New Jersey here we go again!! BSL Proposed!!!

Pits in the news and info on Breed Specific Legislation.

Postby Maryellen » January 17th, 2006, 9:10 am

Dam Mayor of Newark!!!
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/Bills ... 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
(8) 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.).

4. a. A municipality may, by ordinance, fix the sum to be paid annually for a license issued pursuant to subsection a. of section 3 of this act and for each renewal thereof, which sum shall be not less than $150 nor more than $700. In the absence of any local ordinance, the fee for the license shall be $150.
b. The municipality may provide for a reduction in the annual fee or attach fewer conditions to the issuance of a license under this act, or both, if the applicant provides proof to the satisfaction of the municipality that the person has completed an approved behavior training class for the dog.

5. A licensee under this act shall:
a. notify the licensing authority, local police department or force, and the animal control officer if the dog is at large, or has attacked a human being or severely injured or killed a cat, dog, or livestock other than poultry;
b. notify the licensing authority, local police department or force, and the animal control officer within 24 hours of the death, sale or donation of the dog;
c. prior to selling or donating the dog, inform the prospective owner that the dog is a pit bull subject to this act;
d. upon the sale or donation of the dog to a person residing in a different municipality, notify the department and the licensing authority, police department or force, and animal control officer of that municipality of the transfer of ownership and the name, address and telephone number of the new owner; and
e. in addition to any license fee required pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.), section 1 of P.L.1983, c.172 (C.4:19-15.3b), section 1 of P.L.1983, c.181 (C.4:19-15.3c), and P.L.1989, c.307 (C.4:19-17 et seq.), pay the license fee required by section 4 of this act.

6. a. Any person who violates this act or any ordinance adopted pursuant thereto shall be subject to a fine of up to $1,000 per day of the violation and license suspension or revocation. Each day's continuance of the violation shall constitute a separate and distinct violation.
b. A municipality may seize and impound any pit bull if the person owning, keeping or harboring the dog violates any provision of this act or any ordinance adopted pursuant thereto. Any dog so seized and impounded shall be placed in a no-kill shelter until either the animal is properly adopted or dies of natural causes. The violator shall be liable to the municipality in which the dog is impounded for the costs and expenses of seizing and impounding the dog. The municipality may establish by ordinance a schedule of these costs and expenses.
c. The municipal court shall have jurisdiction to enforce this section.

7. All fines and fees collected or received by the municipality pursuant to this act shall be deposited in a special account and used by the municipality to administer and enforce the provisions of this act and P.L.1989, c.307 (C.4:19-17 et seq.).

8. Any action undertaken pursuant to the provisions of this act shall be deemed to be an exercise of a government function and shall be subject to the provisions of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq.

9. The provisions of this act shall not apply to any governmental entity, or any person authorized by a governmental entity, that owns, keeps or harbors a pit bull used for law enforcement activities.

10. The provisions and requirements of this act shall be in addition to those of P.L.1941, c.151 (C.4:19-15.1 et seq.), section 1 of P.L.1983, c.172 (C.4:19-15.3b), section 1 of P.L.1983, c.181 (C.4:19-15.3c), P.L.1989, c.307 (C.4:19-17 et seq.), or any other law.

