CHAPTER V   ANIMAL CONTROL

 

 

Article I  GENERAL PROVISIONS

 

5-1         PREAMBLE.

       It is an objective of this Mayor and Council to protect the public safety from animal related nuisances and threats to public health, safety and welfare; and to provide for the humane treatment of animals. It has been determined that both objectives can be fostered by assuring that animal owners meet responsibilities for the control and care of their animals and pets. (Ord. #715)

 

 

5-2         DEFINITIONS.

       As used in this Chapter:

       Animal shall mean any live, vertebrate creature, domestic or wild.

       Animal Control Officer shall mean a certified animal control officer who has completed a training course covering law enforcement methods and techniques and is authorized by the Borough and has successfully completed the training course promulgated pursuant to rules and regulations by the New Jersey Department of Health and Senior Services. Said animal control officers duly authorized and permitted to enforce the animal cruelty statutes pursuant to N.J.S.A. 4:22-1 et seq. The  Animal Control Officer shall be duly appointed by resolution of the Mayor and Council to enforce the provisions of this Chapter, and provisions of P.L. 1997, Chapter 247 and P.L. 1996, Chapter 113.

       Animal Shelter shall mean any facility operated by a nonprofit humane agency, municipal agency, or any other authorized agent of the Borough for the purpose of impounding or caring for animals held under the authority of this Chapter or State Law.

       Attack Dogs shall mean any dog purchased, rented, or trained for the purpose of attacking intruders or other persons and capable of causing grievous or deadly injury to persons.

       Commercial Animal Establishments shall mean any pet shop, auction, circus, performing animal exhibition, or kennel.

       Dangerous Animal shall mean any animal or invertebrate that constitutes a physical threat to human beings or other animals.

       Dog shall mean any dog or dog hybrid.

       Domestic Animal shall mean any cat, dog, or livestock other than poultry.

       Exotic Mammal, Bird, Reptile or Amphibian shall mean any nongame species of mammal, bird, reptile or amphibian not indigenous to New Jersey, as defined in N.J.A.C. 7:25-4.1.

       Kennel shall mean any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, cats, or other domesticated animals.

       Licensing Authority shall mean Municipal Board of Health.

       Owner shall mean and include any person owning, keeping, or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for two (2) weeks or more.

       Pet shall mean any animal kept for pleasure rather than utility.

       Pet Shop shall mean any place of business which sells animals including but not limited to dogs, cats, birds, fish, reptiles, rabbits, hamsters, or gerbils, primarily for companionship.

       Pot Bellied Pig shall mean any miniature pot-bellied pig obtained as a domestic pet and kept for pleasure rather than utility. Said pot-bellied pig shall at no time exceed the weight of one hundred (100) pounds.

       Public Nuisance shall mean any animal which:

        a.      Molests passers-by or passing vehicles;

        b.      Attacks other animals or persons;

        c.      Trespasses on school grounds;

        d.      Is repeatedly at large;

        e.      Damages private or public property;

        f.       Barks, whines, or howls in an excessive, continuous, or untimely fashion.

       Restraint shall mean any animal secured by a leash or lead, or within the real property limits of its owner.

       Vicious Dog shall mean any dog or dog hybrid declared vicious by the Municipal Court Judge pursuant to this Chapter and N.J.S.A. 4:19-17 et seq.

       Wild Animal shall mean those animals wild by nature, which because of habitat, mode of life or natural instinct, are not capable of being completely domesticated, and require the exercise of art, force or skill to keep them in subjection.

       Wild Cats shall mean any cat that is living outdoors, is untagged and has no apparent owner.

(Ord. #715, S 1; Ord. #1993-23, S 1; Ord. #1995-15, S 1; Ord. #1998-04, S 1; Ord. #17-2009, S 1)

 

 

5-3         LICENSING AND TAGGING.

       a.     Any person owning, keeping, harboring, or having custody of any dog six (6) months of age or older within this Borough is required each year to have the same registered with the Board of Health; there shall be attached to the collar of each dog the registration tag furnished by the Board of Health.

       b.     Application for a license must be made within thirty (30) days after obtaining a dog that is six (6) months of age or older, except that this requirement will not apply to a nonresident keeping a dog within the Borough for a period of not longer than sixty (60) days.

       c.     The license expires January 31 of each year and is subject to renewal thirty (30) days prior to this expiration date each year.

       d.     Cats will wear a tag identifying owner by name and address; tags will be provided by the cat owners; safety collars are advised. Cats over six (6) months of age will be inoculated for rabies in such a manner and with such frequency as to provide continuous protection against rabies.

       e.     Cats not wearing identification tags will be considered stray and wild animals and subject to impoundment as stated in Section 5-5 of this Chapter.

       f.     A one (1) year dog license shall be issued after payment of applicable fees:

               License:                                                                       $8.80

               Registration:                                                                $1.00

               State of N.J. Neutering Program:                               $  .20

               Surcharge for Unneutered or Unspayed Dogs:          $3.00

       g.     A late fee in the amount of five ($5.00) dollars shall be due and payable to the Borough for each and every dog license renewed after the last day of January of each year.

       h.     Any person owning, keeping, harboring or having custody of any cats six (6) months of age or older within this Borough is required each year to have the same registered with the Board of Health. The registration tag furnished by the Board of Health shall be maintained by the owner and made available for presentation upon request.

       i.      Applications for a license for a cat must be made within thirty (30) days after obtaining the cat that is six (6) months of age or older, except that this requirement shall not apply to a nonresident keeping a cat within the Borough for a period of not longer than sixty (60) days.

       j.      Any person owning, keeping, harboring or having custody or any exotic mammal, bird, reptile or amphibian six (6) months of age or older within this Borough is required each year to have the same registered with the Board of Health. The registration tag furnished by the Board of Health shall be maintained by the owner and made available for presentation upon request.

       k.     Applications for a license for an exotic mammal, bird, reptile or amphibian must be made within thirty (30) days after obtaining the exotic animal that is six (6) months of age or older, except that this requirement shall not apply to a nonresident keeping an exotic animal within the Borough for a period of no longer than sixty (60) days.

       l.      A one (1) year license for cats and for exotic mammals, birds, reptiles, or amphibians shall be issued after payment of the applicable fees:

        License (up to four (4) cats per household):            $5.00

        License (for each exotic animal):                             $5.00

       m.    A late charge in the amount of five ($5.00) dollars shall be due and payable to the Borough for each and every license renewed after the last day of March of each year.

