[Adopted 8-5-2019 by Ord.
No. 2019-7[2]]
[1]
Editor's Note: The agreement entered into between the Town
of Newton and the Township of Sparta to provide animal control services
and shelter facilities in accordance with the terms of a contract
dated December 28, 1982, a copy of which has been filed with the Clerk
of the Township of Sparta, is currently in effect.
[2]
Editor’s Note: This ordinance also repealed former Art.
I, Keeping and Housing of Animals and Fowl, adopted 6-8-1970.
As used in this article, the following terms shall have the
meanings indicated:
"At large" shall mean off the premises of the owner or custodian
of the animal, and not under the immediate control of the owner or
custodian
Any animal that has been bred and/or raised to live in or
about the habitation of humans and is dependent on people for food
and shelter, and not raised for commercial gain, including among others
dogs, cats, guinea pigs, reptiles, chickens and fish; and excluding
poisonous and dangerous animals such as lions and bears, livestock
such as horses and cows, and other animals weighing more than 100
pounds.
Domestic animals shall be permitted within all zones within
the Town of Newton.
No person shall permit any animal regularly housed on his property
or in his possession to run at large, nor shall any animals be permitted
upon the streets or other public ways of the Town unless under the
immediate control of the owner or his authorized custodian. Such action
is declared to be a nuisance and dangerous to the public health and
safety.
The keeping of chickens in the Town of Newton, other than for farm and agricultural uses permitted per Code § 320-28J, shall be subject to the following requirements:
A.
A maximum of five female chickens shall be permitted on any lot.
B.
The keeping of roosters (mature male chickens) and cockerels (young
male chickens) is prohibited.
C.
Chickens shall be provided with a fully-enclosed shelter (coop) and
a run or fenced enclosure, with the following requirements:
(1)
Shelters and runs or fenced enclosures are permitted in the rear
yard only;
(2)
Shelters and runs or fenced enclosures shall be located a minimum
of five feet from a fenced-in property line, and 10 feet from any
nonfenced-in property line and a minimum of 25 feet from any residential
dwelling;
(3)
Only one shelter shall be permitted on any lot, with a maximum permitted
area of any shelter of 100 square feet, and the total area of shelters
and attached run shall be a maximum of 150 square feet;
(4)
Shelters/coops shall not exceed six feet in height.
D.
The shelter and enclosures shall remain in good repair and in a clean
and healthy condition, free from accumulation of waste, free from
noxious or offensive odor, and free from any condition which may breed
flies or other insects. Slaughtering chickens in public view is prohibited.
E.
Storage of manure, waste and odor or dust producing substances shall
be kept in a water-tight container, disposed of in accordance with
health code and accepted agricultural practices; and such manure and
waste storage shall be located at least 10 feet from any lot line
and a minimum of 25 feet from any residential dwelling.
F.
This section shall not be applicable to and shall exempt all agricultural
and/or farming programs and/or other similar types of programs provided
by Newton High School.
[Added 11-14-2022 by Ord. No. 2022-23]
