[First Reprint]

SENATE, No. 118

 

STATE OF NEW JERSEY

 

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senators PALAIA and LIPMAN

 

 

An Act concerning the prevention of cruelty to animals, amending and repealing various parts of the statutory law, supplementing chapter 22 of Title 4 of the Revised Statutes 1[,and making an appropriation]1 .

 

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

 

    1. (New section) As used in this chapter:

    "Agent" means a member duly appointed as an agent by the Board of Trustees of the New Jersey Society for the Prevention of Cruelty to Animals, who, upon recommendation of the Chief Law Enforcement Officer of the New Jersey Society for the Prevention of Cruelty to Animals, and upon completion of an appropriate course of training, other than a firearms training course, approved by the Police Training Commission, is empowered to make arrests and enforce all laws and ordinances enacted for the protection of animals, and to investigate alleged acts of cruelty to animals;

    "Enforcement officer" means an agent authorized by the Board of Trustees of the New Jersey Society for the Prevention of Cruelty to Animals to possess, carry, or use a firearm while enforcing any law or ordinance for the protection of animals, and who has satisfactorily completed the firearms training course and other qualifications required pursuant to section 4 of P.L. , c. (C. ) (now before the Legislature as this bill); and

    "Member" means a person who has been granted membership in the New Jersey Society for the Prevention of Cruelty to Animals pursuant to section 5 of P.L. , c. (C. ) (now before the Legislature as this bill) or a district (county) society pursuant to section 9 of P.L. , c. (C. ) (now before the Legislature as this bill).

    2. (New section) a. The New Jersey Society for the Prevention of Cruelty to Animals is continued as a parent corporation for the purposes of coordinating the functions of local branches or district (county) societies for the prevention of cruelty to animals, promoting the interests of, protecting and caring for, and doing any and all things to benefit or that tend to benefit animals. The corporation shall be governed by a board of trustees who shall be elected by a majority of the members of the New Jersey Society for the Prevention of Cruelty to Animals present at the annual meeting.

    b. The board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals shall prepare an annual report concerning the law enforcement activity of the organization, and shall make the report available to members of the public.

    c. (1) No individual who has been convicted of a crime may be a trustee, officer, or enforcement officer or agent of, or hold any other position of authority within, the New Jersey Society for the Prevention of Cruelty to Animals.

    (2) No individual who is an alcoholic or who has been a drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2) or who has been confined for a mental disorder, unless such individual produces a certificate from a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof, that he is no longer suffering from that disability in such a manner that would interfere with or handicap him in the performance of his duties, may be a trustee, officer, or enforcement officer or agent of, or hold any other position of authority within, the New Jersey Society for the Prevention of Cruelty to Animals.

    (3) No individual who is an owner, partner, principle, employee, or has any other interest in any animal shelter, excluding shelters owned and operated by the New Jersey Society for the Prevention of Cruelty to Animals or any governmental agency, pet store, boarding facility, or any commercially operated animal transportation, animal auction, animal breeding, or exhibiting service, may qualify to become an agent, officer or enforcement officer or trustee in the New Jersey Society for the Prevention of Cruelty to Animals unless that person is an agent, officer or enforcement officer or trustee of the New Jersey Society for the Prevention of Cruelty to Animals and is an owner, partner, principle, employee, or has any other interest in any animal shelter, excluding shelters owned and operated by the New Jersey Society for the Prevention of Cruelty to Animals or any governmental agency, pet store, boarding facility, or any commercially operated animal transportation, animal auction, animal breeding or exhibiting service as of the effective date of this act.

 

    3. (New section) Within 120 days of the effective date of P.L. , c. (C. ) (now before the Legislature as this bill), the board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals shall meet to establish bylaws and uniform standards and guidelines that are consistent with the provisions of Title 15A of the New Jersey Statutes as shall be necessary for the governance and operation of the New Jersey Society for the Prevention of Cruelty to Animals and the district (county) societies for the prevention of cruelty to animals.

 

    4. (New section) The board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals may:

    a. Elect its own officers;

    b. Establish any bylaws or regulations as may be deemed necessary for governance and operation of the New Jersey Society for the Prevention of Cruelty to Animals and the district (county) societies for the prevention of cruelty to animals;

     c. Enforce all laws and ordinances enacted for the protection of animals within the State;

    d. Promote the interests of, and protect and care for, animals within the State;

    e. Grant district (county) society charters for the formation of district (county) societies;

    f. Revoke, cancel, or suspend for cause a district (county) society charter, including the charter of any district (county) society continued pursuant to subsection a. of section 6 of P.L. , c. (C. ) (now before the Legislature as this bill);

    g. Approve the bylaws of district (county) societies and all changes thereto concerning law enforcement activity within 180 days of the effective date of this act;

    h. Establish procedures for the submittal of monthly treasurer's reports, monthly minutes, and yearly audits to the New Jersey Society for the Prevention of Cruelty to Animals by the district (county) societies;

    i. Appoint or designate enforcement officers and agents for enforcing all laws and ordinances enacted for the protection of animals and for the investigation of alleged acts of cruelty to animals within the State.

    (1) Twelve enforcement officers for the New Jersey Society for the Prevention of Cruelty to Animals and no more than one enforcement officer for each district (county) society, at the discretion of the board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals, may be authorized to possess, carry, or use a firearm while enforcing the laws and ordinances enacted for the protection of animals.

    (2) An enforcement officer shall not be authorized to possess, carry, or use a firearm while enforcing the laws and ordinances enacted for the protection of animals unless the enforcement officer shall have satisfactorily completed a firearms training course established by the New Jersey Society for the Prevention of Cruelty to Animals, as well as a firearms training course as defined in subsection j. of N.J.S.2C:39-6 and approved by the Police Training Commission.

    (3) In addition to any training required by the New Jersey Society for the Prevention of Cruelty to Animals, enforcement officers and agents shall, at the time of, or prior to, their appointment, complete an appropriate course of training which is commensurate with their duties and which is approved by the Police Training Commission.

    (4) A person convicted of a crime shall not be eligible to become an enforcement officer or agent.

    (5) A person shall not be appointed an enforcement officer or agent until the New Jersey Society for the Prevention of Cruelty to Animals shall have determined that no New Jersey criminal history record information exists for that person on file at the Bureau of

Identification in the Division of State Police, Department of Law and Public Safety.

    (6) The New Jersey Society for the Prevention of Cruelty to Animals is authorized to exchange fingerprint data and receive criminal history record information from the Bureau of Identification, Division of State Police, Department of Law and Public Safety, for use in considering a person for appointment as an enforcement officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals.

    (7) The cost for criminal history record checks shall be borne by the New Jersey Society for the Prevention of Cruelty to Animals.

