Bill Text: NJ A2426 | 2016-2017 | Regular Session | Introduced
Bill Title: Regulates tethering and confinement of, and proper shelter for, dogs.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Introduced - Dead) 2016-06-06 - Combined with A3152/3154 (ACS) [A2426 Detail]
Download: New_Jersey-2016-A2426-Introduced.html
Sponsored by:
Assemblyman GREGORY P. MCGUCKIN
District 10 (Ocean)
SYNOPSIS
Regulates tethering and confinement of, and proper shelter for, dogs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the tethering and confinement of, and proper shelter for, dogs, supplementing Title 4 of the Revised Statutes, and amending R.S.4:22-26.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in this act:
"Adverse weather conditions" means (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.
"Animal rescue organization facility" means the same as that term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).
"Kennel" means the same as that term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).
"Pet shop" " means the same as that term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).
"Pound" " means the same as that term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).
"Proper shelter" means a structure or other type of protection that conforms with the standards and requirements set forth in section 6 of this act. "Shelter" means the same as that term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).
"Tether" means to fasten a dog with a cable, chain, rope, or other similar object to a stationary object, 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.
2. (New section) a. (1) A person tethering a dog, whether indoors or outdoors, shall:
(a) attach the tether to a buckle collar that has a metal or plastic buckle and that is properly sized and fitted for the restraint and comfort of the tethered dog;
(b) use only a tether that is a plastic-coated or vinyl-coated wire cable or a chain with metal chain links that are no more than one-quarter of an inch thick;
(c) use a tether that is at least 12 feet in length and permits the dog to walk at least 12 feet in any direction;
(d) use a tether with swivels on both ends of the tether to prevent twisting and tangling of the tether;
(e) restrain only one dog per tether;
(f) when tethering more than one dog, tether the dogs a sufficient distance apart so that no dog can reach another dog or its tether, or become entangled in another dog's tether;
(g) ensure that the dog cannot reach any window sill, fence, wall, porch or terrace railing, vehicle, tree, pole, pool, public road or highway, or other object or location that poses a risk of entanglement, strangulation, drowning, or other harm to the health or safety of the dog; and
(h) provide the dog with continuous access to water in a sanitary and liquid state whenever the dog is tethered for more than 30 minutes.
(2) Subparagraph (c) of paragraph (1) of this subsection shall not apply if the person tethering the dog or the owner or other person with custody or control of a tethered dog is, at all times while the dog is tethered, outdoors on the property where the dog is tethered.
(3) Subparagraphs (d), (f), and (g) of paragraph (1) of this subsection shall not apply if the person tethering the dog, or the owner or other person with custody or control of the dog, is in the immediate presence of the dog.
b. The owner or other person with custody or control of a dog shall also be liable for a violation of subsection a. of this section if the dog is tethered by another person in violation of subsection a. of this section on any property of the owner or other person with custody or control of the dog or on which the owner or other person with custody or control of the dog resides.
3. (New section) a. It shall be unlawful for any person to tether a dog:
(1) whether indoors or outdoors, by means of 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; or
(2) outdoors between the hours of 11 p.m. and 6 a.m., or under adverse weather conditions for more than 30 minutes.
b. Paragraph (2) of subsection a. of this section shall not apply if the person tethering the dog or owner or other person with custody or control of a tethered dog is, at all times while the dog is tethered, outdoors on the property where the dog is tethered.
c. The owner or other person with custody or control of a dog shall also be liable for a violation of subsection a. of this section if the dog is tethered by another person in violation of subsection a. of this section on any property of the owner or other person with custody or control of the dog or on which the owner or person with custody or control of the dog resides.
4. (New section) a. Whenever a dog is outdoors for more than 30 minutes under adverse weather conditions, the owner or other person with custody or control of the dog shall provide proper shelter for the dog, as set forth in section 6 of this act, and continuous access to that proper shelter.
b. Subsection a. of this section shall not apply if the owner or other person with custody or control of the dog is at all times outdoors on the property where the dog is located.
