[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 as
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:
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]
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
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]
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]
Removal shall occur at once, without delay.
[Added 10-11-2005 by Ord. No. 05-21R]
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]
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]
Any individual, corporation, company, partnership, firm and/or
association.
[Added 10-11-2005 by Ord. No. 05-21R]
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
[Added 10-11-2005 by Ord. No. 05-21R]
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]
Waste matter expelled from the bowels of a pet; excrement.
[Added 10-11-2005 by Ord. No. 05-21R]
Any dog or dog hybrid declared potentially dangerous by the
Fanwood Municipal Court.
[Added 12-28-1999 by Ord. No. 99-25R]
An establishment for the confinement of dogs seized under
the provisions of this article or otherwise.
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]
Any establishment where pets are received, housed and distributed
without charge.
[Amended 2-8-2011 by Ord. No. 11-02R]
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]
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]
Any dog or dog hybrid declared to be vicious by the Fanwood
Municipal Court.
[Amended 12-28-1999 by Ord. No. 99-25R]
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]
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.
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 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 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]
The annual license fee for a kennel providing
accommodations for 10 or less pets shall be $50 and for more than
10 pets $75. The annual license fee for a pet shop shall be $50. No
fee shall be charged for a shelter or pound.
[Amended 2-8-2011 by Ord. No. 11-02R]
No pet kept in a kennel, pet shop, shelter,
or pound shall be permitted off such premises, except on a leash,
in a crate or under other safe control.
A.
License fees and other moneys collected or received
under the provisions of this article, except registration tag fees,
shall be forwarded to the 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 of $0.50 for each dog shall
be forwarded within 30 days after collection by the Borough Clerk
to the State Department of Health.
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 Poundmaster, 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.
[Amended 12-28-1999 by Ord. No. 99-25R]
The Poundmaster shall, after February 1 of each
year, promptly cause a canvass to be made of all dogs owned, kept,
or harbored within the Borough, and shall report to the Borough Clerk,
the Board of Health, and to the State Department of Health the result
thereof. His/her reports shall set forth in separate columns the names
and addresses of persons owning, keeping, or harboring such dogs,
the number of licensed dogs owned, kept, or harbored by each person,
together with the registration number of each dog, and the number
of unlicensed dogs owned, kept or harbored by each person, together
with a complete description of each unlicensed dog.
A.
The Poundmaster 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 Poundmaster 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 $0.50
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 Poundmaster may cause
the dog to be destroyed in a manner causing as little pain as possible.
[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.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
article.
No person shall keep, harbor or maintain any
dog which habitually barks, howls or cries. The habitual barking,
howling or crying of a dog or dogs in the Borough is hereby declared
to be a nuisance.
[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 private and/or public property.
[Amended 10-11-2005 by Ord. No. 05-21R]
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]
[Amended 6-14-2001 by Ord. No. 01-11R]
A.
No person owning, keeping or harboring any dog shall
suffer or permit it to be upon a public street or in any public place
unless such dog is accompanied by a person of at least 10 years of
age and is securely confined and controlled by an adequate leash not
more than eight feet long.
[Amended 8-9-2001 by Ord. No. 01-13R]
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:
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).
[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 punished by a fine not
exceeding $2,000 or by imprisonment for a term not exceeding 90 days,
and/or by a period of community service not exceeding 90 days. 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]
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.
CHICKEN
COOP
DROPPINGS
MATURE CHICKEN
PREDATOR
ROOSTS
RUN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A domesticated fowl of the subspecies Gallus gallus domesticus.
An enclosure, cage or pen, usually with bars or wire, in
which chickens are confined.
The excrement of chickens.
A chicken which has attained sexual maturity or an age of
at least three months.
An animal that poses a threat to chickens, such as hawks,
foxes, coyotes, rodents, etc.
A perch upon which chickens rest at night.
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
Westfield Board of Health.
(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 Officer. 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, racoons, 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 or bear the validity or enforcement of this section.
G.
Enforcement. The provisions of this section shall be enforced by
the Police Department, Code Enforcement Official(s), Construction
Official, or Health Officer for the Borough of Fanwood.
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.
