4:19-10 to 4:19-15 . (Repealed by L.1941, c. 151, p. 506, § 28)
4:19-15.1 . Definitions
4:19-15.2 . Dogs; license and metal registration tag required; placing tag on dog
4:19-15.2a . Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license
4:19-15.3 . Fees; renewals; expiration date of licenses; guide dogs or service dogs; acceptance of license in municipality in others
4:19-15.3a . Expiration of licenses; prorated fees; three-year registration tag; renewal of three-year license
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
4:19-15.8 . License for kennel, pet shop, shelter or pound
4:19-15.9 . License fees for kennels and pet shops; no fee for shelter or pound
4:19-15.10 . Kennels, pet shops, shelters or pounds; permitting dogs to go off premises
4:19-15.11 . Disposition of fees collected
4:19-15.12 . License fee may be fixed by ordinance; fee otherwise
4:19-15.13 . List of licensed kennels, pet shops, shelters and pounds
4:19-15.14 . Rules and regulations for kennels, pet shops, shelters and pounds
4:19-15.14a. Use of artificial turf in outdoor animal enclosures
4:19-15.15 . Repealed by L.2015, c. 95, § 47, eff. Aug. 10, 2015
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
4:19-15.16a . Animal control officers; certification
4:19-15.16b . Animal control officers; appointment
4:19-15.16c . Powers and authority of animal control officers - 4:19-15.16c. Repealed by L.2018, c. 69, § 3, eff. Feb. 1, 2019
4:19-15.16d . Complaints, summons or warrants; copies to Prevention of Cruelty to Animals Society - 4:19-15.16d. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
4:19-15.17 . Seizure of dogs, going on premises for
4:19-15.18 . Interfering with persons performing duties under act
4:19-15.19 . Violations of act or rules; penalty
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 Repealed by L.1953, c. 5, p. 44, § 50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
4:19-15.30. Pet Sterilization Pilot Program; development and establishment; duty of shelter, pound, or kennel; duration of program
4:19-15.31. Exclusion from sterilization requirement for certain dogs and cats; refundable deposit
4:19-15.32 . Duty of shelter, pound and kennel to identify cat or dog owner using microchip technology; time to hold prior to adoption, transfer, or destruction
4:19-15.33. Registry of animal rescue organizations and their facilities; rules and regulations
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
As used in P.L.1941, c. 151 (C.4:19-15.1 et seq.):
“Animal rescue organization” means an individual or group of individuals who, with or without salary or compensation, house and care for homeless animals in the home of an individual or in other facilities, with the intent of placing the animals in responsible, more permanent homes as soon as possible.
“Animal rescue organization facility” means the home or other facility in which an animal rescue organization houses and cares for an animal.
“Certified animal control officer” means a person 18 years of age or older who has satisfactorily completed the course of study approved by the Commissioner of Health and Senior Services and the Police Training Commission as prescribed by paragraphs (1) through (3) of subsection a. of section 3 of P.L.1983, c. 525 (C.4:19-15.16a); or 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.
“Dog” means any dog, bitch or spayed bitch.
“Dog of licensing age” means any dog which has attained the age of seven months or which possesses a set of permanent teeth.
“Foster home” means placement of a cat or dog with an individual or group that is not an animal rescue organization for the purpose of temporarily caring for the cat or dog, without the individual or group assuming ownership and with the intent of the individual or group relinquishing the cat or dog to a suitable owner when one is located.
“Kennel” means 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” means 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” means an establishment for the confinement of dogs or other animals seized either under the provisions of this act or otherwise.
“Shelter” means any establishment where dogs or other animals are received, housed and distributed.
“Sterilize” means to render an animal incapable of reproducing by either spaying or neutering.
Credits
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; L.2011, c. 142, § 1, eff. June 11, 2012.
Editors' Notes
SENATE NATURAL RESOURCES AND AGRICULTURE COMMITTEE STATEMENT
Assembly, No. 3205--L.1983, c. 525
The purpose of this bill is to provide for more professional and more highly trained people to enforce the laws concerning animal control. Presently, municipalities appoint individuals for this purpose who have little or no formal training. This bill directs the Commissioner of Health to establish training and educational requirements to certify animal control officers. Municipalities are required, within three years of the effective date of the act, to appoint certified animal control officers. In addition, the bill clarifies the conditions under which animal control officers shall impound animals.
In order to prevent undue hardship on those persons who already possess considerable experience in the field of animal control, the Senate Natural Resources and Agriculture Committee amended the bill to provide for the issuance of a certificate to those persons who have been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of certified animal control officers pursuant to the provisions of this act for a period of three years.
