[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-1971 by Ord. No. 631R (Ch. 53 of the 1971 Code)]
[1]
Editor’s Note: The title of Art. I was changed from "Dogs and Wildlife" to "Animals and Wildlife" 2-8-2011 by Ord. No. 11-02R.
The words hereinafter defined shall have the meanings herein indicated for the purposes of this article:
ATTACK DOG
Any dog or dog hybrid trained to attack persons entering an area, except for the trainer of said dog or canine.
[Added 12-28-1999 by Ord. No. 99-25R]
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
FEED
To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
[Added 10-11-2005 by Ord. No. 05-21R]
GUARD DOG
Any dog or dog hybrid trained to attack a person at the command or instruction of a trainer.
[Added 12-28-1999 by Ord. No. 99-25R]
IMMEDIATE
Removal shall occur at once, without delay.
[Added 10-11-2005 by Ord. No. 05-21R]
KENNEL
Any establishment wherein or whereon the business of boarding and selling pets, including dogs or breeding dogs, is carried on, but shall not include a pet shop where pets are boarded for sale only.
[Amended 2-8-2011 by Ord. No. 11-02R]
OWNER or KEEPER
Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
[Amended 12-28-1999 by Ord. No. 99-25R; 10-11-2005 by Ord. No. 05-21R]
PERSON
Any individual, corporation, company, partnership, firm and/or association.
[Added 10-11-2005 by Ord. No. 05-21R]
PET
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
[Added 10-11-2005 by Ord. No. 05-21R]
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein pets for sale are kept or displayed.
[Amended 2-8-2011 by Ord. No. 11-02R]
PET SOLID WASTE
Waste matter expelled from the bowels of a pet; excrement.
[Added 10-11-2005 by Ord. No. 05-21R]
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by the Fanwood Municipal Court.
[Added 12-28-1999 by Ord. No. 99-25R]
POUND
An establishment for the confinement of dogs seized under the provisions of this article or otherwise.
PROPER DISPOSAL
Placement in a designated waste receptacle or other suitable container and discarded in a refuse container which is regularly emptied by the Borough or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
[Added 10-11-2005 by Ord. No. 05-21R]
SHELTER
Any establishment where pets are received, housed and distributed.
[Amended 2-8-2011 by Ord. No. 11-02R; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
TRAINER
Any person who trains or owns an attack or guard dog or from whom an attack or guard dog takes commands or instructions.
[Added 12-28-1999 by Ord. No. 99-25R]
UNCONFINED
Any attack dog or guard dog if, while on the premises of its owner or harborer, such dog is not securely confined indoors or confined in a securely enclosed and locked pen or dog run area upon the premises of the person who is the owner. Such pen or dog run area must be adequate to insure the confinement of such dog upon said premises.
[Added 12-28-1999 by Ord. No. 99-25R]
VICIOUS DOG
Any dog or dog hybrid declared to be vicious by the Fanwood Municipal Court.
[Amended 12-28-1999 by Ord. No. 99-25R]
WILDLIFE
All animals that are neither human nor domesticated.
[Added 10-11-2005 by Ord. No. 05-21R]
[Amended 12-28-1999 by Ord. No. 99-25R]
No person shall keep or harbor any dog within the Borough except in compliance with the provisions of this article and unless he/she first obtains a license therefor. The license shall be issued by the Borough Clerk upon application by the owner and payment of the prescribed fee.
Any person who shall own, keep or harbor a dog of licensing age shall annually apply for and procure from the Borough Clerk a license and official metal registration tag for each such dog so owned, kept or harbored and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.
[Amended 12-26-1979 by Ord. No. 706R; 10-14-1981 by Ord. No. 730R; 12-14-1983 by Ord. No. 83-23R; 5-10-1989 by Ord. No. 89-05R; 12-11-2007 by Ord. No. 07-25R]
A. 
Any person applying for a license and registration tag shall pay a fee of $10 for each neutered dog and $15 for each unneutered dog, which sum shall include the sum of $1 for the registration tag of each dog. For each annual renewal, the fee for the license, including the registration tag, shall be $10 for each neutered dog and $15 for each unneutered dog. Said license, registration tag and renewals thereof shall expire on the last day of January of each year. There shall be a late fee charged for all dog license renewals not made by January 31 of the license year. The fee shall be $2 per month, chargeable beginning February 1 of the license year and increasing by $2, chargeable on the first day of each succeeding month, to a maximum of $10.
