Somerdale, New Jersey

§ 117-2 Definitions.

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

[…]

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.

[…]

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.

§ 117-15 Licensing of dogs; tags; exemptions.

A. Any person residing in the Borough of Somerdale who shall own, keep or harbor a dog of licensing age shall annually apply for and procure from the Clerk of the Borough of Somerdale, or other official designated by the governing body thereof to license dogs, a license and official metal registration tag for each such dog so owned, kept or harbored by March 31 of each year. The owner shall provide his or her name and address and shall give the name, breed and sex of each and every dog owned or kept by said person. Any such person shall place upon each such dog a collar or harness with the registration tag securely fastened thereto. Any such dog must wear the registration tag any time the dog is not upon its owner’s property. Upon proof by affidavit of the loss of a certificate or metal tag, the Borough of Somerdale Clerk shall issue a new certificate or tag upon payment of a fee as set forth by ordinance in the Annual Fee Schedule.

§ 117-17 Fees.

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

[…]

(2) For each neutered and unneutered dog licensed, the municipality shall forward $1.20 to the State of New Jersey pursuant to N.J.S.A. 4:19-15.

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

§ 117-26 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 Clerk of the Borough of Somerdale (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 the Borough of Somerdale 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.

D. Such licenses shall not be transferable to another owner or different premises.

E. The license for a kennel, pet shop, shelter or pound shall be subject to review by the Borough of Somerdale, 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. The Borough of Somerdale, 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 the 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 the Borough of Somerdale shall submit to the Borough of Somerdale 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 the Borough of Somerdale shall provide this information to the local health authority.

§ 117-28 Dogs off the premises of kennels, pet shops, shelters or pounds.

No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on a leash or in a crate or other safe control.

§ 117-30 Revocation or denial of licenses.

The Borough of Somerdale 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;

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

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

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

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

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.

§ 117-31 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 the Borough of Somerdale. Such breeding permit is required in addition to any license, registration or permit required by federal, state or Borough of Somerdale law.

B. The Borough of Somerdale 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 as set forth by ordinance annually in the Borough of Somerdale Fee Schedule.

D. Breeding permits shall be valid for 12 months, renewable on an annual basis.

E. 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 he/she advertises. 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. The Borough of Somerdale 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.

§ 117-32 Application for breeding permit; investigation.

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 the 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. The Borough of Somerdale 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 he/she 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 Borough of Somerdale zoning regulations.

B. The Borough of Somerdale 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.

§ 117-33 Breeding permit conditions; fee.

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 and 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 the Borough of Somerdale or the Department of Health and Senior Services or the State of New Jersey determines are 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.

§ 117-34 Inspections relating to a breeding permit.

A. The Borough of Somerdale 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 of Somerdale 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 ensure 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 nonanonymous compliant.

§ 117-35 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 of Somerdale 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 § 117-32 cannot be made or that any of the grounds for revocation described by § 117-36 of this article exist.

§ 117-36 Revocation of breeding permit; appeals.

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 article;

(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 thereof to be transmitted by mail to the address of the permittee. Said notice shall specify the grounds for modification or revocation of the permit.

C. The permittee may appeal the decision to the Court of the County of Camden.

§ 117-49 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.

§ 117-51 “Adoption fee” option for unaltered animals impounded for being at large.

In lieu of paying the fees associated with impound [itemized above in § 117-50B(1) through (4)], 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 and applicable vaccines. A dog adoption fee also includes a heartworm test.

A. 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 § 117-50B(5) and (6).

B. 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.