University of Vermont AAHS

New Jersey Cruelty to Animals Statutes


NEW JERSEY STATUTES
TITLE 4. AGRICULTURE AND DOMESTIC ANIMALS
CHAPTER 22. PREVENTION OF CRUELTY TO ANIMALS
ARTICLE 1. SOCIETIES FOR THE PREVENTION OF CRUELTY
A. THE NEW JERSEY SOCIETY


22-1. Incorporation

The corporation under the name of "the New Jersey Society for the Prevention of Cruelty to Animals", created for the purpose of the enforcement of all laws enacted for the protection of dumb animals, by the act entitled "An act to incorporate the New Jersey society for the prevention of cruelty to animals," approved April third, one thousand eight hundred and sixty-eight (L.1868, c. 335), which act constituted Thomas T. Kinney, Moses Bigelow, Theodore Runyon, Adolph Schalk, A. A. Smalley, Theodore P. Howell, John Y. Foster, Edward N. Fuller, P. T. Quinn, R. Watson Gilder, and such other persons as shall be associated with them, and their successors, as such corporation, is hereby continued.


22-2. Quorum of incorporators

Four of the incorporators named in section 4:22-1 of this title, or of their successors, shall constitute a quorum for the transaction of business.


22-3. General powers

The society may:

a. Elect its own members and officers;

b. Elect or designate officers and agents for carrying on its business;

c. Establish such by-laws or regulations as may be deemed necessary for its government;

d. Enforce all laws or ordinances enacted for the protection of dumb animals;

e. Make, alter and use a common seal;

f. Adopt a common badge which shall be authority for making arrests;

g. Sue and be sued in all courts; and all actions brought by or against the society shall be in its corporate name;

h. Purchase and hold such real estate as may be expedient for the administration of its service, and take by devise or gift all real estate or personal property which is devised or given to it, without regard to value. The title to such real estate shall be taken in the corporate name of the society.


22-4. Aid to society by police forces

The police forces of all places where such organizations exist, shall, as occasion may require, aid the society, its members, officers or agents, in the enforcement of all laws enacted for the protection of dumb animals.


22-5. Organization

The president of the New Jersey society may, from time to time, and at such times as he shall deem proper, appoint in the several counties as many persons as he shall deem fit, to organize in the county where they reside a district (county) society for the purpose of the enforcement of all laws enacted for the protection of dumb animals. Such society shall be organized under and by virtue of a certificate of authority issued by the president of the New Jersey society, which certificate may be revoked by the president at any time for cause.


B. DISTRICT (COUNTY) SOCIETIES


22-6. Incorporation

A district (county) society duly organized according to law shall become a corporation whenever, by authority of a special meeting held for the purpose, the president and secretary thereof shall file with the secretary of state and with the clerk of the county wherein the society is located a certificate setting forth its acceptance of the provisions of this section and section 4:22-7 of this title, and enumerating the names of its officers and the name or title of the society, which name or title shall thereupon become and remain its corporate name.


22-7. By-laws and regulations of incorporated societies

A district (county) society that becomes a corporation may make by-laws, rules and regulations for the administration of its corporate business and for perpetuating its existence, including provision for the election and selection of its members and such officers as it may from time to time desire.


22-8. Certain societies constituted corporations

The district (county) societies and other county or branch societies organized in accordance with the provisions of this article prior to April eighth, one thousand nine hundred and eight, all of which were constituted corporations by the act of that date, are hereby continued as such.


22-9. General powers

A district (county) society shall have the same rights, powers and privileges as are vested in the New Jersey society by section 4:22-3 of this title, except that:

a. All actions brought by or against a district (county) society shall be in its own corporate or official name;

b. The common seal may be the same as that of the New Jersey society; and

c. All real estate purchased by, or devised or given to, a district (county) society shall be taken in its corporate name.


C. SOCIETIES ORGANIZED IN COUNTIES BY DISTRICT (COUNTY) SOCIETIES


22-10. Organization

A district (county) society may, by and with the approval of the president of the state society, organize other societies in the county.


22-11. Powers

A society organized in a county by a district (county) society, as authorized in section 4:22-10 of this title, shall have the same rights, powers and privileges as are vested in a district (county) society.


D. USE OF BADGE OF SOCIETIES


22-12. Use of common badge by nonmember; petty disorderly persons offense

A person not a member of a duly organized or incorporated society for the prevention of cruelty to animals, who shall use the badge adopted by such society, which badge is made authority for making arrests, shall be guilty of a petty disorderly persons offense.


E. AMENDMENT OF CORPORATE CHARTERS


22-13. Right to amend charter to include enumerated powers and purposes

A corporation constituted or organized for the purpose of the enforcement of laws enacted for the protection of dumb animals, or for the purpose of promoting the welfare of dumb animals, whether incorporated by special act of the legislature or under general laws, may at any time, in the manner provided in section 4:22-14 of this title, amend its charter or certificate of incorporation as originally enacted or filed or as amended so that such corporation, in addition to its other powers and purposes, shall have the following powers and purposes: To promote the interests of and to protect and care for dumb animals; to maintain and operate one or more rest farms, kennels, pounds, shelters, or hospitals or any or all of them, for animals, and to do any and all things which would benefit or tend to benefit dumb animals.