B. 
Dogs used as guide dogs or service dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of a guide dog or service dog shall not be required to pay any fee therefor. A dog temporarily placed in a foster home as part of a formalized training to be a guide dog or service dog shall not be required to be licensed and registered while the dog remains in the foster home for such training. For the purposes of this section, "guide dog" and "service dog" mean a guide dog or service dog as defined in N.J.S.A. 10:5-5.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for license and registration tag for such dog within 10 days after such acquisition or age attainment.
[Amended 12-28-1999 by Ord. No. 99-25R]
The application shall state the breed, sex, age, color and markings of the dog for which a license and registration are sought, whether it is of a long- or short-haired variety, the name, street and post office address of the owner and the person who shall keep or harbor such dog. The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the Borough Clerk. In addition, he/she shall forward to the State Department of Health each month, on forms furnished by said Department, an accurate account of registration numbers issued or otherwise disposed of. Registration numbers shall be issued in the order of application.
A. 
Any person who shall bring or cause to be brought into the Borough any dog licensed in another state for the current year and bearing a registration tag and who shall keep the same or permit the same to be kept within the Borough for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog, unless such dog is licensed under § 118-9.
B. 
Any person who shall bring or cause to be brought into the Borough any unlicensed dog and shall keep the same or permit the same to be kept within the Borough for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog, unless such dog is licensed under § 118-9.
[Amended 12-28-1999 by Ord. No. 99-25R]
No person, except an officer in the performance of his/her duties, shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it was not issued.
A. 
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter, or a pound shall apply to the Borough Clerk for a license entitling him/her to keep or operate such establishment.
B. 
The application shall describe the premises where the establishment is located or is proposed to be located and the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the Health Officer of the Board of Health of the Borough, showing compliance with local and state rules and regulations governing the location of and sanitation at such establishments.
C. 
All licenses issued for a kennel, pet shop, shelter, or pound shall state the purpose for which the establishment is maintained. Such licenses shall expire on the last day of January of each year, and shall be subject to revocation by the Mayor and Council on recommendation of the State Department of Health or of the Borough Board of Health for failure to comply with the rules and regulations of the State Department or of the Board of Health governing them. No license shall be revoked unless the owner has been afforded a hearing by the State Department or by the Board of Health.
D. 
Any person holding such license shall not be required to secure individual licenses for dogs owned by him/her and kept at such establishments. Such license shall not be transferable to another owner or different premises.
[Amended 6-14-2005 by Ord. No. 05-14R; 2-8-2011 by Ord. No. 11-02R; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The annual license fee for a kennel providing accommodations for 10 or less pets shall be $10 and for more than 10 pets $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound.
[Added 10-17-2016 by Ord. No. 16-08R[1]]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ANIMAL CARE FACILITY
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 or rescue organizations.
ANIMAL RESCUE ORGANIZATION
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
A member of the species of domestic cat, Felis catus.
DOG
A member of the species of domestic dog, Canis familiaris.
OFFER FOR SALE
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
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.
B. 
Restrictions on the sale of animals.
(1) 
A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:
(a) 
An animal care facility; or
(b) 
An animal rescue organization.
(2) 
A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old.
C. 
Recordkeeping and disclosure. A pet shop shall maintain records stating the name and address of the animal care facility or animal rescue organization that each cat or dog was obtained from for at least two years following the date of acquisition. Such records shall be made available, immediately upon request, to Borough police and submitted annually, and no later than May 1 of each year, to the Borough of Fanwood. Each pet shop shall display on each cage a label stating the name and address of the animal care facility or animal rescue organization of each animal kept in the cage.
[1]
Editor's Note: Ord. No. 16-08R was included as Ch. 119, Commercial Pet Shops, Operation of, of the 2001 Code, but was moved to this chapter with the 2024 recodification to maintain the organization and alphabetical sequence of the Code.
A. 
