Statute in Full:
4:19-15.3b. Additional fee; dog of reproductive age without permanent alteration of reproductive capacity; disposition
4:19-15.3c. Additional fee for dogs; disposition
4:19-15.4. Time for applying for license
4:19-15.5. Application; contents; preservation of information
4:19-15.6. Dogs brought into state
4:19-15.7. Removing tag from dog without owner's consent; attaching tag to another dog
4:19-15.20. Penalty to be paid to plaintiff; disposition
4:19-15.21. Jurisdiction of proceedings for violations; penalties
4:19-15.22. Repealed by L.1953, c. 5, p. 44, § 50
4:19-15.23. Refusal to pay judgment; confinement in jail
4:19-15.24, 4:19-15.25. Repealed by L.1953, c. 5, p. 44, §§ 51, 52
4:19-15.26. Repealed by Laws 1973, c. 263, § 2, eff. Nov. 28, 1973
4:19-15.27. Act inapplicable to veterinarians' establishments
4:19-15.28. Statutes repealed
4:19-15.29. Effective date
4:19-10 to 4:19-15. Repealed by L.1941, c. 151, p. 506, § 28
HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Section 4:19-10, derived from L.1894, c. 36, § 1, p. 42 [C.S. p. 71, § 80], amended by L.1916, c. 74, § 1, p. 150 [1924 Suppl. § 7-80], L.1926, c. 34, § 1, p. 65; L.1894, c. 36, p. 43 [C.S. p. 72, § 85], required registration of dogs. For provisions relating to similar subject matter, see, now, § 4:19- 15.2.
Section 4:19-11, derived from L.1894, c. 36, § 2, p. 42, amended by L.1895, c. 286, § 1, p. 578 [C.S. p. 72, § 81], L.1916, c. 75, § 1, p. 151 [1924 Suppl. § 7-81], specified the registration fee for dogs and for the use of the fee to pay claims. For provisions relating to similar subject matter, see, now, §§ 4:19-15.3 and 4:19-15.11.
Section 4:19-12, derived from L.1894, c. 36, § 2, p. 42, amended by L.1895, c. 286, § 1, p. 578 [C.S. p. 72, § 81], L.1916, c. 75, § 1, p. 151 [1924 Suppl. § 7-81], required municipalities to keep books for registering dogs.
Section 4:19-13, derived from L.1894, c. 36, § 3, p. 42, amended by L.1895, c. 286, § 2, p. 579 [C.S. p. 72, § 82], L.1916, c. 75, § 2, p. 151 [1924 Suppl. § 7-82], related to penalty for failure of a clerk to register a dog.
Sections 4:19-14 and 4:19-15, derived from L.1926, c. 34, §§ 2, 3, pp. 65, 66, authorized the impounding and destruction of unregistered or untagged dogs, and required notice of impounding to be given to the S.P.C.A. For provisions relating to similar subject matter, see, now, §§ 4:19-15.16 and 4:19- 15.17.
4:19-15.1. Definitions
4:19-15.1. Definitions P 1987.< 17, January before years three of period a for 525 c. P.L.1983, provisions the to pursuant officer control animal certified of, required those responsibilities similar with and capacity in Jersey New State employed been has who or (C.4:19-15.16a); 3 section a. subsection (3) through (1) paragraphs by prescribed as Commission Training Police Services Senior Health Commissioner approved study course completed satisfactorily older age 18 person means officer? Certified>
" Dog? shall mean any dog, bitch spayed bitch.< or P>"Dog of licensing age" shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
"Kennel" shall mean any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
"Owner" when applied to the proprietorship of a dog shall include every person having a right of property in that dog and every person who has that dog in his keeping, and when applied to the proprietorship of any other animal, including, but not limited to, a cat, shall include every person having a right of property in that animal and every person who has that animal in his keeping.
"Pet shop" shall mean any place of business which is not part of a kennel, wherein animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.
"Pound" shall mean an establishment for the confinement of dogs or other animals seized either under the provisions of this act or otherwise.
"Shelter" shall mean any establishment where dogs or other animals are received, housed and distributed.
