[HISTORY: Adopted by the Township Committee of the Township of Hopewell 6-17-2021 by Ord. No. 21-12. Amendments noted where applicable.]
A. 
The words hereinafter defined shall have the meaning herein indicated for the purposes of this chapter as follows:
ABANDONED CAT
An owner of caregiver has forsaken a domesticated cat entirely, or has neglected or refused to provide care and support to the cat.
ANIMAL CONTROL OFFICER
A certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the municipality or his designee.
ANIMAL RESCUE ORGANIZATION
An individual or group of individuals who, with or without salary or compensation, house and care for homeless animals in the home of an individual or in other facilities, with the intent of placing the animals in responsible, more permanent homes as soon as possible.
BARNYARD FOWL
Any feathered vertebrae animal, including but not limited to chickens, geese, ducks, turkeys, hens, pheasants, other animals commonly referred to as "barnyard fowl."
CAREGIVER
Any person who provides food, water or shelter to or otherwise cares for a cat.
COLLAR
Any collar constructed of nylon, leather, or similar material designed to be used for a dog.
DOG
Any dog or dog hybrid.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
DOMESTICATED CAT
A cat that is socialized to humans and is appropriate as a companion for humans.
EARMARKED
A tagged, notched or tipped left ear as performed by a licensed veterinarian.
EXTREME WEATHER CONDITIONS
Unusual, severe, or unseasonal weather, such as excessive heat or cold, rain, snow and/or ice.
FERAL CAT COLONY
A group of six or more cats that congregates, more or less, together as a unit. Although not every cat in a colony may be feral, any nonferal cats that congregate with a colony shall be deemed to be a part of it.
HABITUAL BARKING
The creation of a noise disturbance from a habitual barking, yelping or howling dog continuously for 60 minutes or intermittently for six hours.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding of more than five dogs for sale is carried on, except a pet shop.
MANAGED CAT COLONY
The spraying and neutering the cats to stabilize the population of the feral cat colony.
NUISANCE
Disturbing the peace by a) habitually or continually howling, crying or screaming, or b) the habitual and significant destruction, desecration or soiling of property against the wishes of the owner of the property.
OWNER
When applied to the proprietorship of a dog shall include every person having a right of property in that dog and every person who has that dog in his keeping, and when applied to the proprietorship of any other animal, including, but not limited to, a cat, shall include every person having a right of property in that animal and every person who has that animal in his keeping.
PERSON
An individual, firm, partnership, corporation or association of persons.
PET SHOP
Any place of business which is not part of a kennel, wherein animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to N.J.S.A. 4:19-23.
POUND
An establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
PROPERLY FITTED
With respect to a collar, a collar that measures the circumference of a dog's neck plus at least one inch.
RESTRAINT
A chain, rope, tether, lease, cable, or other device that attaches a dog to a stationary object or trolley system.
RUNNING AT LARGE
Any dog off the land and premises of its owners and unrestrained by a leash.
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
STRAY CAT
A cat that is regularly off the property of the owner, is not under the physical control and restraint of the owner and is not regularly provided with food by its owner. Suitable shelter means shelter that provides protection from rain, sun, and other elements that is adequate to protect the health of the cat.
TNVR
Trap, neuter, vaccinate and return.
TNVR PROGRAM
A program pursuant to which feral and stray cats are trapped, neutered or spayed, vaccinated against rabies and returned to the location where they congregate.
TOWNSHIP
Township of Hopewell, in the County of Cumberland.
VACANT RESIDENTIAL STRUCTURE
A residential structure that has not been occupied for seven or more consecutive days.
VICIOUS DOG
Any dog or dog hybrid declared vicious by a municipal court pursuant to N.J.S.A. 4:19-22
ZOONOTIC DISEASE
Those diseases transmittable to humans from animals, including parasitic, bacterial, fungal and viral diseases.
B. 
Word usage.
(1) 
The words "and" and "or" may be used interchangeably, and either of the two may be applicable, whichever is more conducive towards the effectuating of this chapter.
(2) 
Personal pronouns shall mean either the singular or the plural, whichever is applicable and conducive towards the effectuating of this chapter.
(3) 
The masculine, feminine or the neuter gender shall be implied, whichever is appropriate and conducive for the effectuating of this chapter.
No person shall keep or harbor any dog within the Township of Hopewell in the County of Cumberland without first obtaining a license therefor, to be issued by the Township Clerk of the Township upon application by the owner and payment of the prescribed fee, and no person shall keep or harbor any dog in said Township except in compliance with the provisions of this chapter.