11. This act shall take effect on the 90th day after enactment.


STATEMENT

This bill provides the authority for a municipality to regulate the ownership of pit bulls and pit bull type dogs.
Specifically, the bill provides that a municipality may, by ordinance, require any person residing within the municipality who owns, keeps or harbors a pit bull (or pit bull type) dog in the municipality to obtain an annual license to own, keep or harbor such a dog. No such license would be issued to any person under the age of 18 years. This licensing of the dog owner would be in addition to any licensing of the dog itself already required under existing law.
Under the bill, a municipality may require a 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;
(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.
The bill also authorizes a municipality to 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 that purpose. The bill establishes an appeal procedure in the event a dog owner disputes the municipality's determination as to whether a dog is a pit bull type dog.
In addition, the bill authorizes a municipality to attach such conditions to the issuance, renewal, or retention of a pit bull owner's license 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 of various criminal offenses listed in the bill;
(2) to not have been convicted of, or otherwise adjudicated of violating, any animal cruelty offense;
(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 the bill;
(4) to display, in a conspicuous manner, a warning sign on the premises where the dog is kept;
(5) if the dog is to be kept outside for any period of time, to immediately erect, maintain, and use an enclosure for the dog according to certain specifications set forth in the bill; and, if the dog is to be taken out of the enclosure, to securely muzzle and restrain the animal according to certain specifications set forth in the bill;
(6) to obtain and maintain liability insurance as specified in the bill;
(7) to not walk the dog further than the distance from the licensee's residence as may be established by the municipality; and
(8) 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 these requirements.
The fee for a pit bull owner's license, as established by the municipality, would be between $150 and $700 annually. Under the bill, a municipality could provide for a fee reduction or attach fewer conditions to the issuance of a license, or both, if the applicant provides proof to the satisfaction of the municipality that the person has completed an approved behavior training class for the dog.
A licensed pit bull owner would also be required under the bill to:
(1) notify certain authorities if the dog is at large, or has attacked a human being or severely injured or killed a cat, dog, or livestock other than poultry;
(2) notify certain authorities within 24 hours of the death, sale or donation of the dog;
(3) prior to selling or donating the dog, inform the prospective owner that the dog is a pit bull subject to this bill; and
(4) upon the sale or donation of the dog to a person residing in a different municipality, notify certain authorities in that municipality of the transfer of ownership and the name, address and telephone number of the new owner.
The bill provides that any person violating the bill or any ordinance adopted pursuant thereto would be subject to a fine of up to $1,000 per day of the violation as well as license suspension or revocation.
The bill also provides that a municipality may seize and impound any pit bull if the person owning, keeping or harboring the dog violates any provision of this bill or any ordinance adopted pursuant thereto. Any dog so seized and impounded must be placed in a no-kill shelter until either the animal is properly adopted or dies of natural causes. The violator would be liable to the municipality in which the dog is impounded for the costs and expenses of seizing and impounding the dog.
All fines and fees collected or received by a municipality pursuant to this bill would be required to be deposited in a special account to be used by the municipality to administer and enforce the provisions of this bill and P.L.1989, c.307 (C.4:19-17 et seq.) (the vicious and potentially dangerous dog law).
Maryellen
I live here
 
Posts: 5971

Postby pibblegrl » January 17th, 2006, 11:59 am

:cuss:

Where do we send letters to?

(claws come out....)
Candi

God created idiots as an endless source of amusement for the rest of us!
User avatar
pibblegrl
Snot Nose Bully Pup
 
Posts: 222
Location: Meriden, Ct

Postby Maryellen » January 17th, 2006, 12:01 pm

Senator
Sharpe James (D)


DISTRICT OFFICE ADDRESS: 50 Park Place, Suite 1535
Newark, NJ 07102
PHONE NUMBER: (973) 622-0007
http://www.njleg.state.nj.us/SelectRep.asp
Maryellen
I live here
 
Posts: 5971

Postby Romanwild » January 17th, 2006, 12:06 pm

Someone needs to be the media contact person and get on the phone quick. These battles are won in the media, not the legislator.
User avatar
Romanwild
I live here
 
Posts: 2931
Location: Watertown NY

Postby Maryellen » January 17th, 2006, 12:10 pm

we have a njforpitbulls@yahoogroup.com, i hope the president gets her butt on the phone..
Maryellen
I live here
 
Posts: 5971

Postby panda » January 17th, 2006, 12:48 pm

Letters can't hurt

I will send one to the senator
Dead Dog Walking Pit Bull Rescue
http://deaddogwalkingpitbullrescue.org/
User avatar
panda
Loyally Bully
 
Posts: 627
Location: Oregon

Postby Maryellen » January 17th, 2006, 12:50 pm

i already sent one to him. the link clicks to the states own email, so you cant copy your email or get the actual email address.. i will be sending him another letter yet again, i do it every year...
Maryellen
I live here
 
Posts: 5971

Postby ammitnme » January 19th, 2006, 5:46 am

My Dog Votes Barbara is in Newark I believe.
Have the Commitees even been assigned yet?

