[Njagdu] Assembly bill 2426

[Richard Fox]

Hello all,

We did not have a quorum to do business at our NJAGDU conference board
meeting of Thursday, October 5.

Those who were on the call had an interesting discussion concerning some new
legislation that has been passed during the most recent NJ legislative
session. 

One of the bills Regulates tethering and confinement of, and proper shelter
for, dogs. Ginger was under the impression that it might require changes in
the way many of us use tie-downs. 

I have a different impression after reading the bill, and will provide the
plane-language summary and link to the actual bill below. 

The way I read it, the bill does prohibit the use of a choke collar when
confining a dog, but exempts anybody who is in the presence of their dog. It
doesn't mention service animals or blind people anywhere in the bill I read.
Perhaps there is amended or updated version I am not finding. Anyway, read
on if you are interested. The summary is below, followed by the link to the
full text and summary.

Rick fox  

STATEMENT

     This bill establishes specific requirements for tethering (section 2 of
the bill) or confining a dog (section 5 of the bill), prohibits tethering of
a dog under certain circumstances, an, and requires the owner or other
person with custody or control over the dog to provide the dog with proper
shelter and continuous access to it when the dog is left outdoors for more
than 30 minutes under adverse weather conditions.  The standards and
requirements for proper shelter are enumerated in section 6 of the bill. The
bill defines adverse weather conditions as:

     1) when the outdoor ambient temperature is 32 degrees Fahrenheit or
below, or there are other outdoor environmental conditions, including, but
not limited to, wind, rain, snow, ice, sleet, hail, or cold, that a person
should reasonably know would pose an adverse risk to the health or safety of
a dog, based on the dog's size, age, physical condition, or thickness of the
dog's hair or fur; or

     2) when the outdoor ambient temperature is 90 degrees Fahrenheit or
above, or a dog is exposed to direct sunlight, hot pavement, or heat, that a
person should reasonably know would pose an adverse risk to the health or
safety of a dog, based on the dog's size, age, physical condition, or
thickness of the dog's hair or fur.

     In addition to the specific tethering requirements, the bill also
specifically prohibits:

     1) whether indoors or outdoors, the dog being tethered with a halter or
harness that fits on the dog's head or body, or with a tether or collar to
which a weight is attached;

     2) outdoors between the hours of 11 p.m. and 6 a.m.; or

     3) under adverse weather conditions for more than 30 minutes without
continuous access to proper shelter.

     The bill also specifies its prohibitions do not apply if the owner of
the dog or the person with custody or control of a dog is outdoors on the
property where the dog is located.

     The bill establishes procedures for issuing summonses and seizing dogs
that are not properly tethered or provided for during adverse weather
conditions.  The bill establishes, in addition to penalties that may apply
pursuant to the State criminal statutes, the following penalties, at the
discretion of the court:

     1)   for a first offense, a fine of $100, or imprisonment for not more
than 30 days, or both; 

     2)   for a second offense, a fine of $200, or imprisonment for not more
than 30 days, or both; and

     3) for a third or subsequent offense, a fine of not less than $250 nor
more than $500, imprisonment for not more than three months, or both, and
the person would also be guilty of a disorderly persons offense.

     Finally, the bill establishes a civil penalty for improperly tethering
a dog or failing to provide proper shelter for a dog as a civil offense
under the State animal cruelty statutes.  The violator would be liable for a
fine of not less than $250 nor more than $500.

http://www.njleg.state.nj.us/2016/Bills/A2500/2426_I1.HTM

 

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