[HISTORY: Adopted by the Board of Health of the Township
of Delran 11-24-2009 by Ord. No. 2009-22. Amendments noted where applicable.]
[Amended 5-2-2017 by Ord.
No. 2017-5]
A.
Compliance with chapter required. No person shall own or harbor or
cause or suffer to be owned or harbored any animal other than in compliance
with this chapter.
B.
Prior existing violations. If, on the effective date hereof, any person harbors domesticated farm animals in zones prohibited by § 389-3, in shelters nearer to neighboring dwelling houses than is permitted by § 389-3, or upon premises having an area less than that required by § 389-3 hereof, he may continue to do so if he otherwise complies with the provisions of this chapter; provided, however, that no such person shall increase in number such animals, move nearer such premises to neighboring dwelling houses, or decrease the size of such premises.
C.
Registration. Any person whose possession or ownership of animals is in noncompliance with the aforementioned provision of § 389-3, and who continues after the effective date hereof to own or harbor such animals as a prior existing violation, shall register such animals with the Board of Health upon a form to be supplied by the Board of Health. After three months following the passage of this chapter, it shall be conclusively presumed by the Board of Health and by any court wherein it is sought to enforce this chapter that the animals then unregistered were acquired after the effective date hereof.
A.
Limitation on numbers and locations. It shall be unlawful to keep
or harbor any horses, ponies, cattle, pigeons or poultry (regardless
of the age or sex of such animals) except:
(1)
In areas zoned for agricultural use;
(2)
Upon premises on or at which the stable, pen, cage, coop or other
facility to house such animal (should any be thereon situate) is farther
than 150 feet from any neighboring dwelling house; and
(3)
In the case of horses, upon a field containing not less than one
acre for each horse; in the case of cattle, upon a field containing
not less than one acre for each such animal; in the case of ponies,
upon a field containing not less than 1/2 acre for each pony; and
in the case of sheep and goats, upon a field containing not less than
1/4 acre for each such animal.
B.
Restraint. It shall be unlawful to keep or harbor any domesticated
farm animal except upon premises surrounded by a fence of sufficient
size, strength and design to restrain such animal from wandering;
provided, however, that nothing herein shall prohibit the presence
of a domesticated farm animal in or upon public or private property
while in the presence and control of its owner or person in possession.
It shall be unlawful to own or harbor or cause or suffer to
be owned or harbored any animal commonly thought to be of a wild nature,
such as deer, raccoon, squirrel or bat, except in a secure enclosure.
Cages, pens, fields, stables, areas, coops or other enclosures
maintained for the harboring of any animal shall be maintained in
a wholesome condition, free from rats, flies and other disease-carrying
animals and insects, and free from noxious odors.
A.
Any license issued under the terms and provisions of this chapter
may be suspended or revoked by the Board of Health of the Township
of Delran for the violation by the licensee of any provision of this
chapter, or whenever it shall appear that the business, trade, calling,
profession or occupation of the person or corporation to whom said
license was issued is conducted in a disorderly or improper manner
or in violation of any law of the United States, the State of New
Jersey or any ordinance of this municipality or of this Board of Health,
or that the licensee or its agent is of unfit character to conduct
the same, or that the purpose for which the license has been issued
is being abused to the detriment of the public or is being used for
a purpose foreign to that for which the license was issued.
B.
A license issued under the terms and provisions of this chapter shall
not be revoked, cancelled, or suspended until a hearing thereon shall
have been had by the Board of Health. Written notice of the time and
place of such hearing shall be served upon the licensee at least three
days prior to the date set for the hearing. Such notice shall contain
a brief statement of the grounds to be relied upon for the revoking,
cancellation or suspension of such license. Notice may be given either
by personal delivery thereof to the licensee or its agent or be deposited
in the United States mail in a sealed envelope, postage prepaid, addressed
to such person at the business address appearing upon said license.
At the hearing before the Board of Health, the licensee shall have
an opportunity to answer and present witnesses and may cross-examine
other witnesses that may thereafter be heard, and upon due consideration
and deliberation by the Board of Health, the complaint may be dismissed,
or if the Board of Health concludes that the charges have been substantiated
and sustained, it may revoke, cancel or suspend the license held by
the licensee.
C.
If any such license shall have been revoked, neither the holder thereof
nor any person acting for him, directly or indirectly, shall be entitled
to another license to carry on the same business within the Township
of Delran unless the application for such license shall first have
been approved by the Board of Health.
No provision of this chapter shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state of federal governments.
The provisions of this chapter are severable, and should any
part thereof for any reason be held to be invalid or unconstitutional,
such decision shall not affect the validity of the remainder, but
they shall remain in effect, it being the legislative intent that
this chapter shall stand notwithstanding the invalidity of any part
thereof.
A.
Order for abatement. Upon the complaint of any citizen of the Township
of Delran made verbally or in writing, the Board of Health shall investigate
any violation of this chapter or condition declared by this chapter
to be a nuisance and upon determining that a violation or nuisance
exists, shall order in writing by mailing to the person or corporation
violating the provisions of this chapter or creating a nuisance, a
notice directing that the violation or nuisance be abated within 10
days of the mailing of such notice. Such notice shall be mailed to
the occupant of the property upon which such violation or nuisance
exists, or in the case of licensees, to the business address appearing
upon such license, by certified mail, return receipt requested.
B.
