDA APHIS Humane Slaughter Act

State Horse Transportation Laws
Double deck trailer awaits loading of horses at New Holland Sales Stables June 24, 2000.

AZ Transport Law

CA Transport Law

CT Transport Law

MA Transport Law

MN Transport Law

NY Transport Law

Ag and Markets, Section 359-a
 Horses inside double deck cattle trailer stopped by the NYSP. The owner was later convicted & fined $3000.00.
Horses inside double deck cattle trailer stopped by the NYSP. The owner was later convicted & fined $3000.00.

VA Transport Law

Vermont Transport Law

PA Anti Cruelty Law
Title 18, Section 5511

Sign Posted at PA Horse Auctions is NOT the Law!

Sign outside auctions is incorrect!

 Sign posted outside 2 PA horse auctions regarding the PA Anti Cruelty Statute is incorrect! Maybe the posting of this sign has something to do with
Sign posted outside 2 PA horse auctions regarding the PA Anti Cruelty Statute is incorrect! " Maybe the posting of this sign has something to do with "the agreement" that the auctions and the PA SPCA have with each other...

U.S. Anti-Cruelty Statutes

PA Domestic Animal Act

Licensing of Dealers & Haulers

EIA Regulations, Coggins Test


PA Dead Animal Act

Requirements for Removal of Dead Animals

PA Animal Markets

General Provisions
Records
Transactions From Trucks



IL Horsemeat Act

Texas Law

Sale of Horsemeat for Human Consumption

Prohibits Sale of Horsemeat For Human Consumption

Texas Attorney General Cornyn States TX Law

Prohibiting Sale of Horsemeat Applies to the 2 Texas Horse Slaughterhouses!

lactating chestnut Arab type mare stands in filth in the classic foundered stance.

Links

California Voters "Just Say Neigh" to Horse Slaughter!
HoofPAC

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Please send your tax deductible donation to the:
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HoofPAC Political Action Committee

HoofPAC is the political action committee that has been formed to end the slaughter of America's horses. Cathleen Doyle, founder of HoofPAC, led the successful Save The Horses campaign in 1998 that made the slaughter of California's horses a felony.


Page last revised on:

2/23/2005

The Sad Eyed Arab...Too Bad Nobody Took Him Home...


Fund the Fight, Find A Cure

Equine Protection Network Horse Slaughter Awareness Campaign


Support the EPN by Shopping at IGive.com and by Searching the Net Using GoodSearch.com!

GoodSearch: You Search...We Give!

 


New Jersey Cruelty Statute


This section of our website has information on action you can take to help the horses; pending legislation; USDA Regulations on the handling and slaughter of horses; individual state transport laws; California's Prop 6 which banned the sale of CA horses to slaughter, (Yes, CA's horse industry is still thriving!) and other related information.

Many states have their laws, (statutes or codes) online. You can check on the status of legislation affecting horses by going to your state legislatures website and doing a search. Type in the word "equine" or "horse". Often you can communicate with your state and or United States Senators and Representatives by e-mail. Remember though to include your full name and address in your e-mail.


Getting Involved

  • Learn your state's laws.
  • What horse organizations in your state represent the horses industry in the state legislature?
  • Do they represent you on horse welfare issues? Many state horse councils are in favor of horse slaughter and do not take a strong stand on the enforcement of anti-cruelty laws as they apply to horses.
  • If the horse industry organizations in your state do not represent your views on horse slaughter and horse welfare, write to your state representatives and let them know that these organizations do NOT represent you, a member of the horse industry, on this issue.
  • Inform the horse organizations that you are a member of that you are opposed to the use of double cattle trailers to transport horses & opposed to the slaughter of horses for human consumption.

Resources for State Laws Regarding Horses

Michigan State University College of Law: Animal Legal & Historical Web Center

Horse Statutes

This site is an excellent resource for statutes and cases regarding all animals.


 

State Statute

New Jersey

Title 4. Agriculture and Domestic Animals. Chapter 22. Prevention of Cruelty to Animals. Article 2. Prevention of Cruelty. A. Definitions; Construction
Citation: NJ ST 4:22-15 - 57
Citation: N. J. S. A. 4:22-15 - 57

 Definitions and Construction of Act

4:22-15. Definitions

4:22-16. Construction of article

Humane Slaughter of Livestock

4:22-16.1. Rules and regulations; standards for humane treatment of domestic livestock

Cruelty and Abandonment Provisions

4:22-17. Cruelty; disorderly persons offense

4:22-18. Carrying animal in cruel, inhumane manner; disorderly persons offense

4:22-19. Failure to care for or destruction of impounded animals; penalties; collection

4:22-19.1. Chamber or device to induce hypoxia; dismantlement and removal

4:22-19.2. Dismantlement and removal of decompression chamber or device; offense

4:22-19.3. Prohibition of use of neuromuscular blocking agent to destroy domestic animal

4:22-19.4. Violations; penalty

4:22-20. Abandoning disabled animal to die in public place; abandoning

4:22-21. Sale of horses unfit for work; disorderly persons offense

4:22-22. Use or disposal of animals having contagious diseases; crime of the fourth degree

4:22-23. Use of live birds as targets; disorderly persons offense

Animal Fighting Provisions

4:22-24. Fighting or baiting animals or creatures and related offenses

4:22-25. Repealed by L.1985, c. 433, § 3, eff. Jan. 13, 1986

Motorist Hitting Animal Provisions

4:22-25.1. Motorist hitting domestic animal to stop; report

4:22-25.2. Punishment for violation         

Cruelty, Arrest, and Seizure Provisions

4:22-26. Acts constituting cruelty in general; penalty

4:22-26.1. Confiscation and forfeiture of animal under certain circumstance

4:22-27. Repealed by L.1954, c. 50, p. 394, § 2

4:22-28. Effect of indictment or holding person to bail on liability for penalty

4:22-29. Jurisdiction of action for penalty

4:22-30, 4:22-31. Repealed by L.1953, c. 5, p. 51, §§ 67, 68

4:22-32. Enforcement and collection of penalties; warrant

4:22-33. Security for appearance where defendant nonresident or desires continuance

4:22-34 to 4:22-42. Repealed by L.1953, c. 5, p. 52, §§ 71 to 79

4:22-43. Powers of members or agents of the society - 4:22-43. Repealed by L.2005, c. 372, § 22, eff. Jan. 12, 2006

4:22-44. Arrests with or without warrant

4:22-45. Notice of arrest to state or district society

4:22-46. Search warrants; issuance

4:22-47. Entry, arrests and seizures in building where violations of § 4:22- 24 exist

