Bill Text: NJ A2429 | 2012-2013 | Regular Session | Introduced
Bill Title: Changes title of animal cruelty investigator to "municipal humane law enforcement officer" and defines term in statute.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-16 - Introduced, Referred to Assembly Law and Public Safety Committee [A2429 Detail]
Download: New_Jersey-2012-A2429-Introduced.html
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Changes title of animal cruelty investigator to "municipal humane law enforcement officer" and defines term in statute.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain certified animal control officers and amending and supplementing chapters 19 and 22 of Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1941, c.151 (C.4:19-15.1) is amended to read as follows:
1. As used in P.L.1941, c.151 (C.4:19-15.1 et seq.):
"Animal rescue organization" means an individual or group of individuals who, with or without salary or compensation, house and care for homeless animals in the home of an individual or in other facilities, with the intent of placing the animals in responsible, more permanent homes as soon as possible.
"Animal rescue organization facility" means the home or other facility in which an animal rescue organization houses and cares for an animal.
"Certified animal control officer" means a person 18 years of age or older who has satisfactorily completed the course of study approved by the Commissioner of Health and Senior Services and the Police Training Commission as prescribed by paragraphs (1) through (3) of subsection a. of section 3 of P.L.1983, c.525 (C.4:19-15.16a) for certified animal control officers; or who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L.1983, c.525 for a period of three years before January 17, 1987.
"Dog" means any dog, bitch or spayed bitch.
"Dog of licensing age" means any dog which has attained the age of seven months or which possesses a set of permanent teeth.
"Foster home" means placement of a cat or dog with an individual or group that is not an animal rescue organization for the purpose of temporarily caring for the cat or dog, without the individual or group assuming ownership and with the intent of the individual or group relinquishing the cat or dog to a suitable owner when one is located.
"Kennel" means any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
"Municipal humane law enforcement officer" means a certified animal control officer who has completed the training required pursuant to subsection a. of section 3 of P.L.1983, c.525 (C.4:19-15.16a), which prior to the adoption of rules and regulations pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill) authorized the certified animal control officer to be an animal cruelty investigator, and was authorized by the governing body of a municipality on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) to act as an animal cruelty investigator for the municipality or is properly authorized thereafter to act as a municipal humane law enforcement officer after receiving the training required pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
"Owner" when applied to the proprietorship of a dog shall include every person having a right of property in that dog and every person who has that dog in his keeping, and when applied to the proprietorship of any other animal, including, but not limited to, a cat, shall include every person having a right of property in that animal and every person who has that animal in his keeping.
"Pet shop" means any place of business which is not part of a kennel, wherein animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.
"Pound" means an establishment for the confinement of dogs or other animals seized either under the provisions of this act or otherwise.
"Shelter" means any establishment where dogs or other animals are received, housed and distributed.
"Sterilize" means to render an animal incapable of reproducing by either spaying or neutering.
(cf: P.L.2011, c.142, s.1)
2. Section 3 of P.L.1983, c.525 (C.4:19-15.16a) is amended to read as follows:
3. a. The Commissioner of Health and Senior Services shall, within 120 days after the effective date of P.L.1983, c.525, and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations concerning the training and educational qualifications for the certification of animal control officers, including, but not limited to, a course of study approved by the commissioner and the Police Training Commission, in consultation with the New Jersey Certified Animal Control Officers Association, which acquaints a person with:
(1) The law as it affects animal control, animal welfare, and animal cruelty;
(2) Animal behavior and the handling of stray or diseased animals;
(3) Community safety as it relates to animal control; and
(4) The law enforcement methods and techniques required for [an animal control] a municipal humane law enforcement officer to properly exercise the authority to investigate and sign complaints and arrest without warrant pursuant to section 8 of P.L.1997, c.247 (C.4:19-15.16c), including, but not limited to, those methods and techniques which relate to search, seizure and arrest. The training in law enforcement methods and techniques described pursuant to this paragraph shall be part of the course of study for an animal control officer only when required by the governing body of a municipality pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b) to act as a municipal humane law enforcement officer.
