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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
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