License fees and other moneys collected or received under the provisions of this article, except registration tag fees, shall be forwarded to the Chief Financial Officer/Treasurer of the Borough within 30 days after collection or receipt and shall be placed in a special account separate from any other accounts of the Borough. Said moneys shall be used for the following purposes only: for collecting, keeping, and disposing of dogs liable to seizure under this article, for local prevention and control of rabies, for providing antirabic treatment under the direction of the Board of Health for any person known or suspected to have been exposed to rabies, for all other purposes prescribed by the statutes of New Jersey governing the subject, and for administering the provisions of this article. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this section. At the end of the said third fiscal year following and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the Borough any amount then in such account which is in excess of the total amount paid into said special account during the last two fiscal years next preceding.
B. 
The registration tag fee for each dog shall be forwarded within 30 days after collection by the Borough Clerk to the State Department of Health.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Borough Clerk shall forward to the State Department of Health a list of all kennels, pet shops, shelters, and pounds licensed within 30 days after the licenses therefor are issued, which list shall include the name and address of each licensee and the kind of license issued.
The Mayor and Council shall have power to appoint a Animal Control Officer, whose duty it shall be to enforce the provisions of this article. The Mayor and Council shall also have power to appoint one or more persons, to be known as "dogcatchers," who may impound unlicensed dogs running at large in violation of the provisions of this article.
[1]
Editor's Note: Former § 118-15, Annual canvass; report, of the 2001 Code, as amended 12-28-1999 by Ord. No. 99-25R, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The Animal Control Officer shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or disposed of, as provided in this section:
(1) 
Any dog off the premises of the owner or of the person keeping or harboring said dog which said official or his/her agent or agents have reason to believe is a stray dog.
[Amended 12-28-1999 by Ord. No. 99-25R]
(2) 
Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on his/her collar.
[Amended 12-28-1999 by Ord. No. 99-25R]
(3) 
Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.
B. 
If any dog so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or if the owner or the person keeping or harboring said dog is known, the Animal Control Officer shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said dog, if known, a notice in writing stating that the dog has been seized and will be liable to be disposed of or destroyed if it is not claimed within seven days after the service of the notice.
C. 
A notice under this section may be served by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of abode, or at the address given on the collar, or by forwarding it by post in a prepaid letter addressed to that person at his/her usual or last known place of abode, or to the address given on the collar.
[Amended 12-28-1999 by Ord. No. 99-25R]
D. 
When any dog so seized has been detained for seven days after notice has been given as above set forth, or has been detained for seven days after seizure when notice has not been and cannot be given as herein set forth, and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention, including maintenance not exceeding $4 per day, and if the dog is unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Control Officer may cause the dog to be destroyed in a manner causing as little pain as possible.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Amended 12-28-1999 by Ord. No. 99-25R]
Any officer or agent authorized or empowered to perform any duty under this article is hereby authorized to go upon any premises to seize for impounding any dog or dogs which he/she may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if said owner is present and forbids the same.
[Amended 11-10-2009 by Ord. No. 09-15R]
No person owning, possessing, keeping or harboring any dog, whether such dog is licensed or unlicensed, shall allow, suffer or permit such dog to run at large on or about any place within the Borough except upon the premises of the person who owns or is entitled to the custody of such dog and/or unless securely held by a leash no more than 12 feet long in the hands of a person able to control such dog.
[Added 12-28-1999 by Ord. No. 99-25R]
In the event a violation of § 118-20 is determined, the owner or harborer of the subject dog shall be liable for the payment of any actual costs incurred in impounding, maintaining, redeeming and/or destroying said dog and/or any veterinarian fees which may be required to be expended by the Borough. Said payments shall be made upon presentation of a statement as to the actual costs incurred.
[Amended 11-12-1980 by Ord. No. 718R]
A. 
No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such animal to soil, defile or defecate upon any public property or on any private property without the express permission of the owner of such property.
[Amended 10-11-2005 by Ord. No. 05-21R; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Any person who causes, suffers or allows any such animal to defecate anywhere, except in an area as permitted aforesaid, shall immediately remove all feces deposited by such animal by a sanitary method as described in § 118-22C. All pet owners/keepers are required to dispose immediately and properly of their pet's solid waste deposited on any property, public or private. Any pet owner/keeper who requires the use of a disability assistance animal shall be exempt while such animal is being used for that purpose.
[Amended 6-14-2001 by Ord. No. 01-11R; 10-11-2005 by Ord. No. 05-21R]
C. 
