Rutgers Law

New Jersey Statutes, Title: 4, AGRICULTURE AND DOMESTIC ANIMALS

    Chapter 22:

      Section: 4:22-46.2: Animal cruelty violation, probable cause, warrant, enter property, animal located, taking custody of animal.

          3. a. Notwithstanding the provisions of any other law, or any rule or regulation adopted pursuant thereto, to the contrary, upon a showing of probable cause that there has been an animal cruelty violation, a court of competent jurisdiction may issue, upon request, a warrant to any municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer to enter onto the private property where an animal is located and take custody of the animal.

b. Notwithstanding the provisions of subsection a. of this section, or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, a municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer may immediately enter onto private property where an animal is located and take custody of an animal if the officer has a reasonable basis to believe that, due to an animal cruelty violation, immediate assistance is required to protect or preserve the animal's life or prevent injury to the animal.

c. Upon taking custody of an animal pursuant to subsection a. or b. of this section, the person taking custody of the animal shall:

(1) post immediately, in a conspicuous place at the location from which the animal was taken into custody, the notice required pursuant to subsection d. of this section to the owner or person with custody or control of the animal;

(2) no later than seven days after the animal has been taken into custody, send by registered or certified mail, or by personal service, the notice described in subsection d. of this section, to:

(a) the address of the location from which the animal was taken into custody; and

(b) the owner of record, if the address for the owner of record is different from the address of the location from which the animal was taken.

d. The notice required pursuant to subsection c. of this section shall:

(1) provide a description of the animal;

(2) state the statutory authority and reason for taking custody of the animal; and

(3) provide contact information, including at least the name of any applicable office or entity, the name of a person at that office or entity, and a telephone number for the owner or person having custody or control of the animal to obtain information concerning the animal, including where the animal is in custody.

e. An animal taken into custody pursuant to subsection a. or b. of this section shall be placed in the care of a licensed shelter, pound, or kennel operating as a shelter or pound to ensure the humane care and treatment of the animal. If, after the animal has been taken into custody, a licensed veterinarian makes a written determination that the animal is in intractable and extreme pain and is beyond any reasonable hope of recovery with reasonable veterinary medical treatment, the animal may be euthanized. At any time while the licensed shelter, pound, or kennel operating as a shelter or pound has custody or control of the animal, it may place the animal in an animal rescue organization facility or a foster home, or may otherwise provide care to improve the animal's physical or psychological well-being, if it determines that such placement or care is in the best interests of the animal.

L.2023, c.129, s.3.

This section added to the Rutgers Database: 2023-11-27 20:53:23.

Older versions of 4:22-46.2 (if available):

Court decisions that cite this statute: CLICK HERE.