[Njagdu] Assembly bill 2426
Ginger Kutsch
Ginger at ky2d.com
Sat Oct 7 13:17:59 UTC 2017
Hi Rick,
The bill had several amendments – not sure which version you found but
here’s the final version (SB 1640). I pasted the text of the bill below. The
part about the choke collars is in Section III, subsection B 6 – it states:
b. A person cruelly restrains a dog if the person tethers a dog:
(6) by means of a choke collar, prong collar, head harness, or any other
type of collar, harness, or similar device other than a properly fitted body
harness or buckle-type collar;
There is no exemption for #6.
Lupine Pet makes some pretty cool buckle collars called Lupine Originals.
Sizes include ¾” or 1” width in a solid color or with a pattern. Neck size
adjusts as follows:
Medium: 13” – 22”
Large: 15” – 25”
Best,
Ginger
---SENATE COMMITTEE SUBSTITUTE FOR
SENATE, Nos. 1640, 1642, and 1013
STATE OF NEW JERSEY
217th LEGISLATURE
ADOPTED DECEMBER 12, 2016
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
Senator JAMES W. HOLZAPFEL
District 10 (Ocean)
Senator ROBERT W. SINGER
District 30 (Monmouth and Ocean)
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
Assemblyman BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman GREGORY P. MCGUCKIN
District 10 (Ocean)
Assemblyman R. BRUCE LAND
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman DAVID W. WOLFE
District 10 (Ocean)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman ADAM J. TALIAFERRO
District 3 (Cumberland, Gloucester and Salem)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Senators Addiego, Bateman, Kyrillos, A.R.Bucco, Greenstein, Lesniak, Allen,
Beach, Assemblymen Johnson, DeAngelo, Singleton, Eustace and Rooney
SYNOPSIS
Establishes requirements concerning necessary care of dogs, domestic
companion animals, and service animals, and for tethering of dogs.
CURRENT VERSION OF TEXT
As amended by the General Assembly on June 8, 2017.
An Act concerning the necessary care and tethering of certain animals, and
supplementing Title 4 of the Revised Statutes, and amending P.L.1941, c.151.
Be It Enacted by the Senate and General Assembly of the State of New
Jersey:
1. (New section) As used in this act:
“Adverse environmental conditions” means (1) when the ambient
temperature is 32 degrees Fahrenheit or below in the immediate vicinity of a
dog, domestic companion animal, or service animal, or there are other cold
weather or precipitation-related environmental conditions, including, but
not limited to, wind, rain, snow, ice, sleet, or hail that a person should
reasonably know would pose an adverse risk to the health or safety of a dog,
domestic companion animal, or service animal, based on the animal’s size,
age, physical condition, or thickness of the animal’s hair or fur; or (2)
when the ambient temperature is 90 degrees Fahrenheit or above in the
immediate vicinity of a dog, domestic companion animal, or service animal,
or a dog, domestic companion animal, or service animal is exposed to direct
sunlight or hot pavement or any other hot surfaces that a person should
reasonably know would pose an adverse risk to the health or safety of the
animal, based on the animal’s size, age, physical condition, or thickness of
the animal’s hair or fur.
“Animal rescue organization” means an animal rescue organization as
defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).
“Animal rescue organization facility” means an animal rescue
organization facility as defined in section 1 of P.L.1941, c.151
(C.4:19-15.1).
“Domestic companion animal” means any animal commonly referred to as a
pet that was bought, bred, raised, or otherwise acquired, in accordance with
local ordinances and State and federal law, for the primary purpose of
providing companionship to the owner, rather than for business or
agricultural purposes. 3“Domestic companion animal” shall not include
“domestic livestock” as defined in subsection c. of section 1 of P.L.1995,
c.311 (C.4:22-16.1).
“Kennel” means a kennel as defined in section 1 of P.L.1941, c.151
(C.4:19-15.1) and licensed pursuant to section 8 of P.L.1941, c.151
(C.4:19-15.8).
