Read the full stored bill text
A2105
ASSEMBLY, No. 2105
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
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
���� Introduced Pending Technical Review by Legislative
Counsel.
��
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.