Brooklawn, New Jersey

§ 56-1 Definitions.

As used in this article, the following terms shall have the meanings as indicated:

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BREEDER

Any person who causes or allows the breeding of a male or female dog or cat. “Breeder” shall not apply to a person who owns an unneutered female cat or dog that has borne one litter since the enactment of this article if that cat or dog is spayed subsequent to the birth of that litter so as to prevent further litters.

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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.

§ 56-14 Licensing of dogs and cats; lost tag or registration certificate.

A. Any person residing in Brooklawn who shall own, keep or harbor a dog or cat of licensing age shall annually apply for and procure from the Borough Clerk or other official designated by the Borough Council thereof to license dogs and cats, a license and official metal registration tag for each such dog or cat so owned, kept or harbored. Any such person shall place upon each such dog or cat a collar or harness with the registration tag securely fastened thereto. Any such dog or cat must wear the registration tag any time the dog or cat is not upon its owner’s property. Upon proof by affidavit of the loss of a certificate or metal tag, the Borough Clerk shall issue a new certificate or tag upon payment of a fee of $20.

§ 56-16 Fees; expiration date of license and registration.

The owner applying for the license and registration tag shall pay the following fees:

A. A license fee of $17 for a neutered dog or cat, and a license fee of $20 for an unneutered dog or cat.

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C. For each unneutered dog licensed, the municipality shall collect and forward an additional $3 to the State of New Jersey for deposit in the Animal Population Control Fund pursuant to N.J.5.A. 4:19-15.3b.

§ 56-25 License for kennel, pet shop, shelter or pound.

A. Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Borough Clerk (or other official designated to license dogs) where such establishment is located, for a license entitling him to keep or operate such establishment. The application shall describe the premises where the establishment is located or is proposed to be located and the purpose or purposes for which it is to be maintained, and shall be accompanied by documentation from the local municipal and health authorities showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.

B. All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of each year, and be subject to revocation by Brooklawn on recommendation of the State Department of Health and Senior Services or the local Board of Health for failure to comply with the rules and regulations of the State Department or local Board governing the same, after the owner has been afforded a hearing by either the State Department or local Board, except as provided by state law.

C. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments. Such licenses shall not be transferable to another owner or different premises.

D. The license for a kennel, pet shop, shelter or pound shall be subject to review by Brooklawn, upon recommendation by the State Department of Health and Senior Services or the local health authority for failure by the kennel, pet shop, shelter or pound to comply with the rules and regulations of the State Department or local health authority governing kennels, pet shops, shelters or pounds, or if the kennel, pet shop, shelter or pound meets the criteria for recommended suspension or revocation as provided by state law.

E. Brooklawn, based on the criteria for the recommendation of the local health authority provided by state law, may suspend the license for 90 days or may revoke the license if it is determined at a hearing that the pet shop, kennel, shelter or pound:

(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 kennel or pet shop knew, or reasonably should have known, to be unfit for purchase.

F. The owner of a kennel, pet shop, shelter or pound must submit to a yearly inspection by a municipal animal control officer, municipal health officer and/or code enforcement officer. In the event of a complaint or problem, inspection may occur every 30 days until the problem is resolved. The municipality may inspect daily or weekly if deemed necessary to protect the health and welfare of the animals or humans, or in accordance with any judicial ruling if court proceedings are initiated.

G. Every kennel or pet shop licensed by Brooklawn shall submit 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 or kennel each year, and Brooklawn shall provide this information to the local health authority.

§ 56-26 License fees for kennels and pet shops; no fee for shelter or pound.

The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $100 and for more than 10 dogs $150. The annual license fee for a pet shop shall be $50. No license fee shall be charged for a shelter or pound. Additional permit and fees shall be required for facilities that breed cats or dogs as described in this article.

§ 56-29 Revocation or denial of license for individual dog, individual cat or kennel.

Brooklawn may deny a license to, or revoke a license from, any person found violating or refusing to comply with any part of the provisions of this article, including, but not limited to:

A. Violating any animal control laws or regulations, any zoning or health and safety laws or any regulations relating to the keeping of animals; or

B. Failing to keep and maintain in a clean and sanitary condition the premises on which the animals are kept; or

C. Acting in an inhumane or cruel manner in the treatment of the animals; or

D. Failing to provide any animal with sufficient food, sufficient water, proper shelter or veterinary care; or

E. Failing to substantially comply with all conditions of the license; or

F. Providing false information in the license application or failing to cooperate with inspection of the premises required by this article; or

G. Failing to obtain a breeding permit for breeding cats or dogs as described in this article.

§ 56-30 Breeding permits; administration.

