NJ Animal control officers on trial for illegal cat killings

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Earlier this year, we wrote about the importance of getting New Jersey animal control officers, local health department officials, pounds and animal shelters to abide by the 7-day holding period for stray animals.  See “New Jersey– enforce the mandatory 7-day holding period for stray animals.”

In New Jersey, stray animals must be held for at least seven days before they can be killed or offered for adoption.  N.J.S.A. 4:19-15.16.  The so-called seven-day holding period for gives families the opportunity to reclaim lost pets. It also protects animals from being needlessly killed by municipalities, pounds and shelters that do not want to be bothered with, or feel they do not have the time or space for, a stray animal.  Unfortunately, too many times this law is just plain ignored.

Now, in an important case that should be followed, Manalapan Township NJ animal control officers Sharon Gaboff, John Domic and Cherlann Ambrose, and Freehold health officer Julie Kramer are on trial for allegedly killing cats before the 7-day holding period.

The case is being heard in Manalapan Township Municipal Court.

We hope that as a result of the case, the law will be followed by everyone who handles animals!

For details about the case see:

http://www.newjerseynewsroom.com/state/animal-control-officers-acos-on-trial-for-illegal-cat-killings

 

NJSPCA– stop making it harder for citizens to form local SPCA chapters!

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Apparently, the New Jersey Society for the Prevention of Cruelty to Animals is at it again.

It wasn’t enough that it refused for 4 years to review the applications of former animal cruelty enforcement officers and animal protection advocates who are seeking permission to form local SPCA chapters…

It wasn’t enough that it forced these interested citizens to bring a lawsuit in order to get a Final Court Order which has directed the NJSPCA to adopt procedures for the review of county chapter applications, so the citizens can get decisions on their applications…

The NJSPCA has now released draft procedures that are so draconian as to outright discourage citizens from applying to form local SPCA chapters.  This is wrong!

Under draft procedures approved by committee, but not yet adopted by the full NJSPCA board, the SPCA would require that before getting SPCA approval to form a chapter, interested parties for each chapter would have to meet stiff requirements including the following:

  • raising tens of thousands of dollars in donations,
  • paying thousands in application fees,
  • obtaining millions of dollars in liability insurance,
  • providing social security numbers for themselves and the people who live with them,
  • listing all animals they own,
  • listing the breeds of the animals they own,
  • providing vet records for their animals the past 3 years,
  • requiring board members to perform law enforcement whether they want to or not; etc.

The NJSPCA should stop making it harder and harder to form local chapters.  The NJSPCA needs to stop its petty “turf games” and its selfish pursuit of all fees and donations for itself at all costs.  Let people get going to form local chapters in their communities so they can get to work fighting cruelty and helping animals!

We have obtained a copy of the press release providing further details; see below:

Former animal cruelty enforcement officers stunned

by proposed NJSPCA procedures that would

discourage citizens from applying to form local SPCA chapters

New Brunswick, NJ.   May 2, 2013

Former animal cruelty enforcement officers and animal protection advocates, who have been trying for four years to get the NJSCPA to grant them approval to form local chapters in Camden, Ocean and Mercer counties, say they are stunned by new draft procedures recently released by the NJSPCA that would make it extremely difficult for anyone to form a new chapter.

The state statute requires the SPCA to “facilitate the formation of county SPCA chapters where none exist.”  None have existed for years in many counties in the state, including Camden Ocean, and Mercer.

In draft procedures approved by committee, but not yet adopted by the full NJSPCA board, the SPCA would require that before getting SPCA approval to form a chapter,  interested parties for each chapter, would have to meet stiff requirements including the following:

  • Raising $10,000 in donations before they can even apply for approval to form a county chapter;
  • Paying a $3,000 application fee;
  • Showing proof of $5M general insurance policy;
  • Identifying 10 board members;
  • Providing the social security number for each board member and the social security number for each person who lives with them;
  • Listing all the animals that they own;
  • Listing the breeds of all animals they own;
  • Providing the veterinary records for the past 3 years for all animals they own;
  • Requiring the local chapter to surrender all its assets of and donations raised by the local chapter if the NJSPCA decides to terminate its charter; and
  • Requiring 6 of the board members to complete intensive law enforcement training within six months of formation – an expensive and time-consuming process – and one that is totally inappropriate when most volunteers may not be suited to performing law enforcement board but participate constructively by organizing, doing fundraising, making phone calls, helping animals find good homes for adoption, or hosting bake sales.

