[Adopted 3-11-1938; amended in its entirety 10-24-1994 by Ord. No. 1992-23 (Ch. 55, Art. I, of the 1976 Code)]
[Amended 3-14-2005 by Ord. No. 2005-5]
For purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein,
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not directory.
Off the premises of the owner or custodian of the animal
and not under the immediate control of the owner or custodian of the
animal.
An animal of Class I includes any wild mammal, reptile or
fowl which is not naturally tame or gentle, but is of a wild nature
or disposition and which, because of its size, vicious nature or other
characteristics, would not constitute an animal that should be permitted
in a residential community. An example of these types of animals shall
include, but not be limited to, the following: poisonous animals,
rear fang snakes, apes, chimpanzees, gibbons, gorillas, orangutans,
baboons, bears, bison, cheetahs, crocodiles, alligators, constrictor
snakes, coyotes, deer, elephants, game cocks and other fighting birds,
hippopotamuses, hyenas, jaguars, leopards, lions, lynx, monkeys, rhinoceroses,
sharks, tigers, wolves, raccoons, opossums, muskrats, ferrets and
other similar type animals.
An animal of Class II is a horse or any other animal belonging
to the biological order of the equine family.
An animal of Class III is a cow, sheep, pig/potbellied pig,
goat or any other animal commonly referred to as "livestock."
An animal of Class IV would be fowl such as any feathered
vertebrate animal, including, but not limited to, chickens, turkeys,
ducks, hens, cocks, pheasants or any other animal commonly referred
to as "barnyard fowl." This class of animal shall also include pigeons.
An animal in Class V is a rabbit. Two rabbits may be housed
outside on the premises without a special permit. Between three and
six rabbits may be kept or housed outside, but only with a special
permit issued in accordance with the provisions of this article.
An animal of Class VI is a domesticated animal which would
include, but not necessarily be limited to, a domesticated dog of
the canine family six months of age or older, but not those members
of the canine family living in a wild state; a domesticated cat of
the feline family six months of age or older, but not those members
of the feline family usually living in a wild state; a bird which
is housed within a living or dwelling unit such as a canary, parrot
or other similar type bird considered to be domesticated for keeping
as a pet; guinea pigs; and pet store fish not otherwise prohibited.
This definition does not apply to a kennel.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
[Added 6-13-2011 by Ord. No. 2011-14]
Defined as set forth in N.J.S.A. 4:19-15.1 and is any establishment
wherein or whereupon the business of boarding or selling dogs or breeding
dogs for sale is carried on, except a pet shop. A kennel shall require
a kennel license issued by the Township Clerk pursuant to New Jersey
state law.
Any person or persons who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet, or who shall own the property where the
animal is being housed or harbored.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
A properly permitted and licensed retail establishment that
deals in the sale of animals.
The keeping or housing of any animal of Class I within the Township
of Berlin is prohibited, except for the keeping of those animals used
for educational or research purposes by a recognized community institution
of learning or research or as permitted in a properly licensed pet
shop/store.
The keeping or housing of animals of Class II, III, IV or V
within the Township of Berlin is permitted only by special permit
issued by the Township Council pursuant to an application made by
the owner or custodian of such animal. The standards applied for consideration
and issuance of such special permit shall include but not be limited
to the following:
A.
No stable, building or enclosure shall be closer than 50 feet to
any other property line. This distance may be decreased or increased
depending on the type animal, number of animals, property size and
other pertinent factors of the application.
B.
Consideration to the number and type of animals proposed to be kept
in relationship to the size of the property in question.
C.
The type of stable, building or enclosure to be utilized for the
keeping of such animals, together with other factors relating to maintaining
such animals, i.e., cleaning and disposal of waste.
D.
The zoning and character of property within 200 feet.
E.
Assurance that all stables, buildings or enclosures are cleaned of
all waste, manure, garbage and other materials and the waste, manure,
garbage and fecal material is removed from the premises or treated
in such a manner as to prevent odor and the attraction of rodents
or insects and that all stables, buildings or enclosures are sprayed
or disinfected in order to prevent flies, fleas, insects and rodents.
A waiver from any of the requirements of § 87-3 of this article may be obtained based on facts specifically particular to the application, including consideration to whether the use preexisted the effective date of this article. In addition, an applicant shall have the opportunity to present evidence for consideration that the animal for which a special permit is being sought should be classified as a Class VI type of animal and not subject to the permit process.
