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NJ ACO / ACI Power of Authority

 



DISCLAIMER: The following are excerpts outlining the authority of the Animal Control Officer and Animal Cruelty Investigator. The NJCACOA is not responsible for typographical errors or omissions. Please refer to official NJ State authority and/or legal representation for interpretation.

NJ STATUTE 4:19-15.16A - Animal Control Officers; Certification

A. The commissioner of Health shall, within 120 days after the effective date of P.L.1983, c. 525, and pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations concerning the training and educational qualifications for the certification of animal control officers including, but not limited to, a course of study approved by the commissioner and the Police Training Commission, in consultation with the New Jersey Certified Animal Control Officers Association, which acquaints a person with:

(1) The law as it affects animal control, animal welfare, and animal cruelty;

(2) Animal behavior and the handling of stray or diseased animals;

(3) Community safety as it relates to animal control; and

(4) The law enforcement methods and techniques required for an animal control officer to properly exercise the authority to investigate and sign complaints and arrest without warrant pursuant to section 8 of P.L.1997, c.247 (C.4:19-15.16c), including, but not limited to, those methods and techniques which relate to search, seizure and arrest. The training in law enforcement methods and techniques described pursuant to this paragraph shall be part of the course of study for an animal control officer only when required by the governing body of a municipality pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b).

Any person 18 years of age or older may satisfy the courses of study established pursuant to this subsection at that person's own time and expense; however, nothing in this section shall be construed as authorizing a person to exercise the powers and duties of an animal control officer absent municipal appointment or authorization pursuant to section 4 of P.L.1983, c. 525 (C. 4:19-15.16b).

B. The commissioner shall provide the issuance of a certificate to a person who possesses, or acquires, the training and education required to qualify as a certified animal control officer pursuant to paragraphs (1) through (3) of subsection a. of this section and to a person who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L.1983, c. 525, for a period of three years before January 17, 1987.

NJ STATUTE 4:19-15.16B - Animal Control Officers; Appointment

The governing body of a municipality shall, within three years of the effective date of P.L.1983, c. 525, appoint a certified animal control officer who shall be responsible for animal control within the jurisdiction of the municipality and who shall enforce and abide by the provisions of section 16 of P.L.1941, c. 151 (C. 4:19-15.16). The governing body may authorize the certified animal control officer to investigate and sign complaints, arrest violators and otherwise act as an officer for detection, apprehension and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality, if the officer has completed the training required pursuant to paragraph 4 of subsection a. of section 3 of P.L.1983, c. 525 (C.4:19-15.16a). Only certified animal control officers who have completed the training may be authorized by the governing body to so act as an officer for detection, apprehension and arrest of offenders; however, officers who have completed the training shall not have the authority to so act unless authorized by the governing body which is employing the officer or contracting for the officer's services.

NJ STATUTE 4:19-15.16C - Powers and Authority of Animal Control Officers

A certified animal control officer authorized pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b) shall have the power and authority, within the jurisdiction of the municipality or other entity employing, or contracting for, the animal control officer to:

A. Enforce all laws or ordinances enacted for the protection of animals, including, but not limited to, animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality;

B. Investigate and sign complaints concerning any violation of an animal control, animal welfare or animal cruelty law of the State and ordinance of the municipality; and

C. Act, by virtue of the officer's appointment or employment and in addition to any other power and authority, as an officer for the detection, apprehension and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality.

Upon request for assistance by a municipality or other entity that does not employ, or contract for, the certified animal control officer, a certified animal control officer may, within the jurisdiction of that municipality or other entity making the request, exercise the powers and authority granted pursuant to this section.

NJ STATUTE 4:19-15.16D - Complaints, Summons or Warrants

A certified animal control officer who signs a complaint, issues a summons, makes an arrest, or otherwise acts pursuant to his authority pursuant to P.L. 1983, c. 525, R.S.4:22-44, or section 8 of P.L. 1997, c. 247(C.4:19-15.16c) shall forward within five business days a copy of that complaint, summons, or arrest warrant or report to the New Jersey Society for the Prevention of Cruelty to Animals and shall forward a report of any related court action within thirty calendar days of final disposition.


NEW JERSEY STATUTES AND ADMINISTRATIVE CODE

Click on the links below to access PDF files containing NJSA Title 4 pertaining to Agriculture and Domestic Animals and NJ Administrative Code 8:23A pertaining to Animal Facility Operation; Animal Control Officer and Animal Cruelty Investigator Certification; Pilot Spaying and Neutering Clinic Fees; and Rabies Inoculation:

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NJSA Title 4 - PDF File

NJAC Chapter 23A - PDF File

 

 


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