[Adopted 11-12-2019 by Ord. No. 29-19]
A.
Short title. This article may be cited as the "Humane and Ethical
Animal Rules and Treatment (HEART) Ordinance."
B.
Findings.
(2)
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.
C.
Legislative purpose and intent.
D.
AMERICAN VETERINARY MEDICAL ASSOCIATION, or AVMA
ANIMAL
CRUELTY
EUTHANASIA
EXTREME CRUELTY
LAWFUL JUSTIFICATION
POULTRY
VETERINARIAN
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.
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 shall be defined pursuant to N.J.S.A. 4:22-17.
The killing of an animal in a manner commonly recognized
as humane and acceptable by local veterinarians pursuant to AVMA standards.
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.
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.
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.
A doctor of veterinary medicine licensed to practice in the
State of New Jersey.
A.
Cruelty to animals. Nothing herein shall be construed to preclude
a conviction for extreme cruelty under state law.
(1)
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.
(2)
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.
B.
Specific activities that constitute cruelty to an animal. Such acts,
including but not limited to, shall constitute cruelty to animals
as follows:
(1)
Any person who acts intentionally, willfully, needlessly, recklessly
or maliciously is guilty of cruelty when engaged or attempting to
engage in the following behavior:
(a)
Killing or attempting to kill an animal. Exceptions include:
[1]
Humane euthanasia performed by a Veterinarian pursuant to AVMA
standards;
[2]
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.
[1]
A person may use poison to kill mice, rats, moles or voles but
only within a person's own enclosed structures.
[2]
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.
[1]
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.
[1]
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.
[2]
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:
[1]
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
[2]
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.
C.
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.
D.
Shooting, molesting birds prohibited; exceptions.
(1)
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.
(2)
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.
E.
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:
F.
Violations and penalties. Whomever violates any section of this article for which no penalty is otherwise provided and upon conviction, shall be deemed guilty of a violation of this article and shall be fined not more than $500 for each offense, imprisoned for not more than 30 days, or both, in the discretion of the court. With respect to violations of § 98-57D, each offense shall be treated individually as relates to the number of birds and/or eggs impacted by the offense(s).
