[Adopted 10-3-2017 by Ord. No. 3368]
As used in this article, the following terms shall have the meanings indicated:
- ANIMAL CARE FACILITY
- An animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
- ANIMAL RESCUE ORGANIZATION
- Any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
- A member of the species of domestic cat, Felis catus.
- A member of the species of domestic dog, Canis familiaris.
- OFFER FOR SALE
- To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
- PET SHOP
- A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.
No pet store shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of cats or dogs. Nothing in this section shall prohibit pet stores from collaborating with animal care facilities, animal rescue organizations or reputable hobby breeders to offer space for such entities to showcase adoptable dogs and cats.
If any section, subsection, paragraph, sentence, clause or phrase of this article shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this article which shall continue in full force and effect, and to this end the provisions of this article are hereby declared to be severable.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $500. This article shall be enforced by both the Health Inspector and the Police Department of the Township of Nutley.
This article shall become effective 90 days after passage.