Borough of Edgewater, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Edgewater 1-16-1989 (Ch. 283 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 129, Art. I.
Board of Health penalties — See Ch. 450, Art. II.
Animals — See Ch. 454, Art. I..
Cat licensing — See Ch. 454, Art. II..
Kennels, pet shops, shelters and pounds shall comply with the provisions of this chapter in the maintenance and care of all animals subject to rabies and other diseases of dogs, as well as rules, regulations, ordinances enacted by the appropriate agency or governing body of the municipality wherein they are located. The term "animal" used in these regulations means any animal subject to rabies and other diseases of dogs.
The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
ADULT DOG OR CAT
A dog or cat over the age of seven months or which possesses a set of permanent teeth.
ANIMAL
Any animal subject to rabies or other diseases of dogs.
BOARDING
The act of providing food and shelter to dogs, regardless of whether it involves an overnight stay, for a fee, at the request of the owner or caretaker.
DEPARTMENT
The Department of Health and Senior Services.
DISINFECTION
Any process, chemical or physical, by means of which pathogenic agents or disease-producing microbes are destroyed, but not necessarily resistant bacterial spores.
EUTHANASIA
The act of inducing painless death.
FACILITY
Any kennel, pet shop, shelter or pound subject to N.J.S.A. 4:19-15.1 et seq., and this chapter.
IMPERVIOUS SURFACE
A surface that does not permit the absorption of fluids. Such surfaces are those that can be thoroughly and repeatedly cleaned and disinfected, which will not retain odors, and from which fluids bead up and run off or can be removed without being absorbed into the surface material.
INFECTIOUS AND ZOONOTIC DISEASE PROGRAM or IZDP
The Infectious and Zoonotic Disease Program of the Communicable Disease Service of the Division of Epidemiology, Environmental and Occupational Health in the Public Health Protection and Emergency Preparedness Branch of the Department of Health and Senior Services. The mailing address of the IZDP is P.O. Box 369, Trenton, NJ 08625-0369.
KENNEL
Any establishment wherein or whereupon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
OWNER
When applied to the proprietorship of a dog, means every person having a right of property in that dog and every person who has that dog in his or her keeping, and when applied to the proprietorship of any other animal, including, but not limited to, a cat, means every person having a right of property in that animal and every person who has that animal in his or her keeping.
PET SHOP
Any place of business which is not part of a kennel, wherein animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.
POTABLE WATER
Water suitable for human consumption.
POUND
Any establishment for the confinement of dogs or other animals seized either under the provisions of N.J.S.A. 4:19-15.16 or otherwise.
PRIMARY ENCLOSURE
Any structure used to restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage or compartment.
SHELTER
Any establishment where dogs or other animals are received, housed and distributed.
[1]
Editor's Note: Added at time of adoption of Code (See Ch. 450, General Provisions, Board of Health, Art. I).
A. 
Structural strength. Animal facilities shall be structurally sound and shall be maintained in good repair to protect the animals from injury, to contain the animals and to restrict the entrance of other animals; and location, construction, arrangement and operation shall not constitute a nuisance.
B. 
Water and electric power. Reliable and adequate electric power, if required to comply with other provisions of this chapter, and adequate potable water shall be available.
C. 
Storage. Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable foods.
D. 
Waste disposal. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors and disease hazards.
E. 
Washrooms and sinks. Facilities, such as washrooms, basins or sinks, shall be provided to maintain cleanliness among animal caretakers.
F. 
Housekeeping. Premises (buildings and grounds) shall be kept clean and in good repair in order to protect the animals from injury and to facilitate the prescribed husbandry practices set forth in this chapter. Premises shall remain free of accumulations of trash. Insects, ectoparasites and avian and mammalian pests shall be controlled effectively.
A. 
General. Indoor animal facilities shall be provided for all pet shops, shelters and pounds. Kennels must also have indoor facilities except for animals which are acclimated.
B. 
Heating. Indoor animal housing facilities shall be sufficiently heated when necessary to protect the animals from cold and to provide for their health and comfort. In the case of dogs or cats, the ambient temperature shall not be allowed to fall below 50° F. unless acclimated to lower temperatures.
C. 
Ventilation. Indoor housing facilities for animals shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air, either by means of windows, doors, vents or air conditioning, and shall be ventilated so as to minimize drafts, odors and moisture condensation. Auxiliary ventilation, such as exhaust fans and vents or air conditioning, shall be provided when the ambient temperature is 85° F. or higher.
D. 
Lighting. Indoor animal housing facilities shall have ample light, by natural or artificial means, or both, of good quality and well distributed. Such lighting shall provide uniformly distributed illumination of sufficient light intensity to permit routine inspection and cleaning during the entire working period.
E. 
Interior surfaces. The interior surfaces of indoor housing facilities shall be constructed and maintained so that they are substantially impervious to moisture and may be readily cleaned.
