Bill Text: NJ A4898 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires establishment of municipal animal control programs and DOH oversight over such programs; appropriates $500,000 for grants to municipalities for associated costs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-10-17 - Introduced, Referred to Assembly Commerce, Economic Development and Agriculture Committee [A4898 Detail]
Download: New_Jersey-2024-A4898-Introduced.html
Sponsored by:
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
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 officer's 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 or the county humane law enforcement officer and obtain proper care for the animal;
(3) if the animal is presumed to be a stray domestic companion animal or an animal living outdoors with no apparent owner, and the animal does not appear to require immediate veterinary care, the animal control officer shall take control of the animal and place the animal in an animal shelter, pound, or kennel operating as a shelter or pound pursuant to section 16 of P.L.1941, c.151 (C.4:19-15.16); or
(4) if the animal is a dog that has attacked or injured a person or another animal and is presumed to be vicious or potentially dangerous, the certified animal control officer shall comply with the provisions of sections 3 and 4 of P.L.1989, c.307 (C.4:19-19 and C.4:19-20).
f. The licensed veterinarian providing proper care of the animal pursuant to paragraph (1) of subsection e. of this section shall have the sole discretion to humanely euthanize the animal if the animal is suffering irremediable pain, is beyond hope of recovery, and the owner of the animal is unknown or cannot be consulted within a reasonable amount of time, as determined by the licensed veterinarian.
g. The certified animal control officer shall file a report and maintain records of any response to 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 pursuant to subsection e. of this section, in the manner required and provided for pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
h. The Department of Health shall establish procedures for the reporting and maintenance of records by the certified animal control officer, contracted animal control service, and each municipality of reports of any animal outside of the control of an owner, animals creating a threat to public health or safety, or interfering with the enjoyment of property, dog attacks, and other incidents involving animals, and the response time of the certified animal control officer to those reports. The department shall annually inspect the records maintained by each municipality pursuant to this section and shall make recommendations to the municipality concerning compliance with the requirements of this section.
3. a. Whenever a municipality elects to contract animal control services in lieu of, or in addition to, the appointment of an animal control officer or municipal humane law enforcement officer pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b), or whenever a municipality is contracting the services of a certified animal control officer, prior to entering into a contract, as applicable, the municipal health officer of the municipality shall review the terms and conditions of the contract and ensure the following provisions are included in the contract:
(1) provisions for the private animal control service or certified animal control officer, as applicable, to comply with the requirements for adequate, timely response to stray or surrendered animals and other animal control concerns, suspected rabies, and vicious dog related incidents or complaints established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) documentation, and the annual update thereof, of (a) the State certification of each animal control officer employed by the private animal control service or the certified animal control officer, as applicable, (b) the eligibility of each animal control officer pursuant to subsections b. and c. of section 3 of P.L.1983, c.525 (C.4:19-15.16a);
(3) documentation of (a) impoundment space available to the private animal control service or certified animal control officer, as applicable, (b) its adequacy for the present and projected intake of animals from all municipalities contracting with the private animal control service or certified animal control officer, as applicable, and (c) provisions for ensuring the impoundment space would be increased as necessary to provide for animal intake, including any additional cost and how the additional cost shall be provided for; and
(4) any other provisions necessary to ensure full compliance with State animal control laws and regulations.
b. The municipal health officer shall require, in a contract with the private animal control service or certified animal control officer, as applicable, any necessary revisions to the provisions of the proposed contract that do not comply with all State laws and regulations and the requirements of subsection a. of this section. The municipality shall not enter into any contract with a private animal control service or certified animal control officer, as applicable, until all the provisions of the contract comply with all State animal control laws, rules and regulations adopted pursuant thereto, including the requirements of subsection a. of this section.
c. When a municipality proposes entering into a contract with a private animal control service or certified animal control officer, as applicable, the municipality submit a copy of the proposed contract to the State Office of Veterinary Public Health for approval and proof of compliance with the requirements of subsection b. of this section. In the event that a municipal health officer or a municipality does not comply with the requirements of subsection b. of this section, the State Office of Veterinary Public Health shall intervene in the contracting of the private animal control service or certified animal control officer, as applicable, by the municipality and shall ensure compliance with this section.
d. To ensure the optimum implementation of a municipal animal control program, the State Office of Veterinary Public Health may revise as necessary any provision of a contract concerning paragraph (1) or (3) of subsection a. of this section if (a) the noncompliance results from a lack of sufficient funding, and (b) the municipality demonstrates to the satisfaction of the Department of Health that the municipality is unable to provide sufficient funding of the requirement without revising the contract provisions.
