Current Law

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This is a summary of the law to provide you with information and does not contain the full text of the law. You should not make any decisions without consulting the full text of the law. To read the full text, go here. Click on "statutes" in the left hand column under "Laws and Constitution" and then enter the statute number in quotation marks in the "Search" box, e.g., "4:19-1". That will bring up a link to the full text of the statute.

Definitions relative to sales of cats and dogs. §56:8-93

As used . . . this act:

        "Animal" means a cat or dog;

        "Consumer" means a person purchasing a cat or dog;

        "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety;

        "Division" means the Division of Consumer Affairs in the Department of Law and Public Safety;

        "Pet dealer" means any person engaged in the ordinary course of business in the sale of cats or dogs to the public for profit or any person who sells or offers for sale more than five cats or dogs in one year;

        "Pet Shop" means a pet shop as defined in . . . C:19-15.1

      "Quarantine" means to hold in segregation from the general population any cat or dog because of the presence or suspected presence of a contagious or infectious disease;

        "Unfit for purchase" means any disease, deformity, injury, physical condition, illness or defect which is congenital or hereditary and severely affects the health of the animal, or which was manifest, capable of diagnosis or likely contracted on or before the sale and delivery of the animal to the consumer. The death of an animal within 14 days of its delivery to the consumer, except by death by accident or as a result of injuries sustained during that period, shall mean the animal was unfit for purchase; and

        "Veterinarian" means a veterinarian licensed to practice in the State of New Jersey.

Construction of act. §56:8-94

No provision of this act shall in any way to alter, diminish, replace, or revoke the requirements for pet dealers that are not pet shops or the rights of a consumer purchasing an animal from a pet dealer that is not a pet shop, as may be provided elsewhere in law or any rule or regulation adopted pursuant thereto. Except as provided in section 4 and section 5 of P.L.1999, c.336 (C.56:8-95 and C.56:8-96), any provision of law pertaining to pet shops, or rule or regulation adopted pursuant thereto, shall continue to apply to pet shops. No provision of this act shall be construed in any way to alter, diminish, replace, or revoke any recourse or remedy that is otherwise available to a consumer purchasing a cat or a dog from a pet shop under any other law.

Noncompliance by pet shop considered deceptive practice.   §56:8-95

        a.    Notwithstanding the provisions of any rule or regulation adopted pursuant to Title 56 of the Revised Statutes as such provisions are applied to pet shops, it shall be a deceptive practice for any owner or operator of a pet shop, or employee thereof, to sell animals within the State without complying with the provisions and requirements of this section.

        b.Within five days prior to the offering for sale of any animal, the owner or operator of a pet shop, or employee thereof, shall have the animal examined by a veterinarian licensed to practice in the State. The name and address of the examining veterinarian, together with the findings made and treatment, if any, ordered as a result of the examination, shall be noted on the animal history and health certificate for each animal as required by regulations adopted pursuant to Title 56 of the Revised Statutes. If fourteen days have passed since the last veterinarian examination of the animal, the owner or operator of the pet shop, or employee thereof, shall have the animal reexamined by a veterinarian licensed to practice in the State as provided for in subsection g. of this section, except as otherwise provided in that subsection.

        c.Each cage in a pet shop shall have a label identifying the sex and breed of each animal kept in the cage, the date and place of birth of each animal, and the name and address of the veterinarian attending to the animal and the date of the initial examination of the animal.

        d.The owner or operator of a pet shop, or employee thereof, shall quarantine any animal diagnosed as suffering from a contagious or infectious disease, illness, or condition and may not sell such an animal until such time as a veterinarian licensed to practice in the State treats the animal and determines that such animal is free of clinical signs of infectious disease or that the animal is fit for sale. All animals required to be quarantined pursuant to this subsection shall be placed in a quarantine area, separated from the general animal population of the pet shop.

        e.The owner or operator of a pet shop, or designated employee thereof, may inoculate and vaccinate animals prior to purchase only upon the order of a veterinarian.   No owner or operator of a pet shop, or employee thereof, may represent, directly or indirectly, that the owner or operator of the pet shop, or any employee thereof, other than a veterinarian, is qualified to, directly or indirectly, diagnose, prognose, treat, or administer for, prescribe any treatment for, operate concerning, manipulate or apply any apparatus or appliance for addressing, any disease, pain, deformity, defect, injury, wound or physical condition of any animal after purchase of the animal, for the prevention of, or to test for, the presence of any disease, pain, deformity, defect, injury, wound or physical condition in an animal after its purchase. These prohibitions include, but are not limited to, the giving of inoculations or vaccinations after purchase, the diagnosing, prescribing and dispensing of medication to animals and the prescribing of any diet or dietary supplement as treatment for any disease, pain, deformity, defect, injury, wound or physical condition.