“Pet shop” means a pet shop as defined in section 1 of P.L.1941, c.151
(C.4:19-15.1) and licensed pursuant to section 8 of P.L.1941, c.151
(C.4:19-15.8).
“Pound” means a pound as defined in section 1 of P.L.1941, c.151
(C.4:19-15.1) and licensed pursuant to section 8 of P.L.1941, c.151
(C.4:19-15.8).
“Proper shelter” means a structure or other type of protection that
conforms to the standards and requirements set forth in section 5 of this
act, but shall not mean a shelter as defined elsewhere in this section.
"Service animal" means a service animal or a guide dog as defined in
subsection e. of section 1 of P.L.2013, c.205 (C.2C:29-3.2), or an animal
used for any therapeutic purpose.
“Shelter” means a shelter as defined in section 1 of P.L.1941, c.151
(C.4:19-15.1) and licensed pursuant to section 8 of P.L.1941, c.151
(C.4:19-15.8).
“Tether” means to fasten a dog with a cable, chain, rope, or other
similar object to a stationary object, including, but not limited to, a
doghouse, tree, stake, pole, fence, or wall, or to a device that is mobile
including, but not limited to, a trolley or pulley, in order to restrict the
dog’s movement. “Tether” also means the cable, chain, rope, or other similar
object used to fasten a dog, as applicable.
“Unattended” means that the dog, domestic companion animal, or service
animal is outdoors and a person is not also outdoors with the animal, or
that the dog, domestic companion animal, or service animal is indoors and a
person is not also indoors with the animal.
2. (New section) a. Except as provided in subsections b. and c. of
this section, it is unlawful to expose any dog, domestic companion animal,
or service animal to adverse environmental conditions for more than 30
minutes, unless the animal has continuous access to proper shelter, as set
forth in section 5 of this act.
b. When State or local officials issue an order of evacuation due to
weather or other emergency conditions, an owner or other person with custody
or control of a dog, domestic companion animal, or service animal shall make
every effort to evacuate with the animal, and shall not leave the animal
indoors or outdoors while unattended and tethered. If evacuation with the
owner or other person with custody or control of the dog, domestic companion
animal, or service animal is not an option, the owner or other person with
custody or control of the animal shall make every effort to:
(1) deliver the animal to a safe haven not impacted by the emergency,
which may include, but is not limited to, a licensed kennel, shelter, or
pound, temporary animal shelter established for the purposes of the
emergency, the residence of a friend, relative, or other caregiver, or other
suitable facility capable of ensuring the animal’s safety; or
(2) secure the animal in an indoor area that is clear of hazards and
is as protective of the dog, domestic companion animal, or service animal as
possible under the circumstances, and alert local emergency responders to
the animal’s location.
c. The requirements of subsection a. of this section shall not
apply to a dog, domestic companion animal, or service animal if any person,
including the animal’s owner or person with custody or control of the
animal:
(1) is in the presence of the animal and exposed to the same adverse
environmental conditions as the animal at all times that the animal is
exposed to these adverse environmental conditions; and
(2) can see the animal at all times while the animal is exposed to the
adverse environmental conditions, unless the person is blind or visually
impaired so that the person cannot see the animal due to the blindness or
visual impairment, in which case the person shall remain immediately
adjacent to the animal at all times while the animal and the person are
exposed to the adverse environmental conditions.
As used in this subsection, “blind” means a person whose vision in the
person’s better eye with proper correction does not exceed 20/200 or who has
a field defect in the person’s better eye with proper correction which
contracts the peripheral field so that the diameter of the visual field
subtends an angle no greater than 20 degrees; and “visually impaired" means
having a condition in which a person has a corrected visual acuity not
exceeding 20/70, but not less than 20/200, in the person's better eye, or in
which the peripheral field of the person's vision has contracted so that the
diameter of the visual field subtends an angle no greater than 40 degrees
but no less than 20 degrees.
d. The requirements of subsections a. and b. of this section shall
not apply to any cat living outside with no apparent owner, commonly
referred to as, or considered to be, a feral cat.
e. (1) The owner of a dog, domestic companion animal, or service
animal shall be liable for a violation of subsection a. of this section that
occurs on any property belonging to the owner or on which the owner resides
at the time of the violation, regardless of whether the owner is present
when the violation occurs.