CREDIT(S)
L.1941, c. 151, p. 495, § 1. Amended by L.1978, c. 82, § 1, eff. July 19, 1978; L.1983, c. 525, § 1, eff. Jan. 17, 1984; L.1997, c. 247, § 1, eff. Dec. 8, 1997.
4:19-15.2a. Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license
No municipal clerk or other official designated by the governing body of any municipality to license dogs therein shall grant any such license and official metal registration tag for any dog unless the owner thereof provides evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Health, Education, and Welfare, or has been certified exempt as provided by regulations of the State Department of Health. Such vaccination shall be repeated at intervals as provided by regulations of the State Department of Health, and shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same. The State Department of Health shall promulgate regulations providing for the recognized duration of immunity, interval of inoculation, certificate of vaccination, certificate of exemption, and such other matters related to this act.
CREDIT(S)
L.1941, c. 151, p. 495, § 2. Amended by L.1981, c. 235, § 1, eff. July 27, 1981; L.1982, c. 203, § 1, eff. Jan. 1, 1983.
4:19-15.3. Fees; renewals; expiration date of licenses; "seeing eye", "service" and "hearing ear" dogs; acceptance of license in municipality in others
The person applying for the license and registration tag shall pay the fee fixed or authorized to be fixed in section 12 of this act, [FN1] and the sum of $1.00 for a one-year registration tag or $3.00 for a three-year registration tag for each dog; and for each renewal, the fee for the license and for the registration tag shall be the same as for the original license and tag; and said licenses, registration tags and renewals thereof shall expire no later than June 30 in the year stated on the license; except that this expiration date shall not require a municipality to alter its schedule for administering rabies inoculations to any dog to be licensed and registered; nor shall this expiration date require a municipality to alter its schedule for renewing licenses and registration tags, provided that the registration period precedes June 30. The governing body of a municipality may stagger the expiration of such annual licenses so long as all expirations occur no later than June 30 in the calendar year stated on the license.
Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and such license and tag shall be accepted by all municipalities as evidence of compliance with this section.
Dogs used as guides for blind persons and commonly known as "seeing-eye" dogs, dogs used to assist handicapped persons and commonly known as "service dogs," or dogs used to assist deaf persons and commonly known as "hearing ear" dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
License forms and uniform official metal registration tags designed by the State Department of Health shall be furnished by the municipality and shall be numbered serially and shall bear the year of issuance and the name of the municipality.
CREDIT(S)
L.1973, c. 263, § 1, eff. Nov. 28, 1973.
4:19-15.3a. Expiration of licenses; prorated fees; three-year registration tag; renewal of three-year license
Subsequent to the effective date of P.L.1982, c. 203, the provisions of any law to the contrary notwithstanding:
a. All annual licenses required pursuant to the provisions of section 2 of P.L.1941, c. 151 (C. 4:19-15.2), section 3 of P.L.1941, c. 151 (C. 4:19-15.3) and section 8 of P.L.1941, c. 151 (C. 4:19-15.8) shall expire no later than June 30 in the calendar year next following issuance; provided that the license and registration tag fee shall be prorated for any license and registration tag which is valid for longer than 12 months. The governing body of a municipality may stagger the expiration of such annual licenses so long as all expirations occur no later than June 30 in the calendar year next following issuance.
b. Any 3-year registration tag issued pursuant to the provisions of section 2 of P.L.1941, c. 151 (C. 4:19-15.2) or section 3 of P.L.1941, c. 151 (C. 4:19-15.3), which is due to expire January 31 of the year of the effective date of this act, shall be valid until June 30 of that year.
Upon renewal of the three-year licenses on June 30 of the calendar year next following issuance, the municipality may assess a fee, in addition to the annual fee, which reflects a prorated portion of the three-year fee for the period January 31 to June 30 preceding renewal.
CREDIT(S)
L.1941, c. 151, p. 496, § 3. Amended by L.1966, c. 64, § 1, eff. Jan. 1, 1967; L.1980, c. 46, § 3, eff. June 26, 1980; L.1981, c. 235, § 2, eff. July 27, 1981; L.1982, c. 203, § 2, eff. Jan. 1, 1983; L.1983, c. 40, § 1, eff. Jan. 26, 1983; L.1983, c. 485, § 2, eff. Jan. 17, 1984; L.1996, c. 113, § 1, eff. Sept. 5, 1996.