Any person who shall own, keep or harbor a dog of licensing age shall in the month of January, and annually thereafter, apply for a one-year license which shall expire December 31 of the licensed year; and procure from the Township Clerk a license and official metal registration tag for each such dog so owned, kept or harbored, and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.
A. 
Fees.
(1) 
Licensing fee for neutered dog: $10.
(2) 
Licensing fee for nonneutered dog: $15.
(3) 
Late charge: $10 from April 1 to April 30 and $25 from May 1 to December 31.
B. 
Registration application, licenses and renewals thereof shall expire on the last day of January of each year.
C. 
Dogs used as guide dogs or service dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of a guide dog or service dog shall not be required to pay any fee therefor.
A. 
The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for license and registration tag for such dog within 10 days after such acquisition or age attainment.
B. 
The fees to be paid for licensing dogs in these categories shall be the same as if they were licensed prior to March 31 of the licensing year as provided in § 117-4 herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought, and whether it is of a long- or short-haired variety; also, the name, street and post office address of the owner and the person who shall keep or harbor such dog. The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the Township Clerk. In addition, he shall forward similar information to the State Department of Health each month, on forms furnished by the said Department. Registration numbers shall be issued in the order of the applications.
A. 
Any persons who shall bring or cause to be brought into the Township of Hopewell in the County of Cumberland any dog, licensed in another state for the current year, and bearing a registration tag, and shall keep the same or permit the same to be kept within the Township for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog, unless such dog be licensed under § 117-9 of this chapter.
B. 
Any person who shall bring or cause to be brought into the Township any unlicensed dog and shall keep the same or permit the same to be kept within the Township for a period of more than 10 days, shall immediately apply for a license and registration tag for each such dog, unless such dog be licensed under § 117-9 of this chapter.
C. 
The fees to be paid for licensing dogs in these categories shall be the same as if they were licensed during February and March of the licensing year as provided in § 117-4 herein.
A. 
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Township Clerk for a license entitling him to keep or operate such establishment. The provisions of this section do not apply, however, to veterinary hospitals or facilities intended primarily for the care or treatment of sick or disabled animals, including dogs.
B. 
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the Cumberland County Health Department, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained and all such licenses shall expire on the last day of January of each year, and be subject to revocation by the Township Committee on recommendations of the State Department of Health or the Board of Health of the Township for failure to comply with the rules and regulations of the State Department or the Board of Health of the Township governing the same after the owner has been afforded a hearing by either the State Department or the Board of Health of the Township.
D. 
Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; such licenses shall not be transferable to another owner or different premises.
E. 
No kennel shall be permitted to house in excess of 25 dogs at any time, regardless of age.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The annual license fee for a kennel providing accommodations for 10 or less dogs shall be $10 and for more than 10 dogs $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound.
A. 
License fees and other moneys collected or received under the provisions of this chapter, except registration tag fees, shall be forwarded to the Treasurer of the Township within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Township and which shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this chapter; for local prevention and control of rabies; for providing anti-rabies treatment under the direction of the Local Board of Health for any person known or suspected to have been exposed to rabies; for all other purposes prescribed by the statutes of New Jersey governing the subject, and for administering the provisions of this chapter. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the Township any amount then in such account which is in excess of the total amount paid into said special account during the last two fiscal years next preceding.
B. 
The registration tag fee for each dog shall be forwarded within 30 days after collection by the Township Clerk to the State Department of Health, as set and determined by statute.
The Township Clerk shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.[1]
[1]
Editor's Note: The following original sections, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I): Sec. 14, Dog Canvass of Township; Sec. 15, Running at Large; Habitual Barking and Crying; Sec. 16, Control of Dogs Required; and Sec. 17, Property Damage by Dogs Prohibited.
A. 
The Township Committee shall have power to appoint an animal control officer, whose duty it shall be to enforce the provisions of this chapter and the laws of the State of New Jersey.
A. 
The animal control officer shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or disposed of as provided in this section:
(1) 
Any dog off the premises of the owner or of the person keeping or harboring said dog which said official or his agent or agents have reason to believe is a stray dog;
(2) 
Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on his collar;
(3) 
Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.
B. 
If any dog so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or the owner or the person keeping or harboring said dog is known, the animal control officer shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said dog, if known, a notice in writing stating that the dog has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after the service of the notice.
C. 