(2) The person with custody or control of a dog, domestic companion
animal, or service animal who is not the owner of the animal shall be liable
for a violation of subsection a. of this section that occurs on any property
belonging to the person with custody or control of the animal or on which
the person with custody or control of the animal resides at the time of the
violation, regardless of whether the person is present when the violation
occurs.
3. (New section)
a. It is unlawful for any person to cruelly restrain a dog.
b. A person cruelly restrains a dog if the person tethers a dog:
(1) which is a nursing female, or which is less than four months old;
(2) outdoors between the hours of 11 p.m. and 5 a.m., but this
paragraph shall not take effect until 18 months after the date on which this
act takes effect;
(3) in an unoccupied building or upon vacant property;
(4) in a manner that does not permit the dog continuous access to water
in a sanitary and liquid state whenever the dog is tethered for more than 30
minutes;
(5) in a manner that exposes the dog to adverse environmental
conditions for more than 30 minutes;
(6) by means of a choke collar, prong collar, head harness, or any
other type of collar, harness, or similar device other than a properly
fitted body harness or buckle-type collar;
(7) by using a chain with metal links that are more than one-quarter of
an inch thick, or a tether, collar, or harness to which a weight is
attached;
(8) with a tether on which more than one dog is restrained;
(9) with a tether that is less than 15 feet in length or which does not
permit the dog to walk at least 15 feet in any one direction; or
(10) with a tether that permits the dog to reach another dog or an
object or location that poses a risk of entanglement, strangulation,
drowning, or other harm to the health or safety of the dog, including, but
not limited to, another dog’s tether or a window sill, fence, wall, porch,
terrace railing, vehicle, tree, pole, pool, or public road or highway.
c. Paragraphs (2), (9), and (10) of subsection b. of this section
shall not apply if any person, including the dog’s owner or the person with
custody or control of the dog:
(1) is in the presence of the dog at all times while the dog is
tethered, whether indoors or outdoors; and
(2) can see the dog at all times while the dog is tethered, unless the
person is blind or visually impaired so that the person cannot see the dog
due to the blindness or visual impairment, in which case the person shall
remain immediately adjacent to the dog at all times while the dog is
tethered.
As used in this subsection, “blind” means a person whose vision in the
person’s better eye with proper correction does not exceed 20/200 or who has
a field defect in the person’s better eye with proper correction which
contracts the peripheral field so that the diameter of the visual field
subtends an angle no greater than 20 degrees; and “visually impaired" means
having a condition in which a person has a corrected visual acuity not
exceeding 20/70, but not less than 20/200, in the person's better eye, or in
which the peripheral field of the person's vision has contracted so that the
diameter of the visual field subtends an angle no greater than 40 degrees
but no less than 20 degrees.
d. (1) The owner of a dog shall be liable for a violation of subsections
a. and b. of this section that occurs on any property belonging to the owner
or on which the owner resides at the time of the violation, regardless of
whether the owner is present when the violation occurs.
(2) The person with custody or control of a dog who is not the owner
of the dog shall be liable for a violation of subsections a. and b. of this
section that occurs on any property belonging to the person with custody or
control of the dog or on which the person with custody or control of the dog
resides at the time of the violation, regardless of whether the person is
present when the violation occurs.
(3) Paragraph (9) of subsection b. of this section shall not apply if the
dog is indoors and a person is indoors with the dog.
4. (New section
) a. It is unlawful to confine a dog, domestic companion animal, or
service animal in any structure, room, area, or container that does not
comply with the standards and requirements of proper shelter as set forth in
section 5 of this act, except as provided in subsections b. and c. of this
section.
b. (1) Notwithstanding the requirements of paragraph (1) of
subsection a. of section 5 of this act, a person may confine a dog, domestic
companion animal, or service animal temporarily in an animal carrier or
crate for the purposes enumerated in paragraph (2) of this subsection,
provided that
(a) during transport, the animal is at all times inside the vehicle being
used for transport; and (b) during confinement in the animal carrier or
crate, the top of the head of the dog, domestic companion animal, or service
animal cannot touch the ceiling of the animal carrier or crate when the
animal is in a normal standing position in the animal carrier or crate, and
the dog, domestic companion animal, or service animal can easily turn around
in a full circle and lie down on its side in the animal carrier or crate.
