[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.
The corral shall be constructed in such a manner
and of such material to prevent said animal or animals from running
at large.
Said animal, or animals, if left unattended,
shall remain confined in said corral, stable or coop.
[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.
