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Codes & Documents » Ordinances » Ordinance No. 21-14

Ordinance No. 21-14

Introduced: July 31, 2014
Public Hearing: September 4, 2014
Status: Adopted

An ordinance amending and supplementing Sections 8-1 and 8-10 of Chapter 8, Animals, of the revised ordinances of the Township of Randolph to ban the retail sale of dogs and cats

WHEREAS, according to the Humane Society of the United States (“HSUS”) inspection records show that many USDA-licensed breeders breed dogs or cats in inhumane conditions. These breeders are commonly referred to as “puppy mills” and “kitten factories” and documented problems include: over breeding; inbreeding; veterinary care that doesn’t meet the same standards as other breeders; relatively poor quality of food and shelter; lack of human socialization; and overcrowded cages; and

WHEREAS, according to the American Society for the Prevention of Cruelty to Animals (“ASPCA”), fearful behavior and lack of socialization with humans and other animals are common characteristics of dogs from puppy mills and kitten from kitten factories; and

WHEREAS, N.J.S.A. 4:19-15.8 contemplates municipal approval as a prerequisite to the establishment of pet shops for the retail sale of dogs and cats; and

WHEREAS, the Township Council of the Township of Randolph finds that, in addition to State and Federal laws, the Township of Randolph has a local responsibility to promote animal welfare and encourage best practices in the breeding and purchasing of dogs and cats; and

WHEREAS, although the Township Council recognizes that not all dogs and cats retailed in pet shops are products of inhumane breeding conditions and would not classify every commercial breeder selling dogs and cats to pet shops as a “puppy mill” or “kitten factory”, it is the Township Council’s belief that puppy mills and kitten factories continue to exist in part because of public demand for the sale of dogs and cats in pet shops; and

WHEREAS, the Township Council finds that the retail sale of dogs and cats in pet shops in the Township of Randolph is inconsistent with the Township’s goal to be a community that cares about animal welfare; and

WHEREAS, the Township Council believes that a ban on the retail sale of dogs and cats in pet shops in the Township of Randolph will encourage pet owners and prospective pet owners to adopt needy dogs and cats from animal shelters, thereby saving animals’ lives and reducing the cost to the public for sheltering such animals; and

WHEREAS, the Township Council believes that a ban on the retail sale of dogs and cats in pet shops will provide community awareness of animal welfare, and, in turn, will encourage a more humane environment in the Township of Randolph and will be in the best interests of the public health, welfare and safety and be in the best interests of the dogs and cats of the Township of Randolph.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION ONE. The definition of Pet shop set forth in Section 8-1, Definitions, of Chapter 8, Animals, of the Revised Ordinances of the Township of Randolph is hereby deleted in its entirety and replaced by the following:

Pet shop means a retail establishment open to the public and engaging in the business of selling dogs or cats, or both, at retail. Any person who sells, exchanges, or otherwise transfers only dogs, cats or other animals that were bred and reared on the premises owned by the person shall be considered a breeder and not a pet store.

SECTION TWO. Section 8-1, “Definitions”, of Chapter 8, Animals, of the Revised Ordinances of the Township of Randolph is hereby amended and supplemented by the addition of the following:

Kennel operator means a person who owns or operates a kennel, or both.

Legally existing nonconforming use means any pet shop, pet shop operator, kennel or kennel operator that displayed, sold, offered for sale, bred or otherwise disposed of dogs or cats, or both, in the Township of Randolph prior to the effective date of this ordinance. Legally existing nonconforming use does not include any pet shop, pet shop operator, kennel or kennel operator whose license issued in accordance with section 8-10 is revoked after the effective date of this ordinance.

Pet shop operator means a person who owns or operates a pet shop, or both.

SECTION THREE. Section 8-10, “Kennels, pet shops and other animal establishments - Licensing generally; exemption from requirement for individual animal licenses,” of Chapter 8, Animals, of the Revised Ordinances of the Township of Randolph is hereby deleted in its entirety and replaced by the following:

  1. License required; contents; term; transfer. As set forth in N.J.S.A. 4:19-15.8, any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply annually to the health department for a license entitling the person to keep or operate such establishment. All licenses issued for such establishments shall state the purpose for which the establishment is maintained, shall expire on June 30 of each year, and not be transferable to another owner or different premises.
  2. Approval by council. Prior to the issuance of licenses for the creation of new establishments, the approval of the council shall be obtained.
  3. Prohibition. No pet shop, pet shop operator, kennel or kennel operator shall sell, offer for sale, barter, auction, breed or otherwise improperly dispose of dogs or cats, or both, in the Township of Randolph. This section shall not apply to legally existing nonconforming uses and nothing contained herein shall prohibit a shelter, pound or other non-profit establishment from keeping, displaying, offering for adoption, selling or otherwise transferring any dog or cat that has been seized, rescued or donated.
  4. Exemption from requirement for licensing of individual animals. Any person holding such license shall not be required to secure individual licenses for animals owned by such licensee and kept at such establishment.
  5. Applicability of zoning regulations. Zoning ordinance provisions relating to kennels shall supersede and have priority over the provisions of this section relating thereto.
  6. Maximum number of licenses. The number of kennel licenses issued and outstanding at the same time in the township shall not exceed five. This provision shall not affect renewal of existing licenses.
  7. All kennels, pet shops, shelters and pounds shall be inspected as per state regulations covering animal facility operations, N.J.A.C. 8:23A-1.1 et seq. The health department shall post the inspection report, with the appropriate corresponding placard in a conspicuous location within the facility after inspection.
  8. The owners/operators of any pet shop offering for sale any reptiles (including, but not limited to: iguanas, snakes and/or lizards), shall issue to purchasers of reptiles, a “health alert for reptiles” warning notice, as provided by the New Jersey State Department of Health on the possible spread of salmonella as a result of handling reptiles. In addition, the owner/operator will also maintain a file with the purchaser’s personal information (name, address and telephone number) and signature acknowledging receipt and comprehension of the warning notice.
  9. The owner/operators of any pet shop, offering for sale any other animal which is at any time found by the New Jersey State Department of Health to pose a health threat, must notice the purchaser in writing of such health threat with a copy of the notice to the local health department.
  10. In addition to the state pet shop, kennel licensing fee, there will be a local inspection fee based on the square footage of the premises being inspected. Square footage shall include the entire area utilized by the pet shop and/or kennels both indoors and outdoors. These fees are set forth in Appendix A-Fee Schedule.
  11. A reinspection fee necessitated by a conditional or unsatisfactory rating given at an initial inspection shall be in the amount of the original license fee, as established in Appendix A-Fee Schedule.

SECTION FOUR. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION FIVE. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

SECTION SIX. This Ordinance shall take effect as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
James Loveys, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 21-14

Notice is hereby given that an Ordinance entitled “An Ordinance Amending And Supplementing Sections 8-1 And 8-10 Of Chapter 8, Animals, Of The Revised Ordinances Of The Township Of Randolph To Ban The Retail Sale Of Dogs And Cats” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on July 31, 2014 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on September 4, 2014 at 7 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to amend and supplement Sections 8-1 and 8-10 of Chapter 8, Animals, of the Revised Ordinance of the Township of Randolph to ban the retail sale of dogs and cats.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey

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