(2) A person may confine a dog, domestic companion animal, or service animal
temporarily in an animal carrier or crate for the purpose of
(a) transport;
(b) any exhibition, show, contest, or other temporary event at which the
skill, breeding, or stamina of the animal is judged or examined;
or (c) in the case of a dog, any exhibition, class, training session, or
other temporary event at which the dog is used, or is being trained, to hunt
wildlife in a lawful manner.
(3) Notwithstanding the requirements of paragraph (1) of subsection a. of
section 5 of this act with regard to access to water, a person may confine a
dog, domestic companion animal, or service animal without providing access
to water at all times if the animal is confined indoors and in the primary
living space of the residence of the owner or other person with custody or
control of the animal.
C.
(1) The owner of a dog, domestic companion animal, or service animal shall
be liable for a violation of subsection a. or b. of this section, as the
case may be, that occurs on or in any property belonging to the owner or on
which the owner resides or in any vehicle belonging to the owner at the time
of the violation, regardless of whether the owner is present when the
violation occurs.
(2) The person with custody or control of a dog, domestic companion
animal, or service animal who is not the owner of the animal shall be liable
for a violation of subsection a. or b. of this section, as the case may be,
that occurs on or in any property belonging to the person with custody or
control of the animal or on which the person with custody or control of the
animal resides or in any vehicle belonging to the person with custody or
control of the animal at the time of the violation, regardless of whether
the person is present when the violation occurs.
d.4 Subsection a. of this section shall not apply to:
(1) a facility maintained and used in connection with the practice of
veterinary medicine pursuant to R.S.45:16-1 et seq.; or
(2) a licensed kennel, pet shop, shelter, or pound subject to the
rules and regulations adopted pursuant to section 14 of P.L.1941, c.151
(C.4:19-15.14) pertaining to the sanitary conduct and operation of kennels,
pet shops, shelters, and pounds, which is operating in compliance with those
rules and regulations.
5. (New section) a. Proper shelter for a dog, domestic companion
animal, or service animal shall be a structure or other type of protection
that meets, at a minimum, the following standards and requirements:
(1) It provides at all times
(a) adequate ventilation to allow the dog, domestic companion animal, or
service animal to remain dry and maintain a normal body temperature,
(b) access to water in a sanitary and liquid state,
(c) exposure to natural or artificial light according to a regular cycle of
day and night,
(d) sufficient space so that the dog, domestic companion animal, or service
animal can easily turn around in a full circle and lie down on the animal’s
side with limbs outstretched, and
(e) when the animal is in a normal sitting position in the proper shelter,
the top of the head of the animal cannot touch the ceiling of the proper
shelter;
(2) It is maintained in a manner to minimize the accumulation of any
waste, other debris, precipitation, or other moisture inside, surrounding,
and underneath any area or structure providing proper shelter, and to
provide reasonable protection from flooding;
(3) It is soundly constructed to prevent the sagging or collapse of
any part of the structure or protection, and is maintained in good repair
with no exposed sharp points or edges;
(4) It remains in an upright position at all times;
(5) In the event of adverse environmental conditions as set forth in
paragraph (1) of the definition of that term in section 1 of this act, it is
an enclosed structure that has (a) a solid roof, solid walls with a single
opening no larger than necessary to allow the dog, domestic companion
animal, or service animal to comfortably enter and exit the structure, and a
floor that is not the ground, and (b) insulation, dry bedding, and a
windbreak at the entrance that are sufficient to keep the dog, domestic
companion animal, or service animal dry and maintain the animal’s normal
body temperature; and
(6) In the event of adverse environmental conditions as set forth in
paragraph (2) of the definition of that term in section 1 of this act, it
provides the dog, domestic companion animal, or service animal with adequate
shade or other cooling area by natural or artificial means to allow the
animal to maintain a normal body temperature.