Complaint. In addition to and notwithstanding any other means of
enforcement provided for by this chapter or by the laws of this state,
and upon notice to him that any person or corporation shall have violated
the provisions of this chapter, the Health Officer may, by complaint
filed in the Delran Township Municipal Court, in which said Court
is hereby vested with jurisdiction to hear such complaints, institute
proceedings in the name of the Board of Health of the Township of
Delran for the enforcement and imposition of the penalties hereinafter
prescribed.
Any person or corporation having been found guilty of a violation
of the provisions of this chapter, upon complaint made pursuant thereto,
shall, for each violation, be penalized not more than $500 per day
per violation, or imprisonment in the county jail for a term not exceeding
90 days, or both, which penalty shall be paid to the Court and delivered
to the Treasurer of the Township of Delran.
This chapter shall be effective upon its adoption and publication
as provided for by law.
[Added 5-2-2017 by Ord.
No. 2017-5; amended 8-13-2019 by Ord. No. 2019-12]
A.
Keeping of backyard chickens shall be permitted in the Township of
Delran subject to the rules and regulations as specified in this chapter.
B.
The following shall be eligible to keep backyard chickens: adult
residents of single-family homes or adult residents of "twin" homes
or "row" homes which meet the criteria set forth in this section.
C.
(Reserved)
D.
There shall be a limit of eight chickens per license. No roosters
are permitted.
E.
The coop must have an enclosed run for chickens to access an area
outside of the coop. The coop and enclosed run shall be kept at least
20 feet from the habitable portion of the neighboring residential
dwelling and five feet from the property line. Garages, attached or
otherwise, and accessory buildings shall not be considered a "residential
dwelling" for purposes of calculating the required distance. Chickens
may roam outside of the coop and run areas in a backyard suitably
fenced to keep them contained provided that a person licensed to own
backyard chickens in Delran is present the entire time.
F.
No person shall keep chickens on his or her property without first
obtaining a license from the Municipal Clerk's office and paying
the required fee therefor. Only one license to own backyard chickens
can be issued per Delran household address. No license shall be issued
unless the applicant therefor has demonstrated compliance with all
criteria set forth in this section. Every license issued pursuant
to this section shall expire on December 31 of each year. A license
shall not be granted unless the applicant certifies that there are
no deed restrictions which prevent chickens from being kept on the
property.
G.
An annual license fee of $10 shall be paid for each license issued
pursuant to this section.
H.
Each applicant desiring to keep backyard chickens shall be required
to take a class on the basics of raising backyard chickens. Proof
of attendance must be presented with the completed application. If
necessary, the Township will provide a class minimally once a year
at a nominal fee for anyone who has not previously met this requirement.
The handling of this class will be the responsibility of the Chicken
Advisory Board. A member of the Chicken Advisory Board will review
all applications for backyard chicken licenses to ensure they meet
the requirements of this chapter prior to the Township issuing said
license. Applicants agree to allow a Chicken Advisory Board member
to inspect the property for violations pursuant to the provisions
of this section.
I.
The following regulations and conditions for the keeping and housing
of chickens shall be complied with:
(1)
The coop shall be at least two square feet per chicken, with a maximum
coop size of 100 square feet.
(2)
The coop shall be dry and well ventilated with windows to admit sunlight.
(3)
The coop must be kept clean.
(4)
The coop and enclosed run must be made predator-proof.
(5)
Clean water must be provided, and food must be kept tightly closed
in a metal container away from the coop and run at night.
(6)
The yard in the area where the coop is located shall be clean and
free from odors.
(7)
There shall be no slaughter of chickens in the Township.
(8)
Waste will be handled in such a way as proper composting to prevent
offensive odors or disposed in an environmentally friendly manner.
(9)
There shall be no selling of eggs.
J.
Chicken Advisory Board.
(1)
A Chicken Advisory Board consisting of five members of the community
shall be formed. The Chair will be appointed to a two-year term by
the Mayor. The governing body will select the other four members who
will also serve for two years. Besides the Chair, of the remaining
members, one will be appointed Vice-Chair, and the other, Secretary
of the Board.
(2)
The Board shall meet on a regular basis upon adequate public notice
as specified in the New Jersey Open Public Meetings Act[1] and keep minutes which shall be submitted along with quarterly
reports to the governing body via the Township Council member selected
by the Township Council as liaison to the Chicken Advisory Board.
These reports will include any activities of the Board, as well as
any complaints from residents concerning backyard chickens and the
resolution, if any, of those complaints.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(3)
The Board shall further record the number of backyard chicken licenses issued to residents of Delran, represent the licensed chicken owners at public Township meetings, attempt to resolve complaints from Delran residents concerning compliance with § 389-12, respond to questions concerning § 389-12, respond to requests for coop inspections, and respond to requests for classes on the basics of raising backyard chickens.
(4)
The Board may share with Delran residents best practices for raising
backyard chickens and assist Delran residents licensed to own backyard
chickens in finding new owners for their chickens.
K.
When a complaint is received by the Township concerning a household licensed to keep backyard chickens, it will be forwarded to the Chicken Advisory Board for investigation by two members of the Board. If the Board finds a violation of this section, solutions will be discussed with the offending resident to allow him or her to meet the requirements of § 389-12 as soon as possible. However, if after 30 days the violation has not been remedied, the Code Official will be notified so that enforcement proceedings can be implemented.
L.
Failure to comply with the conditions and regulations set forth in
this section shall result in revocation of the license after notice
and a hearing before the governing body.
