C o n c e r n i n g N e c e s s a r y C a r e o f P e t s

C O N C E R N I N G N E C E S S A R Y C A R E O F P E T S-Free PDF

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NEW JERSEY LAW,CONCERNING,CARE OF PETS,AND CERTAIN. The New Jersey State Bar,Foundation gratefully acknowledges. Andrea Joy Albrecht Esq Judith,Keilp Esq and William J Zaorski. Esq members of the New Jersey,State Bar Association s Animal Law. Committee who wrote and edited,the following material.
This pamphlet is issued as a public,education service by the New Jersey. State Bar Foundation and does not,constitute legal advice which should. only be given by your attorney,2018 New Jersey State Bar Foundation. The Law N J S A 4 22 17 et seq, In August 2017 New Jersey enacted a law establishing requirements for the proper. sheltering of dogs and other companion animals those commonly referred to as. pets as well as laws regarding the tethering of dogs. The new law does not apply to agricultural animals such as domestic livestock. I Proper Shelter Under Adverse,Environmental Conditions.
Under the new law it is unlawful to expose any dog domestic companion animal. or service animal to adverse environmental conditions for more than 30 minutes. unless the animal has continuous access to Proper Shelter as set forth below. Adverse environmental conditions include, 1 COLD a temperature of 32 degrees Fahrenheit or below or wind rain snow. ice sleet or hail that a person should reasonably know would pose an adverse risk to. the health or safety of the animal based on the animal s size age physical condition. or thickness of the animal s hair or fur or, 2 HEAT a temperature of 90 degrees Fahrenheit or above or exposure to direct. sunlight or hot pavement or any other hot surfaces such as a roof that a person. should reasonably know would pose an adverse risk to the health or safety of the. animal based on the animal s size age physical condition or thickness of the. animal s hair or fur N J S A 4 22 17 1, Proper Shelter meets at a minimum the following standards and requirements. Provides adequate ventilation to allow the animal to remain dry and maintain its. normal body temperature with access to clean liquid water not frozen exposure. to natural or artificial light in a regular cycle of day and night sufficient space for. the animal to easily turn around in a full circle and lie down on its side with limbs. outstretched and enough room so the animal s head cannot touch the ceiling of the. shelter when the animal is in a normal sitting position N J S A 4 22 17 5. The shelter also must be maintained to minimize the accumulation of waste debris. precipitation or other moisture inside around and underneath the area of the. shelter and to provide reasonable protection from flooding The shelter should. also be constructed to prevent the sagging or collapse of any part and be. maintained with no exposed sharp points or edges remaining in an upright. position at all times, Under the COLD adverse environmental conditions set forth above the shelter. should be enclosed with a solid roof and walls with a single opening no larger than. necessary to allow the animal to comfortably enter and exit the structure and a. floor that is not the ground and insulation dry bedding and a windbreak flap at. the entrance that are sufficient to keep the animal dry and maintain the animal s. normal body temperature, Under the HEAT adverse environmental conditions set forth above the shelter.
should provide the animal with adequate shade or other cooling area by natural or. artificial means such as a fan to allow the animal to maintain a normal body. temperature, Any part of the residence of the animal s owner or other person with custody or. control of an animal shall be Proper Shelter if the part of the residence and the. use thereof are in compliance with the requirements set forth above. Notwithstanding the above requirements with regard to access to water a person. may confine a dog domestic companion animal or service animal without. providing access to water at all times if the animal is confined indoors and in the. primary living space of the residence of the owner or other person with custody or. control of the animal, The above requirements of Proper Shelter shall not apply if any person including. the animal s owner or person with custody or control of the animal. 1 is with the animal and in the same adverse environmental conditions and. 2 can see the animal at all times while exposed to the adverse environmental. conditions unless the person is blind 1 or visually impaired in which case the. person shall remain immediately adjacent to the animal at all times. The above requirements for Proper Shelter do not apply to licensed veterinary. medicine facilities and licensed kennels pet shops animal shelters and pounds. when operating in compliance with their applicable rules and regulations. The following places are examples of places which are NOT Proper Shelter. A space under a building such as a crawl space or underneath a deck or stoop the. space underneath a vehicle or inside a vehicle if a person should reasonably know it. poses an adverse risk to the health or safety of the animal any structure made from. pressure treated wood containing the chemicals arsenic or chromium with a floor. consisting of wire or chain link or with openings through which the paw hoof or. foot of an animal can pass or a structure located outdoors and made from. cardboard or other materials that are easily degraded by the elements N J S A. 4 22 17 5c, 1 Blind as used herein means a person whose vision in the person s better eye. with proper correction does not exceed 20 200 or who has a field defect in the. person s better eye with proper correction which contracts the peripheral field so. that the diameter of the visual field subtends an angle no greater than 20 degrees. and visually impaired means having a condition in which a person has a corrected. visual acuity not exceeding 20 70 but not less than 20 200 in the person s better. eye or in which the peripheral field of the person s vision has contracted so that the. diameter of the visual field subtends an angle no greater than 40 degrees but no less. than 20 degrees,Proper Conditions for Transport, The above provisions for Proper Shelter do not apply during transport of the. animal however the following requirements apply, 1 A person may confine an animal temporarily in an animal carrier or crate for.
