HomeMy Public PortalAboutOrd. 19-05wrbinanrt
No. 19-5 of the
3orough o Tar#PrPt, N- J�
Councilman Presents the following Ordinance Seconded by Councilman
AN ORDINANCE OF THE BOROUGH OF CARTERET
BANNING THE SALE OF DOGS AND CATS FROM PET SHOPS
ASSOCIATED WITH PUPPY AND KITTEN MILLS
WHEREAS, a significant number of puppies and kittens sold at pet shops come from
large- scale, commercial breeding facilities where the health and welfare of the animals
are not adequately provided for ( "puppy mills" and "kitten mills," respectively); and
WHEREAS, the documented abuses endemic to puppy and kitten mills include over -
breeding; inbreeding; minimal to non - existent veterinary care; lack of adequate and
nutritious food, water and shelter; lack of socialization; lack of adequate space; and lack
of adequate exercise; and
WHEREAS, the inhumane conditions in puppy and kitten mill facilities lead to health
and behavioral issues in the animals bred in those facilities, which many consumers are
unaware of when purchasing animals from pet shops due to both a lack of education on
the issue the issue and misleading tactics of pet shops in some cases. These health and
behavioral issues, which may not present themselves until sometime after the purchase of
the animals, can impose exorbitant financial and emotional costs on the consumer; and
WHEREAS, current Federal and State regulations do not adequately address the sale of
puppy and kitten mill dogs and cats in pet shops; and
WHEREAS, according to the New Jersey Department of Health Animal Intake and
Disposition Survey, thousands of dogs and cats are euthanized in New Jersey animal
shelters annually. Restricting the retail sale of puppies and kittens to only those that are
sourced from animal shelters and rescue organizations will likely reduce pet
overpopulation and thus the burden on such agencies and financial costs on local
taxpayers; and
WHEREAS, across the country, thousands of independent pet shops as well as large
chains operate profitably with a business model focused on the sale of pet services and
supplies and not on the sale of dogs and cats. Many of these shops collaborate with local
animal shelters and rescue organizations to offer space and support for showcasing
adoptable homeless pets on their premises; and
WHEREAS, this Ordinance will not affect a consumer's ability to obtain a dog or cat of
his or her choice directly from a breed - specific rescue organization or a shelter, or from a
hobby breeder where the consumer can see directly the conditions in which the dogs or
cats are bred, or can confer directly with the hobby breeder concerning those conditions;
and
WHEREAS, the Mayor and Borough Council believe it is in the best interests of the
Borough of Carteret to adopt reasonable regulation to reduce costs to the Borough and its
residents, protect the citizens of the Borough who may purchase cats or dogs from a pet
shop or other business establishment, help prevent inhumane breeding conditions,
promote community awareness of animal welfare and foster a more humane environment
in the Borough.
Section 1. Definitions
NO. 19-5
PAGE 2
Animal care facility means an animal control center or animal shelter, maintained
by or under contract with any state, county, or municipality, whose mission and
practice is, in whole, or significant part, the rescue and placement of animals in
permanent homes.
Animal rescue organization means any not- for - profit organization which has tax -
exempt status under Section 501(c)(3) of the United States Internal Revenue
Code, whose mission and practice is, in whole or in significant part, the rescue
and placement of animals in permanent homes.
Cat means a member of the species of domestic cat, Felis catus.
Dog means a member of the species of domestic dog, Canis familiaris.
Offer for sale means to sell, offer for sale or adoption, advertise for the sale of,
barter, auction, give away or otherwise dispose of a dog or cat.
Pet shop means a retail establishment where dogs and cats are sold, exchanged,
bartered or offered for sale as pet animals to the general public at retail. Such
definition shall not include an animal care facility or animal rescue organization,
as defined.
Section 2. Restrictions on the Sale of Animals
No pet store shall sell, deliver, offer for sale, barter, auction, give away or
otherwise transfer or dispose of cats or dogs. Nothing in this section shall
prohibit stores from collaborating with animal care facilities or animal rescue
organizations to offer space for such entities to showcase adoptable dogs and cats.
Section 3. Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance
shall be declared invalid for any reason whatsoever, such decision shall not affect
the remaining portions of this Ordinance which shall continue in full force effect,
and to this end the provisions of this Ordinance are hereby declared to be
severable.
Section 4. Effective Date.
This Ordinance shall become effective 90 days after passage.
DO NOT USE SPACE BELOW THIS LINE
RECORD OF COUNCIL VOTE
COUNCILMAN
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NO
NV
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COUNCILMAN
YES
NO
NV
A.B.
