Welcome to the Jungle - New Jersey Environmental Health

Welcome to the Jungle
Addressing a Variety of Animal Issues
Colin T. Campbell, DVM
Public Health Veterinarian
Deputy State Public Health Veterinarian
New Jersey Department of Health & Senior Services
(609) 826-4872
Colin.Campbell@doh.state.nj.us
Outline
•
•
•
•
Addressing free-roaming cat situations
Requirements of owning exotic animals
Enforcement of the vicious dog law
Understanding the animal cruelty laws
“Lunch”
What’s all this I hear
about ‘feral cats’?
Definitions
• Feral - domestic species living in an unsocialized or wild
state
• Free-roaming - domestic animals roaming over multiple
properties
• Abandoned - purposely released by an owner
Cats residing on a property, e.g. barn cats, are the
property of the property owner and can be surrendered
to a shelter/pound
All cats (Felis catus or Felis Domesticus) are
defined as ‘domestic companion animals’
by State law, even if free-roaming/feral
Free-roaming Cats Facts
• Estimated to be up to 82 million in U.S.
– 2.5 million in NJ
• 7 - 22% of households feed free-roaming cats
• Non-native species (NOT wildlife!)
• Negative environmental impact
– Hunt and kill prey, spread disease, etc.
• Source of disease to pets and people
– 90% of domestic animal rabies cases are in cats
• Nuisance to residents
• Most are not adoptable
– High euthanasia rate
Legal Requirements
• Animal Control Laws (N.J.S.A. 4:19)
– 4:19-15.16: Cats off the property of an owner shall be
impounded by ACO at the municipal pound
• Ill or injured
• Causing Public health or safety threat
• Causing a nuisance
– Held for 7 days before adoption or euthanasia, unless
surrendered by lawful owner
• Animal Cruelty Laws (N.J.S.A 4:22)
– 4:22-17: Failure to provide food, water, shelter
– 4:22-19: Failure to provide food and water
– 4:22-20: Abandoning a domestic animal
Impounding Free-roaming Cats
• While impounded should be provided
with hiding space to reduce stress
• Staff should use precautions when
handling
• Usually not adoptable as pets
– Kittens must be removed and socialized
by 8 weeks of age to become tame
– Behavior assessment is recommended
prior to adoption
Control/Care of Free-Roaming Cats
• Trap and remove by ACOs
• Provide food and/or shelter
• ‘TNR’
– Trap free-roaming cats
– Neuter or spay them and
– Return them where they were
trapped
• Establish a managed colony
Real-life Issues
• The free-roaming cats are already out there in
the environment
• Public opinions are highly varied
• Trapping and removal of cat populations is
difficult and may not solve the problem
• Animal hoarding may be an issue
In a perfect world all cats would be household
pets, receive proper care, and be contained on
their owners property!
Managed Cat Colonies
• Goal is to reduce the population
– Numbers decrease by attrition
• Studies have show that the results vary
– Colony establishment can lead to increased
populations (abandonment, continued breeding, etc.)
• Need dedicated colony caregivers
• Colony should not pose a nuisance or threaten
wildlife populations
• Cat in colonies considered owned by caregiver
• Only effective in certain situations
– Not a panacea
Long-term Strategies
• Public Education:
– to prevent abandonment
– Spay and neuter before 6 months of age
– Keeping cats indoors/enclosed in yards
• Robust animal control
– Essential municipal public safety agency
•
•
•
•
Collaborate with cat activists
Prohibiting feeding and abandonment
Cat licensing with mandatory vaccination
Ordinance to allow managed colonies
Strategies for LHDs
• Collaborate with municipal officials and ACOs
• Help create appropriate ordinances
• Recommend that shelters and pounds spay and
neuter cats prior to adoption or provide an
incentive for sterilization (collect refundable
deposit
• Utilize concerned citizens constructively
• Refer residents to low-cost spay and neuter
programs for free-roaming cats
Need more information?
http://www.state.nj.us/health/
Click on “Topics A-Z”
Click on “O”
Click on “Office of Animal Welfare”
Click “Feral and Free-roaming Cats”
• Spay NJ –
http://www.spaynj.org/
Ownership of Exotic
and Nongame Animals
in N.J.
“Born Free”
Animal Diseases Jurisdiction
• NJ Department of Environmental
Protection (NJDEP)
– Wildlife, exotics, & nongame species
• NJ Department of Agriculture (NJDA)
– Livestock and Poultry
• NJ Department of Health (NJDH)
– Pets (domestic companion animals)
NJDEP
Division of Fish and Wildlife
Exotic and Nongame Wildlife
Northern Regional Office
• Regulations for the possession of wild and
exotic animals:
– Permit Program
– Species Exempted from a permit
– Potentially Dangerous Species
Why Are Permits Required?