5. (New section) a. It shall be unlawful to confine a dog in:
(1) violation of section 4 of this act; or
(2) any structure, room, area, or container that does not comply with the standards and requirements of proper shelter as set forth in section 6 of this act, except as provided in subsection c. of this section.
b. A person may confine a dog in an area or space of less than 100 square feet for up to 10 consecutive hours. After 10 consecutive hours of confinement, a person shall not continue to confine the dog, or confine the dog again, until:
(1) the dog is provided at least two hours of continuous access to at least 100 square feet of space in which the dog can comfortably walk; and
(2) if more than one dog is confined, each additional dog is provided at least two hours of continuous access to at least 50 square feet of additional space in which the dog can comfortably walk.
c. Notwithstanding the requirements of subparagraph (e) of paragraph (1) of subsection a. of section 6 of this act, a person may confine a dog temporarily in an animal carrier or crate for the purpose of transport, provided that the dog's head cannot touch the ceiling of the animal carrier or crate when the dog is in a normal sitting or standing position in the animal carrier or crate.
d. The owner or other person with custody or control of a dog shall also be liable for a violation of subsection a. or b. of this section if the dog is confined by another person in violation of subsection a. or b. of this section on any property of the owner or other person with custody or control of the dog or on which the owner or other person resides.
e. Subsections a. and b. 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 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 operation of kennels, pet shops, shelters, and pounds.
6. (New section) a. Proper shelter for a dog shall be a structure or other type of protection that meets, at a minimum, the following standards and requirements:
(1) It provides the dog at all times with (a) adequate ventilation to allow the dog 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 can easily turn around in a full circle and lie down on its side with limbs outstretched, and (e) at least three inches of empty space above the dog's head when the dog is in a normal sitting or standing position in 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;
(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 weather 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 roof, walls, and a floor that is not the ground, (b) adequate insulation and dry bedding to allow the dog to remain dry and maintain a normal body temperature, and (c) a windbreak; and
(6) In the event of adverse weather conditions as set forth in paragraph (2) of the definition of that term in section 1 of this act, it provides the dog with adequate shade by natural or artificial means to allow the dog to maintain a normal body temperature.
b. Any part of the residence of the owner or other person with custody or control of the dog shall be proper shelter for the dog 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 and the requirements concerning confinement set forth in section 5 of this act.
c. Proper shelter for a dog 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 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 dog's health or safety; or
(4) any structure or protection (a) made from pressure-treated wood, (b) with a floor consisting of wire or chain-link or having openings through which a dog's paw can pass, or (c) that is located outdoors and is made from cardboard or other materials that are easily degraded by the elements.
7. (New section) The Department of Health shall provide to each municipality in writing a copy of this act and paragraph (6) of subsection a. of R.S.4:22-26, a plain language description of the provisions and requirements thereof, and a plain language description of how to comply with those provisions and requirements. Each municipality shall provide a copy of this act and paragraph (6) of subsection a. of R.S.4:22-26 and the plain language descriptions required pursuant to this section to each person obtaining a license for a dog at the time of licensing, along with any other information deemed relevant by the municipality.
8. (New section) a. Notwithstanding the provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary, upon a showing of probable cause that a dog is tethered, confined, or not provided with proper shelter in violation of this act or paragraph (6) of subsection a. of R.S.4:22-26, a court of competent jurisdiction shall issue a warrant 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 the dog is located and take physical custody of the dog.
b. Notwithstanding the provisions of any other law, or 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 the private property where a dog is located and take physical custody of the dog, if the officer or agent has probable cause to believe that the dog is at risk of imminent harm due to a violation of this act or paragraph (6) of subsection a. of R.S.4:22-26.
c. Upon taking physical custody of a dog pursuant to subsection a. or b. of this section, the person taking physical custody of the dog shall: (1) post immediately, in a conspicuous place at the location where the dog was taken, the notice required pursuant to subsection d. of this section to the dog's owner or to the person with custody or control of the dog; and (2) send by registered, certified, or ordinary mail the notice described in paragraph (1) of this subsection to the address of the location where the dog was taken into physical custody.
