[HISTORY: Adopted by the Board of Health
of the Borough of Woodcliff Lake as indicted in article histories.
Amendments noted where applicable.]
[Adopted 7-9-1971 by Ord. No. 71-1BH (Ch.
266, Art. I, of the 1985 Code)]
For the purpose of this article, the following
definitions shall apply:
Includes but shall not be limited to mean all of the following
adult animals and their respective young: horses, ponies, sheep, goats,
cows, mules and donkeys.
No animal or animals shall be kept or maintained
in the Borough unless such animal or animals has a building for its
shelter and a fully enclosed coral or coop for its containment. The
running at large of such animal or animals is specifically prohibited.
A.
No building, stable, outhouse or accessory building
used for housing an animal or animals shall be located within less
than 75 feet from a property line of an adjoining property owner or
within 100 feet from any dwelling or within four hundred (400) feet
from any other building other than a common dwelling in which people
normally congregate, including but not limited to churches and meeting
halls and the like or where food is served or sold.
B.
No animal or animals shall be kept, harbored, grazed
or other way maintained within less than 25 feet of the property line
of an adjoining landowner or within 350 feet from any building in
which food is served other than a common dwelling in which people
normally congregate, including but not limited to a church meeting
hall or the like.
A.
The area requirement shall be one acre per animal
for the first two animals and each additional animal shall require
1/2 acre per animal.
B.
The keeping or maintaining of an animal or animals shall be forbidden unless such animal is kept on a plot of land of sufficient area so it shall conform to §§ 392-3 and 392-4A for the first two animals, one acre per animal, and an additional square footage for each additional animal to half of the requirements of §§ 392-3 and 392-4A, 1/2 acre per animal.
In the keeping or the maintaining of an animal
or animals, the following rules and regulations shall be applied:
A.
All stables, buildings or accessory buildings must
be cleaned weekly of all manure, feculent matter and waste.
B.
All manure, feculent matter and waste must be removed
from the premises or spread and treated with lime and with such other
chemicals as shall be necessary to prevent odor and the attraction
of insects and rodents.
C.
All stables, buildings or accessory buildings shall
be fogged or sprayed regularly with an insecticide which is designed
to kill flies and insects.
D.
All stable floors and corral areas shall be treated
with lime to control odor.
E.
All premises on which animals are kept must be maintained
in a sanitary condition.
F.
The keeping of animals in a manner that may foster
the breeding of insects and rodents and the germination of bacteria
and other infectious microbes is forbidden.
The Health Inspector and the Board of Health
are charged with the responsibility of administering this article.
Each animal must be free from sickness and contagious
disease. Should the Health Officer or the Borough Board of Health
have reasonable cause to question the health of any animal, it shall
have the authority to require, after notice to the owner, an examination
by a doctor of veterinary medicine within 48 hours, such examination
to be at the expense of the owner.
A permit shall be required to be obtained by
any person desiring to keep or maintain one or more animals as herein
defined in the Borough of Woodcliff Lake. Application for such a permit
shall be made to the Health Officer of the Borough of Woodcliff Lake.
The said application form shall be provided by the Board of Health
and shall set forth the name and address of the applicant, a description
of the premises by lot and block number and type of animals to be
kept, owned or harbored at the premises and shall illustrate, by diagram,
the lands and buildings to be used by the applicant and the relative
position of the buildings and the land to be used in respect to the
boundary line of the applicant's property and other building within
said lot or plot and the relative position of all other buildings
on land immediately adjacent on all sides of the land of the applicant.
[Amended 5-8-1985 by Ord. No. 85-2BH]
A license fee as provided in Chapter 396, Fees, Board of Health, shall be paid for each permit issued, and each such permit shall expire on May 15 of each year, unless sooner revoked by the Board of Health.
Any permit granted hereunder may be revoked
by the Board of Health for any violations of the provisions herein
and for good cause shown after five days' notice, in writing, to the
person, firm or corporation to which the permit was granted upon hearing
of the charges presented, and no permit so revoked shall be reissued
except for good and sufficient reason shown.
Any person, firm or corporation who now owns
animals as herein defined shall make application to the Health Officer
for a permit pursuant to and in accordance with the terms and provisions
of this article within 15 days after the effective date hereof, otherwise
any such persons, firm or corporation shall be deemed to be in violation
herein.
No permit shall be issued unless the applicant
is in compliance with the provisions of this article.
[Amended 5-8-1985 by Ord. No. 85-2BH]
Any person who shall do an act or omit to do
an act which is in violation of any operative provision of this article
shall be in violation of the law and, upon conviction thereof, shall
be subject to a penalty or fine of not more than $500 nor less than
$5, in the discretion of the court. Each day for which a violation
of this chapter continues shall be considered to be a separate violation
hereunder.
[Adopted 6-10-1992 by Ord. No. 92-1BH (Ch.
266, Art. II, of the 1985 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Includes those species of birds commonly known as "geese,"
"ducks" and "swans" and any other waterfowl falling under the jurisdiction
of the United States Fish and Wildlife Service.
It shall be unlawful for any person to:
A.
This article shall be enforced by the Health Officer/Agent
and the Police Department of the Borough of Woodcliff Lake.
B.
Whenever the Board of Health or President of the Board
of Health or the police become aware that migratory waterfowl are
being fed in violation of this article, they may issue a summons which
shall be answerable before the Municipal Judge.
C.
Whenever the Board of Health or President of the Board
of Health becomes aware that a congregation or congestion of migratory
waterfowl exists on public property, he may disperse or remove them
by any lawful means. However, before such dispersal or removal takes
place, the Health Officer/Agent shall meet and confer with the Board
of Health or its President and, with their advice and consent determine
the appropriate method, and considering first the health, safety and
welfare of the citizens of Woodcliff Lake and second the health, safety
and welfare of the migratory waterfowl.
D.
Whenever the Board of Health or President of the Board
of Health determines that the waterfowl shall be dispersed by noise
tactics, he may request assistance for the implementation of the plan
from the Police Department and/or the Public Works Department or from
any responsible citizen or citizens. This subsection shall not be
construed to authorize any private citizen to discharge any firearm
or to use any device which launches a projectile of any type. It shall
be used in a reasonable way respecting the rights of surrounding houses
from excessive noise levels.
E.
The Health Officer/Agent shall apply for and secure
all permits necessary by law before dispersing or removing the migratory
waterfowl.
Any person who is guilty of feeding migratory
waterfowl shall be punished by a fine of $10 and two hours of community
service for the first offense and $25 and five hours of community
service for the second and subsequent offenses.