(Ord. #715, S 2; Ord. #809, S 1; Ord. #17-2009, S 2; Ord. #2013-22)

 

5-3.1        Reserved.

 

5-3.2        Licensing of Miniature Pot-Bellied Pigs.

       a.     Any person owning, keeping, harboring, or having custody of any domesticated miniature pot-bellied pig duly registered with a nationally recognized service and of at least six (6) months of age within this Borough is required each year to have the same registered with the local Board of Health. A photograph of said pot-bellied pig with any and all other required documentation must be presented to the Board of Health along with the applicable fee. A certificate of registration valid for that calendar year shall then be issued by the local Board of Health to the owner.

       b.     No pot-bellied pig shall be considered lawful or issued a license until such time as the local Board of Health has been presented with a certification from a licensed veterinarian that said animal has been neutered or spayed.

       c.     In order to obtain said license each owner must present proof of said pot-bellied pig having received any and all inoculations as may be required under the regulations of the State of New Jersey.

       d.     Application for a license must be made within thirty (30) days after obtaining a pot-bellied pig that is six (6) months of age or older, except that this requirement will not apply to a nonresident keeping a pot-bellied pig within the Borough for a period of not longer than sixty (60) days.

       e.     The license expires January 31 of each year and is subject to renewal thirty (30) days prior to this expiration date each year.

       f.     A one (1) year pot-bellied pig license shall be issued after payment of applicable fees:

               License:        $7.00

       g.     A late fee in the amount of five ($5.00) dollars shall be due and payable to the Borough for each pot-bellied pig license renewed after the last day of March of each year.

(Ord. #1993-23, S 2)

 

 

5-4         PERMITS; COMMERCIAL ANIMAL ESTABLISHMENTS OR ANIMAL SHELTER.

       a.     No person shall operate a commercial animal establishment without first obtaining a permit in compliance with this section.

       b.     The permit shall begin on July 1 of each year and shall run for one (1) year. Renewal applications for permits shall be made thirty (30) days prior to, and up to thirty (30) days after July 1 of each year.  Application for a permit to establish a commercial animal establishment under the provisions of this Chapter may be made at any time. For the permit year starting July 1, 1998 to June 30, 1999, for those commercial animal establishments which had previously complied with this Chapter and obtained a permit beginning on January 1, 1998, one-half (1/2) of the permit paid for the year beginning January 1, 1998 shall be credited toward the new permit which must be obtained so as to begin on July 1, 1998.

       c.     If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his name upon payment of a ten ($10.00) dollar transfer fee.

       d.     The annual license fee for a kennel providing accommodations for ten (10) or less dogs shall be ten ($10.00) dollars and for more than ten (10) dogs, twenty-five ($25.00) dollars. The annual license fee for other commercial animal establishments shall be ten ($10.00) dollars.

       e.     Prior to the issuance of any permits, the Borough Board of Health, in conjunction with the Office of Code Enforcement shall inspect the commercial animal establishment in order to determine that all requirements of this Chapter, and the appropriate Administrative Code Regulation, N.J.A.C. 8:23A-1.1 et seq. have been complied with.

(Ord. #715, S 3; Ord. #1998-04, S 2)

 

 

5-5         RESTRAINT.

       a.     All dogs and pot-bellied pigs shall be kept under restraint.

       b.     Allowing or permitting any dog, cat or pot-bellied pig to run at large, or allowing or permitting any dog or cat to annoy other inhabitants of the Borough is declared to be a nuisance and violation of this Chapter.

       c.     Every dangerous animal or invertebrate, as determined by the Animal Control Officer, shall be confined by its owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.

       d.     No person shall keep or allow his dog or pot-bellied pig, or any such animal in his custody to be on the Public Beach of the Borough.

(Ord. #715, S 4; Ord. #1993-23, S 3)

 

 

5-6         IMPOUNDING.

       a.     The Animal Control Officer of the Borough of Point Pleasant shall take into custody and impound or cause to be taken into custody and impounded the following:

        1.      Any dog running at large within the limits of the Borough of Point Pleasant.

        2.      Any dog not licensed or tagged as provided by this Chapter.

        3.      Any dog off the premises of the owner, or the person keeping or harboring the dog, when the Animal Control Officer shall have reason to believe is a stray dog.

        4.      Any dog with a vicious or dangerous propensity, or noticeably infected with rabies, or bitten by an animal suspected of having rabies.

        5.      Any female dog in season off the premises of the owner or person keeping or harboring such dog.

        6.      Any cats creating a nuisance while off the property of their owner, or person keeping or harboring the cat.

        7.      Any dog or other animal as authorized by the provisions of N.J.S.A. 40:19-15.16.

       b.     In the event of a dog bite, the Animal Control Officer shall work directly under the Local Board of Health in all administrative and enforcement actions and in accordance with prescribed state statutes.

       c.     Any dog or cat so seized wearing a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or if the person keeping or harboring said dog or cat is known, the Animal Control Officer shall forthwith cause to be served upon the person whose address is given on the collar or on the owner or on the person keeping or harboring said dog or cat, if known, a notice in writing stating that the dog or cat has been seized and will become the subject of appropriate action in a manner approved by the Department of Health of the State of New Jersey if not claimed within seven (7) days after the service of the notice.

       d.     A notice under this section may be served either by delivering it to the person upon whom it is to be served or by leaving it at the person's usual or last known place of abode or at the address given on the collar or by forwarding it by post in a prepaid letter addressed to that person at his or her usual or last known place of abode or to the address given on the collar.

       e.     When any dog or cat so seized has been detained for seven (7) days after notice, when notice can be given as above set forth, or has been detained for seven (7) days after seizure, when no notice has been given as above set forth, and if the owner or person keeping or harboring said dog or cat has not claimed said dog or cat and not paid all expenses incurred by reason of its detention, which shall be not less than ten ($10.00) dollars, together with maintenance costs at the rate of five ($5.00) dollars per day, and if the dog is unlicensed at the time of the seizure produced a license and registration tag for said dog, the Animal Control Officer may take appropriate action in a manner approved by the Department of Health of the State of new Jersey and in accordance with the statutes of the State of New Jersey.

       f.     Fee schedule for the Borough of Point Pleasant animal control program (for animal shelter, euthanasia, burial):

Disposition

Service

Fee

Reclaimed

Administration fee

Board per day

$20.00

$  5.00

Adopted

Administration fee

Board per day

$20.00

None

Quarantined

Administration fee

Board per day

$20.00

$  5.00

Unwanted

Administration fee

Euthanasia fee

Burial

$25.00

$20.00

$30.00

Unwanted quarantined

Administration fee

Board per day

Euthanasia fee

Burial fee

$20.00

$  5.00

$20.00

$30.00

Dead on arrival, if owned

Administration fee

Burial fee

$20.00

$30.00

Miscellaneous handling

Dipping

Bathing

Bathing/Dipping

$10.00

$10.00

$15.00

(Ord. #715, S 5; Ord #1993-23, S 4; Ord. #1995-15, S 3)

 

 

5-6A      AUTHORITY TO ENTER UPON PREMISES.

