[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.]
[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:
Any domestic short- or long-haired cat.
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.
Any dog, bitch or spayed bitches.
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]
A bird, including but not limited to ducks, geese or chickens.
The act of affording lodging, shelter or refuge to an exotic
animal.
[Added 7-15-2014 by Ord.
No. 2014-10]
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.
Any establishment wherein or whereon the business of boarding,
selling, breeding or training of dogs or cats is carried on, except
a pet shop.
Any dog or cat which has attained the age of seven months
or possesses a set of permanent teeth.
Any domestic animal, including but not limited to cattle,
horses, pigs, goats, rabbits, turkeys, chickens or swine raised for
home use or profit.
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.
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]
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.
An establishment for the confinement of dogs or other animals
seized under the provisions of this chapter or otherwise.
Any establishment where dogs, cats and other animals are
received, housed and distributed without charge.
[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.
[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.
A.
The person applying for the license and registration
tag shall pay to the Township a fee of $12 for each cat or 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 $9 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. Pursuant to N.J.S.A. 4:19-15.1 et seq., of
the above fees, the Township's portion for non-spayed or -neutered
animals shall be $7.80 per license year and $4.20 shall go to the
State of New Jersey and for spayed or neutered animals, the Township's
portion shall be $7.80 per license year and $1.20 shall go to the
State of New Jersey. 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; 8-13-2019 by Ord. No. 2019-12]
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]
[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.
[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.
[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]
[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]
[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.
[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]
[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.
[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.
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.
[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.
[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.
[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.
[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.
[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.
IMMEDIATE
OWNER/KEEPER
PERSON
PET
PET SOLID WASTE
PROPER DISPOSAL
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.
That the pet solid waste is removed at once, without delay.
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.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Waste matter expelled from the bowels of the pet; excrement.
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.
[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.
[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.
[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:
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)
ANIMAL
BREEDER
BROKER
CONSUMER
DIRECTOR
DIVISION
PET DEALER
PET SHOP
QUARANTINE
UNFIT FOR PURCHASE
USDA
USDA LICENSE NUMBER
VETERINARIAN
Definitions relative to sales of cats and dogs:
A cat or dog.
Any person, firm, corporation or organization in the business
of breeding cats or dogs.
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.
A person purchasing a cat or dog not for the purpose of resale.
The Director of the Division of Consumer Affairs in the Department
of Law and Public Safety.
The Division of Consumer Affairs in the Department of Law
and Public Safety.
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.
A pet shop as defined in Section 1 of P.L. 1941, c. 151 (N.J.S.A.
4:19-15.1).
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.
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.
The United States Department of Agriculture.
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.
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
(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.).
[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:
[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.
[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.
[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.
[Added 10-4-2005 by Ord. No. 2005-91[1]]
A.
FEED
PERSON
WILDLIFE
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.
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.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
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.
[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.
[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.
[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.
[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.
[Added 7-14-2020 by Ord. No. 2020-08]
A.
Registration.
Except as part of an active farm, no person shall keep, raise or maintain
any chicken, or other fowl unless such person has first registered
to do so from the Township Department of Animal Control. There will
be an annual registration fee of $20, which shall be renewable annually.
The annual registration fee will be put in place the first full year,
2021. Property owners that have registered to keep, raise and maintain
fowl on their property must do so under the limits set forth in this
chapter.
B.
Maximum number
of fowl. A minimum lot size of 0.20 acres is required for keeping
any fowl pursuant to this chapter and shall only be permitted on properties
containing a single-family home. The number of fowl permitted is based
upon 12 total for a lot of 0.20 acres; for a lot size of 0.20 to 0.50
acres the number of fowl allowed will increase to 20 total. Thereafter
an additional 20 fowl will be permitted for each additional acre of
lot area. Any property owner with more fowl than the maximum number
allowed as of August 1, 2020, shall be grandfathered in and will come
into compliance with the maximum number of fowl as the fowl perish.
C.
Standards
for keeping fowl.
(1)
Only
female chickens are permitted. No roosters will be allowed on any
residential property.
(2)
Shelter
must be accessible which will provide shade and give protection from
the elements. Fowl may be confined to cages or raised on a conventional
litter floor and may have access to an outside yard, but such access
is not required. When confined to cages, a minimum of 200 square inches
of cage floor space, per bird, must be provided and if a conventional
floor system is used, fowl should be provided with a minimum of three
square feet of space per fowl. If the fowl have access to an outdoor
yard, the yard must have a minimum of 15 square feet of yard space
per fowl.
(3)
Care
and management of premises must be maintained at all times in a sanitary
manner so as not to create odors and any outdoor yard area shall be
kept free of debris, weeds, and standing water.
(4)
Any
poultry pen, poultry house, or poultry yard shall be suitably fenced.
All structures and enclosures shall be in the rear yard of the property.
D.
Penalties for offenses. Any person found guilty of raising or maintaining fowl in violation of any provisions of this chapter shall be subject to a fine not to exceed $1,250 as per § 60-28 of the Township Code. The Township of Stafford Animal Control Department shall have the authority to revoke the registration of any person found guilty of violating the provisions of this section or any applicable health code provision of the Township of Stafford or County of Ocean.
E.
Grace period.
Anyone keeping, raising or maintaining chickens or other fowl at the
time of adoption of this section shall have a grace period of 180
days thereafter to register and comply with the requirements of this
section.