4:22-48. Forfeiture of creatures and articles seized under § 4:22-47; costs payable by owner

4:22-48.1. Authorization for shelter, care, and treatment of seized animal; destruction; payment of costs; immunity from liability

4:22-48.2. Confiscated animals; costs of care and treatment

4:22-49. Repealed by L.1953, c. 5, p. 53, § 83

4:22-50. Care of animal when person in charge arrested

4:22-50.1. Arrest of owner or operator of animal pound or shelter for cruelty; petition to remove and appoint receiver; service

4:22-50.2. Appointment of receiver

4:22-50.3. Receiver; authority and duties; compensation; excess revenues; cost deficiency; bond

4:22-50.4. Reports of actions taken and accounts itemizing revenues and expenditures; presentation or settlement of accounts

4:22-50.5. Termination of receivership

4:22-50.6. Application of act

4:22-51. Supplying necessary food to animals impounded by another

4:22-52. Seizure and sale of vehicle transporting animals in cruel manner

4:22-53. Sale of animals abandoned in disabled condition

4:22-54. Destruction of animals found in disabled condition

4:22-55. Disposition of fines, penalties and moneys imposed and collected

4:22-56. Liability for civil damages

4:22-57. List of persons not eligible to be animal control officers

4:22-15. Definitions

As used in this article:

"Animal" or "creature" includes the whole brute creation.

"Owner" or "person" includes a corporation, and the knowledge and acts of an agent or employee of a corporation in regard to animals transported, owned, employed or in the custody of the corporation shall be imputed to the corporation.

Source: L.1880, c. 157, § 20, p. 224 [C.S. p. 63, § 43].

4:22-16. Construction of article

Nothing contained in this article shall be construed to prohibit or interfere with:

a. Properly conducted scientific experiments performed under the authority of the Department of Health or the United States Department of Agriculture. Those departments may authorize the conduct of such experiments or investigations by agricultural stations and schools maintained by the State or federal government, or by medical societies, universities, colleges and institutions incorporated or authorized to do business in this State and having among their corporate purposes investigation into the causes, nature, prevention and cure of diseases in men and animals; and may for cause revoke such authority;

b. The killing or disposing of an animal or creature by virtue of the order of a constituted authority of the State;

c. The shooting or taking of game or game fish in such manner and at such times as is allowed or provided by the laws of this State;

d. The training or engaging of a dog to accomplish a task or participate in an activity or exhibition designed to develop the physical or mental characteristics of that dog. These activities shall be carried out in accordance with the practices, guidelines or rules established by an organization founded for the purpose of promoting and enhancing working dog activities or exhibitions; in a manner which does not adversely affect the health or safety of the dog; and may include avalanche warning, guide work, obedience work, carting, dispatching, freight racing, packing, sled dog racing, sledding, tracking, and weight pull demonstrations;

e. The raising, keeping, care, treatment, marketing, and sale of domestic livestock in accordance with the standards developed and adopted therefor pursuant to subsection a. of section 1 of P.L.1995, c. 311 (C. 4:22- 16.1); and

f. The killing or disposing, by a reasonable or commercially acceptable method or means, of a Norway or brown rat (Rattus norvegicus), black rat (Rattus rattus), or house mouse (Mus musculus) by any person, or with the permission or at the direction of that person, while the animal is on property either owned or leased by, or otherwise under the control of, that person, provided that the animal is not a pet.

CREDIT(S)

Amended by L.1985, c. 433, § 1, eff. Jan. 13, 1986; L.1995, c. 311, § 2, eff. Jan. 5, 1996; L.1997, c. 88, § 1, eff. May 8, 1997.

4:22-16.1. Rules and regulations; standards for humane treatment of domestic livestock

a. The State Board of Agriculture and the Department of Agriculture, in consultation with the New Jersey Agricultural Experiment Station and within six months of the date of enactment of this act, shall develop and adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.): (1) standards for the humane raising, keeping, care, treatment, marketing, and sale of domestic livestock; and (2) rules and regulations governing the enforcement of those standards.

b. Notwithstanding any provision in this title to the contrary:

(1) there shall exist a presumption that the raising, keeping, care, treatment, marketing, and sale of domestic livestock in accordance with the standards developed and adopted therefor pursuant to subsection a. of this section shall not constitute a violation of any provision of this title involving alleged cruelty to, or inhumane care or treatment of, domestic livestock;

(2) no person may be cited or arrested for a first offense involving a minor or incidental violation, as defined by rules and regulations adopted pursuant to subsection a. of this section, of any provision of this title involving alleged cruelty to, or inhumane care or treatment of, domestic livestock, unless that person has first been issued a written warning.

c. For the purposes of this act, "domestic livestock" means cattle, horses, donkeys, swine, sheep, goats, rabbits, poultry, fowl, and any other domesticated animal deemed by the State Board of Agriculture and the Department of Agriculture, in consultation with the New Jersey Agricultural Experiment Station, to be domestic livestock for such purposes, according to rules and regulations adopted by the department and the board pursuant to the "Administrative Procedure Act."

CREDIT(S)

L.1995, c. 311, § 1, eff. Jan. 5, 1996.

4:22-17. Cruelty; disorderly persons offense

a. A person who shall:

(1) Overdrive, overload, drive when overloaded, overwork, deprive of necessary sustenance, abuse, or needlessly kill a living animal or creature;

(2) Cause or procure , by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done; or

(3) Inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or 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 or creature--

Shall be guilty of a disorderly persons offense, and notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense shall be fined not less than $250 nor more than $1,000, or be imprisoned for a term of not more than six months, or both, in the discretion of the court. A violator of this subsection shall also be subject to the provisions of subsection c. and, if appropriate, subsection d. of this section.

b. A person who shall purposely, knowingly, or recklessly:

(1) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, or needlessly mutilate a living animal or creature; or

(2) Cause or procure , by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done--

Shall be guilty of a crime of the fourth degree.

If the animal or creature is cruelly killed or dies as a result of a violation of this subsection, or the person has a prior conviction for a violation of this subsection, the person shall be guilty of a crime of the third degree.