       The Animal Control Officer engaged in the performance of any duty under this Chapter or the statutes of the State of New Jersey is hereby authorized to enter upon any premises to seize and impound any dog or cat, or dogs or cats, which he may lawfully seize or impound when such officer is in immediate pursuit of said dog or cat, or dogs or cats, except upon the premises of the owner of the dog or cat, if said owner is present and forbids the same.  (Ord. #1995-15, S 4)

 

 

5-6B      HINDRANCE OF ENFORCEMENT.

       It shall be unlawful for any person to hinder, molest or interfere with any one authorized or empowered to perform any duty under this Chapter or of the statutes of New Jersey.  (Ord. #1995-15, S 5)

 

 

5-7         ANIMAL CARE.

       a.     No owner shall fail to provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment.

       b.     No person shall ill-treat, torment, otherwise abuse an animal, or permit combat between animals.

       c.     Any owner that shall abandon an animal shall be subject to the penalties herein.

       d.     No person shall give away any live animal, reptile, or bird, except fish (permitted), as a prize for or as an inducement to enter any contest, games, or other competition, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.

       e.     It shall be unlawful for any person to place any known poisonous substance for the sole purpose of poisoning domestic or wild animals except rodents.

(Ord. #715, S 6)

 

 

5-8         KEEPING OF CERTAIN ANIMALS PROHIBITED.

 

5-8.1        Prohibitions Enumerated; Number of Animals Restricted.

       a.     No person shall keep or permit to be kept on his premises any wild or dangerous animal for display or exhibition purposes, whether gratuitously or for a fee. No person shall raise, keep, harbor or maintain any hogs, cows, sheep, goats or pigs, with the exception of a domestic pot-bellied pig as defined by this Chapter of the Borough Code, within the limits of the Borough.

       b.     No person shall keep or permit to be kept any wild animals unless licensed by the State.

       c.     It shall be deemed unlawful, and a public nuisance, and a violation of this Chapter, for any person to keep or maintain more than four (4) dogs or cats, or a combination of dogs, cats or pot-bellied pigs in any property within the Borough of Point Pleasant. At no time shall  a person keep or maintain more than one (1) pot-bellied pig in a property within the Borough of Point Pleasant. This section shall not apply to a litter of pups or kittens kept or maintained in or upon any property within six (6) calendar months of birth. This section shall also not be applicable to any commercial establishment or animal shelter licensed in accordance with Section 5-4 of this Chapter.

       d.     Persons having more than four (4) animals as of the date of the adoption of this section shall be allowed to keep a maximum of six (6) animals. However, the maximum number of animals such person shall be permitted to keep shall not  exceed four (4) upon the death of animals being maintained or kept as of the date of the adoption of this section.

(Ord. #715, S 7; Ord. #773, S 1; Ord. #803, S 1; Ord. #1993-23, S 5)

 

5-8.2        Keeping of Certain Birds Prohibited.

       a.     No person shall keep or permit to be kept on any premises within the Borough of Point Pleasant any turkey, chicken, quail, pheasant, peacock or hen except in accordance with the provisions of this Chapter. No more than a total of twelve (12) birds, of which no more than one (1) shall be a rooster, shall be permitted to be maintained on any one (1) property. All birds shall have a license in accordance with Section 5-3.

       b.     All such animals shall be kept indoors, or if maintained outdoors, shall be kept at all times in a fenced enclosure within the rear yard of a property.

       c.     All animals kept outdoors shall be provided a coop facility for protection from the weather, which shall be maintained free of animal waste and odors, and shall be located in compliance with rear yard building setbacks for an accessory structure.

(Ord. #2011-15)

 

 

5-9         ANIMAL WASTE.

       All dogs must be curbed by the person so controlling same. The owner of every animal shall be responsible for the removal of any excreta deposited by his animal on public walks, recreation areas, or private property. (Ord. #715, S 8)

 

 

5-10       VICIOUS ANIMALS.

       a.     The Animal Control Officer shall immediately notify the Municipal Court Administrator, and the Municipal Health Officer that he has seized and impounded a dog pursuant to Section 5-6 of this Chapter, or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required.  The Animal Control Officer shall through a reasonable effort attempt to determine the identity of the owner of any dog seized and impounded pursuant to this Chapter or a statute of the State of New Jersey.  If the owner cannot be identified within seven (7) days, that dog may be humanely destroyed.

       b.     The Animal Control Officer shall within three (3) working days of the determination of the identity of the owner of a dog seized and impounded pursuant to this Chapter notify the Municipal Court Administrator of the pertinent information regarding the animal and its owner so the Municipal Court may provide the appropriate notice or the Animal Control Officer may undertake the obligation of providing the appropriate notice by proceeding as follows:  notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment, and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous.  This notice shall also require that the owner return within seven (7) days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted or, if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed.  The owner shall also be notified that if he wishes the hearing to be conducted, he may obtain a medical evaluation of the dog which shall be completed within ten (10) days of receipt of the notice.  If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for a certified letter, or does not reply to the certified letter with a signed statement within seven (7) days of receipt, the dog may be humanely destroyed.

       c.     The Municipal Court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:

        1.      Killed a person or caused serious bodily injury to a person as defined in N.J.S. 2C:11-1(b); or

        2.      A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S. 2C11-1(b) upon a person if the dog was provoked.  The Borough of Point Pleasant shall bear the burden of proof to demonstrate that the dog was not provoked; or

        3.      If the Municipal Court declares a dog to be vicious, and no appeal is made of this ruling pursuant to the Rules of Court, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.

       d.     1.      The Municipal Court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:

        (a)      Caused bodily injury as defined in N.J.S. 2C:11-1(b) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person, or

        (b)      Killed another domestic animal, and

          (1)      Poses a serious threat of bodily injury or death to a person, or

          (2)      Poses a threat of death to another domestic animal, or

        (c)      Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

        2.      The Municipal Court shall not declare a dog to be potentially dangerous for:

        (a)      Causing bodily injury as defined in N.J.S. 2C:11-1(a) to a person if the dog was provoked, or

        (b)      Killing a domestic animal if the domestic animal was the aggressor.