4:19-15.3b. Additional fee; dog of reproductive age without permanent alteration of reproductive capacity; disposition
a. In addition to the fee charged pursuant to section 3 of P.L.1941, c. 151 (C. 4:19-15.3) and forwarded to the Department of Health pursuant to section 11 of P.L.1941, c. 151 (C. 4:19-15.11), any person applying for the license and registration tag pursuant to section 2 of P.L.1941, c. 151 (C. 4:19-15.2) shall pay a fee of $3.00 for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization.
b. All fees collected pursuant to the provisions of this section and section 5 of this amendatory and supplementary act [FN1] shall be forwarded to the State Treasurer, for deposit in the "Animal Population Control Fund" created pursuant to section 7 of this act. [FN2]
CREDIT(S)
L.1983, c. 172, § 1.
[FN1] N.J.S.A. § 4:19A-4.
[FN2] N.J.S.A. § 4:19A-6.
CREDIT(S)
L.1982, c. 203, § 4, eff. Jan. 1, 1983. Amended by L.1983, c. 40, § 2, eff. Jan. 26, 1983; L.1996, c. 113, § 2, eff. Sept. 5, 1996.
4:19-15.3c. Additional fee for dogs; disposition
In addition to the fee charged pursuant to section 3 of P.L.1941, c. 151 (C. 4:19-15.3) and forwarded to the Department of Health pursuant to section 11 of P.L.1941, c. 151 (C. 4:19-15.11), any person applying for the license and registration tag pursuant to section 2 of P.L.1941, c. 151 (C. 4:19-15.2) shall pay an additional fee of $0.20 for any dog.
All fees collected pursuant to the provisions of this section shall be forwarded to the State Treasurer to be placed in the "Pilot Clinic Fund" created pursuant to P.L.198[3], c. [180] (C. [4:19A-14] ), to be used by the Commissioner of Health for the operation of the animal sterilization pilot clinic established pursuant to that act.
CREDIT(S)
L.1983, c. 181, § 1, eff. May 10, 1983.
4:19-15.4. Time for applying for license
The owner of any newly-acquired dog of licensing age or of any dog which attains licensing age, shall make application for license and registration tag for such dog within ten days after such acquisition or age attainment.
CREDIT(S)
L.1941, c. 151, p. 496, § 4.
4:19-15.5. Application; contents; preservation of information
The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought, whether it is of a long-or short-haired variety, and whether it has been surgically debarked or silenced; also the name, street and post-office address of the owner and the person who shall keep or harbor such dog. The information on the application and the registration number issued for the dog shall be preserved for a period of three years by the clerk or other local official designated to license dogs in the municipality. In addition , the clerk or other local official shall forward to the State Department of Health and Senior Services each month, on forms furnished by the department an accurate account of registration numbers issued or otherwise disposed of. Registration numbers shall be issued in the order of the applications.
CREDIT(S)
L.1941, c. 151, p. 496, § 5. Amended by L.1952, c. 37, p. 129, § 1; L.2002, c. 102, § 7, eff. Nov. 20, 2002.
4:19-15.6. Dogs brought into state
Any person who shall bring or cause to be brought into this State any dog licensed in another State for the current year, and bearing a registration tag, and shall keep the same or permit the same to be kept within the State for a period of more than ninety days shall immediately apply for a license and registration tag for each such dog unless such dog be licensed under section eight of this act.
Any person who shall bring or cause to be brought into this State any unlicensed dog and shall keep the same or permit the same to be kept within the State for a period of more than ten days shall immediately apply for a license and registration tag for each such dog unless such dog be licensed under section eight of this act. [FN1]
CREDIT(S)
L.1941, c. 151, p. 497, § 6.
4:19-15.7. Removing tag from dog without owner's consent; attaching tag to another dog
No person, except an officer in the performance of his duties shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it was not issued.
CREDIT(S)
L.1941, c. 151, p. 497, § 7.
4:19-15.8. License for kennel, pet shop, shelter or pound
a. Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the clerk or other official designated to license dogs in the municipality where such establishment is located, for a license entitling him to keep or operate such establishment.
