S527

SENATE, No. 527

STATE OF NEW JERSEY

INTRODUCED JANUARY 29, 1996

By Senator BASSANO

An Act concerning the prevention of cruelty to animals, amending and supplementing various parts of the statutory law and repealing R.S.4:22-1 through R.S.4:22-6 and R.S.4:22-8 through R.S.4:22-11.

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

1. (New section) The New Jersey Society for the Prevention of Cruelty to Animals is continued as a corporation for the purposes of coordinating the functions of the district (county) societies for the prevention of cruelty to animals, and promoting the interests of, and protecting and caring for, dumb animals. To ensure a maximum of public awareness and support, the New Jersey Society shall operate as follows:

a. The New Jersey Society for the Prevention of Cruelty to Animals shall be governed by a board of directors consisting of one member from each district (county) society for the prevention of cruelty to animals elected by its members, and 12 members elected by the members of the New Jersey Society for the Prevention of Cruelty to Animals. All directors shall have equal voting privileges. Each member elected by the members of the New Jersey Society for the Prevention of Cruelty to Animals shall serve for a term of three years, provided that of the first members elected, four shall serve for a term of three years, four shall serve for a term of two years and four shall serve for a term of one year. Thereafter, all directors elected by the members of the New Jersey Society for the Protection of Cruelty to Animals shall serve for terms of three years.

b. The directors elected from the membership of the New Jersey Society for the Prevention of Cruelty to Animals shall be elected by written ballot mailed in a timely manner to those members.

c. All meetings of the board of directors shall be open to the members of the New Jersey Society for the Prevention of Cruelty to Animals, any member of a district (county) society for the prevention of cruelty to animals, and the public. Adequate notice shall be given to every district (county) society for the prevention of cruelty to animals of a meeting of the board. At each meeting of the board of directors, each director elected by the members of a district (county) society shall present a report to the board outlining the activities of their district (county) society.

d. A majority of the directors shall constitute a quorum for the transaction of business.

2. (New section) The board of directors of the New Jersey Society for the Prevention of Cruelty to Animals shall:

a. Elect its own officers;

b. Appoint or designate enforcement officers and agents for enforcing all laws and ordinances enacted for the protection of dumb animals. No person may be appointed or designated as an enforcement officer or agent unless the person has filed with the Superintendent of State Police a written application on forms prescribed by the Superintendent, which application shall be signed by the applicant under oath and shall be endorsed by three reputable persons who have known the applicant for at least three years preceding the date of application, and who shall have certified thereon that the applicant is a person of good moral character and behavior. An enforcement officer shall have successfully completed a training course for enforcement officers developed by the New Jersey Society for the Prevention of Cruelty to Animals and approved by the Police Training Commission. An enforcement officer or agent shall not be authorized to possess, carry, or utilize a firearm while enforcing the laws and ordinances enacted for the protection of dumb animals unless the enforcement officer or agent has satisfactorily completed a firearms training course as defined in subsection j. of N.J.S.2C:39-6 and approved by the Police Training Commission, and has satisfactorily completed a training course approved by the Police Training Commission. All enforcement officers shall complete the training developed pursuant to section 3 of P.L.1983, c.525 (C.4:19-15.16a). No person who has been convicted of a crime, who has been found to have violated a law prohibiting acts of cruelty against animals, or who has a history of mental illness shall be eligible to become an enforcement officer or agent. Enforcement officers and agents shall be considered to be peace officers, but only for the purpose of enforcing laws and ordinances enacted for the protection of dumb animals. For the purposes of this subsection, "firearm" shall not mean a device utilized to tranquilize or destroy a dumb animal with a drug or other similar substance, when utilized by a properly trained and authorized person;

c. Enforce all laws or ordinances enacted for the protection of dumb animals;

d. Establish such by-laws or regulations as may be deemed necessary for the government of the New Jersey Society for the Protection of Cruelty to Animals;

e. Make, alter and use a common seal;

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

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

h. Purchase and hold such real estate as may be expedient for the advancement of the purposes of the New Jersey Society for the Protection of Cruelty to Animals, 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 such real estate shall be taken in the corporate name of the society;

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

j. Coordinate and administer the activities of enforcement officers and agents authorized pursuant to law and subsection b. of this section to enforce laws and ordinances enacted for the protection of dumb animals;

k. Investigate alleged acts of cruelty to dumb animals at the request of a district (county) society, and for those counties where no district (county) society exists;

l. Promote the interests of, and protect and care for, dumb animals;

m. Approve all changes of a district (county) society's bylaws, except that if the board fails to act on a proposed change in the bylaws within 90 days of the submission of the proposed changes, the change shall be deemed to have been approved by the board;

n. Establish fiscal procedures, standards, guidelines, and responsibilities for district (county) societies;

o. Prepare and submit to the Attorney General a quarterly report summarizing the activities of the New Jersey Society for the Prevention of Cruelty to Animals for the prior three calendar months, which report shall include a financial accounting of its own activities and those of its district (county) societies, a summary of all enforcement actions taken, and a list of the names and addresses of all enforcement officers and agents;

p. Submit recommendations to the Governor and the Legislature, as deemed necessary, for the remedy or removal of any legal impediments or restrictions to the expeditious enforcement of all laws and ordinances enacted for the protection of dumb animals;

q. Govern the membership of the New Jersey Society for the Prevention of Cruelty to Animals as follows:

