[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.]
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:
A dog or cat over the age of seven months or which possesses
a set of permanent teeth.
Any animal subject to rabies or other diseases of dogs.
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.
The Department of Health and Senior Services.
Any process, chemical or physical, by means of which pathogenic
agents or disease-producing microbes are destroyed, but not necessarily
resistant bacterial spores.
The act of inducing painless death.
Any kennel, pet shop, shelter or pound subject to N.J.S.A.
4:19-15.1 et seq., and this chapter.
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.
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.
Any establishment wherein or whereupon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
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.
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.
Water suitable for human consumption.
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.
Any structure used to restrict an animal or animals to a
limited amount of space, such as a room, pen, run, cage or compartment.
Any establishment where dogs or other animals are received,
housed and distributed.
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.
(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.
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.