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the local municipal and health authorities showing compliance with the local and State rules and regulations governing location of and sanitation at such establishments.
b. All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of each year, and be subject to revocation by the municipality on recommendation of the State Department of Health and Senior Services or the local board of health for failure to comply with the rules and regulations of the State department or local board governing the same, after the owner has been afforded a hearing by either the State department or local board, except as provided in subsection c. of this section.
Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; such licenses shall not be transferable to another owner or different premises.
c. The license for a pet shop shall be subject to review by the municipality, upon recommendation by the State Department of Health and Senior Services or the local health authority for failure by the pet shop to comply with the rules and regulations of the State department or local health authority governing pet shops or if the pet shop meets the criteria for recommended suspension or revocation provided under subsection c. or d. of section 5 of P.L.1999, c. 336 (C.56:8-96)(now pending before the Legislature as this bill), after the owner of the pet shop has been afforded a hearing pursuant to subsection e. of section 5 of P.L.1999, c. 336 (C.56: 8-96).
The municipality, based on the criteria for the recommendation of the local health authority provided under subsections c. and d. of section 5 of P.L.1999, c. 336 (C.56:8-96), may suspend the license for 90 days or may revoke the license if it is determined at the hearing that the pet shop: (1) failed to maintain proper hygiene and exercise reasonable care in safeguarding the health of animals in its custody or (2) sold a substantial number of animals that the pet shop knew, or reasonably should have known, to be unfit for purchase.
d. The municipality may issue a license for a pet shop that permits the pet shop to sell pet supplies for all types of animals, including cats and dogs, and sell animals other than cats and dogs but restricts the pet shop from selling cats or dogs, or both.
e. Every pet shop licensed in the State shall submit annually and no later than May 1 of each year records of the total number of cats and dogs, respectively, sold by the pet shop each year to the municipality in which it is located, and the municipality shall provide this information to the local health authority.
CREDIT(S)
L.1941, c. 151, p. 497, § 8. Amended by L.1982, c. 203, § 3, eff. Jan. 1, 1983; L.1999, c. 336, § 6.
4:19-15.9. License fees for kennels and pet shops; no fee for shelter or pound
The annual license fee for a kennel providing accommodations for ten or less dogs shall be ten dollars ($10.00) and for more than ten dogs twenty-five dollars ($25.00). The annual license fee for a pet shop shall be ten dollars ($10.00). No fee shall be charged for a shelter or pound.
CREDIT(S)
L.1941, c. 151, p. 498, § 9.
4:19-15.10. Kennels, pet shops, shelters or pounds; permitting dogs to go off premises
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on leash or in a crate or other safe control.
CREDIT(S)
L.1941, c. 151, p. 498, § 10.
4:19-15.11. Disposition of fees collected
License fees and other moneys collected or received under the provisions of sections 3, 8, 9 and 16 of this act, [FN1] except registration tag fees, shall be forwarded to the treasurer of the municipality within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the municipality and shall be used for the following purposes only; for collecting, keeping and disposing of dogs liable to seizure under this act or under local dog control ordinances; for local prevention and control of rabies; for providing antirabic treatment under the direction of the local board of health for any person known or suspected to have been exposed to rabies, for payment of damage to or losses of poultry and domestic animals, except dogs and cats, caused by a dog or dogs and for administering the provisions of this act. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this section. At the end of the said third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the municipality any amount then in such account which is in excess of the total amount paid into said special account during the last 2 fiscal years next preceding.
The registration tag fee for each dog shall be forwarded within 30 days after collection by the clerk or other official designated to license dogs to the State Department of Health which department shall forward said sum to the State Treasurer who shall place all such moneys in a special account for use only by the State Department of Health in administering this act and for the prevention and control of rabies throughout the State, and such account is hereby declared to be a trust fund not subject to legislative appropriation. At the end of the third fiscal year following the adoption of this act and at the end of each fiscal year thereafter, there shall be withdrawn from this trust fund and transferred to the general funds of the State any amount then in such fund which is in excess of the total amount paid into such fund during the last 2 fiscal years next preceding.
CREDIT(S)
L.1941, c. 151, p. 498, § 11. Amended by L.1966, c. 64, § 2; L.1981, c. 235, § 3, eff. July 27, 1981.