A violator of this subsection shall also be subject to the provisions of subsection c. and, if appropriate, subsection d. of this section.

c. For a violation of subsection a. or b. of this section, in addition to imposing any other appropriate penalties established for a crime of the third degree , crime of the fourth degree, or disorderly persons offense, as the case may be, pursuant to Title 2C of the New Jersey Statutes, the court shall impose a term of community service of up to 30 days, and may direct that the term of community service be served in providing assistance to the New Jersey Society for the Prevention of Cruelty to Animals, a district (county) society for the prevention of cruelty to animals, or any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, or to a municipality's animal control or animal population control program. The court also may require the violator to pay restitution or otherwise reimburse any costs for food, drink, shelter, or veterinary care or treatment, or other costs, incurred by any agency, entity, or organization investigating the violation, including but not limited to the New Jersey Society for the Prevention of Cruelty to Animals, a district (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, or a local or State governmental entity .

d. If a juvenile is adjudicated delinquent for an act which, if committed by an adult, would constitute a disorderly persons offense pursuant to subsection a. of this section or a crime of the third degree or crime of the fourth degree pursuant to subsection b. of 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.

CREDIT(S)

Amended by L.1995, c. 355, § 2, eff. Jan. 5, 1996; L.1996, c. 64, § 1, eff. July 12, 1996; L.2000, c. 162, § 1, eff. Dec. 7, 2000; L.2001, c. 229, § 1, eff. Aug. 27, 2001; L.2003, c. 232, § 1, eff. Jan. 9, 2004; L.2005, c. 105, § 1, eff. June 29, 2005.

4:22-18. Carrying animal in cruel, inhumane manner; disorderly persons offense

A person who shall carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhumane manner, shall be guilty of a disorderly persons offense and punished as provided in subsection a. of R.S.4:22-17.

CREDIT(S)

Amended by L.1995, c. 355, § 3, eff. Jan. 5, 1996; L.1996, c. 64, § 2, eff. July 12, 1996; L.2001, c. 229, § 2, eff. Aug. 27, 2001.

4:22-19. Failure to care for or destruction of impounded animals; penalties; collection

A person who shall:

a. Impound or confine, or cause to be impounded or confined, in a pound or other place, a living animal or creature, and shall fail to supply it during such confinement with a sufficient quantity of good and wholesome food and water; or

b. Destroy or cause to be destroyed any such animal by hypoxia induced by decompression or in any other manner, by the administration of a lethal gas other than an inhalant anesthetic, or in any other manner except by a method of euthanasia generally accepted by the veterinary medical profession as being reliable, appropriate to the type of animal upon which it is to be employed, and capable of producing loss of consciousness and death as rapidly and painlessly as possible for such animal shall, in the case of a violation of subsection a., be guilty of a disorderly persons offense and shall be punished as provided in subsection a. of R.S.4:22-17; or, in the case of a violation of subsection b., be subject to a penalty of $25 for the first offense and $50 for each subsequent offense. Each animal destroyed in violation of subsection b. shall constitute a separate offense. The penalty shall be collected in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c. 274 (C.2A:58-10 et seq.) and all money collected shall be remitted to the State.

This section shall apply to kennels, pet shops, shelters and pounds as defined and licensed pursuant to P.L.1941, c. 151 (C.4:19-15.1 et seq.); to pounds and places of confinement owned and operated by municipalities, counties or regional governmental authorities; and to every contractual warden or impounding service, any provision to the contrary in this title notwithstanding.

CREDIT(S)

Amended by L.1977, c. 231, § 1, eff. Sept. 20, 1977; L.1982, c. 76, § 1, eff. July 22, 1982; L.1982, c. 158, § 2, eff. Oct. 27, 1982; L.1996, c. 64, § 3, eff. July 12, 1996; L.2001, c. 229, § 3, eff. Aug. 27, 2001.

4:22-19.1. Chamber or device to induce hypoxia; dismantlement and removal

Within 30 days of the effective date of this act, any chamber or device used to induce hypoxia through decompression or in any other manner shall be dismantled and removed from the premises. The owner of any premises on which the chamber or device remains 30 days subsequent to the effective date of this act shall be guilty of a disorderly persons offense.

CREDIT(S)

L.1982, c. 76, § 3, eff. July 22, 1982.

<For similar section added by L. 1982, c. 158, § 3, eff. Oct. 27, 1982, see § 4:22-19.2, post.>

 

4:22-19.2. Dismantlement and removal of decompression chamber or device; offense

Within 30 days of the effective date of this act, any chamber or device used to induce hypoxia through decompression or in any other manner and any gas chamber or similar device, except one which is used for the administration of an inhalant anesthetic, shall be dismantled and removed from the premises. The owner of any premises on which the chamber or device remains 30 days subsequent to the effective date of this act shall be guilty of a disorderly persons offense.

<For similar section added by L. 1982, c. 76, § 3, eff. July 22, 1982, see § 4:22-19.1, ante.>

CREDIT(S)

L.1982, c. 158, § 3, eff. Oct. 27, 1982.

4:22-19.3. Prohibition of use of neuromuscular blocking agent to destroy domestic animal

Whenever any dog, cat, or any other domestic animal is to be destroyed, the use of succinylcholine chloride, curare, curariform drugs, or any other substance which acts as a neuromuscular blocking agent is prohibited.

CREDIT(S)

L.1988, c. 160, § 1, eff. Nov. 16, 1988.

4:22-19.4. Violations; penalty

A person who violates this act shall be subject to a penalty of $25.00 for the first offense and $50.00 for each subsequent offense, to be collected in a civil action by a summary proceeding under "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.). Each animal destroyed in violation of this act shall constitute a separate offense. The Superior Court shall have jurisdiction to enforce "the penalty enforcement law."

CREDIT(S)

L.1988, c. 160, § 2, eff. Nov. 16, 1988.

4:22-20. Abandoning disabled animal to die in public place; abandoning domesticated animal; disorderly persons offense

a. A person who shall abandon a maimed, sick, infirm or disabled animal or creature to die in a public place, shall be guilty of a disorderly persons offense.

b. A person who shall abandon a domesticated animal shall be guilty of a disorderly persons offense. The violator shall be subject to the maximum $1,000 penalty.

CREDIT(S)

Amended by L.1977, c. 229, § 1, eff. Sept. 20, 1977; L.1986, c. 176, § 1, eff. Dec. 8, 1986; L.1991, c. 108, § 1, eff. April 19, 1991.

4:22-21. Sale of horses unfit for work; disorderly persons offense

A person who shall receive or offer for sale a horse that is suffering from abuse or neglect, or which by reason of disability, disease, abuse or lameness, or for any other cause, could not be worked, ridden or otherwise used for show, exhibition, or recreational purposes, or kept as a domestic pet without violating the provisions of this article or any law of this State relating to cruelty to animals shall be guilty of a disorderly persons offense.

CREDIT(S)

Amended by L.1995, c. 355, § 4, eff. Jan. 5, 1996; L.1998, c. 105, § 2, eff. Sept. 14, 1998.