        f.The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall provide each owner or operator of a pet shop with notification forms, to be signed by the owner or operator of the pet shop, or employee thereof, and the consumer at the time of purchase of an animal. The notification form shall provide the following:

                (1)The full text of the rights and responsibilities provided for in subsection h. of this section;

                (2) The full text and description of the recourse to which the consumer is entitled pursuant to subsection i. of this section;

                (3)The statement that it is the responsibility of the consumer to obtain such certification within the required amount of time provided by subsection h. of this section;

                (4)The full text of the rights and responsibilities of the owner or operator of the pet shop, and the employees thereof, and the consumer provided in subsection l. of this section; and

             (5)The notification, reporting and enforcement provisions provided in section 5 of P.L.1999, c.336 (C.56:8-96), including the name and address of the local health authority with jurisdiction over the pet shop.

        The owner or operator of the pet shop, or an employee thereof, shall obtain the signature of the consumer on the form and shall also sign the form at the time of purchase of an animal, and shall provide the consumer with a signed copy of the form and retain a copy of the form on the pet shop premises. Copies of all such notices shall be readily available for inspection by an authorized representative of the Division of Consumer Affairs, upon request. No pet shop owner or operator, or employee thereof, may construe or use the signed notification form required pursuant to this subsection as an abdication of the right to recourse provided for in subsection i., or as a selection of recourse pursuant to subsection k. of this section.

        g.The owner or operator of a pet shop, or an employee thereof, shall have any animal that has been examined more than 14 days prior to the date of purchase, reexamined by a veterinarian for the purpose of disclosing its condition, within 72 hours of the delivery of the animal to the consumer, unless the consumer has waived the right to the reexamination in writing. The owner or operator of a pet shop, or an employee thereof, shall provide a copy of the written waiver to the consumer prior to the signing of any contact or agreement to purchase the animal and the written waiver shall be in the form established by the director by regulation.

        h.If at any time within 14 days after the sale and delivery of an animal to a consumer, the animal becomes sick or dies and a veterinarian certifies, within the 14 days after the date of purchase of the animal by the consumer, that the animal is unfit for purchase due to a non-congenital cause or condition, or that the animal died from causes other than an accident, the consumer is entitled to the recourse described in subsection i. of this section.

        If the animal becomes sick or dies within 180 days after the date of purchase and a veterinarian certifies, within the 180 days after the date of purchase of the animal by the consumer, that the animal is unfit for sale due to a congenital or hereditary cause or condition, or a sickness brought on by a congenital or hereditary cause or condition, or died from such a cause or condition or sickness, the consumer shall be entitled to the recourse provided in subsection i. of this section.

        It shall be the responsibility of the consumer to obtain such certification within the required amount of time provided by this subsection, unless the owner or operator of the pet shop, or the employee thereof selling the animal to the consumer, fails to provide the notice required pursuant to subsection f. of this section. If the owner or operator of the pet shop, or the employee thereof, fails to provide the required notice, the consumer shall be entitled to the recourse provided for in subsection i. of this section.

        i.Only the consumer shall have the sole authority to determine the recourse the consumer wishes to select and accept, provided that the recourse selected is one of the following:

                (1)The right to return the animal and receive a full refund of the purchase price, including sales tax, plus the reimbursement of the veterinary fees, including the cost of the veterinarian certification, incurred prior to the receipt by the consumer of the veterinarian certification;

                (2)The right to retain the animal and to receive reimbursement for veterinary fees incurred prior to the consumer's receipt of the veterinarian certification, plus the future cost of veterinary fees to be incurred in curing or attempting to cure the animal, including the cost of the veterinarian certification;

                (3)The right to return the animal and to receive in exchange an animal of the consumer's choice, of equivalent value, plus reimbursement of veterinary fees, including the cost of the veterinarian certification, incurred prior to the consumer's receipt of the veterinarian certification; or

                (4)In the event of the death of the animal from causes other than an accident, the right to a full refund of the purchase price of the animal, including sales tax, or another animal of the consumer's choice of equivalent value, plus reimbursement of veterinary fees, including the cost of the veterinarian certification, incurred prior to the death of the animal.

