Emerson, New Jersey

§ 140-1 Definitions.

The following terms, wherever used or referred to in this article, shall have the following respective meanings, unless a different meaning clearly appears from the context:

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KENNEL

The conducting of the business of harboring, raising or otherwise dealing in and with dogs, and any person harboring more than five dogs shall be presumed to conduct a kennel.

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PUPPY MILL

A commercial dog-breeding facility in which the health of the dogs is disregarded in order to maintain a low overhead and maximize profits.

§ 140-2 Licenses required.

A. It shall not be lawful for any person within the limits of the Borough of Emerson to own, keep or harbor any dog or dogs without having the same registered or licensed in the manner hereinafter provided.

B. It shall not be lawful for any person to maintain a dog kennel without obtaining a license as hereinafter provided.

§ 140-7 Application for kennel license.

A. License. Any person desiring to obtain a license to conduct a dog kennel shall apply to the office of the Clerk of the Borough of Emerson for a license entitling him to keep or operate such establishment.

B. Application. The application for a kennel shall set forth the name of the owner of the proposed kennel and the location where the same is to be conducted within the limits of the Borough of Emerson; include an agreement that all dogs kept in said establishment by permission of said kennel license will, at all times, be kept upon the premises for which said license has been issued; include the number of dogs which the owner intends to keep at said dog kennel, which number shall not, at any time, be exceeded; and shall be accompanied by the written approval of the Animal Control Officer of the Borough showing compliance with the local and state rules and regulations governing the location of any sanitation at such establishment.

C. Content of license; expiration. All licenses for a kennel shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of the following year.

D. Issuance or denial of kennel license. When such application to conduct a dog kennel has been properly executed and delivered to the Clerk, the Clerk shall present the same to the Borough Council and, after the Borough Council has considered the same and considered the place where said kennel is to be located and the number of dogs which are to be maintained therein, the Council may grant said license, or, if the public interest demands, the Borough Council may refuse to grant the same.

§ 140-8 Prohibited actions.

No kennel shall sell, offer for retail sale, barter, auction, or otherwise, dogs bred in puppy mills. Every kennel will comply with the provisions of N.J.S.A. 56:8-95 (or as same may be amended) requiring the owner or operator offering dogs for sale to post in a conspicuous location on the cage or enclosure for each dog the following:

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

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

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

D. 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;

E. 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

F. The statement “know your rights” in bold type face and no less than twelve-point type, followed by the statement in no less than ten-point type, “state law requires that every shop offering dogs for sale post in a conspicuous location on or near each dog’s cage or enclosure the USDA inspection reports for the breeder and broker of each dog for the two years prior to the first day that the dog is offered for sale. If you do not see a required inspection report, please request the report from the shop. If you have any concerns, please contact the New Jersey Division of Consumer Affairs, 124 Halsey St., Newark, NJ 07102, (973) 504-6200. You may also view these and other USDA inspection reports for the breeder and broker of each 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.”

§ 140-9 License fees; renewals.

A. License fees.

(1) The annual fee for registering each dog shall be the sum of $10. This total shall include the following:

(a) License fee: $8.80.

(b) State of New Jersey Department of Health as per P.L. 1983, c. 181: $0.20.

(c) State registration: $1.

(2) Effective January 1, 2011, the municipal dog license official shall collect $13 for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization in accordance with P.L. 1983, c. 172.^[2] Of this sum, $3 shall be designated for the Animal Population Control Fund. Rules and regulations necessary to carry out the provision of this subsection are to be in accordance with those promulgated by the State of New Jersey, Community Health Services, Consumer Health Services.

§ 140-26 License and vaccination required.

A. No person shall own, keep or harbor any cat over four months of age within the Borough of Emerson unless such cat has been licensed and vaccinated against rabies by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization published by the National Association of State and Public Veterinarians.

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E. Issuance; renewal.

(1) A license shall be issued after payment of a fee of $10 for an altered cat or $13 for a nonaltered cat.