The sanitary manner for removal of feces shall be by the placement of the removed feces in a sealed plastic bag and then further placed in said person's own garbage or waste removal container and shall not be by placement of the feces, whether in a sealed plastic bag or not, in any garbage or waste container owned or maintained by the Borough of Fanwood or any garbage or waste container of any other person or entity, without the consent of that person or entity, or in any storm sewer.
[Amended 6-14-2001 by Ord. No. 01-11R]
D. 
Any person violating any provisions of § 118-22 shall be punished by a fine not to exceed $50 for the first offense and not to exceed $100 for any subsequent offenses.
[Amended 6-14-2001 by Ord. No. 01-11R]
[Amended 6-14-2001 by Ord. No. 01-11R; 8-9-2001 by Ord. No. 01-13R; 7-18-2022 by Ord. No. 22-07-R; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any public place of the Borough unless such dog is accompanied and controlled by a person reasonably calculated to have the strength and agility to exercise control over the dog's activities and is securely confined and controlled by an adequate leash not more than 12 feet long at all times. Seeing Eye dogs shall be excused from the control set forth in this subsection when accompanied by their masters.
B. 
Owners shall be limited to one dog for entry into the public parks.
C. 
Dogs shall not be permitted on the sports courts, skateboard area, sports rink, sports playing fields, or within the children's playground area within the public parks.
D. 
Dogs that are aggressive, bark excessively or are a nuisance shall be removed from the public parks.
E. 
Owners shall remove all feces deposited by such animals and dispose of the same as provided by § 118-22 of this chapter.
F. 
Owners shall provide their dog's current licenses and proof of current immunizations as required by § 118-3 of this chapter.
G. 
Any dog having a documented incident of an attack or bite of a person or repeated violations of this chapter shall be permanently prohibited from entry into the public parks.
H. 
Violators of this section shall be subject to a fine of not more than $250 for a first offense and not more than $500 for a second or subsequent offense.
No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property.
[Amended 12-28-1999 by Ord. No. 99-25R]
A. 
Registration.
(1) 
All persons owning or controlling an attack or guard dog on premises within the Borough shall file with the Borough Clerk a certificate of registration, which shall set forth thereon the name of the owner(s) and person(s) in control of such premises and the street address thereof. Said registration shall occur within 72 hours from the time said dog is brought onto said premises. For registering said guard or attack dog and issuing a duplicate thereof, the Borough shall receive a fee of $25 for each dog so registered. The registration and fee requirements are in addition to any fee and licensing requirements for all dogs in the Borough pursuant to New Jersey or local law.
(2) 
Any person owning or controlling a dog declared to be potentially dangerous shall comply with all of the requirements of N.J.S.A. 4:19-17 et seq. The fee to be charged by the Borough for issuing a special Borough potentially dangerous dog license shall be $700 for each dog so registered. The Borough Clerk shall issue a potentially dangerous dog number and red identification tag, all upon demonstration by the owner to the Chief of Police, or his/her designee, that the owner has complied with all orders entered by the Fanwood Municipal Court with regard to said dog and has paid the license fee, all in accordance with N.J.S.A. 4:19-30. The Chief of Police, or his/her designee, shall verify, in writing, compliance to the Borough Clerk by the owner of the Fanwood Municipal Court's orders. All fees under this section shall be deposited in a special account and used by the Borough to administer and enforce this section.
(3) 
The Borough Clerk shall notify the Police Department, the Fire Department, and the Rescue Squad of the fact that an animal has been registered under the provisions of this section and the address of the premises where the animal is maintained.
(4) 
All persons owning or controlling an attack or guard dog shall also secure from the Borough Clerk a tag indicating that the animal is registered as an attack or guard dog. Said tag shall not be issued unless the person owning or controlling said attack or guard dog shall furnish proof that the animal has been inoculated with a rabies vaccine that is current and has been registered with the Borough.
(5) 
Failure to register the attack or guard dog and to secure the tag and to have the tag securely fastened to the animal shall be a violation of this section.
(6) 
If a dog is seized and impounded by the Chief of Police, or his/her designee, pursuant to N.J.S.A. 4:19-19, or said officer has reasonable cause to believe such dog has killed another domestic animal, then and in such event, such dog shall be dealt with in accordance with N.J.S.A. 4:19-20 et seq. The Borough shall be entitled to recover all costs for impounding any such dog at the maximum rate of $100 per day and its costs for destroying any such dog at a maximum of $100.