        The consumer shall be entitled to be reimbursed an amount for veterinary fees up to and including two times the purchase price, including sales tax, of the sick or dead animal. No reimbursement of veterinary fees shall exceed two times the purchase price, including sales tax, of the sick or dead animal.

        j.The veterinarian shall provide to the consumer in writing and within the seven days after the consumer consults with the veterinarian any certification that is appropriate pursuant to this section upon the determination that such certification is appropriate. The certification shall include:

                (1)The name of the owner;

                (2)The date or dates of examination;

                (3)The breed, color, sex and age of the animal;

                (4)A statement of the findings of the veterinarian;

                (5)A statement that the veterinarian certifies the animal to be "unfit for purchase";

                (6)An itemized statement of veterinary fees incurred as of the date of certification;

                (7)If the animal may be curable, an estimate of the possible cost to cure, or attempt to cure, the animal;

                (8)If the animal has died, a statement establishing the probable cause of death; and

                (9)The name and address of the certifying veterinarian and the date of the certification.

        k.Upon the presentation of the veterinarian certification required in subsection j. of this section to the pet shop, the consumer shall select the recourse to be provided and the owner or operator of the pet shop, or the employee thereof, shall confirm the selection of recourse in writing. The confirmation of the selection shall be signed by the owner or operator of the pet shop, or an employee thereof, and the consumer and a copy of the signed confirmation shall be given to the consumer and retained by the owner or operator of the pet shop, or employee thereof, on the pet shop premises. The confirmation of the selection shall be in the form established by the director by regulation.

        l.The owner or operator of the pet shop, or an employee thereof, shall comply with the selection of recourse by the consumer no later than 10 days after the receipt of the veterinarian certification and the signed confirmation of selection of recourse form. In the event the owner or operator of the pet shop, or an employee thereof, wishes to contest the selection of recourse of the consumer, the owner or operator of the pet shop, or an employee thereof, shall notify the consumer and the director in writing within the five days after the receipt of the veterinarian certification and the signed confirmation of selection of recourse form. After notification to the consumer and the director of the division, the owner or operator of the pet shop, or an employee thereof, may require the consumer to produce the animal for examination by a veterinarian chosen by the owner or operator of the pet shop, or employee thereof, at a mutually convenient time and place, except if the animal has died and was required to be cremated for public health reasons. The director shall set, upon receipt of such notice of contest on the part of the owner or operator of the pet shop, or an employee thereof, a hearing date and hold a hearing, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and the Uniform Administrative Procedure Rules adopted pursuant thereto, to determine whether the recourse selected by the consumer should be allowed. The consumer and the owner or operator of the pet shop, or employee thereof, shall be entitled to any appeal of the decision resulting from the hearing as may be provided for under the law, or any rule or regulation adopted pursuant thereto, but upon the exhaustion of such remedies and recourse, the consumer and the owner or operator of the pet shop shall comply with the final decision rendered.

        m.Any owner or operator of a pet shop, or employee thereof, shall be guilty of a deceptive practice if the owner or operator, or employee thereof, secures or attempts to secure a waiver of any of the provisions of this section except as specifically authorized under subsection g. of this section.

        n.The owner of a pet shop shall be responsible and liable for any recourse or reimbursement due to a consumer because of violations of any provisions of this section by the owner or operator of the pet shop, or any employee thereof, or because of any document signed pursuant to this section by the owner or operator of the pet shop, or any employee thereof.

4:19-1. Annual dog taxes
    In municipalities where there is no constraint or ordinance restraining the running of dogs at large, there shall be a one dollar tax for the first dog age six months and older and two dollars per additional dog. A further annual dog tax may be levied when legally ordered.

4:19-2. Assessors to set down number of dogs owned
   Assessors shall record the number of dogs owned or harbored at the time of the annual assessment.

4:19-3. Refusal to report number and age of dogs; penalty
   Anyone refusing or willfully neglecting to give the assessor a true account of the number of dogs taxable shall be liable to a penalty of five dollars per dog plus costs.