An owner or custodian of a Class II, Class III, Class IV and
Class V animal shall submit a written application to the Township
for a special permit. The application shall be in a form furnished
by the Township Clerk and shall require the following information:
A.
The name, address and telephone number of the applicant.
B.
The Tax Map block and lot designation and street address of the property
where the animal(s) is to be maintained and housed.
C.
The identification of the type of animal and the number of animals.
D.
The provisions to be made for maintaining the animal, including a
complete description of the stable, building or enclosure to house
the animal.
E.
The methods to be used for keeping the animal stable, building or
enclosure clean and for the removal/disposal of waste material.
F.
The location of where the stable, building or enclosure is to be
placed on the property. Note that all stables, buildings or enclosures
can be no closer than 50 feet to any other property line, unless a
waiver is obtained from the Township Council.
G.
Identify the use of all adjoining property owners.
H.
Other information, as determined by the Property Maintenance Officer,
relating to particular circumstances or type of animal, property location,
etc.
[Amended 5-18-1998 by Ord. No. 98-6]
A.
Initial application. Upon the filing of a complete application for
a special permit, the Property Maintenance Officer shall review same
and inspect the property within 20 days after such filing. The Property
Maintenance Officer shall then issue a written report and recommendation
to the Township Council on the application. Upon receipt of this report,
the Township Clerk shall provide a copy to the applicant and schedule
a public hearing on the application by the Township Council within
30 days, but no more than 45 days, thereafter. The applicant shall
publish a notice of this public hearing in one of the official newspapers
of the Township at least 10 days prior to the hearing and provide
proof of said publication to the Township Council on the date of the
public hearing. In addition, the applicant shall provide notice of
the public hearing to all property owners within 200 feet at least
10 days prior to the date fixed for the hearing. The applicant shall
obtain the property owner list from the Township Land Use Secretary
at the appropriate fee charged for providing such a list. The applicant
shall provide to the Township proof of service on all property owners
within 200 feet by providing a copy of a certified mail form, a return
receipt card, or by a signed and notarized statement from the applicant
that notices were hand delivered by the applicant to the owners of
property on the list. The notice to be published in the newspaper
and to be provided to the property owners within 200 feet shall indicate
the name of the applicant, the tax block and lot of the applicant,
the property address, and the nature and type of permit being sought.
At the hearing, the applicant and members of the public shall be given
an opportunity to be heard. The report prepared by the Property Maintenance
Officer shall be on file at the Township Clerk's office for review
by any member of the public during normal business hours. Prior to
the commencement of the public hearing, the recommendation of the
Property Maintenance Officer on the application shall be read into
the record.
B.
Renewal application. An annual renewal application is required for the special permit to continue. The procedure set forth in Subsection A above shall apply to all renewal applications, except that a newspaper publication is not required. A renewal application is required to be filed at least 20 days prior to the expiration of the existing application.
[Amended 5-18-1998 by Ord. No. 98-6; 8-26-2000 by Ord. No. 2002-14; 4-29-2019 by Ord. No. 2019-3]
Upon the filing of an application pursuant to this article, the applicant shall pay a fee to the Township as set forth in Chapter 156, Fees. This fee is for processing of the application and the property inspection. An annual renewal fee as set forth in Chapter 156, Fees is required for the continuation of the special permit for the processing of the application and follow-up inspection.
Any and all animals defined herein must be kept healthy and
free from sickness and disease at all times. Should the Property Maintenance
Officer question the health of any animal, he shall have the authority
to require an examination by a doctor of veterinary medicine, such
examination to be at the expense of the owner or custodian of the
animal.
No animal may be kept or maintained in the Township of Berlin unless such animal has provided for it an uninhabited building, structure, enclosure, pen, coop or corral for shelter and/or containment, except for animals in Class VI, which may be housed in a dwelling used for human habitation, provided that waste is regularly removed from the premises, and the premises are maintained in such a way so as to prevent odor and the attraction of rodents and insects. In addition, the provisions of Chapter 87 of the Berlin Township Code shall apply to the keeping of dogs and other domesticated pets.
[Added 3-14-2005 by Ord. No. 2005-5; amended 10-24-2011 by Ord. No.
