Township of Stafford, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Stafford 9-11-1980 by Ord. No. 80-24. Amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 151.
Public health regulations regarding dogs — See Ch. 218.

§ 60-1 Definitions.

[Amended 12-20-1994 by Ord. No. 94-113]
The following words and terms shall have the meanings herein indicated for the purposes of this chapter:
CAT
Any domestic short- or long-haired cat.
CERTIFIED ANIMAL CONTROL OFFICER
A person 18 years of age or older who has satisfactorily completed a course of study approved by the Commissioner of Health on the control of animals or who has been employed in the State of New Jersey in the capacity of and with similar responsibilities to those required of certified animal control officers for a period of three years.
DOG
Any dog, bitch or spayed bitches.
EXOTIC ANIMALS
Lions, tigers, leopards, jaguars, cheetahs, margays, mountain lions, lynx, bobcats, bears, wolves, wolf hybrid, feline hybrids, poisonous reptiles, nonnative reptiles, nonnative species or any other like animal normally wild.
[Added 7-15-2014 by Ord. No. 2014-10]
FOWL
A bird, including but not limited to ducks, geese or chickens.
HARBORING
The act of affording lodging, shelter or refuge to an exotic animal.
[Added 7-15-2014 by Ord. No. 2014-10]
KEEPER
Any person over 18 years of age exercising control over a dog, cat or other animal to remain on premises under his or her control.
KENNEL
Any establishment wherein or whereon the business of boarding, selling, breeding or training of dogs or cats is carried on, except a pet shop.
LICENSING AGE
Any dog or cat which has attained the age of seven months or possesses a set of permanent teeth.
LIVESTOCK
Any domestic animal, including but not limited to cattle, horses, pigs, goats, rabbits, turkeys, chickens or swine raised for home use or profit.
OWNER
When applied to the proprietorship of a dog, cat or other animal, shall include every person over 18 year of age having a right of property in such dog, cat or other animal and every person over 18 years of age which has such dog, cat or other animal in his or her keeping for a period of 10 days or longer.
OWNERSHIP
The right to possess an exotic animal by nature of the purchase or receipt of the animal.
[Added 7-15-2014 by Ord. No. 2014-10]
PET SHOP
Any room or group of rooms or cages or exhibition pen not part of a kennel wherein animals, birds and/or fish are kept, displayed or offered for sale.
POUND
An establishment for the confinement of dogs or other animals seized under the provisions of this chapter or otherwise.
SHELTER
Any establishment where dogs, cats and other animals are received, housed and distributed without charge.

§ 60-2 License requirements.

[Amended 2-17-1987 by Ord. No. 87-12; 12-20-1994 by Ord. No. 94-113; 3-4-2003 by Ord. No. 2003-31]
A. 
No persons shall own, keep or harbor any dog or cat within the Township except in compliance with the provisions of this chapter and unless such person shall first obtain a license and official metal registration tag therefor issued by the Township upon application by the owner, payment of the prescribed fee and proof of rabies vaccination as per state law.
B. 
The license which shall be issued by the Township shall contain the name and address of the owner of such dog or cat, a short description of the dog or cat sought to be licensed, including breed, sex, age, color and markings, proof of current rabies vaccination which extends to the entire licensing year which the license is to be issued, and also the registration number of such license shall bear the signature of the Township or an authorized agent thereof.
C. 
The information supplied on all licenses under this chapter and the registration number issued to each licensed dog or cat shall be preserved for a period of three years by the Township. In addition, it shall forward similar information regarding dog licenses to the State Department of Health each month on forms furnished by the Department.

§ 60-3 License to be annual; placement of tag.

[Amended 2-17-1987 by Ord. No. 87-12; 12-20-1994 by Ord. No. 94-113; 3-4-2003 by Ord. No. 2003-31]
Any person who shall own, keep or harbor a dog or cat of licensing age in the Township shall apply for and procure from the Township a license and official metal registration tag for each dog or cat so owned, kept or harbored and shall place upon such dog or cat a collar or harness with the registration tag securely fastened thereto. All such applications shall be made on January 1 and due by February 1 of each year. In the event that a dog or cat is not owned, kept or harbored in the Township on January 1, then the application for a license shall be made within 10 days of the date upon which a dog or cat in question first became subject to the provisions of this section.

§ 60-4 Fees; expiration; exemption.

A. 
The person applying for the license and registration tag shall pay to the Township a fee of $11.20 for each dog. If the person applying for the license and registration tag presents a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered, the fee shall be reduced to $8.20 for a one-year license. Each license and tag shall be renewed annually, unless a three-year license has been purchased at a fee of three times the annual license fee. Of the above fees, the Township’s portion shall be $7 per license year and the remainder of the funds shall go to the State of New Jersey as required by N.J.S.A. 4:19-15.1 et seq. Each license tag shall be renewed either prior to or upon the expiration of the license previously issued, and for each animal renewal, a fee for the license and registration tag shall be paid. Said license and registration tags and renewal thereof shall expire on December 31 of each year.
[Amended 3-5-1985 by Ord. No. 85-28; 2-4-1986 by Ord. No. 86-02; 2-17-1987 by Ord. No. 87-12; 12-20-1994 by Ord. No. 94-113; 9-20-1999 by Board of Health Ord. No. 99-1; 3-4-2003 by Ord. No. 2003-31; 9-20-2005 by Ord. No. 2005-83]
B. 
No fee shall be charged for dogs used as guides for blind persons and commonly known as "Seeing Eye dogs," dogs or cats used to assist deaf persons and commonly known as "Hearing Ear animals," dogs used to assist handicapped persons commonly known as "service dogs," dogs used by the Stafford Township Police Department to assist in official law enforcement matters and commonly known as "K-9 dogs." These animals shall be licensed in the same manner as other dogs and cats, except that the owner or keeper shall not be required to pay any fee.
[Amended 12-20-1994 by Ord. No. 94-113]
C. 
A person applying for a license for a potentially dangerous dog shall pay to the Township a fee of $500 in addition to the fees provided for in § 60-4A.
[Added 6-11-1991 by Ord. No. 91-27; amended 3-4-2003 by Ord. No. 2003-31]

