Patch O' Pits
01-26-2006, 12:47 AM
Hey NJ... Proposed BSL
Start writing letters and sending e-mails NJ residents BSL has been proposed again. Don't sit back and watch. Stand up for your dog!!!!!!!!!!!!!!
every year mayor sharpe james of newark introduces this bill and every year he is defeated. he should stick to cleaning up newark first, that would help solve part of the problem. clean up his own streets of drug dealers, gang members (the police will NOT go into some parts of newark, gee i wonder why) and then maybe the human aggressive dogs will not be bred because there wont be any gangs, drug dealers to breed them.. start in his own neighborhood before he tries to go to ours.
http://www.njleg.state.nj.us/2006/Bi...000/801_I1.HTM
SENATE, No. 801
STATE OF NEW JERSEY
212th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION
Sponsored by:
Senator SHARPE JAMES
District 29 (Essex and Union)
SYNOPSIS
The "Responsible Pit Bull Ownership Licensing Act"; authorizes municipalities to require a license for a person to own, keep or harbor a pit bull.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
AN ACT concerning persons who own, keep, or harbor certain kinds of dogs and supplementing Title 4 of the Revised Statutes.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known, and may be cited, as the "Responsible Pit Bull Ownership Licensing Act."
2. As used in this act:
"Animal control officer" means a certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the municipality or that officer's designee; and
"Pit bull" means any dog of the breed American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or Staffordshire Terrier, or any dog determined to be a pit bull type dog pursuant to subsection c. of section 3 of this act.
3. a. A municipality may, by ordinance, require any person residing within the municipality who owns, keeps or harbors a pit bull in the municipality to obtain an annual license to own, keep or harbor such a dog. No such license shall be issued to any person under the age of 18 years. This license, and any requirements or conditions attached thereto, shall be in addition to any license or other authorization required pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.), P.L.1989, c.307 (C.4:19-17 et seq.) or any other law.
b. A municipality adopting an ordinance pursuant to subsection a. of this section may require the license applicant to provide:
(1) information about the breed, sex, age, color and markings of the dog and whether it is of a long- or short-haired variety;
(2) information about any licenses issued for the dog pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.), P.L.1989, c.307 (C.4:19-17 et seq.) or any other law;
(3) the name, street and post-office addresses, and telephone number of the license applicant;
(4) the license applicant's record, if any, of criminal convictions or of convictions or other adjudications for animal cruelty; and
(5) any other information the municipality deems appropriate to protect the public health, safety, and welfare.
c. (1) A municipality adopting an ordinance pursuant to subsection a. of this section may require any person residing within the municipality who owns, keeps or harbors any kind of dog to provide proof that the dog is not a pit bull. If breed records are not available or the dog is a mongrel, hybrid, or mixed breed, the municipality may by visual inspection and use of detailed professional standards and illustrations decide if the dog is a pit bull type dog. In lieu of visual inspection, the municipality may require submission of a photo or photos of the dog for the purposes of this paragraph.
(2) Any person who owns, keeps or harbors a dog determined by a municipality pursuant to this subsection to be a pit bull may appeal that decision to the municipal court, which shall conduct a hearing de novo on the matter. Appeal from the decision of the municipal court may be made by the person who owns, keeps or harbors the dog or by the municipality by filing with the Superior Court, Law Division, in accordance with the Rules Governing the Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction.
