ASSEMBLY, No. 1079

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen CORODEMUS and T. SMITH

An Act concerning the control of animals and amending R.S.26:4-94.

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

    1. R.S.26:4-94 is amended to read as follows:

    26:4-94. Any person who violates any of the provisions of this article except [sections] R.S.26:4-90 to R.S.26:4-92, or any notice served thereunder, shall be liable to a penalty of [five dollars ($5.00)]$100 for the first offense, and not less than [five dollars ($5.00)]$100 nor more than [fifty dollars ($50.00)]$2,000 for each subsequent offense, to be recovered in a civil action brought by and in the name of the State Department or a local board. Penalties hereunder shall be enforced and collected pursuant to [sections] R.S.26:3-72, R.S.26:3-77 and R.S.26:3-78 [of the Revised Statutes].

    A person who is attacked or bitten by a dog, cat or other animal of which a person who is liable for a penalty under this section is in charge, shall be entitled to payment from the proceeds of the penalty, within the limits of those proceeds, for the cost of treatment for rabies, as a result of that attack or bite, which is not covered by a State or federal program or health insurance contract or policy.

(cf: P.L.1953, c.26, s.47)

    2. This act shall take effect immediately.

STATEMENT

    This bill amends R.S.26:4-94 to increase the fines for a violation of the statutes governing control of dogs, cats and other animals who attack or bite a person from $5 to $100 for the first offense, and from a range of between $5 and $50 to a range of between $100 and $2,000 for each subsequent offense. The amount of these fines has not been increased since 1953.

    The bill further provides that a person who is attacked or bitten by an animal of which a person who is liable for the above penalty is in charge, shall be entitled to be paid from the proceeds of the penalty, within the limits of those proceeds, for the cost of treatment for rabies, as a result of that attack or bite, which is not covered by a State or federal program or health insurance contract or policy.

Increases fines for violation of statutes governing control of dogs, cats and other animals.