22-14. Procedure to amend charter

The board of directors, executive committee or other governing managers of a corporation such as is referred to in section 4:22-13 of this title, may at a regular or special meeting of such directors, executive committee or other governing managers, by resolution declare it advisable to amend the charter or certificate of incorporation as indicated in such resolution, and direct that the amendment be submitted to the members of the corporation at their next regular meeting, or at a special meeting called for the purpose, and that a copy of such resolution be included in the notice of the meeting.

If the members, after having such notice, shall by a unanimous vote of the members present and lawfully voting at the meeting, or any adjournment thereof, approve the amendment, and no member shall file written objections to the amendment with the secretary of the corporation at or before the meeting, the amendment shall be deemed to have the unanimous consent of all the members.

A certificate, signed by the president and secretary, under the corporate seal, and acknowledged or proved as in the case of deeds to real estate, setting forth the passage of the resolution, the approval thereof by the members in the manner in this section provided, and that no member filed a written objection, all as provided in this section, shall be filed and recorded in the office of the secretary of state. Thereupon the charter or certificate of incorporation shall be amended and changed accordingly.


ARTICLE 2. PREVENTION OF CRUELTY
A. DEFINITIONS; CONSTRUCTION


22-15. Definitions

As used in this article:

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

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


22-16. Construction of article

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

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

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

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

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

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

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


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

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

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

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

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

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


22-17. Cruelty in general; disorderly persons offense

A person who shall:

a. Overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary sustenance, unnecessarily or cruelly beat or otherwise abuse, or needlessly mutilate or kill, a living animal or creature;

b. Cause or procure any of such acts to be done; or

c. Inflict unnecessary cruelty upon a living animal or creature of which he has charge either as owner or otherwise, or unnecessarily fail to provide it with proper food, drink, shelter or protection from the weather, or leave it unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature--

Shall be guilty of a disorderly persons offense, and notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense shall be fined not less than $250 nor more than $1,000, or be imprisoned for a term of not more than six months, or both, in the discretion of the court. In addition, the court (1) shall impose a term of community service of up to 30 days, and may direct that the term of community service be served in providing assistance to the New Jersey Society for the Prevention of Cruelty to Animals, a district (county) society for the prevention of cruelty to animals, or any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, or to a municipality's animal control or animal population control program; (2) may require the violator to pay restitution or otherwise reimburse any costs for food, drink, shelter, or veterinary care or treatment, or other costs, incurred by any agency, entity, or organization investigating the violation, including but not limited to the New Jersey Society for the Prevention of Cruelty to Animals, a district (county) society for the prevention of cruelty to animals, any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, or a local or State governmental entity; and (3) may impose any other appropriate penalties established for a disorderly persons offense pursuant to Title 2C of the New Jersey Statutes.



B. MISDEMEANORS AND FINES



22-18. Carrying animal in cruel manner; disorderly persons offense

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


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

A person who shall:

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

b. Destroy or cause to be destroyed any such animal by hypoxia induced by decompression or in any other manner, by the administration of a lethal gas other than an inhalant anesthetic, or in any other manner except by a method of euthanasia generally accepted by the veterinary medical profession as being reliable, appropriate to the type of animal upon which it is to be employed, and capable of producing loss of consciousness and death as rapidly and painlessly as possible for such animal shall, in the case of a violation of subsection a., be guilty of a disorderly persons offense and shall be punished as provided in R.S. 4:22-17; or, in the case of a violation of subsection b., be subject to a penalty of $25.00 for the first offense and $50.00 for each subsequent offense. Each animal destroyed in violation of subsection b. shall constitute a separate offense. The penalty shall be collected in accordance with "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.) and all money collected shall be remitted to the State.

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


22-19.4. Violations; penalty

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


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

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

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


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

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


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

A person who shall:

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

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

Shall be guilty of a crime of the fourth degree.


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

Each person operating a motor vehicle who shall knowingly hit, run over, or cause injury to a cat, dog, horse or cattle shall stop at once, ascertain the extent of injury, report to the nearest police station, police officer, or notify the nearest Society for the Prevention of Cruelty to Animals and give his name, address, operator's license and registration number, and also give the location of the injured animal.


