A.
No person shall keep a wild animal in any place other
than a veterinary hospital or clinic, a licensed humane society or
conservation organization, circus or facility used for federal-approved
scientific purposes, which provides proper cages, fences and other
protective devices adequate to prevent such animal from escaping or
injuring the public.
B.
No person, whether or not licensed or exempt under
this article, shall sell, offer for sale or adoption or exchange,
with or without charge, any wild animal.
C.
Unless otherwise permitted in this article, no person
shall transport, lead, carry, display or exhibit within the City of
Somers Point any wild animal in public.
D.
A "wild animal" is any species defined in the definitions
section attached hereto and made a part of this Code.
A.
No individual, organization, corporation or other
entity shall keep or operate within the City of Somers Point any stationary
or traveling animal show, circus, animal act or miscellaneous animal
exhibit or ride or reptile exhibit, whether with wild or nonwild animals,
without first obtaining an animal exhibit permit from the City Clerk.
The fee for this permit shall be $100. The City Clerk shall not issue
a permit to the applicant unless reasonably reliable proof is submitted
by the applicant satisfactory to the City Clerk that:
(1)
The applicant is the owner of the animal(s).
(2)
The animal(s) and the conduct or operation of the
exhibit will not constitute a menace to the health, welfare or safety
of the citizenry or the animal(s).
(3)
The premises and facilities where such animal(s) is/are
quartered shall be maintained in a clean and sanitary condition in
order to control vermin and disease.
(4)
Adequate clean and proper food, clean drinking water
and adequate shelter shall be provided to the animal(s).
(5)
All cages and enclosures shall be constructed of fire-resistant
materials.
(6)
Supervision shall be provided in order to prevent
danger to the public or mistreatment or injury of the animal(s). The
owner or his/her appointed handler(s), supervisor(s) or employee(s)
shall be in control of the animal(s) and available on site at all
times, 24 hours a day, seven days a week, during the course of the
permitted exhibit. No person who has been convicted of a felony or
cruelty to animals shall be permitted to care for or have custody
of any animals.
(7)
The owner shall hold the City of Somers Point harmless
with respect to any incident arising from the exhibit, the animal(s),
handler(s), supervisor(s), manager(s) or employee(s) or any condition
whatsoever and shall cause to be issued to the City of Somers Point
by the carrier a certificate of liability insurance naming the city
as an additional insured, in an amount no less than $1,000,000, commencing
with the date of the application and continuing during the period
for which the permit is to be issued.
B.
The permit shall be personal to the owner and shall
be applied for and issued to, and only to, the owner of the animal(s).
The permit shall be nontransferable. The owner, as the permit holder,
shall be fully and completely responsible for compliance with all
requirements of this article and other law. Animal handler(s), supervisor(s),
manager(s) or other individual(s) appointed, engaged or employed by
the owner shall have the same responsibilities as the owner under
this article, and shall be liable for any consequences as shall the
owner.
C.
The permit issued by the City Clerk shall be for such
period as is determined reasonable by the City Clerk, but in no event
for a period greater than the length of time sought by the applicant
or one year, whichever shall be less.
D.
All permits shall be subject to the city's absolute
right to suspend the permit at any time, with or without notice, for
reasons of the health, welfare or safety of the public and/or the
animal(s).
Any animal not shown in the following species
definitions, or as is specifically excluded therein, shall be considered
wild:
A.
The species Canis familiaris (domestic dogs, excluding
hybrids with wolves, coyotes or jackals).
B.
The species Felis catus (domestic cats, excluding
hybrids with ocelots or margays).
C.
The species Equus caballus (domestic horses).
D.
The species Equus asinus (asses/donkeys).
E.
The species Bos taurus (cattle).
F.
The species Ovis aries (domestic sheep).
G.
Domesticated races of the species Gallus gallus or
Meleagris gallopavo (poultry).
H.
Domesticated races of the species Mesocricetus auratus
(golden hamsters).
I.
Domesticated races of the subspecies Cavia porcellus
(guinea pigs).
J.
Domesticated races of the species Meriones unguiculatus
(gerbils).
K.
Domesticated races of rats or mice (white or albino,
trained, laboratory reared).
L.
Domesticated races of the species Oryctolagus cuniculus
(rabbits).
M.
Domesticated races of the subspecies Mustela putorius
furo (ferrets).
N.
All nonvenomous members of Squamata (snakes and lizards)
under three feet in length, excluding rear fang snakes, members of
the genus Rhabdophis (asiatic water snakes) and members of the family
Boidae (boas and pythons).
O.
All members of the class Amphibia (amphibians), excluding
Dendrobates terribilis (golden dart frogs).
P.
All members of the class Pisces (fish), excluding
piranha and venomous fish.
The owner of any animal(s) seeking a permit
from the City of Somers Point shall be required to completely fill
out, sign and date in person before the City Clerk the application
form reproduced below.[1] In addition, the owner shall supply as a condition of
consideration of issuance of a permit any and all additional information
or documents reasonably requested by the City Clerk. The City Council
of the City of Somers Point may amend, add to or delete items or information
in the form, by resolution, and as it deems reasonable in its discretion
from time to time.
[1]
Editor's Note: The Application Form is on
file in the City Clerk's office.
Any person adjudged guilty of a violation of
any provision of this article shall be punished by a fine of no less
than $100 nor more than $1,000 and/or imprisonment for a term not
exceeding 90 days as determined in the Municipal Court of the City
of Somers Point pursuant to N.J.S.A. 40:49-5. Any charge within or
outside of the provisions of this article alleging cruelty to animals
shall require the immediate temporary confiscation of the animal(s)
in question with any associated costs being charged to the owner.
A subsequent guilty adjudication shall require the permanent confiscation
of the animal(s).
