[Adopted 6-19-1900; amended 5-26-1971; 4-12-1994 (Secs. 16:2-1 to 16:2-4 of the 1975 General Ordinances)]
As used in this article, the following terms
shall have the meanings indicated:
Includes those animals which are tame by nature or from time
immemorial have been accustomed to the association of man, or by his
industry have been subjected to his will and have no disposition to
escape his dominion, and for the purposes of this article, animals
hereinafter described as "farm animals" shall be excepted from this
designation.
Refers to those domesticated animals which have historically
been used in, by or for the production of agricultural income or products
and which are generally assumed by prevailing community standards
to be associated with farm or agricultural uses. Farm animals shall
refer to sheep, chickens, goats, swine, horses, cows or animals of
like or similar nature.
Any parcels of land three acres or more in area.
An individual, firm, partnership, corporation, voluntary
association or an incorporated association.
Any farm, plot, lot or other premises, house, garage, barn
or other building of any kind whatsoever.
Includes those animals wild by nature, which because of habitat,
mode of life or natural instinct are incapable of being completely
domesticated and require the exercise of art, force or skill to keep
them in subjection.
It shall be unlawful for any person to own,
harbor, keep or maintain any pigeons, sheep, fowl, horse, cattle,
goat, swine, poultry or other domestic, farm or wild animal, excepting
dogs and cats, within the limits of the Township of Burlington except
in conformity to the rules and regulations hereinafter established.
A.Â
All persons subject to the regulations contained in
this article must provide suitable animal housing which is completely
enclosed and of a nature similar to a barn, stable, coop or corral.
B.Â
At its closest point, such housing shall be at least
50 feet from the doors or windows of any structure located on adjacent
property and at least 12Â 1/2 feet from any adjacent property
line.
C.Â
Such housing shall be kept clean at all times to prevent
the creation of offensive odors, the accumulation of manure and the
accumulation of organic refuse.
D.Â
Such housing shall be kept in good repair, properly
ventilated, waterproof and free from rats and other vermin.
E.Â
Such housing shall be constructed in such a manner
and of such material to be capable at all times of keeping said animal
or animals from running at large.
F.Â
Said animal or animals regulated under the provisions
of this article shall remain confined if left unattended within said
housing. Animals which are found running at large shall be guilty
upon proof of a violation by the property owner of the provisions
of this article.
A.Â
Farm animals.
(1)Â
Crowing roosters, cattle, goats, horses, sheep, swine
or other farm animals, as herein defined, shall only be kept on a
farm, as herein defined.
(2)Â
The Burlington County Health Department shall have the power and authority to grant exceptions to the regulations contained in § 122-4A(1) of this article. Said exceptions shall be granted by the Burlington County Health Department by way of a special permit for this purpose. Said special permit may only be granted upon the written application of the person seeking the special permit or his authorized agent. Said application shall be delivered to the Burlington County Health Department, which shall cause the question of its issuance to be placed upon the agenda of the Burlington County Health Department at its next regularly scheduled meeting, provided that said application is received not less than 10 days prior to the said regular meeting. In the event that said application is received less than 10 days prior to the next regularly scheduled meeting, the matter shall be placed upon the agenda of the meeting next following. The Burlington County Health Department may grant the permit if, upon a full hearing of the relative facts, it determines:[1]
(a)Â
The denial of the permit will work a great hardship
upon the applicant.
(b)Â
The applicant has satisfied the Burlington County
Health Department that he has, will and/or can comply with the other
provisions of this article.
(d)Â
The granting of the permit will not impair the
health, safety and welfare of the surrounding property owners and
the community as a whole.