    (8) A person shall not be appointed an enforcement officer of the New Jersey Society for the Prevention of Cruelty to Animals until that person: (a) provides satisfactory evidence to the New Jersey Society for the Prevention of Cruelty to Animals that the person is the holder of a valid firearms purchaser identification card, or had previously been issued a permit to purchase a handgun pursuant to N.J.S.C:58-3, or had previously been issued or is presently the holder of a permit to carry a handgun issued pursuant to N.J.S.2C:58-4; and (b) that person certifies in writing to the New Jersey Society for the Prevention of Cruelty to Animals that the person is not subject to any of the disabilities set forth in subsection c. of N.J.S.2C:58-3. For the purposes of this subsection, "firearm" shall not mean a device utilized to tranquilize or destroy an animal with a drug or other similar substance, when utilized by a properly trained and authorized person;

    j. Establish additional qualifications and training to be required of enforcement officers and agents authorized pursuant to law and subsection i. of this section to enforce laws and ordinances enacted for the protection of animals, and to coordinate the activities of these enforcement personnel by establishing guidelines and rules of conduct;

    k. Coordinate and administer the activities of enforcement officers and agents authorized pursuant to law and subsection i. of this section to enforce laws and ordinances enacted for the protection of animals. All enforcement officers and agents appointed pursuant to subsection i. of this section shall report to, and be under the authority of, the Chief Law Enforcement Officer of the New Jersey Society for the Prevention of Cruelty to Animals;

    l. Make, alter, and use a common seal;

    m. Adopt a common badge, which shall be authority for making arrests;

    n. Sue and be sued in all courts, and all actions brought by or against the New Jersey Society for the Prevention of Cruelty to Animals shall be in its corporate name;

    o. Purchase and hold any real estate as may be expedient for the advancement of the purposes of the New Jersey Society for the Prevention of Cruelty to Animals, and take by devise or gift all real estate or personal property that is devised or given to it, or to a district (county) society in a county where a chartered district (county) society does not exist, without regard to value. The title to any real estate shall be taken in the corporate name of the society;

    p. Establish a formula for remitting all or part of the fines collected through enforcement activities of the district (county) societies to the New Jersey Society for the Prevention of Cruelty to Animals;

    q. Establish criteria for qualifying for membership in the New Jersey Society for the Prevention of Cruelty to Animals;

    r. Hold in escrow any assets, after payment of any outstanding debts, of a district (county) society that dissolves or has its charter revoked or suspended for any reason until a new district (county) society for that county is formed and chartered or the suspended charter for the district (county) is restored, at which time the board of trustees shall transfer those assets to the newly formed and chartered district (county) society or the district (county) society whose charter was suspended and restored, as the case may be, pursuant to the district (county) society's budget. If no new district (county) society is formed and chartered within one year of the receipt of the assets, or the suspended charter is not restored within one year of the revocation or suspension, as the case may be, then the assets shall become the property of the New Jersey Society for the Prevention of Cruelty to Animals; and

    s. Establish a formula for the assessment, collection, and disposition of dues from the members of the New Jersey Society for the Prevention of Cruelty to Animals.

 

    5. (New section) The membership of the New Jersey Society for the Prevention of Cruelty to Animals shall be governed as follows:

    a. Membership in the New Jersey Society for the Prevention of Cruelty to Animals shall be open to all who apply for it, except that persons may be denied membership or a member may be expelled for cause;

    b. Cause for denial of membership or expulsion from membership shall include action, or the lack of action, that is in conflict with, or detrimental to, the objectives of the New Jersey Society for the Prevention of Cruelty of Animals or a district (county) society including any action that resulted in the conviction for cruelty to animals;

    c. Any person applying for membership shall be denied membership only by a two-thirds or greater vote of the full board of trustees;

    d. Any member may be expelled from membership only by a two-thirds or greater vote of the full board of trustees;

    e. The reason or reasons for the denial of membership or expulsion from membership shall be set forth in writing and delivered within seven days of the vote to the person denied membership or expelled from membership; and

    f. The board of trustees may establish reasonable annual dues for membership.

 

    6. (New section) a. Every district (county) society for the prevention of cruelty to animals that has been in existence prior to the effective date of P.L. , c. (C. ) (now before the Legislature as this bill) shall be continued as a chartered district (county) society.

    b. A charter for a district (county) society granted by the board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals, and the charter of every district (county) society continued pursuant to subsection a. of this section shall include, within 90 days of the establishment of uniform standards and guidelines by the New Jersey Society for the Prevention of Cruelty to Animals pursuant to section 3 and section 4 of P.L. , c. (C. ) (now before the Legislature as this bill), provisions that: (1) require the district (county) society to observe standards and guidelines established by the New Jersey Society for the Prevention of Cruelty to Animals relating to procedures for the submittal of monthly treasurer's reports, monthly minutes, and yearly audits, appointment of officers, enforcement training for enforcement officers and agents, enforcement standards, guidelines and procedures, and the assessment, collection, and disposition of dues under the formula developed pursuant to subsection s. of section 4 of P.L. , c. (C. ) (now before the Legislature as this bill); and (2) require the adoption of a name for the district (county) society that includes the words "Society for the Prevention of Cruelty to Animals."

    c. Failure of a district (county) society to revise its charter pursuant to subsection b. of this section and to conform to uniform standards and guidelines established by the New Jersey Society for the Prevention of Cruelty to Animals shall constitute cause for revocation, cancellation, or suspension of the charter by the New Jersey Society for the Prevention of Cruelty to Animals.

     d. Every district (county) society for the Prevention of Cruelty to Animals shall submit a law enforcement report to the board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals quarterly on a form provided by the New Jersey Society for the Prevention of Cruelty to Animals.

 

    7. (New section) A district (county) society for the prevention of cruelty to animals continued or established in accordance with section 6 of P.L. , c. (C. ) (now before the Legislature as this bill) shall:

    a. Establish bylaws or regulations necessary for governance and operation of the district (county) society concerning law enforcement activity in accordance with the requirements established by the New Jersey Society for the Prevention of Cruelty to Animals pursuant to subsection b. of section 4 of P.L. , c. (C. ) (now before the Legislature as this bill);

    b. Adopt the formula established by the New Jersey Society for the Prevention of Cruelty to Animals pursuant to subsection s. of section 4 of P.L. , c. (C. ) (now before the Legislature as this bill) for the assessment, collection, and disposition of dues from the members of the New Jersey Society for the Prevention of Cruelty to Animals who reside in the county in which the district (county) society is located; and

    c. Adopt the formula established by the New Jersey Society for the Prevention of Cruelty to Animals pursuant to subsection p. of section 4 of P.L. , c. (C. ) (now before the Legislature as this bill) for remittance of the fines collected by the district (county) society;

 