• Regulation of exotic animal ownership is not
supported by State revenues
• Permit fee supports a self-sufficient program
• Provides for the welfare of captive animals
• Animal kept properly are less likely to escape,
have contact with the public, cause disease or
injury, and environmental damage
• Animals too dangerous to be kept are banned
Permit Categories
N.J.A.C. 7:25-4.6
•
•
•
•
•
•
•
•
Individual Hobby
Scientific Holding
Zoological Holding
Pet Shop
Animal Dealer
Scientific
Wildlife Rehabilitator
Animal Theatrical Agency
Provisions of Permits
N.J.A.C. 7:25-4.7
• Animals must have been legally acquired
• Shall receive veterinary treatment for
illness, injury, or infestation
• Shall receive adequate diet
• Caged to prevent escape and allow
normal behavior patterns for species
• Cannot liberate exotic animals
• Permit revoked for noncompliance
Species Requiring a Permit
N.J.A.C. 7:25-4.3
• Most exotic animals are listed as requiring
a permit, except those exempted
• Three Classes:
– Birds
– Mammals
– Reptiles
Species Exempt From a Permit
N.J.A.C. 7:25-4.4
• These animals can be possessed without
a permit
• Lists 4 types of animals:
– Birds
– Mammals
– Reptiles
– Amphibians
Potentially Dangerous Species
N.J.A.C. 7:25-4.8
Defined as: any exotic mammals, birds,
reptiles or amphibians, or nongame
species which, in the opinion of the
Division, is capable of inflicting serious or
fatal injuries or which has the potential to
become an agricultural pest, or a menace
to the public health, or indigenous wildlife
populations
The Most Dangerous Animal in
North America
Potentially Dangerous Species Permits
N.J.A.C. 7:25-4.9
• Cannot be kept as a pet or for hobby
purposes
• A pet shop or dealer permit cannot be
issued for these species
• Only issued for legitimate scientific
research, zoological or theatrical
• Permit contingent on applicant meeting
criteria on: education, knowledge, housing,
feeding, etc.
Exotic Animal Information
Ms. Linda DiPiano
NJDEP, Division of Fish & Wildlife
Exotic and Nongame Wildlife Permit Program
908-735-5450
EXOTICPERMITS@dep.state.nj.us
http://www.state.nj.us/dep/fgw/exotic_apps.htm
Understanding the
Vicious Dog Law
“I may be tiny but I’m dangerous”
Report of Animal Bites
N.J.S.A 26:4-79 through 81
When a Person is bitten by an animal:
• Notification to LHD by physician,
parent/guardian, bite victim
• Majority of reports are made by health
care providers
• Reports shall include full information on
bite victim and a description of the animal
Report of Animal Bites
N.J.S.A 26:4-82 through 86
• Biting dog, cat or other domestic animal
can be ordered by HO to be confined for
10 days from the date of bite
• HO can order animals that die or are
euthanized within the ten day confinement
period to be tested for rabies
• Reports can be evaluated for vicious dog
investigations
Vicious Dog Law
N.J.S.A. 4:19-17 through 37
•
•
•
•
•
Initiated by ACO
Based on actions of dog
Status determined by municipal court
Dog may be declared vicious = euthanize
Dog may be declared potentially dangerous
–
–
–
–
Special license
Post warning signs on property
Maintain the dog in an escape-proof enclosure
When out of enclosure securely leashed and muzzled
Vicious Dog Law
N.J.S.A. 4:19-19 through 20
Four Criteria for Impoundment of dog
– Attacked a person – death or serious injury
– Caused injury and dog poses threat
– Engaged in dog fighting activities
– Trained to attack persons or domestic animals
• ACO shall notify court and HO
• ACO shall notify owner by certified mail
within 3 work days of determining owner
Vicious Dog Law
N.J.S.A. 4:19-22
Judge declares dog Vicious:
– Killed a person or caused serious bodily injury
– engaged in dog fighting activities
• Cannot be declared vicious if provoked
– Municipality must prove dog was not
provoked
• After appeal, dog is euthanized
Vicious Dog Law
N.J.S.A. 4:19-23
Judge declares dog Potentially Dangerous (PD):
• caused bodily injury AND poses threat to injuring
persons
• Severely injures or kills domestic animal and
– poses threat of serous bodily injury or death to a person
or
– poses threat of death to another domestic animal
– Cannot be declared PD if other animal was aggressor
