[Adopted by the Board of Health 4-27-1965 by Ord. No. 735 (Ch. 5 of the 1969 Code)]
[Amended 2-19-2013 by Ord. No. O:2013-04]
It shall be unlawful for any person, firm, or corporation to own, harbor, keep and maintain any pigeons, fowl, horse, cattle, goat, swine or other domestic or wild animal, excepting cats and dogs, within the limits of the Town of Phillipsburg, without first obtaining a permit therefor from the Zoning Officer or Animal Control Officer of the Town of Phillipsburg.
[Amended 2-19-2013 by Ord. No. O:2013-04]
Any person, firm or corporation desiring to own, harbor, keep or maintain any pigeons, fowl, horse, cattle, goats, swine or other domestic or wild animal, excepting cats and dogs, shall make an application in writing to the Zoning Officer or Animal Control Officer of the Town of Phillipsburg for a permit. Such application shall be made upon forms to be furnished by the Zoning Officer or Animal Control Officer and shall set forth the name and address of the applicant and a description of the premises to be used by lot and block according to the Tax Map of the Town and shall illustrate by diagram the land and buildings to be used by the applicant and the relative position of the buildings or corral to be used for the keeping and harboring of the animal or animals with respect to the boundary lines of the applicants' property and other buildings within said plot or lot and the relative position of all other buildings on lands immediately adjacent on all sides of the land of the applicant.
[Amended 2-19-2013 by Ord. No. O:2013-04]
A license fee of $50 shall be paid for each permit issued. Such permit shall not be transferable. And each such permit shall expire on December 31 of each year unless sooner revoked by the Zoning Officer or Animal Control Officer.
No permit shall be issued unless the applicant has a completely enclosed building which is suitable to be used as a stable or coop and a corral to keep and harbor said animal or animals. Any said stable, coop, corral and pen shall be at least 50 feet from the doors or windows of any neighboring residential or business dwelling and at least three feet from any neighboring property line.
The building, stable, coop, corral and pen shall be kept reasonably clean at all times to prevent offensive odors and accumulation of manure and organic refuse; and the said building, stable or coop shall be kept in good repair, waterproof and free from rats and vermin, and properly ventilated.
[Amended 2-19-2013 by Ord. No. O:2013-04]
Crowing roosters, cattle, goats or swine shall only be kept upon a farm or tract of land containing at least three acres; and upon parcels of land less than three acres, no more than five fowl, or two other animals, except cats or dogs, shall be kept by any one applicant at any one location. Crowing roosters are expressly prohibited upon parcels of land less than three acres.
Registered homing pigeons, without restriction as to number, are allowed within the Town; provided all other terms of this article are complied with.
[Amended 2-19-2013 by Ord. No. O:2013-04]
All manure, pending disposal, shall be kept or stored in tightly covered metal containers, or in such manner as shall be approved by the Zoning Officer or Animal Control Officer, as not to create a nuisance or breed flies.
[Amended 2-19-2013 by Ord. No. O:2013-04]
Any permit issued hereunder may be revoked for any violation of the provisions of this article or for any variance from the terms of the application for such permit, or if the premises upon which such pigeons, fowl, horse, cattle, goat, swine or other domestic or wild animal or animals are housed are not kept at all times in a clean and sanitary manner. Notice of intention to consider the revocation of such permits shall be served upon the party named in the application therefor, either by delivering the same to him personally, or by mailing the same to the address given in the application for the permit, at least five days before the consideration of such revocation, which notice shall state the time and place when and where the Town Council will consider the question of such revocation. The person so notified of the intention to consider revocation, as aforesaid, shall be permitted to enter a defense either personally or through counsel; and if the charge made in such notice is established, the Town Council may suspend or revoke said permit.
[Amended 6-19-1969 by Ord. No. 998; 6-18-1985 by Ord. No. O:85-13]
Any person, firm or corporation who shall violate any provision of this article or fail to comply therewith shall severally, for each and every such violation and noncompliance, forfeit and pay a penalty of not more than $500. The imposition of a penalty for a violation of this article shall not excuse the violation or permit it to continue; and such violation shall be remedied within a reasonable time. The imposition of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
[Added 2-19-2013 by Ord. No. O:2013-04]
In addition to the Town Zoning Officer and Animal Control Officer, the Town Inspections Department shall have the authority and jurisdiction to enforce violations of this article.