[HISTORY: Adopted by the Board of Health of the Township of Delran 11-24-2009 by Ord. No. 2009-22. Amendments noted where applicable.]
It shall be unlawful for any person, firm, partnership or corporation, hereinafter referred to under the generic term "person," to have, keep, raise or maintain any hogs, pigs or swine, or dispose of, dump or spread any dung, manure or other offensive or noxious matter produced in the keeping of hogs, pigs or swine, within the limits of the Township of Delran, except as hereinafter provided.
No person shall have, keep, raise or maintain any hogs, pigs or swine within the limits of the Township of Delran without first having procured from the Board of Health of the Township of Delran a permit for that purpose, as hereinafter more particularly set forth.
Such permit may issue only upon written applications therefor and shall be limited by the following terms and conditions:
No hogs, pigs or swine may be kept, raised or maintained within 500 feet of any dwelling house, including that of the owners.
No permit shall allow the holder thereof to have, keep, raise or maintain more than 10 hogs, pigs or swine, plus one additional animal for each acre of land owned and under actual agricultural cultivation by said licensee in excess of 10 acres.
The issuance of the basic license covering a maximum of 10 hogs, pigs or swine shall require the payment of a fee to the local Board of Health of $25 per annum. Where additional animals are to be kept, raised or maintained, an additional fee of $2 per annum per head shall be paid to the local Board of Health, such additional fee to be based upon the aggregate number of such animals kept, raised or maintained on said premises as established by verified quarterly reports of the owner which shall be submitted to said local Board. The license fee shall be prorated from date of issuance.
Said license shall expire on the first day of January of each year, or prior thereto if the premises licensed shall be converted to a use other than provided in this chapter or said permit is revoked for any violation of this chapter.
Said license, when issued, shall not be assignable except upon written approval of the local Board of Health.
All buildings, yards, enclosure or premises in which any hogs, pigs or swine shall be kept, raised or maintained shall be at all times kept in a neat, orderly, clean and sanitary condition and in a manner which will not give offense to or become a nuisance to adjacent property owners or passersby or the public generally.
No person shall have or keep upon any premises in the Township of Delran any hogs, pigs or swine in any pen or enclosure which shall not be provided with a suitable concrete floor, or hardwood feeding trough or platform, so that both floor and trough can be easily washed out and drained; and all side walls and partition walls of all enclosures or pens must be kept clean and free from filth. All dung, manure, garbage or other offensive or noxious matter must be removed from said pens and feeding troughs and the said pens flushed with a hose at least once every 24 hours.
A suitable receptacle for dung, manure or other offensive or noxious matter shall be constructed as the Board of Health may direct, with the following as minimum requirements:
No dung, manure or other offensive or noxious matter produced in the keeping of hogs, pigs or swine shall be dumped or spread upon any land within the Township of Delran unless same shall be plowed under or covered with soil within five hours after the dumping or spreading thereof.
Every owner, lessee or occupant of a building or premises whereupon any hogs, pigs or swine may be kept within the Township of Delran shall keep the same at all times free from any solid or liquid discharge or excrement, dung, soil or filth, and free from any condition where noxious or offensive odors may be present or emanate, and free from any condition which may breed flies or other insects.
It shall be unlawful for any person, firm, partnership, corporation, or their servants, agents or employees, keeping or having the management or control of any premises within the Township of Delran subject to the provisions of this chapter, to commit, allow, suffer or permit the violation of any of the provisions of this chapter upon said premises.
At any time after granting of the license or permit, the Board of Health of the Township of Delran may, in the exercise of its judgment and after five days' written notice, revoke said license or permit even though the site has been previously approved by it.
It shall be the duty of the Board of Health of the Township of Delran to inspect or cause to be inspected, as often as said Board may deem necessary, all premises wherein hogs, pigs or swine are kept, raised or maintained, and all premises wherein said Board or its duly authorized agent has reason to believe that hogs, pigs or swine are kept, raised or maintained; and employees as well as all members of the Delran Township special police shall have full and free access, ingress and egress to all barns, pens, stables and places of every kind or character, and shall have power to enter and inspect the premises used in connection with any such barns, pens, stables or places for said purpose.
It shall be unlawful for any person to in anywise interfere with any member of the Board of Health of the Township of Delran, its officers, agents or employees as well as all members of the Delran Township special police in the discharge of their duties under this chapter.
The word "person," as used in this chapter, shall be construed to import both the plural and the singular, as the case may demand, and shall include corporations, companies, societies and associations as well as individuals. When construing and enforcing any provision of this chapter, the act, omission or failure of any officer, agent or other person acting for or employed by any individual, corporation, company, society or association shall in every case be deemed to be the act, omission or failure of such individual, corporation, company, society or association as well as that of the person.
Any person failing to comply with or violating any provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $500, or imprisonment in the county jail for a term not exceeding 90 days, or both, for each and every separate violation thereof, in the discretion of the Municipal Judge or such other court of competent jurisdiction before whom such hearing shall be had and conviction obtained.
In case of the failure to pay any fines imposed under this chapter, the person or persons so affected shall be imprisoned in the county jail for a period not exceeding 90 days, at the discretion of the Municipal Judge or such other court of competent jurisdiction before whom conviction may be had.
All persons subject to the provisions of this chapter shall, within 30 days of its final adoption, make written application to the Board of Health for the required license, giving full particulars as to the numbers of hogs, pigs or swine in their possession; the area of land devoted to said purpose; the number, size, type and construction of troughs, etc.; distance from nearest residence; and all other pertinent information.
In order to prevent undue hardship, the Board of Health may, for good cause shown, grant a temporary or conditional license to any person subject to the provisions of this chapter for a period of 90 days to afford them an opportunity of conforming with the provisions of this chapter. Where such persons have a larger number of hogs, pigs or swine on their premises than the maximum permitted by this chapter on the date of its final adoption, said persons shall be granted a period of six months from the date of said final adoption to reduce their herd to the maximum permitted by the ordinance. However, at no time during said six-month period may said herd be increased in excess of the number on the premises on the date of said final adoption of this chapter be replaced until the maximum established by this chapter has been reached.
If any clause, section, provision or paragraph of this chapter shall be held to be unconstitutional or otherwise invalid, said clause, section, provision or paragraph shall be held to be severable or divisible, and said ruling shall not affect the validity of any of the remaining provisions.
Each and every day that any violation of this chapter occurs or is permitted to occur may be construed as a separate and distinct violation, subjecting the violator, upon conviction thereof, to the fines and punishments herein provided.
Each and every hog, pig or swine maintained on the premises in excess of the maximum herein provided for may be construed as a separate and distinct violation by the owner, his servants, agents and employees, subjecting the violators, upon conviction thereof, to the fines and punishments herein provided.
This chapter shall be construed as being enacted for both regulatory and revenue purposes and to preserve, promote and protect the general health, welfare, comfort and well-being of the residents of this community and adjacent areas.
No permit shall permit the holder thereof to keep, raise or maintain such animals in any area where the same are now or hereafter may be prohibited by any provisions of the Zoning Ordinance of the Township of Delran.
All ordinances and parts of ordinances heretofore adopted inconsistent with the provisions of this chapter be and the same are hereby repealed.
This chapter shall take effect 30 days after final passage and publication as provided by law.