Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Requires establishment of municipal animal control programs and DOH oversight over such programs; appropriates $500,000 for grants to municipalities for associated costs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning animal control, supplementing P.L.1941, c.151 (C.4:19-15.1 et seq.), and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Each municipality shall establish a municipal animal control program that:
(1) provides animal control services in the municipality;
(2) implements the provisions and requirements of sections 2, 3, and 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), in conjunction with any animal control services already required pursuant to law in the municipality prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(3) enforces, and complies with, the requirements the provisions of chapter 19 of Title 4 of the Revised Statutes pertaining to animal control, including, but not limited to, the provisions of section 4 of P.L.1983, c.525 (C.4:19-15.16b), section 16 of P.L.1941, c.151 (C.4:19-15.16), P.L.1989, c.307 (C.4:19-18 et seq.), and any applicable provisions of P.L.2017, c.331 (C.4:22-14.1 et al.).
b. Each municipality shall prioritize funding of its municipal animal control program established pursuant to this section when allocating municipal funds available for the purpose of animal control.
c. The governing body of each municipality shall appoint a municipal health officer to oversee the municipal animal control program and coordinate services in the municipality between certified animal control officers, contracted animal control services, shelters, pounds, kennels operating as shelters or pounds, foster homes, animal rescue organizations and their animal rescue organization facilities, and the veterinarians who provide care for animals placed in or impounded in these facilities.
d. The municipal health officer shall advise the governing body of the municipality concerning the implementation of the municipal animal control program and its compliance with State laws and regulations concerning animal control, and shall report quarterly to the governing body of the municipality and the State Office of Veterinary Public Health in the Department of Health concerning the implementation of the municipal animal control program and its compliance with State laws and regulations concerning animal control.
e. The Department of Health shall consult with the municipal health officers appointed pursuant to subsection c. of this section and shall oversee the enforcement of municipal animal control programs through the municipal health officers. If a complaint concerning animal control is not addressed satisfactorily by the municipality, a complaint may be filed with the State Office of Veterinary Public Health. The State Office of Veterinary Public Health shall establish procedures for receiving, reviewing, and addressing such complaints.
f. The Department of Health shall adopt, pursuant to the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of sections 1 through 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) and to coordinate the implementation of municipal animal control programs to ensure uniform enforcement of animal control and concerns related to animal control throughout the State.
2. a. For the purpose of this section, certified animal control officer means a certified animal control officer appointed pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b) or a properly certified, trained, and authorized animal control officer of a private animal control service contracted by a municipality.
b. Provided sufficient funds are made available, the governing body of each municipality shall appoint or contract with a sufficient number of certified animal control officers to ensure compliance with the requirements of this section. When appointing or contracting with a certified animal control officer to provide animal control services for the municipality, the governing body shall notify the certified animal control officer of any law, rule, or regulation governing the proper handling or transport of animals and shall require compliance with the laws, rules, or regulations as a condition of the certified animal control officers contract with the municipality as provided pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. Each municipality shall establish a patrol schedule for certified animal control officers serving the municipality. The municipality may require the certified animal control officer to patrol the municipality by vehicle, canvas by foot, monitor by social media, or by other means. The municipality shall establish the type, number, and frequency of patrols required, provided that, if patrol is by vehicle or on foot, the patrols are no less than twice per week.
d. Each municipality shall instruct its law enforcement officers to refer a report of an animal outside of the control of an owner, creating a threat to public health or safety, or interfering with the enjoyment of property to the certified animal control officer or private animal control service serving the municipality. If the animal cannot be returned to the control of the owner or the person charged by the owner to care for the animal, the certified animal control officer shall impound the animal pursuant to section 16 of P.L.1941, c.151 (C.4:19-15.16) or take other appropriate action as provided pursuant to subsection e. of this section.
e. A certified animal control officer shall respond immediately, regardless of the time of day or day of the week, upon receipt of a report of an animal outside of the control of an owner, creating a threat to public health or safety, or interfering with the enjoyment of property, and take appropriate action as follows:
(1) if the animal is sick or injured, the certified animal control officer shall immediately obtain proper care for the animal from a licensed veterinarian, except that (a) if the animal is a wild animal, the certified animal control officer shall report the location and condition of the animal to the Division of Fish and Wildlife in the Department of Environmental Protection and obtain proper care for the animal in coordination with the division, or (b) if the animal is domestic livestock or an agricultural animal, the certified animal control officer shall report the location and condition of the animal to the Department of Agriculture and obtain proper care for the animal in coordination with the department;
(2) if the animal appears to have been subjected to an act of animal cruelty, the certified animal control officer shall contact immediately the municipal humane law enforcement officer