        For the purposes of paragraph (a) the Borough of Point Pleasant shall bear the burden of proof to demonstrate that the dog was not provoked.

        3.      If the Municipal Court declares the dog to be potentially dangerous, it shall issue an Order and a schedule for compliance which, in part:

        (a)      Shall require the owner to comply with the following conditions:

          (1)      To apply, at his own expense, to the Clerk of the Borough of Point Pleasant or Board of Health Office for a special license designating the dog as a potentially dangerous dog, and issuing a municipal registration number, and a red identification tag to be worn on the dog's collar.  The owner shall at his own expense, have the registration number tattooed upon the dog in a prominent location.  A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, registration number and a red identification tag:

          (2)      To display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises.  The sign shall be visible and legible from fifty (50') feet of the enclosure required by paragraph d,3(a)(3) of this section:

          (3)      To immediately erect and maintain an enclosure for the potentially dangerous dog will be kept and maintained, which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six (6') feet in height separated by at least three (3') feet from the confined area.  The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or other person.  All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three (3') feet from the owner and under the direct supervision of the owner;

          (4)      The Municipal Court may order any other provision, control, or requirement that it deems equitable and just.

       e.     Notwithstanding any provision to the contrary, the Borough of Point Pleasant and the owner of a dog may settle and dispose of the matter at any time in such manner and according to such terms and conditions as may be mutually agreed upon.  Notwithstanding any provision to the contrary, the Borough of Point Pleasant, or any of its employees, or agents shall not have any liability by virtue of entering into a settlement agreement pursuant to this section, or for any action or inaction related to the entry into such agreement, for any injuries or damages caused by the dog.  As a condition of any settlement agreement the Borough of Point Pleasant shall require the owner of such dog to hold the Borough of Point Pleasant harmless for any damages, legal fees or expenses incurred by the Borough in defending against any cause of action brought against the Borough of Point Pleasant, its employees, or agents, notwithstanding the prohibition against such causes of action as set forth by New Jersey Statutes.

(Ord. #715, S 9; Ord. #1995-15, S 6, 7)

 

 

5-11       PENALTIES.

       Any person who shall violate provisions or subsections of this section shall be fined in accordance with the following schedule pertaining to the applicable subsection of this section:

       a.     Violations of any provision of this Chapter shall be punished, by a fine of not less than fifty ($50.00) dollars nor more than one thousand ($1,000.00) dollars.  If any such violation is a continuing one, each day's violation shall be deemed a separate violation.  If any person is found guilty by a court of violating Section 5-6, his permit to own, keep, harbor or have custody of animals shall be deemed automatically revoked and no new permit shall be issued by the Licensing Authority.

       b.     The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this chapter or has been found to have violated an Order of the Municipal Court of the Borough of Point Pleasant, shall be subject to a fine of not more than one thousand ($1,000.00) dollars per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation.

(Ord. #715, S 10; Ord. #91-30, S 1; Ord. #95-13, S 1; Ord. #1995-15, S 8)

 

 

5-12       board of education property.

       a.     No person, whether as owner or an individual having care of or control of, shall bring or permit to be brought, or allow to run loose, any dog on any public school property or in any public school building located within the Borough of Point Pleasant, except as part of a theatrical production, or an activity specifically authorized by the Board of Education, the Superintendent of Schools, the Assistant Superintendent of Schools or any building principal.

       b.     Every public entrance onto school property shall be posted with a sign legibly lettered notifying the public that dogs are prohibited on the property or in the school building and shall further state that violations are subject to fine and punishment by a municipal ordinance. There shall be a minimum of four (4) signs posted at each school property under the ownership or control of the Point Pleasant Borough Board of Education.

       c.     The Superintendent of the School District, or persons designated by him, or any school principal, or persons designated by such school principal, or any other person having control of school property, or a police officer or other public servant engaged in his official duties, or any other citizen, may sign a complaint against any individual for a violation of the provisions of this section.

       d.     Upon the signing of the complaint as provided herein against a person under the age of eighteen (18), the Municipal Court shall subpoena the parent(s) and/or guardian(s) of the person charged to appear at the Municipal Court hearing.

(Ord. #1999-05, S 1)

 

 

Article II  FERAL CAT COLONIES

 

5-13       DEFINITIONS.

       For the purpose of this Article, the following terms shall have the meaning set forth in this Section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, words in the singular number include the plural, and words in the male gender include the female gender.

       Abandoned shall mean that an owner or caregiver has forsaken a domesticated cat entirely, or has neglected or refused to provide care and support to the cat.

       Animal Control Officer shall mean any person employed or appointed by the Borough who is authorized to investigate violations of laws and regulations concerning animals, and to issue citations in accordance with New Jersey law and this Code.

       Animal Rescue Group shall mean a for-profit or not-for-profit entity with at least one of its purposes being the adoption or placement of cats in homes with humans to serve as companion animals.

       Caregiver shall mean any person who provides food, water and/or shelter to or otherwise cares for a cat in a colony sponsored under the Article.

       Domesticated Cat shall mean a cat that is socialized to humans and is appropriate as a companion for humans.

       Ear-Marked shall mean a tagged, notched or tipped left ear as performed by a licensed veterinarian.

       Feral Animal shall mean, for the purposes of this Article, any non-native animal not under the direct control of an owner or any unlicensed non-native animal where a license is required.

       Feral Cat Colony shall mean a group of cats that congregates, more or less, together as a unit which has been sponsored by the Point Pleasant Borough Animal Welfare Committee. Although not every cat in a colony may be feral, any domesticated cats that congregate in a colony shall be deemed to be a part of it until such time when the caregiver places the cat in a proper home.