4:22-22. Use or disposal of animals having contagious diseases; crime of the fourth degree

A person who shall:

a. Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, any horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the health or life of human beings or animals; or

b. When any such disease is beyond recovery, refuse upon demand to deprive any such animal of life--

Shall be guilty of a crime of the fourth degree.

CREDIT(S)

Amended by L.1995, c. 355, § 5, eff. Jan. 5, 1996.

4:22-23. Use of live birds as targets; disorderly persons offense

A person who shall:

a. Use a live pigeon, fowl or other bird for the purpose of a target, or to be shot at either for amusement or as a test of skill in marksmanship;

b. Shoot at a bird used as described in subsection a. of this section, or is a party to such shooting; or

c. Lease a building, room, field or premises, or knowingly permit the use thereof for the purpose of such shooting--

Shall be guilty of a disorderly persons offense, and shall, in addition to any penalty assessed therefor, be fined $25 for each bird shot at or killed in violation of this section.

This section shall not apply to the shooting of game.

CREDIT(S)

 Amended by L.1995, c. 355, § 6, eff. Jan. 5, 1996; L.2003, c. 232, § 2, eff. Jan. 9, 2004.

4:22-24. Fighting or baiting animals or creatures and related offenses

A person who shall:

a. Keep, use, be connected with or interested in the management of, or receive money for the admission of a person to, a place kept or used for the purpose of fighting or baiting a living animal or creature;

b. Be present and witness, pay admission to, encourage or assist therein;

c. Permit or suffer a place owned or controlled by him to be so used;

d. For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature;

e. 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

f. Gamble on the outcome of a fight involving a living animal or creature--

Shall be guilty of a crime of the third degree.

CREDIT(S)

Amended by L.1989, c. 35, § 1, eff. March 7, 1989.

4:22-25. Repealed by L.1985, c. 433, § 3, eff. Jan. 13, 1986

 

4:22-25.1. Motorist hitting domestic animal to stop; report

Each person operating a motor vehicle who shall knowingly hit, run over, or cause injury to a cat, dog, horse or cattle shall stop at once, ascertain the extent of injury, report to the nearest police station, police officer, or notify the nearest 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.

CREDIT(S)

L.1939, c. 315, p. 762, § 1. Amended by L.1968, c. 39, § 1, eff. May 9, 1968.

4:22-25.2. Punishment for violation

Any person who shall violate any of the provisions of section 1 of P.L.1939, c. 315 (C. 4:22-25.1) shall be guilty of a petty disorderly persons offense.

CREDIT(S)

L.1939, c. 315, p. 762, § 2. Amended by L.1953, c. 5, p. 47, § 62; L.1995, c. 355, § 7, eff. Jan. 5, 1996.

4:22-25.3. Prohibition of sale of dog or cat fur or hair

Any person who sells, barters, or offers for sale or barter, at wholesale or retail, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat commits a crime of the fourth degree, provided that the person knew or reasonably should have known that the fur or hair was from a domestic dog or cat or that the product was made in whole or in part from the fur or hair of a domestic dog or cat. This section shall not apply to the sale or barter, or offering for sale or barter, of the fur or hair of a domestic dog or cat cut at a commercial grooming establishment or at a veterinary office or clinic or for scientific research purposes.

As used in this section, "domestic dog or cat" means a dog (Canis familiaris) or cat (Felis catus or Felis domesticus) that is generally recognized in the United States as being a household pet and shall not include coyote, fox, lynx, bobcat, or any other wild canine or feline species.

CREDIT(S)

L.1999, c. 307, § 1, eff. Jan. 4, 2000.

4:22-25.4. Prohibition of sale of dog or cat flesh

Any person who sells, barters, or offers for sale or barter, at wholesale or retail, for human consumption, the flesh of a domestic dog or cat or any product made in whole or in part from the flesh of a domestic dog or cat commits a disorderly persons offense, provided that the person knew or reasonably should have known that the flesh was from a domestic dog or cat or the product was made in whole or in part from the flesh of a domestic dog or cat. Notwithstanding the provisions of Title 2C of the New Jersey Statutes to the contrary, any person found guilty of violating this section shall be subject to a fine of not less than $100 and a term of imprisonment of not less than 30 days.

As used in this section, "domestic dog or cat" means a dog (Canis familiaris) or cat (Felis catus or Felis domesticus) that is generally recognized in the United States as being a household pet and shall not include coyote, fox, lynx, bobcat, or any other wild canine or feline species.

CREDIT(S)

L.1999, c. 307, § 2, eff. Jan. 4, 2000.

4:22-26. Acts constituting cruelty in general; penalty

A person who shall:

a. (1) Overdrive, overload, drive when overloaded, overwork, deprive of necessary sustenance, abuse, or needlessly kill a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;

(2) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, or needlessly mutilate a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;

(3) Cruelly kill, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, the cruel killing of, a living animal or creature, or otherwise cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, the death of a living animal or creature from commission of any act described in paragraph (2) of this subsection;

b. (Deleted by amendment, P.L.2003, c. 232).

c. Inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or 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 or creature;

d. Receive or offer for sale a horse that is suffering from abuse or neglect, or which by reason of disability, disease, abuse or lameness, or any other cause, could not be worked, ridden or otherwise used for show, exhibition or recreational purposes, or kept as a domestic pet without violating the provisions of this article;

e. Keep, use, be connected with or interested in the management of, or receive money or other consideration for the admission of a person to, a place kept or used for the purpose of fighting or baiting a living animal or creature;

f. Be present and witness, pay admission to, encourage, aid or assist in an activity enumerated in subsection e. of this section;

g. Permit or suffer a place owned or controlled by him to be used as provided in subsection e. of this section;

h. Carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhumane manner;

i. Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for business purposes;

j. Impound or confine or cause to be impounded or confined in a pound or other place a living animal or creature, and shall fail to supply it during such confinement with a sufficient quantity of good and wholesome food and water;

k. Abandon a maimed, sick, infirm or disabled animal or creature to die in a public place;

l. Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, a horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the health or life of human beings or animals, or who shall, when any such disease is beyond recovery, refuse, upon demand, to deprive the animal of life;

m. Own, operate, manage or conduct a roadside stand or market for the sale of merchandise along a public street or highway; or a shopping mall, or a part of the premises thereof; and keep a living animal or creature confined, or allowed to roam in an area whether or not the area is enclosed, on these premises as an exhibit; except that this subsection shall not be applicable to: a pet shop licensed pursuant to P.L.1941, c. 151 (C.4:19-15.1 et seq.); a person who keeps an animal, in a humane manner, for the purpose of the protection of the premises; or a recognized breeders' association, a 4-H club, an educational agricultural program, an equestrian team, a humane society or other similar charitable or nonprofit organization conducting an exhibition, show or performance;