Any person 18 years of age or older may satisfy the courses of study established pursuant to this subsection at that person's own time and expense; however, nothing in this section shall be construed as authorizing a person to exercise the powers and duties of an animal control officer absent municipal appointment or authorization pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b).
b. (1) The commissioner shall provide for the issuance of a certificate to a person who possesses, or acquires, the training and education required to qualify as a certified animal control officer pursuant to paragraphs (1) through (3) of subsection a. of this section and to a person who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L.1983, c.525, for a period of three years before January 17, 1987. The commissioner shall not issue a certificate to any person convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes.
(2) The commissioner shall revoke the certificate of any person convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes, and shall place the name of the person on the list established pursuant to subsection c. of this section.
c. (1) The commissioner shall establish a list of all persons issued a certificate pursuant to subsection b. of this section (a) for whom that certificate has been revoked, or (b) who have been convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes. The commissioner shall provide each municipality in the State with a copy of this list within 30 days after the list is established and not less often than annually thereafter if no revised list required pursuant to paragraph (2) of this subsection has been issued in the interim.
(2) Upon receipt of a notice
required pursuant to section 3 or 4 of P.L.2003, c.67 (C.4:22-57 or
C.2B:12-17.1) involving a person who has been issued a certificate pursuant to
subsection b. of this section, the commissioner shall add to the list the name
of the person convicted of, or found civilly liable for, a violation of any
provision of chapter 22 of Title 4 of the Revised Statutes according to the
notice, and shall issue a copy of the revised list to each
municipality within 30 days after receipt of any such notice.
(cf: P.L.2003, c.67, s.1)
3. Section 4 of P.L.1983, c.525 (C.4:19-15.16b) is amended to read as follows:
4. The governing body of a municipality shall, within three years of the effective date of P.L.1983, c.525, appoint a certified animal control officer who shall be responsible for animal control within the jurisdiction of the municipality and who shall enforce and abide by the provisions of section 16 of P.L.1941, c.151 (C.4:19-15.16). The governing body shall not appoint a certified animal control officer, shall not contract for animal control services with any company that employs a certified animal control officer, and shall revoke the appointment of a certified animal control officer, who has been convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes or whose name is on the list or any revision thereto established and provided by the Commissioner of Health and Senior Services pursuant to subsection c. of section 3 of P.L.1983, c.525 (C.4:19-15.16a). The governing body shall, within 30 days after receipt thereof, review any such list or revision thereto received by the municipality and shall, within that 30-day period, take action accordingly as required pursuant to this section.
The governing body may authorize the certified animal control officer to be the municipal humane law enforcement officer for the municipality, and investigate and sign complaints, arrest violators and otherwise act as an officer for detection, apprehension and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality, if the officer has completed the training required pursuant to paragraph 4 of subsection a. of section 3 of P.L.1983, c.525 (C.4:19-15.16a) to become a municipal humane law enforcement officer.
Only authorized municipal humane law enforcement officers may investigate animal cruelty, sign complaints, and act as officers for detection, apprehension and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality. Only certified animal control officers who have completed the municipal humane law enforcement officer training may be authorized by the governing body to [so] act [an officer for detection, apprehension and arrest of offenders] as a municipal humane law enforcement officer; however, officers who have completed the training shall not have the authority to [so] act as a municipal humane law enforcement officer unless authorized by the governing body which is employing the officer or contracting for the officer's services.
Any rule or regulation adopted pursuant to this section concerning animal cruelty investigators shall apply to municipal humane law enforcement officers until otherwise revised or repealed by the Department of Health and Senior Services.
(cf: P.L.2003, c.67, s.2)
4. Section 8 of P.L.1997, c.247 (C.4:19-15.16c) is amended to read as follows:
8. A certified animal control officer authorized pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b) to act as a municipal humane law enforcement officer shall have the power and authority, within the jurisdiction of the municipality or other entity employing, or contracting for, the [animal control] municipal humane law enforcement officer to:
a. Enforce all laws or ordinances enacted for the protection of animals, including, but not limited to, animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality;
b. Investigate and sign complaints concerning any violation of an animal control, animal welfare or animal cruelty law of the State or ordinance of the municipality; and
c. Act, by virtue of the officer's appointment or employment and in addition to any other power and authority, as an officer for the detection, apprehension and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality.
Upon a request for assistance by a municipality or other entity that does not employ, or contract for, the [certified animal control] properly trained municipal humane law enforcement officer, a [certified animal control] properly trained municipal humane law enforcement officer may, within the jurisdiction of that municipality or other entity making the request, exercise the powers and authority granted pursuant to this section.