BFII..INJ
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.1CHAL
DIAZ
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X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted on first reading of the Council of t Bo ough of Carteret, N.J., on Cc1 7 2019
Adopted on second re di after hearing n nrt i 71 � n
APPRO ED Y
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AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Home News
Tribune, a newspaper which is printed in Freehold, New
Jersey and published in Neptune, in said County and State and
of general circulation in said county. One 1 time(s), once in
each issue as follows:
March 14, 2019
"Kathleen M. Barney, MMC
Municipal Clerk
ORDINANCE #19 -5
Sworn ands bscribed b fore
me this -day of
AN ORDINANCE OF THE BOROUGH OF CARTERET
BANNING THE SALE OF DOGS AND CATS FROM PET SHOPS
ASSOCIATED WITH PUPPY AND KITTEN MILLS
This ordinance restricts the sale of cats and dogs from Pet Shops
associated with puppy and kitten mills. It will not affect a
consumer's ability to obtain a dog or cat of his or her choice directly
from a breed - specific rescue organization or a shelter or from a
hobby breeder where the consumer can see directly the conditions
in which the dogs or cats are bred or can confer with the breeder
concerning those conditions.
The foregoing ordinance was introduced at a meeting of the
Council of the Borough of Carteret held March 7, 2019 when it was
adopted on first reading. The said ordinance will be further
considered on second reading for final adoption at.a meeting of
said Council of the Borough of Carteret on March 21, 2019 at
approximately 6:00 P.M., Borough Hall /Council Chambers, 61 Cooke
Avenue, Carteret, New Jersey at which time and place all persons
interested will be given an opportunity to be heard.
Kathleen M. Barney, RMC/MMC
Municipal Clerk
(522.88)
CARMELA r OGORZELSKI
NOTARY F OF NEW JERSEY
My Comr.. , w,pires 912712022
Ad Number: 0003435083 Run Dates: 03/14/19
ORDINANCE #19 -5
AN ORDINANCE OF THE BOROUGH OF CARTERET
BANNING THE SALE OF DOGS AND CATS FROM PET SHOPS
ASSOCIATED WITH PUPPY AND KITTEN MILLS
This ordinance restricts the sale of cats and dogs from Pet Shops
associated with puppy and kitten mills. It will not affect a
consumer's ability to obtain a dog or cat of his or her choice directly
from a breed - specific rescue organization or a shelter or from a
hobby breeder where the consumer can see directly the conditions
in which the dogs or cats are bred or can confer with the breeder
concerning those conditions.
The foregoing ordinance was introduced at a meeting of the
Council of the Borough of Carteret held March 7, 2019 when it was
adopted on first reading. The said ordinance will be further
considered on second reading for final adoption at a meeting of
said Council of the Borough of Carteret on March 21, 2019 at
approximately 6:00 P.M., Borough Hall /Council Chambers, 61 Cooke
Avenue, Carteret, New Jersey at which time and place all persons
interested will be given an opportunity to be heard.
Kathleen M. Barney, RMC /MMC
Municipal Clerk
($22.88)
3435083 -01
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Home News
Tribune, a newspaper which is printed in Freehold, New
Jersey and published in Neptune, in said County and State and
of general circulation in said county. One 1 time(s), once in
each issue as follows:
March 27, 2019
CARMELA POGORZELSKI
NOTARY PUBLIC OF NEW JERSEY
MY Commission Expires 912712022
Kathleen M. Barney, M
Municipal Clerk
BOROUGH OF CARTERET
ORDINANCE #19 -5
AN ORDINANCE OF THE BOROUGH OF CARTERET
BANNING THE SALE OF DOGS AND CATS FROM PET SHOPS
ASSOCIATED WITH PUPPY AND KITTEN MILLS
APPROVED AND ADOPTED: MARCH 21, 2019
INTRODUCED: MARCH 7, 2019
Advertised as Adopted on First Reading
with notice of Public Hearing: MARCH 14, 2019
Hearing Held. MARCH 21, 2019
Approved By: MAYOR DANIEL J. REIMAN
Advertised as Finally Adopted: MARCH 27, 2019
KATHLEEN M. BARNEY, RMC/MMC
Municipal Clerk
($ 15.84)
Sworn and subscribe efore n
me this day of a.YCL i d
Ad Number: 0003455901 Run Dates: 03/27/19
BOROUGH OF CARTERET
ORDINANCE #19 -5
AN ORDINANCE OF THE BOROUGH OF CARTERET
BANNING THE SALE OF DOGS AND CATS FROM PET SHOPS
ASSOCIATED WITH PUPPY AND KITTEN MILLS
APPROVED AND ADOPTED: MARCH 21, 2019
INTRODUCED: MARCH 7, 2019
Advertised as Adopted on First Reading
with notice of Public Hearing: MARCH 14, 2019
Hearing Held: MARCH 21, 2019
Approved By: MAYOR DANIEL J. REIMAN
Advertised as Finally Adopted: MARCH 27, 2019
KATHLEEN M. BARNEY, RMC /MMC
Municipal Clerk
($15.84) —��