n. Keep or exhibit a wild animal at a roadside stand or market located along a public street or highway of this State; a gasoline station; or a shopping mall, or a part of the premises thereof;

o. Sell, offer for sale, barter or give away or display live baby chicks, ducklings or other fowl or rabbits, turtles or chameleons which have been dyed or artificially colored or otherwise treated so as to impart to them an artificial color;

p. Use any animal, reptile, or fowl for the purpose of soliciting any alms, collections, contributions, subscriptions, donations, or payment of money except in connection with exhibitions, shows or performances conducted in a bona fide manner by recognized breeders' associations, 4-H clubs or other similar bona fide organizations;

q. Sell or offer for sale, barter, or give away living rabbits, turtles, baby chicks, ducklings or other fowl under two months of age, for use as household or domestic pets;

r. Sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl, or rabbits, turtles or chameleons under two months of age for any purpose not prohibited by subsection q. of this section and who shall fail to provide proper facilities for the care of such animals;

s. Artificially mark sheep or cattle, or cause them to be marked, by cropping or cutting off both ears, cropping or cutting either ear more than one inch from the tip end thereof, or half cropping or cutting both ears or either ear more than one inch from the tip end thereof, or who shall have or keep in the person's possession sheep or cattle, which the person claims to own, marked contrary to this subsection unless they were bought in market or of a stranger;

t. Abandon a domesticated animal;

u. For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature;

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;

w. Gamble on the outcome of a fight involving a living animal or creature;

x. Knowingly sell or barter or offer for sale or barter, at wholesale or retail, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat, unless such fur or hair for sale or barter is from a commercial grooming establishment or a veterinary office or clinic or is for use for scientific research;

y. Knowingly sell or barter or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a domestic dog or cat or any product made in whole or in part from the flesh of a domestic dog or cat;

z. Surgically debark or silence a dog in violation of section 1 or 2 of P. L.2002, c. 102 (C.4:19-38 or C.4:19-39);

aa. Use a live pigeon, fowl or other bird for the purpose of a target, or to be shot at either for amusement or as a test of skill in marksmanship, except that this subsection and subsections bb. and cc. shall not apply to the shooting of game;

bb. Shoot at a bird used as described in subsection aa. of this section, or is a party to such shooting; or

cc. Lease a building, room, field or premises, or knowingly permit the use thereof for the purposes of subsection aa. or bb. of this section --

Shall forfeit and pay a sum according to the following schedule, to be sued for and recovered, with costs, in a civil action by any person in the name of the New Jersey Society for the Prevention of Cruelty to Animals or a county society for the prevention of cruelty to animals, as appropriate, or, in the name of the municipality if brought by a certified animal control officer or animal cruelty investigator:

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) 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 or for a first violation of paragraph (2) of subsection a. of this section, a sum of not less than $1,000 nor more than $3,000;

For a violation of subsection x. or 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;

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 c., d., h., j., k., aa., bb., or cc. of this section or of paragraph (1) of subsection a. of this section, a sum of not less than $250 nor more than $1,000; and

For a violation of subsection i., m., n., o., p., q., r., or s. of this section, a sum of not less than $250 nor more than $500.

CREDIT(S)

Amended by L.1949, c. 294, p. 895, § 1; L.1951, c. 270, p. 935, § 1; L.1953, c. 5, p. 48, § 63; L.1954, c. 175, p. 683, § 1; L.1974, c. 18, § 1, eff. April 11, 1974; L.1977, c. 229, § 2, eff. Sept. 20, 1977; L.1983, c. 103, § 1, eff. March 14, 1983; L.1989, c. 35, § 2, eff. March 7, 1989; L.1991, c. 108, § 2, eff. April 19, 1991; L.1998, c. 105, § 3, eff. Sept. 14, 1998; L.1999, c. 307, § 3, eff. Jan. 4, 2000; L.2000, c. 162, § 2, eff. Dec. 7, 2000; L.2001, c. 229, § 4, eff. Aug. 27, 2001; L.2002, c. 102, § 8, eff. Nov. 20, 2002; L.2003, c. 232, § 3, eff. Jan. 9, 2004; L.2005, c. 105, § 2, eff. June 29, 2005; L.2005, c. 372, § 16, eff. Jan. 12, 2006. 

 

4:22-26.1. Confiscation and forfeiture of animal under certain circumstance

An officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals, or a certified animal control officer, may petition a court of competent jurisdiction to have any animal confiscated and forfeited that is owned or possessed by a person at the time the person is found to be guilty of violating R.S. 4:22-17, R.S. 4:22-18, R.S. 4:22-19, R.S. 4:22-20 or R.S. 4:22-23. Upon a finding that the continued possession by that person poses a threat to the animal's welfare, the court may, in addition to any other penalty that may be imposed for a violation of R.S. 4:22-17, R.S. 4:22-18, R.S. 4:22-19, R.S. 4:22-20 or R.S. 4:22-23, adjudge an animal forfeited for such disposition as the court deems appropriate.

CREDIT(S)

L.1995, c. 255, § 1, eff. Nov. 2, 1995.

4:22-27. Repealed by L.1954, c. 50, p. 394, § 2

 

4:22-28. Effect of indictment or holding person to bail on liability for penalty

The indictment of a person under the provisions of this article, or the holding of a person to bail to await the action of a grand jury or court, shall not in any way relieve that person from liability to be sued for the appropriate penalties under R.S.4:22-26 .

CREDIT(S)

Amended by L.1953, c. 5, p. 51, § 65; L.1989, c. 35, § 3, eff. March 7, 1989; L.2003, c. 232, § 4, eff. Jan. 9, 2004.

4:22-29. Jurisdiction of action for penalty

The action for the penalty prescribed in R.S.4:22-26 shall be brought:

a. In the Superior Court; or

b. In a municipal court of the municipality wherein the defendant resides or where the offense was committed.

CREDIT(S)

Amended by L.1953, c. 5, p. 51, § 66; L.1991, c. 91, § 176, eff. April 9, 1991; L.2003, c. 232, § 5, eff. Jan. 9, 2004.

 

4:22-30, 4:22-31. Repealed by L.1953, c. 5, p. 51, §§ 67, 68

 

4:22-30, 4:22-31. Repealed by L.1953, c. 5, p. 51, §§ 67, 68

 

4:22-32. Enforcement and collection of penalties; warrant

Penalties for violations of R.S.4:22-26 shall be enforced and collected in a summary manner under the "Penalty Enforcement Law of 1999," P.L.1999, c. 274 (C.2A:58-10 et seq.). A warrant may issue when the defendant is temporarily within the jurisdiction of the court, but not residing therein; or when the defendant is likely to evade judgment by removal therefrom; or when the defendant's name or residence is unknown.

