Township of Jackson, NJ Humane and Ethical Animal Rules and Treatment

The Council finds that the Township shall endeavor to protect animals in the Township. Nothing herein shall be interpreted as expanding the scope of the Township's liability under the New Jersey Tort Claims Act[1] or Common Law.

Editor's Note: See N.J.S.A. 59:1-1 et seq.

The Council further finds that the people of Jackson should treat animals as more than just lifeless, inanimate chattel property and recognizes that the relationship between human beings and animals is a special relationship that improves people's lives and reflects basic humanitarian beliefs.

Legislative purpose and intent.

The focus of this article is the prevention of cruelty, harm, suffering, abandonment or death of animals.

AMERICAN VETERINARY MEDICAL ASSOCIATION, or AVMA

This article shall be read in conjunction with N.J.S.A. 4:22-15 et seq. In the event an inconsistency arises between the chapter and the statute, the statute shall prevail.

Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Not-for-profit association representing more than 72,000 veterinarians, the goal of which is improving animal and human health and advancing the veterinary medical profession.

ANIMAL

Any living nonhuman mammal, bird, reptile, or amphibian including, but not limited to, bats, companion animals, companion birds, domestic animals, exotic or wild animals, livestock, pigeons, poultry, woodchucks, rabbits and skunks. For the purpose of this article, insects and arachnids are not included in the definition of animals.

CRUELTY

Cruelty shall be defined pursuant to N.J.S.A. 4:22-17.

EUTHANASIA

The killing of an animal in a manner commonly recognized as humane and acceptable by local veterinarians pursuant to AVMA standards.

EXTREME CRUELTY

A person is guilty of extreme cruelty to animals if a person intentionally or maliciously tortures, mutilates, injures or kills an animal, or if a person poisons an animal.

LAWFUL JUSTIFICATION

A strictly construed defense to a charge of cruelty based on an immediate need to defend a threatened person or animal from an imminent attack by an animal apparently capable of causing death or serious bodily injury to the threatened individual or animal.

POULTRY

Any bird that is kept as a pet or any bird that is commonly used by humans for eggs or meat. Companion birds are not considered poultry in this article.

VETERINARIAN

A doctor of veterinary medicine licensed to practice in the State of New Jersey.

§ 98-57 Prohibited activities.

Cruelty to animals. Nothing herein shall be construed to preclude a conviction for extreme cruelty under state law.

Cruelty is any act or inaction that causes, is known to cause or is calculated to cause physical or psychological pain, injury, damage or harm to an animal.

Any person may be cited for cruelty hereunder whether or not said person owns the subject animal.

(3)

Cruelty is applicable to all animals within the Township limits of Jackson.

(4)

Personal observation of cruelty by a Township official or police officer is not required, and such officers may issue citations, file criminal complaints or assist any other person in filing a criminal complaint if an animal has been treated cruelly. A charge of cruelty under this article is not a lesser included offense for a charge of cruelty under state law.

(5)

In addition to criminal charges for cruelty, the Township may avail itself of the remedies of seizure, confiscation and protective custody provided under this article.

(6)

Any person who treats an animal in any way that would lead a reasonable person to conclude that such animal has been subjected to harm without lawful justification is guilty of cruelty.

(7)

Any charges for medical care paid by the Township for an animal suspected of being a victim of cruelty may be collected by the Township through any legal process.

Specific activities that constitute cruelty to an animal. Such acts, including but not limited to, shall constitute cruelty to animals as follows:

Any person who acts intentionally, willfully, needlessly, recklessly or maliciously is guilty of cruelty when engaged or attempting to engage in the following behavior:

Killing or attempting to kill an animal. Exceptions include:

Humane euthanasia performed by a Veterinarian pursuant to AVMA standards;

Killing a bird if such bird is poultry owned by that person and will be used for food;

[3]

Killing a rabbit if such rabbit is owned by that person and will be used for food;

[4]

Killing mice, rats, moles or voles that are not a domestic animal or otherwise claimed as a pet by any person; and

[5]

Reasonably necessary taking of animals by a governmental entity or contractor of a governmental entity for bio-disease management, including, without limitation, selection of birds to determine the existence of or monitor the spread of avian flu, or idling eggs.

(b)

Failing to provide necessary sustenance, including food and water, to an animal under that person's custody or control.

(c)

Failing to provide adequate shelter.

(d)

Poisoning, attempting to poison or allowing an animal access to poisonous substances such as antifreeze, baiting any animal with any substance soaked, treated or prepared with any harmful or poisonous material unless such actions are undertaken by a licensed professional exterminator.

A person may use poison to kill mice, rats, moles or voles but only within a person's own enclosed structures.

Except when applied by a licensed exterminator, no poison may be used outside, even on a person's own property, or in any way in which a poisoned animal, including mice, rats, moles or voles can consequently poison other animals.

(e)

Abusing an animal which includes, but is not limited to, maiming, mistreating, disfiguring, torturing, beating, having sexual contact with, hurting, burning, scalding or cruelly setting upon any animal.