       Nuisance shall mean disturbing the peace by (a) habitually or continually howling, crying or screaming, or (b) the destruction, desecration or soiling of property against the wishes of the owner of the property.

       Owner shall mean any person, firm, corporation, partnership, association, trust, estate, or any other legal entity.

       Stray Cat shall mean a cat that is off the property of its owner.

       Suitable Shelter shall mean any structure that provides protection from rain, sun, and other elements that protects the health of the cat.

       TNR shall mean Trap, Neuter and Return.

       TNR Program shall mean a program pursuant to which feral cats are trapped, neutered or spayed, vaccinated against rabies and all other routine diseases, as determined by a licensed veterinarian, and returned to an appropriate colony. Any domesticated cat found as a stray shall be placed in an appropriate home if their owner cannot be located.

       Zoonotic Disease shall mean those diseases transmitted to humans from animals, including parasitic, bacterial, fungal and viral diseases.

       (Ord. #15-2009, S 1)

 

 

5-14       RESPONSIBILITIES OF OWNERS OF DOMESTICATED CATS.

 

5-14.1      Adequate Food, Water and Shelter.

       Owners of domesticated cats shall provide appropriate and adequate food, water and shelter for their cats. (Ord. #15-2009, S 2)

 

5-14.2      Nuisance Prohibited.

       The owner of a domesticated cat shall exercise reasonable care to guard against the cat creating a nuisance. (Ord. #15-2009, S 2)

 

5-14.3      Roaming At-Large Prohibited.

       The owner of a cat shall not permit his/her cat to roam unsupervised or off their property. (Ord. #15-2009, S 2)

 

5-14.4      Abandonment Prohibited.

       An owner shall not abandon a domesticated cat. (Ord. #15-2009, S 2)

 

 

5-15       FERAL CAT COLONIES.

 

5-15.1      Colonies Permitted.

       Feral cat colonies shall be permitted and caregivers shall be entitled to maintain them in accordance with the terms and conditions of this Article. (Ord. #15-2009, S 3)

 

5-15.2      Sponsorship of Colony TNR Programs.

       The Point Pleasant Borough Animal Welfare Committee is approved as sponsor. (Ord. #15-2009, S 3)

 

5-15.3      Sponsor Requirements.

       It shall be the duty of the sponsor to:

       a.     Review and approve colony caregivers;

       b.     Help to resolve any complaints over the conduct of a colony caregiver or of cats within a colony;

       c.     Maintain records on the size and location of the colonies as well as the vaccination and spay/neuter records of cats in the sponsor's colonies;

       d.     Report monthly to the Borough Animal Control Officer on the following:

        1.      Number of, caregiver of, and location of colonies in the Borough;

        2.      Total number of cats in each colony;

        3.      Number of cats vaccinated, spayed, or neutered pursuant to this Article; and

        4.      Number of cats placed in permanent homes.

       e.     Avoid the taking of rare, threatened or endangered species under the Endangered and Non-game Species Conservation Act, N.J.S.A. 23:2A-1 et seq.

(Ord. #15-2009, S 3)

 

5-15.4      Feral Cat Caregiver Requirements.

       Caregivers are responsible for the following:

       a.     Registering the feral cat colony with the sponsor.

       b.     Taking steps that result in the vaccination of the colony population as per the requirements of this Article and to update the vaccinations on the colony population;

       c.     Taking steps that result in the spay/neuter of the colony population;

       d.     Providing the sponsor with the descriptions and photo of each cat in the colony and originals of documents evidencing that the cats have been vaccinated and spayed/neutered;

       e.     Providing food, water and, if feasible, shelter for colony cats;

       f.     Observing the colony cats at least twice per week and keeping a record of such visits as well as any illnesses or unusual behavior noticed in any colony cats;

       g.     No colony shall be established without the written approval of the owner of any property, to which the caregiver requires access to provide colony care;

       h.     In the event that kittens are born to a colony cat, the caregiver shall remove the kittens from the colony after they have been weaned, vaccinate and sterilize the cats, and see to the placement of the kittens in homes or foster homes for the purpose of subsequent permanent placement;

       i.      Reporting monthly in writing to the sponsor on the status of the colony, including data on the number and gender of all cats in the colony, the number of cats that died or otherwise ceased being a part of the colony during the year; the number of kittens born to colony cats and their disposition and the number of cats and kittens placed in permanent homes as companion cats; any other information as requested by the sponsor or required by this Article, and

       j.      Obtaining proper medical attention to any colony cat that appears to require it.

(Ord. #15-2009, S 3)

 

5-15.5      Colony Cat Requirements.

       a.     The left ear of a colony cat that has been spayed or neutered and vaccinated shall be eartipped;

       b.     An electronic animal identification device (EAID) shall be inserted into the cat by a veterinarian in accordance with professional medical standards. The sponsor shall be the named contact for purposes of the EAID;

       c.     Cats not found within the borders of the Borough of Point Pleasant shall not be placed in colonies located within the borders of the municipality;

       d.     No colony may be placed on public property without specific permission of the public body governing such properties.

(Ord. #15-2009, S 3)

 

5-15.6      Disposition of Colony Cats.

       a.     An Animal Control Officer who has trapped a cat whose left ear has been tipped or which bears some other distinguishing mark indicating that it belongs to a feral cat colony shall scan the cat for an EAID. If an EAID is found, the officer shall be responsible for contacting the sponsor.

       b.     If the cat does not have an EAID then the Animal Control Officer shall contact the sponsor so the cat can be properly placed. If the cat is obviously a domestic cat the sponsor shall arrange for care for the cat until the owner is located and may determine the disposition of the cat in those circumstances where the domestic cat's owner cannot be located. If the sponsor cannot perform this function, the Animal Control Officer shall take appropriate and humane steps to deal with the cat.

(Ord. #15-2009, S 3)

 

5-15.7      Appointment to the Point Pleasant Borough Animal Welfare Committee.

       Appointment to the Committee shall be made by the Mayor. The term of the appointment shall be for two (2) years, with the first appointments made in 2010 to expire no later than December 31, 2011. The Committee shall be composed of up to but no more than seven (7) members. (Ord. #2010-06)

 

 

5-16       BOROUGH COUNCIL REGULATIONS.

 

5-16.1      Adoption of Regulations.

       The Borough Council shall adopt particular regulations from time to time concerning vaccinations, disease control, and the manner in which the TRN Program is conducted. (Ord. #15-2009, S 4)

 

 

5-17       ARTICLE ENFORCEMENT.