CREDIT(S)

Amended by L.1953, c. 5, p. 51, § 69; L.2003, c. 232, § 6, eff. Jan. 9, 2004.

4:22-33. Security for appearance where defendant nonresident or desires continuance

Where a defendant is a nonresident of the county in which the alleged offense was committed, or where a defendant desires an adjournment or continuance of the hearing, the court before whom the complaint has been made may, in its discretion, require the defendant to furnish security in an amount not exceeding two hundred fifty dollars ($250.00) for his appearance at the hearing.

CREDIT(S)

Amended by L.1953, c. 5, p. 51, § 70.

4:22-34 to 4:22-42. Repealed by L.1953, c. 5, p. 52, §§ 71 to 79

 

4:22-43. Powers of members or agents of the society - 4:22-43. Repealed by L.2005, c. 372, § 22, eff. Jan. 12, 2006

Any member, officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals may exercise and perform powers and duties like those exercised and performed by agents of the society who have been specially deputized by a sheriff.

4:22-44. Arrests with or without warrant

Any humane law enforcement officer of the New Jersey Society for the Prevention of Cruelty to Animals or of a county society for the prevention of cruelty to animals, or any sheriff, undersheriff, constable, certified animal control officer who has been properly authorized pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b) , or police officer may:

a. Make arrests for violations of this article;

b. Arrest without warrant any person found violating the provisions of this article in the presence of such humane law enforcement officer, sheriff, undersheriff, constable, police officer or a certified animal control officer who has been properly authorized pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b), and take such person before the nearest judge or magistrate as provided in this article.

CREDIT(S)

Amended by L.1953, c. 5, p. 52, § 80; L.1997, c. 247, § 4, eff. Dec. 8, 1997; L.2005, c. 372, § 17, eff. Jan. 12, 2006.

4:22-45. Notice of arrest to state or district society

Where an arrest is made under the provisions of this article by a constable, sheriff, undersheriff or police officer in a locality where the New Jersey society, or a district (county) society, for the prevention of cruelty to animals exists, he shall give notice to the state or district (county) society at once, whereupon such state or district (county) society shall take charge of the case and prosecute it under the provisions of this article. No magistrate shall hear any such case until proof is made of the service of such notice on the state or district (county) society.

The provisions of this section shall not apply to certified animal control officers who have been properly authorized pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b) to make arrests.

CREDIT(S)

Amended by L.1997, c. 247, § 5, eff. Dec. 8, 1997.

4:22-46. Search warrants; issuance

Any court having jurisdiction of violations of the law in relation to cruelty to animals may issue search warrants to enter and search buildings or places wherein it is reasonably believed that such law is being violated.

CREDIT(S)

Amended by L.1953, c. 5, p. 52, § 81.

4:22-47. Entry, arrests and seizures in building where violations of § 4:22- 24 exist

A sheriff, undersheriff, constable, police officer, certified animal control officer who has been properly authorized pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b) , or humane law enforcement officer of the New Jersey Society for the Prevention of Cruelty to Animals or of a county society for the prevention of cruelty to animals, may enter any building or place where there is an exhibition of the fighting or baiting of a living animal or creature, where preparations are being made for such an exhibition, or where a violation otherwise of R.S. 4:22-24 is occurring, arrest without warrant all persons there present, and take possession of all living animals or creatures engaged in fighting or there found and all implements or appliances used or to be used in such exhibition.

CREDIT(S)

Amended by L.1989, c. 35, § 4, eff. March 7, 1989; L.1997, c. 247, § 6, eff. Dec. 8, 1997; L.2005, c. 372, § 18, eff. Jan. 12, 2006.

4:22-48. Forfeiture of creatures and articles seized under § 4:22-47; costs payable by owner

The person seizing animals, creatures, implements or appliances as authorized in section 4:22-47 of this Title, shall, within 24 hours thereafter, apply to a court of competent jurisdiction to have the same forfeited and sold.

If, upon the hearing of the application, it is found and adjudged that at the time of the seizure the animals, creatures, implements or appliances were engaged or used in violation of section 4:22-47 or paragraphs "e," "f," "g," "u," "v," or "w" of section 4:22-26 of this Title, or were owned, possessed or kept with the intent that they should be so engaged or used, they shall be adjudged forfeited, and the court shall order the same sold in such manner as it shall deem proper, and after deducting the costs and expenses, shall dispose of the proceeds as provided in section 4:22-55 of this Title.

A bird or animal found or adjudged to be of no use or value may be liberated or disposed of as directed by the court.

The costs of sheltering, caring for, treating, and if necessary, destroying an animal or creature, including veterinary expenses therefor, until the animal or creature is adjudged forfeited and sold, liberated, or disposed of pursuant to this section shall be borne by the owner of the animal or creature.

A creature or property which is adjudged not forfeited shall be returned to the owner, and the person making the seizure shall pay all costs and expenses thereof.

CREDIT(S)

Amended by L.1953, c. 5, p. 53, § 82; L.1989, c. 35, § 5, eff. March 7, 1989.

4:22-48.1. Authorization for shelter, care, and treatment of seized animal; destruction; payment of costs; immunity from liability

a. A person authorized to take possession of a living animal or creature pursuant to R.S. 4:22-47 may provide such shelter, care, and treatment therefor, including veterinary care and treatment, that is reasonably necessary, the costs of which shall be borne by the owner of the seized animal or creature.

b. Notwithstanding the provisions of R.S. 4:22-48 to the contrary, a person seizing a living animal or creature pursuant to R.S. 4:22-47 may destroy it before it is adjudged forfeited if the animal or creature is thought to be beyond reasonable hope of recovery, the cost of which destruction shall be borne by the owner of the seized animal or creature. A person destroying an animal or creature pursuant to the authority of this subsection shall not be liable therefor to the owner of the animal or creature.

CREDIT(S)

L.1989, c. 35, § 6, eff. March 7, 1989.

4:22-48.2. Confiscated animals; costs of care and treatment

The costs of sheltering, caring for, or treating any animal that has been confiscated from a person arrested pursuant to the provisions of R.S.4:22-47 by an agent of the New Jersey Society for the Prevention of Cruelty to Animals, or any other person authorized to make an arrest pursuant to article 2 of chapter 22 of Title 4 of the Revised Statutes, until the animal is adjudged forfeited or until the animal is returned to the owner, shall be borne by the owner of the animal.

CREDIT(S)

L.1997, c. 121, § 1, eff. June 20, 1997.

