[Adopted 8-27-1985 as Ch. 228, Art. I, of the
1984 Code; amended 7-27-1993 by Ord. No. BH:1993-1]
No person, including a livestock dealer as hereinafter defined, shall keep, raise or maintain or permit to be kept, raised or maintained at or upon any premises in the Township of Manalapan any pig or pigs as hereinafter defined without first having procured from the Board of Health of Manalapan Township a permit as hereinafter set forth for that purpose. Any such permit may be revoked at any time by the Board of Health when such revocation shall appear to the Board of Health to be necessary for the public health and safety. Notwithstanding what is set forth in this Article I, nothing set forth in this Article I shall conflict with, or be contrary to, the provisions of the Right to Farm Act (L. 1983, c.31 § 1 et seq., effective January 26, 1983), which recognizes the need to mitigate unnecessary constraints on essential farming practices within the State of New Jersey.
As used herein, the following terms shall have the meanings indicated:
Includes all waste material from the tables of hotels, restaurants,
private homes and all other waste products from kitchens, stores, bakeshops
or places where food is prepared, consumed, handled or sold for human use.
Herein used interchangeably with the same meaning.
Includes firm, partnership, corporation and individual, or one or
more individuals, and excepting one who is engaged in the business of buying
and selling all kinds of livestock and is known and considered as a "livestock
dealer."
Includes hogs, swine, shoats, pigs and potbelly miniature pigs more
than 60 days of age.
No permit shall be required under this Article I in the event that any person desires to have, keep, raise or maintain or permits having, keeping, raising or maintaining no more than 25 pigs on property on which farming is a permitted use as otherwise set forth in this Manalapan Code. Additionally, no permit shall be required for any person desiring to have, keep, raise or maintain or to permit having, keeping, raising or maintaining one potbelly miniature pig on residential property as otherwise set forth in this Manalapan Code.
The granting of a permit or license hereunder shall in no way authorize
the creation of a nuisance or the maintenance of an obnoxious condition and
shall in no way regulate or prevent the passing of future ordinances concerning
the prohibition of or the limitation upon the keeping of pigs or the bringing
of garbage into the Township.
The permit or license period shall be from the date of final passage
and effective date hereof to the first day of January 1994, and the fee for
same shall be apportioned on the basis of the unexpired term of the year ending
December 31, 1993. Thereafter the permit period shall be from the first day
of January to the 31st day of the following December of each year.
A.
Application for a permit shall be made to the Secretary of the Board of Health of the Township of Manalapan in writing. The application shall include a statement of location of the premises on which the pigs are proposed to be kept; the number of pigs proposed to be kept and shall include such other information as may be required by the Board of Health. A permit fee of $100 shall accompany the application for a permit under this Article I. If the application is denied, the fee shall be returned to the applicant.
B.
The Board of Health shall inspect the premises of the
applicant prior to issuing any permit. The Board of Health shall have the
authority either to grant any permit or to refuse any permit or to grant any
permit upon condition or in modified form.
Any person having or keeping pigs shall comply with the following provisions:
A.
The location shall be such as to preclude odors and sounds
therefrom from interfering with the comfortable enjoyment of life and property
on neighboring premises.
B.
Building, food storage bins, appliances, equipment, feeding
areas and other facilities on the premises which might provide food or shelter
for insects or rodents are to be constructed and maintained in such a fashion
as to permit proper cleansing.
C.
The water supply shall be adequate for proper sanitation.
D.
Water or other liquids to which mosquitoes may have access
shall be properly treated to prevent their breeding.
E.
Rodents to insects hazardous to public health shall be
controlled so that they do not exist or reproduce therein or thereon.
F.
Garbage fed to swine is to be in accordance with N.J.S.A.
4:5-106.1 et seq. and thoroughly cooked in apparatus approved by the enforcing
official at a temperature of not less than 185° F.
G.
Adequate equipment shall be available to maintain all
buildings, yards, enclosures or premises in which swine shall be kept, raised
or maintained in a sanitary condition at all times.
H.
Disposition is to be made of animal waste, garbage, refuse,
vegetable matter deposited upon the premises, in order to maintain a sanitary
condition at all times.
Any person having or keeping pigs or permitting any person to have or
keep pigs under a permit shall, in addition to all other requirements herein
set forth, comply with the following provisions:
A.
All buildings used by permit holders for the keeping
of pigs shall be provided with a concrete or other nonabsorbent floor built
above the surface of the surrounding ground with a concrete or other nonabsorbent
sidewall on all enclosed portions extending 36 inches above the floor and
so joined with the floor as to furnish a cove or curved surface for easy cleaning.
B.
All liquid waste, including waste used to wash down the
sidewalls, liquids from the sheds, the barns, from the manure pit or leading
area and any water from washing trucks or other equipment shall be conducted
by a suitable drain to an underground cistern and disposed or either in an
approved sewage disposal field or pumped into a closed tank and spread upon
the fields in such a manner at such time as to prevent it from gathering in
pools or running off the land.
No person having or keeping pigs or permitting any person to have or
keep pigs (except for the keeping of one potbelly miniature pig) shall locate
any building, pig run, yard or pasture wherein pigs are kept closer than 250
feet to any highway or public thoroughfare or closer than 400 feet to any
dwelling or residence other than the dwelling or residence of the farm whereon
said pigs are kept.
The area wherein pigs are kept, except where they are housed in closed
buildings, shall be completely fenced with a sturdy, well constructed closely
woven wire fence or other equally effective fence so as to prevent any pigs
from trespassing on adjoining property.
A.
Any person who obtains a permit and shall violate any of the provisions of this Article I and any regulations pursuant thereto shall be subject to having said permit suspended or revoked by the Board of Health upon being convicted of such violation in addition to the other penalties provided for herein.
B.
In addition to what is set forth in this Article I, all persons subject to the provisions of this Article I (including those persons who shall receive an exception to permit pursuant to § 243-3 of this Article I) shall not allow the creation of a nuisance in connection with the having, keeping, raising or maintaining of any pig and/or pigs.