    8. (New section) A district (county) society for the prevention of cruelty to animals may:

    a. Elect its own board of trustees;

    b. Enforce all laws and ordinances enacted for the protection of animals within the county;

    c. Promote the interests of, and protect and care for, animals within the county;

    d. Recommend persons, subject to the approval of the board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals, who may be appointed as an enforcement officer or agent for the purpose of enforcing all laws and ordinances enacted for the protection of animals within the county in the manner provided in subsections i., j., and k. of section 4 of P.L. , c. (C. ) (now before the Legislature as this bill), and any other uniform standards and guidelines established by the New Jersey Society for the Prevention of Cruelty to Animals;

    e. Investigate alleged acts of cruelty to animals within the county and, when necessary, request legal assistance from the office of the appropriate county or municipal prosecutor, which the county or municipal prosecutor, as the case may be, shall make every reasonable effort to provide;

    f. Adopt the seal adopted by the New Jersey Society for the Prevention of Cruelty to Animals;

    g. Adopt a common badge, which shall be authority for making arrests and which may be similar but not identical to the badge of the New Jersey Society for the Prevention of Cruelty to Animals;

    h. Sue and be sued in all courts, and all actions brought by or against the district (county) society shall be in its corporate name; and

    i. Purchase and hold any real estate as may be expedient for the advancement of the purposes of the district (county) society, and take by devise or gift all real estate or personal property that is devised or given to it, without regard to value. The title to any real estate shall be taken in the corporate name of the district (county) society.

 

    9. (New section) The membership of a district (county) society shall be governed as follows:

    a. Membership in a district (county) society shall be open to all who apply for it, except that persons may be denied membership or a member may be expelled for cause;

    b. Cause for denial of membership or expulsion from membership shall include action, or the lack of action, that is in conflict with, or detrimental to, the objectives of the New Jersey Society for the Prevention of Cruelty of Animals or a district (county) society including any action that resulted in the conviction for cruelty to animals;

    c. Any person applying for membership shall be denied membership only by a two-thirds or greater vote of the full board of trustees;

    d. Any member may be expelled from membership only by a two-thirds or greater vote of the full board of trustees;

    e. The reason or reasons for the denial of membership or expulsion from membership shall be set forth in writing and delivered within seven days of the vote to the person denied membership or expelled from membership; and

    f. The board of trustees may establish reasonable annual dues for membership.

 

    10. (New section) a. The board of trustees of a district (county) society for the prevention of cruelty to animals shall be elected by the members of the district (county) society. The election results shall be subject to the review and approval of the board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals to insure compliance with all duly accepted procedures and standards.

    b. No individual who has been convicted of a crime may be a trustee, officer, or enforcement officer or agent of, or hold any other position of authority within, a district (county) society.

    c. Each district (county) society shall establish a training program consistent with standards, guidelines, and procedures established for enforcement officers and agents by the New Jersey Society for the Prevention of Cruelty to Animals.

    d. The board of trustees of a district (county) society shall appoint officers who shall be responsible for direction of the daily operation of the district (county) society.

 

    11. (New section) The Division of State Police, or the police force of any county or municipality, shall, upon request, aid the New Jersey Society for the Prevention of Cruelty to Animals or any district (county) society for the prevention of cruelty to animals, or their enforcement officers or agents, in the enforcement of all laws and ordinances enacted for the protection of animals.

 

  12. N.J.S.2C:39-6 is amended to read as follows:

    2C:39-6. a. Provided a person complies with the requirements of subsection j. of this section, N.J.S.2C:39-5 does not apply to:

    (1) Members of the Armed Forces of the United States or of the National Guard while actually on duty, or while traveling between places of duty and carrying authorized weapons in the manner prescribed by the appropriate military authorities;

    (2) Federal law enforcement officers, and any other federal officers and employees required to carry firearms in the performance of their official duties;

    (3) Members of the State Police and, under conditions prescribed by the superintendent, members of the Marine Law Enforcement Bureau of the Division of State Police;

    (4) A sheriff, undersheriff, sheriff's officer, county prosecutor, assistant prosecutor, prosecutor's detective or investigator, deputy attorney general or State investigator employed by the Division of Criminal Justice of the Department of Law and Public Safety, investigator employed by the State Commission of Investigation, inspector of the Alcoholic Beverage Control Enforcement Bureau of the Division of State Police in the Department of Law and Public Safety authorized to carry such weapons by the Superintendent of State Police, State park ranger, or State conservation officer;

    (5) A prison or jail warden of any penal institution in this State or his deputies, or an employee of the Department of Corrections engaged in the interstate transportation of convicted offenders, while in the performance of his duties, and when required to possess the weapon by his superior officer, or a correction officer or keeper of a penal institution in this State at all times while in the State of New Jersey, provided he annually passes an examination approved by the superintendent testing his proficiency in the handling of firearms;

    (6) A civilian employee of the United States Government under the supervision of the commanding officer of any post, camp, station, base or other military or naval installation located in this State who is required, in the performance of his official duties, to carry firearms, and who is authorized to carry such firearms by said commanding officer, while in the actual performance of his official duties;

    (7) (a) A regularly employed member, including a detective, of the police department of any county or municipality, or of any State, interstate, municipal or county park police force or boulevard police force, at all times while in the State of New Jersey;

    (b) A special law enforcement officer authorized to carry a weapon as provided in subsection b. of section 7 of P.L.1985, c.439 (C.40A:14-146.14);

    (c) An airport security officer or a special law enforcement officer appointed by the governing body of any county or municipality, except as provided in subsection b. of this section, or by the commission, board or other body having control of a county park or airport or boulevard police force, while engaged in the actual performance of his official duties and when specifically authorized by the governing body to carry weapons;

     (8) A full-time, paid member of a paid or part-paid fire department or force of any municipality who is assigned full-time or part-time to an arson investigation unit created pursuant to section 1 of P.L.1981, c.409 (C.40A:14-7.1) or to the county arson investigation unit in the county prosecutor's office, while either engaged in the actual performance of arson investigation duties or while actually on call to perform arson investigation duties and when specifically authorized by the governing body or the county prosecutor, as the case may be, to carry weapons. Prior to being permitted to carry a firearm, such a member shall take and successfully complete a firearms training course administered by the Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall annually qualify in the use of a revolver or similar weapon prior to being permitted to carry a firearm;

    (9) A juvenile corrections officer in the employment of the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) subject to the regulations promulgated by the commission.

    b.    Subsections a., b. and c. of N.J.S.2C:39-5 do not apply to:

    (1) A law enforcement officer employed by a governmental agency outside of the State of New Jersey while actually engaged in his official duties, provided, however, that he has first notified the superintendent or the chief law enforcement officer of the municipality or the prosecutor of the county in which he is engaged; or

    (2) A licensed dealer in firearms and his registered employees during the course of their normal business while traveling to and from their place of business and other places for the purpose of demonstration, exhibition or delivery in connection with a sale, provided, however, that the weapon is carried in the manner specified in subsection g. of this section.

    c.    Provided a person complies with the requirements of subsection j. of this section, subsections b. and c. of N.J.S.2C:39-5 do not apply to:

    (1) A special agent of the Division of Taxation who has passed an examination in an approved police training program testing proficiency in the handling of any firearm which he may be required to carry, while in the actual performance of his official duties and while going to or from his place of duty, or any other police officer, while in the actual performance of his official duties;

    (2) A State deputy conservation officer or a full-time employee of the Division of Parks and Forestry having the power of arrest and authorized to carry weapons, while in the actual performance of his official duties;

    (3) (Deleted by amendment, P.L.1986, c.150.)

