[Adopted by the City of Vineland Board of Health[1] 1-20-1953 by Ord. No. 7; amended in its entirety 10-8-1996 by Ord. No. 96-79 (Ch. 219, Art. II, of the 1990 Code)]
[1]
Editor's Note: The Local Board of Health authorized by Ord. No. 7 was abolished 7-27-1954 by Ord. No. 133. However, prior legislation adopted by the Board of Health continues in full force and effect until repealed, rescinded or amended by the City Council. See Ch. 62, Health, Department of.
The keeping or raising of three or more pigs shall require a license. The keeping of two pigs or one pig shall be permitted, but in such case the premises shall be subject to all state and local health and sanitation laws and ordinances.
In case a litter of pigs is born on premises not requiring a license, the young pigs shall be disposed of within three months after the date of birth.
A. 
No license for the breeding, raising or keeping of more than two pigs in the City of Vineland, in the County of Cumberland, shall be granted or issued unless the application shall be approved by the Director of the Department of Health or designee of the City of Vineland as to location, suitability and fitness for such use. Further, approval is subject to and contingent upon compliance with all state, county and local laws and ordinances.
B. 
The application for such license shall be accompanied by a plan giving the complete details of the premises intended to be used for the breeding, raising and keeping of pigs, as well as a plan of the pens or structures intended to be erected and used in connection with the breeding, raising and keeping of said pigs, and accompanied by the license fee hereinafter designated, together with a description of all buildings and dwellings within a radius of 2,000 feet from the premises proposed to be used for the breeding, raising and keeping of pigs, and also giving the full names and addresses of the owners of said buildings or dwellings, as well as the distance which said pen will be located from the nearest public road or street, dwelling house and boundary line of adjoining properties.
Upon receipt of such application and plans, said Director of the Department of Health or designee shall fix a time for the consideration of the issuance of a license therefor, which time shall not be less than 10 days nor more than 30 days after the receipt of such application. Notice shall be sent to the owners and occupants of all buildings and dwellings within a radius of 2,000 feet of the premises sought to be used for the breeding, raising and keeping of pigs, informing them of the receipt of the application and of the time set for the hearing of objections, if any, to the granting of the license. The granting of the license will not be approved by said Director of the Department of Health or designee whenever it appears that the granting of the same is or may be hazardous and detrimental to human health.
The application, plans and specifications shall be approved or rejected within a period of 30 days from the date of filing, and when approved, the Director of the Department of Health or designee shall issue the necessary license therefor.
Such license is not transferable to any person, persons, firms or corporations and is not transferable to any other premises than those described on the license.
The nonrefundable fees to be paid for said licenses herein shall be as follows:
A. 
For each original application: $500. This fee shall include the initial license and shall cover the cost of review of the application for compliance with federal and state codes, City zoning and planning ordinances, site visits, notices to neighbors, verification of code measurements, site plan requirements, public notices, public hearings and other related municipal expenses, including but not limited to legal and administrative costs.
B. 
For each renewal: $150. The license must be renewed before the expiring anniversary date of the initial license.
Any premises sought to be licensed to be used for the breeding, raising and keeping of pigs shall be so situate that the outer boundary of such piggery shall be not fewer than 500 feet from the nearest side line of any public road or street and not fewer than 650 feet from the nearest wall of any dwelling occupied by a person or persons other than the licensee or any hotel, boardinghouse, lodging house, restaurant or any other similar establishment and not fewer than 100 feet from the boundary line of the nearest adjoining property line owned or occupied by another person or persons other than the licensee.
It is incumbent upon the licensee to secure from Rutgers Cooperative Extension Service the most recent guidelines on swine management, including recommendations on housing, fencing, feeding equipment, feed, pasture, management, breeding, marking of pigs, health and sanitation. A copy of the guidelines in effect at the time of adoption of this article is on file with the City Clerk and with the Director of the Department of Health.
A. 
The following rules and regulations of the State of New Jersey with respect to swine disease control are hereby adopted by the City of Vineland in their entirety by reference hereto:
(1) 
N.J.A.C. 2:2-4.3. Minimum floor space.
(2) 
N.J.A.C. 2:2-4.4. Drainage of buildings.
(3) 
N.J.A.C. 2:2-4.6. Water supply.
(4) 
N.J.A.C. 2:2-4.15. Garbage spillage.
(5) 
N.J.A.C. 2:2-4.17. Trash on premises; storage; removal.
(6) 
N.J.A.C. 2:2-4.18. Feeding platforms.
(7) 
N.J.A.C. 2:2-4.19. Solid waste disposal.
(8) 
N.J.A.C. 2:2-4.20. Liquid wastes.
(9) 
N.J.A.C. 2:2-4.21. Dead animal removal.
(10) 
N.J.A.C. 2:2-4.22. Rodent and insect control.
B. 
A copy of the rules and regulations in effect at the time of adoption of this article is on file with the City Clerk and with the Director of the Department of Health.
C. 
Any swine farmer utilizing garbage as a food source for hogs must comply with all New Jersey Administrative Code regulations administered by the State of New Jersey, Department of Agriculture, which require a separate license to be acquired from the state. All other sections of the New Jersey Administrative Code related to swine as livestock, hog cholera, and sale of swine are administered directly by the State of New Jersey, Department of Agriculture, and any licensed piggery in the City of Vineland is subject to direct jurisdiction of the state with regard to disease control.[1]
[1]
Editor's Note: Original § 219-38D, which immediately followed this subsection and which referred to deleted Ch. 163, Animal and Poultry Waste, of the 1990 Code, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It is the intention of this article that any location specified herein shall also be subject, as to location, to the regulations of the Zoning Board and Planning Board of said City.[1]
[1]
Editor's Note: See Ch. 425, Land Use.
Any person or persons, firm or corporation who shall fail to comply with or shall violate any of the provisions of this article, in addition to the revocation of the license issued, shall be subject, upon conviction thereof, to forfeit and pay a penalty of not less than $100 and not more than $1,000, the amount thereof to be fixed by the City Judge of the City of Vineland or other Judge having jurisdiction in the case, to be recovered as provided for by statute; and in the event that said defendant (except corporations), after execution has been issued, shall fail, refuse or neglect to pay the amount of the judgment against him and all costs and charges incident thereto, said defendant may, in default of said payment, be committed by said Judge to the county jail for a period not exceeding 30 days.
A. 
In addition to the imposition of the penalty or penalties herein prescribed, the Director of the Department of Health or designee may, at his discretion, revoke any license or permit issued hereunder for any violation of the provisions of this article or of the State Sanitary Code whenever, after written notice from the Director of the Department of Health or designee, the owner or person in charge of such establishment fails or refuses to remedy the condition complained of.
B. 
Before any license or permit heretofore issued shall be revoked, the Director of the Department of Health or designee shall fix a time and place of hearing, which notice shall be served upon the licensee at least five days before the date set for hearing. Such notice of hearing shall specify the charges to be preferred against said licensee and the purpose of the hearing. At such hearing, said licensee shall have an opportunity to be heard in his or its own defense. After such hearing, the Director of the Department of Health, or designee, shall render a decision with respect to such charges.
A. 
In all allied matters that are regulated by the laws of the State of New Jersey, such laws shall control where the requirements are in excess of this article. This article shall control in all cases where the state law requirements are less than herein contained.
B. 
Furthermore, the rules and regulations of the United States Department of Agriculture, Subchapter K, Swine Health Protection, shall apply as required in their most current form.