[Adopted 2-13-2019 by Ord. No. 19-01-754]
This article is established to comply with P.L. 2017, c. 331,[1] which limited the functions of the New Jersey Society
for the Prevention and Cruelty of Animals ("NJSPCA"), devolving upon
counties and municipalities the responsibility for enforcing, and
investigating and prosecuting violations of animal cruelty laws, and
which requires municipalities to designate a Municipal Humane Law
Enforcement Officer to carry out these functions.
[1]
Editor's Note: See N.J.S.A. 4:22.
A.
The Chief Animal Control Officer is hereby designated the Municipal
Humane Law Enforcement Officer, to serve in both capacities concurrently.
In the event that he or she, for whatever reason, cannot function
as Municipal Humane Law Enforcement Officer, the Chief of Police may
designate a properly trained police officer to serve in this capacity
on a temporary or permanent basis.
B.
The Municipal Humane Law Enforcement Officer must obtain all training,
licensing, and certifications required by law either prior to or within
one year of appointment. These credentials must be periodically updated
and maintained in good standing as required by law.
C.
The Municipal Humane Law Enforcement Officer must undergo a criminal
background check and a character, competency and fitness examination
administered by the Chief of Police or his designee. Following review
of these examinations, the Chief of Police or his designee shall issue
to the appointee and to the Mayor and Council a written determination
approving or rejecting the appointee and explaining the reasons for
the decision.
D.
The appointment shall be effective upon approval by resolution of
the Mayor and Council.
E.
The Chief of Police or his designee shall supervise the Municipal
Humane Law Enforcement Officer and shall appoint a liaison within
the Police Department to assist the Municipal Humane Law Enforcement
Officer with investigations and enforcement.
A.
The Municipal Humane Law Enforcement Officer is empowered to:
(1)
Enforce all animal welfare and animal cruelty laws and ordinances.
(2)
Investigate and sign complaints concerning violations of animal welfare
and animal cruelty laws and ordinances.
(3)
Act as an officer for the detention, apprehension and arrest of offenders
of animal welfare and animal cruelty laws and ordinances.
(4)
Coordinate investigation and enforcement activities with the county
prosecutor as required by law.
(5)
Prepare and submit to the county prosecutor all reports required
by law.
(6)
Perform any and all other acts and duties as permitted by law.
B.
The Municipal Humane Law Enforcement Officer must abide by and carry out the provisions of Chapter 22 of Title 4 of the New Jersey Statutes.
C.
Only a police officer serving concurrently as Municipal Humane Law
Enforcement Officer may carry a firearm.
D.
Except as otherwise provided by P.L. 2017, c. 331,[1] and Article V of this chapter, the Chief Animal Control Officer, Assistant Animal Control Officer, or other persons designated by the Borough Council are hereby appointed to prosecute any action brought by or for the Borough under N.J.S.A. 4:19-15.1 et seq.
[1]
Editor's Note: See N.J.S.A. 4:22.
F.
Except as otherwise provided by P.L. 2017, c. 331,[3] and Article V of this chapter, the Chief Animal Control Officer and Assistant Animal Control Officers shall process all complaints of infractions or violations of applicable statutes or ordinances pertaining to animal control and shall keep records thereof and any disposition.
[3]
Editor's Note: See N.J.S.A. 4:22.
The Division of Animal Control shall establish a dedicated telephone
number and e-mail address for the Municipal Humane Law Enforcement
Officer to receive reports of violations of animal welfare and animal
cruelty laws and regulations.
A.
All ordinances or parts of ordinances which are inconsistent herewith
are repealed, but only to the extent of the inconsistency.
B.
If any part of this article is invalidated for any reason by a competent
authority, that part is severed and the remaining provisions shall
remain in full force and effect.
C.
This article shall take effect following its final passage by the
Borough Council, approval by the Mayor and 20 days after publication
as required by law.
