In Borough of Magnolia, New Jersey, any person desiring to operate a pet shop or kennel must obtain a license and must operate the establishment within the borough's business district. Thus, this ordinance contains provisions on applying for, renewing, and revoking a license. This ordinance also establishes animal care standards for pet shops and kennels, as well as requires that all dogs kept or maintained within these establishments wear a tag. Additionally, this ordinance also prohibits dogs kept in a kennel or a pet shop from going off the site’s premises except under certain circumstances. Anyone convicted of violating these provisions may be subject to a fine not exceeding $1,000, a term of imprisonment not exceeding 90 days, a period of community service not exceeding 90 days, or any combination thereof.
6.95-1. - Restricted location.
6.95-2 . - License application.
6.95-3. - Issuance of license.
6.95-4. - Size of kennel and pet shop.
6.95-5. - Expiration of license; annual fees.
6.95-6. - Tag.
6.95-7. - Treatment of animals.
6.95-8. - Misstatement of fact in application.
6.95-9. - Definitions.
6.95-10 . - Violations and penalties.
6.95-1. - Restricted location.
It shall hereafter be unlawful for any person to operate or maintain a dog kennel or pet shop within the limits of the Borough of Magnolia, except in a business district.
6.95-2. - License application.
Any person desiring to operate a dog kennel or pet shop in the business district shall make written application to the borough clerk for a dog kennel or pet shop license. The application shall describe the premises sought to be licensed and the purpose for which it is to be maintained and shall give the name of the owner thereof and the approximate number of dogs maintained or to be maintained thereon, which such application shall be accompanied by a fee hereinafter prescribed. It shall also be accompanied by the written approval of the Magnolia Board of Health and show compliance with local and state regulations governing location and sanitation of such establishments. Said application shall also contain a clause to the effect that if a license is granted, the applicant agrees that he or she shall be bound by all ordinances of the borough and board of health of said borough as well as all rules and regulations of the State of New Jersey, and that upon violation of such rules and regulations or ordinances, such license may be revoked after a hearing and the license subject to all of the penalties prescribed by this article.
6.95-3. - Issuance of license.
Upon receipt of such application and the requisite fee, the borough clerk shall thereupon issue a license which shall be plainly marked kennel and pet shop license and shall set forth those matters contained in the application.
6.95-4. - Size of kennel and pet shop.
A. Every person who shall own, maintain, deal in, board, train, raise or care for three or more dogs for breeding, show, sporting or any other purpose other than sale, purchase or rent, within the limits of the Borough of Magnolia, shall be deemed for the purpose of this article to be operating and maintaining a dog kennel.
B. Every person who shall own, maintain, deal in, board, train or raise three or more dogs for purchase, sale or hire within the Borough of Magnolia shall be deemed to be operating and maintaining a pet shop.
6.95-5. - Expiration of license; annual fees.
A. All such kennel licenses shall expire on the last day of June of the year subsequent to their issue, and the annual license fee for the operation and maintenance of a kennel shall be the sum of $10.00 for not exceeding ten dogs and the sum of $25.00 for more than ten dogs.
B. The annual license fee for a pet shop shall be $10.00.
Editor's note—
Amended at time of adoption of Code (see ch. 1, General Provisions, art. I: Adopted 1-5-2000 by Ord. No. 605).
There shall be attached to the collar of each dog kept and maintained pursuant to a kennel and pet shop license a metal tag to be issued by the borough clerk, which said tag shall have stamped thereon the license number, the name of the municipality and the calendar year in which the license is issued.
6.95-7. - Treatment of animals.
A. All licenses under this article shall keep every place used as a kennel or pet shop in clean and sanitary condition and all refuse and waste material shall not be allowed to remain on said premises for more than 24 hours. All animals shall be humanely treated, and any animal having any disease shall be properly isolated and treated.
B. No dog kept in a kennel or pet shop shall be permitted off said premises except on a leash or in a crate or safe control.
6.95-8. - Misstatement of fact in application.
Any misstatement of fact which may be contained in the application for the kennel license shall be construed as a violation of this article and shall subject the applicant to a revocation of his or her license pursuant to N.J.S.A. 4:19-15.8 .
As used in this article, the following terms shall have the meanings indicated:
Person means any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
(Ord. No. 2005:07, § 3, 7-21-2005)
6.95-10. - Violations and penalties.
Any person, firm or corporation violating any provision of this article shall, upon conviction, be subject to a fine not exceeding $1,000.00, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
Editor's note—
Amended at time of adoption of Code (see ch. 1, General Provisions, art. I: Adopted 1-5-2000 by Ord. No. 605.).