 

5-17.1      Rights of Borough.

       The Borough shall have the following rights:

       a.     The right to seize or remove cats from a colony that have not been vaccinated;

       b.     The right to seize or remove a cat from a colony that is creating a nuisance as defined above and the sponsor has been given thirty (30) days to remove and relocate the cat and have failed to do so;

       c.     The right to seize or remove a colony of cats when the caregiver regularly fails to comply with the requirements of this Article and the sponsor has not been able to obtain a replacement or substitute caregiver within thirty (30) days of the Borough's notice to the sponsor of the caregiver's failure to comply with this Article.

(Ord. #15-2009, S 5)

 

5-17.2      Investigation of Nuisances.

       The requirements of this Article notwithstanding, Animal Control Officers and police officers may investigate any nuisance complaint. (Ord. #15-2009, S 5)

 

 

Article III  SALE OF CATS AND DOGS

 

5-18       PROVISIONS AND REQUIREMENTS CONCERNING THE SALE OF CATS AND DOGS.

 

5-18.1      Definitions Relative to Sales of Cats and Dogs.

       Animal shall mean a cat or dog.

       Breeder shall mean any person, firm, corporation or organization in the business of breeding cats or dogs.

       Broker shall mean any person, firm, corporation or organization who sells a cat or dog to a pet shop, whether or not the broker is also the breeder of the cat or dog.

       Consumer shall mean a person purchasing a cat or dog not for the purpose of resale.

       Director shall mean the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

       Division shall mean the Division of Consumer Affairs in the Department of Law and Public Safety.

       Pet Dealer shall mean any person engaged in the ordinary course of business in the sale of cats or dogs to the public for profit or any person who sells or offers for sale more than five (5) cats or dogs in one year.

       Pet Shop shall mean a pet shop as defined in Section 1 of P.L. 1941, c.151 (C.4:19-15.1).

       Quarantine shall mean to hold in segregation from the general population any cat or dog because of the presence or suspected presence of a contagious or infectious disease.

       Unfit for Purchase shall mean any disease, deformity, injury, physical condition, illness or defect which is congenital or hereditary and severely affects the health of the animal, or which was manifest, capable of diagnosis or likely contracted on or before the sale and delivery of the animal to the consumer. The death of an animal within fourteen (14) days of its delivery to the consumer, except by death by accident or as a result of injuries sustained during that period, shall mean the animal was unfit for purchase.

       USDA shall mean the United States Department of Agriculture.

       USDA License Number shall mean the license number issued to a breeder or broker by the United States Department of Agriculture pursuant to the Federal "Animal Welfare Act," 7 U.S.C. s.2131 et seq., or any rules or regulations adopted pursuant thereto.

       Veterinarian shall mean a veterinarian licensed to practice in the State of New Jersey.

(Ord. #2015-08 S 2)

 

5-18.2      Noncompliance by Pet Shop Considered Deceptive Practice.

       a.     Notwithstanding the provisions of any rule or regulation adopted pursuant to Title 56 of the Revised Statutes as such provisions are applied to pet shops, and without limiting the prosecution of any other practices which may be unlawful pursuant to Title 56 of the Revised Statutes, it shall be a deceptive practice for any owner or operator of a pet shop, or employee thereof, to sell animals within the State without complying with the provisions and requirements of this section and section 3 of P.L.2015, c.7 (C.56:8-95.1).

       b.     Within five (5) days prior to the offering for sale of any animal, the owner or operator of a pet shop or employee thereof, shall have the animal examined by a veterinarian licensed to practice in the State. The name and address of the examining veterinarian, together with the findings made and treatment, if any, ordered as a result of the examination, shall be noted on the animal history and health certificate for each animal as required by regulations adopted pursuant to Title 56 of the Revised Statutes. If fourteen (14) days have passed since the last veterinarian examination of the animal, the owner or operator of the pet shop, or employee thereof, shall have the animal reexamined by a veterinarian licensed to practice in the State as provided for in paragraph g. of this subsection, except as otherwise provided in that paragraph.

       c.     Every pet shop offering animals for sale shall post, in a conspicuous location on the cage or enclosure for each animal in the cage or enclosure, a sign declaring:

        1.      The date and place of birth of each animal, and the actual age, or approximate age as established by a veterinarian of the animal;

        2.      The sex, color markings, and other identifying information of the animal, including any tag, tattoo, collar number or microchip information;

        3.      The name and address of the veterinarian attending to the animal while the animal is in the custody of the pet shop, and the date of the initial examination of the animal;

        4.      The first and last name of the breeder of the animal, the full street address of where the breeder is doing business, an email address, if available, by which to contact the breeder, the breeder's USDA license number, and, if the breeder is required to be licensed in the state in which the breeder is located, the breeder's state license number;

        5.      If the broker is different from the breeder, the first and last name of the broker of the animal, the full street address of where the broker is doing business, an email address, if available, by which to contact the broker, the USDA license number of the broker, and, if the broker is required to be licensed in the state in which the broker is located, the broker's state license number; and

        6.      The statement "Know Your Rights" in bold type face and no less than 12 point type, followed by the statement in no less than 10 point type, "State law requires that every pet shop offering cats or dogs for sale post in a conspicuous location on or near each cat or dog's cage or enclose the USDA inspection reports for the breeder and broker of each cat or dog for the two (2) years prior to the first day that the cat or dog is offered for sale. If you do not see a required inspection report, please request the report from the pet shop. If you have any concerns, please contact the New Jersey Division of Consumer Affairs, 124 Halsey Street, Newark, NJ 07102, (973)504-6200. You may also view these and other USDA inspection reports for the breeder and broker of each cat or dog on the USDA Animal and Plant Health Inspection Service (APHIS) website. You are entitled to receive additional information from APHIS about the breeder's or broker's history through the federal Freedom of Information Act."

        Every pet shop offering animals for sale shall also post, in a conspicuous location on or near the cage or enclosure for each animal in the cage or enclosure, the USDA inspection reports for the breeder and the broker of the animal for the two (2) years prior to the first day that the animal is offered for sale by the pet shop.

