Cruelty | Criminal Law | Zoning Violations
New Jersey has several animal anti-cruelty statutes, some of which are criminal and some of which are civil. All involve fines and penalties as well as potential jail sentences. However, some so-called “cruelty” prosecutions are brought against people who are actually trying to rescue and protect animals. Gina Calogero is one of the foremost animal cruelty lawyers in Bergen county and one of the most well-known animal rights attorneys in New Jersey.
New Jersey has very clearly defined anti-cruelty laws. They include but are not limited to:
4:22-26. Acts constituting cruelty in general; penalty
(excerpts)
A person who shall:
Overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary sustenance, or cruelly beat or otherwise abuse or needlessly mutilate or kill a living animal or creature
Inflict unnecessary cruelty upon a living animal or creature of which he has charge or custody either as owner or otherwise, or unnecessarily fail to provide it with proper food, drink, shelter or protection from the weather
Abandon a maimed, sick, infirm or disabled animal or creature to die in a public place.
These are by no means the end of the New Jersey anti-cruelty laws. They cover most of the situations in which an animal is deliberately abused. If you know of an animal that is being abused in any situation, contact our firm immediately and we will see what we can do about either helping you to bring a case against the abuser.
Local laws that prohibit feeding of wildlife (including feral cats) are becoming more common. Some towns have passed ordinances that limit the number of cats or dogs in a household. People who are charged with any criminal offense arising out of the Animal Cruelty Laws or a local zoning code, should seek legal advice immediately. Animal accident lawyers can certainly help with this and should be the first point of contact.
As a municipal prosecutor, as well as a zoning and land use lawyer with experience in local government, Gina Calogero is familiar with these issues and has experience both in the defense and prosecution of cases involving conflicts between local laws and families with companion animals.
The fines and potential damages for New Jersey anti-cruelty laws are also clearly delineated:
Excerpt from 4:22-26. Acts constituting cruelty in general; penalty
Shall forfeit and pay a sum not to exceed $250.00, except in the case of a violation of subsection "t." a mandatory sum of $500, and $1,000 if the violation occurs on or near a roadway, to be sued for and recovered, with costs, in a civil action by any person in the name of the New Jersey Society for the Prevention of Cruelty to Animals.
While these fines seem low in regards to the violation, forcing an animal abuser to pay them is important as each case sets a precedent for zero tolerance of cruelty to animals in the state of New Jersey.