4:19-4 Use of tax collections to pay claims; handling of fund
   Revenue from the tax shall be used to make good any losses sustained by the destruction or wounding of sheep, lambs, domestic animals or poultry, except dogs and cats

   Claims shall be paid in the order presented, if there are sufficient funds. If the funds are not sufficient to pay the claims in any year, the assessment for the following year shall be raised to cover the claims.

     If there is not sufficient money on hand in the fund, the claims, as and when approved, shall be held and paid as soon as the collections from the tax will permit. If the collections from the tax in any year are not sufficient to pay all the claims presented and approved, there shall be assessed and collected in the following year a tax in addition to the annual tax provided in this article, which shall be sufficient to pay such claims.

   It is a misdemeanor to use the general funds of a municipality to pay claims or to use the monies from the dog tax in a way other than provided in the statute.

4:19-6. Suit by municipality against owner
   If any claim for damage is presented and allowed by the governing body of a municipality, the municipality may sue to owner of the offending dog to recover the amount paid.

4:19-7. Effect of article on owner's liability
   A civil action may be brought by a person for the full amount of the damages sustained by him and in such action it shall not be necessary to prove that the dog was accustomed to commit the injury complained of or a similar injury. This article does not exempt the owner from liability. However, the presentation of a claim for damages to the governing body of a municipality shall constitute a waiver of all claims against the owner.

4:19-8.  Failure to kill dog found worrying livestock, penalty
    An owner or person harboring a dog which is found killing, worrying or wounding any sheep, lamb, domestic animal or poultry, who shall, after being informed thereof, fail to kill the dog within twenty-four hours after receiving such information, shall be liable, to any person who shall sue for the same, to a penalty of ten dollars ($10.00), to be recovered with costs by a civil action before the Superior Court and shall also pay triple damages for any injury done.

4:19-9. Right to destroy offending dogs
    A person may humanely destroy a dog in self defense, or which is found chasing, worrying, wounding or destroying any sheep, lamb, poultry or domestic animal.

4:19-15.1 Definitions.

     1. "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.

     "Dog" shall mean any dog, bitch or spayed bitch.

     "Dog of licensing age" shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.

     "Kennel" shall mean any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.

     "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" shall mean 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" shall mean an establishment for the confinement of dogs or other animals seized either under the provisions of this act or otherwise.

    "Shelter" shall mean any establishment where dogs or other animals are received, housed and distributed.

4:19-15.2. Dogs; license and metal registration tag required; placing tag on dog
    Any person who shall own, keep or harbor a dog of licensing age shall annually or every third year, in accordance with a 3-year dog license or renewal thereof apply for and procure from the clerk of the municipality or other official designated by the governing body thereof, a license and official metal registration tag for each such dog so owned, kept or harbored, and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.

4:19-15.2a. Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license
    No license and official metal registration tag shall be granted unless the owner provides evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Health, Education, and Welfare, or has been certified exempt as provided by regulations of the State Department of Health.   Such vaccination shall be repeated at intervals as provided by regulations of the State Department of Health, and shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.

4:19-15.3. Application, renewal of dog license; fee; exemptions
   The person applying for the license and registration tag shall pay the fee fixed or authorized and the sum of $1.00 for a one-year registration tag or $3.00 for a three-year registration tag for each dog; and for each renewal, the fee for the license and for the registration tag shall be the same as for the original license and tag. The governing body of a municipality may stagger the expiration of such annual licenses so long as all expirations occur no later than June 30 in the calendar year stated on the license.

     Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and such license and tag shall be accepted by all municipalities as evidence of compliance with this section.

     Dogs used as guides for blind persons, dogs used to assist handicapped persons or dogs used to assist deaf persons shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.

     License forms and uniform official metal registration tags designed by the State Department of Health shall be furnished by the municipality and shall be numbered serially and shall bear the year of issuance and the name of the municipality.

4:19-15.3a. Staggered expiration of licenses, prorated fees
. All annual licenses shall expire no later than June 30 in the calendar year next following issuance; provided that the license and registration tag fee shall be prorated for any license and registration tag which is valid for longer than 12 months. The governing body of a municipality may stagger the expiration of such annual licenses so long as all expirations occur no later than June 30 in the calendar year next following issuance.