SENATE AGRICULTURE COMMITTEE STATEMENT
Senate, No. 733--L.1978, c. 82
This bill responds to problems that have developed in connection with contracts between municipalities and facilities that provide shelter services for abandoned and stray animals.
By deleting the words “without charge” from the definition of “shelter” in P.L.1941, c. 151 (C. 4:19-15.1), this measure permits municipalities to contract with humane societies and societies for the prevention of cruelty to animals for animal control services.
4:19-15.2. Dogs; license and metal registration tag required; placing tag on dog
Any person who shall own, keep or harbor a dog of licensing age shall annually or every third year, in accordance with a 3-year dog license or renewal thereof issued under subsection b. of section 12 of this act (C.4:19-15.12b), apply for and procure from the clerk of the municipality or other official designated by the governing body thereof to license dogs in the municipality in which he resides, a license and official metal registration tag for each such dog so owned, kept or harbored, and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto. A person or group temporarily caring for a dog placed in a foster home as part of a formalized training to be a guide dog or service dog shall be exempt from applying for and procuring a license and registration tag for the dog while the dog remains in the foster home for such training.
For the purposes of this section, “guide dog” and “service dog” mean a guide dog or service dog as defined in section 5 of P.L.1945, c. 169 (C.10:5-5).
Credits
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; L.2015, c. 163, § 1, eff. Dec. 2, 2015.
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. 1973, c. 263, § 1, eff. Nov. 28, 1973.
4:19-15.3. Fees; renewals; expiration date of licenses; guide dogs or service 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,1 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 guide dogs or service dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of a guide dog or service dog shall not be required to pay any fee therefor. A dog temporarily placed in a foster home as part of a formalized training to be a guide dog or service dog shall not be required to be licensed and registered while the dog remains in the foster home for such training.
For the purposes of this section, “guide dog” and “service dog” mean a guide dog or service dog as defined in section 5 of P.L.1945, c. 169 (C.10:5-5).
License forms and uniform official metal registration tags designed by the 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.
Credits
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; L.2015, c. 163, § 2, eff. Dec. 2, 2015.
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 licenses shall expire on the last day of June of each year, and be subject to revocation by the municipality on recommendation of the Department of Health 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 a license shall not be required to secure individual licenses for dogs owned by a licensee and kept at the establishments; the 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 Department of Health 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), 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.
Credits
L.1941, c. 151, p. 497, § 8. Amended by L.1982, c. 203, § 3, eff. Jan. 1, 1983; L.1999, c. 336, § 6, eff. April 9, 2000; L.2012, c. 17, § 5, eff. June 29, 2012.
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 P.L.1941, c. 151 (C.4:19-15.3, C.4:19-15.8, C.4:19-15.9, and C.4:19-15.16), 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 P.L.1941, c. 151 (C.4:19-15.1 et seq.) 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; for compliance with the requirements of subsection b. of section 6 of P.L.2017, c. 189 (C.4:22-17.6); and for administering the provisions of P.L.1941, c. 151 (C.4:19-15.1 et seq.). Any unexpended balance remaining in the 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 third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from the special account to the general funds of the municipality any amount then in the account which is in excess of the total amount paid into the special account during the last two 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 the 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 P.L.1941, c. 151 (C.4:19-15.1 et seq.) 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 P.L.1941, c. 151 (C.4:19-15.1 et seq.) 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 the trust fund which is in excess of the total amount paid into the trust fund during the last two fiscal years next preceding.
Credits
L.1941, c. 151, p. 498, § 11. Amended by L.1966, c. 64, § 2; L.1981, c. 235, § 3, eff. July 27, 1981; L.2017, c. 189, § 10, eff. Aug. 7, 2017.
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 shall promulgate appropriate regulations concerning veterinarians' certificates for rabies inoculations of dogs for 3-year periods in connection with licenses issued under this subsection.
Credits
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; L.2012, c. 17, § 6, eff. June 29, 2012.
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.
4:19-15.14a. Use of artificial turf in outdoor animal enclosures
Notwithstanding the provisions of section 14 of P.L.1941, c. 151 (C.4:19-15.14) and any rule or regulation adopted pursuant thereto to the contrary, the surfaces of an outdoor animal enclosure of a kennel, pet shop, shelter, or pound may be constructed of artificial turf.
Credits
L.2016, c. 44, § 1, eff. Aug. 31, 2016.