Romanwild is right about the media....we need to hit that hard

everyone grab someone from here...LOL

http://www.conservativeusa.org/megalink.htm
User avatar
ammitnme
Just Whelped
 
Posts: 29
Location: Iowa

Postby Maryellen » January 19th, 2006, 9:19 am

i have already contacted the president of njforpitbulls to find out what our group will do, and i have a contact at the local paper to call to get a interview going and stuff... we also have a njdoglaw at yahoo too for this kind of stuff
Maryellen
I live here
 
Posts: 5971

Postby Maryellen » January 20th, 2006, 3:22 pm

Contact Info:

With Senate bill 801 introduced, I urge everyone to write to your NJ state senators and assembly representatives, to NJ newspapers, and to encourage your friends and contacts to do the same to oppose this BSL legislation.

NJ senators and assembly respresentatives, along with the bill, can be looked up at:
http://www.njleg.state.nj.us/

A list of media emails, courtesy of Maureen Reynolds back in June of 2004 (the last time this was introduced) is:
Here is the handy dandy press email list for NJ.

indy@gmnews.com,
bobingle@app.com,
news@njtimes.com,
ebsent@gmnews.com,
nssent@gmnews.com,
mgray@sjnewsco.com,
jimsix@sjnewsco.com,
examiner@gmnews.com,
gmntnews@gmnews.com,
bulletin@gmnews.com,
hubeditor@gmnews.com,
news@express-times.com,
eholliday@sjnewsco.com,
sjinquirer@phillynews.com,
slevine@courierpostonline.com,
cpmetro@courierpostonline.com,
rwsnyder@andromeda.rutgers.edu

Here we go again!!!
Maryellen
I live here
 
Posts: 5971

Postby Patch O' Pits » January 20th, 2006, 3:53 pm

It helps to also contact the assembly men and oter officials as well. The more of a stink we but up the less likely they will accomplish anything. Last time around petsmart let us come out on the weekend and hand out info and get petitions signed
Patch O' Pits Pursuit-O-Perfection

Run Hard at the Rainbow Bridge My Angel Sock-M! I Love You Baby Girl! Now that your Mom Starlit is up there too, please help her learn the ropes, love and keep her company until I can see you both again. Starlit I love you!
http://i14.tinypic.com/2a8q345.jpg
User avatar
Patch O' Pits
Welcome Wagger
 
Posts: 4426
Location: Northeastern, USA

Postby mnp13 » January 20th, 2006, 3:57 pm

Also - it is important to note that a PAPER letter is often more effective than email. It shows that you are willing to go the extra step - because email is quick and easy... and easily dismissed.
Michelle

Inside me is a thin woman trying to get out. I usually shut the bitch up with a martini.
User avatar
mnp13
Evil Overlord
 
Posts: 17234
Location: Rochester, NY

Postby Patch O' Pits » January 20th, 2006, 4:02 pm

Just sent out dozens of e-mails to other owners and dog lovers in the area
Patch O' Pits Pursuit-O-Perfection

Run Hard at the Rainbow Bridge My Angel Sock-M! I Love You Baby Girl! Now that your Mom Starlit is up there too, please help her learn the ropes, love and keep her company until I can see you both again. Starlit I love you!
http://i14.tinypic.com/2a8q345.jpg
User avatar
Patch O' Pits
Welcome Wagger
 
Posts: 4426
Location: Northeastern, USA


Return to Pit Bull news and BSL

Who is online

Users browsing this forum: Bing [Bot]

cron