(1) The board of directors may establish reasonable annual dues for membership;

(2) 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;

(3) 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 a conviction for cruelty to animals;

(4) Any person applying for membership shall be denied membership only by a two-thirds or greater vote of the full board of directors;

(5) Any member may be expelled from membership only by a two-thirds or greater vote of the full board of directors;

(6) 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;

r. Hold in escrow for a period of five years 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) society is restored, at which time the board of directors 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. At the end of five years if a district (county) society has not been formed and chartered, the assets shall transfer to the state society;

s. Develop comprehensive programs to prevent cruelty to animals which shall include but not be limited to the education of the general public and school children in animal matters, in cooperation with New Jersey State departments carrying out related projects;

t. Grant a district (county) charter if no district (county) society for the prevention of cruelty to animals exists in the county;

u. Revoke or suspend, for cause, after a public hearing, a district (county) society charter.

3. (New section) a. Every district (county) society for the prevention of cruelty to animals that is in existence on the effective date of this amendatory and supplementary act shall be continued as a chartered district (county) society.

b. If a county does not have a district (county) society, any humane organization may petition the board of directors of the New Jersey Society for the Prevention of Cruelty to Animals, and upon approval by a majority of the full board of directors thereof, shall be granted a charter as the district (county) society for the prevention of cruelty to animals for that county. The charter of any district (county) society, including a district (county) society continued pursuant to subsection a. of this section may be revoked or suspended, for cause, after a public hearing, by a majority of the full board of directors of the New Jersey Society for the Prevention of Cruelty to Animals.

For the purposes of this subsection, a "humane organization" means a nonprofit organization or group of individuals that has as its stated purpose the welfare, benefit, and protection of dumb animals.

c. A charter for a district (county) society granted by the board of directors 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 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 fiscal procedures and responsibilities and to enforcement training for enforcement personnel; and (2) direct the transfer of any assets of a district (county) society, after payment of any outstanding debts, to the New Jersey Society for the Prevention of Cruelty to Animals for disposition pursuant to subsection r. of section 2 of this amendatory and supplementary act, if the district (county) society dissolves or has its charter revoked or suspended for any reason.

4. (New section) A district (county) society for the prevention of cruelty to animals continued or established in accordance with section 3 of this amendatory and supplementary act is empowered to:

a. Govern the district (county) society as follows:

(1) The district (county) society shall be governed by a board of directors consisting of no less than nine persons;

(2) Persons eligible to vote in the election of the directors shall be all of the members of the district (county) society in good standing;

(3) Each district (county) society shall certify in a timely manner, a list of all eligible voters, open to public inspection at the county prosecutor's office, prior to the election of directors;

(4) All meetings of the board shall be open to all members of the district (county) society. Adequate notice shall be given to all members of a meeting of the board of directors;

b. Govern its membership as follows:

(1) The board of directors may establish reasonable annual dues for membership;

(2) 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;

(4) Any person applying for membership shall be denied membership only by a two-thirds or greater vote of the full board of directors;

(5) Any member may be expelled from membership only by a two-thirds or greater vote of the full board of directors;

c. Elect its own officers from the membership of that district (county) society;

d. Establish such bylaws or regulations as may be deemed necessary for government of the district (county) society;

e. Enforce all laws and ordinances enacted for the protection of dumb animals;

f. Promote the interests of, and protect and care for, dumb animals;

g. Maintain and operate one or more rest farms, kennels, pounds, and shelters, or any combination thereof, for dumb animals, but such rest farms, kennels, pounds, and shelters, shall be subject to inspection at least annually by the New Jersey Society for the Prevention of Cruelty to Animals;

h. Appoint or designate enforcement officers and agents for enforcing all laws and ordinances enacted for the protection of dumb animals in accordance with the requirements of subsections b., i., and j. of section 2 of this amendatory and supplementary act;

i. Investigate alleged acts of cruelty to dumb animals;

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

k. Adopt a common badge, which shall be authority for making arrests and which may be similar or identical to the badge of the New Jersey Society for the Prevention of Cruelty to Animals;

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

m. Purchase and hold such 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 such real estate shall be taken in the corporate name of the district (county) society.

