[HISTORY: Adopted by the Board of Health of the Township of Kingwood 7-21-1951. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
GARBAGE
Includes all waste material from the tables of hotels, restaurants and private homes, and all other waste products from kitchens, stores, bake shops or other places where food is prepared, consumed, handled or sold for human use.
PERSON
Includes firm, partnership, corporation, an individual or one or more individuals.
PIGS
Includes hogs, swine, shoats and pigs more than 60 days of age.
TANKAGE
Sterilized, dehydrated, ground animal protein.
The granting of a permit hereunder shall in no way authorize the creation of a nuisance or the maintenance of an obnoxious condition and shall in no way regulate or prevent the passing of future ordinances concerning the prohibition of or the limitation upon the keeping of pigs or the bringing of garbage into this Township.
A. 
No person shall have, keep, raise or maintain more than 10 pigs in this Township without first procuring a license as hereinafter required. The number of licenses will be limited to three.[1] Whenever a license is revoked or whenever the full number of licenses is not issued or applied for within 30 days after the beginning of the licensing period, the permitted number of licenses shall be decreased accordingly. The license period shall be from the first day of September to the 31st day of the following August of each year.
[1]
Editor's Note: On 10-20-1951 the Township Committee adopted an ordinance which recognized and approved the assertions in the preamble of the Board of Health ordinance regulating the keeping of swine and which provided that "there shall be no more than three commercial piggeries within the Township of Kingwood, 'commercial piggeries' being defined by the ordinance adopted by the Board of Health of this Township."
B. 
No license shall be issued to any licensee to keep more than 500 pigs.
The prohibition contained in § 157-3 shall not apply to farmers raising not more than 100 pigs in the regular pursuit of their agricultural operations where said pigs are fed exclusively on produce raised on the farm whereon they are kept, or are fed on produce raised on the farm where they are kept supplemented by commercial grain rations and tankage.
A. 
Applications for a license shall be made upon a form supplied by the Board of Health and a license fee of $50 shall accompany the application. In case the application is refused, the fee shall be returned to the applicant.
B. 
The Board of Health shall inspect the premises of the applicant prior to issuing a license.
C. 
The Board of Health shall set a date for a public hearing upon the application. It shall be the duty of the applicant to publish a notice of his intention to apply for a license in a newspaper circulating within the Township at least two weeks before the date for issuing such license.
D. 
The Board of Health, after said hearing, may refuse said license, grant it as requested, grant it upon condition or grant it in modified form as the findings of the Board may show to be for the best interest of the safety, health, welfare, comfort and well-being of the residents of the Township.
E. 
Said license shall not be assignable, and the license shall be limited to the premises on which the licensee had pigs on May 19, 1951. Each licensee shall accompany his application with a legal description of the property to be licensed.
F. 
All applicants, in accepting a license, must agree to conform to the requirements of this chapter.
Any person having or keeping pigs under a license issued under this chapter shall comply with the following provisions:
A. 
All buildings, yards or enclosures in which any pigs shall be kept shall be at all times in a neat, orderly, clean and sanitary condition.
B. 
All buildings used for the keeping of pigs shall be provided with a concrete or other nonabsorbent floor built above the surface of the surrounding ground, with a concrete or other nonabsorbent sidewall on all enclosed portions extending 36 inches above the floor and so joined with the floor as to furnish a cove or curved surface for easy cleaning.
C. 
All feeding shall be done under cover upon a concrete floor or floor of nonabsorbent character.
D. 
A suitable receptacle for manure and other waste material shall be constructed of concrete or other nonabsorbent material, shall be under cover, shall be watertight on the sides and bottom and shall be covered by a tight removable top to prevent the escape of odors and access of flies or other insects to the same. Compliance with this subsection shall not be necessary if manure is spread daily. Dung, manure and feed residue shall be removed from the area where pigs are kept at least once daily. When the material is spread upon the ground, it shall be spread in thin applications so as to dry quickly, but the same area shall not be spread more often than once in every 30 days, unless the ground is plowed under in the interval between spreading.
E. 
All liquid waste, including water used to wash down the sidewalls, liquids from the sheds, the barns, from the manure pit or loading area, and any water from washing trucks or other equipment, shall be conducted by a suitable drain to an underground cistern and disposed of either in an approved sewage disposal field or pumped into a closed tank and spread upon the fields in such a manner and at such time as to prevent it from gathering in pools or running off the land.
F. 
There must be an available supply of water kept under at least 20 pounds' pressure, equipped with sufficient hose connections to allow all parts of the building wherein pigs are kept to be completely hosed down at least once in each seven days or at such times as the Board of Health shall indicate.
G. 
All buildings where pigs are kept shall be whitewashed semiannually.
H. 
Proper equipment and material shall be constantly kept on hand and used as required to control flies and other insects.
I. 
All dead animals shall be buried or removed within 24 hours of death.
J. 
All runs or yards used for pigs, except those used for brood sows, shall be of concrete or other nonabsorbent material and be drained as specified in Subsection E above.
K. 
All runs shall be securely fenced or enclosed and no depressions containing liquids shall be allowed.
No person operating under a license issued hereunder shall locate any building, pig run, yard or pasture wherein pigs are kept closer than 500 feet to any highway or closer than 1,000 feet to any dwelling or residence other than the dwelling or residence on the farm whereon said pigs are kept.
A. 
The area wherein pigs are kept, except where they are housed in closed buildings, shall be completely fenced with a sturdy, well-constructed, closely woven wire fence or other equally effective fence so as to prevent any pigs from trespassing on adjoining property.
B. 
No pig or pigs shall be allowed at large upon the owner's property outside of properly fenced pasture. Any sick or diseased pig which escapes from the owner's property may be a cause for revoking the owner's license.
No garbage or vegetable matter and no flesh of any animal, fowl or fish shall at any time be transported upon the highways of this Township or brought into this Township for the purpose of feeding the same to pigs within the Township. This section shall not be effective prior to January 1, 1952, as to existing piggeries as of May 19, 1951.
Where there are presently existing commercial piggeries within the Township, the following rules shall govern:
A. 
If there are more applicants than licenses to be granted, piggeries already in existence shall have preference.[1]
[1]
Editor's Note: See § 157-3, which limits the number of licenses for piggeries to three and the number of pigs that may be kept under a license to 500.
B. 
If the buildings being used at the time of the adoption of this chapter violate § 157-6 hereof, the requirements of that section shall be waived for a period of six months, but no additional building shall be constructed in violation thereof. No license shall be renewed until all the provisions of § 157-6 have been complied with.
C. 
The requirements of § 157-6 may be suspended for six months so far as they apply to buildings presently used for pigs, provided the licensee carries out all sanitary directions given by the Township Board of Health. This exemption shall not apply to buildings constructed subsequent to the enactment of this chapter.
[Amended at time of adoption of Code (see Ch. 135, General Provisions, Board of Health, Art. I)]
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, pay a fine of not less than $10 nor more than $500. Each and every day that any violation of this chapter occurs or is allowed to continue after occurring shall constitute a different offense, subjecting the violator, upon conviction thereof, to a fine for each offense. The Township Board of Health may revoke the license of any person who fails to pay his fine within five days of the same being imposed. Any person having three convictions shall be barred from having a renewal of his license.