2011-22]
No person shall own, keep, harbor or maintain more than three
dogs of licensing age, three cats and/or three birds within the Township,
unless such person shall maintain a licensed kennel or pet shop as
provided for in this article.
[Amended 6-13-2011 by Ord. No. 2011-14]
Every person owning, keeping or harboring any animal shall prevent
the animal from running at large outside the premises of such person,
unless the animal is restrained by a fence, enclosure or leash, and
no animals shall be permitted upon the streets or any other public
ways of the Township of Berlin unless under the immediate control
of the owner or his or her authorized custodian, who is at least 12
years of age. Such action is declared to be a nuisance and dangerous
to the public health, safety and welfare of the residents of the Township
of Berlin.
The Township Property Maintenance Officer shall serve as the
local officer responsible for the enforcement of this article and
shall call upon any and all other state, county or local regulatory
officials for assistance as needed for the enforcement of this article.
All places and premises in the Township of Berlin shall be subject
to inspection by the Property Maintenance Officer or his appropriate
designee, if that official has reason to believe that any section
of this article is being violated; provided, however, that the right
of inspection granted pursuant to this section shall be limited by
all applicable constitutional restrictions. To this end, the enforcing
official shall make application to the Judge of the Municipal Court
of the Township of Berlin pursuant to the rules of court applicable
thereto for a search warrant for purposes of inspection pursuant to
this section, where, under the applicable authorities, such warrant
is required. It shall be unlawful for any person to hinder, obstruct,
delay, resist or prevent the Property Maintenance Officer, or any
enforcing official of the Township of Berlin or other regulatory agency,
from having full access to any place or premises upon which a violation
of this article is believed to exist. The Township Property Maintenance
Officer shall also be authorized to conduct an annual inspection prior
to the renewal of the special permit for which access to the property
must be granted in order for the special permit to be renewed.
Whenever a violation of this article is found, or a nuisance
is created under this article, on any land, lot, right-of-way or any
other private premises or place, notice in writing shall be given
to the owner thereof to remove or abate and correct same within such
time as shall be specified in such notice, but not less than five
days from the date of service of the notice. A duplicate of the notice
shall be left with one or more of the owners, tenants or occupants
of the premises or place. If the owner resides out of the state or
cannot be so notified in a prompt manner, such notice shall be left
at that place or premises with the tenant or occupant thereof or posted
on the premises at a conspicuous place.
[Amended 10-24-2011 by Ord. No. 2011-22; 3-12-2012 by Ord. No.
2012-2]
The keeping or housing of animals other than permitted by this
article, or in violation of any applicable rule, law, regulation or
statute, or the finding of an animal anywhere in the Township, other
than on the lands and premises of the owner or keeper of same, shall
be deemed to be a public nuisance. Such animal so identified and/or
found may be seized at once by the Property Maintenance Officer or
any police officer appointed within the Township, or any other duly
authorized and designated official. If it is practicable, such officer
shall hold and promptly dispose of such animal in as humane a manner
as possible. If, during the course of seizing and impounding any such
animal, the animal does pose a risk of serious physical harm or death
of any person, such person or persons authorized by the Property Maintenance
Officer or police officer may render said animal immobile by means
of tranquilizers or other safe drugs. If it is not practicable to
seize and/or hold such an animal because it poses an immediate threat
of physical harm to either such official or to any other person in
the Township, then such official may destroy the animal in order to
prevent risk of serious physical harm or death to any person. Any
reasonable cost incurred by the Township in seizing and/or impounding
an animal for violation of this article, or in connection with the
dropping off at a shelter or abandoning of any animal, shall be charged
against the owner, keeper, custodian or harborer of such animal, and
there shall be a charge to be collected by the Township to defray
such cost and expense. This charge shall be in addition to any fine
or penalty provided for violating this article.
This article shall apply to all owners of animals within the
municipality prior to the date of its adoption.
Any person who violates any provision of this article shall,
upon conviction, be liable to the payment of a fine not exceeding
$1,000 or 30 days' imprisonment, or both. Such penalties shall be
imposed within the discretion of the Municipal Court Judge of the
Township of Berlin, giving due consideration to the dangerous propensity
of the animal and the intentional or nonintentional aspect of the
owner's or keeper's violation. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