22-25.2. Punishment for violation

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


C. PENALTIES; RECOVERY


22-26. Acts constituting cruelty in general; penalty

A person who shall:

a. Overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary sustenance, or cruelly beat or otherwise abuse or needlessly mutilate or kill a living animal or creature;

b. Cause or procure to be done by his agent, servant, employee or otherwise an act enumerated in subsection a. of this section;

c. Inflict unnecessary cruelty upon a living animal or creature of which he has charge or custody either as owner or otherwise, or unnecessarily fail to provide it with proper food, drink, shelter or protection from the weather, or leave it unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

t. Abandon a domesticated animal;

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

v. Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or creature for the purpose of fighting or baiting that animal or creature;

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

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

y. Knowingly sell or barter or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a domestic dog or cat or any product made in whole or in part from the flesh of a domestic dog or cat--
Shall forfeit and pay a sum not to exceed $250, except in the case of a violation of subsection t. a mandatory sum of $500, and $1,000 if the violation occurs on or near a roadway, and in the case of a violation of subsection x. or y. a sum not to exceed $1,000 for each domestic dog or cat fur or fur or hair product or domestic dog or cat carcass or meat product, to be sued for and recovered, with costs, in a civil action by any person in the name of the New Jersey Society for the Prevention of Cruelty to Animals.


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

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


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

The indictment of a person under the provisions of this article, or the holding of a person to bail to await the action of a grand jury or court, shall not in any way relieve him from his liability to be sued for the penalty in paragraphs "e," "f," "g," "u," "v," or "w" of section 4:22-26 of this Title.


22-29. Jurisdiction of action for penalty

The action for the penalty prescribed in R.S.4:22-26 or R.S.4:22-27 [FN1] , shall be brought:

a. In the Superior Court; or

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


22-32. Enforcement and collection of penalties; warrant

Penalties for violations of sections 4:22-26 and 4:22-27 [FN1] of this Title shall be enforced and collected in a summary manner under "the penalty enforcement law" (2A:58-1 et seq.). A warrant may issue when the defendant is temporarily within the jurisdiction of the court, but not residing therein; or when the defendant is likely to evade judgment by removal therefrom; or when his name or residence is unknown.


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

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


22-43. Powers of members or agents of the society

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


D. ARREST, SEARCHES, SEIZURES, ETC.


22-44. Arrests with or without warrant

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

a. Make arrests for violations of this article;

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


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

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

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


22-46. Search warrants; issuance

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


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

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


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

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

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

A bird or animal found or adjudged to be of no use or value may be liberated or disposed of as directed by the court.
The costs of sheltering, caring for, treating, and if necessary, destroying an animal or creature, including veterinary expenses therefor, until the animal or creature is adjudged forfeited and sold, liberated, or disposed of pursuant to this section shall be borne by the owner of the animal or creature.

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


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

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

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

4:22-48.2. Confiscated animals; costs of care and treatment
The costs of sheltering, caring for, or treating any animal that has been confiscated from a person arrested pursuant to the provisions of R.S.4:22-47 by an agent of the New Jersey Society for the Prevention of Cruelty to Animals, or any other person authorized to make an arrest pursuant to article 2 of chapter 22 of Title 4 of the Revised Statutes, until the animal is adjudged forfeited or until the animal is returned to the owner, shall be borne by the owner of the animal.


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

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

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


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

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

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


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

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

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

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

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


22-53. Sale of animals abandoned in disabled condition

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

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


22-54. Destruction of animals found in disabled condition

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


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

a. Except as provided pursuant to subsection b. of this section, all fines, penalties and moneys imposed and collected under the provisions of this article, shall be paid by the court or by the clerk or court officer receiving the fines, penalties or moneys, within thirty days and without demand, to the district (county) society for the prevention of cruelty to animals of the county where the fines, penalties or moneys were imposed and collected, if one is in existence in that county, and if not, then to the New Jersey Society for the Prevention of Cruelty to Animals, to be used by the society in aid of the benevolent objects for which it was incorporated.

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

c. Any fines, penalties or moneys paid to a municipality or other entity pursuant to subsection b. of this section shall be allocated by the municipality or other entity to defray the cost of:
(1) enforcement of animal control, animal welfare and animal cruelty laws and ordinances within the municipality; and
(2) the training therefor required of certified animal control officers pursuant to law.


4:22-56. Liability for civil damages
Although a municipality and the New Jersey Society for the Prevention of Cruelty to Animals or a district (county) society may share in the receipt of fines, penalties or moneys collected with regard to violations occurring in the municipality pursuant to the provisions of R.S.4:22-55:

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

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


TITLE 18A. EDUCATION
SUBTITLE 6. CONDUCT OF SCHOOLS
PART 2. FACILITIES AND CONDUCT OF SCHOOLS
CHAPTER 35. CURRICULUM AND COURSES
ARTICLE 1. CURRICULUM


A:35-4.1. Course of study in principles of humanity

Each board of education may teach, by special courses or by emphasis in appropriate places of the curriculum, in a manner adapted to the ages and capabilities of the pupils in the several grades and departments, the principles of humanity as the same apply to kindness and avoidance of cruelty to animals and birds, both wild and domesticated.

Amended in 1996, 1997, 2000.
Reviewed by AAHS in September 2001.


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