    (4) A court attendant serving as such under appointment by the sheriff of the county or by the judge of any municipal court or other court of this State, while in the actual performance of his official duties;

    (5) A guard in the employ of any railway express company, banking or building and loan or savings and loan institution of this State, while in the actual performance of his official duties;

    (6) A member of a legally recognized military organization while actually under orders or while going to or from the prescribed place of meeting and carrying the weapons prescribed for drill, exercise or parade;

     (7) An enforcement officer of the New Jersey Society for the Prevention of Cruelty to Animals or a district (county) society for the prevention of cruelty to animals, while in the actual performance of his duties;

    (8) An employee of a public utilities corporation actually engaged in the transportation of explosives;

    (9) A railway policeman, except a transit police officer of the New Jersey Transit Police Department, at all times while in the State of New Jersey, provided that he has passed an approved police academy training program consisting of at least 280 hours. The training program shall include, but need not be limited to, the handling of firearms, community relations, and juvenile relations;

    (10) A campus police officer appointed under P.L.1970, c.211 (C.18A:6-4.2 et seq.) at all times. Prior to being permitted to carry a firearm, a campus police officer shall take and successfully complete a firearms training course administered by the Police Training Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall annually qualify in the use of a revolver or similar weapon prior to being permitted to carry a firearm;

    (11) A person who has not been convicted of a crime under the laws of this State or under the laws of another state or the United States, and who is employed as a full-time security guard for a nuclear power plant under the license of the Nuclear Regulatory Commission, while in the actual performance of his official duties;

    (12) A transit police officer of the New Jersey Transit Police Department, at all times while in the State of New Jersey, provided the officer has satisfied the training requirements of the Police Training Commission, pursuant to subsection c. of section 2 of P.L.1989, c.291 (C.27:25-15.1);

    (13) A parole officer employed by the Bureau of Parole in the Department of Corrections at all times. Prior to being permitted to carry a firearm, a parole officer shall take and successfully complete a basic course for regular police officer training administered by the Police Training Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall annually qualify in the use of a revolver or similar weapon prior to being permitted to carry a firearm;

    (14) A Human Services police officer at all times while in the State of New Jersey, as authorized by the Commissioner of Human Services; or

    (15) A person or employee of any person who, pursuant to and as required by a contract with a governmental entity, supervises or transports persons charged with or convicted of an offense.

    d. (1) Subsections c. and d. of N.J.S.2C:39-5 do not apply to antique firearms, provided that such antique firearms are unloaded or are being fired for the purposes of exhibition or demonstration at an authorized target range or in such other manner as has been approved in writing by the chief law enforcement officer of the municipality in which the exhibition or demonstration is held, or if not held on property under the control of a particular municipality, the superintendent.

    (2) Subsection a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to an antique cannon that is capable of being fired but that is unloaded and immobile, provided that the antique cannon is possessed by (a) a scholastic institution, a museum, a municipality, a county or the State, or (b) a person who obtained a firearms purchaser identification card as specified in N.J.S.2C:58-3.

     (3) Subsection a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to an unloaded antique cannon that is being transported by one eligible to possess it, in compliance with regulations the superintendent may promulgate, between its permanent location and place of purchase or repair.

    (4) Subsection a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to antique cannons that are being loaded or fired by one eligible to possess an antique cannon, for purposes of exhibition or demonstration at an authorized target range or in the manner as has been approved in writing by the chief law enforcement officer of the municipality in which the exhibition or demonstration is held, or if not held on property under the control of a particular municipality, the superintendent, provided that performer has given at least 30 days' notice to the superintendent.

    (5) Subsection a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to the transportation of unloaded antique cannons directly to or from exhibitions or demonstrations authorized under paragraph (4) of subsection d. of this section, provided that the transportation is in compliance with safety regulations the superintendent may promulgate. Nor do those subsections apply to transportation directly to or from exhibitions or demonstrations authorized under the law of another jurisdiction, provided that the superintendent has been given 30 days' notice and that the transportation is in compliance with safety regulations the superintendent may promulgate.

    e.    Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

    f.    Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent:

    (1) A member of any rifle or pistol club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice, in going to or from a place of target practice, carrying such firearms as are necessary for said target practice, provided that the club has filed a copy of its charter with the superintendent and annually submits a list of its members to the superintendent and provided further that the firearms are carried in the manner specified in subsection g. of this section;

    (2) A person carrying a firearm or knife in the woods or fields or upon the waters of this State for the purpose of hunting, target practice or fishing, provided that the firearm or knife is legal and appropriate for hunting or fishing purposes in this State and he has in his possession a valid hunting license, or, with respect to fresh water fishing, a valid fishing license;

    (3) A person transporting any firearm or knife while traveling:

    (a) Directly to or from any place for the purpose of hunting or fishing, provided the person has in his possession a valid hunting or fishing license; or

     (b) Directly to or from any target range, or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions, provided in all cases that during the course of the travel all firearms are carried in the manner specified in subsection g. of this section and the person has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder; or

    (c) In the case of a firearm, directly to or from any exhibition or display of firearms which is sponsored by any law enforcement agency, any rifle or pistol club, or any firearms collectors club, for the purpose of displaying the firearms to the public or to the members of the organization or club, provided, however, that not less than 30 days prior to the exhibition or display, notice of the exhibition or display shall be given to the Superintendent of the State Police by the sponsoring organization or club, and the sponsor has complied with such reasonable safety regulations as the superintendent may promulgate. Any firearms transported pursuant to this section shall be transported in the manner specified in subsection g. of this section;

    (4) A person from keeping or carrying about a private or commercial aircraft or any boat, or from transporting to or from such vessel for the purpose of installation or repair a visual distress signalling device approved by the United States Coast Guard.

    g.    All weapons being transported under paragraph (2) of subsection b., subsection e., or paragraph (1) or (3) of subsection f. of this section shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel shall include only such deviations as are reasonably necessary under the circumstances.

    h.    Nothing in subsection d. of N.J.S.2C:39-5 shall be construed to prevent any employee of a public utility, as defined in R.S.48:2-13, doing business in this State or any United States Postal Service employee, while in the actual performance of duties which specifically require regular and frequent visits to private premises, from possessing, carrying or using any device which projects, releases or emits any substance specified as being noninjurious to canines or other animals by the Commissioner of Health and which immobilizes only on a temporary basis and produces only temporary physical discomfort through being vaporized or otherwise dispensed in the air for the sole purpose of repelling canine or other animal attacks.