F. 
Drainage. A suitable method shall be provided to drain water from indoor housing facilities if need is indicated. Drains, when used, shall be properly constructed and kept in good repair to avoid foul odors therefrom. Closed drainage systems, when used, shall be equipped with traps and so installed as to prevent any backup of sewage onto the floor of the room.
A. 
Shelter from sunlight. When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow animals kept outdoors to protect themselves from the direct rays of the sun.
B. 
Shelter from rain or snow. Animals kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow.
C. 
Shelter from cold weather. Shelter shall be provided for animals kept outdoors when the atmospheric temperature falls below 50° F. Sufficient clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below that temperature to which an animal is acclimated.
D. 
Drainage. A suitable method shall be provided to drain surface water rapidly.
A. 
Definition. A "primary enclosure" is any structure used to restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage or compartment.
B. 
Primary enclosure structure. All enclosures shall be constructed and maintained in such form and manner as to:
(1) 
Protect animals from injury.
(2) 
Keep predators out.
(3) 
Enable animals to remain dry and clean.
(4) 
Provide sufficient space for each animal to turn about freely and to stand, sit and lie in a comfortable, normal position with a minimum footage of floor space equal to the mathematical square of the sum of the length of the animal in inches, as measured from the tip of the nose to the base of the tail, plus six inches, expressed in square feet.
C. 
Removal of excreta. Excreta shall be removed from primary enclosure as often as necessary to prevent contamination of the animals contained therein and to reduce disease hazards and odors. When a hosing or flushing method is used for cleaning, any animal contained therein shall be removed from such enclosure during the cleaning process, and adequate measures shall be taken to protect the animals in other such enclosures from being contaminated with water and other wastes.
D. 
Cleaning of primary enclosures. Primary enclosures for animals shall be physically cleaned often enough to prevent an accumulation of debris or excreta and to reduce to a practical minimum agents injurious to the health of animals or humans.
E. 
Classification and separation by species. Animals housed in the same primary enclosure shall be maintained in compatible groups, with the following additional restrictions:
(1) 
Females in season (estrus) shall not be housed in the same primary enclosure with males, except for breeding purposes, unless otherwise requested by the owner.
(2) 
Any animal exhibiting a vicious disposition shall be housed individually in a primary enclosure.
(3) 
Immature animals shall not be housed in the same primary enclosure with adults other than their mothers except when permanently maintained in breeding colonies.
(4) 
Each animal under quarantine or treatment for a communicable disease shall be separated from other animals in order to minimize dissemination of such disease.
A. 
Frequency of feeding. Animals shall be fed at least once each day except as otherwise might be required to provide adequate care. The food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. Immature animals shall be fed in accordance with generally accepted procedures.
B. 
Food receptacles. Containers of food shall be accessible to animals and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. Disposable food receptacles may be used but must be discarded after each feeding. Self feeders may be used for the feeding of dry food and they shall be cleaned regularly to prevent molding, deterioration or caking of feed.
C. 
Watering. If potable water is not accessible to the animals at all times, potable liquids or potable water shall be offered to animals at least twice daily, except as might otherwise be required to provide adequate care. Receptacles for such purposes shall be kept clean at all times.
A. 
Veterinary care. Disease control and adequate health care shall be established and maintained under the supervision and assistance of a doctor of veterinary medicine.
B. 
Observation. Each animal shall be observed daily by the animal caretaker in charge or by someone under his direct supervision. Sick, diseased, injured, lame or blind animals shall be provided with veterinary care or humanely disposed of unless such action is inconsistent with the purposes for which such animal was obtained and is being held; provided, however, that the provision shall not affect compliance with N.J.S.A. 4:19-15.16 which requires the holding for seven days of all stray dogs.
C. 
Rabies suspects. Any person operating or employed at a kennel, pet shop, shelter or pound who observes an animal which he suspects of being rabid shall at once notify, by telephone or telegraph, the executive officer of the local Board of Health or the State Department of Health and Senior Services and segregate such animal for a period of 10 days unless examined and released by written statement of a veterinarian.
A. 
Protection of the public from rabies infection.
(1) 
Impounded animals must be kept alive for seven days to give opportunity for rabies disease surveillance and opportunity for the owner to reclaim. See § 512-9A(2).[1]
[1]
Editor's Note: See also N.J.S.A. 4:19-15.16.
(2) 
Animals having bitten humans must be kept alive and observed for 10 days. The bat is the exception to the rule regarding ten-day confinement of biting animals. Bats may live more than 10 days after the virus is present in saliva. A ten-day confinement period may give a false impression that the bat could not have transmitted rabies at the time of the bite. The biting bat should be delivered to the State Department of Health and Senior Services laboratory in a jar or similar container.