4. a. Each municipality shall establish, within its municipal animal control program, a program to address the issue of homeless cats in the municipality, and implement the homeless cat program through the enactment of an ordinance or resolution. The homeless cat program may include impoundment of homeless cats in shelters or pounds, housing and caring for homeless cats in animal rescue organization facilities or foster homes, regulating and overseeing cat colonies in the municipalities, humanely euthanizing homeless cats, or any other humane methods of addressing homeless cats in the municipality. The municipal health officer of the municipality shall be oversee the homeless cat program and shall annually report to the Office of Veterinary Public Health concerning the implementation of the program.
b. When a municipality establishes a homeless cat program to regulate and oversee cat colonies in the municipality, the ordinance or resolution establishing the program shall provide for assignment of care for the cat colony to vetted individuals or representatives of an animal rescue organization, or the certified animal control officer or the private animal control services contracted by the municipality, or a combination thereof. The ordinance or resolution shall provide for the management of veterinary care for the cat colony, oversight of the administration of veterinary care, and, for any cat in the cat colony that is not ear-tipped, the capture, spay or neutering, ear-tipping, vaccination, and return of the ear-tipped cat to the cat colony.
c. A person assigned by the municipality to care for a cat colony pursuant to subsection b. of this section shall maintain records on the population of the cat colony, care provided to the cats in the cat colony, management of veterinary care for the cat colony and administration of the veterinary care, and the number of cats annually spayed, neutered, ear-tipped, vaccinated, and returned to the cat colony. A person contracted by a municipality to care for a cat colony shall report annually to the municipal health officer and the governing body of the municipality concerning the implementation of the care of the cat colony, and shall make any records maintained pursuant to this subsection available to the municipal health officer and the governing body of the municipality upon request.
5. a. The Department of Health, as part of its annual budget request to the Legislature, shall request monies sufficient to provide grants to defray the cost to municipalities to comply with the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. As part of the rules and regulations adopted pursuant to subsection f. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Health shall establish ranking criteria and application procedures for the award of monies available from the department to municipalities to defray the cost to comply with the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. There is appropriated from the General Fund to the Department of Health $500,000 for grants to municipalities to defray the cost to comply with the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill).
7. This act shall take effect immediately.
STATEMENT
This bill requires each municipality to establish a municipal animal control program that provides animal control services in the municipality, implements the provisions and requirements established in the bill, and enforces State laws, rules, and regulations concerning animal control and animal cruelty. The bill also establishes additional requirements and components for municipal animal control programs and establishes Department of Health (DOH) oversight over municipal animal control programs. In addition, the bill:
(1) requires each municipality to prioritize funding of its municipal animal control program when allocating municipal funds for the purpose of animal control;
(2) establishes a grant program administered by the DOH to assist with funding the requirements established by the bill; and
(3) makes an initial appropriation of $500,000 for these grants.
The bill requires each municipality to 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. The municipal health officer is required to:
(1) 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
(2) provide a quarterly report 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 the applicable State laws and regulations.
The bill directs the DOH to consult with the municipal health officers and 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 and addressed through a process developed by that office.
The bill establishes requirements concerning the municipal response to reports 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 provision for compliance with these requirements in any contract of a private animal control service or a certified animal control officer, as enumerated in sections 2 and 3 of the bill.
The bill authorizes the State Office of Veterinary Public Health to intervene in the contracting of a private animal control service or certified animal control officer by a municipality, if the municipal health officer or the municipality do not comply with the contract requirements in the bill. The bill further authorizes the State Office of Veterinary Public Health to revise as necessary, provisions of the contract concerning impoundment of animals and animal control officer response to reports of an animal outside of the control of an owner, animals creating a threat to public health or safety, or interfering with the enjoyment of property, if the revision is required by a lack of funding which the municipality demonstrates to the satisfaction of the Department of Health.
In addition, the bill requires each municipal animal control program to include implementation of a homeless cat program through the enactment of an ordinance or resolution. The homeless cat program may implement any humane method of addressing homeless cats in the municipality, but if the municipality chooses to permit cat colonies in the municipality, the bill establishes additional requirements.
If a cat colony is permitted, the municipal ordinance or resolution is required to provide for the assignment of care for the cat colony to vetted individuals or representatives of an animal rescue organization contracted by the municipality, or the certified animal control officer or the private animal control services contracted by the municipality, or a combination thereof. Furthermore, the ordinance or resolution shall provide for the management of veterinary care for the cat colony, oversight of the administration of veterinary care, and the person assigned care of the cat colony is required to maintain records on its care and report annually to the governing body of the municipality and the State Office of Veterinary Public Health concerning the oversight of the cat colony. The bill also provides that any cat in the cat colony that is not ear-tipped must be captured, spayed or neutered, ear-tipped, vaccinated, and returned to the cat colony.
Finally, the bill authorizes the DOH to adopt rules and regulations necessary to implement the bill's provisions and coordinate the implementation of municipal animal control programs to ensure uniform enforcement of animal control and concerns related to animal control throughout the State.
