[Adopted 2-22-2016 by Ord. No. 2016-1[1]]
[1]
Editor's Note: This ordinance also redesignated former Art. IV, Dog and Cat Waste, and Art. V, Wildlife Feeding, as Art. V and Art. VI, respectively; amended and relocated former §§ 87-25 through 87-27 to this new Article IV as §§ 87-30 through 87-32, respectively; renumbered former §§ 87-28 through 87-32 as §§ 87-25 through 87-29, respectively; and renumbered §§ 87-33 through 87-41 as §§ 87-34 through 87-42, respectively.
A. 
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Township Clerk, or other official designated to license dogs in the municipality where such establishment is located, for a license entitling him to keep or operate such establishment. The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the local municipal and health authorities showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
B. 
All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of each year, and be subject to revocation by the Township on recommendation of the State Department of Health and Senior Services or the local board of health for failure to comply with the rules and regulations of the state department or local board governing the same, after the owner has been afforded a hearing by either the state department or local board, except as provided in Subsection C of this section. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; such licenses shall not be transferable to another owner or different premises.
C. 
The license for a pet shop shall be subject to review by the Township, upon recommendation by the State Department of Health and Senior Services or the local health authority, for failure by the pet shop to comply with the rules and regulations of the state department or local health authority governing pet shops, or if the pet shop meets the criteria for recommended suspension or revocation provided under Subsection c or d of Section 5 of P.L. 1999, c. 336 (N.J.S.A. 56:8-96), after the owner of the pet shop has been afforded a hearing pursuant to Subsection e of Section 5 of P.L. 1999, c. 336 (N.J.S.A. 56:8-96). The Township, based on the criteria for the recommendation of the local health authority provided under Subsections c and d of Section 5 of P.L. 1999, c. 336 (N.J.S.A. 56:8-96), may suspend the license for 90 days or may revoke the license if it is determined at the hearing that the pet shop failed to maintain proper hygiene and exercise reasonable care in safeguarding the health of animals in its custody or sold a substantial number of animals that the pet shop knew, or reasonably should have known, to be unfit for purchase.
D. 
The Township may issue a license for a pet shop that permits the pet shop to sell pet supplies for all types of animals, including cats and dogs, and sell animals other than cats and dogs but restricts the pet shop from selling cats or dogs, or both.
E. 
Every pet shop licensed pursuant to this article shall submit annually and no later than May 1 of each year records of the total number of cats and dogs, respectively, sold by the pet shop each year to the Township, and the Township shall provide this information to the local health authority.
[Amended 4-29-2019 by Ord. No. 2019-3]
A. 
No fee shall be charged for a shelter or pound.
B. 
The annual license fees for kennels and pet shops shall be as set forth in Chapter 156, Fees.
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on a leash or in a crate or other safe control.
A. 
Definitions. When used herein, the following terms shall have the following meanings:
ANIMAL CARE FACILITY
An animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
ANIMAL RESCUE ORGANIZATION
Any not-for-profit organization which has tax exempt status under § 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
CAT
A member of the species of domestic cat, Felis catus.
DOG
A member of the species of domestic dog, Canis familiaris.
OFFER FOR SALE
To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
PET SHOP
A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.
B. 
Restrictions on the sale of animals.
(1) 
A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:
(a) 
An animal care facility; or
(b) 
An animal rescue organization.
(2) 
A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old.