4:19-15.15. Canvass of dogs in municipality; report- Repealed by L.2015, c. 95, § 47, eff. Aug. 10, 2015
Former Text:
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
a. The certified animal control officer appointed by the governing body of the municipality shall take into custody and impound any animal, to thereafter be euthanized or offered for adoption, as provided in this section:
(1) Any dog off the premises of the owner or of the person charged with the care of the dog, which is reasonably believed to be a stray dog;
(2) Any dog off the premises of the owner or the person charged with the care of the dog without a current registration tag on its collar or elsewhere;
(3) Any female dog in season off the premises of the owner or the person charged with the care of the dog;
(4) Any dog or other animal which is suspected to be rabid; or
(5) Any dog or other animal off the premises of the owner or the person charged with its care that is 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.
b. If an animal taken into custody and impounded pursuant to subsection a. of this section has a collar or harness with identification of the name and address of any person, or has a registration tag, or has a microchip with an identification number that can be traced to the owner or person charged with the care of the animal, or the owner or the person charged with the care of the animal is otherwise known, the certified animal control officer shall ascertain the name and address of the owner or the person charged with the care of the animal, and serve to the identified person as soon as practicable, a notice in writing that the animal has been seized and will be liable to be offered for adoption or euthanized if not claimed within seven days after the service of the notice.
c. A notice required pursuant to this section may be served: (1) 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 residence or the address given on the collar, harness, or microchip identification; or (2) by mailing the notice to that person at the person's usual or last known place of residence, or to the address given on the collar, harness or microchip identification.
d. A shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified animal control officer pursuant to subsection a. of this section, or from any other individual, group, or organization, shall hold the animal for at least seven days before offering it for adoption, or euthanizing, relocating, or sterilizing the animal, except if:
(1) the animal is surrendered voluntarily by its owner to the shelter, pound, or kennel operating as a shelter or pound, in which case the provisions of subsection e. of this section shall apply; or
(2) the animal is suspected of being rabid, in which case the provisions of subsection j. of this section shall apply.
e. If a shelter, pound or kennel operating as a shelter or pound is not required to hold an animal for at least seven days pursuant to paragraph (1) of subsection d. of this section, the shelter, pound, or kennel operating as a shelter or pound:
(1) shall offer the animal for adoption for at least seven days before euthanizing it; or
(2) may transfer the animal to an animal rescue organization facility or a foster home prior to offering it for adoption if such a transfer is determined to be in the best interest of the animal by the shelter, pound, or kennel operating as a shelter or pound.
f. Except as otherwise provided for under subsection e. of this section, no shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified animal control officer may transfer the animal to an animal rescue organization facility or a foster home until the shelter, pound, or kennel operating as a shelter or pound has held the animal for at least seven days.
g. If the owner or the person charged with the care of the animal seeks to claim it within seven days, or after the seven days have elapsed but before the animal has been adopted or euthanized, the shelter, pound, or kennel operating as a shelter or pound:
(1) shall, in the case of a cat or dog, release it to the owner or person charged with its care, provided the owner or person charged with the care of the animal provides proof of ownership, which may include a valid cat or dog license, registration, rabies inoculation certificate, or documentation from the owner's veterinarian that the cat or dog has received regular care from that veterinarian;
(2) may, in the case of a cat or dog, charge the cost of sterilizing the cat or dog, if the owner requests such sterilizing when claiming it; and
(3) may require the owner or person charged with the care of the animal to pay all the animal's expenses while in the care of the shelter, pound, or kennel operating as a shelter or pound, not to exceed $4 per day.
h. If the animal remains unclaimed, is not claimed due to the failure of the owner or other person to comply with the requirements of this section, or is not adopted after seven days after the date on which notice is served pursuant to subsection c. of this section or, if no notice can be served, not less than seven days after the date on which the animal was impounded, the impounded animal may be placed in a foster home, transferred to another shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility, or euthanized in a manner causing as little pain as possible and consistent with the provisions of R.S.4:22-19.
i. At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog or other animal taken into custody, impounded, sent or otherwise brought to a shelter, pound, or kennel operating as a shelter or pound shall be sold or otherwise be 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.
j. 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 , and shall be quarantined, observed, and otherwise handled and dealt with as appropriate for an animal suspected of being rabid or as required by the Department of Health for the animals.
k. When a certified animal control officer takes into custody and impounds, or causes to be taken into custody and impounded, an animal, the certified animal control officer may place the animal in the custody of, or cause the animal to be placed in the custody of, only a licensed shelter, pound, or kennel operating as a shelter or pound. The certified animal control officer may not place the animal in the custody of, or cause the animal to be placed in the custody of, any animal rescue organization facility, foster home, or other unlicensed facility. However, the licensed shelter, pound, or kennel operating as a shelter or pound may place the animal in an animal rescue organization facility, foster home, or other unlicensed facility if necessary pursuant to subsection e. or h. of this section.
l. Notwithstanding the provisions of this section and sections 3 and 4 of P.L.2011, c. 142 (C.4:19-15.30 and C.4:19-15.31) to the contrary, no cat or dog being transferred between shelters, pounds, or kennels operating as shelters or pounds, or being transferred to an animal rescue organization facility or placed in a foster home, shall be required to be sterilized prior to that transfer.