(cf: P.L.1997, c.247, s.8)
5. Section 9 of P.L.1997, c.247 (C.4:19-15.16d) is amended to read as follows:
9. A [certified animal control] municipal humane law enforcement officer who signs a complaint, issues a summons, makes an arrest, or otherwise acts [pursuant to his] within the authority conveyed pursuant to P.L.1983, c.525, R.S.4:22-44, or section 8 of P.L.1997, c.247 (C.4:19-15.16c) shall forward within five business days a copy of that complaint, summons, or arrest warrant or report to the New Jersey Society for the Prevention of Cruelty to Animals and shall forward a report of any related court action within thirty calendar days of final disposition.
(cf: P.L.1997, c.247, s.9)
6. R.S.4:22-55 is amended to read as follows:
4:22-55. a. Except as provided pursuant to subsection b. of this section, all fines, penalties and moneys imposed and collected under the provisions of this article, shall be paid by the court or by the clerk or court officer receiving the fines, penalties or moneys, within [thirty] 30 days after the receipt thereof and without demand, to (1) the county society for the prevention of cruelty to animals of the county where the fines, penalties or moneys were imposed and collected, if the county society brought the action or it was brought on behalf of the county society, to be used by the county society in aid of the benevolent objects for which it was incorporated, or (2) in all other cases, the New Jersey Society for the Prevention of Cruelty to Animals, to be used by the State society in aid of the benevolent objects for which it was incorporated.
b. If an enforcement action for a violation of this article is brought primarily as a result of the discovery and investigation of the violation by a certified animal control officer or a municipal humane law enforcement officer, the fines, penalties or moneys collected shall be paid to the municipality in which the violation occurred; and one half to the county society or to the New Jersey Society for the Prevention of Cruelty to Animals, as applicable to the particular enforcement action.
c. Any fines, penalties or moneys paid to a municipality or other entity pursuant to subsection b. of this section shall be allocated by the municipality or other entity to defray the cost of:
(1) enforcement of animal control, animal welfare and animal cruelty laws and ordinances within the municipality; and
(2) the training therefor required of certified animal control officers or municipal humane law enforcement officers pursuant to law , or other animal enforcement related training authorized by law for municipal employees.
(cf: P.L.2005, c.372, s.19)
7. Section 10 of P.L.1997, c.247 (C.4:22-56) is amended to read as follows:
10. Although a municipality and the New Jersey Society for the Prevention of Cruelty to Animals or a county society may share in the receipt of fines, penalties or moneys collected with regard to violations occurring in the municipality pursuant to the provisions of R.S.4:22-55:
a. neither a municipality [or], a certified animal control officer, or a municipal humane law enforcement officer shall be liable for any civil damages as a result of any act or omission of the New Jersey Society for the Prevention of Cruelty to Animals, a county society or an officer thereof with regard to any investigation, arrest or prosecution of a violator with which the municipality [or], certified animal control officer, or municipal humane law enforcement officer was not involved; and
b. neither the New Jersey Society for the Prevention of Cruelty to Animals, a county society or an officer thereof shall be liable for any civil damages as a result of any act or omission of a municipality [or], a certified animal control officer, or a municipal humane law enforcement officer with regard to any investigation, arrest or prosecution of a violator with which the New Jersey Society for the Prevention of Cruelty to Animals, a county society or an officer thereof was not involved.
(cf: P.L.2005, c.372, s.20)
8. (New section) The Department of Health and Senior Services shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), revise or newly adopt rules and regulations providing for the certification and training of certified animal control officers and animal cruelty investigators to provide for the certification and training of municipal humane law enforcement officers.
9. This act shall take effect immediately.
STATEMENT
This bill changes the title of animal cruelty investigator, currently used only in rule and regulation, to "municipal humane law enforcement officer" and defines this term in statute.
Under the bill, these officers require the same training and authorization previously required for animal cruelty investigators and all other provisions of law, rule, and regulation concerning animal cruelty investigators are transferred to authorized municipal humane law enforcement officers. The bill further clarifies in the law, as provided for under current rules and regulations, that only authorized municipal humane law enforcement officers may investigate animal cruelty, sign complaints, and act as officers for detection, apprehension and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and ordinances of a municipality.