[FN1] N.J.S.A. §§ 4:19-15.3, 4:19-15.8, 4:19-15.9, and 4:19- 15.16.
4:19-15.12. License fee may be fixed by ordinance; fee otherwise
a. The governing body of each municipality may, by ordinance, fix the sum to be paid annually for a dog license and each renewal thereof, as required by section 3 of this act, which sum shall be not less than $1.50 or more than $21; provided however, that the governing body may by ordinance, provide for a reduction or waiver of the sum to be paid by an owner who presents a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered. In the absence of any local ordinance, the fee for all dog licenses shall be $1.50.
b. The governing body of each municipality, may, by ordinance, fix the sum to be paid for a 3-year dog license and each renewal thereof, which sum shall be not more than 3 times the sum charged for an annual license under subsection a. of this section. In the absence of such a local ordinance, the license fee for a 3-year dog license shall be $4.50. The Department of Health and Senior Services shall promulgate appropriate regulations concerning veterinarians' certificates for rabies inoculations of dogs for 3-year periods in connection with licenses issued under this subsection.
CREDIT(S)
L.1941, c. 151, p. 499, § 12. Amended by L.1954, c. 118, p. 594, § 1; L.1966, c. 64, § 3; L.1978, c. 168, § 1, eff. Dec. 22, 1978; L.2007, c. 7, § 1, eff. Jan. 24, 2007.
4:19-15.13. List of licensed kennels, pet shops, shelters and pounds
The clerk or other official designated to license dogs in the municipality shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within thirty days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
CREDIT(S)
L.1941, c. 151, p. 499, § 13.
4:19-15.14. Rules and regulations for kennels, pet shops, shelters and pounds
The State Department of Health shall, within six months of the approval of this act and with the co-operation and assistance of the State Department of Agriculture, prepare and promulgate rules and regulations governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments.
Such rules and regulations shall be enforced by the State Department of Health and by local boards of health.
CREDIT(S)
L.1941, c. 151, p. 500, § 14.
4:19-15.15. Canvass of dogs in municipality; report
Any person appointed for the purpose by the governing body of the municipality, shall, either annually or biennially, at the direction of the governing body, cause a canvass to be made of all dogs owned, kept or harbored within the limits of their respective municipalities and shall report, on or before September 1 of the year in which the census is taken, to the clerk or other person designated to license dogs in the municipality and to the local board of health, and to the State Department of Health the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring unlicensed dogs, the number of unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.
CREDIT(S)
L.1941, c. 151, p. 500, § 15. Amended by L.1952, c. 37, p. 129, § 2; L.1973, c. 161, § 1, eff. June 7, 1973; L.1979, c. 442, § 1, eff. Feb. 21, 1980; L.1996, c. 113, § 21, eff. Sept. 5, 1996.
4:19-15.16. Impounding or taking dogs or other animals into custody; grounds; notice; destruction or adoption; sale or availability for experimentation prohibited; penalty; reporting of rabid animals
Any person appointed for the purpose by the governing body of the municipality shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or offered for adoption as provided in this section:
(a) Any dog off the premises of the owner or of the person keeping or harboring said dog which said official or his agent or agents have reason to believe is a stray dog;
(b) Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on his collar;
(c) Any female dog in season off the premises of the owner or of the person keeping or harboring said dog;
(d) Any dog or other animal which is suspected to be rabid;
(e) Any dog or other animal off the premises of the owner reported to, or observed by, a certified animal control officer to be ill, injured or creating a threat to public health, safety or welfare, or otherwise interfering with the enjoyment of property.
If any animal so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or the owner or the person keeping or harboring said animal is known, any person authorized by the governing body shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said animal, if known, a notice in writing stating that the animal has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after the service of the notice.
A notice under this section may be served either by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of abode, or at the address given on the collar, or by forwarding it by post in a prepaid letter addressed to that person at his usual or last known place of abode, or to the address given on the collar.