        The owner or operator of the pet shop shall regularly update the information required to be posted pursuant to this subsection and make changes as necessary to all signage required by this subsection so that the public has access to the correct information at all times.

       d.     The owner or operator of a pet shop, or employee thereof, shall quarantine any animal diagnosed as suffering from a contagious or infectious disease, illness or condition and may not sell such an animal until such time as a veterinarian licensed to practice in the State treats the animal and determines that such animal is free of clinical signs of infectious disease or that the animal is fit for sale. All animals required to be quarantined pursuant to this subsection shall be placed in a quarantine area, separated from the general animal population of the pet shop.

       e.     The owner or operator of a pet shop, or designated employee thereof, may inoculate and vaccinate animals prior to purchase only upon the order of a veterinarian. No owner or operator of a pet shop, or employee thereof, may represent, directly or indirectly, that the owner or operator of the pet shop, or any employee thereof, other than a veterinarian, is qualified to, directly or indirectly, diagnose, prognose, treat, or administer for, prescribe any treatment for, operate concerning, manipulate or apply any apparatus or appliance for addressing any disease, pain, deformity, defect, injury, wound or physical condition of any animal after purchase of the animal, for the prevention of, or to test for, the presence of any disease, pain, deformity, defect, injury, wound or physical condition in an animal after its purchase. These prohibitions include, but are not limited to, the giving of inoculations or vaccinations after purchase, the diagnosing, prescribing and dispensing of medication to animals and the prescribing of any diet or dietary supplement as treatment for any disease, pain, deformity, defect, injury, wound or physical condition.

       f.     The owner or operator of a pet shop, or an employee thereof, shall have any animal that has been examined more than fourteen (14) days prior to the date of purchase, reexamined by a veterinarian for the purpose of disclosing its condition, within 72 hours of the delivery of the animal to the consumer, unless the consumer has waived the right to the reexamination in writing. The owner or operator of a pet shop, or an employee thereof, shall provide a copy of the written waiver which shall be in the form established by the director by regulation.

       g.     If at any time within 14 days after the sale and delivery of an animal to a consumer, the animal becomes sick or dies and a veterinarian certifies, within the fourteen (14) days after the date of purchase of the animal by the consumer, that the animal is unfit for purchase due to a non-congenital cause or condition, or that the animal died from causes other than an accident, the consumer is entitled to the recourse described in subsection h. of this section.

       If the animal becomes sick or dies within 180 days after the date of purchase and a veterinarian certifies, within the 180 days after the date of purchase of the animal by the consumer, that the animal is unfit for sale due to a congenital or hereditary cause or condition, or a sickness brought on by a congenital or hereditary cause or condition, or died from such a cause or condition or sickness, the consumer shall be entitled to the recourse provided in subsection j. of this section.

       It shall be the responsibility of the consumer to obtain such certification within the required amount of time provided by this subsection, unless the owner or operator of the pet shop, or the employee thereof selling the animal to the consumer, fails to provide the notice required pursuant to paragraph f. of this subsection. If the owner or operator of the pet shop, or the employee thereof, fails to provide the required notice, the consumer shall be entitled to the recourse provided for in paragraph h. of this subsection.

       h.     Only the consumer shall have the sole authority to determine the recourse the consumer wishes to select and accept, provided that the recourse selected is one of the following:

        1.      The right to return the animal and receive a full refund of the purchase price, including sales tax, plus the reimbursement of the veterinary fees, including the cost of the veterinarian certification, incurred prior to the receipt by the consumer of the veterinarian certification;

        2.      The right to retain the animal and to receive reimbursement for veterinary fees incurred prior to the consumer's receipt of the veterinarian certification, plus the future cost of veterinary fees to be incurred in curing or attempting to cure the animal, including the cost of the veterinarian certification;

        3.      The right to return the animal and to receive in exchange an animal of the consumer's choice, of equivalent value, plus reimbursement of veterinary fees, including the cost of the veterinarian certification, incurred prior to the consumer's receipt of the veterinarian certification; or

        4.      In the event of the death of the animal from causes other than an accident, the right to a full refund of the purchase price of the animal, including sales tax, or another animal of the consumer's choice of equivalent value, plus reimbursement of veterinary fees, including the cost of the veterinarian certification, incurred prior to the death of the animal.

        The consumer shall be entitled to be reimbursed an amount for veterinary fees up to and including two (2) times the purchase price, including sales tax, of the sick or dead animal. No reimbursement of veterinary fees shall exceed two times the purchase price, including sales tax, of the sick or dead animal.

       i.      The veterinarian shall provide to the consumer in writing and within the seven (7) days after the consumer consults with the veterinarian any certification that is appropriate pursuant to this section upon the determination that such certification is appropriate. The certification shall include:

        1.      The name of the owner;

        2.      The date or dates of examination;

        3.      The breed, color, sex and age of the animal;

        4.      A statement of the findings of the veterinarian;

        5.      A statement that the veterinarian certifies the animal to be "unfit for purchase";

        6.      An itemized statement of veterinary fees incurred as of the date of certification;

        7.      If the animal may be curable, an estimate of the possible cost to cure, or attempt to cure the animal;

        8.      If the animal has died, a statement establishing the probable cause of death; and

        9.      The name and address of the certifying veterinarian and the date of the certification.

       j.      Upon the presentation of the veterinarian certification required in paragraph i. of this subsection to the pet shop, the consumer shall select the recourse to be provided and the owner or operator of the pet shop, or the employee thereof, shall confirm the selection of recourse in writing. The confirmation of the selection shall be signed by the owner or operator of the pet shop, or an employee thereof, and the consumer and a copy of the signed confirmation shall be given to the consumer and retained by the owner or operator of the pet shop, or employee thereof, on the pet shop premises. The confirmation of the selection shall be in the form established by the director by regulation.

       k.     The owner or operator of the pet shop, or an employee thereof, shall comply with the selection of recourse by the consumer no later than ten (10) days after the receipt of the veterinarian certification and the signed confirmation of selection of recourse form. In the event the owner or operator of the pet shop, or an employee thereof, wishes to contest the selection of recourse of the consumer, the owner or operator of the pet shop, or an employee thereof, shall notify the consumer and the director in writing within five (5) days after the receipt of the veterinarian certification and the signed confirmation of selection of recourse form. After notification to the consumer and the Director of the Division, the owner or operator of the pet shop, or an employee thereof, may require the consumer to produce the animal for examination by a veterinarian chosen by the owner or operator of the pet shop, or employee there, at a mutually convenient time and place, except if the animal has died and was required to be cremated for public health. The Director shall set, upon receipt of such notice of contest on the part of the owner or operator of the pet shop, or an employee thereof, a hearing date and hold a hearing, pursuant to the "Administrative Procedure Act", P.L.1968, c.410 (C.52:14B-1 et seq.) and the Uniform Administrative Procedure Rules adopted pursuant thereto, to determine whether the recourse selected by the consumer should be allowed. The consumer and the owner or operator of the pet shop, or employee thereof, shall be entitled to any appeal of the decision resulting from the hearing as may be provided for under the law, or any rule or regulation adopted pursuant thereto, but upon the exhaustion of such remedies and recourse, the consumer and the owner or operator of the pet shop shall comply with the final decision rendered.