d. A municipality may attach such conditions to the issuance, renewal, or retention of a license pursuant to this act as the municipality deems appropriate to protect the public health, safety, and welfare, including but not limited to requiring the license applicant or licensee to comply with the following conditions:
(1) to not have been convicted of any criminal offense set forth in chapters 11 (Criminal Homicide), 12 (Assault; Reckless Endangering; Threats), 13 (Kidnapping and Related Offenses: Coercion), 14 (Sexual Offenses), 15 (Robbery), 17 (Arson, Criminal Mischief, and Other Property Destruction), 18 (Burglary and Other Criminal Intrusion), 20 (Theft and Related Offenses), 24 (Offenses Against the Family, Children and Incompetents), 25 (Domestic Violence), 35 (Controlled Dangerous Substances), 36 (Drug Paraphernalia), 37 (Gambling Offenses), 39 (Firearms, Other Dangerous Weapons and Instruments of Crime), or 41 (Racketeering) of Title 2C of the New Jersey Statutes, or of an attempt or conspiracy to commit any such criminal offense listed in this paragraph;
(2) to not have been convicted of, or otherwise adjudicated of violating, any animal cruelty offense set forth in chapter 22 of Title 4 of the Revised Statutes;
(3) to not be a member of a household that includes a person who has been convicted of any criminal offense, or who has been convicted of or otherwise adjudicated of violating any animal cruelty offense, listed in paragraphs (1) or (2) of this subsection;
(4) to display, in a conspicuous manner, a sign on the premises where the dog is kept and maintained warning that a pit bull is on the premises, which sign shall be visible and legible from 50 feet of the enclosure required pursuant to paragraph (5) of this subsection;
(5) if the dog is to be kept outside for any period of time, to immediately erect and maintain an enclosure for the dog on the property where it will be kept and maintained, which has sound sides, top and bottom to prevent the dog from escaping by climbing, jumping or digging and within a fence of at least six feet in height separated by at least three feet from the confined area. The licensee shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of the dog by an unknowing child or other person. The dog shall be confined in the enclosure when on the property where it will be kept and maintained or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the animal control officer, or other official designated by the municipality, and having a minimum tensile strength sufficiently in excess of that required to restrict the dog's movements to a radius of no more than three feet from the licensee and under the direct supervision of the licensee;
(6) to obtain and maintain liability insurance, or a bond if insurance is not available, in an amount determined by the municipality to cover any damage or injury caused by the dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the licensee resides to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy;
(7) to not walk the dog further than the distance from the licensee's residence as may be established by the municipality; and
(Cool to allow the animal control officer, code enforcement official, or other official designated by the municipality to inspect the enclosure and the licensee's property at least monthly to determine compliance with this section.
e. A municipality adopting an ordinance pursuant to this section may provide that it apply only to dogs born after such date as the municipality may establish in the ordinance and to dogs born before that date if they have not been properly licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.).
Start writing letters and sending e-mails NJ residents BSL has been proposed again. Don't sit back and watch. Stand up for your dog!!!!!!!!!!!!!!
every year mayor sharpe james of newark introduces this bill and every year he is defeated. he should stick to cleaning up newark first, that would help solve part of the problem. clean up his own streets of drug dealers, gang members (the police will NOT go into some parts of newark, gee i wonder why) and then maybe the human aggressive dogs will not be bred because there wont be any gangs, drug dealers to breed them.. start in his own neighborhood before he tries to go to ours.
http://www.njleg.state.nj.us/2006/Bi...000/801_I1.HTM
SENATE, No. 801
STATE OF NEW JERSEY
212th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION
Sponsored by:
Senator SHARPE JAMES
District 29 (Essex and Union)
SYNOPSIS
The "Responsible Pit Bull Ownership Licensing Act"; authorizes municipalities to require a license for a person to own, keep or harbor a pit bull.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
AN ACT concerning persons who own, keep, or harbor certain kinds of dogs and supplementing Title 4 of the Revised Statutes.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known, and may be cited, as the "Responsible Pit Bull Ownership Licensing Act."
2. As used in this act:
"Animal control officer" means a certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the municipality or that officer's designee; and
"Pit bull" means any dog of the breed American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or Staffordshire Terrier, or any dog determined to be a pit bull type dog pursuant to subsection c. of section 3 of this act.
