§§8,9

C. 4:19-15.16c

&

4:19-15.16d

§10

C. 4:22-56

§11

Note To §§1- -10



P.L. 1997, CHAPTER 247, approved September 9, 1997

Assembly, No. 482 (First Reprint)

 

 

 

An Act concerning animal control officers, amending various parts of the statutory law, and supplementing Title 4 of the Revised Statutes.

 

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

 

    1. 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 1[a] the 1 course of study approved by the Commissioner of Health 1[on the control and welfare of animals and the law concerning animal cruelty ,] and Senior Services and the Police Training Commission1 as prescribed by [this amendatory and supplementary act or who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of certified animal control officers pursuant to the provisions of this act, for a period of three years] 1paragraphs (1) through (3) of subsection a. of section 3 of1 P.L.1983, c.525 1[(C.4:19-15.1 et al.)] (C.4:19-15.16a) 1 ; 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 officer pursuant to the provisions of 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.

    "Owner" when applied to the proprietorship of a dog shall include every person having a right of property in that dog and every person who has that dog in his keeping, and when applied to the proprietorship of any other animal, including, but not limited to, a cat, shall include every person having a right of property in that animal and every person who has that animal in his keeping.

    "Pet shop" shall mean any [room or group of rooms, cage or exhibition pen,] place of business which is not part of a kennel, wherein [dogs for sale are kept or displayed] animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes .

    "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 that dog and every person who has that dog in his keeping.]

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

 

    2. 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 1 and Senior Services1 shall, within 120 days after the effective date of [this amendatory and supplementary act] P.L.1983, c.525 1[(C.4:19-15.1 et al.)]1, 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, including, but not limited to, a course of study approved by the commissioner and the Police Training Commission, 1 in consultation with the New Jersey Certified Animal Control Officers Association,1 which acquaints a person with:

    (1) The law as it affects animal control [and] , animal welfare , and animal cruelty ;

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

    (3) Community safety as it relates to animal control ; and

    (4) The law enforcement methods and techniques required for an animal control officer to properly exercise the authority to investigate and sign complaints and arrest without warrant pursuant to section 8 of P.L. , c. (C. ) (now before the Legislature as this bill), including, but not limited to, those methods and techniques which relate to search, seizure and arrest. The training in law enforcement methods and techniques described pursuant to this paragraph shall be part of the course of study for an animal control officer only when required by the governing body of a municipality pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b).

    1Any person 18 years of age or older may satisfy the courses of study established pursuant to this subsection at that person's own time and expense; however, nothing in this section shall be construed as authorizing a person to exercise the powers and duties of an animal control officer absent municipal appointment or authorization pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b).1

    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 1[the provisions of [this act 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 certified animal control officers pursuant to the provisions of this act for a period of three years] P.L.1983, c.525, and the issuance of a certificate]paragraphs (1) through (3) of subsection a. of this section and1 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 officer pursuant to the provisions of P.L.1983, c.525, for a period of three years before January 17, 1987.

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

 

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

    4. The governing body of a municipality shall, within three years of the effective date of [this amendatory and supplementary act] P.L.1983, c.525 1[(C.4:19-15.1 et al.)]1, appoint a certified animal control officer who shall be responsible for animal control within the jurisdiction of the municipality and who shall enforce and abide by the provisions of section 16 of P.L.1941, c.151 (C.4:19-15.16). The governing body may authorize the certified animal control officer to investigate and sign complaints, arrest violators and otherwise act as an officer for detection, apprehension and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality, if the officer has completed the training required pursuant to paragraph 4 of subsection a. of section 3 of P.L.1983, c.525 (C.4:19-15.16a). Only certified animal control officers who have completed the training may be authorized by the governing body to so act as an officer for detection, apprehension and arrest of offenders; however, officers who have completed the training shall not have the authority to so act unless authorized by the governing body which is employing the officer or contracting for the officer's services.

(cf: P.L.1983, c.525, s.4)

 

    4. R.S.4:22-44 is amended to read as follows:

    4:22-44. 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 [or] , 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.

(cf: P.L.1953, c.5, s.80)

 

    5. R.S.4:22-45 is amended to read as follows:

    4:22-45. Where an arrest is made under the provisions of this article by a constable [under the provisions of this article], 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.

(cf: R.S.4:22-45)

 

    6. R.S.4:22-47 is amended to read as follows:

    4:22-47. 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.

(cf: P.L.1989, c.35, s.4)

 

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

    4:22-55. [All] 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 [same] 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 [same] 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 1as follows: one half1 to the municipality in which the violation occurred 1[, unless otherwise agreed upon by the municipality and the prosecuting authority] and one half to the New Jersey Society for the Prevention of Cruelty to Animals1.

    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.

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

 

    8. (New section) A certified animal control officer authorized pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b) shall have the power and authority, within the jurisdiction of the municipality or other entity employing, or contracting for, the animal control officer to:

    a. Enforce all laws or ordinances enacted for the protection of animals, including, but not limited to, animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality;

    b. Investigate and sign complaints concerning any violation of an animal control, animal welfare or animal cruelty law of the State or ordinance of the municipality; and

    c. Act, by virtue of the officer's appointment or employment and in addition to any other power and authority, as an officer for the detection, apprehension and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality.

    Upon a request for assistance by a municipality or other entity that does not employ, or contract for, the certified animal control officer, a certified animal control officer may, within the jurisdiction of that municipality or other entity making the request, exercise the powers and authority granted pursuant to this section.

 

    19. (New section) A certified animal control officer who signs a complaint, issues a summons, makes an arrest, or otherwise acts pursuant to his authority pursuant to P.L.1983, c.525, R.S.4:22-44, or section 8 of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall forward within five business days a copy of that complaint, summons, or arrest warrant or report to the New Jersey Society for the Prevention of Cruelty to Animals and shall forward a report of any related court action within thirty calendar days of final disposition.1

 

    110. (New section) 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.1

 

    1[9.] 11.1 This act shall take effect on the 90th day after the date of enactment.

 

 

 

Extends authority of, and requires additional training for, animal control officers.