New Jersey § 4:22-46

§ 4:22-46.

a. An animal care agency that takes custody of an animal pursuant to section 3 of P.L.2023, c. 129 ( C.4:22-46.2 ), or an authorized agent of the animal care agency, including an attorney prosecuting

an animal cruelty violation on behalf of a municipality or county, may, no later than

20 days after the animal is taken into custody, file an action in the Superior Court

seeking the reasonable costs of care for the animal from the animal's owner, or, if

the owner is not known to the plaintiff, the person from whom the animal was taken. A copy of the complaint shall be served upon the animal's owner, or, if the owner

is not known to the plaintiff, to the person from whom the animal was taken in accordance

with the rules of the court. The complaint shall include: (1) the name, business address, and telephone number of the animal care agency that

has custody of the animal; (2) a description of the animal taken into custody, including a licensed veterinarian's

assessment of the animal's condition and needs; (3) a statement of the actual and estimated reasonable costs of care for the animal; (4) a statement that, at any time after the animal has been taken into custody, the

animal's owner may relinquish ownership of the animal to the enforcement agency that

seized the animal or to the animal care agency with custody of the animal; (5) a statement that, if the animal's owner or the person from whom the animal was

taken fails to pay any portion of the reasonable costs of care for the animal, as

established by the court, when due, ownership of the animal shall immediately transfer

to the animal care agency with custody of the animal; and (6) a plain language summary of the provisions of P.L.2023, c. 129 ( C.4:22-46.1 et al.), to be prepared by the Attorney General's Office and distributed to animal

care agencies in the State. b. Upon receipt of a complaint filed pursuant to subsection a. of this section, the

court shall schedule a hearing on the complaint to be conducted no later than 30 days

after the date on which the complaint is filed with the court. Failure by the court to hold a timely hearing pursuant to this subsection shall

not affect the disposition of the animal under the provisions of P.L.2023, c. 129 ( C.4:22-46.1 et al.) or the disposition of any pending animal cruelty case against the person

from whom an animal was seized. c. At the hearing on a complaint filed pursuant to subsection a. of this section,

the plaintiff shall establish by a preponderance of the evidence that the animal was

taken into custody for the animal's protection from harm. The court may consider testimony from the agent or officer who seized the animal

and other witnesses as to the condition of the animal when seized and as to the conditions

under which the animal or other animals in the household were kept, testimony and

evidence as to the veterinary care provided to the animal, expert testimony as to

the proper and reasonable care of the same type of animal, testimony from any witnesses

as to the prior treatment or condition of this or other animals in the custody of

the owner or person from whom the animal was taken, or any other evidence the court

considers to be material or relevant. The plaintiff shall also demonstrate that the animal's owner, or, if the animal's

owner is not known, the person from whom the animal was taken, was served with a copy

of the complaint as required pursuant to subsection a. of this section. (1) If the court determines that the plaintiff has demonstrated by a preponderance

of the evidence that the animal was taken into custody for the animal's protection

and that the service and content of the complaint met the requirements of subsection

a. of this section, the court shall award damages for the reasonable costs of care

for the animal for the period the animal is in the custody and care of the animal

care agency against the animal's owner or the person from whom the animal was taken,

as appropriate. The costs shall be calculated from the date the animal was taken into custody by

the enforcement agency or animal care agency, whichever is earlier. (2) If the court determines that the plaintiff has not shown by a preponderance of

the evidence that an animal was taken into custody for the animal's protection, the

court shall not award damages for the reasonable costs of care, but the animal shall

remain in the custody of the animal care agency during the pendency of the criminal

investigation and proceeding related to the alleged criminal offense that led to the

seizure of the animal. (3) If the court determines that the service or content of the complaint did not meet

the requirements of subsection a. of this section, the animal shall remain in the

custody of the animal care agency during the pendency of the criminal investigation

and proceeding related to the alleged criminal offense that led to the seizure of

the animal. The plaintiff may petition the court for a thirty-day extension to refile the complaint. d. Unless otherwise ordered by the court, no later than seven days after the issuance

of a court order pursuant to subsection c. of this section, the person found liable

for the reasonable costs of care shall pay the animal care agency the full amount,

as required by the court, for the respective 30-day period. The person shall make a new payment in the same amount every 30 days until: (1) the owner voluntarily transfers ownership of the animal to the animal care agency; (2) ownership of the animal is transferred to the animal care agency pursuant to subsection

f. of this section; (3) the animal is euthanized pursuant to subsection g. of this section; or (4) final disposition of the proceeding related to the alleged criminal offense that

led to the seizure of the animal, including forfeiture of the animal pursuant to section

5 of P.L.2023, c. 129 ( C.4:22-26.2 ) or any other law. Upon a change in the animal's ownership status pursuant to paragraphs (1) through

(4) of this subsection, any unexpended amounts paid by the person to the animal care

agency shall be returned to the person. e. If the person against whom a judgment pursuant to subsection c. of this section

was entered fails to make a payment for the reasonable costs of care for an animal

within seven days of the date of issuance of the court order and every 30 days thereafter

as required pursuant to subsection d. of this section, ownership of the animal shall

immediately transfer, by operation of law, to the animal care agency with custody

of the animal, and the animal care agency shall obtain all rights and privileges in

and over the animal. f. An animal care agency shall not sell; permanently alter, unless medically necessary;

euthanize; offer for adoption; or otherwise dispose of an animal if the person liable

for the reasonable costs of care for the animal makes timely payments of such costs

to the animal care agency as required by the court; provided, however, that an animal

care agency may euthanize an animal at any time if a licensed veterinarian makes a

written determination that the animal is experiencing intractable and extreme pain

and is beyond any reasonable hope of recovery. g. If a person liable for the reasonable costs of care pursuant to this section is

found not guilty of the alleged criminal animal cruelty offense that led to the seizure

of the animal, and if the person has made timely payments of the reasonable costs

of care pursuant to this section, the person shall have the right to immediately repossess

the person's animal and to be reimbursed by the animal care agency for all of the

reasonable costs of care that were paid by the person to the animal care agency. h. The result of any hearing held pursuant to this section, and any statement made

by a party in the course of such a hearing, shall not be admissible in any criminal

prosecution for an animal cruelty violation. i. If the owner or the person from whom an animal was taken, as applicable, fails

to appear for a hearing for the reasonable costs of care for an animal pursuant to

this section, the owner or other person shall be liable for the costs, and all other

provisions of this section shall remain in force. j. As used in this section, “ animal ” means any vertebrate other than humans, except that, other than animals used in

connection with a violation of R.S.4:22-24 and equine animals, “animal” shall not include “domestic livestock” as defined by

section 1 of P.L.1995, c. 311 ( C.4:22-16.1 ).