Wednesday, February 4, 2015

New Jersey Animal Impounding Laws

A New Jersey municipality's dog pound may also function as a shelter or the two may be separate.


Animal control in New Jersey is the responsibility of municipal government, but standards are set by state law and supervised by the state Department of Health and Senior Services. Chapter 8:23A of the N.J. Administrative Code contains the regulations for operation and inspection of pounds and other animal facilities, for certifying municipal employees to execute the regulations and laws, and for maintaining a high level of inoculation of pets against rabies.


Definitions


The legal difference between a pound and a shelter is subtle. The permanent statute, 4:19-15.1, defines a pound as an establishment for confining animals that have been seized by authorities and a shelter as an establishment where animals are "received, housed and distributed." They are equivalent "facilities" under the DHSS regulations and must display proof of annual inspection by both health and fire authorities.


Reasons for Impoundment


Section 4:19-16 of the statute authorizes anyone qualified by a municipality to seize any animal running loose, apparently rabid or otherwise ill or injured, or "interfering with the enjoyment of property." Section 4:19-19 lists further conditions for impounding a dog suspected of being vicious or potentially vicious. Whether such a dog is indeed legally vicious and therefore must be euthanized is determined by a municipal judge.


Transportation


Animals on the way to the pound must be transported in ways that protect them and the people who deal with them. Cages can't be stacked without floors to keep one animal's excrement from dropping on another animal. Temperatures must be kept between 45 and 85 degrees except for periods of less than an hour, and the animals must have fresh air to be protected from exhaust fumes; the people transporting them must be able to reach each animal at all times. The cages must be clean and big enough for the animals to stand and turn around.


Hold Times


An animal that has been seized must be held for at least seven days, both for observation for symptoms of rabies and to allow its owner to reclaim it. If it's a dog, cat, or ferret with no identified owner and has bitten a human, it must be either held for 10 days or euthanized for diagnosis of rabies. Other unowned animals that have bitten people can be euthanized immediately.


Redemption by Owners


All facilities are required to clearly post the hours --- at least two hours on each weekday and at least one weekend day --- when owners can come to look for their animals that might have been impounded, as well as a phone number owners can call about their pets. An owner should bring a written description of the animal, its license or photo, and the owner's identification.


Euthanasia


Using neuromuscular-blocking agents such as curare in any part of the process of euthanizing animals is prohibited in New Jersey by section 4:22-19.3. Only injection of a barbiturate or other medication approved for use in the particular species, or the use of a similarly appropriate inhaled anesthetic, is an acceptable method of euthanasia. The procedure must be carried out by or under the supervision of a licensed veterinarian.

Tags: animals that, animals that have, been seized, have been, that have