Borough of Hawthorne, NJ Livestock and Other Animals

Includes hogs, sheep, cattle, horses and goats, as well as all other live animals, except dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, which are household pets.

LIVE POULTRY

All manner of domestic and wild game, and shall include fowls, chickens, turkeys and pigeons, but shall not mean or include birds which are household pets.

PERSON

Includes a corporation, organization, firm and partnership, as well as an individual.

Whenever in describing or referring to any person, party, matter or thing any word importing the singular number or the masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as to one person or party and to females as well as males and to several matters and things as well as one matter or thing.

§ 136-25 Maintaining live animals or live poultry prohibited.

No person shall keep or maintain any live animals or live poultry within the Borough. Any person maintaining live animals or live poultry as of July 1, 2007, and maintaining a permit therefor, may continue to maintain such live animals or live poultry and shall secure a written permit therefor from the Board of Health, granted by said Board at one of its regular meetings.

§ 136-26 Application for permit.

Any person maintaining live animals or live poultry as of July 1, 2007, and maintaining a permit therefor as of such date, shall make written application to the Board of Health, setting forth therein what kind of live animals or live poultry the applicant desires to keep or maintain, the location and kind of enclosure in which the same are proposed to be kept or maintained, the approximate maximum number which the applicant is likely to keep and maintain and that, in the event a permit therefor is granted, he will not keep or maintain a greater number than the maximum which may be allowed by said permit.

§ 136-27 Expiration of permit; fee.

Any permit granted pursuant to this article shall expire on the 31st day of December in each year and, provided that said person shall continue to meet the full requirements of this article, shall be renewed annually. A fee as provided in Chapter 220, Fees, shall be paid for each such permit issued or for any renewal thereof. Every such permit or any renewal thereof may be revoked by said Board of Health for any violation of this article, which may be in addition to the imposition of any other penalty herein provided.

§ 136-28 Housing.

No live animals or live poultry shall be kept or maintained in any dwelling house or any part thereof or in any tenement house or in any part thereof or in any building occupied or capable of being occupied by human beings or be allowed to run at large, but the same shall be housed in proper structures suitable for the kind of live animals or live poultry being kept or maintained and enclosed in runways. Said structures and runways shall at all times be kept in a thoroughly clean and sanitary condition and be inoffensively and unobjectionably maintained. No part of any structure or runway shall be nearer than 75 feet to any building, occupied or unoccupied by human beings, or any church, school or public building.

§ 136-29 Applicability.

The provisions of § 136-28 of this article with respect to the location of structures and runways shall not apply to marketmen or persons dealing in live poultry, but in every such case a special permit shall be required, which permit shall be granted under such restrictions and conditions as the Board of Health may deem necessary for the public health.

§ 136-30 Nuisances.

No permit shall be issued for the keeping or maintaining of live animals or live poultry in any place where the same would be or constitute a nuisance to any person residing in the vicinity of the place where such live animals or live poultry are to be kept or maintained.

§ 136-31 Issuance of permit.

All renewal permits shall be issued by the Clerk of the Board of Health after approval thereof by said Board, as aforesaid, and shall specify the place where and the maximum number of live animals or live poultry that may be kept or maintained thereon.

§ 136-32 Violations and penalties.

Any person who shall violate or fail to comply with any of the provisions of this article shall, upon conviction thereof, be punished by a fine not to exceed $2,000 or imprisonment for a term not to exceed 90 days or a requirement to perform community service for a period not to exceed 90 days; and each day that a violation is permitted to exist shall constitute a separate offense.