Today, representatives of the approximately three dozen individuals who want to form charters in these counties wrote directly to NJSPCA board members asking them not to adopt the draft procedures, and to instead stop creating delays and new impediments, and finally give them the approval to move ahead to start forming these chapters so they can help animals.

John Micklewright, a Certified Animal Cruelty Investigator, and member of the Camden group, said “state statute requires the board to ‘facilitate’ the formation of local chapters but the SPCA seems to purposely come up with new ways to frustrate the formation of chapters.”

Jane Donoghue, a former Commissioned Humane Law Enforcement Officer with the NJSPCA, and member of the group from Ocean, said: “Animals in these counties continue to suffer because the NJSPCA does not have enough law enforcement  officers to handle cruelty calls.”

Kristine Schmidt, a volunteer for Pet Rescue of Mercer, and member of the Mercer group, said: “The last time that local chapters were approved back in 2008, the NJSPCA imposed none of these impediments.  In fact, the NJSPCA waived initial application fees, waived any requirement to do law enforcement for 6 years, gave applicants a loan, and told them that the NJSPCA would give them half of their revenue for two years so they could get on their feet.”  Said Schmidt, “That’s how you ‘facilitate’ the formation of new County chapters and that’s what the SPCA should do here.”

# # #

FOR FURTHER INFORMATION:

Dante Di Pirro, Esq.

Law Office of Dante Di Pirro

77 Snydertown Road

Hopewell, NJ 08525

609-429-0779

dante.dipirro@gmail.com

 

 

 

Angel of mercy for Sandy families and their pets finds no good deed goes unpunished–

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When hurricane Sandy devastated the New Jersey shore and the lives of shore residents, Laura Pople — a nationally recognized animal advocate and founder of Seer Farms– didn’t just put a couple dollars in a donation jar. When she heard the anguished tales of displaced families who were turned away from shelters because they would not leave their pets behind, Laura decided to take in their pets temporarily.

Grateful families got their pets to a safe, residential setting, and are able to visit them regularly until they can get back on their feet and take their pet home– a feel-good story with happy ending, right?

Maybe not!  This week Jackson Township NJ did not thank Laura for her selfless deeds for her  neighbors and community, did not issue a proclamation proclaiming her public service, or throw a congratulatory party for her in the municipal building.  Instead, Jackson cited Laura with operating an unpermitted “kennel”– a charge that could result in
her having to pay a $500 fine and serving up to 90 days in jail.  Is the old adage is true: no good deed goes unpunished?

Let’s not make it so!  Join us in speaking out in the name of justice!

  • Sign the on-line petition; or 
  • Call the Mayor’s 24/7 Hotline 732-928-1200 Ext. 137
  • And urge the town to permit her to keep helping Sandy families and their pets on her property.

For more information, see the press release below:

Angel of mercy for Sandy victim pets in town’s cross-hairs

Jackson Twp, NJ. 

 This week, Jackson Township issued a criminal complaint against Laura Pople for temporarily taking in pets of displaced Hurricane Sandy victims.  The complaint alleges that Laura failed to get a kennel license, a charge that carries sanctions of up to $500 in fines and 90 days in jail.

Laura Pople, who has received local, state and national recognition for her work on behalf of Seer Farms, said, “In times of crisis, like the devastation wrought by Sandy, when so many families are hurting, we have to do what we can to help.  I never dreamed that by helping I would get prosecuted.”

During the recent crisis, one particular plight of Sandy victims came to Laura’s attention when she learned that families who had lost their homes were in desperate need of a good, safe place to leave their animals until their homes could get rebuilt, the mold removed, or so that they could find suitable housing—and that most victims’ shelters do not accept pets.

About the foster care she provides, Laura said, “The temporary care is provided by a small but dedicated group of us who live on the grounds.  We care for the pets of people who cannot care for them right now and then we return the animals to their owners.  While the pets are here, the families get to visit them in our home, and we take care of the animals like they were our own.” 