(f)

Using a prod, stick, electrical shock, chemical, physical force, starvation, pain or discomfort on an animal in order to make it perform for entertainment purposes.

Generally accepted methods of animal training that do not cause undue physical and emotional suffering, including the training of livestock, companion animals, guard dogs, hunting dogs, police dogs and service animals shall not constitute cruelty.

(g)

Using a whip or riding crop in a manner that purposely causes injury to the animal.

(h)

Chaining an animal to a stationary post, pole, or other immovable object by means of any instrumentality or other extension device including, but not limited to, a chain, tether, coil or rope and leaving such animal unattended for more than one hour in twenty-four-hour period.

(i)

Abandonment of an animal. Any person who relinquishes possession or control of an animal in a location where any reasonable person would know the animal has little chance of finding food, potable water, and shelter is guilty of cruelty. Abandonment also includes dumping or releasing an animal anywhere or leaving an animal behind when a person moves.

(j)

Use of a spring-loaded trap. Spring-loaded traps are absolutely prohibited in the Township unless used on mice or rats inside a household or inside a commercial property.

(k)

Improper use of a live trap. Any person who leaves an animal in a live humane trap for more than six daylight hours or 12 nighttime hours.

(l)

Overworking an animal.

(m)

Overloading as provided for in N.J.S.A. 4:22-17(a)(1).

(n)

Driving while overloaded as provided for in N.J.S.A. 4:22-17(a)(1).

(o)

Overdriving as provided for in N.J.S.A. 4:22-17(a)(1).

(p)

Animal fighting. No person shall promote, stage, hold, manage, conduct, carry on, train for or attend a game, show, exhibition, contest or fight in which one or more animals is injuring, killing, maiming or destroying itself or other animals or attempting to injure, kill, maim, or destroy other animals or people.

Any person who attends or observes any animal fight is vicariously criminally liable under this article, whether or not that person paid for entry to the event.

The owner of any premises used for animal fighting is in violation of this article.

[3]

Any person who profits in any manner from an animal fight, including but not limited to on-site vendors or purveyors of illegal gambling concerning an animal fight, is in violation of this article.

[4]

Any person who sells, receives, possesses, transports, loans or gives away any animal used for fighting or animal fighting paraphernalia is in violation of this article.

[5]

No person shall provoke or entice an animal from the property of its owner for the purpose of engaging the animal in an animal fight.

(q)

Teasing or taunting animals. No person shall tease or taunt any animal with the intent, purpose or effect of provoking a reaction from the animal.

(r)

Artificially coloring an animal. No person shall dye or artificially color an animal under the age of 12 weeks or use any dyes or coloring substance that could be harmful to the animal.

(s)

Failing to report an injury to an animal caused by a motorist. A motor vehicle operator who strikes or runs down an animal shall immediately call 911 and provide the facts regarding the accident and, if possible, the injuries sustained by the animal.

(t)

No method of slaughtering or handling in connection with slaughtering shall be deemed to comply with the public policy of the Township unless it is humane. Either of the following two methods of slaughtering and handling are hereby found to be humane:

In the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut; or

By slaughtering in accordance with the ritual requirements of any recognized faith, by a recognized practitioner, as protected by Church of the Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520, 537, 113 S.Ct. 2217, 124 L. Ed.2d 472 (1993), prescribing a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument and handling in connection with such slaughtering.

Exemption of ritual slaughter. Nothing in this chapter shall be construed to prohibit, abridge, or in any way hinder the religious freedom of any person or group. Notwithstanding any other provision of this chapter, in order to protect freedom of religion, ritual slaughter and the handling or other preparation of livestock for ritual slaughter are exempted from the terms of this chapter. For the purposes of this section the term "ritual slaughter" means slaughter in accordance with § 98-57B(1)(t)[2] of this article.

Shooting, molesting birds prohibited; exceptions.

Within the municipal limits of the Township of Jackson it shall be unlawful for any person to kill, trap, hunt, shoot or attempt to shoot, willfully injure, or maim any bird or wild fowl; or to rob any bird or wild fowl nest of its eggs, without a license issued by the State of New Jersey.

Birds congregating in such numbers in a defined area within the municipality as to constitute a public nuisance or endanger the health of the public or damage property may be removed by persons authorized and/or qualified to perform such removal by the municipality. Feral or wild birds may be deemed a public nuisance, and as such may be removed by such authorized and/or qualified persons regardless of number in a particular locality.

(3)

Unless otherwise posted, it shall be unlawful for any person other than an animal Control Officer to feed wild or feral birds on any public property located within the municipality limits.

(4)

Exceptions would include state-organized specific hunts with all requirements set within such hunt.

Exemptions for individuals or entities holding licenses or permits. Notwithstanding the provisions of this chapter to the contrary, any person or entity holding the following licenses or permits shall be exempt from the provisions of this chapter if the provisions of this chapter are more restrictive than activity or inactivity that is permitted by the holder of the license or permit:

License or permits from the United States Department of Agriculture.

Animal welfare act exhibitor.

License or permits from the United States Department of the Interior.

Depredation permit.

(3)

License or permits from the New Jersey Department of Environmental Protection.