§ 60-5 Time of application.

[Amended 12-20-1994 by Ord. No. 94-113]
License shall be required for any dog or cat owned by a Township resident on:
A. 
The first day of January of a calendar year.
B. 
Any dog or cat acquired by any person during the course of any calendar year and kept within the Township for more than 10 days after acquisition.
C. 
Any dog or cat attaining licensing age during the course of the calendar year.
D. 
Any unlicensed dog or cat brought into the Township by any person and kept within the Township for more than 10 days.
E. 
Any dog or cat licensed by another state brought into the Township by any person and kept within the Township for more than 90 days.

§ 60-6 Removal of tag.

[Amended 12-20-1994 by Ord. No. 94-113]
No person, except the Township Animal Control Officer or police officer in the performance of his duties, shall remove a registration tag and/or collar from any dog or cat without the consent of the owner, nor shall any person attach a registration tag to a dog or cat for which it was not issued.

§ 60-7 Disposition of fees.

[Amended 12-20-1994 by Ord. No. 94-113]
A. 
License fees and other moneys collected or received under the provisions of this chapter, except the registration tag fees, shall be forwarded to the Township Treasurer within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Township and used for the following purposes only:
(1) 
Collecting, keeping and disposing of dogs, cats and other animals liable to seizure under this chapter.
(2) 
Local prevention and control of rabies.
(3) 
Providing anti-rabies treatment under the direction of the Township for any person exposed to rabies.
[Amended 3-4-2003 by Ord. No. 2003-31]
(4) 
All other purposes prescribed by the statutes of New Jersey governing the subject.
B. 
Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this section. At the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from the special account to the general funds of the Township any amount then in the special account which is in excess of the total amount paid into said special account during the last two fiscal years next preceding.
C. 
The registration tag fee for each dog shall be forwarded within 30 days after collection by the Township to the State Department of Health.
[Amended 3-4-2003 by Ord. No. 2003-31]

§ 60-8 Running at large restricted.

[Amended 12-20-1994 by Ord. No. 94-113]
A. 
No dog, cattle, goat, swine, fowl and/or other like animal or livestock shall run or be permitted by its owner to run upon any public street, sidewalk, thoroughfare, park, playground, school yard or in any of the public places of the Township or upon any private property without the prior consent of the owner.
B. 
Specifically excluded are dogs being used by its owner or keeper for hunting purposes or in training for hunting purposes, in which case the dog shall be maintained within the immediate custody of its owner or keeper. Said activities shall be conducted in designated areas only, and in no event shall such dog be allowed on private property without the prior consent of the owner.
C. 
Violations and penalties. A person who violates § 60-8 shall be subject to a fine of not less than $50, no more than $1,250, or a term of imprisonment not to exceed 90 days in jail, or community service not more than 90 days. It shall be a separate offense for each and every day that the animal is running at large.
[Added 7-15-2014 by Ord. No. 2014-10]

§ 60-9 Disturbance of peace.

[Amended 12-20-1994 by Ord. No. 94-113]
No person shall own, keep, harbor or maintain any dog, cat or other animal which habitually barks, howls or cries frequently and thereby disturbs the peace and quiet of the neighborhood and creates a nuisance at any time of the day or night.

§ 60-10 Appointment of Animal Control Officer.

[Amended 3-5-1985 by Ord. No. 85-28; 12-20-1994 by Ord. No. 94-113]
An Animal Control Officer shall be appointed by the governing body in accordance with the requirements of N.J.S.A. 4:19-15.16(a) and (b). Such person so designated and appointed as Animal Control Officer shall be entitled to be paid as compensation for services an amount established by the governing body and set forth in the Stafford Township Salary Ordinance.[1]
[1]
Editor's Note: See Ch. 44, Salaries and Compensation.

§ 60-11 Dog and cat canvass.

[Amended 12-20-1994 by Ord. No. 94-113; 3-4-2003 by Ord. No. 2003-31]
The Animal Control Officer shall annually cause a canvass to be made of all dogs and cats owned, kept or harbored within the limits of the Township and shall report on or before September 1 of each year to the Township the results thereof. In addition, the annual dog canvass report shall also be forwarded to the State Department of Health setting forth in separate columns the names and addresses of persons owning, keeping or harboring dogs, the number of both licensed and unlicensed dogs owned, kept or harbored by each person, the registration number of each licensed dog; and a complete description of each unlicensed dog.

§ 60-12 Seizure and impounding.