Credits
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; L.2011, c. 142, § 2, eff. June 11, 2012; L.2012, c. 17, § 7, eff. June 29, 2012.
4:19-15.16a. Animal control officers; certification
a. The Commissioner of Health 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; and
(3) Community safety as it relates to animal control.
(4) (Deleted by amendment, P.L.2017, c. 331)
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 C.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 notice.
Credits
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; L.2012, c. 17, § 8, eff. June 29, 2012; L.2017, c. 331, § 5, eff. Aug. 1, 2018.
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 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 serve concurrently as a municipal humane law enforcement officer pursuant to subsection c. of section 25 or subsection e. of section 26 of P.L.2017, c. 331 (C.4:22-14.1 or C.4:22-14.2).
Credits
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, eff. Nov. 1, 2003; L.2012, c. 17, § 9, eff. June 29, 2012; L.2017, c. 331, § 6, eff. Feb. 1, 2019.
4:19-15.16c. Powers and authority of animal control officers - 4:19-15.16c. Repealed by L.2018, c. 69, § 3, eff. Feb. 1, 2019
Former text:
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 - 4:19-15.16d. Repealed by L.2017, c. 331, § 35, eff. Aug. 1, 2018
Former text:
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 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 for each offense, to be recovered by and in the name of the Commissioner of Health , 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,[FN3] the penalty shall be not less than $1.00 nor more than $50, to be recovered in the same manner.
Credits
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; L.2012, c. 17, § 10, eff. June 29, 2012.
Footnotes
[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] 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 Commissioner of Health , the penalty shall be paid by the commissioner 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.
Credits
L.1941, c. 151, p. 502, § 20. Amended by L.2012, c. 17, § 11, eff. June 29, 2012.
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.
4:19-15.30. Pet Sterilization Pilot Program; development and establishment; duty of shelter, pound, or kennel; duration of program
a. The Department of Health shall develop and establish a pilot program to be known as the “Pet Sterilization Pilot Program.” The pilot program shall operate in any county with significant animal overpopulation issues that is selected for the program by the Commissioner of Health and agrees to participate in the program. Upon the county's agreement to participate, every shelter, pound, and kennel operating as a shelter or pound in the county shall participate in the pilot program.
b. A shelter, pound, or kennel operating as a shelter or pound in a county participating in the pilot program established under subsection a. of this section shall require every cat or dog to be sterilized before releasing it to a person adopting a cat or dog from the shelter, pound, or kennel operating as a shelter or pound when adoption is permitted pursuant to section 16 of P.L.1941, c. 151 (C.4:19-15.16), except as provided under section 4 of P.L.2011, c. 142 (C.4:19-15.31). The shelter, pound, or kennel operating as a shelter or pound may charge the person adopting the animal the cost of sterilization.
c. The pilot program shall operate for a period of at least two years. No later than two years after the pilot program is established and becomes operative, the Commissioner of Health shall submit a written report to the Governor and, pursuant to section 2 of P.L.1991, c. 164 (C.52:14-19.1), to the Legislature. The report shall contain information on the implementation of the pilot program and shall include the recommendation of the commissioner on the feasibility of implementing the pilot program on a Statewide basis.
Credits
L.2011, c. 142, § 3, eff. June 11, 2012. Amended by L.2012, c. 17, § 12, eff. June 29, 2012.
GOVERNOR'S CONDITIONAL VETO MESSAGE
2016 Electronic Update
TO SENATE BILL No. 2923--L.2011, c. 142
To the Senate:
Pursuant to Article V, Section I, Paragraph 14 of the New Jersey Constitution, I am returning Senate Bill No. 2923 with my recommendations for reconsideration.
