Prevention of Animal Cruelty Guide

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This document provides a guide to the Prevention of Animal Cruelty Laws, specifically addressing amendments to the Prevention of Cruelty to Animals Act (N.J.S.A. 4:22-17 et seq.). It outlines the legal requirements and prohibitions for individuals who own, have custody, or control dogs, service animals, or pets, emphasizing the importance of understanding these newly enacted laws. The guide covers topics such as unlawful treatment of animals, evacuation orders during emergencies, cruel restraint of dogs, unlawful confinement, and a synopsis of other prohibited acts related to animal welfare, intending to provide a helpful guideline for compliance.

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--- Document: Prevention of Animal Cruelty Guide Document ---
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GUIDE TO PREVENTION OF 
ANIMAL CRUELTY LAWS 
 
Amendments to the Prevention of Cruelty to Animals Act (hereinafter “the 
Act”), N.J.S.A. 
 
4:22-17 et seq., were recently signed into law.  The new legal requirements set forth 
in the Act apply to any individual who owns or has custody or control (hereinafter 
“caretaker”) of a dog, service animal or an animal that is a pet. 
 
To ensure all dog, pet and service animal owners and caretakers have a basic 
understanding of these newly enacted legal requirements, a brief, general description 
of the requirements and prohibitions and a guide to compliance is provided below.   
The description below also includes a short synopsis of prohibited acts that apply to 
animals in general, which is provided to ensure that the general public is aware of 
these restrictions.   This brief overview is intended to be a helpful guideline and is not 
intended to be a substitute for reading the law in its entirety. 
 
Unlawful 
Treatment 
of 
Animals 
It is unlawful to expose a dog, pet, or service animal to harsh weather conditions, 
such as freezing temperatures (32 degrees Fahrenheit or below), excessive heat (90 
degrees Fahrenheit or above), rain or snow, for more than thirty minutes when the 
owner or caretaker of the animal is not with the animal and exposed to same 
conditions.  An owner or caretaker who violates this requirement could be subject to a 
fine, imprisonment, community service, ordered to pay restitution, and/or possibly have 
his or her animal seized. 
 
To avoid a violation of this section of the Act, an owner or caretaker must 
provide his/her animal with appropriate shelter if the animal will be out in harsh weather 
for longer than thirty minutes.  A proper shelter is a structure that is soundly built, in 
good repair and provides the animal with adequate ventilation, water, light, and 
space to move and sit.  In addition to these standard requirements, the shelter must 
also be enclosed, have a solid roof, solid walls with a single opening, a floor that 
is not the ground, insulation, dry bedding, and a windbreak at the entrance that is 
sufficient to keep the animal dry and maintain the animal’s normal body 
temperature when the animal is exposed to freezing temperatures and/or inclement 
weather. When the animal is exposed to excessive heat, the structure must 
also have adequate shade or a cooling area by natural or artificial means to allow 
the animal to maintain a normal body temperature. 
 
See N.J.S.A. 4:22-17.2 and 17.5 
 
Evacuation Orders 
When State or local officials issue an order of evacuation due to emergency 
conditions, the owner or caretaker of a dog, pet or service animal must make 


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every effort to evacuate with the animal.  An owner or caretaker who violates this 
requirement could be subject to a fine, imprisonment, community service, ordered to 
pay restitution, and/or possibly have his or her animal seized. 
 
To avoid this violation, the owner or caretaker must make reasonable 
efforts to evacuate with his or her animal.  If it is not possible to evacuate with the 
animal, the owner or caretaker should (1) deliver the animal to a safe area not 
impacted by the emergency, or (2) secure the animal in an indoor area that is clear 
of hazards and is as protective of the dog, pet, or service animal as possible under 
the circumstances and alert local emergency responders to the animal’s location. 
 
See N.J.S.A. 4:22-17.2 
 
Cruelly Restraining a Dog 
 
It is unlawful for any person to cruelly restrain a dog.  An owner or caretaker 
who violates this requirement could be subject to a fine, imprisonment, community 
service, ordered to pay restitution, and/or possibly have his or her animal seized. 
 
To avoid a violation, an owner or caretaker cannot tether: 
(1) a nursing female dog or a dog less than four months old; 
(2) a dog that is outdoors between the hours of 11 p.m. 
and 5 a.m.;  
(3) a dog in an unoccupied building or in a vacant 
property; 
(4) a dog in a manner that does not permit the dog continuous access to 
water; 
(5) a dog in a manner that exposes the dog to harsh weather conditions, 
including, but not limited to, freezing temperatures, excessive heat, rain or 
snow, for more than 
30 minutes; 
(6) a dog by means of a choke collar, prong collar, head harness, or any 
other type of collar, harness, or similar device other than a properly fitted 
body harness or buckle - type collar; 
(7) a dog by using a chain with metal links that are more than one -quarter 
of an inch thick, or a tether, collar, or harness that is attached to a weight ; 
(8) a dog with another dog; 
(9) a dog with a tether that is less than 15 feet in length or does not permit 
the dog to walk at least 15 feet in any one direction, except when the dog 
is indoors with its owner or caretaker; or 
(10) a dog with a tether that permits the dog to reach another dog or an 
object or location that poses a risk of entanglement, strangulation, 
drowning, or other harm to the health or safety of the dog. 
 
