New Jersey

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NJ - Veterinary - Chapter 16. Veterinary Medicine, Surgery and Dentistry.

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

Pet Dealers Ass'n of New Jersey, Inc. v. Division of Consumer Affairs, Dept. of Law and Public Safety, State of N. J.


By this appeal Pet Dealers Association of New Jersey, Inc. challenges the validity of the Attorney General's regulations governing the sale of pet cats and dogs adopted pursuant to the Consumer Fraud Act, N.J.S.A. 56:8--4. Pet Dealers first contends that the regulations in question conflict with Article 2 of the Uniform Commercial Code (N.J.S.A. 12A:2--101 Et seq.) in that the regulations provide the consumer with broader remedies than are available under the Code. The court disagreed, finding that the UCC is intended to give stability and certainty to commercial transactions, not to limit otherwise valid exercise of police powers by the State. Appellant also maintains that the regulations create an invalid classification, contrary to the Equal Protection Clause. The court held the regulations are a valid act of police power that does not evince any invidious discrimination the state's part.

State v. Beckert


This New Jersey case involved an appeal of a borough ordinance that limited ownership to three licensed dogs.  The prosecutrix was found to have been keeping 39 dogs.  The court found that she presented no evidence that she was operating a kennel, nor was the ordinance unreasonable in its restriction.

State v. Beekman


The defendant was convicted, in the Somerset Oyer and Terminer, of malicious mischief. The indictment charges that the defendant unlawfully, willfully, and maliciously did wound one cow, of the value of $ 50, of the goods and chattels of J. C. T.  The defendant appealed the conviction contending that the act charged in the indictment didn't constitute an indictable offence in this state.  The Court held that the facts charged in this indictment constitute no indictable offence, and the Court of Over and Terminer should be advised accordingly.

State v. Kess


After receiving a call to investigate a complaint of the smell of dead bodies, a health department specialist found defendant burying sixteen to twenty-one garbage bags filled with decaying cats in her backyard (later investigations showed there were about 200 dead cats total). Defendant also housed 35-38 cats in her home, some of whom suffered from serious illnesses. Because the humane officer concluded that defendant failed to provide proper shelter for the cats by commingling the healthy and the sick ones, he charged her with thirty-eight counts of animal cruelty, in violation of N.J.S.A. 4:22-17, one for each of the thirty-eight cats found in her home. While defendant claimed that she was housing the cats and attempting to nurse them back to health so they could be adopted out, the court found sufficient evidence that "commingling sick animals with healthy ones and depriving them of ventilation when it is particularly hot inside is failing both directly and indirectly to provide proper shelter."

State v. Smith


This case involves the construction of a Hoboken, New Jersey dangerous dog ordinance in light of the state Vicious and Potentially Dangerous Dog Act.  The owner's dog that was the subject of this case was ordered by the municipal court to be destroyed after it bit a person on the hand.  In applying the relevant preemption test, the court found that the Act preempted any city ordinance purporting to cover same subject.  As noted by the court, it was the procedural conflict that caused the most concern.  Thus, because the procedural/jurisdictional defect in the ordinance was not cured, the municipal court lacked jurisdiction to hear the case.

State v. Taffet (unpublished)

The State of New Jersey, through the Borough of Haddonfield, appeals from the final judgment of the Law Division, which reversed the finding of the municipal court that defendant's dog is a potentially dangerous dog pursuant to N.J.S.A. 4:19-23(a) as well as the imposition of certain measures to mitigate any future attacks. Defendant, a resident of Haddonfield, owns, breeds, and shows four Rhodesian Ridgebacks kept at his home in a residential neighborhood. The Superior Court concluded that the Law Division's did not properly defer to the trial court's credibility determinations and were not supported by sufficient credible evidence. The court found that the dog's dual attacks causing bodily injury to two individuals were undisputed, and along with evidence of more recent intimidating activity in the neighborhood, the municipal court could have reasonably concluded that the dog posed a more serious threat to cause bodily injury to another.
Stoffels v. Harmony Hill Farm


An owner of a horse farm acquired a new horse that had only recently been broken in and got a woman with some health problems to ride the horse. The horse bucked and threw the defendant off the horse causing injury. The court held that even though riders assume the risk of most injuries, a horse owner can be liable for failure to take reasonable measures to match the rider to a suitable horse.

U.S. Sportsmen's Alliance Foundation v. New Jersey Department of Environmental Protection


The New Jersey Department of Environmental Protection, Division of Fish and Wildlife executed an administrative order preventing the issuance of bear hunting permits.  Hunters and hunting organizations sought judicial review of the administrative decision.  The Supreme Court of New Jersey ultimately held it was within the authority of the Environmental Protection Commissioner to approve policies of the Fish & Wildlife Council and, therefore, execute the administrative order against bear hunting permits.

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