3. a. A municipality may, by ordinance, require any person residing within the municipality who owns, keeps or harbors a pit bull in the municipality to obtain an annual license to own, keep or harbor such a dog. No such license shall be issued to any person under the age of 18 years. This license, and any requirements or conditions attached thereto, shall be in addition to any license or other authorization required pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.), P.L.1989, c.307 (C.4:19-17 et seq.) or any other law.
b. A municipality adopting an ordinance pursuant to subsection a. of this section may require the license applicant to provide:
(1) information about the breed, sex, age, color and markings of the dog and whether it is of a long- or short-haired variety;
(2) information about any licenses issued for the dog pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.), P.L.1989, c.307 (C.4:19-17 et seq.) or any other law;
(3) the name, street and post-office addresses, and telephone number of the license applicant;
(4) the license applicant's record, if any, of criminal convictions or of convictions or other adjudications for animal cruelty; and
(5) any other information the municipality deems appropriate to protect the public health, safety, and welfare.
c. (1) A municipality adopting an ordinance pursuant to subsection a. of this section may require any person residing within the municipality who owns, keeps or harbors any kind of dog to provide proof that the dog is not a pit bull. If breed records are not available or the dog is a mongrel, hybrid, or mixed breed, the municipality may by visual inspection and use of detailed professional standards and illustrations decide if the dog is a pit bull type dog. In lieu of visual inspection, the municipality may require submission of a photo or photos of the dog for the purposes of this paragraph.
(2) Any person who owns, keeps or harbors a dog determined by a municipality pursuant to this subsection to be a pit bull may appeal that decision to the municipal court, which shall conduct a hearing de novo on the matter. Appeal from the decision of the municipal court may be made by the person who owns, keeps or harbors the dog or by the municipality by filing with the Superior Court, Law Division, in accordance with the Rules Governing the Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction.
d. A municipality may attach such conditions to the issuance, renewal, or retention of a license pursuant to this act as the municipality deems appropriate to protect the public health, safety, and welfare, including but not limited to requiring the license applicant or licensee to comply with the following conditions:
(1) to not have been convicted of any criminal offense set forth in chapters 11 (Criminal Homicide), 12 (Assault; Reckless Endangering; Threats), 13 (Kidnapping and Related Offenses: Coercion), 14 (Sexual Offenses), 15 (Robbery), 17 (Arson, Criminal Mischief, and Other Property Destruction), 18 (Burglary and Other Criminal Intrusion), 20 (Theft and Related Offenses), 24 (Offenses Against the Family, Children and Incompetents), 25 (Domestic Violence), 35 (Controlled Dangerous Substances), 36 (Drug Paraphernalia), 37 (Gambling Offenses), 39 (Firearms, Other Dangerous Weapons and Instruments of Crime), or 41 (Racketeering) of Title 2C of the New Jersey Statutes, or of an attempt or conspiracy to commit any such criminal offense listed in this paragraph;
(2) to not have been convicted of, or otherwise adjudicated of violating, any animal cruelty offense set forth in chapter 22 of Title 4 of the Revised Statutes;
(3) to not be a member of a household that includes a person who has been convicted of any criminal offense, or who has been convicted of or otherwise adjudicated of violating any animal cruelty offense, listed in paragraphs (1) or (2) of this subsection;
(4) to display, in a conspicuous manner, a sign on the premises where the dog is kept and maintained warning that a pit bull is on the premises, which sign shall be visible and legible from 50 feet of the enclosure required pursuant to paragraph (5) of this subsection;
(5) if the dog is to be kept outside for any period of time, to immediately erect and maintain an enclosure for the dog on the property where it will be kept and maintained, which has sound sides, top and bottom to prevent the dog from escaping by climbing, jumping or digging and within a fence of at least six feet in height separated by at least three feet from the confined area. The licensee shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of the dog by an unknowing child or other person. The dog shall be confined in the enclosure when on the property where it will be kept and maintained or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the animal control officer, or other official designated by the municipality, and having a minimum tensile strength sufficiently in excess of that required to restrict the dog's movements to a radius of no more than three feet from the licensee and under the direct supervision of the licensee;
(6) to obtain and maintain liability insurance, or a bond if insurance is not available, in an amount determined by the municipality to cover any damage or injury caused by the dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the licensee resides to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy;
(7) to not walk the dog further than the distance from the licensee's residence as may be established by the municipality; and
(Cool to allow the animal control officer, code enforcement official, or other official designated by the municipality to inspect the enclosure and the licensee's property at least monthly to determine compliance with this section.
e. A municipality adopting an ordinance pursuant to this section may provide that it apply only to dogs born after such date as the municipality may establish in the ordinance and to dogs born before that date if they have not been properly licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.).