 
 
Please note that paragraphs 2, 9, and 10 above shall not apply if the 


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dog’s owner or caretaker is in the presence of the dog and can see the dog at all 
times while the dog is tethered. 
 
Additionally, enforcement of paragraph 2 will begin in February 2019. 
 
See N.J.S.A. 4:22-17.3 
 
Unlawful Confinement 
The Act prohibits an owner or caretaker of a dog, pet or service animal from 
confining the animal in any structure, room, area, or container that is not a proper 
shelter.  An owner or caretaker who violates this requirement could be subject to a 
fine, imprisonment, community service, ordered to pay restitution, and/or possibly have 
his or her animal seized. 
 
To avoid a violation of this requirement, an owner or caretaker must provide his 
or her animal with a shelter that is soundly built, in good repair and provides the animal 
with adequate ventilation, water, light, and space to move and sit. 
 
Proper shelter does not include a crawl space under a building, such as under 
steps, a deck, or a stoop, or space under a vehicle. Proper shelter also does not 
include the inside of a vehicle for a length of time that a person should reasonably 
know poses an adverse risk to the health or safety of the animal. Additionally, a proper 
shelter cannot be made from pressure treated wood containing the chemicals arsenic 
or chromium, have a floor consisting of wire or chain-link, have openings that a paw, 
hoof or foot of an animal can pass through, or be made of cardboard or other materials 
that are easily degraded by the elements. 
 
Please note that a person may confine a dog, pet or service animal 
temporarily in an animal carrier or crate for the purpose of transporting, exhibiting or 
training the animal so long as the animal is inside the vehicle when being 
transported, the animal can easily turn around in a full circle and lie down in the 
carrier or crate, and the top of the animal’s head does not touch the ceiling of the 
crate or carrier. 
 
See N.J.S.A. 4:22-17.4 and 17.5. 
 
Prohibited Acts 
 
It is unlawful to: 
• directly or indirectly abuse, torment, overwork, torture, maim, poison, 
cause serious bodily injury or the death of a living animal or creature; 
• fail to provide the living animal or creature in one’s custody with necessary 
ca re; 
• receive or sell a horse that is suffering from abuse or neglect or that cannot 
be ridden or worked due to a disability or disease; 
• arrange, witness, gamble on or assist with animal fighting or baiting; 
• carry an animal or leave an animal unattended in a vehicle under 


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inhumane conditions adverse to the health of the animal; 
• own, operate, manage or conduct a roadside stand or market that is 
along a public street or highway or a shopping mall and confine an 
animal or allow an animal to roam for exhibit purposes*; 
• keep or exhibit a wild animal at a roadside stand or market that is 
along a public street or highway, a gas station or shopping mall; 
• sell or give away live baby chicks, ducklings, rabbits, turtles or chameleons 
that have been dyed or that are under two months old; 
• own, possess, keep, train, promote, purchase, or sell an animal for fighting 
or baiting purposes 
• sell dog, cat or horse meat or the fur of a dog or cat (unless the fur is from 
a groomer or veterinary office or for scientific research); 
• surgically debark a dog; 
• use a live pigeon, fowl, or other bird for the purpose of a target or to be 
shot, except in the shooting of game; 
• use a dog for drawing a vehicle for business purposes; 
• abandon a domesticated animal or abandon a sick or disabled animal 
to die in a public place; 
• confine an animal without providing the animal with food and water or fail 
to provide an animal with necessary care; 
• sell an animal with a contagious or infectious disease; 
• use an animal, reptile or bird for purposes of solicitation**; or 
• artificially mark sheep or cattle. 
 
A person who violates this statute is subject to a fine ranging from $250 to 
$5000.  To avoid a fine, individuals should not engage in the above-listed 
prohibited acts. 
 
*  This section does not apply to pet shops, individuals who keep these 
animals for protection of the premises, breeder associations, 4 -H clubs, 
educational agricultural programs, equestrian teams, or charitable 
organizations conducting exhibits. 
 
** This section does not apply to exhibits conducted by 4-H clubs or breeder 
associations. See N.J.S.A. 4:22-26.