Legal Question in Civil Litigation in New Jersey

City ordinance

The city of Camden, NJ has an ordinance that mandates all dogs over the age of 6 mo. to be spayed and neutered.

We are a humane society that wrote the ordinance (it passed in 1996) and are very involved in Camden's animal welfare. Camden has the largest stay animal population in the state, please see our website compassionforcamden

It appears that the Camden City Clerk's office is against the ordinance and thereby informs residents how to avoid a ticket, telling them that the ordinance is ''unconstitutional''.

There are other s/n ordinances around the US, currently one being worked on for the state of CA.

Please advise what can be done. Could we sue the city?

Many thanks.


Asked on 9/27/07, 8:20 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: City ordinance

What you can do depends on what the clerk's staff is doing or not doing. Public officials are entitled to their opinion as is anyone else. However, they are required to enforce the law whether they agree with it or not. If they do not do what the law requires, they can be sued by any person who is affected. So, if the clerk's staff is expressing an opinion, that is their right. However, if they are refusing to enforce the law or assisting others in evading the law, you should consider suit. However, your first act should probably be to show up at a city council meeting and make your issues known there. If you get no action there, a suit is your next course of action subject to what I have said before.

If you sue, the clerk can raise the issue of constitutionality and the court will decide it. Then we will all know for sure.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 9/27/07, 9:14 am


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