4:19-15.3b. Additional fee; dog of reproductive age without permanent alteration of reproductive capacity; disposition
    a. In addition to the fee charged and forwarded to the Department of Health pursuant, any person applying for the license and registration tag shall pay a fee of $3.00 for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization.

    b. All fees collected pursuant to the provisions of this section and section 5 of this amendatory and supplementary act shall be forwarded to the State Treasurer, for deposit in the "Animal Population Control Fund".

4:19-15.3c. Additional fee for dogs; disposition
     In addition to the fee charged and forwarded to the Department of Health, any person applying for the license and registration tag shall pay an additional fee of $0.20 for any dog.

    All fees collected pursuant to the provisions of this section shall be forwarded to the State Treasurer to be placed in the "Pilot Clinic Fund", to be used by the Commissioner of Health for the operation of the animal sterilization pilot clinic.

4:19-15.4. Time for applying for license
    The owner of any newly-acquired dog of licensing age or of any dog which attains licensing age, shall make application for license and registration tag for such dog within ten days after such acquisition or age attainment.

4:19-15.5. Application for dog license, information requested, preservation
     The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought, whether it is of a long- or short-haired variety, and whether it has been surgically debarked or silenced; also the name, street and post-office address of the owner and the person who shall keep or harbor such dog. The information on the application and the registration number issued for the dog shall be preserved for a period of three years by the clerk or other local official In addition, the clerk or other local official shall forward to the State Department of Health and Senior Services each month, on forms furnished by the department an accurate account of registration numbers issued or otherwise disposed of. Registration numbers shall be issued in the order of the applications.

4:19-15.6. Dogs brought into state
    Any person who shall bring or cause to be brought into this State any dog licensed in another State for the current year, and bearing a registration tag, and shall keep the same or permit the same to be kept within the State for a period of more than ninety days shall immediately apply for a license and registration tag for each such dog unless such dog be licensed.

    Any person who shall bring or cause to be brought into this State any unlicensed dog and shall keep the same or permit the same to be kept within the State for a period of more than ten days shall immediately apply for a license and registration tag for each such dog.

4:19-15.7. Removing tag from dog without owner's consent; attaching tag to another dog
No person, except an officer in the performance of his duties shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it was not issued.

4:19-15.8 Licensing of kennel, pet shop, shelter, pound.
     a. Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the clerk or other official designated to license dogs in the municipality where such establishment is located, for a license entitling him to keep or operate such establishment.

     The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the local municipal and health authorities showing compliance with the local and State rules and regulations governing location of and sanitation at such establishments.

    b. All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of each year, and be subject to revocation by the municipality on recommendation of the State Department of Health and Senior Services or the local board of health for failure to comply with the rules and regulations of the State department or local board governing the same, after the owner has been afforded a hearing by either the State department or local board, except as provided in subsection c. of this section.

     Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; such licenses shall not be transferable to another owner or different premises.

4:19-16. Liability of owner regardless of viciousness of dog
    The owner of any dog that bites anyone in a public place or lawfully in a private place, including the property of the owner of the dog, shall be liable for damages suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.

    For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof.

4:19-19.     Impoundment of dog
     An animal control officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog either attacked a person and caused death or serious bodily injury to that person or caused bodily injury as defined to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals; or engaged in dog fighting activities or has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

    The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the municipal health officer, the dog may be impounded in a facility or other structure agreeable to the owner.

4:19-22.     Dog declared vicious by municipal court; conditions
    The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog: killed a person or caused serious bodily injury or has engaged in dog fighting activities.

   A dog shall not be declared vicious for inflicting death or serious bodily injury if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

   If the municipal court declares a dog to be vicious, and no appeal is made, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.

4:19-23.     Dog declared potentially dangerous by municipal court; conditions
   The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog: (a) caused bodily injury to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person, or (b) severely injured or killed another domestic animal, and either poses a threat of serious bodily injury or death to a person; or poses a threat of death to another domestic animal, or (c) has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

   A dog shall not be declared potentially dangerous for: (1) causing bodily injury to a person if the dog was provoked, or (2) severely injuring or killing a domestic animal if the domestic animal was the aggressor.