    The device shall be used solely to repel only those canine or other animal attacks when the canines or other animals are not restrained in a fashion sufficient to allow the employee to properly perform his duties.

    Any device used pursuant to this act shall be selected from a list of products, which consist of active and inert ingredients, permitted by the Commissioner of Health.

    i.     Nothing in N.J.S.2C:39-5 shall be construed to prevent any person who is 18 years of age or older and who has not been convicted of a felony, from possession for the purpose of personal self-defense of one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, but rather, is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air. Any person in possession of any device in violation of this subsection shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $100.00.

     j.     A person shall qualify for an exemption from the provisions of N.J.S.2C:39-5, as specified under subsections a. and c. of this section, if the person has satisfactorily completed a firearms training course approved by the Police Training Commission.

    Such exempt person shall not possess or carry a firearm until the person has satisfactorily completed a firearms training course and shall annually qualify in the use of a revolver or similar weapon. For purposes of this subsection, a "firearms training course" means a course of instruction in the safe use, maintenance and storage of firearms which is approved by the Police Training Commission. The commission shall approve a firearms training course if the requirements of the course are substantially equivalent to the requirements for firearms training provided by police training courses which are certified under section 6 of P.L.1961, c.56 (C.52:17B-71). A person who is specified in paragraph (1), (2), (3) or (6) of subsection a. of this section shall be exempt from the requirements of this subsection.

    k.    Nothing in subsection d. of N.J.S.2C:39-5 shall be construed to prevent any financial institution, or any duly authorized personnel of the institution, from possessing, carrying or using for the protection of money or property, any device which projects, releases or emits tear gas or other substances intended to produce temporary physical discomfort or temporary identification.

(cf: P.L.1995, c.280, s.21)

 

    13. R.S.4:22-12 is amended to read as follows:

    4:22-12. A person not [a member] an agent or enforcement officer of [a duly organized or incorporated society for the prevention of cruelty to animals] the New Jersey Society for the Prevention of Cruelty to Animals, who shall use the badge adopted by [such] that society, or a district (county) society for the prevention of cruelty to animals, which badge is made authority for making arrests, shall be guilty of a petty disorderly persons offense.

(cf: P.L.1995, c.355, s.1)

 

    14. R.S.4:22-13 is amended to read as follows:

    4:22-13. a. A [corporation constituted or organized for the purpose of the enforcement of laws enacted for the protection of dumb animals, or for the purpose of promoting the welfare of dumb animals, whether incorporated by special act of the legislature or under general laws, may at any time, in the manner provided in section 4:22-14 of this title,]district (county) society for the prevention of cruelty to animals may, with the approval of the New Jersey Society for the Prevention of Cruelty to Animals, amend its charter or certificate of incorporation as originally enacted or filed or as amended so that [such corporation] the district (county) society , in addition to its other powers and purposes, shall have the following powers and purposes: [To] to promote the interests of , and to protect and care for [dumb] , animals; to maintain and operate one or more rest farms, kennels, pounds, shelters, or hospitals , or any or all of them, for animals in the custody of the society by reason of impoundment, seizure or relinquishment by the owner[,]; and to do any and all things which would benefit or tend to benefit [dumb] animals.

    b. A corporation constituted or organized for the purpose of the protection of animals, or for the purpose of promoting the welfare of animals, whether incorporated by special act of the Legislature, or under general laws, may at any time, in the manner provided in P.L. ,c. (now before the Legislature as this bill) amend its charter or certificate of incorporation as originally enacted or filed or as amended, so that the corporation, in addition to other powers and purposes, shall have the following powers and purposes:

    (1) to promote the interests of, and to protect and care for, animals;

    (2) to maintain and operate one or more farms, kennels, pounds, shelters, or hospitals, or any or all of them, for animals; and

    (3) to do any and all things which would benefit, or tend to benefit animals.

(cf: R.S.4:22-13)

 

  15. R.S.4:22-16 is amended to read as follows:

    4:22-16. Nothing contained in this article shall be construed to prohibit or interfere with:

    a.    Properly conducted scientific experiments performed under the authority of the Department of Health or the United States Department of Agriculture. Those departments may authorize the conduct of such experiments or investigations by agricultural stations and schools maintained by the State or federal government, or by medical societies, universities, colleges and institutions incorporated or authorized to do business in this State and having among their corporate purposes investigation into the causes, nature, prevention and cure of diseases in men and animals; and may for cause revoke such authority;

    b. The proper and humane killing or disposing of an animal or creature by virtue of the order of a constituted authority of the State;

    c.    (1) The shooting or taking of game or game fish in such manner and at such times as is allowed or provided by the laws of this State;

    (2) The regulation, study, or control of any game animal or fish by the Division of Fish, Game and Wildlife in the Department of Environmental Protection in accordance with the laws of this State or any rule or regulation adopted pursuant thereto;

    d.    The training or engaging of a dog to accomplish a task or participate in an activity or exhibition designed to develop the physical or mental characteristics of that dog. These activities shall be carried out in accordance with the practices, guidelines or rules established by an organization founded for the purpose of promoting and enhancing working dog activities or exhibitions; in a manner which does not adversely affect the health or safety of the dog; and may include avalanche warning, guide work, obedience work, carting, dispatching, freight racing, packing, sled dog racing, sledding, tracking, and weight pull demonstrations;

    e.    The raising, keeping, care, treatment, marketing, and sale of domestic livestock in accordance with the standards developed and adopted therefor pursuant to subsection a. of section 1 of P.L.1995, c.311 (C.4:22-16.1) [.];

    f. Any veterinary hospital or facility owned or operated by a licensee of the State Board of Veterinary Medical Examiners;

    g. The killing or disposing of a Norway or brown rat (Rattus norvegicus), black rat (Rattus rattus), or house mouse (Mus musculus), or any other animal deemed by the Department of Health, in consultation with the New Jersey Society for the Prevention of Cruelty to Animals, to pose a significant threat to the public health and identified as such in rules and regulations which shall be adopted by the Department of Health pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) within 180 days of the effective date of P.L. , c. (C. ) (now before the Legislature as this bill), by any person, or with the permission or at the direction of that person, while the animal is on property either owned or leased by, or otherwise under the control of, that person, provided that the animal is not a pet.

