[HISTORY: Adopted by the Board of Health of the Township
of Lacey 10-12-2011 by Ord. No. 2011-01. Amendments noted where applicable.]
A.
Any person who keeps or operates or proposes to establish a kennel,
pet shop, shelter or pound shall apply to the Township for a license
entitling him or her to keep or operate such establishment. Any person
holding such a license shall not be required to secure individual
licenses for dogs or cats owned by such licensee and kept at such
establishments. Such licenses shall not be transferable to another
owner of different premises.
B.
The application shall describe the premises where the establishment
is located or proposed to be located and the purpose or purposes for
which is to be maintained and shall be accompanied by the written
approval of the local municipal and health authority showing compliance
with the local and state rules and regulations governing location
and sanitation at such establishment. The application will also describe
the maximum number of dogs, cats or other animals to be accommodated
by such establishment at any one time.
C.
All licenses issued for a kennel, pet shop, shelter or pound shall
state the purpose for which the establishment has been maintained,
and all such licenses shall expire on the last day of June of each
year and be subject to revocation by the municipality on recommendation
of the State Department of Health and Senior Services or Township
for failure to comply with the rules and regulations of said board,
after the owner has been afforded a hearing by either the State Department
or Township, except as provided below in this section.
D.
Any person holding such license shall not be required to secure individual
licenses for dogs owned by such licensee and kept at such establishment
since licenses shall not be transferable to another or different premises.
E.
Review of pet shop licenses; suspension or revocation.
(1)
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 N.J.S.A. 56:8-96, after the owner of the pet shop has been
afforded a hearing pursuant to Subsection e of N.J.S.A. 56:8-96.
(2)
The Township, based on the criteria for the recommendation of the
local health authority provided under Subsections c and d of 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:
F.
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.
G.
Every pet shop licensed in the state 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
in which it is located, and the Township shall provide this information
to the local health authority.
H.
The Animal Control Officer, as agent of the Township, shall ensure
that any person holding a license to establish, keep or operate a
kennel, pet shop, shelter or pound shall comply with applicable state
and local laws.
The annual license fees for kennel and pet shop licenses shall
be as follows:
The Township shall forward to the State Department of Health
a list of all kennels, pet shops, shelters and pounds licensed within
30 days after the licenses therefor are issued. The list shall include
the name and address of each licensee and the kind of license issued.
No, dog, cat or other animals kept in a kennel, pet shop, shelter
or pound shall be permitted off the premises except on a leash, in
a crate or other like method.
[Amended 4-18-2012 by BOH Ord. No. 2012-01]
A.
Any person
violating or failing to comply with any other section of this chapter
shall, upon conviction thereof, be punishable by a fine of not more
than $1,250 for a term not to exceed a term of 90 days or by community
service of not more than 90 days or any combination of fine, imprisonment
and community service as determined in the discretion of the Municipal
Court Judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
B.
The violation
of provisions of this chapter shall be subject to abatement, summarily
by a restraining order or by injunction issued by the court of competent
jurisdiction.
