[Added 12-19-2018 by Ord. No. 17-2018]
As used in this article, the following terms shall have the meanings indicated:
- ANIMAL CARE FACILITY
- Any facility operated by a nonprofit humane agency, municipal agency, or any other authorized agent for the Township for the purpose of impounding or caring for animals held under the authority of this chapter or state law.
- Any establishment wherein or whereon the business of boarding and/or breeding dogs or cats for sale is carried on, except a pet shop.
- KENNEL OPERATOR
- A person who owns or operates a kennel, or both.
- LEGALLY EXISTING NONCONFORMING USE
- Any pet store or pet store operator that displayed, sold, delivered, offered for sale, or otherwise disposed of dogs or cats in the Township prior to August 29,2016.
- PET SHOP OPERATOR or PET STORE OPERATOR
- A person who owns or operates a pet store, or both.
- PET SHOP or PET STORE
- Retail establishments open to the public wherein animals, including, but not limited to, dogs or cats, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.
- An establishment for the confinement of dogs or other animals seized either under the provisions of N.J.S.A. 4:19-15.1 et seq. or otherwise.
- RESCUE ORGANIZATION
- Any facility where homeless, stray, abandoned, rescued or unwanted animals are received, harbored, maintained or made available for adoption to the general public and which is owned, operated or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of the cruelty to animals or other nonprofit or tax-exempt organization devoted to the welfare, protection and humane treatment of animals.
All pet shops, pet shop owners, kennels or kennel operators shall only sell, offer for sale, barter, auction, breed or otherwise dispose of dogs and cats in the Township of Wall that were obtained from a licensed animal shelter or rescue organization or in cooperation with a licensed animal shelter or rescue organization.
No pet shop, pet shop owner, kennel or kennel operator may sell, offer for sale, barter, auction, breed or otherwise dispose of dogs and cats in the Township of Wall that were acquired from a source other than a licensed animal shelter or rescue organization, unless said acquisition was in cooperation with a licensed animal shelter or rescue organization.
No pet shop, pet shop owner, kennel or kennel operator may sell, offer for sale, barter, auction, breed or otherwise dispose of dogs and cats in the Township of Wall that are younger than eight weeks old.
This section shall not apply to legally existing nonconforming uses or to the adoption of dogs or cats, or both.
Nothing contained herein shall prohibit a shelter, pound or other establishment from keeping, displaying, selling, or otherwise transferring any dog, cat or both, that has been seized, rescued or donated.
Any person who violates, or fails or refuses to comply with, any one or more provisions of this article shall be subject to a fine of not more than $2,000, or up to the maximum amount permitted by state law, for each separate offense, or confinement in the Monmouth County Jail for a period of not more than 90 days, or community service for a period of not more than 90 days, or any combination of fine, imprisonment and/or community service, as determined at 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 subject to penalties as provided herein for each separate offense.
The violation of any one or more provisions of this article shall be subject to abatement, summarily by a restraining order or by injunction issued by a court of competent jurisdiction.