(cf: P.L.1995, c.311,s.2)

 

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

    4:22-17. A person who shall:

    a.    Overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary sustenance, unnecessarily or cruelly beat or otherwise abuse, or needlessly mutilate or kill, a living animal or creature;

    b.    Cause or procure any of such acts to be done; [or]

    c.    Inflict unnecessary cruelty upon a living animal or creature of which he has charge either as owner or otherwise, or unnecessarily fail to provide it with proper food, drink, shelter, veterinary care, or protection from the weather, or leave it unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature; or

    d. Commit, or cause to be committed, any act of sexual penetration or any other sexual activity with an animal--

    Shall be guilty of a crime of the fourth degree in the case of a violation of subsection a. or subsection b. of this section, a disorderly persons offense in the case of a violation of subsection c. of this section, or a crime of the third degree in the case of a violation of subsection d. of this section.

(cf: P.L.1995, c.355, s.2)

 

    17. R.S.4:22-18 is amended to read as follows:

    4:22-18. a. A person who shall carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhumane manner, shall be guilty of a disorderly persons offense.

    b. A person who shall carry, or cause to be carried, a living animal or creature in or upon an open, unsheltered portion of a vehicle, including, but not limited to, the open bed of a truck or similar vehicle, in which the animal or creature is not properly secured or protected from the elements or not otherwise properly contained, shall be guilty of a disorderly persons offense.

(cf: P.L.1995, c.355, s.3)

 

    18. R.S.4:22-19 is amended to read as follows:

    4:22-19. A person who shall :

    a. Impound or confine, or cause to be impounded or confined, in a pound or other place, a living animal or creature, and shall fail to supply it during such confinement with a sufficient quantity of good and wholesome food and water , proper shelter, proper protection from the weather, and veterinary care when necessary ; or

    b. Destroy or cause to be destroyed any such animal by hypoxia induced by decompression or in any other manner, by the administration of a lethal gas other than an inhalant anesthetic, or in any other manner except by a method of euthanasia generally accepted by the veterinary medical profession as being reliable, appropriate to the type of animal upon which it is to be employed, and capable of producing loss of consciousness and death as rapidly and painlessly as possible for such animal , shall, in the case of either a violation of subsection a. or subsection b. of this section , be guilty of a disorderly persons offense[; or, in the case of a violation of subsection b.], and shall, in the case of a violation of subsection b. of this section be subject to a civil penalty of[$25.00 for the first offense and $50.00 for each subsequent offense] not less than $50 nor more than $1,000 for each offense. Each animal impounded, confined, or destroyed in violation of [subsection b.]this section shall constitute a separate offense. The penalty shall be collected in accordance with "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) and all [money] monies collected shall be remitted to the [State] entity bringing or prosecuting the action. The Superior Court and the municipal court shall have jurisdiction to enforce "the penalty enforcement law."

    This section shall apply to kennels, pet shops, shelters and pounds as defined and licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); to pounds and places of confinement owned and operated by municipalities, counties or regional governmental authorities; and to every [contractual warden] certified animal control officer or impounding service, any provision to the contrary in this title notwithstanding.

(cf: P.L.1982, c.158, s.2)

 

    19. R.S.4:22-20 is amended to read as follows:

    4:22-20. a. A person who shall abandon a maimed, sick, infirm or disabled animal or creature to die in a public place, shall be guilty of a disorderly persons offense.

    b. A person who shall abandon a domesticated animal or creature shall be guilty of a disorderly persons offense. [The violator shall be subject to] A person found guilty of a disorderly persons offense pursuant to this subsection shall, in addition to any other penalty or term of imprisonment that may be prescribed by law therefor, be assessed the maximum $1,000 [penalty] fine that may be prescribed by law for a disorderly persons offense.

     c. A person who shall devoice or remove, or cause to be devoiced or removed, the vocal cords of any animal, unless medically necessary as determined by a licensed practitioner of veterinary medicine shall be guilty of a crime of the third degree.

(cf: P.L.1991, c.108, s.1)

 

    1[20. R.S.4:22-21 is amended to read as follows:

    4:22-21. A person who shall receive or offer for sale a horse which by reason of disability, disease or lameness, or for any other cause, could not be worked without violating the provisions of this article or any law of this [state] State relating to cruelty to animals shall be guilty of a [misdemeanor and punished by a fine of not less than ten dollars nor more than six months, or both] disorderly persons offense.

(cf: R.S.4:22-21)]1

 

    1[21. R.S.4:22-22 is amended to read as follows:

    4:22-22. A person who shall:

    a. Willfully sell, or offer to sell, use, expose or cause or permit to be sold or offered for sale, used or exposed, any horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the health or life of human beings or animals; or

    b. When any such disease is beyond recovery, refuse upon demand to deprive any such animal of life--

    Shall be guilty of a [misdemeanor] crime of the fourth degree.

(cf: R.S.4:22-22)]1

 

    1[22.] 20.1 R.S.4:22-23 is amended to read as follows:

4:22-23. A person who shall:

    a. Use a live pigeon, fowl or other bird for the purpose of a target, or to be shot at either for amusement or as a test of skill in marksmanship;

    b. Shoot at a bird used as aforesaid or is a party to such shooting; or

    c. Lease a building, room, field or premises, or knowingly permit the use thereof for the purpose of such shooting--

    Shall be guilty of a disorderly persons offense, and shall, in addition to any penalty assessed therefor, be fined $25 for each bird shot at or killed in violation of this section. This section shall not apply to the shooting of game in compliance with law and with rules and regulations adopted by the Department of Environmental Protection.

(cf: P.L.1995, c.355, s.6)

 

    1[23.] 21.1 Section 1 of P.L.1939, c.315 (C.4:22-25.1) is amended to read as follows:

    1. [Each] Any person operating a motor vehicle who shall knowingly hit, run over, or cause injury to a [cat, dog, horse or cattle] living animal or creature other than an insect, reptile, rodent or non-domesticated bird shall stop at once, ascertain the extent of injury, report to the nearest police station, police officer, or notify the nearest district (county) society for the prevention of cruelty to animals or the New Jersey Society for the Prevention of Cruelty to Animals , and give his name, address, operator's license , and registration number, and also give the location of the injured animal or creature .

(cf: P.L.1968, c.39, s.1)


    1[24.] 22.1 Section 2 of P.L.1939, c.315 (C.4:22-25.2) is amended to read as follows:

    2. Any person who shall violate any of the provisions of [this act] section 1 of P.L.1939, c.315 (C.4:22-25.1) shall be [fined not less than five dollars ($5.00) and not more than twenty-five dollars ($25.00) for the first offense and not less than twenty-five dollars ($25.00) and not more than fifty dollars ($50.00) and 10 days in jail for the second offense] guilty of a disorderly persons offense.