It appears that Laura’s plight will soon get even more grim: the township has indicated that it plans to cite Laura with additional violations and wants to remove the animals from her property. 

Dante DiPirro, Esq, who represents Laura, has reached out to the township in an attempt to seek a mutually acceptable resolution but has not been able to get the town to agree to a dialog.   DiPirro said he is undaunted: “I refuse to believe that there is no amicable solution when the conduct charged is the very thing that is doing so much good for her community.  We have had too many Sandy victims already— we don’t need to add Laura to the list.”

The criminal case is scheduled for April 25, 2013 in Jackson township municipal court. 

FOR FURTHER INFORMATION:

Dante Di Pirro, Esq.

77 Snydertown Road, Hopewell, NJ 08525

609-429-0779  dante@dantelawyer.com

 

 

Criminal charges filed against Freehold Health Officer and Animal Control officers in Western Monmouth Animal Control for needless killing of animals

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Criminal charges for the needless killing of animals have been filed against Freehold Health Officer Julie Kramer, and Western Monmouth New Jersey Animal Control officers Sharon Gaboff, Cherlann Ambrose and John Domic.

The 25 charges allege that defendants needlessly killed stray animals and failed to comply with the 7-day holding period for stray animals which is mandated by New Jersey law.

The killing of the animals was uncovered by Stuart Goldman of Middletown who previously served as the chief law enforcement officer for the Monmouth County Society for the Prevention of Cruelty to Animals.

The criminal trial is being heard by Judge George Cieri in Manalapan Municipal Court.

The next trial day is scheduled for May.

This is an important case to watch since the 7-day holding period is often ignored by animal control officers, health officers, pounds and shelters, and the State Department of Health does not actively enforce the law.

 

New Jersey– enforce the mandatory 7-day holding period for stray animals. What would you do if your pet got loose and was killed by the pound before you could be reunited?

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In New Jersey, stray animals must be held for at least seven days before they can be killed or offered for adoption.  N.J.S.A. 4:19-15.16.  The so-called seven-day holding period for gives families the opportunity to reclaim lost pets. It also protects animals from being needlessly killed by municipalities, pounds and shelters that do not want to be bothered with, or feel they do not have the time or space for, a stray animal.

Unfortunately — despite the fact that the mandate is a requirement of state law– the seven-day holding period in New Jersey is too-often ignored.  There are numerous cases in which an animal is picked up and is killed before seven days, sometimes the same day as it was captured.  Whether the license tag or name tag fell off, or the pet was abandoned, these animals often get killed in violation of law.

Moreover, efforts to encourage municipalities, pounds and shelters to follow the law often fall on deaf ears.   And the State Department of Health has not taken action to actively enforce the seven-day holding period.

The law is the law, and government officials and regulated entities and individuals alike are obligated to follow the law.

Moreover, the law is based on sound policy.  Families deserve the opportunity to reclaim lost pets: what would you do if your dog or cat got out of the house, was picked up by animal control, and killed before you could be reunited?

New Jersey needs to enforce the mandatory 7-day holding period for stray animals.

That means that animal control officers, health department officers, and pound and shelter officers need to comply with the law.  And municipalities and the State Department of Health need to enforce the law’s requirements.

People who break the law should be prosecuted.  There’s no excuse for the needless killing of an animal.

NJSPCA dereliction of duty: after four years of inaction, Court orders NJSPCA to act within 60 days.

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After four years of inaction by the New Jersey Society for the Prevention of Cruelty to Animals on requests from three dozen volunteers that want to combat anti-animal cruelty, the New Jersey Superior Court this week ordered the NJSPCA to adopt procedures within 60 days to evaluate such requests.

The NJSPCA’s official response to the Order that concluded the law suit against it: we had planned to act anyway!

Wake up and smell the coffee burning!

Saying that you couldn’t figure out how to start reviewing applications for four years – when state statute requires you to assist interested persons to form local SPCA chapters  — is dereliction of duty, plain and simple.

