[HISTORY: Adopted by the Board of Health of the Borough of
Oradell 4-10-2017 by Ord. No. 17-01. Amendments noted where applicable.]
No person shall keep or maintain any live poultry, pigeons or
other fowl, whether for commercial or noncommercial purposes, within
the Borough of Oradell.
As used in this chapter, the following terms shall have the
meanings indicated:
The Oradell Health Department.
The health officer employed or contracted by the Borough
of Oradell consistent with N.J.A.C. § 8:52-4.1 or his/her
authorized representative or designee.
For purposes of this chapter, an individual, partnership,
cooperative, association, corporation, personal representative, receiver,
trustee, assignee, or any other legal entity.
Includes all live chickens, roosters, ducks, pigeons, geese
or other poultry or fowl. Domestic birds such as canaries, parakeets
and parrots are not included.
A.
The enforcement authority for this chapter shall be the Health Officer
or his/her designee.
B.
The Health Officer may, after giving proper identification, inspect
any matter, thing, premises, place, person, record, vehicle, incident,
or event as necessary to execute his or her official duties in a manner
prescribed by law.
C.
It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Health Officer in the enforcement
of this chapter, and the Health Officer may request the assistance
of the Oradell Police Department or other police agency or peace officer
when necessary to execute his or her official duties in a manner prescribed
by law.
D.
Citizens may bring complaints against violators of this chapter.
Any person already keeping or maintaining any live poultry,
pigeons or other fowl, whether for commercial or noncommercial purposes,
within the Borough of Oradell as of the effective date of this chapter
shall be exempt from penalty under this chapter for a period of one
year. After this one-year grace period, this chapter shall apply to
all persons in the Borough of Oradell.
A.
A person who violates the provisions of this chapter shall be liable
to a civil penalty of not less than $250 for the first violation,
not less than $350 for the second violation, and not less than $500
for the third and each subsequent violation. Complaint shall be made
in the Municipal Court of Oradell or before such other judicial officer
having authority under the laws of the State of New Jersey.
B.
Each live chicken, rooster, duck, pigeon, goose or other poultry
or fowl shall constitute a separate violation.
If any section or provision of this chapter be adjudged invalid,
unconstitutional, preempted by federal or state law, or otherwise
invalid by any court of competent jurisdiction, the same shall not
affect the validity of the chapter as a whole or any other section
or provision hereof.
