[First Reprint]

ASSEMBLY, No. 287

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman ROONEY

An Act concerning animal control officers, local health ¹[officers] officials¹, and animal cruelty, amending the title and amending and supplementing the body of P.L.1941, c.151¹,¹ and amending P.L.1983, c.525 ¹and R.S.4:22-55¹.

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

    1. The title of P.L.1941, c.151 is amended to read as follows:

An Act [for the uniform control and licensing of dogs and kennels to aid in preventing the spread of rabies] concerning domestic animal control, and repealing sections 4:19-10, 4:19-11, 4:19-13, 4:19-14, 4:19-15, 40:52-5 and 40:52-6 of the Revised Statutes.

(cf: P.L.1941, c.151, title)

    2. Section 1 of P.L.1941, c.151 (C.4:19-15.1) is amended to read as follows:

    1. "Certified animal control officer" means a person 18 years of age or older who has satisfactorily completed a course of study approved by the Commissioner of Health on the control and welfare of animals and the law concerning animal cruelty, as prescribed by [this amendatory and supplementary act] P.L.1983, c.525 (C.4:19-15.1 et al.), 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 [officers] officer pursuant to the provisions of [this act,] P.L.1983, c.525 for a period of three years before January 17, 1987.

    "Dog" shall mean any dog, bitch or spayed bitch.

    "Dog of licensing age" shall mean any dog which has attained the age of [7] seven months or which possesses a set of permanent teeth.

    "Kennel" shall mean any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.

    "Local health ¹[officer"] official"¹ means a health officer appointed pursuant to ¹[section 14 of P.L.1975, c.329 (C.26:3A2-14)] Title 26 of the Revised Statutes¹ , or a sanitary inspector ¹, certified animal control officer,¹ or other authorized person under the supervision of, and designated by, a local health officer to receive the training and perform the function, duties, and responsibilities of a local health ¹[officer] official¹ as prescribed pursuant to P.L. , c. (C. ) (now before the Legislature as this bill).

    "Owner" shall include every person having a right of property in an animal and every person who has such animal in his keeping.

    "Pet shop" shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.

    "Pound" shall mean an establishment for the confinement of dogs or other animals seized either under the provisions of this act or otherwise.

    "Shelter" shall mean any establishment where dogs or other animals are received, housed and distributed.

    ["Owner" when applied to the proprietorship of a dog shall include every person having a right of property in such dog and every person who has such dog in his keeping.]

(cf: P.L.1983, c.525, s.1)

    3. Section 3 of P.L.1983, c.525 (C.4:19-15.16a) is amended to read as follows:

    3. a. The Commissioner of Health shall, within 120 days after the effective date of [this amendatory and supplementary act] P.L.1983, c.525 (C.4:19-15.1 et al.), 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 and the training of local health ¹[officers] officials¹ for the purposes of P.L. , c. (C. ) (now before the Legislature as this bill), including, but not limited to, a course of study approved by the commissioner, which acquaints a person with:

    (1) The law as it affects animal control [and] , animal welfare, and animal cruelty, including such law as it pertains to kennels, pet shops, shelters, and pounds;

    (2) Animal behavior and the handling of stray or diseased animals; and

    (3) Community safety as it relates to animal control.

    b. 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 the provisions of [this act] P.L.1983, c.525 and the issuance of a certificate 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 [officers] officer pursuant to the provisions of [this act] P.L.1983, c.525 for a period of three years before January 17, 1987. The commissioner shall also provide for the issuance of a certificate to a local health ¹[officer] official¹ who completes the training required pursuant to this section and section 4 of P.L. , c.    (C. ) (now before the Legislature as this bill).

    c. Nothing in this section shall be construed to require a local health ¹[officer] official¹ to become fully certified as a certified animal control officer.

(cf: P.L.1983, c.525, s.3)

    4. (New section) Every local health ¹[officer] official designated to perform the inspections required by section 5 of P.L. , c. (C.    ) (now before the Legislature as this bill)¹ shall complete the training ¹, with respect to the inspection of kennels, pet shops, shelters, and pounds,¹ on the control and welfare of animals and the law concerning animal cruelty as provided pursuant to section 3 of P.L.1983, c.525 (C.4:19-15.16a).

    5. (New section) Each ¹[certified animal control officer and each]¹ local health ¹[officer] official¹ shall inspect ¹[periodically, but not less than semi-annually,] annually, and in response to any complaint received,¹ every kennel, pet shop, shelter, and pound, except as otherwise provided in this section, located within the jurisdiction of the ¹[certified animal control officer or the]¹ local health ¹[officer, as the case may be,] official¹ for compliance with all laws, rules, regulations, and ordinances concerned with animal control, animal welfare, and animal cruelty. Any ¹animal cruelty¹ violation discovered in the course or as a result of any such inspection shall be immediately reported to ¹[all appropriate enforcement authorities, the Department of Health,]¹ the New Jersey Society for the Prevention of Cruelty to Animals ¹[,]¹ and the district (county) society for the prevention of cruelty to animals if one exists for the area within which the violation occurred.

     The provisions of this section shall not apply to kennels in which less than four female dogs are boarded or bred, or in which less than four distinct breeds are boarded or bred.

    6. (New section) a. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, any civil penalty or criminal fine collected for a violation of any law, rule, regulation, or ordinance pertaining to animal control, animal welfare, or animal cruelty that:

    (1) occurred within a kennel, pet shop, shelter, or pound; and

    (2) was discovered in the course or as a result of an inspection conducted pursuant to section 5 of P.L. , c. (C. ) (now before the Legislature as this bill), shall be paid to the municipality employing, or contracting for, the ¹[certified animal control officer or]¹ local health ¹[officer] official¹ who conducted the inspection and discovered the violation.

    b. Any such monies paid to a municipality pursuant to subsection a. of this section shall be allocated by the municipality to defray the cost of the training required for its certified animal control officers and local health ¹[officers] officials¹ pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.), section 3 of P.L.1983, c.525 (C.4:19-15.16a), and section 4 of P.L.    , c. (C. ) (now before the Legislature as this bill) and the cost of any enforcement action brought in response to a violation discovered in the course or as a result of an inspection conducted by the municipality's ¹[certified animal control officer or]¹ local health ¹[officer] official¹ pursuant to section 5 of P.L. , c. (C. ) (now before the Legislature as this bill).

    c. The provisions of this section shall not apply to any civil or criminal action brought by the New Jersey Society for the Prevention of Cruelty to Animals or any district (county) society for the prevention of cruelty to animals pursuant to R.S.4:22-26 or any other law.

    ¹7. R.S.4:22-55 is amended to read as follows:

    4:22-55. [All] Except as provided otherwise pursuant to section 6 of P.L. , c. (C. ) (now before the Legislature as this bill), 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 same, within thirty days and without demand, to the district (county) society for the prevention of cruelty to animals of the county where the same 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.¹

(cf: P.L.1953, c.5, s.86)

    ¹[7.] 8.¹ This act shall take effect on the 90th day after ¹the date of¹ enactment ¹[, but the Commissioner of Health may take such anticipatory administrative action in advance thereof as shall be necessary for implementation of the act]¹.

    7. This act shall take effect on the 90th day after enactment, but the Commissioner of Health may take such anticipatory administrative action in advance thereof as shall be necessary for implementation of the act.

Provides for local inspections of kennels, pet shops, shelters, and pounds by local health officials.