   For the purposes of paragraph (1) of this subsection, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

4:19-24.     Registration of potentially dangerous dog; conditions
    If the municipal court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, the owner to:
   (1) to apply, for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number, and red identification tag;

   (2) to display conspicuously a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to paragraph (3) of this subsection;

   (3) to immediately erect and maintain for the potentially dangerous dog on the property a securely locked enclosure with sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six feet in height separated by at least three feet from the confined area. All such dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a suitably strong tether approved by the animal control officer to restrict the dog's movements to a radius of no more than three feet from the owner and under the direct supervision of the owner;

   The court may require the owner to maintain liability insurance in an amount determined by the municipal court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, shall contain a provision requiring the municipality in which the owner resides to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

4:19-25.     Appeal of decision
    The owner of the dog, or the animal control officer in the municipality in which the dog was impounded, may appeal any final decision, order, or judgment, including any conditions attached thereto, of a municipal court by filing an appeal with the Superior Court

4:19-26.       Liability of owner for cost of impounding, destroying dog; rabies testing
   After alll appeals have been exhausted, the owner of a dog declared vicious or potentially dangerous, shall be liable for the costs and expenses of impounding and destroying the dog. The owner shall incur the expense of impounding the dog in a facility other than the municipal pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.

   If the dog has bitten or exposed a person within 10 days previous to the time of euthanasia, shall be tested for rabies.

4:19-28.       Obligations of owner of potentially dangerous dog
   The owner of a potentially dangerous dog shall:

   (a) comply with the provisions of this act in accordance with a schedule established by the municipal court, but in no case more than 60 days subsequent to the date of determination;

   b.     notify the licensing authority, local police department or force, and the animal control officer if a potentially dangerous dog is at large, or has attacked a human being or killed a domestic animal;

   c.     notify the licensing authority, local police department or force, and the animal control officer within 24 hours of the death, sale or donation of a potentially dangerous dog;

d.     prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous;

e.     upon the sale or donation of the dog to a person residing in a different municipality, notify the department and the licensing authority, police department or force, and animal control officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner; and

f.     in addition to any license fee required pay a potentially dangerous dog license fee to the municipality

4:19-29.       Violation by owner; fine, seizure, impoundment of dog
   The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this act, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court's order shall be subject to a fine of not more than $1,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. An animal control officer may seize and impound any potentially dangerous dog whose owner fails to comply. The municipal court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.

4:22-17 Cruelty; disorderly persons offense; certain acts, crimes; degrees.

A person who shall:

     (1) Overdrive, overload, drive when overloaded, overwork, deprive of necessary sustenance, abuse, or needlessly kill a living animal or creature;

     (2) Cause or procure any such acts to be done; or

     (3) Inflict unnecessary cruelty upon a living animal or creature, or unnecessarily fail to provide a living animal or creature of which the person has charge either as an owner or otherwise with proper food, drink, shelter or protection from the weather, or leave it unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature--

     Is guilty of a disorderly persons offense. For every such offense either a fine of not less than $250 nor more than $1,000, or imprisonment for a term of not more than six months, or both, shall be imposed in the discretion of the court.

     In addition, the court (1) shall impose a term of community service of up to 30 days, and may direct that the term of community service be served in providing assistance to any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, or to a municipality's animal control or animal population control program;

   (2) may require the violator to pay restitution or otherwise reimburse any costs for food, drink, shelter, or veterinary care or treatment, or other costs, incurred by any agency, entity, or organization investigating the violation; and

   (3) may impose any other appropriate penalties established for a disorderly persons offense.

     A person who shall purposely, knowingly, or recklessly:

     (1) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, or needlessly mutilate a living animal or creature; or

     (2) Cause or procure any such acts to be done--

     Shall be guilty of a crime of the fourth degree.

     If the animal or creature is cruelly killed or dies as a result of a violation of this subsection, or the person has a prior conviction for a violation of this subsection, the person shall be guilty of a crime of the third degree.

    In addition to imposing any other appropriate penalties established for a crime of the third degree or a crime of the fourth degree, as the case may be, the court shall impose a term of community service of up to 30 days, and may direct that the term of community service be served in providing assistance to any recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, or to a municipality's animal control or animal population control program. The court also may require the violator to pay restitution or otherwise reimburse any costs for food, drink, shelter, or veterinary care or treatment, or other costs, incurred by any agency, entity, or organization investigating the violation.

     If a juvenile is adjudicated delinquent for an act which, if committed by an adult, would constitute a disorderly persons offense or a crime of the third degree or crime of the fourth degree pursuant to this statute, the court also shall order the juvenile to receive mental health counseling by a licensed psychologist or therapist named by the court for a period of time to be prescribed by the licensed psychologist or therapist.

