SENATE, No. 364

STATE OF NEW JERSEY

213th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2008 SESSION

 


 

Sponsored by:

Senator ANDREW R. CIESLA

District 10 (Monmouth and Ocean)

Senator ANTHONY R. BUCCO

District 25 (Morris)

 

 

 

 

SYNOPSIS

     Directs DHSS to adopt regulations prohibiting overcrowding of animals in kennels, pet shops and other retail establishments; establishes penalties.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning the care and housing of animals in kennels, pet shops and other retail establishments selling animals, and supplementing Title 4 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  a.  In addition to any rules and regulations adopted pursuant to any other provision of Title 4 of the Revised Statutes, the Department of Health and Senior Services shall review existing requirements concerning the proper care and housing of animals by kennels, pet shops and any other retail establishments selling animals, determine the proper care and housing for each species of animal sold by kennels, pet shops and any other retail establishments selling animals, and adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations providing for the proper care and housing of animals by kennels, pet shops and other retail establishments selling animals that prohibit the overcrowding of animals.

     b.  Any owner of a kennel, pet shop or other retail establishment selling animals found to be guilty of overcrowding animals under the provisions of the rules and regulations adopted pursuant to subsection a. of this section shall be subject to the following:

     (1)  a civil penalty of $500 for the first violation;

     (2)  a civil penalty of $1,000 for the second violation;

     (3)  a civil penalty of $5,000 for the third violation; and,

     (4)  for the fourth violation, revocation of the kennel or pet shop license or certificate of occupancy, if the establishment is not a kennel or a pet shop, pending the appropriate due process for such revocation.

     c.  No provision of this section shall be applied to shelters, pounds or other nonprofit organizations involved in the shelter or rescue of mistreated, stray and abandoned animals.

 

     2.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill directs the Department of Health and Senior Services to review current regulations concerning the proper care and housing of animals, determine the proper care and housing for each species of animal sold by kennels, pet shops and any other retail establishments selling animals, and adopt rules and regulations providing for the proper care and housing of animals by kennels, pet shops and other retail establishments selling animals that prohibit the overcrowding of animals.

     The bill also establishes penalties for the owner of a kennel, pet shop or other retail establishment selling animals found guilty of overcrowding animals.  The penalties are as follows:

     1)  a civil penalty of $500 for the first violation;

     2)  a civil penalty of $1,000 for the second violation;

     3)  a civil penalty of $5,000 for the third violation; and,

     4)  for the fourth violation, revocation of the kennel or pet shop license or certificate of occupancy, if the establishment is not a kennel or a pet shop, pending the appropriate due process for such revocation.