(cf: P.L.1953, c.5, s.62)

 

    1[25.] 23.1 R.S.4:22-26 is amended to read as follows:

    4:22-26. A person who shall:

    a. Overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary sustenance, or cruelly beat or otherwise abuse or needlessly mutilate or kill a living animal or creature;

    b. Cause or procure to be done by his agent, servant, employee or otherwise an act enumerated in subsection["a."]a. of this section;

    c. Inflict unnecessary cruelty upon a living animal or creature of which he has charge or custody either as owner or otherwise, or unnecessarily fail to provide it with proper food, drink, shelter [or] , veterinary care, or protection from the weather , or leave it unattended in a vehicle under inhumane conditions adverse to the health or welfare of the animal or creature ;

    d. Receive or offer for sale a horse which by reason of disability, disease or lameness, or any other cause, could not be worked without violating the provisions of this article;

    e. Keep, use, be connected with or interested in the management of, or receive money or other consideration for the admission of a person to, a place kept or used for the purpose of fighting or baiting a living animal or creature;

    f. Be present and witness, pay admission to, encourage, aid or assist in an activity enumerated in subsection["e."]e. of this section;

    g. Permit or suffer a place owned or controlled by him to be used as provided in subsection ["e."]e. of this section;

    h. Carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or [inhuman] inhumane manner;

    i. Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for business purposes;

    j. Impound or confine , or cause to be impounded or confined , in a pound or other place , a living animal or creature, and shall fail to supply it during such confinement with a sufficient quantity of good and wholesome food and water , proper shelter, proper protection from the weather, and veterinary care when necessary ;

    k. Abandon a maimed, sick, infirm or disabled animal or creature to die in a public place;

    l. Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, a horse or other animal having the disease known as glanders or farcy, or other contagious infectious disease dangerous to the health or life of human beings or animals, or who shall, when any such disease is beyond recovery, refuse, upon demand, to deprive the animal of life;

    m. Own, operate, manage or conduct a roadside stand or market for the sale of merchandise along a public street or highway; or a shopping mall, or a part of the premises thereof; and keep a living animal or creature confined, or allowed to roam in an area whether or not the area is enclosed, on these premises as an exhibit; except that this subsection shall not be applicable to: a pet shop licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); a person who keeps an animal, in a humane manner, for the purpose of the protection of the premises; or a recognized breeder's association, a 4-H club, an educational agricultural program, an equestrian team, a humane society or other similar charitable or nonprofit organization conducting an exhibition, show or performance;

    n. Keep or exhibit a wild or exotic animal at a roadside stand or market located along a public street or highway of this State; a gasoline station; or a shopping mall, or a part of the premises thereof;

    o. Sell, offer for sale, barter or give away or display live baby chicks, ducklings or other fowl or rabbits, turtles or chameleons which have been dyed or artificially colored or otherwise treated so as to impart to them an artificial color;

    p. Use any animal, reptile, or fowl for the purpose of soliciting any alms, collections, contributions, subscriptions, donations, or payment of money except in connection with exhibitions, shows or performances conducted in a bona fide manner by recognized breeders' associations, 4-H clubs or other similar bona fide organizations involved directly with the care or welfare of animals ;

    q. Sell or offer for sale, barter, or give away living rabbits, turtles, baby chicks, ducklings or other fowl under two months of age, for use as household or domestic pets;

    r. Sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl, or rabbits, turtles or chameleons under two months of age for any purpose not prohibited by subsection q. of this section and who shall fail to provide proper facilities for the care of such animals;

    s. Artificially mark sheep or cattle, or cause them to be marked, by cropping or cutting off both ears, cropping or cutting either ear more than one inch from the tip end thereof, or half cropping or cutting both ears or either ear more than one inch from the tip end thereof, or who shall have or keep in his possession sheep or cattle, which he claims to own, marked contrary to this subsection unless they were bought in market or of a stranger;

    t. Abandon a [dog or cat] domesticated animal or creature;

    u. For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature;

    v. Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or creature for the purpose of fighting or baiting that animal or creature; [or]

    w. Gamble on the outcome of a fight involving a living animal or creature;

    x. Commit, or cause to be committed, any act of sexual penetration or any other sexual activity with an animal;

    y. Carry, or cause to be carried, a living animal or creature in or upon an open, unsheltered portion of a vehicle, including, but not limited to, the open bed of a truck or similar vehicle, which animal or creature is not properly secured or protected from the elements or not otherwise properly contained; or

    z. Devoice or remove, or cause to be devoiced or removed, the vocal cords of any animal, unless medically necessary as determined by a licensed practitioner of veterinary medicine --

    Shall [forfeit and pay a sum not to exceed $250.00] be liable to a penalty of not less than $50 nor more than $1,000, except in the case of a violation of subsection["t."]t. of this section a mandatory [sum] penalty of $500, and $1,000 if the violation occurs on or near a roadway, to be sued for and recovered, with costs, in a civil action by any person in the name of the New Jersey Society for the Prevention of Cruelty to Animals or any district (county) society for the prevention of cruelty to animals, to be sued for and recovered, with costs in a civil action by any person in the name of the New Jersey Society for the Prevention of Cruelty to Animals or any district (county) society for the prevention of cruelty to animals.

(cf: P.L.1991, c.108, s.2)

 

    1[26.] 24.1 R.S.4:22-29 is amended to read as follows:

    4:22-29. The action for the penalty prescribed in R.S.4:22-26 [or R.S.4:22-27,]shall be brought:

    a. In the Superior Court; or

    b. In a municipal court of the municipality wherein the defendant resides or where the offense was committed.

(cf: P.L.1991, c.91, s.176)

 

    1[27.] 25.1 R.S.4:22-43 is amended to read as follows:

    4:22-43. Any [member,]enforcement officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals or any district (county) society for the prevention of cruelty to animals may exercise and perform powers and duties [like those exercised and performed by agents of the society who have been] as if specially deputized by a sheriff.

(cf: R.S.4:22-43)

 

    1[28.] 26.1 R.S.4:22-44 is amended to read as follows:

    4:22-44. Any [member,]enforcement officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals or any district (county) society for the prevention of cruelty to animals, or any sheriff, undersheriff, [constable] 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,]an enforcement officer, agent, sheriff, undersheriff, [constable] or police officer, and take [such] that person before the nearest judge or magistrate as provided in this article.