the purposes set forth in the next paragraph provided that a during transport the. animal is at all times inside the vehicle being used for transport and b during. confinement in the animal carrier or crate the top of the head of the animal cannot. touch the ceiling of the animal carrier or crate when the animal is in a normal. standing position in the animal carrier or crate and the animal can easily turn. around in a full circle and lie down on its side in the animal carrier or crate. 2 A person may confine an animal temporarily in an animal carrier or crate for. the purpose of a transport b any exhibition show contest or other temporary. event at which the skill breeding or stamina of the animal is judged or examined. or c in the case of a dog any exhibition class training session or other temporary. event at which the dog is used or is being trained to hunt wildlife in a lawful. manner N J S A 4 22 17 4,Proper Treatment of Animals During an Evacuation. The above provisions for Proper Shelter do not apply during an Evacuation with. the animal however the following requirements apply. When State or local officials issue an order of evacuation due to weather or other. emergency conditions an owner or other person with custody or control of a dog. domestic companion animal or service animal shall make every effort to evacuate. with the animal and shall not leave the animal indoors or outdoors while. unattended and tethered If evacuation with the owner or other person with. custody or control of the animal is not an option the owner or other person with. custody or control of the animal shall make every effort to. 1 deliver the animal to a safe haven not impacted by the emergency which may. include but is not limited to a licensed kennel shelter or pound temporary animal. shelter established for the purposes of the emergency the residence of a friend. relative or other caregiver or other suitable facility capable of ensuring the. animal s safety or, 2 secure the animal in an indoor area that is clear of hazards and is as protective of. the animal as possible under the circumstances and alert local emergency. responders to the animal s location, Paragraphs 1 and 2 do not apply to any cat living outside with no apparent owner. a feral cat N J S A 4 22 17 2, Liability for failure to provide Proper Shelter Proper. Conditions for Transport or Proper Treatment of Animals. During an Evacuation, 1 The owner of an animal shall be liable for a violation of this section that occurs.
on or in any property belonging to the owner or on which the owner resides or in. any vehicle belonging to the owner at the time of the violation regardless of. whether the owner is present when the violation occurs. 2 The person with custody or control of an animal who is not the owner of the. animal shall be liable for a violation of this section that occurs on or in any. property belonging to the person with custody or control of the animal or on. which the person with custody or control of the animal resides or in any vehicle. belonging to the person with custody or control of the animal at the time of the. violation regardless of whether the person is present when the violation occurs. N J S A 4 22 17 4, Violations under this section of the law shall constitute failure to provide necessary. care pursuant to N J S A 4 22 17 and N J S A 4 22 26 and a violator shall be subject. to the applicable penalties set forth in those sections N J S A 4 22 17 8. II Restrictions on Cruel Restraint of Dogs, Tether means to fasten or attach a dog with a cable chain rope or other similar. object to a stationary object including but not limited to a doghouse tree stake. pole fence or wall or to a device that is mobile including but not limited to a. trolley or pulley such as a dog run cable or moveable clothesline in order to. restrict the dog s movement A tether also means the cable chain rope or other. similar object, It is unlawful for any person to cruelly restrain a dog by tethering a dog. 1 which is a nursing female or a puppy less than four months old. 2 outdoors between the hours of 11 p m and 5 a m this paragraph shall not take. effect until 18 months after August 7 2017, 3 in an unoccupied building or upon vacant property. 4 in a manner that does not permit the dog continuous access to water in a. sanitary and liquid state not frozen whenever the dog is tethered for more than 30. 5 in a manner that exposes the dog to adverse environmental conditions as. described above for more than 30 minutes, 6 by means of a choke collar prong collar head harness or any other type of.
collar harness or similar device other than a properly fitted body harness or. buckle type collar, 7 by using a chain with metal links that are more than one quarter of an inch. thick or a tether collar or harness to which a weight is attached. 8 with a tether on which more than one dog is restrained. 9 with a tether that is less than 15 feet in length or which does not permit the dog. to walk at least 15 feet in any one direction this paragraph does not apply if the dog. is indoors and a person is indoors with the dog or. 10 with a tether that permits the dog to reach another dog or an object or. location that poses a risk of entanglement strangulation drowning or other harm. to the health or safety of the dog including but not limited to another dog s tether. or a window sill fence wall porch terrace railing vehicle tree pole pool or public. road or highway, Paragraphs 2 9 and 10 listed above shall not apply if any person including the. dog s owner or the person with custody or control of the dog is in the presence of. the dog at all times while the dog is tethered whether indoors or outdoors and can. see the dog at all times while the dog is tethered unless the person is blind or. visually impaired so that the person cannot see the dog due to the blindness or. visual impairment in which case the person shall remain immediately adjacent to. the dog at all times while the dog is tethered N J S A 4 22 17 3. Liability for Cruel Restraint of Dogs, The owner of a dog shall be liable for a violation of the above that occurs on any. property belonging to the owner or on which the owner resides at the time of the. violation regardless of whether the owner is present when the violation occurs. The person with custody or control of a dog who is not the owner of the dog shall. be liable for a violation of the above that occurs on any property belonging to the. person with custody or control of the dog or on which the person with custody or. control of the dog resides at the time of the violation regardless of whether the. person is present when the violation occurs, Violations under this section of the law regarding tethering shall be subject to. 1 for a first offense at the discretion of the court a fine of 100 and. 2 for a second offense at the discretion of the court a fine of 200. For a third or subsequent offense the offense shall constitute failure to provide. necessary care pursuant to R S 4 22 17 and R S 4 22 26 and a violator shall be. The new law does not apply to agricultural animals such as domestic livestock I Proper Shelter Under Adverse Environmental Conditions Under the new law it is unlawful to expose any dog domestic companion animal or service animal to adverse environmental conditions for more than 30 minutes unless the animal has continuous access to Proper Shelter as set forth below Adverse

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