Hawthorne, New Jersey

§ 136-1 Definitions.

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

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KENNEL

Any establishment wherein and whereupon the business of boarding or selling or breeding dogs for sale is carried on, except a pet shop.

§ 136-6 Licensing of kennels, pet shops, shelters and pounds.

A. Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or a pound shall apply to the Board of Health of the Borough of Hawthorne for a license entitling him to keep or operate such establishment. Such 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 the written approval of the Board of Health of the Borough of Hawthorne showing compliance with the local and state rules and regulations governing the location and sanitation at such establishment.

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 the Borough of Hawthorne on recommendation of the State Department of Health and Senior Services or the Board of Health of the Borough of Hawthorne for failure to comply with the rules and regulations of the State Department or the Municipal Council of the Borough of Hawthorne, after the owner has been afforded a hearing by either the State Department or the Borough of Hawthorne.

C. The holder of a license for a kennel, pet shop, shelter or pound shall not be required to secure individual licenses for dogs owned by the licensee and kept at such establishment. The license for such establishment shall not be transferable to another owner or different premises.

D. The license issued to a pet shop shall be subject to review by the municipality, upon recommendation by the State Department of Health and Senior Services or the Hawthorne Board of Health, for failure by the pet shop to comply with rules and regulations promulgated by the State Department or Board of Health governing pet shops or if the pet shop meets the criteria for suspension or revocation as provided in N.J.S.A. 56:8-96, after the owner of the pet shop has been afforded a hearing pursuant to said statute. The Borough of Hawthorne, based upon the criteria for the recommendation of the local health authority provided as aforesaid, may suspend the license for 90 days or may revoke the license if it is determined at the hearing that the pet shop:

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

E. Every pet shop licensed hereunder shall submit annually by May 1 of each year records of the total number of cats and dogs, respectively, sold each year to the Board of Health of the Borough of Hawthorne.

F. The annual license fee for a kennel providing accommodation for 10 or less dogs or for more than 10 dogs shall be as provided in Chapter 220, Fees. The annual license fee for a pet shop shall be as provided in Chapter 220, Fees. No fee shall be charged for a shelter or pound.

G. Every kennel, pet shop, shelter or pound shall abide by all rules and regulations promulgated by the State of New Jersey, Department of Health and Senior Services, as well as any rules and regulations promulgated by the Board of Health of the Borough of Hawthorne.