[Adopted 12-11-2012 by Ord. No. 3998]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ANIMAL RESCUE ORGANIZATION
An individual or group or individuals who, with or without salary or compensation, house and care for homeless animals in the home of an individual or in other facilities, with the intent of placing the animals in responsible, more permanent homes as soon as possible.
ANIMAL RESCUE ORGANIZATION FACILITY
The home or other facility in which an animal rescue organization houses and cares for an animal.
CERTIFIED ANIMAL CONTROL OFFICER
A person 18 years of age or older who has satisfactorily completed the course of study approved by the Commissioner of Health and Senior Services and the Police Training Commission; or who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L. 1983, c. 525[1] for a period of three years before January 17, 1987.
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
FOSTER HOME
Placement of a cat or dog with an individual or group that is not an animal rescue organization for the purpose of temporarily caring for the cat or dog, without the individual assuming ownership and with the intent of the individual or group relinquishing the cat or dog to a suitable owner when one is located.
KENNEL
Any establishment wherein or whereon 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 shall include every person having a right of property in that dog and every person who has that dog in their keeping, and when applied to the proprietorship of any other animal, including, but not limited to, a cat, shall include every person having a right of property in that animal and every person who has that animal in their 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.
POUND
An establishment for the confinement of dogs or other animals seized under the provisions of this act or otherwise.
SHELTER
Any establishment where dogs or other animals are received, housed and distributed.
STERILIZE
To render an animal incapable of reproducing by either spaying or neutering.
[1]
Editor's Note: See N.J.S.A. 4:19-15.16a.
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Township Clerk or other official designated to license dogs in the Township where such establishment is located, for a license entitling them to keep or operate such establishment.
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the local municipal and health authorities showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
Any person holding a license shall not be required to secure individual licenses for dogs owned by a licensee and kept at the establishments; the licenses shall not be transferable to another owner or different premises.
A. 
All licenses issued for a kennel, pet shop, shelter, or pound shall state the purpose for which the establishment is maintained, and all licenses shall expire on the last day of June of each year, and be subject to revocation by the Township on recommendation of the Somerset County Health Department or the local board of health for failure to comply with the rules and regulations of the county department or local board governing the same, after the owner has been afforded a hearing by either the county department or local board.
B. 
The license for a pet shop shall be subject to review by the Township, upon recommendation by the County Department of Health or the local health authority for failure by the pet shop to comply with the rules and regulations of the county department or local health authority governing pet shops or if the pet shop meets the criteria for recommended suspension or revocation, after the owner of the pet shop has been afforded a hearing.
C. 
The Township, based on the criteria for the recommendation of the local health authority provided in this section, may suspend the license for 90 days or may revoke the license if it is determined at the hearing that the pet shop:
(1) 
Failed to maintain proper hygiene and exercise reasonable care in safeguarding the health of animals in its custody; or
(2) 
Sold a substantial number of animals that the pet shop knew, or reasonably should have known, to be unfit for purchase.
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.
Every pet shop licensed in the Township shall submit to the Township 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, and the Township shall provide this information to the local health authority.
A. 
The annual license fee for a kennel providing accommodations for 10 or less dogs shall be $10 and for more than 10 dogs, $25.
B. 
The annual license fee for a pet shop shall be $10.
C. 
No fee shall be charged for a shelter or pound.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
Any person who shall violate the provisions of this article shall, upon conviction by the Judge of the Municipal Court, be subject to the penalties as provided in Chapter 1, Article II, General Penalty.