b. Any part of the residence of an owner, or other person with
custody or control, of a dog, domestic companion animal, or service animal
shall be proper shelter for a dog, domestic companion animal, or service
animal, provided that the part of the residence, and the use thereof, are in
compliance with the requirements for proper shelter set forth in this
section.
c. Proper shelter for a dog, domestic companion animal, or service animal
shall not include:
(1) a crawl space under a building or a part of a building, such as
under steps, a deck, or a stoop;
(2) the space under a vehicle;
(3) the inside of a vehicle if the dog, domestic companion animal, or
service animal is kept in the vehicle in a manner or for a length of time
that a person should reasonably know poses an adverse risk to the health or
safety of the animal; or
(4) any structure or protection (a) made from pressure-treated wood
which contains the chemicals arsenic or chromium, (b) with a floor
consisting of wire or chain-link or having openings through which the paw,
hoof, or foot of a dog, domestic companion animal, or service animal, as
applicable, can pass, or (c) that is located outdoors and is made from
cardboard or other materials that are easily degraded by the elements.
6. (New section) a. The Department of Health, in consultation with
the Attorney General, shall:
(1) provide to each municipality in writing sufficient copies of (a)
this act, R.S.4:22-17, and R.S.4:22-26; (b) a plain language description of
the provisions and requirements thereof; and (c) a plain language
description of how to comply with those provisions and requirements; and
(2) post on its website the materials enumerated in paragraph (1) of
this subsection.
b. Each municipality shall:
(1) provide the materials enumerated in and provided pursuant to
subsection a. of this section, along with any other information deemed
relevant by the municipality, to each person obtaining a license for a dog
at the time of licensing; and
(2) post on its website the materials enumerated in and provided
pursuant to subsection a. of this section.
The municipality may pay any cost incurred by complying with the
requirements of this subsection with fees forwarded to the treasurer of the
municipality pursuant to section 11 of P.L.1941, c.151 (C.4:19-15.11).
7. (New section)
a.Upon a showing of probable cause that there has been a violation of this
act and submission of proof of issuance of a summons, a court of competent
jurisdiction may issue, upon request, an order to any humane law enforcement
officer or agent of the New Jersey Society for the Prevention of Cruelty to
Animals or county society for the prevention of cruelty to animals,
certified animal control officer, or other State or local law enforcement
officer to enter onto the private property where a dog, domestic companion
animal, or service animal is located and take physical custody of the
animal.
b. Notwithstanding the provisions of subsection a. of this section, or
any other law, or any rule or regulation adopted pursuant thereto, to the
contrary, any humane law enforcement officer or agent of the New Jersey
Society for the Prevention of Cruelty to Animals or county society for the
prevention of cruelty to animals, certified animal control officer, or other
State or local law enforcement officer may immediately enter onto private
property where a dog, domestic companion animal, or service animal is
located and take physical custody of the animal, if the officer or agent has
reasonable suspicion to believe that the animal is at risk of imminent harm
due to a violation of this act.
c. Upon taking physical custody of a dog, domestic companion animal, or
service animal pursuant to subsection a. or b. of this section, the person
taking physical custody of the animal shall:
(1) post immediately, in a conspicuous place at the location from which the
dog, domestic companion animal, or service animal was taken, the notice
required pursuant to subsection d. of this section to the owner or person
with custody or control of the dog, domestic companion animal, or service
animal; and
(2) send by registered or certified mail and by ordinary mail the notice
described in subsection d. of this section to the address of the location
from which the dog, domestic companion animal, or service animal was taken
into physical custody.
