[Amended 5-2-2017 by Ord.
No. 2017-5]
Except as provided in Chapter
80 and Chapter
389 hereof, the keeping or harboring of domestic farm animals, wild animals or any other kind of animal, in violation of this chapter, is and shall hereafter be a nuisance.
It shall be unlawful to own or harbor or cause or suffer to
be owned or harbored any animal commonly thought to be of a wild nature,
such as deer, raccoon, squirrel or bat, except in a secure enclosure.
Cages, pens, fields, stables, areas, coops or other enclosures
maintained for the harboring of any animal shall be maintained in
a wholesome condition, free from rats, flies and other disease-carrying
animals and insects, and free from noxious odors.
No provision of this chapter shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state of federal governments.
The provisions of this chapter are severable, and should any
part thereof for any reason be held to be invalid or unconstitutional,
such decision shall not affect the validity of the remainder, but
they shall remain in effect, it being the legislative intent that
this chapter shall stand notwithstanding the invalidity of any part
thereof.
Any person or corporation having been found guilty of a violation
of the provisions of this chapter, upon complaint made pursuant thereto,
shall, for each violation, be penalized not more than $500 per day
per violation, or imprisonment in the county jail for a term not exceeding
90 days, or both, which penalty shall be paid to the Court and delivered
to the Treasurer of the Township of Delran.
This chapter shall be effective upon its adoption and publication
as provided for by law.
[Added 5-2-2017 by Ord.
No. 2017-5; amended 8-13-2019 by Ord. No. 2019-12]
A. Keeping of backyard chickens shall be permitted in the Township of
Delran subject to the rules and regulations as specified in this chapter.
B. The following shall be eligible to keep backyard chickens: adult
residents of single-family homes or adult residents of "twin" homes
or "row" homes which meet the criteria set forth in this section.
D. There shall be a limit of eight chickens per license. No roosters
are permitted.
E. The coop must have an enclosed run for chickens to access an area
outside of the coop. The coop and enclosed run shall be kept at least
20 feet from the habitable portion of the neighboring residential
dwelling and five feet from the property line. Garages, attached or
otherwise, and accessory buildings shall not be considered a "residential
dwelling" for purposes of calculating the required distance. Chickens
may roam outside of the coop and run areas in a backyard suitably
fenced to keep them contained provided that a person licensed to own
backyard chickens in Delran is present the entire time.
F. No person shall keep chickens on his or her property without first
obtaining a license from the Municipal Clerk's office and paying
the required fee therefor. Only one license to own backyard chickens
can be issued per Delran household address. No license shall be issued
unless the applicant therefor has demonstrated compliance with all
criteria set forth in this section. Every license issued pursuant
to this section shall expire on December 31 of each year. A license
shall not be granted unless the applicant certifies that there are
no deed restrictions which prevent chickens from being kept on the
property.
G. An annual license fee of $10 shall be paid for each license issued
pursuant to this section.
H. Each applicant desiring to keep backyard chickens shall be required
to take a class on the basics of raising backyard chickens. Proof
of attendance must be presented with the completed application. If
necessary, the Township will provide a class minimally once a year
at a nominal fee for anyone who has not previously met this requirement.
The handling of this class will be the responsibility of the Chicken
Advisory Board. A member of the Chicken Advisory Board will review
all applications for backyard chicken licenses to ensure they meet
the requirements of this chapter prior to the Township issuing said
license. Applicants agree to allow a Chicken Advisory Board member
to inspect the property for violations pursuant to the provisions
of this section.
I. The following regulations and conditions for the keeping and housing
of chickens shall be complied with:
(1) The coop shall be at least two square feet per chicken, with a maximum
coop size of 100 square feet.
(2) The coop shall be dry and well ventilated with windows to admit sunlight.
(3) The coop must be kept clean.
(4) The coop and enclosed run must be made predator-proof.
(5) Clean water must be provided, and food must be kept tightly closed
in a metal container away from the coop and run at night.
(6) The yard in the area where the coop is located shall be clean and
free from odors.
(7) There shall be no slaughter of chickens in the Township.
(8) Waste will be handled in such a way as proper composting to prevent
offensive odors or disposed in an environmentally friendly manner.
(9) There shall be no selling of eggs.
J. Chicken Advisory Board.
(1) A Chicken Advisory Board consisting of five members of the community
shall be formed. The Chair will be appointed to a two-year term by
the Mayor. The governing body will select the other four members who
will also serve for two years. Besides the Chair, of the remaining
members, one will be appointed Vice-Chair, and the other, Secretary
of the Board.
(2) The Board shall meet on a regular basis upon adequate public notice
as specified in the New Jersey Open Public Meetings Act and keep minutes which shall be submitted along with quarterly
reports to the governing body via the Township Council member selected
by the Township Council as liaison to the Chicken Advisory Board.
These reports will include any activities of the Board, as well as
any complaints from residents concerning backyard chickens and the
resolution, if any, of those complaints.
(3) The Board shall further record the number of backyard chicken licenses issued to residents of Delran, represent the licensed chicken owners at public Township meetings, attempt to resolve complaints from Delran residents concerning compliance with §
389-12, respond to questions concerning §
389-12, respond to requests for coop inspections, and respond to requests for classes on the basics of raising backyard chickens.
(4) The Board may share with Delran residents best practices for raising
backyard chickens and assist Delran residents licensed to own backyard
chickens in finding new owners for their chickens.
K. When a complaint is received by the Township concerning a household licensed to keep backyard chickens, it will be forwarded to the Chicken Advisory Board for investigation by two members of the Board. If the Board finds a violation of this section, solutions will be discussed with the offending resident to allow him or her to meet the requirements of §
389-12 as soon as possible. However, if after 30 days the violation has not been remedied, the Code Official will be notified so that enforcement proceedings can be implemented.
L. Failure to comply with the conditions and regulations set forth in
this section shall result in revocation of the license after notice
and a hearing before the governing body.