Bill Text: NJ A2624 | 2016-2017 | Regular Session | Introduced
Bill Title: Increases penalties for violations of certain pet shop laws and regulations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-08 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A2624 Detail]
Download: New_Jersey-2016-A2624-Introduced.html
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Increases penalties for violations of certain pet shop laws and regulations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning pet shops and amending P.L.1941, c.151.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 19 of P.L.1941, c.151 (C.4:19-15.19) is amended to read as follows:
19. a. Except as otherwise provided in [this act] P.L.1941, c. 15, (C.4:19-15.1 et. seq.) and in subsection b. of this section, any person who violates or who fails or refuses to comply with sections 2, 4, 6, 7, 8, 10, or 18 of [this act] P.L.1941, c.151 (C.4:19-15.2, C.4:19-15.4, C.4:19-15.6 through C.4:19-15.8, C.4:19-15.10, C.4:19-15.18), or the rules and regulations promulgated by the Department of Health pursuant to section 14 of [this act] P.L.1941, c.151 (C.4:19-15.14), shall be liable to a penalty of not less than [$5.00] $5 nor more than $50 for each offense, [to] except that for the first offense in cases of a violation of section 2, 4, or 6 of P.L.1941, c.151 (C.4:19-15.2, C.4:19-15.4, C.4:19-15.6), the penalty shall be not less than $1 nor more than $5. The penalty shall be recovered by and in the name of the Commissioner of Health, or by and in the name of the local board of health of the municipality, or by and in the name of the municipality, as the case may be [, except that for the first offense in cases of violations of sections 2, 4, and 6 of this act the penalty shall be not less than $1.00 nor more than $50, to be recovered in the same manner].
b. Notwithstanding the provisions of subsection a. to the contrary, any owner or operator of a pet shop who violates, or fails or refuses to comply with, sections 8, 10, or 18 of P.L.1941, c.151 (C.4:19-15.8, C.4:19-15.10, C.4:19-15.18) or the rules and regulations prepared and promulgated by the Department of Health pursuant to section 14 of P.L.1941, c.151 (C.4:19-15.14), shall be liable to a penalty of not less than $100 nor more than $1,000 for each offense, to be recovered by and in the name of the Commissioner of Health, or by and in the name of the local board of health of the municipality, or by and in the name of the municipality, as the case may be.
(cf: P.L.2012, c.17, s.10)
2. This act shall take effect immediately.
STATEMENT
This bill decreases the maximum penalty for violation of certain animal control laws and regulations, and increases penalties for pet shop owners or operators found to be in violation of certain pet shop and animal control laws and regulations.
P.L.1941, c.151 is the State law concerning kennels, pet shops, shelters, and pounds, and animal control issues, especially with respect to dogs. The bill decreases the maximum penalty for a first offense of violating section 2, 4, or 6 of P.L.1941, c.151 to $5. The current maximum penalty is a fine of $50. These provisions of the law concern proper and timely licensing of dogs. The bill also establishes for pet shop owners or operators who violate section 8, 10, or 18 of P.L.1941, c.151, or the regulations adopted pursuant thereto, a penalty of not less than $100 nor more than $1,000 for each offense. The current penalty for anyone violating one of these sections is a fine of $5 to $50, and, under the bill as amended, that penalty would remain the same for anyone who is not a pet shop owner or operator. Section 8 of P.L.1941, c.151 establishes the licensing requirements for kennels, pet shops, shelters and pounds. Section 10 of P.L.1941, c.151 provides that no dog kept in a kennel, pet shop, shelter or pound shall be permitted off the premises, except on a leash or in a crate or other safe control. Finally, section 18 of P.L.1941, c.151 provides that no person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under P.L.1941, c.151.
