Bill > A3152

Introduced Session

This bill would make it a violation of the State animal cruelty laws to: 1) leave a cat, dog, or other domestic companion animal unattended outdoors when the outside ambient temperature is 32 degrees Fahrenheit or less or 90 degrees Fahrenheit or more, without readily available access to shelter in which the ambient temperature is maintained properly and safely above 32 degrees Fahrenheit and below 90 degrees Fahrenheit or below in accordance with any applicable local code, ordinance, or regulation; or 2) leave a cat, dog, or other domestic companion animal outdoors when evacuation of the area has been recommended by State or local law enforcement due to weather or other emergency conditions. In the case of evacuation, the bill directs that the cat, dog, or other domestic companion animal be evacuated with its owner, if possible. If evacuation with the owner is not an option, the bill requires the cat, dog. or other domestic companion animal to be: 1) delivered to an animal kennel, shelter, or other suitable animal care facility; or 2) secured in an indoor area constructed to be as protective of the animal as possible under the circumstances. If, for the purposes of complying with the bill's requirements, the cat, dog, or other domestic companion animal is relocated to, or provided readily available access to, a basement or a garage, the bill requires the basement or garage to be properly ventilated in accordance with the State Uniform Construction Code, and during weather or other emergency conditions, also reasonably safe form flooding. The bill defines "domestic companion animal" means any animal commonly referred to as a pet or one that has been bought, bred, raised or otherwise acquired, in accordance with local ordinances and State and federal law for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes. It does not include livestock. Furthermore, the bill establishes that violations of any of the bill's provisions would constitute failure to provide "necessary care" pursuant to R.S.4:22-17 and R.S.4:22-26. Current law defines "necessary care" as care sufficient to preserve the health and well-being of an animal, and includes, but is not limited to: food of sufficient quantity and quality to allow for normal growth or maintenance of body weight; adequate access to water in sufficient quantity and quality to satisfy the animal's needs; access to adequate protection from the weather; and veterinary care to alleviate suffering and maintain health. Under R.S.4:22-26, a violator may be liable for civil penalties of $500 to $2,000 for failure to provide necessary care, depending on the consequences of failure to do so. Under R.S.4:22-17, failure to provide necessary care would be a disorderly persons offense, a crime of the fourth degree, or crime of the third degree, depending on the consequences of failure to do so.

AI Summary

Committee Categories

Bob Andrzejczak (D)*,  Daniel Benson (D)*,  R. Bruce Land (D)*,  Greg McGuckin (R)*,  Adam Taliaferro (D)*,  Valerie Vainieri Huttle (D)*,  David Wolfe (R)*,  Wayne DeAngelo (D),  Timothy Eustace (D),  Gordon Johnson (D),  Kevin Rooney (R),  Troy Singleton (D), 

Substituted by S1640/1642/1013 (SCS/4R) (on 06/29/2017)