Rutgers Law

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

    Chapter 22:

      Section: 4:22-46.3: Animal care agency, authorized agent, file action, seeking reasonable costs of care.

          4. a. An animal care agency that takes custody of an animal pursuant to section 3 of P.L.2023, c.129 (C.4:22-46.2), or an authorized agent of the animal care agency, including an attorney prosecuting an animal cruelty violation on behalf of a municipality or county, may, no later than 20 days after the animal is taken into custody, file an action in the Superior Court seeking the reasonable costs of care for the animal from the animal's owner, or, if the owner is not known to the plaintiff, the person from whom the animal was taken. A copy of the complaint shall be served upon the animal's owner, or, if the owner is not known to the plaintiff, to the person from whom the animal was taken in accordance with the rules of the court. The complaint shall include:

(1) the name, business address, and telephone number of the animal care agency that has custody of the animal;

(2) a description of the animal taken into custody, including a licensed veterinarian's assessment of the animal's condition and needs;

(3) a statement of the actual and estimated reasonable costs of care for the animal;

(4) a statement that, at any time after the animal has been taken into custody, the animal's owner may relinquish ownership of the animal to the enforcement agency that seized the animal or to the animal care agency with custody of the animal;

(5) a statement that, if the animal's owner or the person from whom the animal was taken fails to pay any portion of the reasonable costs of care for the animal, as established by the court, when due, ownership of the animal shall immediately transfer to the animal care agency with custody of the animal; and

(6) a plain language summary of the provisions of P.L.2023, c.129 (C.4:22-46.1 et al.), to be prepared by the Attorney General's Office and distributed to animal care agencies in the State.

b. Upon receipt of a complaint filed pursuant to subsection a. of this section, the court shall schedule a hearing on the complaint to be conducted no later than 30 days after the date on which the complaint is filed with the court. Failure by the court to hold a timely hearing pursuant to this subsection shall not affect the disposition of the animal under the provisions of P.L.2023, c.129 (C.4:22-46.1 et al.) or the disposition of any pending animal cruelty case against the person from whom an animal was seized.

c. At the hearing on a complaint filed pursuant to subsection a. of this section, the plaintiff shall establish by a preponderance of the evidence that the animal was taken into custody for the animal's protection from harm. The court may consider testimony from the agent or officer who seized the animal and other witnesses as to the condition of the animal when seized and as to the conditions under which the animal or other animals in the household were kept, testimony and evidence as to the veterinary care provided to the animal, expert testimony as to the proper and reasonable care of the same type of animal, testimony from any witnesses as to the prior treatment or condition of this or other animals in the custody of the owner or person from whom the animal was taken, or any other evidence the court considers to be material or relevant. The plaintiff shall also demonstrate that the animal's owner, or, if the animal's owner is not known, the person from whom the animal was taken, was served with a copy of the complaint as required pursuant to subsection a. of this section.

(1) If the court determines that the plaintiff has demonstrated by a preponderance of the evidence that the animal was taken into custody for the animal's protection and that the service and content of the complaint met the requirements of subsection a. of this section, the court shall award damages for the reasonable costs of care for the animal for the period the animal is in the custody and care of the animal care agency against the animal's owner or the person from whom the animal was taken, as appropriate. The costs shall be calculated from the date the animal was taken into custody by the enforcement agency or animal care agency, whichever is earlier.

(2) If the court determines that the plaintiff has not shown by a preponderance of the evidence that an animal was taken into custody for the animal's protection, the court shall not award damages for the reasonable costs of care, but the animal shall remain in the custody of the animal care agency during the pendency of the criminal investigation and proceeding related to the alleged criminal offense that led to the seizure of the animal.

(3) If the court determines that the service or content of the complaint did not meet the requirements of subsection a. of this section, the animal shall remain in the custody of the animal care agency during the pendency of the criminal investigation and proceeding related to the alleged criminal offense that led to the seizure of the animal. The plaintiff may petition the court for a thirty-day extension to refile the complaint.

d. Unless otherwise ordered by the court, no later than seven days after the issuance of a court order pursuant to subsection c. of this section, the person found liable for the reasonable costs of care shall pay the animal care agency the full amount, as required by the court, for the respective 30-day period. The person shall make a new payment in the same amount every 30 days until:

(1) the owner voluntarily transfers ownership of the animal to the animal care agency;

(2) ownership of the animal is transferred to the animal care agency pursuant to subsection f. of this section;

(3) the animal is euthanized pursuant to subsection g. of this section; or

(4) final disposition of the proceeding related to the alleged criminal offense that led to the seizure of the animal, including forfeiture of the animal pursuant to section 5 of P.L.2023, c.129 (C.4:22-26.2) or any other law.

Upon a change in the animal's ownership status pursuant to paragraphs (1) through (4) of this subsection, any unexpended amounts paid by the person to the animal care agency shall be returned to the person.

e. If the person against whom a judgment pursuant to subsection c. of this section was entered fails to make a payment for the reasonable costs of care for an animal within seven days of the date of issuance of the court order and every 30 days thereafter as required pursuant to subsection d. of this section, ownership of the animal shall immediately transfer, by operation of law, to the animal care agency with custody of the animal, and the animal care agency shall obtain all rights and privileges in and over the animal.

f. An animal care agency shall not sell; permanently alter, unless medically necessary; euthanize; offer for adoption; or otherwise dispose of an animal if the person liable for the reasonable costs of care for the animal makes timely payments of such costs to the animal care agency as required by the court; provided, however, that an animal care agency may euthanize an animal at any time if a licensed veterinarian makes a written determination that the animal is experiencing intractable and extreme pain and is beyond any reasonable hope of recovery.

g. If a person liable for the reasonable costs of care pursuant to this section is found not guilty of the alleged criminal animal cruelty offense that led to the seizure of the animal, and if the person has made timely payments of the reasonable costs of care pursuant to this section, the person shall have the right to immediately repossess the person's animal and to be reimbursed by the animal care agency for all of the reasonable costs of care that were paid by the person to the animal care agency.

h. The result of any hearing held pursuant to this section, and any statement made by a party in the course of such a hearing, shall not be admissible in any criminal prosecution for an animal cruelty violation.

i. If the owner or the person from whom an animal was taken, as applicable, fails to appear for a hearing for the reasonable costs of care for an animal pursuant to this section, the owner or other person shall be liable for the costs, and all other provisions of this section shall remain in force.

j. As used in this section, "animal" means any vertebrate other than humans, except that, other than animals used in connection with a violation of R.S.4:22-24 and equine animals, "animal" shall not include "domestic livestock" as defined by section 1 of P.L.1995, c.311 (C.4:22-16.1).

L.2023, c.129, s.4.

This section added to the Rutgers Database: 2023-11-27 20:53:26.

Older versions of 4:22-46.3 (if available):

Court decisions that cite this statute: CLICK HERE.