Title 4, Title 4: AGRICULTURE AND DOMESTIC ANIMALS

4:19-24. Registration of potentially dangerous dog; conditions 8. If the municipal court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part: a. shall require the owner to comply with the following conditions: (1) to …

4:19-25. Appeal of decision 9. The owner of the dog, or the animal control officer in the municipality in which the dog was impounded, may appeal any final decision, order, or judgment, including any conditions attached thereto, of a municipal court pursuant to P.L.1989, c.307 (C…

4:19-26. Liability of owner for cost of impounding, destroying dog; rabies testing 10. a. If a dog is declared vicious or potentially dangerous, and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the municipality in which the dog is im…

4:19-27. Hearing on subsequent actions of dog 11. If the municipal court finds that the dog is not vicious or potentially dangerous, the municipal court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent…

4:19-28. Obligations of owner of potentially dangerous dog 12. The owner of a potentially dangerous dog shall: a. comply with the provisions of P.L.1989, c.307 (C.4:19-17 et seq.) in accordance with a schedule established by the municipal court, but in no case more than 60 days s…

4:19-29. Violation by owner; fine, seizure, impoundment of dog 13. The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this act, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court's orde…

4:19-3. Refusal to report number and age of dogs; penalty An inhabitant who shall refuse or willfully neglect to deliver to the assessor, when required by him, a true account of the number and age of the dogs made taxable under this article which are owned or harbored by him shal…

4:19-30. Municipality to register, identify potentially dangerous dogs; publicize phone numbers to report violations 14. Each municipality shall: a. issue a potentially dangerous dog registration number and red identification tag along with a municipal potentially dangerous dog l…

4:19-31. Municipality to establish fee for potentially dangerous dog license Every municipality may, by ordinance, fix the sum to be paid annually for a potentially dangerous dog license and each renewal thereof, which sum shall not be less than $150 nor more than $700. In the ab…

4:19-32. Monthly inspection to verify compliance The animal control officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with paragraphs (2) and (3) of subsection a. of section 8 of this act. L.1989, c.307, s.16.

4:19-33. Statewide system for registration of potentially dangerous dogs The department shall promulgate regulations establishing a uniform Statewide system for municipal registration of potentially dangerous dogs. The regulations shall assign each municipality or other authority…

4:19-34. Actions subject to "New Jersey Tort Claims Act" Any action undertaken pursuant to the provisions of this act shall be deemed to be an exercise of a government function and shall be subject to the provisions of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq. L.1989…

4:19-35. Fines, fees, used for enforcement by municipalities All fines and fees collected or received by the municipality pursuant to sections 13 and 15 of this act shall be deposited in a special account and used by the municipality to administer and enforce the provisions of th…

4:19-36. Act to supersede inconsistent local laws The provisions of this act shall supersede any law, ordinance, or regulation concerning vicious or potentially dangerous dogs, any specific breed of dog, or any other type of dog inconsistent with this act enacted by any municipal…

4:19-37. Exemptions for dogs used for law enforcement purposes The provisions of this act shall not apply to dogs used for law enforcement activities. L.1989, c.307, s.22.

4:19-38. Debarking silencing of dog, certain circumstances; third degree crime 1. A person who surgically debarks or silences a dog, or causes the surgical debarking or silencing of a dog, for reasons other than to protect the life or health of the dog as deemed necessary by a du…

4:19-39. Duly licensed veterinarian permitted to debark, silence dog; penalty 2. No person other than a duly licensed veterinarian may surgically debark or silence a dog. A person who violates this section shall be guilty of a crime of the third degree. L.2002,c.102,s.2.

4:19-4. Use of tax collections to pay claims; handling of fund The sums of money collected from the tax imposed by virtue of this article shall be appropriated in the annual budget and the taxing ordinance of the taxing district to make good any loss which may be sustained by any…

4:19-40. Seizure, forfeiture of dog at time of arrest of violator 3. a. A dog that has been surgically debarked or silenced may be seized at the time of arrest of a person charged with violating section 1 or 2 of P.L.2002, c.102 (C.4:19-38 or C.4:19-39), or at any time thereafter…

4:19-41 Statement filed by veterinarian. 4. Whenever a duly licensed veterinarian surgically debarks or silences a dog, the veterinarian shall prepare and file a written statement with the Department of Health setting forth the veterinary basis for administering the surgery and p…

4:19-42. Issuance of license, determination as to whether dog surgically debarked, silenced 5. a. No municipal clerk or other official designated by the governing body of any municipality to license dogs therein shall grant any such license and official metal registration tag for…

4:19-43. Information provided to prospective owner 6. An owner, keeper or harborer of a dog that has been surgically debarked or silenced shall, prior to selling or donating the dog, inform the prospective owner that the dog has been surgically debarked or silenced. A person who …

4:19-5. Claims for and establishment of damages When any person shall sustain damage by the destruction or wounding of his sheep, lambs, domestic animals or poultry, except dogs and cats, he may take two respectable freeholders of the taxing district wherein the damage was done, …

4:19-6. Suit by municipality against owner If any claim for damage is presented and allowed by the governing body of a municipality, such governing body may institute and maintain an action, in the name and for the benefit of the municipality, in any court of competent jurisdicti…

4:19-7. Effect of article on owner's liability This article shall not exempt the owner, possessor or harborer of a dog from liability for damage done by it but he is hereby declared to be responsible for such injury. A civil action may be brought by a person for the full amount o…

4:19-8. Failure to kill dog found worrying livestock, penalty 4:19-8. An owner or person harboring a dog which is found killing, worrying or wounding any sheep, lamb, domestic animal or poultry, who shall, after being informed thereof, fail to kill the dog within twenty-four hour…

4:19-9. Right to destroy offending dogs A person may humanely destroy a dog in self defense, or which is found chasing, worrying, wounding or destroying any sheep, lamb, poultry or domestic animal.

