[Added 12-19-2018 by Ord.
No. 17-2018]
As used in this article, the following terms shall have the
meanings indicated:
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.
A person who owns or operates a kennel, or both.
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.
A person who owns or operates a pet store, or both.
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.
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.
A.
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.
B.
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.
C.
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.
D.
This section shall not apply to legally existing nonconforming uses
or to the adoption of dogs or cats, or both.
E.
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.
A.
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.
B.
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.