The NJSPCA needs to stop acting like a bunch of good old boys that cares only about turf, vehicles with flashing lights, and what fee revenue it can generate.

Let people in their own communities fight animal cruelty!

And don’t say you were planning to act… Do it!  Approve the applications now!

See Times of Trenton “NJSPCA agrees to speed up process of creating local charters”

Court orders NJSPCA to adopt procedures to review county applications and complete application review within 60 days.

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Yesterday, the New Jersey Superior Court ordered the New Jersey Society for the Prevention of Cruelty to Animals to adopt procedures within 60 days for the evaluation of applications for county SPCA societies.  Applications have been pending for County Societies in Camden, Ocean and Mercer Counties for four years without the NJSPCA acting upon them or adopting procedures to review the applications.

State statute establishes the NJSPCA as a statewide entity and provides for the formation of County SPCA Chapters.  The statute provides that a County Society may be formed where there are at least ten interested individuals, but does not specify the process for the granting of the charter.  The statute further mandates that the NJSPCA “shall assist persons in counties without a chartered county society to obtain a charter.”

Plaintiff, Jane Donohue, a former NJSPCA law enforcement officer with ten years’ experience in the southern New Jersey region, said the NJSPCA never adopted a process and never provided any assistance as required by the statute: “Every time we asked about the status of the applications, we were told they were working on it.”  Last year, Plaintiffs gave up waiting for the NJSPCA, and filed a lawsuit in the Superior Court alleging the NJSPCA had violated the statute.  In court papers filed during the lawsuit, the NJSPCA argued that it needed time to come up with procedures to review applications. The matter was called for trial yesterday.  At the time of trial, the NJSPCA still had not adopted procedures.

The Court established strict time frames for the adoption of procedures and completion of the process.  From the bench the Judge stated, once the NJSPCA adopts procedures, Plaintiffs may file applications pursuant to the procedures adopted, and no later than 60 days after submission of an application, the NJSPCA shall act on the application.  The Court further ordered that if the NJSPCA denies an application, it shall set forth the reasons for the denial, and set forth what remedial steps, if any, would correct the deficiencies.

Plaintiff, John Micklewright, a certified Animal Cruelty Investigator active in Camden County with over fifteen years of experience in the animal field, said “It’s a travesty for animals and the public interest that the NJSPCA board introduced and approved county charters for friends at a single meeting in December 2007, but when individuals not hand-picked by them applied for charters in 2008, the NJSPCA board suddenly declared a need to form a committee to establish procedures to review charter applications, and four years later has not even adopted procedures to review these applications.”

Plaintiff, Kristine Schmidt, a member of Pet Rescue of Mercer for over ten years, said, “At least now we have a mandate that the NJSPCA take action, and do so by specified dates.  Three dozen people have been trying to volunteer to help animals; it’s high time the NJSPCA let them.”

New Jersey to NJSPCA: Stop spending money that should go to protecting animals on a lawsuit to keep volunteers from helping!

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Scores of people give their hard-earned money to groups dedicated to preventing animal cruelty, like the New Jersey Society for the Prevention of Cruelty to Animals.  They give donations during the year and leave money in their wills to the NJSPCA.  In either case, they give expecting that the money will go to help animals.

These generous individuals need to know that the NJSPCA has been using precious funds in needless litigation against volunteers who are merely trying to open local SPCA chapters so they can join in the fight against animal cruelty.

In December 2008 and February 2009, three dozen volunteers wrote to the NJSPCA seeking approval to open local SPCA chapters in Camden, Ocean and Mercer counties.  However, over three years later, the NJSPCA has not taken any action on these requests.  Given the NJSPCA’s long-standing failure to act on the requests, the volunteers had to file a lawsuit asking the Superior Court of New Jersey to step in and grant the languishing applications, so they could start helping animals.

When it was served with the lawsuit, the NJSPCA did not acknowledge that by statute it is mandated to assist individuals to create county chapters where they do not exist.  The NJSPCA could have apologized for the delay and made amends by immediately approving the charter requests.  Instead, the NJSPCA hired outside legal counsel and has been fighting the lawsuit which is set to go to trial February 4, 2013 in Middlesex County.