B. 
Guard or security services, procedures. It shall be unlawful for any guard or security service to have upon any premises within the Borough any guard or attack dog unless:
(1) 
The guard or attack dog has been registered with the Borough and has secured a registration tag as provided for by this article; and
(2) 
The guard or security service has maintained a telephone number to which a call may be placed to a responsible person of said service 24 hours a day.
C. 
Posting of signs.
(1) 
The owner, or other persons in control if not the owner, of all premises upon which attack or guard dogs are maintained shall post at least two signs stating, "Warning: Attack or Guard Dog on Premises."
(2) 
If attack or guard dogs on said premises are owned or maintained thereon by any guard or security service, in addition to the signs required by Subsection C(1) above, the following information shall be posted: Name of said service; address of said service; telephone number at which the responsible party of said service can be reached; and the name and address of the owner or person in control of said premises. Nothing herein shall be construed so as to prevent the signs required by this subsection to be single signs, provided all the information required by Subsections C(1) and (2) are contained therein.
(3) 
All signs required by this article shall be posted on, over or next to all exterior doors, and at least one such sign shall be posted at each driveway or entrance to said premises.
(4) 
All signs required by this article shall contain lettering clearly visible from the lesser of the curbline or 40 feet from the front door of the premises.
(5) 
Posting of signs as it relates to potentially dangerous dogs shall be pursuant to N.J.S.A. 4:19-24.
D. 
Containment of certain types of dogs.
(1) 
No person owning or harboring or having the care or custody of a potentially dangerous dog shall suffer or permit such dog to go unconfined beyond the premises of such person unless such dog is securely leashed or otherwise securely restrained, including being muzzled.
(2) 
No person shall own or harbor any dog for the purpose of dog fighting or train, torment, badger, bait, or use any dog for the purpose of dog fighting or for the purpose of causing or encouraging said dog to unprovoked attacks upon human beings or domestic animals.
(3) 
No person shall permit a potentially dangerous dog to be unconfined.
(4) 
As to any dog determined to be potentially dangerous, all requirements of N.J.S.A. 4:19-24 shall be satisfied.
[Added 10-11-2005 by Ord. No. 05-21R[1]]
No person shall feed, in any public park or on any other property owned or operated by the Borough, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
[1]
Editor's Note: This ordinance also redesignated former § 118-26, of the 2001 Code, as § 118-27.
[Amended 12-15-1971 by Ord. No. 631R; 12-28-1999 by Ord. No. 99-25R]
A. 
Any person who shall violate any provision of this article shall, upon conviction thereof, be subject to the penalty provisions of § 1-2, General penalty. Each day that a guard dog or attack dog is maintained upon any premises in the Borough without registration and/or tag as required by this article shall constitute a separate offense. Each day that a sign required by this article is not maintained shall constitute a separate offense and, notwithstanding the penalties hereinabove provided for the violation of this article, the Borough shall be entitled to pursue any other remedies available at law or in equity to enforce the provisions hereof. This section shall not apply to dogs declared vicious or potentially dangerous since such dogs shall be subject to the provisions of N.J.S.A. 4:19-17 et seq.
[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
The Borough Clerk shall publicize a telephone number for reporting violations of N.J.S.A. 4:19-17 et seq., as well as violations of this article, and shall advise the New Jersey Department of Health as to such telephone number.
[Added 10-19-2020 by Ord. No. 20-15R]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CHICKEN
A domesticated fowl of the subspecies Gallus gallus domesticus.
COOP
An enclosure, cage or pen, usually with bars or wire, in which chickens are confined.
DROPPINGS
The excrement of chickens.
MATURE CHICKEN
A chicken which has attained sexual maturity or an age of at least three months.
PREDATOR
An animal that poses a threat to chickens, such as hawks, foxes, coyotes, rodents, etc.
ROOSTS
A perch upon which chickens rest at night.
RUN
An enclosed area in which chickens are allowed to walk or run about.
B. 
Purpose.
(1) 
No person shall raise, keep or harbor any live chickens without first obtaining a permit for that purpose from the Municipal Clerk's office, which will issue a permit only after a site inspection by the designated Borough official, Zoning Official or officer from the Board of Health.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
The provisions of this section shall not be deemed to authorize the keeping of live chickens or their by-products for sale or preparation of sale. Furthermore, it shall be unlawful to engage in chicken breeding or fertilizer production for commercial purposes.