[Amended 2-22-1981 by Ord. No. 81-1; 3-5-1985 by Ord. No. 85-28; 4-21-1987 by Ord. No. 87-40; 12-20-1988 by Ord. No. 88-93; 12-20-1994 by Ord. No. 94-113]
A. 
The Animal Control Officer of the Township of Stafford shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or offered for adoption the following:
(1) 
Any dog, cattle, goat, swine, fowl and/or other like animal or livestock running at large within the limits of the Township of Stafford;
(2) 
Any dog or cat not licensed or tagged as provided in this chapter;
(3) 
Any dog, cat or other animal off the premises of the owner of the person keeping or harboring such dog, cat or other animal which is believed to be a stray animal;
(4) 
Any dog, cat or other animal with a dangerous or vicious propensity or noticeably infected with rabies or bitten by a dog, cat or other animal suspected of having rabies.
(5) 
Any female dog in season off the premises of the owner or of the person keeping or harboring such dog.
(6) 
Any cats creating a nuisance while off their property.
(7) 
Any dog, cat or other animal as authorized by the provisions of N.J.S.A. 4:19-15.16.
(8) 
Any dog, cat or other animal with a dangerous or vicious propensity that is unmuzzled, uncontrolled by proper restraining or running at large, provided that the dog, cat or other animal may be seized by the Animal Control Officer, and provided further that if said dog, cat or other animal cannot be seized with safety, it may be killed.
B. 
If any dog, cat or other animal so impounded or seized wears a collar or harness, having described thereon or attached thereto the name and address of any person or registration tag or the owner or the person keeping or harboring said animal is known, the Animal Control Officer shall serve on the person whose address is given on the collar or the owner or the person keeping or harboring said animal, if known, a notice in writing that the animal has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after service of the notice.
C. 
A notice under this section may be served either by delivering it to the person upon whom it is to be served or by leaving it at the person's usual or last known place of abode or at the address given on the collar or by forwarding it by post in a prepaid letter addressed to that person at his or her usual or last known place of abode or to the address given on the collar.
D. 
The Animal Control Officer may cause an animal to be destroyed in a manner as set forth in N.J.S.A. 4:22-19 or offered for adoption seven days after seizure, provided that:
(1) 
Notice is given as set forth above and the animal remains unclaimed.
(2) 
The owner or person keeping or harboring the animal has claimed the animal and paid all expenses incurred by reason of its detention, including maintenance costs.
(3) 
The owner or person keeping or harboring an animal which was unlicensed at the time of seizure does not produce a license and registration tag for the animal.
E. 
At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog or other animal so caught and detained or procured, attained, sent or brought to pound or shelter, shall be sold or otherwise made available for the purpose of experimentation.

§ 60-13 Authority to enter upon premises.

The Animal Control Officer engaged in the performance of any duty under this chapter or the statutes of the State of New Jersey is hereby authorized to enter upon any premises to seize and impound any dog or cat, or dogs or cats, which he may lawfully seize or impound when such officer is in immediate pursuit of said dog or cat, or dogs or cats, except upon the premises of the owner of the dog or cat, if said owner is present and forbids the same.

§ 60-14 Interference with official duties.

[Amended 12-20-1994 by Ord. No. 94-113]
No person shall distract, give false information, hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.

§ 60-15 Leashing of dogs and other animals.

[Added 12-20-1994 by Ord. No. 94-113]
No person owning, keeping or harboring any dog and/or other like animal or livestock shall permit it upon a public street, sidewalk, thoroughfare, park, playground, school yard or in any of the public places of the Township unless it is controlled by an adequate leash or tether not more than six feet long.

§ 60-16 Property damage.

[Added 12-20-1994 by Ord. No. 94-113]
No person owning, keeping or harboring a dog, cat and/or other animal shall permit it to do any injury or do any damage to any lawn, shrubbery, flowers, grounds, garden or property.

§ 60-17 Permitted premises.

[Added 12-20-1994 by Ord. No. 94-113]
No person shall bring, allow or knowingly permit any dog, cat or other animal onto any private property without the owner's permission, or into any store or other building or portion thereof, which members of the public at large are invited or expected to enter or frequent. Nothing in this section shall be deemed to prohibit the keeping or bringing of any dog, cat or other animal into the premises of the owner. Specifically excluded from this section are Seeing Eye dogs, Hearing Ear animals, service animals or the Stafford Township Police Department K-9 dogs.

§ 60-18 Nuisances; disposal of pet waste.

[Amended 12-20-1994 by Ord. No. 94-113; 3-4-2003 by Ord. No. 2003-31; 10-4-2005 by Ord. No. 2005-91]
A. 
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
IMMEDIATE
That the pet solid waste is removed at once, without delay.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
PET
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Placement in a designated waste receptacle or other suitable container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
B. 
All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this subsection while such animal is being used for that purpose.
C. 
No owner or keeper of a pet shall allow said pet to commit any nuisance upon any property, public or private, not owned or possessed by that person.
D. 
No person shall abandon, leave, relinquish control over or cause to remain any pet on any property, public or private, not owned or possessed by that person.

§ 60-19 Sanitary requirements.

