Knowledge is Power Fact of the Week

Citizens May Provide Animals With Food, Water And Bedding

Did you know that in situations where pet shops, animal shelters, or
kennels are not providing animals with food or water, ordinary
citizens are allowed by law to enter the premises and supply the
animals with food, water and bedding? It's true! The applicable law
is N.J.S.A. 4:22-51 and it reads as follows: "When a living animal
or creature is impounded or confined. . .and shall continue to be
without necessary food or water for more than twelve successive
hours, any person may . . . enter into the pound in which the
animal . . . is impounded . . . and supply it with necessary food and
water [and bedding]." The law also protects the citizen from any
liability connected with entering the facility. Even though the law
is clear that the citizen does not need permission to enter the
premises, it's probably a good idea to check with an attorney before
actually using this law.

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=131733&Depth=4&TD=WRAP&advquery=animal%20creature%20impound%20confine&headingswithhits=on&infobase=statutes.nfo&rank=&record={2A1C}&softpage=Doc_Frame_Pg42&wordsaroundhits=2&zz=

4:22-19. A person who shall:

a.Impound or confine, or cause to be impounded or confined, in a pound or other place, a living animal or creature, and shall fail to supply it during such confinement with a sufficient quantity of good and wholesome food and water; or

b.Destroy or cause to be destroyed any such animal by hypoxia induced by decompression or in any other manner, by the administration of a lethal gas other than an inhalant anesthetic, or in any other manner except by a method of euthanasia generally accepted by the veterinary medical profession as being reliable, appropriate to the type of animal upon which it is to be employed, and capable of producing loss of consciousness and death as rapidly and painlessly as possible for such animal shall, in the case of a violation of subsection a., be guilty of a disorderly persons offense and shall be punished as provided in subsection a. of R.S.4:22-17; or, in the case of a violation of subsection b., be subject to a penalty of $25 for the first offense and $50 for each subsequent offense. Each animal destroyed in violation of subsection b. shall constitute a separate offense. The penalty shall be collected in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) and all money collected shall be remitted to the State.

This section shall apply to kennels, pet shops, shelters and pounds as defined and licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); to pounds and places of confinement owned and operated by municipalities, counties or regional governmental authorities; and to every contractual warden or impounding service, any provision to the contrary in this title notwithstanding.

Amended 1977, c.231, s.1; 1982, c.76, s.1; 1982, c.158, s.2; 1996, c.64, s.3; 2001, c.229, s.3.

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=131733&Depth=2&TD=WRAP&advquery=pet%20shop&depth=4&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&rank=&record={2A37}&softpage=Doc_Frame_PG42&wordsaroundhits=2&zz=

4:22-51. Supplying necessary food to animals impounded by another
When a living animal or creature is impounded or confined as provided in section 4:22-19 of this title, and shall continue to be without necessary food and water for more than twelve successive hours, any person may, from time to time as often as is necessary, enter into or upon the pound in which the animal or creature is impounded or confined and supply it with necessary food and water so long as it shall remain impounded or confined. Such person shall not be liable to an action for such entry.

The actual cost of the food, water and bedding, together with twenty per cent additional, may be collected by such person from the owner of the animal or creature in an action at law, together with costs, and the animal or creature shall not be exempt from levy and sale upon an execution issued upon a judgment therefor.

Posted on SHARE Yahoo group Aug 11, 2001