S1643

An Act concerning the sterilization of cats and dogs 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. (1) Notwithstanding any law, or any rule or regulation adopted pursuant thereto, to the contrary, no cat or dog shall be released from a shelter or pound in the State unless it has been sterilized, except if an owner of a cat or dog who is reclaiming the cat or dog submits an exemption application to the shelter or pound with the required documentation pursuant to subsection b. of this section, or after submitting an exemption application, submits the required documentation as provided for under subsection c. of this section. No provision of this section shall be construed to require the shelter or pound to sterilize a cat or dog unless it is being reclaimed, adopted, or otherwise released from the custody of the shelter or pound.

No cat or dog received at a shelter or pound that has a registration, license or any other type of identification tag shall be sterilized until the cat or dog has not been claimed after being at the shelter or pound for seven days. If the seven days elapse between the date that the owner of the cat or dog has submitted an exemption application without the required documentation and the date on which the owner returns with the required documentation, the cat or dog shall not be sterilized until the owner fails to comply with the provisions of subsection c. of this section. The shelter or pound shall notify any owner seeking to reclaim a cat or dog of the requirements and the provisions of this subsection and subsections b. and c. of this section, in writing and at the time that the owner first seeks to reclaim the cat or dog.

(2) If a person reclaiming or adopting a cat or a dog from a shelter or pound does not obtain an exemption described in paragraph (1) of this subsection, the shelter or pound may charge the person for the cost of sterilizing the cat or dog prior to its release, up to a maximum payment of $100.

b. Any owner reclaiming a cat or a dog from a shelter or pound who expressly does not wish the cat or dog to be sterilized, shall, at the time of reclaiming the cat or dog, submit an exemption application, provided by the shelter or pound, with one of the following:

(1) documentation that the cat or dog has been shown in the past 12 months and is registered as an American Kennel Club or Cat Fanciers’ Association show animal, or a show animal of any successor organization recognized as a successor organization to either of these organizations by the Department of Health and Senior Services;

(2) documentation from a licensed veterinarian that sterilizing the cat or dog would be detrimental to the health of the cat or dog, or that the cat or dog is too young to be sterilized properly;

(3) documentation of the American Kennel Club or Cat Fanciers’ Association requirements that are inconsistent with the sterilization of the cat or dog, or such documentation from any successor organization recognized as a successor organization to either of these organizations by the Department of Health and Senior Services; or

(4) documentation that the owner is a professional licensed breeder registered with the American Kennel Club or Cat Fanciers’ Association, or any successor organization recognized as a successor organization to either of these organizations by the Department of Health and Senior Services.

c. If the owner does not have the documentation required under subsection b. of this section at the time of reclaiming the cat or dog, the owner shall return with the required documentation within seven days after submitting the exemption application, or by such time as otherwise agreed to by the shelter or pound, and reclaim the cat or dog without the cat or dog being sterilized.

d. Any shelter or pound failing to sterilize a cat or dog pursuant to the provisions of this act, shall be liable to a penalty not to exceed $100 for each such unsterilized cat or dog released. Penalties shall be collected by the municipality in which the shelter or pound is located in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the “Penalty Enforcement Law of 1999.” All penalties collected pursuant to this subsection shall be deposited into a special account created by the municipality for use in municipal animal control and welfare programs.

e. The Department of Health and Senior Services may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), any rules or regulations necessary for the implementation of the provisions and requirements of this section.

2. This act shall take effect on July 1 next following enactment.

STATEMENT

This bill provides that no cat or dog may be released from a shelter or pound in the State unless it has been sterilized, except if an owner of a cat or dog who is reclaiming the cat or dog submits an exemption application to the shelter or pound with the documentation required under the bill or, after submitting an exemption application, the owner submits the required
documentation as provided under the bill. The required documentation is one of the following:

(1) documentation that the cat or dog has been shown in the past 12 months and is registered as an American Kennel Club (AKC) or Cat Fanciers’ Association (CFA) show animal, or a show animal of any successor organization recognized as a successor organization to either of these organizations by the Department of Health and Senior Services (DHSS);

(2) documentation from a licensed veterinarian that sterilizing the cat or dog would be detrimental to the health of the cat or dog, or that the cat or dog is too young to be sterilized properly;

(3) documentation of the AKC or CFA requirements that are inconsistent with the sterilization of the cat or dog, or such documentation from any successor organization recognized as a successor organization to either of these organizations by the DHSS; or

(4) documentation that the owner is a professional licensed breeder registered with the AKC or CFA, or any successor organization recognized as a successor organization to either of these organizations by the DHSS.

If the required documentation is not provided, the cat or dog must be sterilized before it is reclaimed or adopted. The shelter or pound may charge the person reclaiming or adopting the cat or dog for the cost of sterilization, up to a maximum of $100. The bill also provides that the shelter or pound is not required to sterilize a cat or dog unless it is being reclaimed, adopted, or otherwise released from the custody of the shelter or pound.

Under the bill, if the owner does not have the required documentation at the time of reclaiming the cat or dog, the owner may return with the required documentation within seven days after submitting the exemption application, or at such time as otherwise agreed to by the shelter or pound, and reclaim the cat or dog without the cat or dog being sterilized.

The bill further provides that no cat or dog received at a shelter or pound that has a registration, license or any other type of identification tag may be sterilized until the cat or dog has not been claimed after being at the shelter or pound for seven days. If the seven days elapse between the date that the owner of the cat or dog has submitted an exemption application without the required documentation and the date on which the owner returns with the required documentation, the cat or dog could not be sterilized until the other provisions of the bill have been complied with. The bill also requires that the shelter or pound notify any owner seeking to reclaim a cat or dog of the requirements and provisions of this bill, in writing and at the time that the owner first seeks to reclaim the cat or dog.

The bill also makes any shelter or pound failing to sterilize a cat or dog liable to a penalty not to exceed $100 for any unsterilized cat or dog released. Penalties would be collected by the municipality in which the shelter or pound is located in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999” and deposited into a special account created by the municipality for use in municipal animal control and welfare programs.