Any person authorized by the governing body may cause an animal to be destroyed in a manner causing as little pain as possible and consistent with the provisions of R.S.4:22-19 or to be offered for adoption seven days after seizure; provided that:
(1) Notice is given as set forth above and the animal remains unclaimed; or,
(2) The owner or person keeping or harboring the animal has not claimed the animal and paid all expenses incurred by reason of its detention, including maintenance costs not exceeding $4.00 per day; or,
(3) The owner or person keeping or harboring a dog which was unlicensed at the time of seizure does not produce a license and registration tag for the dog.
At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog or other animal so caught and detained or procured, obtained, sent or brought to a pound or shelter shall be sold or otherwise made available for the purpose of experimentation. Any person who sells or otherwise makes available any such dog or other animal for the purpose of experimentation shall be guilty of a crime of the fourth degree.
After observation, any animal seized under this section suspected of being rabid shall be immediately reported to the executive officer of the local board of health and to the Department of Health.
CREDIT(S)
L.1941, c. 151, p. 500, § 16. Amended by L.1959, c. 33, p. 126, § 1; L.1973, c. 161, § 2, eff. June 7, 1973; L.1974, c. 69, § 1, eff. July 29, 1974; L.1977, c. 231, § 2, eff. Sept. 20, 1977; L.1978, c. 186, § 1, eff. Jan. 9, 1979; L.1983, c. 525, § 2, eff. Jan. 17, 1984; L.1987, c. 376, § 1, eff. Jan. 7, 1988; L.1997, c. 324, § 1, eff. Jan. 8, 1998.
4:19-15.16a. Animal control officers; certification
a. The Commissioner of Health and Senior Services shall, within 120 days after the effective date of P.L.1983, c. 525, and pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), adopt rules and regulations concerning the training and educational qualifications for the certification of animal control officers, including, but not limited to, a course of study approved by the commissioner and the Police Training Commission, in consultation with the New Jersey Certified Animal Control Officers Association, which acquaints a person with:
(1) The law as it affects animal control, animal welfare, and animal cruelty;
(2) Animal behavior and the handling of stray or diseased animals;
(3) Community safety as it relates to animal control; and
(4) The law enforcement methods and techniques required for an animal control officer to properly exercise the authority to investigate and sign complaints and arrest without warrant pursuant to section 8 of P.L.1997, c. 247 (C.4:19-15.16c), including, but not limited to, those methods and techniques which relate to search, seizure and arrest. The training in law enforcement methods and techniques described pursuant to this paragraph shall be part of the course of study for an animal control officer only when required by the governing body of a municipality pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b).
Any person 18 years of age or older may satisfy the courses of study established pursuant to this subsection at that person's own time and expense; however, nothing in this section shall be construed as authorizing a person to exercise the powers and duties of an animal control officer absent municipal appointment or authorization pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b).
b. (1) The commissioner shall provide for the issuance of a certificate to a person who possesses, or acquires, the training and education required to qualify as a certified animal control officer pursuant to paragraphs (1) through (3) of subsection a. of this section and to a person who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L.1983, c. 525, for a period of three years before January 17, 1987. The commissioner shall not issue a certificate to any person convicted of, or found civilly liable for , a violation of any provision of chapter 22 of Title 4 of the Revised Statutes.
(2) The commissioner shall revoke the certificate of any person convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes, and shall place the name of the person on the list established pursuant to subsection c. of this section.
c. (1) The commissioner shall establish a list of all persons issued a certificate pursuant to subsection b. of this section (a) for whom that certificate has been revoked, or (b) who have been convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes. The commissioner shall provide each municipality in the State with a copy of this list within 30 days after the list is established and not less often than annually thereafter if no revised list required pursuant to paragraph (2) of this subsection has been issued in the interim.
(2) Upon receipt of a notice required pursuant to section 3 or 4 of P.L.2003, c.67 (C.4:22-57 or 2B:12-17.1) involving a person who has been issued a certificate pursuant to subsection b. of this section, the commissioner shall add to the list the name of the person convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes according to the notice, and shall issue a copy of the revised list to each municipality within 30 days after receipt of any such notice.
CREDIT(S)
L.1983, c. 525, § 3, eff. Jan. 17, 1984. Amended by L.1997, c. 247, § 2, eff. Dec. 8, 1997; L.2003, c. 67, § 1, eff. May 5, 2003.