[Added 12-20-1994 by Ord. No. 94-113]
The premises on which dogs, cats, livestock, birds or other animals are maintained shall at all times conform to the following requirements:
A. 
Dogs, cats, livestock, birds and other animals shall at all times be confined to such premises or portion thereof as will preclude odors and sound emanating from such animals or birds or engendered by their care, feeding or other activity connected with such animals or birds from interfering with the ordinary and reasonable use, occupation and enjoyment of property on neighboring premises.
B. 
All sheds, coops, pens, runways, stalls or other enclosures or facilities related to animals or birds shall be located or maintained at least 50 feet from the main building and/or from any lot line.
C. 
Building, food storage bins, appliances, equipment, feeding areas and other facilities on the premises shall be constructed with ratproofing materials and maintained in such fashion as to permit proper cleansing and shall be cleansed, deodorized and disinfested regularly.
D. 
Water supply shall be adequate for proper sanitation.
E. 
Water or other liquid to which mosquitoes may have access shall be properly drained to prevent their breeding.
F. 
Disposition shall be made of animal wastes, excrement, garbage, refuse or vegetable matter deposited upon the premises in such a manner as to prevent insect breeding or rodent infestation or pollution of the air, ground or body of water or the creation of any other unhealthy or unsanitary condition.
G. 
All necessary measures shall be employed to ensure that rodent or insects hazardous to public health shall be precluded from infesting the premises.
H. 
Adequate measure shall be taken to prevent the animals or birds maintained from escaping or at any time roaming at large.
I. 
Adequate facilities shall be available to maintain the premises in a sanitary condition at all times.
J. 
No person shall willfully sell or offer to sell use or expose any animal or bird having contagious or infectious disease dangerous to the health or life of human beings or animals.

§ 60-20 Vicious dogs.

[Added 12-20-1994 by Ord. No. 94-113]
The Animal Control Officer shall act in accordance with N.J.S.A. 4:19-19 et seq., when the Animal Control Officer has reasonable cause to believe that a dog may be declared vicious or potentially dangerous as prescribed by said statute.

§ 60-21 License for kennel, pet shop, shelter or pound.