4:19A-1. Program; purpose The department shall establish and implement an Animal Population Control Program (hereinafter referred to as the "program" ). The purpose of this program shall be to reduce the population of unwanted and stray dogs and cats by encouraging the owners of …

4:19A-10. Definitions As used in this act: a. "Commissioner" means the Commissioner of Health; b. "Department" means the Department of Health. L.1983, c. 180, s. 1, eff. May 10, 1983.

4:19A-11. Pilot clinic for spaying, neutering; fees a. There is established in the department a pilot clinic for the spaying and neutering of dogs and cats to determine the practicability and feasibility of establishing a Statewide clinic program. b. The commissioner shall establ…

4:19A-12. Consent form; retrieval of animal; abandonment a. Any person submitting a dog or cat for spaying or neutering pursuant to this pilot program shall sign a consent form certifying that the person is the owner of the dog or cat or is authorized to present the dog or cat fo…

4:19A-13. Fee adjustment; recommendation Not less than 180 days subsequent to the establishment of the pilot clinic, the commissioner may recommend to the Legislature any adjustment to the fees, established pursuant to section 2 of this act, deemed necessary to ensure the operati…

4:19A-14. Acceptance of funds; pilot clinic fund a. The commissioner may accept funds from any public or private source to help carry out the purposes of this act. b. All fees collected pursuant to P.L.1983, c.181 (C.4:19-15.3c) or pursuant to section 2 of this act, and all money…

4:19A-15. Report; recommendations Not later than 1 year following the effective date of this act, the commissioner shall submit a written report to the Legislature detailing the operation of the pilot program and shall make recommendations concerning the practicability and feasib…

4:19A-16 Domestic Companion Animal Council. 1. a. There shall be established in, but not of, the Department of Health, a Domestic Companion Animal Council, which shall consist of 12 members, each of whom shall be chosen with due regard to the individual's knowledge of and interes…

4:19A-17. Duties of council 2. The Domestic Companion Animal Council shall organize as soon as practicable after appointment of its members. The council shall: a. Consult with and advise the Commissioner of the Department of Health with respect to the work of the council; b. Moni…

4:19A-2. Eligibility 3. In order to be eligible to participate in the program, an owner of a dog or cat shall be eligible for, and participate in, at least one of the following: a. The Food Stamp Program authorized by Title XIII of the Food and Agriculture Act of 1977, Pub.L.95-1…

4:19A-3. Submission of animal for spaying or neutering; proof of eligibility; consent form; fee; disposition Any person submitting a dog or cat, pursuant to the provisions of this act, for spaying or neutering, as the case may be, shall: a. Furnish any licensed veterinarian of th…

4:19A-4. Veterinarians; participation in program; application; reimbursement for animal sterilization procedure and presurgical immunization a. Any licensed veterinarian of this State may participate in the program upon filing with the commissioner an application therefor, on for…

4:19A-5. Animal Population Control Fund 6. a. The commissioner may solicit and accept funds from any public or private source to help carry out the provisions of P.L.1983, c.172 (C.4:19A-1 et al.) . b. All fees collected pursuant to section 1 of P.L.1983, c.172 (C.4:19-15.3b) and…

4:19A-6. Unretrieved animal; final disposition Any licensed veterinarian of this State participating in the program shall provide for the final disposition of an unretrieved animal in the manner provided in P.L.1979, c. 354 (C. 45:16-13 et seq.). For the purposes of this act "unr…

4:19A-7. Violations; penalties; enforcement 8. Any person who knowingly: a. Falsifies proof of eligibility for, or participation in, any of the programs enumerated in section 3 of this act; b. Furnishes any licensed veterinarian of this State with inaccurate information concernin…

4:19A-8. Rules or regulations The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), adopt any rules or regulations necessary to carry out the provisions of this act. L.1983, c. 172, s. 9.

4:19A-9. Annual report Not later than one year following the effective date of this act, and annually thereafter, the commissioner shall submit a report to the Governor, the Legislature, and to the Senate Natural Resources and Agriculture Committee and the General Assembly Agricu…

4:20-1. Sufficiency of fences in general A fence shall be deemed lawful, subject to the provisions of section 4:20-2 of this title, if four feet and two inches high measuring from the level or surface of the earth, and close, strong and sufficient to prevent horses and cattle fro…

4:20-10. Specification of time for making partition fence When two of the township committee shall determine the parts or shares of any partition fence to be made under the provisions of this article, they shall specify in writing the time within which such fence shall be made by…