(3) 
The provisions of this section are intended to regulate the keeping of live chickens only for private enjoyment purposes. The keeping of any other types of poultry, including roosters, is strictly forbidden within the Borough.
C. 
Permits.
(1) 
Application for raising and keeping live chickens will be made through the Municipal Clerk's office with the approval of the Borough Zoning Official. Only one permit will be issued for any separate residence. There will be no fee for the permit. The Borough, however, shall charge a one-time $50 zoning review fee in connection with the application.
(2) 
Permits are issued annually and expire at the end of each calendar year. New permits may be applied for at any time during the year. Permit renewals may be made after December 1 for the following calendar year.
(3) 
The Borough will not approve for issuance a permit, and may revoke existing permits, for the keeping of live chickens at any place that shall be deemed a nuisance to disturb persons of reasonable sensitivity residing in the vicinity of the place where such live chickens are to be kept.
D. 
Regulations.
(1) 
All mature chickens shall be confined to fully enclosed coops and runs located outside of and completely apart from any building used wholly or in part for dwelling purposes. Under no circumstance will live chickens be permitted to be kept at food or eating establishments.
(2) 
No live chickens shall be permitted to fly or run at large. Such action is deemed to be a nuisance and dangerous to the public health and safety.
(3) 
Each animal subject to this section shall be free from sickness or disease. If, upon investigation by the County Health Department or other regulating authority, there exists reasonable cause to question the health of any animal, the Borough shall have the authority to require, after notice to the owner, an examination by a doctor of veterinary medicine. This examination shall be at the expense of the owner.
(4) 
There will be a maximum of three mature hens/chickens for each permit issued. Roosters are strictly prohibited.
E. 
Maintenance.
(1) 
The coop shall not exceed 36 square feet in size. The entire accessory run and coop structure combined shall not exceed 100 square feet.
(2) 
Any run associated with the coop shall be included within the thirty-six-square-foot limitation, as set forth in Subsection E(1).
(3) 
Chicken coops and runs are limited to zones R-75 and R-150 with a minimum lot size of 7,500 total square feet. Where practicable, chicken coops and runs shall be located in the rear yard of the property and 15 feet from the rear and side property lines; in no circumstances shall said coops and runs be permitted in the front yard of any property. Moreover, the entirety of any chicken coop and run shall be placed closer to the dwelling on the lot in question than to the dwelling(s) on any adjoining lot(s).
(4) 
No chicken coop and run shall be erected, used or located closer than 15 feet from any side or rear property line.
(5) 
The coop shall be dry and well ventilated, with windows so placed, if possible, as to admit sunlight.
(6) 
The coop shall have a floor impervious to moisture and be waterproof.
(7) 
The coop shall be whitewashed or painted therein.
(8) 
The coop, including perches and nests, shall be cleaned regularly for the health and safety of the chickens and as a precaution against offensive odors. All food must be stored in airtight containers.
(9) 
Drinking fountains in the area where the coop is located shall be cleaned and supplied at all times with clean water.
(10) 
The yard in the area where the coop is located shall be clean and free from odors.
(11) 
The coop and run shall be constructed of such materials as to prevent predators (coyotes, foxes, bears, raccoons, and/or rodents, etc.) from entering therein.
(12) 
Chicken manure must be bagged and disposed of with household garbage or composted on site. All stored manure must be completely contained in a waterproof container. Any compost using chicken manure is required to be produced in an enclosed backyard composter.
(13) 
All chicken coops and runs are also subject to any and all applicable Board of Health regulations and requirements.
F. 
Severability clause. If any provision of this section is prohibited by law or judged by a court to be unlawful, void or unenforceable, that provision shall be severed from this section and rendered ineffective without modifying the remaining provisions, and shall not affect any other circumstances of or the validity or enforcement of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
G. 
Enforcement. The provisions of this section shall be enforced by the Police Department, Zoning Official, Construction Official, or Health Officer for the Borough of Fanwood.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
H. 
Violations and penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $500 for a first offense, for a second offense a fine not to exceed $1,000, and for a third offense, in addition to a maximum fine of $1,000, the Borough may revoke any permit granted under this section.