[Added 12-20-1994 by Ord. No. 94-113; amended 3-4-2003 by Ord. No. 2003-31; 9-20-2005 by Ord. No. 2005-83]
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. 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 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:
(a) 
Failed to maintain proper hygiene and exercise reasonable care in safeguarding the health of animals in its custody; or
(b) 
Sold a substantial number of animals that the pet shop knew, or reasonably should have known, to be unfit for purchase.
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 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.
I. 
Provisions and requirements concerning the sale of cats and dogs.
[Added 4-7-2015 by Ord. No. 2015-05]
(1) 
Definitions relative to sales of cats and dogs:
ANIMAL
A cat or dog.
BREEDER
Any person, firm, corporation or organization in the business of breeding cats or dogs.
BROKER
Any person, firm, corporation or organization who or which sells a cat or dog to a pet shop, whether or not the broker is also the breeder of the cat or dog.
CONSUMER
A person purchasing a cat or dog not for the purpose of resale.
DIRECTOR
The Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
DIVISION
The Division of Consumer Affairs in the Department of Law and Public Safety.
PET DEALER
Any person engaged in the ordinary course of business in the sale of cats or dogs to the public for profit or any person who sells or offers for sale more than five cats or dogs in one year.
PET SHOP
A pet shop as defined in Section 1 of P.L. 1941, c. 151 (N.J.S.A. 4:19-15.1).
QUARANTINE
To hold in segregation from the general population any cat or dog because of the presence or suspected presence of a contagious or infectious disease.
UNFIT FOR PURCHASE
Any disease, deformity, injury, physical condition, illness or defect which is congenital or hereditary and severely affects the health of the animal or which was manifest, capable of diagnosis or likely contracted on or before the sale and delivery of the animal to the consumer. The death of an animal within 14 days of its delivery to the consumer, except by death by accident or as a result of injuries sustained during that period, shall mean the animal was unfit for purchase.
USDA
The United States Department of Agriculture.
USDA LICENSE NUMBER
The license number issued to a breeder or broker by the United States Department of Agriculture pursuant to the federal Animal Welfare Act, 7 U.S.C. § 2131 et seq., or any rules or regulations adopted pursuant thereto.
VETERINARIAN
A veterinarian licensed to practice in the State of New Jersey.
(2) 
Noncompliance by pet shop considered deceptive practice.
(a) 
Notwithstanding the provisions of any rule or regulation adopted pursuant to Title 56 of the Revised Statutes as such provisions are applied to pet shops, and without limiting the prosecution of any other practices which may be unlawful pursuant to Title 56 of the Revised Statutes, it shall be a deceptive practice for any owner or operator of a pet shop, or employee thereof, to sell animals within the state without complying with the provisions and requirements of this section and Section 3 of P.L. 2015, c. 7 (N.J.S.A. 56:8-95.1).
(b) 
Within five days prior to the offering for sale of any animal, the owner or operator of a pet shop or employee thereof shall have the animal examined by a veterinarian licensed to practice in the state. The name and address of the examining veterinarian, together with the findings made and treatment, if any, ordered as a result of the examination, shall be noted on the animal history and health certificate for each animal as required by regulations adopted pursuant to Title 56 of the Revised Statutes. If 14 days have passed since the last veterinarian examination of the animal, the owner or operator of the pet shop, or employee thereof, shall have the animal reexamined by a veterinarian licensed to practice in the state as provided for in Subsection I(2)(g), except as otherwise provided in that subsection.
(c) 
Information to be posted; updates.
[1] 
Every pet shop offering animals for sale shall post, in a conspicuous location on the cage or enclosure for each animal in the cage or enclosure, a sign declaring:
[a] 
The date and place of birth of each animal, and the actual age, or approximate age as established by a veterinarian, of the animal;
[b] 
The sex, color markings, and other identifying information of the animal, including any tag, tattoo, collar number or microchip information;
[c] 
The name and address of the veterinarian attending to the animal while the animal is in the custody of the pet shop, and the date of the initial examination of the animal;
[d] 
The first and last name of the breeder of the animal, the full street address of where the breeder is doing business, an e-mail address, if available, by which to contact the breeder, the breeder's USDA license number, and, if the breeder is required to be licensed in the state in which the breeder is located, the breeder's state license number;
[e] 
If the broker is different from the breeder, the first and last name of the broker of the animal, the full street address of where the broker is doing business, an e-mail address, if available, by which to contact the broker, the USDA license number of the broker, and, if the broker is required to be licensed in the state in which the broker is located, the broker's state license number; and
[f] 
The statement "Know Your Rights" in bold typeface and no less than twelve-point type, followed by the statement in no less than ten-point type, "State law requires that every pet shop offering cats or dogs for sale post in a conspicuous location on or near each cat or dog's cage or enclose the USDA inspection reports for the breeder and broker of each cat or dog for the two years prior to the first day that the cat or dog is offered for sale. If you do not see a required inspection report, please request the report from the pet shop. If you have any concerns, please contact the New Jersey Division of Consumer Affairs, 124 Halsey Street, Newark, NJ 07102, (973) 504-6200. You may also view these and other USDA inspection reports for the breeder and broker of each cat or dog on the USDA Animal and Plant Health Inspection Service (APHIS) website. You are entitled to receive additional information from APHIS about the breeder's or broker's history through the federal Freedom of Information Act."
[2] 
Every pet shop offering animals for sale shall also post, in a conspicuous location on or near the cage or enclosure for each animal in the cage or enclosure, the USDA inspection reports for the breeder and the broker of the animal for the two years prior to the first day that the animal is offered for sale by the pet shop.
[3] 
The owner or operator of the pet shop shall regularly update the information required to be posted pursuant to this subsection and make changes as necessary to all signage required by this subsection so that the public has access to the correct information at all times.
(d) 
The owner or operator of a pet shop, or employee thereof, shall quarantine any animal diagnosed as suffering from a contagious or infectious disease, illness or condition and may not sell such an animal until such time as a veterinarian licensed to practice in the state treats the animal and determines that such animal is free of clinical signs of infectious disease or that the animal is fit for sale. All animals required to be quarantined pursuant to this subsection shall be placed in a quarantine area, separated from the general animal population of the pet shop.