A. Upon the enactment of this article, no person who owns, keeps or harbors an unneutered dog or cat shall cause or allow the production of more than one litter of puppies or kittens by any male or female dog or cat without first obtaining a breeding permit issued by Brooklawn. Such breeding permit is required in addition to any license, registration or permit required under federal or state law, or Borough ordinance.

B. Brooklawn shall administer a permit program to allow breeding of cats and dogs consistent with the criteria and according to the procedures contained in this article.

C. Each applicant who is issued a permit to breed cats or dogs under this section shall pay a breeding permit fee of $50 per year for owning, keeping or harboring one unneutered female that has already borne one litter since the enactment of this article and/or one unneutered male and one unneutered female. For applicants owning, keeping or harboring four or more dogs or cats, the fee shall be $100 per year.

D. Breeding permits shall be valid for 12 months, renewable on an annual basis. All breeding permits shall contain the following terms and conditions and be subject to the following requirements:

(1) No offspring may be sold or adopted and permanently placed until reaching an age of at least eight weeks.

(2) No offspring may be sold or adopted until immunized against common diseases (feline pan leukopenia, rhinotrachitis, calicivirus for cats; canine distemper, adenovirus type 2, parvovirus, Para influenza for dogs), or until they have begun a course of disease prevention under the direction of a State of New Jersey-licensed veterinarian.

(3) Any permit holder advertising to the public the availability of any animal for adoption or sale must prominently display the permit number in any publications in which they advertise. Further, the permit number must be provided to any person adopting or purchasing an animal bred by the permit holder.

(4) The breeding permit holder shall adhere to minimum standards regarding the care and keeping of animals developed and approved by the State of New Jersey and this article.

(5) The permit holder shall submit to a yearly inspection by an animal control officer, municipal health officer and/or code enforcement officer. In the event of a complaint or problem, inspection may occur every 30 days until the problem is resolved. Brooklawn may inspect daily or weekly if deemed necessary to protect the health and welfare of the animals or humans, or in accordance with any judicial ruling if court proceedings are initiated.

(6) If, within one year of placement, a new owner becomes unable or unwilling to continue ownership and responsibility for an animal which is the offspring of a cat or dog of the permit holder, the permit holder shall assist in placement of the animal. If no suitable placement can be found within 30 days, the permit holder shall accept return of the animal and shall become fully responsible for its care.

§ 56-31 Application for and issuance of breeding permit.

The application shall include the name of the applicant, his or her residence address and telephone number, the address of the proposed location where the animals are to be kept if different from applicant’s address, and a description of the housing facilities for the keeping of the animals. The application shall also state the number of unneutered dogs and/or cats to be kept. Brooklawn may require the applicant to provide any other information it reasonably deems necessary to properly evaluate the application.

A. An application for a breeding permit shall include a signed statement from the applicant attesting that:

(1) Keeping of the animals at the proposed location will not violate any federal, state or local law;

(2) Appropriate facilities of sufficient size exist at the proposed location to safely and adequately secure, feed, house, exercise and maintain the animals;

(3) The proposed location consists of a lot or lots of sufficient size to safely and adequately house, maintain and exercise the animals without disturbance to adjacent property owners or the public;

(4) Possession and maintenance of the animals at the proposed location will not result in the animals being subject to neglect, cruelty, or abuse;

(5) The applicant has neither had any animal license or permit revoked, nor has been convicted of any violation of any provision of this article or any other state or local law pertaining to the maintenance and treatment of animals, within the past five years;

(6) The keeping and maintenance of the animal will not create a public or private nuisance or endanger the public health, safety or welfare; and

(7) The keeping of the animals at the proposed location complies with all Brooklawn zoning regulations.

B. Brooklawn may investigate or require any further information or documentation which would assist in determining whether the statements made by the applicant are correct and whether the permit should be issued.

§ 56-32 Breeding permit conditions.

A. Any permit issued under this article shall be made expressly subject to the following conditions:

(1) The permit holder shall provide veterinary care as needed and make every effort to keep all animals free of disease and parasites;

(2) The permit holder shall keep the animals’ living quarters clean and sanitary, shall provide sufficient food, sufficient water, appropriate exercise and proper shelter;

(3) Any structures housing animals shall be of a sufficient size to ensure the health, safety and comfort of the animals as per New Jersey law and shall be placed at least six feet from any property boundaries in residential areas;

(4) Any other conditions which Brooklawn or the Department of Health and Senior Services or the State of New Jersey determines is reasonably necessary to protect the welfare of the animals kept or the public, health, safety or welfare.

B. The breeding permit fee established under this article shall be paid by the applicant prior to issuance of the permit. Such fee shall be paid each time a permit is issued or renewed.

§ 56-33 Inspections relating to a breeding permit.

A. The Borough, or an animal control officer or law enforcement officer, may require any breeding permit holder to produce for inspection any required animal license, permit or certificate of vaccination.