• Trained to attack persons or pets
• Municipality must prove dog was not provoked
Vicious Dog Law
N.J.S.A. 4:19-24, 31
Registration of PD dogs
• Special license
– $150-700 annual fee based on ordinance
– $150 in absence of ordinance
• Escape-proof enclosure
– Muzzled and on tether whenever out of
enclosure
• Warning sign on premises
– Legible from 50 ft of the enclosure
Vicious Dog Law
Additional Provisions
•
•
•
•
•
Includes wild-domestic canine hybrids
Law enforcement dogs are exempted
Municipality and owner can settle
Muni court rulings can be appealed
Act to supersede any ordinance
concerning vicious dogs or any type or
breed of dog ‘inconsistent’ with this law
Vicious Dog Law
Problems and Pitfalls
• ACO initiate the provisions of the law
• Owner must be notified within 3 days - rapid
investigation and decision
• ‘poses a threat’ – must be based on past actions
or current behavior
• Emotional situations, High media profile
• Private attorneys
• Tattoo and insurance requirements
• Appeals
– All procedures in the law must be followed or
declaration can be over-turned upon appeal
Vicious Dog Law
LHD Strategies
• Train and assist animal control officers
– Request that ACOs notify HOs of all PD dog
situations
– Assist with investigations and timely written
notification to owner
Establish PD dog licensing fee by ordinance
• Inform municipal court clerk, attorney, and
prosecutor of legal responsibilities
– Share a copy of law
– Assist with hearings
• Maintain dog bites reports in order to document
if animal ‘poses a future threat’
For a copy of the Vicious Dog Law
• http://www.njleg.state.nj.us/
• Choose “statutes” from selection menu
along left side of home page
• Type in “4:19-17”
• Click on “search” button
Enforcement of the Animal
Cruelty Laws
“Kiss me you fool”
Animal Cruelty Laws
• First passed in 1868 to protect working
horses and other “dumb animals”
• Established the New Jersey Society for
the Prevention of Cruelty to Animals
(NJSPCA)
• Also established district/county societies
• Animal control laws
developed in 1940s
Cruelty Laws
N.J.S.A 4:22-1 through 56
•
•
•
•
•
•
•
•
16 Exemptions
16.1 N.J.D.A. handle livestock and poultry
17a Failure to provide basic care
17b Torment, beat, maim, poison
19 Animal fac. requirements & euthanasia
20 Abandoning animals
25 Animal Fighting
26 Civil Penalties
Legal Requirements
• Animal Control Laws (N.J.S.A. 4:19)
– 4:19-15.16: Cats off the property of an owner shall be
impounded by ACO at the municipal pound
• Ill or injured
• Causing Public health or safety threat
• Causing a nuisance
– Hold for 7 days before adoption or euthanasia
• Animal Cruelty Laws (N.J.S.A 4:22)
– 4:22-17: Failure to provide food, water, shelter
– 4:22-19: Failure to provide food and water
– 4:22-20: Abandoning a domestic animal
Investigation & Enforcement
Investigation:
• NJSPCA Humane Law Enforcement
Officers (HLEOs)
• Municipal Animal Cruelty Investigators
(ACIs)
• Police or Sheriffs
Enforcement:
• City/county prosecutors
Handling Complaints
Before incident: Understand who is responsible
for animal cruelty investigation in each
municipality under your jurisdiction (HLEO, ACI)
and have their 24/7 contact info
• Gather factual information from complainant
• Initiate action for issues under LHD jurisdiction
– Animal control/facility operation, nuisance
• Refer complainant to animal cruelty agency
– If unsure, refer to police and NJSPCA
Contacting Animal Cruelty Agencies
• NJSPCA Hotline: 800-582-5979
– Operating 24/7
• NJSPCA county charters
• Local police
– Municipal ACIs
• County Sheriffs
NJ Depart. of Agriculture: 609-292-3965
– Livestock and poultry complaints
Useful Links
• http://njspca.org/index.html
• http://njspca.org/about-njspca-statutes.htm
• http://www.njcacoa.org/animal_cruelty_inv
estigator.htm
• http://www.state.nj.us/health/animalwelfare
/index.shtml
Patrick
“Before” and “after”
Questions or Discussion?
Dr. Faye E. Sorhage
faye.sorhage@doh.state.nj.us
Dr. Colin T. Campbell
colin.campbell@doh.state.nj.us
Ms. Linda Frese
linda.frese@doh.state.nj.us
(609) 826-4872 or (609) 826-5964
After-hours, emergencies only: (609) 392-2020
Time For A Break