(e) 
The owner or operator of a pet shop, or designated employee thereof, may inoculate and vaccinate animals prior to purchase only upon the order of a veterinarian. No owner or operator of a pet shop, or employee thereof, may represent, directly or indirectly, that the owner or operator of the pet shop, or any employee thereof, other than a veterinarian, is qualified to, directly or indirectly, diagnose, prognose, treat, or administer for, prescribe any treatment for, operate concerning, manipulate or apply any apparatus or appliance for addressing any disease, pain, deformity, defect, injury, wound or physical condition of any animal after purchase of the animal, for the prevention of, or to test for, the presence of any disease, pain, deformity, defect, injury, wound or physical condition in an animal after its purchase. These prohibitions include, but are not limited to, the giving of inoculations or vaccinations after purchase, the diagnosing, prescribing and dispensing of medication to animals and the prescribing of any diet or dietary supplement as treatment for any disease, pain, deformity, defect, injury, wound or physical condition.
(f) 
The owner or operator of a pet shop, or an employee thereof, shall have any animal that has been examined more than 14 days prior to the date of purchase reexamined by a veterinarian for the purpose of disclosing its condition, within 72 hours of the delivery of the animal to the consumer, unless the consumer has waived the right to the reexamination in writing. The owner or operator of a pet shop, or an employee thereof, shall provide a copy of the written waiver; shall be in the form established by the director by regulation.
(g) 
Illness or death of animal after purchase.
[1] 
If, at any time within 14 days after the sale and delivery of an animal to a consumer, the animal becomes sick or dies and a veterinarian certifies, within the 14 days after the date of purchase of the animal by the consumer, that the animal is unfit for purchase due to a noncongenital cause or condition, or that the animal died from causes other than an accident, the consumer is entitled to the recourse described in Subsection I(2)(h) of this section.
[2] 
If the animal becomes sick or dies within 180 days after the date of purchase and a veterinarian certifies, within the 180 days after the date of purchase of the animal by the consumer, that the animal is unfit for sale due to a congenital or hereditary cause or condition, or a sickness brought on by a congenital or hereditary cause or condition, or died from such a cause or condition or sickness, the consumer shall be entitled to the recourse provided in Subsection I(2)(j) of this section.
[3] 
It shall be the responsibility of the consumer to obtain such certification within the required amount of time provided by this subsection, unless the owner or operator of the pet shop, or the employee thereof selling the animal to the consumer, fails to provide the notice required pursuant to Subsection I(2)(f) of this section. If the owner or operator of the pet shop, or the employee thereof, fails to provide the required notice, the consumer shall be entitled to the recourse provided for in Subsection I(2)(h) of this section.
(h) 
Consumer recourse.
[1] 
Only the consumer shall have the sole authority to determine the recourse the consumer wishes to select and accept, provided that the recourse selected is one of the following:
[a] 
The right to return the animal and receive a full refund of the purchase price, including sales tax, plus the reimbursement of the veterinary fees, including the cost of the veterinarian certification, incurred prior to the receipt by the consumer of the veterinarian certification;
[b] 
The right to retain the animal and to receive reimbursement for veterinary fees incurred prior to the consumer's receipt of the veterinarian certification, plus the future cost of veterinary fees to be incurred in curing or attempting to cure the animal, including the cost of the veterinarian certification;
[c] 
The right to return the animal and to receive in exchange an animal of the consumer's choice, of equivalent value, plus reimbursement of veterinary fees, including the cost of the veterinarian certification, incurred prior to the consumer's receipt of the veterinarian certification; or
[d] 
In the event of the death of the animal from causes other than an accident, the right to a full refund of the purchase price of the animal, including sales tax, or another animal of the consumer's choice of equivalent value, plus reimbursement of veterinary fees, including the cost of the veterinarian certification, incurred prior to the death of the animal.
[2] 
The consumer shall be entitled to be reimbursed an amount for veterinary fees up to and including two times the purchase price, including sales tax, of the sick or dead animal. No reimbursement of veterinary fees shall exceed two times the purchase price, including sales tax, of the sick or dead animal.
(i) 
The veterinarian shall provide to the consumer in writing and within the seven days after the consumer consults with the veterinarian any certification that is appropriate pursuant to this section upon the determination that such certification is appropriate. The certification shall include:
[1] 
The name of the owner;
[2] 
The date or dates of examination;
[3] 
The breed, color, sex and age of the animal;
[4] 
A statement of the findings of the veterinarian;
[5] 
A statement that the veterinarian certifies the animal to be "unfit for purchase";
[6] 
An itemized statement of veterinary fees incurred as of the date of certification;
[7] 
If the animal may be curable, an estimate of the possible cost to cure or attempt to cure the animal;
[8] 
If the animal has died, a statement establishing the probable cause of death; and
[9] 
The name and address of the certifying veterinarian and the date of the certification.
(j) 
Upon the presentation of the veterinarian certification required in Subsection I(2)(i) of this section to the pet shop, the consumer shall select the recourse to be provided, and the owner or operator of the pet shop, or the employee thereof, shall confirm the selection of recourse in writing. The confirmation of the selection shall be signed by the owner or operator of the pet shop, or an employee thereof, and the consumer, and a copy of the signed confirmation shall be given to the consumer and retained by the owner or operator of the pet shop, or employee thereof, on the pet shop premises. The confirmation of the selection shall be in the form established by the director by regulation.
(k) 
