An Act concerning kennels and pet shops, and amending P.L.1941, c.151.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1941, c.151 (C.4:19-15.1) is amended to read as follows:

1. As used in P.L.1941, c.151 (C.4:19-15.1 et seq.):

"Animal rescue organization" means an individual or group of individuals who, with or without salary or compensation, house and care for homeless animals in the home of an individual or in other facilities, with the intent of placing the animals in responsible, more permanent homes as soon as possible.

"Animal rescue organization facility" means the home or other facility in which an animal rescue organization houses and cares for an animal.

"Certified animal control officer" means a person 18 years of age or older who has satisfactorily completed the course of study approved by the Commissioner of Health and Senior Services and the Police Training Commission as prescribed by paragraphs (1) through (3) of subsection a. of section 3 of P.L.1983, c.525 (C.4:19-15.16a); or who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L.1983, c.525 for a period of three years before January 17, 1987.

"Dog" means any dog, bitch or spayed bitch.

"Dog of licensing age" means any dog which has attained the age of seven months or which possesses a set of permanent teeth.

"Foster home" means placement of a cat or dog with an individual or group that is not an animal rescue organization for the purpose of temporarily caring for the cat or dog, without the individual or group assuming ownership and with the intent of the individual or group relinquishing the cat or dog to a suitable owner when one is located.

"Kennel" shall mean any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop. The term "kennel" shall include, but need not be limited to, businesses providing guard dog services, including the boarding or harboring of guard dogs.

"Owner" when applied to the proprietorship of a dog shall include every person having a right of property in that dog and every person who has that dog in his keeping, and when applied to the proprietorship of any other animal, including, but not limited to,
a cat, shall include every person having a right of property in that animal and every person who has that animal in his keeping.

"Pet shop" means any place of business which is not part of a kennel, wherein animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.

"Pound" means an establishment for the confinement of dogs or other animals seized either under the provisions of this act or otherwise.

"Shelter" means any establishment where dogs or other animals are received, housed and distributed.

"Sterilize" means to render an animal incapable of reproducing by either spaying or neutering.

(cf: P.L.2011, c.142, s.1)

2. Section 9 of P.L.1941, c.151 (C.4:19-15.9) is amended to read as follows:

9. The annual license fee for a kennel providing accommodations for ten or less dogs shall be [ten dollars ($10.00)] an amount not to exceed $150, and for more than ten dogs [twenty-five dollars ($25.00)] an amount not to exceed $350. The annual license fee for a pet shop shall be [ten dollars ($10.00)] an amount not to exceed $500. No fee shall be charged to a kennel, shelter or pound organized as a not-for-profit as described in section 501 (c)(3) of the Internal Revenue Code, 26 U.S.C. s.501 (c)(3) and exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. s.501 (a)).

(cf: P.L.1941, c.151, s.9)

3. This act shall take effect immediately.

STATEMENT

This bill amends the definition of "kennel" under current law to include guard dog services, and increases the amount that can be charged for certain fees. The bill provides that an amount not to exceed $150 can be charged for licensing kennels, shelters or pounds with 10 or less dogs and not to exceed $350 for kennels, shelters or pounds with more than 10 dogs, except that no fee could be charged to a kennel, shelter or pound that is a non-profit organization that is exempt from federal taxation pursuant to section 501 (c)(3) of the federal Internal Revenue Code, 26 U.S.C. s.501 (c)(3).

The bill also: 1) provides that the annual dog license fee would not be charged to kennels, shelters or pounds that are nonprofit organizations which are exempt from federal taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. s.501(c)(3)); and 2) allows an amount not to exceed $150 to be charged for licensing for-profit shelters or pounds with 10 or less dogs, and an amount not to exceed $350 to be charged for licensing for-profit shelters or pounds with more than 10 dogs.