d. The notice required pursuant to subsection c. of this section shall: (1) provide a description of the dog; (2) state that the dog may be euthanized upon a veterinarian's written determination of medical necessity as required by subsection e. of this section; (3) the statutory authority and reason for taking custody of the dog; and (4) 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 dog's owner or the person with custody or control of the dog to obtain information concerning the dog, the alleged violation, and where the dog has been impounded.
e. A dog taken into physical custody pursuant to subsection a. or b. of this section shall be placed in an animal rescue organization facility, shelter, pound, or kennel operating as a shelter or pound to ensure the humane care and treatment of the dog. If, after the dog has been taken into physical custody, a licensed veterinarian makes a written determination that the dog is in intractable and extreme pain and beyond any reasonable hope of recovery with reasonable veterinary medical treatment, the dog may be euthanized.
f. As soon as practicable after taking physical custody of a dog, the person taking custody shall issue, or have issued, a summons to the alleged violator. If the alleged violator is not the owner of the dog, the person issuing the summons shall also notify the owner of the dog of the violation and provide the owner with a copy of the issued summons.
Any summons issued for a violation of this act or paragraph (6) of subsection a. of R.S.4:22-26 shall contain:
(1) a description of the violation and statutory authority;
(2) the penalty for the violation;
(3) contact information identifying at a minimum (a) the name of the investigating agency or office; (b) the name of the officer or agent issuing the summons or investigating the alleged violation; and (c) a telephone number for the investigating agency or office and the investigating officer or agent;
(4) notice of the right to voluntarily forfeit ownership or custody of the dog;
(5) the action or actions required for compliance; and
(6) a written demand for immediate compliance.
g. 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 confiscated, if not previously seized, and forfeited upon the conviction of a person for tethering the dog, confining the dog, or failing to provide the dog with proper shelter in violation of this act or paragraph (6) of subsection a. of R.S.4:22-26. Upon a finding that continued possession of the dog by the dog's owner or custodian poses a threat to the dog's health or safety, the court shall order that the dog be forfeited, placed in an animal rescue organization facility, shelter, pound, or kennel operating as a shelter or pound, and made available for adoption.
h. A person found guilty of violating any provision of this act or paragraph (6) of subsection a. of R.S.4:22-26 shall be responsible for, and pay, the reasonable costs of caring for the dog from the date on which physical custody of the dog was taken pursuant to this section until the date the dog is surrendered, forfeited, returned, or euthanized, including, but not limited to, the cost of transporting, sheltering, and feeding the dog, the cost of providing the dog with necessary veterinary care, and if the dog is euthanized, the cost of the euthanasia.
9. (New section) a. In addition to any penalties which may apply under Title 2C of the New Jersey Statutes or chapter 19 or 22 of Title 4 of the Revised Statutes, any person who violates this act shall be guilty of a petty disorderly persons offense and:
(1) for a first offense, at the discretion of the court, shall be fined $100, or be imprisoned for a term of not more than 30 days, or both; and
(2) for a second offense, at the discretion of the court, shall be fined $200, or be imprisoned for a term of not more than 30 days, or both.
For a third or subsequent offense, the person shall be guilty of a disorderly persons offense and, at the discretion of the court, shall be fined not less than $250 nor more than $500, or be imprisoned for a term of not more than three months, or both.
b. Beginning 72 hours after receipt of a summons and notice of violation, each day that the owner or other person with custody or control of the dog is still in possession of the dog and fails to comply with the requirements of this act or paragraph (6) of subsection a. of R.S.4:22-26 shall constitute a separate offense by the owner or custodian.
c. The court may, in its discretion, reduce the amount of any fine imposed for a violation of this act or paragraph (6) of subsection a. of R.S.4:22-26 by the amount the owner or other person with custody or control of the dog spends on bringing the dog's outdoor shelter into compliance with this act and paragraph (6) of subsection a. of R.S.4:22-26. The owner or other person with custody or control of the dog, as applicable, shall provide documentation of the costs in a form prescribed by the court.