The owner or operator of the pet shop, or an employee thereof, shall comply with the selection of recourse by the consumer no later than 10 days after the receipt of the veterinarian certification and the signed confirmation of selection of recourse form. In the event the owner or operator of the pet shop, or an employee thereof, wishes to contest the selection of recourse of the consumer, the owner or operator of the pet shop, or an employee thereof, shall notify the consumer and the director in writing within five days after the receipt of the veterinarian certification and the signed confirmation of selection of recourse form. After notification to the consumer and the director of the division, the owner or operator of the pet shop, or an employee thereof, may require the consumer to produce the animal for examination by a veterinarian chosen by the owner or operator of the pet shop, or employee thereof, at a mutually convenient time and place, except if the animal has died and was required to be cremated for public health. The director shall set, upon receipt of such notice of contest on the part of the owner or operator of the pet shop, or an employee thereof, a hearing date and hold a hearing, pursuant to the Administrative Procedure Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.) and the Uniform Administrative Procedure Rules adopted pursuant thereto, to determine whether the recourse selected by the consumer should be allowed. The consumer and the owner or operator of the pet shop, or employee thereof, shall be entitled to any appeal of the decision resulting from the hearing as may be provided for under the law, or any rule or regulation adopted pursuant thereto, but upon the exhaustion of such remedies and recourse, the consumer and the owner or operator of the pet shop shall comply with the final decision rendered.
(l) 
Any owner or operator of a pet shop, or employee thereof, shall be guilty of a deceptive practice if the owner or operator, or employee thereof, secures or attempts to secure a waiver of any of the provisions of this section except as specifically authorized under Subsection I(2)(g) of this section.
(m) 
The owner of a pet shop shall be responsible and liable for any recourse or reimbursement due to a consumer because of violations of any provisions of this section by the owner or operator of the pet shop, or any employee thereof, or because of any document signed pursuant to this section by the owner or operator of the pet shop, or any employee thereof.
(n) 
Any pet shop in the state advertising for sale an animal bred by a USDA-licensed breeder through print or electronic means, including those posted on the Internet or a website, shall continuously display the name, state of residence, and USDA license number of the breed of the animal in the advertisement so that this information is easily legible to the consumer.
(3) 
Certain animals offered by breeder, broker, prohibited sale by pet shop.
(a) 
No pet shop shall sell or offer for sale, or purchase for resale, whether or not actually offered for sale by the pet shop, any animal purchased from any breeder or broker who:
[1] 
Is not in compliance with the requirements concerning the maintenance and care of the animals and the sanitary operation of kennels, pet shops, shelters and pounds established in rules and regulations adopted pursuant to Section 14 of P.L. 1941, c. 151 (N.J.S.A. 4:19-15.14) at the time of purchase of the animal by the pet shop;
[2] 
Is not in possession of a current license issued by the USDA pursuant to 9 CFR 1.1 et seq.
[3] 
Is not in possession of all other licenses required for a breeder or broker by the state in which the breeder or broker is located;
[4] 
Has been cited on a USDA inspection report for a direct violation of the federal Animal Welfare Act 7 U.S.C. § 2131 et seq., or the corresponding federal animal welfare regulations at 9 CFR 1.1 et seq. during the two-year period prior to the purchase of the animal by the pet shop;
[5] 
Has been cited on a USDA inspection report during the two-year period prior to the purchase of the animal by the pet shop for three or more indirect violations of the federal Animal Welfare Act, 7 U.S.C. § 2131 et seq., or the corresponding federal animal welfare regulations at Sections 2.4, 2.40, 2.50 through 2.55, 2.60, 2.75 through 2.80, 2.130 through 2.132, 3.1 through 3.19, or 3.125 through 3.142 of Title 9 of the Code of Federal Regulations;
[6] 
Is cited on the two most recent USDA inspection reports prior to the purchase of the animal by the pet shop for no-access violations pursuant to enforcement of the federal Animal Welfare Act, 7 U.S.C. § 2131 et seq., or the corresponding federal animal welfare regulations at 9 CFR 1.1 et seq.; or
[7] 
Directly or indirectly obtained the animal from a breeder, broker, or other person, firm corporation or organization to whom or which Subsection I(3)(a)[1], [2], [3], [4], [5] or [6] of this section applies.
(b) 
Nothing in this subsection shall be construed as prohibiting or otherwise preventing a pet shop from:
[1] 
Purchasing for resale or adoption, selling, or offering for adoption, an animal purchased or otherwise obtained from:
[a] 
A publicly operated animal control facility;
[b] 
An animal rescue organization or pound as defined in Section 1 of P.L. 1941, c. 51 (N.J.S.A. 4:19-15.1);
[c] 
A shelter as defined in Section 1 of P.L. 1941, c. 151 (N.J.S.A. 4:19-15.1) whose primary mission and practice is the placement of abandoned, unwanted, neglected, or abused animals and that is also a tax exempt organization under Paragraph (3) of Subsection (c) of Section 501 of the federal Internal Revenue Code (26 U.S.C. § 501), or any subsequent corresponding sections of the federal Internal Revenue Code, as from time to time amended; or
[2] 
Transferring adopted animals to or from any entity enumerated in Subsection I(3)(b)[1] of this subsection or to or from any pet shop.
(c) 
Every pet shop shall submit, annually and no later than May 1 of each year, a report to the municipality in which it is located and licensed, providing:
[1] 
The name, full street address, e-mail address, if available, and USDA license number of:
[a] 
Any breeder from which the pet shop purchased an animal, whether or not the pet shop offered the animal for sale;
[b] 
Any breeder that bred an animal that the pet shop purchased from a broker, whether or not the pet shop offered the animal for sale; and
[c] 
Any broker from which the pet shop purchased an animal, whether or not the pet shop offered the animal for sale;
[2] 
If a breeder whose identity the pet shop is required to report pursuant to Subsection I(3)(c)[1][a] or [b] is required to be licensed in the state in which the breeder is located, the breeder's state license number;
[3] 
If a broker whose identity the pet shop is required to report pursuant to Subsection I(3)(c)[1][c] is different from any breeder whose identity the pet shop is required to report pursuant to Subsection I(3)(c)[1][a] or [b] and the broker is required to be licensed in the state in which the broker is located, the broker's state license number; and
[4] 
The total number of animals for each breeder and broker for which the pet shop has reporting requirements pursuant to Subsection I(3)(c)[1][a], [b] and [c].
(4) 
Violations and penalties. Any person who violates Subsection c of Section 4 of P.L. 1999, c. 336 (N.J.S.A. 56:8-95) or Section 3 of P.L. 2015, c. 7 (N.J.S.A. 56:8-95.1), and any owner or operator who fails to provide information or provides false information pursuant to the requirements of Subsection f of Section 4 of P.L. 1999, c. 336 (N.J.S.A. 56:8-95), shall be subject to a fine of $500 for each violation, to be collected by the division in a civil action by a summary proceeding under the Penalty Enforcement Law of 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.).