5. (New section) a. Each district (county) society for the prevention of cruelty to animals shall have the same rights, powers and privileges as are vested pursuant to law in the New Jersey Society for the Prevention of Cruelty to Animals.

b. Each district (county) society shall elect one director and one alternate to serve in the absence of the director, to the board of directors of the New Jersey Society for the Prevention of Cruelty to Animals, to serve a term of one year. The district (county) society director and the alternate shall be elected by a majority vote of the members of the district (county) society present at the annual meeting of the district (county) society.

c. Any individual who has been convicted of a crime, who has been found to have violated a law prohibiting acts of cruelty against animals, or who has a history of mental illness may not be a director, officer or enforcement officer or agent, or hold any position of authority, within a district (county) society.

6. (New section) A certified animal control officer 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 and ordinances;

b. Investigate and sign complaints concerning any violation of an animal control, animal welfare or animal cruelty law or ordinance; 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, arrest and conviction of offenders against the animal control, animal welfare and animal cruelty laws and ordinances.

Upon a request for assistance by a municipality or other entity that does not employ, or contract for, the 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.

7. (New section) The Attorney General shall establish a formula for distribution in proportion to the level of participation in enforcement, the fines, penalties or monies collected through enforcement activities of the New Jersey Society for the Prevention of Cruelty to Animals, the appropriate district (county) society for the prevention of cruelty to animals, or any municipality.

8. (New Section) 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 members, officers or agents, in the enforcement of all laws enacted for the protection of dumb animals.

9. (New Section) The New Jersey Society for the Prevention of Cruelty to Animals, or any district (county) society for the prevention of cruelty to animals, may request legal assistance from the office of the Attorney General, or the office of the appropriate state, county or municipal prosecutor, which the state, county or municipal prosecutor, or the Attorney General as the case may be, shall make every reasonable effort to provide.

10. (New section) a. The Attorney General shall designate a representative from the office of the Attorney General to advise the board of directors of the New Jersey Society for the Prevention of Cruelty to Animals on law enforcement matters and other society business.

b. The county prosecutor in each county in which a district (county) society for the prevention of cruelty to animals exists shall designate a representative from that office to act as a liaison to the district (county) society for the prevention of cruelty to animals.

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

4:22-12. A person not [a member of a duly organized or incorporated] an enforcement officer or agent of a district (county) society for the prevention of cruelty to animals or the New Jersey Society for the Prevention of Cruelty to Animals, who shall use the badge adopted by such society, which badge is made authority for making arrests, shall be guilty of a [misdemeanor, and for every such offense, be fined not less than fifty nor more than one hundred dollars] petty disorderly persons offense.

(cf: R.S.4:22-12)

12. 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 specially deputized by a sheriff.

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

13. 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, authorized animal control officer, 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,] officer, agent, sheriff, undersheriff, constable [or] , police officer or authorized animal control officer, and take such person before the nearest judge or magistrate as provided in this article.

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

14. 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 completed the training program required pursuant to section 3 of P.L.1983, c.525 (C.4:19-15.16a), 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)

15. 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] the 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 to the municipality in which the violation occurred.

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, and

(2) the training required for certified animal control officers pursuant to section 3 of P.L. 1983, c.525 (C.4:19-15.16a).

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

16. 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 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] 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 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, 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.

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

17. 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 , including, but not limited to, a course of study approved by the commissioner and the Police Training Commission, 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 6 of P.L. , c. (C. ) (now before the Legislature as this bill), including but not limited to those methods and techniques that relate to search, seizure and arrest.

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 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 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.

c. The commissioner shall provide for the revocation of a certification of an animal control officer if the animal control officer is found to have violated any law prohibiting acts of cruelty against animals.

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

18. 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 (C.4:19-15.1 et al.), 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). A certified animal control officer who has completed the training required pursuant to section 3 of P.L.1983, c.525 (C.4:19-15.16a) shall have the authority to investigate and sign complaints, arrest violators and otherwise act as an officer for detection, apprehension and conviction of offenders pursuant to the provisions of section 6 of P.L. , c. (C. )(now before the Legislature as this bill).

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

19. R.S.4:22-1 through R.S.4:22-6 and R.S.4:22-8 through R.S.4:22-11 are repealed.

20. This act shall take effect 90 days after enactment.

STATEMENT

This bill would restructure the New Jersey Society for the Prevention of Cruelty to Animals (NJSPCA) and the district (county) societies for the prevention of cruelty to animals. The bill would revise the powers and duties of the NJSPCA and the district (county) societies and would authorize municipal animal control officers, who receive training, to enforce the laws concerning the prevention of animal cruelty.

New Jersey municipalities employ over 400 animal control officers throughout the State. The bill would therefore provide increased accessibility to a trained cruelty officer employed by a government unit.

The bill would direct that the NJSPCA be governed by a board of directors elected by the members of the NJSPCA and the members of the district (county) societies. The NJSPCA board of directors would have extensive powers to promote the interest of, and protect and care for, animals and to regulate the district (county) societies.

NJSPCA and district (county) society enforcement officers and agents would be required to complete training established by the New Jersey Police Training Commission.

Revises structure of NJSPCA and extends authority of animal control officers.