4:19-15.16b. Animal control officers; appointment
The governing body of a municipality shall, within three years of the effective date of P.L.1983, c. 525, appoint a certified animal control officer who shall be responsible for animal control within the jurisdiction of the municipality and who shall enforce and abide by the provisions of section 16 of P.L.1941, c. 151 (C.4:19-15.16). The governing body shall not appoint a certified animal control officer, shall not contract for animal control services with any company that employs a certified animal control officer, and shall revoke the appointment of a certified animal control officer, 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 or whose name is on the list or any revision thereto established and provided by the Commissioner of Health and Senior Services pursuant to subsection c. of section 3 of P.L.1983, c. 525 (C.4:19- 15.16a). The governing body shall, within 30 days after receipt thereof, review any such list or revision thereto received by the municipality and shall, within that 30-day period, take action accordingly as required pursuant to this section.
The governing body may authorize the certified animal control officer to investigate and sign complaints, arrest violators and otherwise act as an officer for detection, apprehension and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality, if the officer has completed the training required pursuant to paragraph 4 of subsection a. of section 3 of P.L.1983, c. 525 (C.4:19- 15.16a). Only certified animal control officers who have completed the training may be authorized by the governing body to so act as an officer for detection, apprehension and arrest of offenders; however, officers who have completed the training shall not have the authority to so act unless authorized by the governing body which is employing the officer or contracting for the officer's services.
CREDIT(S)
L.1983, c. 525, § 4, eff. Jan. 17, 1984. Amended by L.1997, c. 247, § 3, eff. Dec. 8, 1997; L.2000, c. 17, § 1, eff. April 28, 2000; L.2003, c. 67, § 2.
4:19-15.16c. Powers and authority of animal control officers
A certified animal control officer authorized pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b) shall have the power and authority, within the jurisdiction of the municipality or other entity employing, or contracting for, the animal control officer to:
a. Enforce all laws or ordinances enacted for the protection of animals, including, but not limited to, animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality;
b. Investigate and sign complaints concerning any violation of an animal control, animal welfare or animal cruelty law of the State or ordinance of the municipality; and
c. Act, by virtue of the officer's appointment or employment and in addition to any other power and authority, as an officer for the detection, apprehension and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality.
Upon a request for assistance by a municipality or other entity that does not employ, or contract for, the certified animal control officer, a certified animal control officer may, within the jurisdiction of that municipality or other entity making the request, exercise the powers and authority granted pursuant to this section.
CREDIT(S)
L.1997, c. 247, § 8, eff. Dec. 8, 1997.
4:19-15.16d. Complaints, summons or warrants; copies to Prevention of Cruelty to Animals Society
A certified animal control officer who signs a complaint, issues a summons, makes an arrest, or otherwise acts pursuant to his authority pursuant to P.L.1983, c. 525, R.S.4:22-44, or section 8 of P.L.1997, c. 247(C. 4:19-15.16c) shall forward within five business days a copy of that complaint, summons, or arrest warrant or report to the New Jersey Society for the Prevention of Cruelty to Animals and shall forward a report of any related court action within thirty calendar days of final disposition.
CREDIT(S)
L.1997, c. 247, § 9, eff. Dec. 8, 1997.
4:19-15.17. Seizure of dogs, going on premises for
Any officer or agent authorized or empowered to perform any duty under this act is hereby authorized to go upon any premises to seize for impounding any dog or dogs which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if said owner is present and forbids the same.
CREDIT(S)
L.1941, c. 151, p. 502, § 17.
4:19-15.18. Interfering with persons performing duties under act
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this act.
CREDIT(S)
L.1941, c. 151, p. 502, § 18.
4:19-15.19. Violations of act or rules; penalty
Except as otherwise provided in this act, any person who violates or who fails or refuses to comply with sections 2, 4, 6, 7, 8, 10 or 18 of this act [FN1] or the rules and regulations promulgated by the State Department of Health pursuant to section 14 of this act, [FN2] shall be liable to a penalty of not less than $5.00 nor more than $50.00 for each offense, to be recovered by and in the name of the Director of Health of the State of New Jersey, [FN3] or by and in the name of the local board of health of the municipality, or by and in the name of the municipality, as the case may be, except that for the first offense in cases of violations of sections 2, 4 and 6 of this act, [FN4] the penalty shall be not less than $1.00 nor more than $50.00, to be recovered in the same manner.