4:22-18. Carrying animal in cruel, inhumane manner; disorderly persons offense
   A person who shall carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhumane manner, shall be guilty of a disorderly persons offense.

4:22-20.     Abandoning disabled animal to die in public place; disorderly persons offense
     A person who abandons a maimed, sick, infirm or disabled animal or creature to die in a public place, shall be guilty of a disorderly persons offense.

   A person who abandons a domesticated animal shall be guilty of a disorderly persons offense. The violator shall be subject to the maximum $1,000 penalty.

4:22-22.Offering diseased animal for sale; crime of fourth degree
   A person who shall:
     Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, any horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the health or life of human beings or animals; or

     When any such disease is beyond recovery, refuse upon demand to deprive any such animal of life--

     Shall be guilty of a crime of the fourth degree.

4:22-24.     Animal fighting crimes
     A person who shall:

    a.   Keep, use, be connected with or interested in the management of, or receive money for the admission of a person to, a place kept or used for the purpose of fighting or baiting a living animal or creature;

    b.   Be present and witness, pay admission to, encourage or assist therein;

    c.   Permit or suffer a place owned or controlled by him to be so used;

    d.   For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature;

    e.   Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or creature for the purpose of fighting or baiting that animal or creature; or

    f.   Gamble on the outcome of a fight involving a living animal or creature--

    Shall be guilty of a crime of the third degree.

4:22-25.1. Motorist hitting domestic animal to stop; report
    Anyone operating a motor vehicle who knowingly hits, runs over, or causes injury to a cat, dog, horse or cattle shall stop at once, ascertain the extent of injury, report to the nearest police station, police officer, or notify the nearest Society for the Prevention of Cruelty to Animals and give his name, address, operator's license and registration number, and also give the location of the injured animal. Violation is a petty disorderly persons offense.

4:22-25.3. Sale, barter of products made from dog or cat fur; prohibited
    Anyone who sells, barters, or offers for sale or barter, at wholesale or retail, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat commits a crime of the fourth degree, provided that the person knew or reasonably should have known that the fur or hair was from a domestic dog or cat or that the product was made in whole or in part from the fur or hair of a domestic dog or cat. This section shall not apply to fur or hair at a commercial grooming establishment or at a veterinary office or clinic or for scientific research purposes.

4:22-25.4. Sale, barter of dog or cat flesh or products for human consumption; disorderly persons offense
     Any person who sells, barters, or offers for sale or barter, at wholesale or retail, for human consumption, the flesh of a domestic dog or cat or any product made in whole or in part from the flesh of a domestic dog or cat commits a disorderly persons offense, provided that the person knew or reasonably should have known that the flesh was from a domestic dog or cat or the product was made in whole or in part from the flesh of a domestic dog or cat. Any person found guilty of violating this section shall be subject to a fine of not less than $100 and a term of imprisonment of not less than 30 days.

4:22-26 Penalties for various acts constituting cruelty.

     A person who shall:

     a. (1)    Overdrive, overload, drive when overloaded, overwork, deprive of necessary sustenance, abuse, or needlessly kill a living animal or creature, or cause or procure any such acts to be done;

          (2)   Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, or needlessly mutilate a living animal or creature, or cause or procure any such acts to be done;

          (3)   Cruelly kill, or cause or procure the cruel killing of, a living animal or creature, or otherwise cause or procure the death of a living animal or creature from commission of any act described in paragraph (2) of this subsection;

     c. Inflict unnecessary cruelty upon a living animal or creature, or unnecessarily fail to provide a living animal or creature of which the person has charge either as an owner or otherwise with proper food, drink, shelter or protection from the weather, or leave it unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature;

     e. Keep, use, be connected with or interested in the management of, or receive money or other consideration for the admission of a person to, a place kept or used for the purpose of fighting or baiting a living animal or creature;

     f. Be present and witness, pay admission to, encourage, aid or assist in an activity enumerated in subsection e. of this section;

     g. Permit or suffer a place owned or controlled by him to be used as provided in subsection e. of this section;

     h. Carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhumane manner;

     i. Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for business purposes;

     j. Impound or confine or cause to be impounded or confined in a pound or other place a living animal or creature, and shall fail to supply it during such confinement with a sufficient quantity of good and wholesome food and water;