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

 

    1[29.] 27.1 R.S.4:22-45 is amended to read as follows:

    4:22-45. Where an arrest is made by a [constable] sheriff, undersheriff, or police officer under the provisions of this article in a [locality] county where the New Jersey [society] Society for the Prevention of Cruelty to Animals , or a district (county) society[,]for the prevention of cruelty to animals , exists , [he] the sheriff, undersheriff, or police officer shall give notice to the [state or] district (county) society and the New Jersey Society for the Prevention of Cruelty to Animals at once, whereupon [such state or] the district (county) society or the New Jersey Society for the Prevention of Cruelty to Animals shall take charge of the case and prosecute it under the provisions of this article.

    No judge or magistrate shall hear any such case until proof is made of the service of such notice on the [state] New Jersey Society for the Prevention of Cruelty to Animals or district (county) society, as appropriate.

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

 

    1[30.] 28.1 R.S.4:22-47 is amended to read as follows:

    4:22-47. A sheriff, undersheriff, [constable,]police officer, or enforcement officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals or of any district (county) 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)

 

    1[31.] 29.1 R.S.4:22-51 is amended to read as follows:

    4:22-51. When a living animal or creature is impounded or confined [as provided in section 4:22-19 of this title] in a manner proscribed by subsection a. of R.S.4:22-19 in a kennel, pet shop, shelter, or pound as defined and licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); a pound or place of confinement owned and operated by a municipality, county or regional governmental authority; or a pound or place of confinement operated by a certified animal control officer or impounding service , and [shall continue] continues to be without necessary food and water for more than [twelve] 12 successive hours, any person may, from time to time as often as is necessary, enter into or upon the kennel, pet shop, shelter, pound, or other facility in which the animal or creature is impounded or confined and supply it with necessary food and water and veterinary care so long as it shall remain impounded or confined. Such person shall not be liable to an action, either civil or criminal, for such entry.

    The actual cost of the food, water , veterinary care, and bedding, together with [twenty per cent] 20 percent additional, may be collected by such person from the owner of the animal or creature in an action at law, together with costs, and the animal or creature shall not be exempt from levy and sale upon an execution issued upon a judgment therefor.

(cf: R.S.4:22-51)

 

    1[32.] 30.1 R.S.4:22-53 is amended to read as follows:

    4:22-53. An animal or creature abandoned in a maimed, sick, infirm or disabled condition, if fit for further use, may be advertised and sold in the manner directed by a court of competent jurisdiction or an enforcement officer or agent of the district (county) society for the prevention of cruelty to animals, if one is in existence in the county, or an enforcement officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals if no district (county) society is in existence in the county.

    The proceeds, after deducting expenses, shall be paid to the district (county) society [for the prevention of cruelty to animals], if one is in existence in the county; if not, then to the New Jersey [society] Society for the Prevention of Cruelty to Animals.

(cf: P.L.1953, c.5, s.84)

 

    1[33.] 31.1 R.S.4:22-54 is amended to read as follows:

    4:22-54. When an animal or creature is found on the highway or elsewhere, whether abandoned or not, in a maimed, sick, infirm or disabled condition, a court of competent jurisdiction [or], the sheriff of the county, or an enforcement officer or agent of the district (county) society for the prevention of cruelty to animals, if one is in existence in the county, or an enforcement officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals if no district (county) society for the prevention of cruelty to animals is in existence in the county, may appoint a suitable person to examine and destroy such animal or creature if unfit for further use.

(cf: P.L.1953, c.5, s.85)

 

    1[34.] 32.1 R.S.4:22-55 is amended to read as follows:

    4:22-55. 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,] if it prosecuted the complaint, to be distributed pursuant to subsection p. of section 4 of P.L. , c. (C. ) (now before the Legislature as this bill) and subsection d. of section 7 of P.L. , c. (C. ) (now before the Legislature as this bill), and if not prosecuted by a district (county) society, 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] to be distributed pursuant to subsection p. of section 4 and subsection d. of section 7 of P.L. , c. (C. ) (now before the Legislature as this bill).

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

 

    1[35.] 33.1 (New section) Any animal owned or possessed by a person who violates any animal welfare or animal cruelty provision of chapter 22 of Title 4 of the Revised Statutes may, at the discretion of the court, be confiscated and placed in the possession of the district (county) society for the prevention of cruelty to animals for the county within which the violation occurred, or in the possession of the New Jersey Society for the Prevention of Cruelty to Animals, for such disposition as the court deems appropriate. The New Jersey Society for the Prevention of Cruelty to Animals or the district (county) society may provide such shelter, care, and treatment therefor, including veterinary care and treatment, that is reasonably necessary, the costs of which shall be borne by the owner of the confiscated animal. Upon a second conviction, the court may prohibit that person from owning, possessing, having custody, or having control of any animal.

 

    1[36. (New section) a. Within six months of the date of enactment of P.L. , c. (C. ) (now before the Legislature as this bill), the State Board of Agriculture and the Department of Agriculture, in consultation with the New Jersey Agricultural Experiment Station, shall develop and adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.): (1) standards for the humane raising, keeping, care, treatment, marketing, and sale of domestic livestock; and (2) rules and regulations governing the enforcement of those standards.

     b. Notwithstanding any provision in this title to the contrary:

    (1) there shall exist a presumption that the raising, keeping, care, treatment, marketing, and sale of domestic livestock in accordance with the standards developed and adopted therefor pursuant to subsection a. of this section shall not constitute a violation of any provision of this title involving alleged cruelty to, or inhumane care or treatment of, domestic livestock;

    (2) no person may be cited or arrested for a first offense involving a minor or incidental violation, as defined by rules and regulations adopted pursuant to subsection a. of this section, of any provision of this title involving alleged cruelty to, or inhumane care or treatment of, domestic livestock, unless that person has first been issued a written warning.

    c. For the purposes of this act, "domestic livestock" means cattle, horses, donkeys, swine, sheep, goats, rabbits, poultry, fowl, and any other domesticated animal deemed by the State Board of Agriculture and the Department of Agriculture, in consultation with the New Jersey Agricultural Experiment Station, to be domestic livestock for such purposes, according to rules and regulations adopted by the department and the board pursuant to the "Administrative Procedure Act."]1

 

    1[37.] 34.1 R.S.4:22-1 through R.S.4:22-11, inclusive, and R.S.4:22-14 are repealed.

 

    1[38. (New section) There is appropriated from the General Fund to the Department of Agriculture the sum of $50,000 to further the purposes and activities of the Division of Animal Health in the department with respect to domestic livestock, providing training for personnel enforcing section 36 of P.L. , c. (C. ) (now before the Legislature as this bill), and employing necessary personnel to administer section 36 of P.L. , c. (C. ) (now before the Legislature as this bill).]1

 

    1[39.] 35.1 This act shall take effect immediately.


 

Reorganizes New Jersey Society for the Prevention of Cruelty to Animals; revises certain laws concerning cruelty to animals.