CREDIT(S)
L.1941, c. 151, p. 502, § 19. Amended by L.1942, c. 132, p. 417, § 1; L.1974, c. 69, § 2, eff. July 29, 1974.
[FN1] N.J.S.A. §§ 4:19-15.2, 4:19-15.4, 4:19-15.6, 4:19-15.7, 4:19-15.8, 4:19-15.10 and 4:19-15.18.
[FN2] N.J.S.A. § 4:19-15.14.
[FN3] Powers and duties of Director of Health transferred to State Department of Health, and references to Director of Health as meaning State Commissioner of Health, see N.J.S.A. §§ 26:1A-55, 26:1A-62.
[FN4] N.J.S.A. §§ 4:19-15.2, 4:19-15.4 and 4:19-15.6.
4:19-15.20. Penalty to be paid to plaintiff; disposition
Any penalty recovered in an action brought under the provisions of this act shall be paid to the plaintiff therein. When the plaintiff is the Director of Health of the State of New Jersey, [FN1] the penalty shall be paid by said director into the treasury of the State. When the plaintiff is a local board of health the penalty shall be paid by the local board into the treasury of the municipality within which the local board has jurisdiction.
CREDIT(S)
L.1941, c. 151, p. 502, § 20.
[FN1] Powers and duties of Director of Health transferred to State Department of Health, and references to Director of Health as meaning State Commissioner of Health, see N.J.S.A. §§ 26:1A-55, 26:1A-62.
4:19-15.21. Jurisdiction of proceedings for violations; penalties
The Superior Court and the municipal courts shall have jurisdiction to hear and determine in a summary manner proceedings for violations of any of the provisions of this act. Penalties for such violations shall be enforced and recovered pursuant to "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.) at the suit of the Commissioner of Health of the State of New Jersey or of the local board of health or the municipality. Process shall be either in the nature of a summons or warrant.
CREDIT(S)
L.1941, c. 151, p. 502, § 21. Amended by L.1953, c. 5, p. 43, § 49; L.1991, c. 91, § 174, eff. April 9, 1991.
4:19-15.22. Repealed by L.1953, c. 5, p. 44, § 50
HISTORICAL AND STATUTORY NOTES
1998 Main Volume
The repealed section, derived from L.1941, c. 151, p. 503, § 22, related to summary hearings.
4:19-15.23. Refusal to pay judgment; confinement in jail
The court shall cause a defendant who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto, to be committed to the county jail for a period not exceeding ten days in the case of a first conviction, and in the case of a conviction for a second, subsequent or continuing violation, for a period not exceeding thirty days.
CREDIT(S)
L.1941, c. 151, p. 504, § 23.
4:19-15.24, 4:19-15.25. Repealed by L.1953, c. 5, p. 44, §§ 51, 52
HISTORICAL AND STATUTORY NOTES
1998 Main Volume
The repealed sections, derived from L.1941, c. 151, p. 504, §§ 24, 25, related to adjournment of hearings, detainment of defendants in safe custody bonds, forfeitures, judgments for penalties, forms, commitments, clerk's authority to sign, costs, and execution.
4:19-15.26. Repealed by Laws 1973, c. 263, § 2, eff. Nov. 28, 1973
4:19-15.27. Act inapplicable to veterinarians' establishments
No provision of this act shall be construed to apply to any establishment wherein or whereon dogs are received or kept for diagnostic, medical, surgical, or other treatments, owned by and operated under the immediate supervision of a graduate veterinarian licensed in the State of New Jersey.
CREDIT(S)
L.1941, c. 151, p. 506, § 27.
4:19-15.28. Statutes repealed
Sections 4:19-10, 4:19-11, 4:19-12, 4:19-13, 4:19-14, 4:19- 15, 40:52-5, 40:52-6 of the Revised Statutes are hereby repealed.
CREDIT(S)
L.1941, c. 151, p. 506, § 28.
4:19-15.29. Effective date
This act shall take effect November first, one thousand nine hundred and forty-one.
CREDIT(S)
L.1941, c. 151, p. 506, § 29.
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