A notice under this section may be served either by delivering it to the person on whom it is to be served, or by leaving it at the person's usual, or last-known place of abode, or at the address given on the collar, or by forwarding it by post in a prepaid letter addressed to that person at his usual or last-known place of abode, or to the address given on the collar.
D. 
When any dog so seized has been detained for seven days after notice, when notice can be given as above set forth, or has been detained for seven days after seizure when notice has not been and cannot be given as above set forth, and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention, including maintenance not exceeding $4 per day, and if the dog be unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the animal control officer may cause the dog to be disposed of in a humane manner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any dog or dogs which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if said owner is present and forbids the same.
No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park, or in any public building, or in any other public place within the Township of Hopewell, in the County of Cumberland, or allow said dog to habitually and continually bark or cry.
No person owning, keeping or harboring any dog shall suffer or permit it to be upon the private property of any other person without the permission of that other person. No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the Township of Hopewell unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six feet long.
A. 
Impoundment of dog.
(1) 
An animal control officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:
(a) 
Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person;
(b) 
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;
(c) 
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26; or
(d) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
(2) 
The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the animal control officer, the dog may be impounded in a facility or other structure agreeable to the owner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Notification of owner of dog; hearing: shall comply with N.J.S.A. 4-19-20.
C. 
Settlement agreements, immunity of municipality: shall comply with N.J.S.A. 4-19-21.1.
D. 
Dog declared vicious by municipal court; conditions: shall comply with N.J.S.A. 4-19-22.
E. 
Dog declared potentially dangerous; conditions: shall comply with N.J.S.A. 4-19-23.
F. 
Registration of potentially dangerous dog; conditions: shall comply with N.J.S.A. 4-19-24.
G. 
Appeal of decision: shall comply with N.J.S.A. 4-19-25.
H. 
Liability of owner for cost of impounding, destroying dog; rabies testing: shall comply with N.J.S.A. 4-19-26.
I. 
Hearing on subsequent actions of dog: shall comply with N.J.S.A. 4-19-27.
J. 
Obligations of owner of potentially dangerous dog: shall comply with N.J.S.A. 4-19-28.
K. 
Violation by owner; fine, seizure, impoundment of dog: shall comply with N.J.S.A. 4-19-29.
L. 
Municipality to register, identify potentially dangerous dogs; publicize phone numbers to report violations: shall comply with N.J.S.A. 4-19-30.
M. 
License fee for potentially dangerous dog license. The sum to be paid annually for a potentially dangerous dog license and each renewal thereof shall be $700.
N. 
Monthly inspection to verify compliance. The animal control officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with Paragraphs (2) and (3) of Subsection a of N.J.S.A. 4:19-24.
Responsibilities of owners of domesticated cats:
A. 
Owners of domesticated cats shall provide appropriate and adequate food, water and shelter for their cats.
B. 
The owner of a domesticated cat shall exercise reasonable care to guard against the cat creating a nuisance.
C. 
The owner of a sexually intact (not spayed or neutered) domesticated cat shall not permit his/her cat roam unsupervised.
D. 
An owner shall not abandon a domesticated cat.
A. 
Feral cat colonies shall be permitted and caregivers shall be entitled to maintain them in accordance with the terms and conditions of this chapter.
B. 
Sponsorship of colony TNVR programs. The Animal Friends Foundation and/or the South Jersey Regional Animal Shelter is approved as sponsor. Other persons may apply to the Township to serve as colony TNVR program sponsors ("sponsors"). Any person or entity so applying shall comply with the requirements of this chapter for sponsors and execute an Animal-Friends-Foundation-approved sponsor contract. Any person intending to undertake the responsibilities of sponsor shall advise the Animal Friends Foundation or South Jersey Regional Animal Shelter in writing and provide his/her/its address and telephone number.
C. 
Sponsor requirements. It shall be the duty of the sponsor to:
(1) 
Review and approve of colony caregivers;
(2) 
Help to resolve any complaints over the conduct of a colony caregiver or of cats within a colony;
(3) 
Maintain records provided by colony caregivers on the size and location of the colonies as well as the vaccination and spay/neuter records of cats in the sponsor's colonies; and
(4) 
Report annually to the Township on the following:
(a) 
Number of colonies in the Township;
(b) 
Total number of cats in colonies;
(c) 
Number of cats and kittens spayed and neutered pursuant to the TNR program; and
(d) 
Number of cats and kittens placed in permanent homes.
(5) 
Register feral cat colonies as provided in § 117-4.