4:22-49. Repealed by L.1953, c. 5, p. 53, § 83

 

4:22-50. Care of animal when person in charge arrested

When a person arrested under the provisions of this article, is in charge of an animal at the time of the arrest, with or without a vehicle attached, and there is no one then present, other than the person arrested, to take charge of the property as owner or employee, the person making the arrest may take charge thereof or request a proper person to do so.

The person making the arrest shall promptly notify the owner of the taking of the property and its place of custody, either in person, by telephone or by mailing a notice to his last known post-office address, and a person in charge of the property at the time of the arrest, with permission of the owner, shall be deemed the agent of the owner to receive such notice.

Source: L.1931, c. 228, § 1, p. 576.

4:22-50.1. Arrest of owner or operator of animal pound or shelter for cruelty; petition to remove and appoint receiver; service

When the owner or operator of an animal pound or shelter is arrested pursuant to the provisions of article 2 of chapter 22 of Title 4 of the Revised Statutes [FN1] by an agent of the New Jersey Society for the Prevention of Cruelty to Animals or any other person authorized to make the arrest under that article, or when the warrant is issued for the arrest, the person making the arrest or any other officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals may petition the Chancery Division of Superior Court to remove the owner or operator as custodian of the animals and appoint a receiver to operate the pound or shelter. The petitioner shall serve a copy of the petition on the Department of Health, the local board of health, and the owner or operator.

[FN1] N.J.S.A. §§ 4:22-15 to 4:22-55.

CREDIT(S)

L.1986, c. 89, § 1, eff. Aug. 14, 1986.

4:22-50.2. Appointment of receiver

The court may appoint a responsible person as a receiver upon a finding that the appointment is in the best interests of the animals at the pound or shelter.

A court shall not appoint a receiver without a hearing except upon a finding that immediate and irreparable harm to the animals may result. The owner shall be given notice of the hearing in a manner designated by the court. After receipt of this notice the owner shall be granted an opportunity to contest the imposition of the receivership at the hearing.

CREDIT(S)

L.1986, c. 89, § 2, eff. Aug. 14, 1986.

4:22-50.3. Receiver; authority and duties; compensation; excess revenues; cost deficiency; bond

The receiver shall be the custodian of the animals at the pound or shelter and shall have control over all real and personal property necessary for the daily operation of the pound or shelter. The receiver may assume the role of the administrator of the pound or shelter and take control of the daily operations or direct the owner or operator in the performance of his duties.

The court shall allow from the revenues of the pound or shelter a reasonable amount of compensation for the expenditures and services of the receiver. The revenues in excess of the cost of the receivership are to be paid to the owner of the pound or shelter. The owner is liable for a deficiency in the costs of the receivership, unless the deficiency results from the gross negligence, incompetence, or intentional misconduct of the receiver, in which case the receiver shall be liable for the deficiency. The receiver may be required to furnish a bond, the amount and form of which shall be approved by the court.

The cost of the bond shall be paid for by the shelter or pound.

CREDIT(S)

L.1986, c. 89, § 3, eff. Aug. 14, 1986.

4:22-50.4. Reports of actions taken and accounts itemizing revenues and expenditures; presentation or settlement of accounts

The court shall require the filing, at periodic intervals, of reports of action taken by the receiver and of accounts itemizing the revenues and expenditures. The reports shall be open to inspection to all parties to the case. Upon motion of the court, the receiver, or owner or operator, the court may require a presentation or settlement of the accounts. Notice of a motion for presentation or settlement of the accounts shall be served on the owner or operator or any party of record who appeared in the proceeding and any party in interest in the revenues and expenditures.

CREDIT(S)

L.1986, c. 89, § 4, eff. Aug. 14, 1986.

4:22-50.5. Termination of receivership

The receiver, owner, or operator may make a motion to terminate the receivership on grounds that the conditions complained of have been eliminated or remedied. The court may immediately terminate the receivership, or terminate the receivership subject to the terms the court deems necessary or appropriate to prevent the condition complained of from recurring.

CREDIT(S)

L.1986, c. 89, § 5, eff. Aug. 14, 1986.

4:22-50.6. Application of act

This act applies to pounds and shelters as defined and licensed pursuant to P.L.1941, c. 151 (C.4:19-15.1 et seq.); to pounds and places of confinement owned and operated by municipalities, counties, or regional governmental authorities; and to every contractual warden or impounding service.

CREDIT(S)

L.1986, c. 89, § 6, eff. Aug. 14, 1986.

4:22-51. Supplying necessary food to animals impounded by another

When a living animal or creature is impounded or confined as provided in section 4:22-19 of this title, and shall continue to be without necessary food and water for more than twelve successive hours, any person may, from time to time as often as is necessary, enter into or upon the pound in which the animal or creature is impounded or confined and supply it with necessary food and water so long as it shall remain impounded or confined. Such person shall not be liable to an action for such entry.

The actual cost of the food, water and bedding, together with twenty per cent additional, may be collected by such person from the owner of the animal or creature in an action at law, together with costs, and the animal or creature shall not be exempt from levy and sale upon an execution issued upon a judgment therefor.

Source: L.1880, c. 157, § 10, p. 216 [C.S. p. 58, § 32].

4:22-52. Seizure and sale of vehicle transporting animals in cruel manner

The person arresting the person offending against the provisions of section 4:22-18 of this title shall take charge of the vehicle and its contents, and all necessary expenses which may be incurred for taking charge of and keeping and sustaining them shall be a lien thereon, to be paid before they can be lawfully redeemed.

If the vehicle and its contents are not redeemed within ten days from the time of the seizure, the person making the seizure shall cause them to be advertised for sale by advertisements published in a newspaper circulating in the neighborhood in which the seizure was made for at least three times in a daily paper or one time in a weekly paper, stating the time and place of the sale and the reason for the sale.

At the appointed time and place such person shall sell the vehicle and its contents to the highest bidder and out of the proceeds thereof shall pay all necessary expenses incurred, paying over the balance to the owner.

If the proceeds of the sale are insufficient to pay such expenses, the balance may be recovered by the person making the seizure from the owner in an action at law.

Source: L.1880, c. 157, § 8, p. 215 [C.S. p. 57, § 29].

4:22-53. Sale of animals abandoned in disabled condition

An animal or creature abandoned in a maimed, sick, infirm or disabled condition, if fit for further use, may be advertised and sold in the manner directed by a court of competent jurisdiction or agent of the New Jersey Society for the Prevention of Cruelty to Animals.

The proceeds, after deducting expenses, shall be paid to the district (county) society for the prevention of cruelty to animals, if one is in existence in the county; if not, then to the New Jersey society.