d. The notice required pursuant to subsection c. of this section shall:
(1) provide a description of the dog, domestic companion animal, or service
animal;
(2) state that the dog, domestic companion animal, or service animal may be
euthanized upon a veterinarian’s written determination of medical necessity
as required by subsection e. of this section;
(3) state the statutory authority and reason for taking custody of the dog,
domestic companion animal, or service animal; and
(4) provide contact information, including at least the name of any
applicable office or entity, the name of a person at that office or entity,
and a telephone number for the owner or person with custody or control of
the dog, domestic companion animal, or service animal to obtain information
concerning the animal, the alleged violation, and where the animal is
impounded.
e. A dog, domestic companion animal, or service animal taken into
physical custody pursuant to subsection a. or b. of this section shall be
placed in a licensed shelter, pound, or kennel operating as a shelter or
pound to ensure the humane care and treatment of the animal. If, after the
dog, domestic companion animal, or service animal has been taken into
physical custody, a licensed veterinarian makes a written determination that
the animal is in intractable and extreme pain and beyond any reasonable hope
of recovery with reasonable veterinary medical treatment, the animal may be
euthanized. At any time while the licensed shelter, pound, or kennel
operating as a shelter or pound has custody or control of the dog, domestic
companion animal, or service animal, it may place the animal in an animal
rescue organization facility or a foster home if it determines the placement
is in the best interest of the animal.
f. A person shall be issued a correction warning prior to being cited
for a violation of this act unless the dog, domestic companion animal, or
service animal involved in the violation was seized immediately pursuant to
subsection b. of this section. A summons shall be served on the alleged
violator as soon as practicable if:
(1) after the seven days have elapsed from the date a correction
warning is issued, no correction has been made; or
(2) the dog, domestic companion animal, or service animal involved in
the violation was seized immediately pursuant to subsection b. of this
section.
If the alleged violator is not the owner of the dog, domestic companion
animal, or service animal, the person issuing the correction warning or
summons, as applicable, shall also notify the owner of the animal of the
violation and provide the owner with a copy of the issued correction warning
or summons, as applicable.
g. Any summons issued for a violation of this act shall contain:
(1) a description of the violation and statutory authority; and
(2) contact information identifying, at a minimum (a) the name of the
investigating agency or office, and (b) the name of the officer or agent
issuing the summons or investigating the alleged violation.
h. Any humane law enforcement officer or agent of the New Jersey Society
for the Prevention of Cruelty to Animals or county society for the
prevention of cruelty to animals, certified animal control officer, or other
State or local law enforcement officer issuing a summons for a violation of
this act shall also serve on the alleged violator, with the summons, a
written notice of:
(1) the right to voluntarily forfeit ownership or custody of the dog,
domestic companion animal, or service animal;
(2) the action or actions required for compliance;
(3) a demand for immediate compliance; and
(4) a telephone number for the investigating agency or office and the
investigating officer or agent.
i. Any humane law enforcement officer or agent of the New Jersey Society for
the Prevention of Cruelty to Animals or county society for the prevention of
cruelty to animals, certified animal control officer, or other State or
local law enforcement officer may petition a court of competent jurisdiction
to have a dog, domestic companion animal, or service animal confiscated, if
not previously seized, and forfeited upon the person being found guilty of,
or liable for, a violation of this act. Upon a finding that continued
possession of the dog, domestic companion animal, or service animal by the
owner or other person authorized to have custody or control of the animal
poses a threat to the health or safety of the animal, the court shall order
that the animal be forfeited, placed in an animal rescue organization
facility, shelter, pound, or kennel operating as a shelter or pound, and
made available for adoption.
j. A person found guilty of, or liable for, a violation of any provision of
this act shall be responsible for, and pay, the reasonable costs of caring
for the dog, domestic companion animal, or service animal from the date on
which physical custody of the animal was taken pursuant to this section
until the date the animal is surrendered, forfeited, returned, or
euthanized, including, but not limited to, the cost of transporting,
sheltering, and feeding the animal, the cost of providing the animal with
necessary veterinary care, and if the animal is euthanized, the cost of the
euthanasia.