This bill establishes a pilot program for the sterilization of dogs and cats released for adoption. Using a voluntary framework for community participation, this bill will allow New Jersey to evaluate the potential efficacy of mandatory pet sterilization for all adopted animals. Each year, millions of dogs and cats are euthanized because of overpopulation. Mandatory sterilization for adopted animals is a humane solution to this senseless loss of life. Senate Bill No. 2923 also sensibly requires a pound or shelter to offer a voluntarily surrendered animal for adoption for at least seven days before euthanizing, and permits transferring surrendered animals to a rescue facility or foster home. Separately, this bill modifies the State's impoundment laws. Under existing law, any animal captured by an animal control officer must be held for seven days before it can be offered for adoption, transferred to a more suitable shelter, or euthanized. Senate Bill No. 2923 changes this standard, and permits these animals to be transferred or euthanized before seven days if the shelter determines that the age, health, or behavior of the animal warrants such action.
I share the intent of the sponsors in crafting this exception. Under current law, animals with incurable injury or disease must have their suffering unfairly prolonged for a week, rather than humanely relieving their pain. Unfortunately, this exception also creates the potential that older or mildly injured animals could be euthanized immediately, and before even a diligent search by an owner could locate a lost pet.
I have worked closely with this bill's sponsors to address revisions to this section that could inadvertently prevent owners from finding and bringing home their lost pets. I therefore recommend removing these provisions and maintaining a seven day hold period for any animal not voluntarily surrendered before it can be offered for adoption, transferred to another facility, or euthanized.
These amendments, as well as the pilot program, will protect companion animals, their owners, and our State's pounds and animal shelters. Accordingly, I herewith return Senate Bill No. 2923 and recommend that it be amended as follows:
* * *
Respectfully,
/s/ Chris Christie
Governor
4:19-15.31. Exclusion from sterilization requirement for certain dogs and cats; refundable deposit
a. Pursuant to the pilot program established under section 3 of P.L.2011, c. 142 (C.4:19-15.30), a person may adopt and remove a cat or dog from a shelter, pound, or kennel operating as a shelter or pound, without sterilizing the cat or dog, if: (1) the cat or dog is less than six months old; and (2) the person pays a refundable deposit, the amount of which is to be established by the shelter, pound, or kennel operating as a shelter or pound.
b. The shelter, pound, or kennel operating as a shelter or pound shall refund the deposit required pursuant to subsection a. of this section if, within 180 days after the date of adoption, the person who adopted the cat or dog submits a certification from a licensed veterinarian that the cat or dog (1) has been sterilized, or (2) cannot be sterilized because it would be detrimental to the health of the cat or dog for reasons other than age. The shelter, pound, or kennel operating as a shelter or pound shall issue the refund within 30 days after receipt of the licensed veterinarian's certification.
c. A person adopting a cat or dog that cannot be sterilized for reasons other than age may remove the cat or dog from the shelter, pound, or kennel operating as a shelter or pound without paying a deposit on the cat or dog, provided that a licensed veterinarian has certified the cat or dog cannot be sterilized because it would be detrimental to the health of the cat or dog for reasons other than age.
Credits
L.2011, c. 142, § 4, eff. June 11, 2012.
4:19-15.32. Duty of shelter, pound and kennel to identify cat or dog owner using microchip technology; time to hold prior to adoption, transfer, or destruction
a. When a cat or dog is put in the custody of and impounded with a shelter, pound, or kennel operating as a shelter or pound, or an animal rescue organization facility receives a cat or dog, the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility shall, if the identity of the owner is not known, scan the animal for microchip identification, provided the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility has such technology available.
b. Prior to release of any cat or dog for adoption, transfer to another facility or foster home, or euthanasia of the cat or dog, the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility shall, if the identity of the owner is not known, scan the cat or dog for microchip identification, provided the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility has such technology available.
c. If either scan required pursuant to subsection a. or b. of this section reveals information concerning the owner of the cat or dog, the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility shall immediately seek to contact and notify the owner of the whereabouts of the cat or dog. Furthermore, if microchip identification is found, the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility shall hold the animal for at least seven days after the notification to the owner.
Credits
L.2011, c. 142, § 5, eff. June 11, 2012.
4:19-15.33. Registry of animal rescue organizations and their facilities; rules and regulations
a. The Department of Health shall establish a registry of animal rescue organizations and their facilities in the State. Any animal rescue organization may voluntarily participate in the registry.
b. The department, pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 (C.52:14B-1 et seq.), may adopt any rules and regulations determined necessary to implement the voluntary registry and coordinate its use with the provisions of P.L.2011, c. 142 (C.4:19-15.30 et al.) and section 16 of P.L.1941, c. 151 (C.4:19-15.16).
Credits
L.2011, c. 142, § 6, eff. June 11, 2012. Amended by L.2012, c. 17, § 13, eff. June 29, 2012.