B. The Borough, or an animal control officer or law enforcement officer, may, with 48 hours’ notice to the permit holder, conduct such inspections of the premises upon which animals are kept under a breeding permit, as necessary to insure compliance with the conditions of the permit.

C. Such inspection of the premises shall be on a yearly basis and/or may result from concerns stemming from the direct observations of an animal control officer, law enforcement officer or upon a non-anonymous compliant.

§ 56-34 Expiration and renewal of breeding permits.

A. Breeding permits issued under this article shall expire one year after issuance.

B. Breeding permits may be renewed on an annual basis upon filing of a new application containing updated information and payment of the annual breeding permit fee established by this article.

C. No breeding permit shall be renewed if the Borough, or an animal control officer or law enforcement officer, has received two or more substantiated complaints concerning the location or manner of keeping of the animals or determines that the findings set forth in § 56-33, cannot be made or that any of the grounds for revocation described in this article exist.

§ 56-35 Revocation of breeding permit.

A. Any breeding permit issued pursuant to this article may be revoked if an animal control officer or law enforcement officer has reasonable cause to believe any of the following to be true:

(1) The permittee has violated any ordinances or statutes relating to the keeping, care or use of any animal including, but not limited to, those contained in this article and those contained in the statutes of the State of New Jersey;

(2) The permittee is in violation of any state health or safety law or regulation regarding animal care or control;

(3) The permittee has failed to comply with any condition or requirement of the permit or has failed to pay any fee imposed under this code;

(4) The permittee refused to allow inspection, upon 48 hours’ written notice, of any animal covered by the permit or the premises on which the animal is kept;

(5) The permittee has transferred, sold or otherwise disposed of the animal for which the permit was issued;

(6) The permittee has acted in an inhumane or cruel manner in the treatment of animals; or

(7) The permittee provided false information in the license application.

B. If, after inspection, an animal control officer or law enforcement officer concludes that one or more of the above grounds for revocation has occurred, the officer may modify the terms of the permit or revoke the permit. The officer shall cause written notice thereafter be transmitted by mail to the address of the permittee. Said notice shall specify the grounds for modification or revocation of the permit.

§ 56-36 Sale or adoption of cats or dogs or wolf hybrids.

A. Any person who provides or offers to the public, whether or not for compensation, any cat or dog or wolf hybrid shall provide to their clients, free of charge, information, relating to pet care and ownership, including information where applicable, on Borough ordinances pertaining to animal control. This required information will be prepared and provided by the Borough upon request.

B. Any person offering cats, dogs, or wolf hybrids for sale or adoption shall disclose to any purchaser information regarding the licensing, registration or permit requirements of the Borough applicable to such animal.

C. No person shall offer for sale or adoption any cat, dog, or wolf hybrid on any public street, sidewalk or public park unless such person first obtains a business license to sell pets or is a recognized pet rescue/adoption agency.

D. Prior to release for adoption, any animal adopted from any shelter, animal rescue organization or pound shall be spayed or neutered unless the shelter or pound obtains a certificate from a licensed veterinarian certifying as to the health reasons for failing to alter such animal.

§ 56-48 Sterilization of animals being adopted.

A. An animal adopted, transferred or given away from any animal control facility, animal shelter or rescue organization or private individual in Camden County seeking to adopt, transfer, exchange, foster, give away or otherwise find a home for homeless or unwanted animals, shall be sterilized by a veterinarian prior to the adoption. The animal shelter or rescue organization may require the new pet owner to pay for the cost of sterilization.

B. This requirement shall not apply when a veterinarian determines that sterilization would endanger the animal’s health due to its age, infirmity, disability or illness. In such case, the owner or adopter shall sign a written agreement that sterilization shall be performed as soon as health permits, or the veterinarian shall provide a written statement indicating that sterilization is not advised due to age or other concerns.

§ 56-50 “Adoption fee” option for unaltered cats and dogs impounded for being at large.

A. In lieu of paying the fees associated with impound [itemized above in Subsection B(1) through (4) in § 56-49, Redemption by owner; owner to bear expenses,], an owner or caregiver reclaiming an unaltered cat or dog that was impounded for being at large can choose to pay the equivalent of the municipality’s or pound’s adoption fee for dogs or cats. The adoption fee includes spaying/neutering, microchip, applicable vaccines, and a heartworm test.

(1) If the owner or caregiver chooses to pay the equivalent of the adoption fee, the owner or caregiver is still responsible for paying the fees itemized above in Subsection B(5) and (6) in § 56-49, Redemption by owner; owner to bear expenses.

(2) If an owner or caregiver chooses to reclaim his/her unaltered cat or dog, and if that animal is picked up for being at large three times in a calendar year, the animal is declared a public nuisance and neutering, at the owner’s expense, becomes mandatory.