4:22-14.2 Application for designation as municipal human law enforcement officer.

26. a. (1) An application for designation as a municipal humane law enforcement officer shall be submitted by the governing body of a municipality to the chief law enforcement officer of the municipality, or, if the municipality does not have a chief law enforcement officer, the Superintendent of State Police. Upon receipt of the application, the chief law enforcement officer of the municipality or the superintendent, as applicable, shall examine the character, competency, and fitness of the applicant for the position, including initiating a criminal background check at the expense of the applicant.

(2) Upon completion of an examination of an applicant, the chief law enforcement officer of the municipality or the superintendent, as applicable, shall approve or reject the applicant and provide a written determination to the applicant and to the governing body of the municipality which, if applicable, shall state any reasons for rejecting the applicant.

b. A municipal humane law enforcement officer shall have the power and authority within the municipality in which the officer is designated, or otherwise authorized to act, as a municipal humane law enforcement officer to:

(1) enforce all animal welfare and animal cruelty laws of the State and ordinances of the municipality;

(2) investigate and sign complaints concerning any violation of an animal welfare or animal cruelty law of the State or ordinance of the municipality; and

(3) act as an officer for the detection, apprehension, and arrest of offenders against the animal welfare and animal cruelty laws of the State and ordinances of the municipality.

c. A municipal humane law enforcement officer shall:

(1) abide by the provisions of chapter 22 of Title 4 of the Revised Statutes;

(2) satisfactorily complete the training course developed pursuant to subsection a. of section 11 of P.L.2005, c.372 (C.4:22-11.11), subject to the provisions of subsection c. of section 11 of P.L.2005, c.372 (C.4:22-11.11) as applicable, as soon as practicable, but no later than one year after the date on which the officer's designation is approved by the chief law enforcement officer in the municipality or the superintendent, as applicable;

(3) refer all complaints for violations of the provisions of subsection c. of R.S.4:22-17 to the county prosecutor for investigation and prosecution, or any other appropriate legal action, except that a municipal humane law enforcement officer may take any action necessary, within the authority granted pursuant to chapter 22 of Title 4 of the Revised Statutes, to respond to an emergency situation;

(4) provide notice to the county animal cruelty prosecutor designated pursuant to paragraph (1) of subsection a. of section 28 of P.L.2017, c.331 (C.4:22-14.4) within five businesses days after the receipt of any complaint of a violation of any provision of article 2 of chapter 22 of Title 4 of the Revised Statutes, regardless of whether the violation is referred to the county prosecutor pursuant to paragraph (3) of this subsection. The notice shall contain, at minimum, a brief description of the offense alleged; and

(5) submit, by October 1 of each year, a report to the animal cruelty prosecutor designated pursuant to subsection a. of section 28 of P.L.2017, c.331 (C.4:22-14.4), which shall include, for the most recently concluded State fiscal year, the number of complaints received for each offense under article 2 of chapter 22 of Title 4 of the Revised Statutes and the number of cases referred to the county prosecutor, and may contain any policy recommendations or concerns of the municipal humane law enforcement officer related to animal cruelty law enforcement in the municipality. The animal cruelty prosecutor shall compile these reports and submit them to the Attorney General as part of the annual report required pursuant to subsection d. of section 31 of P.L.2017, c.331 (C.4:22-14.7).

d. A municipal humane law enforcement officer may, upon receipt of a request for assistance by a municipality, county, or other entity that did not designate the municipal humane law enforcement officer pursuant to this section, exercise the powers and authority granted pursuant to this section within the jurisdiction of the municipality, county, or other entity making the request.

e. A municipal humane law enforcement officer may be so designated concurrently by more than one municipality, provided the officer is able to effectively carry out the duties and responsibilities required of each designation, except that a municipal humane law enforcement officer who serves concurrently as a police officer shall not be designated as a municipal humane law enforcement officer in more than one municipality at any one time.

f. Any rule or regulation concerning animal cruelty investigators, in effect on the date of enactment of P.L.2017, c.331 (C.4:22-14.1 et al.), shall be applicable to municipal humane law enforcement officers until otherwise revised or repealed by the Department of Health.

L.2017, c.331, s.26.