     k. Abandon a maimed, sick, infirm or disabled animal or creature to die in a public place;

     l. Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, a horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the health or life of human beings or animals, or who shall, when any such disease is beyond recovery, refuse, upon demand, to deprive the animal of life;

     m. Own, operate, manage or conduct a roadside stand or market for the sale of merchandise along a public street or highway; or a shopping mall, or a part of the premises thereof; and keep a living animal or creature confined, or allowed to roam in an area whether or not the area is enclosed, on these premises as an exhibit; except that this subsection shall not be applicable to: a licensed pet shop; a person who keeps an animal, in a humane manner, for the purpose of the protection of the premises; or a recognized breeders' association, a 4-H club, an educational agricultural program, an equestrian team, a humane society or other similar charitable or nonprofit organization conducting an exhibition, show or performance;

     p. Use any animal, reptile, or fowl for the purpose of soliciting any alms, collections, contributions, subscriptions, donations, or payment of money except in connection with exhibitions, shows or performances conducted in a bona fide manner by recognized breeders' associations, 4-H clubs or other similar bona fide organizations;

     t. Abandon a domesticated animal;

     u. For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature;

      v. Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or creature for the purpose of fighting or baiting that animal or creature;

     w. Gamble on the outcome of a fight involving a living animal or creature;

     x. Knowingly sell or barter or offer for sale or barter, at wholesale or retail, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat, unless such fur or hair for sale or barter is from a commercial grooming establishment or a veterinary office or clinic or is for use for scientific research;

     y. Knowingly sell or barter or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a domestic dog or cat or any product made in whole or in part from the flesh of a domestic dog or cat;

     z. Surgically debark or silence a dog in violation of section 1 or 2 of P.L.2002, c.102 (C.4:19-38 or C.4:19-39);

     Shall forfeit and pay a sum according to the following schedule, to be sued for and recovered, with costs, in a civil action by any person in the name of the New Jersey Society for the Prevention of Cruelty to Animals:

     For a violation of subsection e., f., g., u., v., w., or z. of this section or of paragraph (3) of subsection a. of this section, or for a second or subsequent violation of paragraph (2) of subsection a. of this section, a sum of up to $5,000;

     For a violation of subsection l. of this section or for a first violation of paragraph (2) of subsection a. of this section, a sum of up to $3,000;

     For a violation of subsection x. or y. of this section, a sum of up to $1,000 for each domestic dog or cat fur or fur or hair product or domestic dog or cat carcass or meat product;

     For a violation of subsection t. of this section, a sum of not less than $500 nor more than $1,000, but if the violation occurs on or near a highway, a mandatory sum of $1,000;

     For a violation of subsection c., d., h., j., k., aa., bb., or cc. of this section or of paragraph (1) of subsection a. of this section, a sum of up to $1,000; and

     For a violation of subsection i., m., n., o., p., q., r., or s. of this section, a sum of up to $500.

4:22-26.1. Confiscation, forfeiture of animal
     An officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals, or a certified animal control officer, may petition a court of competent jurisdiction to have any animal confiscated and forfeited that is owned or possessed by a person at the time the person is found to be guilty of violating R.S.4:22-17, R.S.4:22-18, R.S.4:22-19, R.S.4:22-20 or R.S.4:22-23. Upon a finding that the continued possession by that person poses a threat to the animal's welfare, the court may, in addition to any other penalty that may be imposed for a violation of those statutes forfeit an animal for such disposition as the court deems appropriate.

4:22-28 Civil, criminal actions separate.
        The indictment of a person under the provisions of this article, or the holding of a person to bail to await the action of a grand jury or court, shall not in any way relieve that person from liability to be sued for the appropriate penalties under R.S.4:22-26.

3B:11-38. Trust funds for pets recognized as valid
      A trust for the care of a domesticated animal is valid. The intended use may be enforced by a person designated for that purpose in the trust instrument, a person appointed by the court, or a trustee. The trust shall terminate when no living animal is covered by the trust, or at the end of 21 years, whichever occurs earlier.

      Except as expressly provided otherwise in the trust instrument, no portion of the trust's principal or income may be converted to the use of the trustee or to any use other than for the benefit of the animal designated in the trust.

      Upon termination of the trust, the trustee shall transfer the unexpended trust property as directed in the trust instrument. If no directions for such transfer exist, the property shall pass to the estate of the creator of the trust.

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