[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:
A.
No hogs, pigs or swine may be kept, raised or maintained within 500
feet of any dwelling house, including that of the owners.
B.
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.
C.
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.
D.
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.
E.
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.