(3) 
Animals brought in for elective destruction may not be killed until the person in charge of the facility has determined the animal is not a stray and that the person requesting the animal's destruction is its owner or a representative of the owner and the animal has not bitten a human being within 10 days or evidenced other aggressive tendencies compatible with symptoms suspicious of rabies.
(4) 
The person in charge of the facility shall keep a record of evidence submitted in support of Subsection A(3) for a period of one year.
B. 
Opportunity to reclaim animals. Each shelter or pound shall post a sign establishing specific hours during which persons will be permitted to enter the facility to look at animals and records for the purpose of seeking animals that are missing.
(1) 
The sign must be clearly visible from the outside.
(2) 
The hours must be at least one hour each business day.
(3) 
The person who is searching for a missing animal shall identify himself by presenting a driver's license or other acceptable identification document.
(4) 
The person who is searching for a missing animal shall furnish to the shelter or pound a written description of the missing animal and a license for any dog which has attained the age of seven months or which possesses a set of permanent teeth or a bill of sale or other proof of ownership of a younger dog or other animal.
(5) 
The person who is searching for a missing animal shall abide by all reasonable security measures required by the shelter or pound to prevent the spread of disease.
A. 
General. Vehicles used in transporting animals shall be mechanically sound and equipped to prevent hazard to the health of all animals being transported.
B. 
Cargo space. The animal cargo space of all vehicles shall be so constructed and maintained as to prevent the ingress of exhaust from the vehicle's engine.
C. 
Vehicle; primary enclosure.
(1) 
Each animal in the vehicle has access to sufficient fresh air for normal breathing.
(2) 
The openings of such enclosures are easily accessible at all times for emergency removal of the animals.
(3) 
The animals are afforded adequate protection from the elements. The temperatures within such enclosures shall not be allowed to exceed 85° F. or fall below 45° F. for a period of more than four hours; provided, however, that at no time may an animal be transported longer than one hour at a temperature of more than 95° F. or less than 35° F.
D. 
Species and sex separation. Animals transported in the same primary enclosure shall be maintained in compatible groups, and any animal exhibiting a vicious disposition shall be transported individually in a primary enclosure. Further, any female animal shall not be transported in the same primary enclosure with any male animal unless otherwise requested by the owner.
E. 
Primary enclosure size. Primary enclosures used to transport animals shall be large enough to ensure that each animal contained therein has sufficient space to turn about freely, stand erect and to lie in a natural position.
F. 
Double-decking. Animals shall not be placed in primary enclosures over other animals in transit unless each enclosure is fitted with a floor of a material which prevents animal excreta from entering lower enclosures.
G. 
Sanitation. Primary enclosures used to transport animals shall be maintained in a clean and sanitary condition.
H. 
Veterinary care. It shall be the responsibility of the attendant or driver to inspect the animals to determine whether they need emergency veterinary care and, if so, to obtain such care from a doctor of veterinary medicine at the earliest opportunity.
A. 
General. Each person in charge of a kennel, pet shop, shelter or pound shall be responsible for compliance with this chapter by those facilities.
B. 
Records.
(1) 
There shall be kept at each kennel, pet shop, shelter and pound a record of all animals received and/or disposed of. Such records shall state the date each animal was received, description of animal, license number, breed, age and sex; name and address of the person from whom acquired; date killed and method, or name and address of the person to whom sold or otherwise transferred. These records shall be kept at the premises for 12 months after the date the animal is killed or removed from the establishment and shall be available to any agent of the municipal government, the local Board of Health or the State Department of Health and Senior Services.
(2) 
Except as otherwise provided in Subsection B(3) of this subsection, no kennel, pet shop, shelter or pound shall, within one year from the making thereof, destroy or dispose of any books, records, documents or other papers required to be maintained under this chapter.
(3) 
The records required to be maintained under this chapter shall be held for such period in excess of the one-year period specified in Subsection B(2) of this subsection as may be required to comply with any federal, state or local law. When the local Board of Health, or local regional health department or the State Department of Health and Senior Services notifies a kennel, pet shop, shelter or pound in writing that specified records shall be retained pending completion of an investigation or proceeding, such facility shall hold such records until their disposition is authorized by the local or regional agency or the State Department of Health and Senior Services.
(4) 
A licensee shall promptly notify the licensing agency of any change in his name and address or any change in his operations which may affect his status.
The fees for licensure of pet shops, kennels, shelters or pounds are hereby fixed as set forth in § 479-3 of the Code for each such establishment. If the fee is not payable at the beginning of the calendar year in which the license is issued, the license shall apply only to the balance of the calendar year during which the fee is so paid or payable.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 450, General Provisions, Board of Health, Art. I)
Violations of this chapter are punishable as set forth in Chapter 450, Article II, General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 450, General Provisions, Board of Health, Art. I)