       1.     Any owner or operator of a pet shop, or employee thereof, shall be guilty of a deceptive practice if the owner or operator, or employee thereof, secures or attempts to secure a waiver of any of the provisions of this subsection except as specifically authorized under paragraph g. of this subsection.

       m.    The owner of a pet shop shall be responsible and liable for any recourse or reimbursement due to a consumer because of violations of any provisions of this subsection by the owner or operator of the pet shop, or any employee thereof, or because of any document signed pursuant to this section by the owner or operator of the pet shop, or any employee thereof.

       n.     Any pet shop in the State advertising for sale an animal bred by a USDA licensed breeder through print or electronic means, including those posted on the internet or a website, shall continuously display the name, state of residence, and USDA license number of the breed of the animal in the advertisement so that this information is easily legible to the consumer.

(Ord. #2015-08 S 3)

 

5-18.3      Certain Animals Offered by Breeder, Broker, Prohibited Sale by Pet Shop.

       a.     No pet shop shall sell or offer for sale, or purchase for resale whether or not actually offered for sale by the pet shop, any animal purchased from any breeder or broker who:

        1.      Is not in compliance with the requirements concerning the maintenance and care of the animals and the sanitary operation of kennels, pet shops, shelters and pounds established in rules and regulations adopted pursuant to section 14 of P.L. 1941, c.151 (C.4:19-15.14) at the time of purchase of the animal by the pet shop;

        2.      Is not in possession of a current license issued by the USDA pursuant to 9 C.F.R. s.1.1 et seq.

        3.      Is not in possession of all other licenses required for a breeder or broker by the state in which the breeder or broker is located;

        4.      Has been cited on a USDA inspection report for a direct violation of the federal "Animal Welfare Act", 7 U.S.C. s.2131 et seq., or the corresponding Federal animal welfare regulations at 9 C.F.R. s.1.1 et seq. during the two-year period prior to the purchase of the animal by the pet shop;

        5.      Has been cited on a USDA inspection report during the two-year period prior to the purchase of the animal by the pet shop for three or more indirect violations of the Federal "Animal Welfare Act", 7 U.S.C. s.2131 et seq., or the corresponding Federal animal welfare regulations at sections 2.4, 2.40, 2.50 through 2.55, 2.60, 2.75 through 2.80, 2.130 through 2.132, 3.1 through 3.19, or 3.125 through 3.142 of Title 9 of the Code of Federal Regulations;

        6.      Is cited on the two most recent USDA inspection reports prior to the purchase of the animal by the pet shop for no-access violations pursuant to enforcement of the Federal "Animal Welfare Act", 7 U.S.C. s.2131 et seq., or the corresponding Federal animal welfare regulations at 9 C.F.R. s.1.1 et seq.; or

        7.      Directly or indirectly obtained the animal from a breeder, broker, or other person, firm corporation or organization to whom paragraphs a, 1, 2, 3, 4, 5 or 6 of this subsection applies.

       b.     Nothing in this subsection shall be construed as prohibiting or otherwise preventing a pet shop from:

        1.      Purchasing for resale or adoption, selling, or offering for adoption, an animal purchased or otherwise obtained from -

        (a)      A publicly operated animal control facility;

        (b)      An animal rescue organization or pound as defined in section 1 of P.L. 1941, c.151 (C.4:19-15.1);

        (c)      A shelter as defined in section 1 of P.L. 1941, c.151 (C.4:19-15.1) whose primary mission and practice is the placement of abandoned, unwanted, neglected, or abused animals and that is also a tax exempt organization under paragraph (3) of subsection (c) of section 501 of the Federal Internal Revenue Code (26 U.S.C. s.501), or any subsequent corresponding sections of the Federal Internal Revenue Code, as from time to time amended; or

        2.      Transferring adopted animals to or from any entity enumerated in paragraph b,1 of this subsection or to or from any pet shop.

       c.     Every pet shop shall submit, annually and no later than May 1 of each year, a report to the municipality in which it is located and licensed, providing:

        1.      The name, full street address, email address, if available, and USDA license number of:

        (a)      Any breeder from which the pet shop purchased an animal, whether or not the pet shop offered the animal for sale;

        (b)      Any breeder that bred an animal that the pet shop purchased from a broker, whether or not the pet shop offered the animal for sale; and

        (c)      Any broker from which the pet shop purchased an animal, whether or not the pet shop offered the animal for sale;

        2.      If a breeder whose identity the pet shop is required to report pursuant to paragraph c,1(a) or (b) of this subsection is required to be licensed in the state in which the breeder is located, the breeder's state license number;

        3.      If a broker whose identity the pet shop is required to report pursuant to paragraph c,1(c) of this subsection is different from any breeder whose identity the pet shop is required to report pursuant to paragraph c,1(a) or (b) of this subsection, and the broker is required to be licensed in the state in which the broker is located, the broker's state license number; and

        4.      The total number of animals for each breeder and broker for which the pet shop has reporting requirements pursuant to paragraphs c,1(a),(b) and (c) of this subsection.

(Ord. #2015-08 S 4)

 

5-18.4      Violations, Penalties.

       Any person who violates subsection c. of section 4 of P.L. 1999, c.336 (C.56:8-95) or section 3 of P.L. 2015, c.7 (C.56:8-95.1), and any owner or operator who fails to provide information or provides false information pursuant to the requirements of subsection f. of section 4 of P.L. 1999, c.336 (C.56:8-95), shall be subject to a fine of $500.00 for each violation, to be collected by the division in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999", c.274 (C.2A :58-10 et seq.). (Ord. #2015-08 S 5)

 

 

CHAPTER V ANIMAL CONTROL
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