Fighting cruelty takes people and it takes funding.  The NJSPCA should know this.  It should stop dragging its heels, grant the county charter requests so that the volunteers can get to work without further delay, and stop spending money resisting  volunteers when the money is needed to protect animals!

 

New Jersey to NJSPCA: stop turning away volunteers!

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It’s been over 3 years since three dozen volunteers wrote to the New Jersey Society for the Prevention of Cruelty to Animals seeking the approval to start up local county SPCA chapters in their communities to combat animal cruelty.

The NJSPCA — a quasi-public entity charged with preventing animal cruelty in the state– is affirmatively required by statute to assist individuals to form local SPCA chapters in counties where they do not exist.

However, the NJSPCA has not even reviewed the county chapter applications submitted for Camden, Ocean and Mercer Counties back in December 2008 and February 2009.

Camden, Ocean and Mercer counties have been without a county SPCA chapter for many years, and the NJSPCA does not have the staff to handle cruelty calls and investigations in Camden, Ocean or Mercer counties, or most of the state below Route 195.

There are interested people willing and able to help, why not let them get to work?

Animal cruelty is a serious problem.  Every minute that the NJSPCA delays, more animals are at risk.

The NJSPCA should immediately approve the charter applications and let these volunteers join the effort to prevent animal cruelty.

Preventing animal cruelty is a significant public interest.  To be part of the solution, the NJSPCA needs to stop turning away volunteers!

For information about the volunteers’ lawsuit against the NJSPCA, see nj.com / Trenton Times article.  Mercer County anti-animal cruelty activists sue the NJSPCA over delayed county charters.” http://www.nj.com/mercer/index.ssf/2012/11/mercer_county_anti-animal_crue.html

 

Anti-cruelty advocates sue NJSPCA for failing to act on their applications to form county SPCA chapters

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Anti-cruelty advocates in Camden, Ocean and Mercer Counties have sued the New Jersey Society for the Prevention of Cruelty to Animals for failing to act on their applications to form county SPCA chapters.  The NJSPCA has kept plaintiffs waiting over three years during which time the NJSPCA claims it has been working on procedures to commence review of the applications.  The would-be volunteers are now asking the Court to step in and grant the languishing applications.

The suit, filed August 20, 2012 in Superior Court in Middlesex County, where the NJSPCA has its headquarters, alleges that the NJSPCA approved county charters for friends of the board in December 2008 but turned around and refused to act on county charter applications that the plaintiffs filed in December 2008 and February 2009.  In court papers, the NJSPCA claims that it did not have procedures to review the applications.  “We can’t understand how a quasi-public entity charged by statute with both protecting animals from cruelty and assisting persons to form county charters could refuse to review these applications, especially when it had just reviewed and approved applications for friends of the board,” said John Micklewright, a Certified Animal Cruelty Investigator, and a plaintiff in the suit.  “Whether the NJSPCA can’t or won’t get its act together and approve our applications, the failure is hurting animals,” said Jane Donoghue, a former Commissioned Humane Law Enforcement Officer with the NJSPCA, and plaintiff.

While there are a number of active county charters around the state, there have been no County SPCA chapters in Camden, Ocean or Mercer in at least a decade.  The NJSPCA has admitted that it is short on personnel for the southern part of the state, and yet has not acted on these applications that would enable over thirty volunteers to actively protect animals in Camden, Ocean and Mercer counties.

When plaintiffs filed suit, they filed an application seeking to expedite the case, so that it could get resolved as quickly as possible.  The NJSCPA filed opposition to the motion.  At a court appearance on October 9, 2012, the Court issued an order that depositions be completed by December 15th, and set a trial date for February 4, 2013.  “We can’t believe what the NJSPCA is making the applicants go through years of waiting, and now a law suit, when we just want to volunteer to help animals,” said Kristine Schmidt, a volunteer for Pet Rescue of Mercer, and a plaintiff in the suit; “we’re going through all of this because the animals need us.”

Plaintiffs are represented by Dante DiPirro, Esq. of the Law Office of Dante DiPirro in Hopewell, and defendant is represented by Harry Levin, Esq., of Levin Cyphers in Toms River.