8. (New section) a. A violation of section 2, 4, or 5 of this act
shall constitute failure to provide necessary care pursuant to R.S.4:22-17
and R.S.4:22-26, and a violator shall be subject to the applicable penalties
set forth in those sections.
b. A person who violates section 3 of this act shall be subject to:
(1) for a first offense, at the discretion of the court, a fine of
$100; and
(2) for a second offense, at the discretion of the court, a fine of
$200.
For a third or subsequent offense, the offense shall constitute failure
to provide necessary care pursuant to R.S.4:22-17 and R.S.4:22-26, and a
violator shall be subject to the applicable penalties set forth in those
sections.
c. Beginning on the fourth day after the date of issuance of a
summons for a violation pursuant to section 7 of this act, each 30-day
period that the owner or other person with custody or control of the dog,
domestic companion animal, or service animal is still in possession of the
animal and fails to comply with the requirements of this act shall
constitute a separate offense.
d. A court may, in its discretion, waive or reduce the amount of any
fine imposed for any violation of this act upon the violator demonstrating
compliance with this act in the manner as may be prescribed by the court.
9. (New section) No provision of this act, or any rule or regulation
adopted pursuant thereto, shall be construed or applied to limit any
protection afforded to any dog pursuant to Title 2C of the New Jersey
Statutes or any other provisions of Title 4 of the Revised Statutes, any
other federal or State law, or rule or regulation adopted pursuant thereto,
or any local ordinance, resolution, rule, or regulation.
10. Section 11 of P.L.1941, c. 151 (C.4:19-15.11) is amended to read
as follows:
11. License fees and other moneys collected or received under the
provisions of sections 3, 8, 9 and 16 of [this act] P.L.1941, c.151
(C.4:19-15.3, C.4:19-15.8, C.4:19-15.9, and C.4:19-15.16), except
registration tag fees, shall be forwarded to the treasurer of the
municipality within 30 days after collection or receipt and shall be placed
in a special account separate from any of the other accounts of the
municipality and shall be used for the following purposes only [;]: for
collecting, keeping and disposing of dogs liable to seizure under [this act]
P.L.1941, c.151 (C.4:19-15.1 et seq.) or under local dog control ordinances;
for local prevention and control of rabies; for providing antirabic
treatment under the direction of the local board of health for any person
known or suspected to have been exposed to rabies [,]; for payment of damage
to or losses of poultry and domestic animals, except dogs and cats, caused
by a dog or dogs; for compliance with the requirements of subsection b. of
section 6 of P.L. , c. (C. ) (pending before the Legislature as
this bill); and for administering the provisions of P.L.1941, c.151
(C.4:19-15.1 et seq.). Any unexpended balance remaining in the special
account shall be retained therein until the end of the third fiscal year
following and may be used for any of the purposes set forth in this section.
At the end of the third fiscal year following, and at the end of each
fiscal year thereafter, there shall be transferred from the special account
to the general funds of the municipality any amount then in the account
which is in excess of the total amount paid into the special account during
the last two fiscal years next preceding.
The registration tag fee for each dog shall be forwarded within 30 days
after collection by the clerk or other official designated to license dogs
to the State Department of Health which department shall forward the sum to
the State Treasurer who shall place all such moneys in a special account for
use only by the State Department of Health in administering of P.L.1941,
c.151 (C.4:19-15.1 et seq.) and for the prevention and control of rabies
throughout the State, and such account is hereby declared to be a trust fund
not subject to legislative appropriation. At the end of the third fiscal
year following the adoption of P.L.1941, c.151 (C.4:19-15.1 et seq.) and at
the end of each fiscal year thereafter, there shall be withdrawn from this
trust fund and transferred to the general funds of the State any amount then
in the trust fund which is in excess of the total amount paid into the trust
fund during the last two fiscal years next preceding.
(cf: P.L.1981, c.235, s.3)
11. This act shall take effect immediately.
From: NJAGDU [mailto:njagdu-bounces at nfbnet.org] On Behalf Of Richard Fox via
NJAGDU
Sent: Saturday, October 07, 2017 12:19 AM
To: New Jersey Association of Guide Dog Users
Cc: Richard Fox
Subject: [Njagdu] Assembly bill 2426
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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