10. (New section) No provision of this act shall be construed to limit any protection afforded to any dog under Title 2C of the New Jersey Statutes, chapter 19 or 22 of Title 4 of the Revised Statutes, or any other State law, or rule or regulation adopted pursuant thereto, or any local ordinance, resolution, or regulation.
11. R.S.4:22-26 is amended to read as follows:
4:22-26. A person who shall:
a. (1) Overdrive, overload, drive when overloaded, overwork, abuse, or needlessly kill a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;
(2) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or needlessly mutilate a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;
(3) Cause the death of, or serious bodily injury to, a living animal or creature from commission of any act described in paragraph (2), (4), or (5) [, or (6)] of this subsection, by any direct or indirect means, including but not limited to through the use of another living animal or creature, or otherwise cause or procure any such acts to be done;
(4) Fail, as the owner or a person otherwise charged with the care of a living animal or creature, to provide the living animal or creature with necessary care, or otherwise cause or procure such an act to be done; [or]
(5) Cause bodily injury to a living animal or creature from commission of the act described in paragraph (4) of this subsection; or
(6) Improperly tether a dog, confine a dog, or fail to provide proper shelter for a dog, as described in P.L. , c. (C. ) (pending before the Legislature as this bill);
b. (Deleted by amendment, P.L.2003, c.232)
c. Inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or leave the living animal or creature unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature;
d. Receive or offer for sale a horse that is suffering from abuse or neglect, or which by reason of disability, disease, abuse or lameness, or any other cause, could not be worked, ridden or otherwise used for show, exhibition or recreational purposes, or kept as a domestic pet without violating the provisions of this article;
e. Keep, use, be connected with or interested in the management of, or receive money or other consideration for the admission of a person to, a place kept or used for the purpose of fighting or baiting a living animal or creature;
f. Be present and witness, pay admission to, encourage, aid or assist in an activity enumerated in subsection e. of this section;
g. Permit or suffer a place owned or controlled by him to be used as provided in subsection e. of this section;
h. Carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhumane manner;
i. Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for business purposes;
j. Impound or confine or cause to be impounded or confined in a pound or other place a living animal or creature, and shall fail to supply the living animal or creature during such confinement with a sufficient quantity of good and wholesome food and water;
k. Abandon a maimed, sick, infirm or disabled animal or creature to die in a public place;
l. Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, a horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the health or life of human beings or animals, or who shall, when any such disease is beyond recovery, refuse, upon demand, to deprive the animal of life;
m. Own, operate, manage or conduct a roadside stand or market for the sale of merchandise along a public street or highway; or a shopping mall, or a part of the premises thereof; and keep a living animal or creature confined, or allowed to roam in an area whether or not the area is enclosed, on these premises as an exhibit; except that this subsection shall not be applicable to: a pet shop licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); a person who keeps an animal, in a humane manner, for the purpose of the protection of the premises; or a recognized breeders' association, a 4-H club, an educational agricultural program, an equestrian team, a humane society or other similar charitable or nonprofit organization conducting an exhibition, show or performance;
n. Keep or exhibit a wild animal at a roadside stand or market located along a public street or highway of this State; a gasoline station; or a shopping mall, or a part of the premises thereof;
o. Sell, offer for sale, barter or give away or display live baby chicks, ducklings or other fowl or rabbits, turtles or chameleons which have been dyed or artificially colored or otherwise treated so as to impart to them an artificial color;
p. Use any animal, reptile, or fowl for the purpose of soliciting any alms, collections, contributions, subscriptions, donations, or payment of money except in connection with exhibitions, shows or performances conducted in a bona fide manner by recognized breeders' associations, 4-H clubs or other similar bona fide organizations;
q. Sell or offer for sale, barter, or give away living rabbits, turtles, baby chicks, ducklings or other fowl under two months of age, for use as household or domestic pets;
r. Sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl, or rabbits, turtles or chameleons under two months of age for any purpose not prohibited by subsection q. of this section and who shall fail to provide proper facilities for the care of such animals;
s. Artificially mark sheep or cattle, or cause them to be marked, by cropping or cutting off both ears, cropping or cutting either ear more than one inch from the tip end thereof, or half cropping or cutting both ears or either ear more than one inch from the tip end thereof, or who shall have or keep in the person's possession sheep or cattle, which the person claims to own, marked contrary to this subsection unless they were bought in market or of a stranger;
t. Abandon a domesticated animal;
u. For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature;
v. Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or creature for the purpose of fighting or baiting that animal or creature;
w. Gamble on the outcome of a fight involving a living animal or creature;
x. Knowingly sell or barter or offer for sale or barter, at wholesale or retail, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat, unless such fur or hair for sale or barter is from a commercial grooming establishment or a veterinary office or clinic or is for use for scientific research;
y. (1) Knowingly sell or barter, or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a domestic dog or cat, or any product made in whole or in part from the flesh of a domestic dog or cat;
(2) Knowingly slaughter a horse for human consumption;
(3) Knowingly sell or barter, or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a horse, or any product made in whole or in part from the flesh of a horse, or knowingly accept or publish newspaper advertising that includes the offering for sale, trade, or distribution of any such item for human consumption;
(4) Knowingly transport a horse for the purpose of slaughter for human consumption;
(5) Knowingly transport horsemeat, or any product made in whole or in part from the flesh of a horse, for the purpose of human consumption;
z. Surgically debark or silence a dog in violation of section 1 or 2 of P.L.2002, c.102 (C.4:19-38 or C.4:19-39);
aa. Use a live pigeon, fowl or other bird for the purpose of a target, or to be shot at either for amusement or as a test of skill in marksmanship, except that this subsection and subsections bb. and cc. shall not apply to the shooting of game;
bb. Shoot at a bird used as described in subsection aa. of this section, or is a party to such shooting; or
cc. Lease a building, room, field or premises, or knowingly permit the use thereof for the purposes of subsection aa. or bb. of this section --
Shall forfeit and pay a sum according to the following schedule, to be sued for and recovered, with costs, in a civil action by any person in the name of the New Jersey Society for the Prevention of Cruelty to Animals or a county society for the prevention of cruelty to animals, as appropriate, or, in the name of the municipality if brought by a certified animal control officer or animal cruelty investigator:
For a violation of subsection e., f., g., u., v., w., or z. of this section or of paragraph (3) of subsection a. of this section, or for a second or subsequent violation of paragraph (2) or (5) of subsection a. of this section, a sum of not less than $3,000 nor more than $5,000;
For a violation of subsection l. of this section, for a first violation of paragraph (2) or (5) of subsection a. of this section, a sum of not less than $1,000 nor more than $3,000;
For a violation of paragraph (4) of subsection a. of this section, or subsection c. of this section, a sum of not less than $500 nor more than $2,000;
For a violation of subsection x. or paragraph (1) of subsection y. of this section, a sum of not less than $500 nor more than $1,000 for each domestic dog or cat fur or fur or hair product or domestic dog or cat carcass or meat product sold, bartered, or offered for sale or barter;
For a violation of paragraph (2), (3), (4), or (5) of subsection y. of this section, a sum of not less than $500 nor more than $1,000 for each horse slaughtered or transported for the purpose of slaughter for human consumption, or for each horse carcass or meat product transported, sold or bartered, or offered or advertised for sale or barter;
For a violation of subsection t. of this section, a sum of not less than $500 nor more than $1,000, but if the violation occurs on or near a highway, a mandatory sum of $1,000;
For a violation of subsection d., h., j., k., aa., bb., or cc. of this section or of paragraph (1) of subsection a. of this section, a sum of not less than $250 nor more than $1,000; and
For a violation of subsection i., m., n., o., p., q., r., or s. of this section, or paragraph (6) of subsection a. of this section, a sum of not less than $250 nor more than $500.
(cf: P.L.2013, c.88, s.3)
12. This act shall take
effect immediately.
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.
