[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)]
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]
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]
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.
