In New Jersey, municipalities are legally obligated to manage and control the local animal population, particularly stray and lost animals. This responsibility is mandated by state law, specifically under N.J.S.A. 4:19-15.16, which requires municipalities to appoint an animal control officer and establish measures for the impoundment of stray animals.

A landmark case that clarified this obligation is Society for Animal Rights, Inc. v. Township of Mahwah, 138 N.J. Super. 322 (Law Div. 1976). In this case, several municipalities in Bergen and Hudson Counties, including Mahwah, were found to have contracted with private entities for pound-keeping services instead of maintaining their own municipal pounds. The court examined the statutory requirements and determined that municipalities have two options:

1. Maintain their own municipal pound; or

2. Contract with a humane society pound or another impoundment facility within their county for impoundment services.

The court emphasized that if a municipality does not maintain its own pound, it must contract with a humane society pound within its county. If no such facility exists within the county, the municipality is still responsible for ensuring proper impoundment services, which may involve contracting with private entities, provided they meet the standards set forth by the state.

This ruling underscores the importance of municipalities either establishing their own impoundment facilities or securing appropriate contracts to ensure the humane treatment and control of stray and lost animals. Failure to comply with these obligations can lead to legal challenges and jeopardize public health and safety.

In summary, New Jersey law, reinforced by the Mahwah case, mandates that municipalities must either maintain their own animal impoundment facilities or contract with suitable organizations to manage and care for stray animals. This ensures that all animals are treated humanely and that public health concerns are adequately addressed.