§ 60-22 Kennel, pet shop, shelter or pound, license fees.

[Added 12-20-1994 by Ord. No. 94-113; amended 6-5-2006 by Ord. No. 2006-41]
The annual license fees for kennel and pet shop licenses shall be as follows:
A. 
Kennel accommodating ten or less dogs, $10.
B. 
Kennel accommodating more than ten dogs, $25.
C. 
Pet shop, $10.
D. 
Shelter/pound, no fee.

§ 60-23 Kennel reports to State Health Department.

[Added 12-20-1994 by Ord. No. 94-113; amended 3-4-2003 by Ord. No. 2003-31]
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 therefore are issued. The list shall include the name and address of each licensee and the kind of license issued.

§ 60-24 Control of animals off kennel premises.

[Added 12-20-1994 by Ord. No. 94-113]
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.

§ 60-25 Animal bites; repeated occurrences.

[Added 12-20-1994 by Ord. No. 94-113]
A. 
When it has been determined by a hospital, physician or veterinarian that an animal bite has occurred, the Animal Control Officer, as an agent of the Township, shall receive and investigate all animal bites. The Animal Control Officer, in conjunction with the Health Officer having jurisdiction, will ensure that all quarantine periods and suspected rabies specimens are handled expeditiously.
[Amended 3-4-2003 by Ord. No. 2003-31]
B. 
If any animal is involved in three incidents within a twelve-month period where such bites have been reported by a hospital physician or veterinarian, the Animal Control Officer shall report to the Municipal Court Judge and the owner or keeper in writing of these reported incidents and that such animal may be determined at a hearing held before a Municipal Judge to have a propensity to cause harm to people or other domestic animals. The owner or keeper shall be notified in writing of the results of the hearing, including the determination of the Judge.
C. 
No person owning or keeping an animal which has been determined to have a propensity to cause harm to people or other domestic animals shall permit such animal off the premises of the owner or keeper unless being muzzled or crated and on a leash no longer than six feet.

§ 60-26 Wildlife feeding.

[Added 10-4-2005 by Ord. No. 2005-91[1]]
A. 
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
FEED
To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
WILDLIFE
All animals that are neither human nor domesticated.
B. 
No person shall feed, in any public park or on any other property owned or operated by the Township of Stafford, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
C. 
No person shall feed any wildlife, which shall include, but not be limited to, seagulls, ducks, squirrels, raccoons, Canada geese and waterfowl, on any private property.
[Added 11-18-2008 by Ord. No. 2008-118]
D. 
This section shall be enforced by the Police Department, any Animal Control Officer, or the Code Enforcement Officer of the Township of Stafford. Any person found to be in violation of this section shall be ordered to cease the feeding immediately and shall be deemed to have been creating a nuisance.
[Amended 11-18-2008 by Ord. No. 2008-118[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection C as Subsection D.
[1]
Editor's Note: This ordinance also provided for the redesignation of former § 60-26, Violations and penalties, as § 60-28.

§ 60-27 Certification of Animal Control Officers.

[Amended 7-3-2001 by Ord. No. 2001-43]
A. 
An Animal Control Officer of the Township of Stafford who has been certified as an Animal Cruelty Investigator pursuant to N.J.S.A. 4:19-15.16a is hereby authorized to investigate and sign complaints, arrest violators and otherwise act as an officer for detection, apprehension and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the state and ordinances of the municipality.
B. 
An Animal Control Officer who has been certified as an Animal Cruelty Investigator shall have all the powers and authority set forth in N.J.S.A. 4:19-15.16c.
C. 
An Animal Control Officer who has been certified as a Animal Cruelty Investigator who signs a complaint, issues a summons, makes an arrest or otherwise acts pursuant to his authority under N.J.S.A. 4:19-15.16c shall forward within five business days a copy of that complaint, summons or arrest warrant or report to the New Jersey Society for the Prevention of Cruelty to Animals and shall forward a report of any related court action within 30 calendar days of final disposition.

§ 60-28 Violations and penalties.

[Amended 11-11-1986 by Ord. No. 86-55; 2-21-1989 by Ord. No. 89-22; 2-20-1990 by Ord. No. 90-12; 4-17-1990 by Ord. No. 90-33; 12-20-1994 by Ord. No. 94-113]
A. 
Except as otherwise provided in this chapter, any person who violates, fails or refuses to comply with § 60-2, § 60-3, § 60-5, § 60-6, § 60-14, § 60-22, and § 60-25 of this chapter shall be liable to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the Township of Stafford, except that for the first offense in cases of violations of § 60-2, § 60-3 and § 60-5, the penalty shall not be less than $1 nor more than $50.
B. 
Any person violating or failing to comply with any other section of this chapter shall, upon conviction thereof, be punishable by a fine 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.
[Amended 10-4-2005 by Ord. No. 2005-91]
C. 
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.

§ 60-29 Possession of exotic animals prohibited.

[Added 7-15-2014 by Ord. No. 2014-10]
A. 
No person shall keep, harbor, possess, own or allow to be kept within the Township any exotic animal on the premises which are purchased after the effective date of this section.
B. 
Any person who has proof of ownership of an exotic animal prior to the effective date of this section will be permitted to retain such animal, provided that the owner registered said animal with the Township.

§ 60-30 Registration of exotic animals; annual inspections.

[Added 7-15-2014 by Ord. No. 2014-10]
Any person who registers an exotic animal will be required to provide and show proof of ownership and confinement of the animal; state permits, if any; vaccinations, if any; treating veterinarian at that time; and the treating veterinarian at the time of registration. Registration costs shall be $30 for each exotic animal being registered. Exotic animals permitted under this chapter shall be registered annually and due by the first day of February each calendar year. If a home inspection is required, the person registering such animal shall be notified by the Animal Control Officer. Any person who fails to register an exotic animal or provide proof of ownership will be in violation, resulting in fines and the possible seizure of the animal.