CREDIT(S)

Amended by L.1953, c. 5, p. 53, § 84.

4:22-54. Destruction of animals found in disabled condition

When an animal or creature is found on the highway or elsewhere, whether abandoned or not, in a maimed, sick, infirm or disabled condition, a court of competent jurisdiction or sheriff of the county, or agent of the New Jersey Society for the Prevention of Cruelty to Animals, may appoint a suitable person to examine and destroy such animal or creature if unfit for further use.

CREDIT(S)

Amended by L.1953, c. 5, p. 54, § 85.

4:22-55. Disposition of fines, penalties and moneys imposed and collected

a. Except as provided pursuant to subsection b. of this section, all fines, penalties and moneys imposed and collected under the provisions of this article, shall be paid by the court or by the clerk or court officer receiving the fines, penalties or moneys, within thirty days and without demand, to (1) the county society for the prevention of cruelty to animals of the county where the fines, penalties or moneys were imposed and collected, if the county society brought the action or it was brought on behalf of the county society, to be used by the county society in aid of the benevolent objects for which it was incorporated, or (2) in all other cases, the New Jersey Society for the Prevention of Cruelty to Animals, to be used by the State society in aid of the benevolent objects for which it was incorporated.

b. If an enforcement action for a violation of this article is brought primarily as a result of the discovery and investigation of the violation by a certified animal control officer, the fines, penalties or moneys collected shall be paid as follows: one half to the municipality in which the violation occurred ; and one half to the county society or to the New Jersey Society for the Prevention of Cruelty to Animals, as applicable to the particular enforcement action.

c. Any fines, penalties or moneys paid to a municipality or other entity pursuant to subsection b. of this section shall be allocated by the municipality or other entity to defray the cost of:

(1) enforcement of animal control, animal welfare and animal cruelty laws and ordinances within the municipality; and

(2) the training therefor required of certified animal control officers pursuant to law or other animal enforcement related training authorized by law for municipal employees.

CREDIT(S)

Amended by L.1953, c. 5, p. 54, § 86; L.1997, c. 247, § 7, eff. Dec. 8, 1997; L.2005, c. 372, § 19, eff. Jan. 12, 2006.

 

4:22-56. Liability for civil damages

Although a municipality and the New Jersey Society for the Prevention of Cruelty to Animals or a county society may share in the receipt of fines, penalties or moneys collected with regard to violations occurring in the municipality pursuant to the provisions of R.S.4:22-55:

a. neither a municipality or a certified animal control officer shall be liable for any civil damages as a result of any act or omission of the New Jersey Society for the Prevention of Cruelty to Animals, a county society or an officer thereof with regard to any investigation, arrest or prosecution of a violator with which the municipality or certified animal control officer was not involved; and

b. neither the New Jersey Society for the Prevention of Cruelty to Animals, a county society or an officer thereof shall be liable for any civil damages as a result of any act or omission of a municipality or a certified animal control officer with regard to any investigation, arrest or prosecution of a violator with which the New Jersey Society for the Prevention of Cruelty to Animals, a county society or an officer thereof was not involved.

CREDIT(S)

L.1997, c. 247, § 10, eff. Dec. 8, 1997; L.2005, c. 372, § 20, eff. Jan. 12, 2006.

 

4:22-57. List of persons not eligible to be animal control officers

a. For the purposes of establishing the list of persons not eligible to be certified animal control officers as required pursuant to subsections b. and c. of section 3 of P.L.1983, c.525 (C.4:19-15.16a), notice shall be provided, within 90 days after the effective date of this section, to the Commissioner of Health and Senior Services of any person who has been convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes, by any court or other official administrative entity maintaining records of such violations adjudged on or before the effective date of this section.

b. For the purposes of maintaining the list of persons not eligible to be certified animal control officers as established pursuant to subsections b. and c. of section 3 of P.L.1983, c.525 (C.4:19-15.16a), the court or other official adjudging the guilt or liability for a violation of any provision of chapter 22 of Title 4 of the Revised Statutes, shall charge the prosecutor, officer of the New Jersey Society for the Prevention of Cruelty to Animals or the county society for the prevention of cruelty to animals, or other appropriate person, other than a certified animal control officer, with the responsibility to notify within 30 days the commissioner, in writing, of the full name of the person found guilty of, or liable for, an applicable violation, and the violation for which or of which that person was found guilty or liable, and the person charged with the responsibility shall provide such notice.

CREDIT(S)

L.2003, c. 67, § 3, eff. May 5, 2003; L.2005, c. 372, § 21, eff. Jan. 12, 2006.

 

 

New Jersey State Statue Dead Animals

4:5-11.  Disposal of dead or slaughtered animals;  disposal for food a misdemeanor

    When, by reason of the locality of an infected animal or herd within a city, or by reason of frozen ground or extreme heat, it is, in the judgment of the  department of agriculture, inexpedient or impossible to bury any such dead animal or slaughtered animal on the premises, the department may authorize any veterinarian acting for it to slash the skin and cut the flesh of the animal and, either under his direct oversight, or that of a city board of health, or contractor for the disposal of dead carcasses, to give over the same to the use  of a bone-boiling or glue or other establishment for the disposal of dead animals, but in no case shall the animal or any part thereof, be disposed  of for food, and any such disposal of the same shall make the party concerned  guilty of a misdemeanor and punishable by a fine of not more than one hundred  dollars, or imprisonment in the county jail for a period not exceeding six  months.
 
4:5-12.  Post-mortem examination of dead or slaughtered animals
    If, between October first and May first of any year, a veterinarian who has  been regularly graduated in veterinary medicine, desires to make a post-mortem  examination of an animal he has attended or at the request of the owner of an  animal that has died within the city limits, he may do so, if the examination  is made within twenty hours of the death or slaughter of the animal.

    In every such case he shall notify the city scavenger, or remover of carcasses of animals, of the hour of the examination, and the scavenger shall arrange to remove the carcass in not more than three hours after the beginning of the examination.
 
4:5-13.  Authority of department
    When a county, city, township or district is threatened with a contagious or  infectious disease among animals, or poultry, to such an extent as to seem to  require more general precautions, the department of agriculture may for such  time as it shall deem necessary and proper, quarantine such county, city,  township or district and prohibit the bringing of any animal or poultry,  subject to such contagious or infectious disease, into such county, city,  township or district, or the removal of any such animal, or poultry, out of or  from one place to another within the county, city, township or district without  inspection and a written permit signed by the department or its duly  constituted agent or representative.

New Jersey Sale of Horses

 

 


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