(6) 
It shall be the duty of the sponsor to equally be responsible with the animal control officer for humanely capturing, trapping, neutering, vaccinating, identifying and spaying or neutering feral cats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(7) 
Obtain and maintain liability insurance for all activities, actions and work performed pursuant to ordinance and laws of the State of New Jersey, naming the Township of Hopewell in Cumberland County as an additional named insured and providing an annual copy of the declaration of insurance and proof of payment of the same.
D. 
Feral cat caregiver requirements. Caregivers are responsible for the following:
(1) 
Registering the feral cat colony with the sponsor;
(2) 
Taking steps that are reasonably likely to result in the vaccination of the colony population for rabies and making reasonable efforts to update the vaccinations on cats that can be recaptured;
(3) 
Taking steps that are reasonably likely to further the objective of the spay/neuter of at least 90% of the colony population;
(4) 
Providing the sponsor with descriptions of each cat in the colony and copies of documents evidencing that the cats have been vaccinated and spayed/neutered; providing food, water and, if feasible, shelter for colony cats;
(5) 
Observing the colony cats at least twice per week and keeping a record of any illnesses or unusual behavior noticed in any colony cats;
(6) 
Obtaining the approval, in writing, of the owner of any property, to which the caregiver requires access to provide colony care;
(7) 
In the event that kittens are born to a colony cat, the caregiver shall take reasonable steps likely to result in the removal of the kittens from the colony after they have been weaned, and the placement of the kittens in homes or foster homes for the purpose of subsequent permanent placement or with the sponsor for subsequent permanent placement;
(8) 
Reporting annually, in writing, to the sponsor on the status of the colony, including data on the number and gender of all cats in the colony, the number of cats that died or otherwise ceased being a part of the colony during the year, the number of kittens born to colony cats and their disposition and the number of cats and kittens placed in permanent homes as companion cats;
(9) 
Obtaining proper medical attention to any colony cat that appears to require it; and
(10) 
Taking reasonable steps to prevent cats from creating a nuisance in adjacent properties.
E. 
Colony cat requirements.
(1) 
The left ear of a colony cat that has been spayed or neutered and vaccinated shall be ear-tipped.
(2) 
An electronic animal identification device (EAID) shall be inserted into the cat by a veterinarian in accordance with professional medical standards. The colony number shall be used for purposes of the EAID.
F. 
Disposition of colony cats.
(1) 
An animal control officer or sponsor who has trapped a cat whose left ear has been tipped or which bears some other distinguishing mark indicating that it belongs to a feral cat colony shall scan any cat trapped or picked up for an EAID. If an EAID is found, the officer shall return the cat to its colony or its owner. If an EAID is not found, the officer shall contact the sponsor and the sponsor or any other person named as the owner of the cat.
(2) 
If the owner or sponsor is not able to immediately take custody of the cat, the officer shall return the cat to the appropriate colony.
(3) 
If the cat does not have an EAID, then the animal control officer shall contact the sponsor so the cat can be properly placed in a colony. If the cat is obviously a domestic cat, the sponsor shall arrange for care for the cat until the owner is located and may determine the disposition of the cat in those circumstances where the domestic cat's owner cannot be located. If the cat does not have an EAID and the owner cannot be located, then the sponsor will nevertheless treat the cat as any stray with a seven-day holding period.
G. 
Requirements in general. It shall be the responsibility of all residents of Hopewell Township along with the sponsor, feral cat caregivers, and all involved individuals to use due consideration to avoid the taking of rare, threatened or endangered species under the Endangered and Non-Game Species Conservation Act, N.J.S.A. 23:2A-1 et seq., and pursuing the actions allowed by this chapter.
H. 
Registration of feral cat colonies. The sponsor shall register feral cat colonies maintained by approved caregivers. Feral cat colonies within the Township that are not registered by the sponsor are not entitled to any benefits or protections set forth in this chapter. No colonies may be established except in accordance with this chapter. On an annual basis the sponsor shall provide Hopewell Township with a colony management plan for the Township containing all registered feral cat colonies with information on the number of cats, anticipated rate of attrition and the length of project, efforts to deter predation and to prevent immigration of more cats into each colony. The list of registered feral cat colonies and the annual colony management plan shall be filed with the Township Administrator.
A. 
The Township shall have the following rights:
(1) 
The right to seize or remove cats from a colony that have not been vaccinated against rabies and which are demonstrating signs of the disease.
(2) 
The right to seize or remove a cat from a colony that is creating a nuisance as defined above and the caregiver and sponsor have been given 30 days to remove and relocate the cat and have failed to do so.
(3) 
The right to seize or remove a colony of cats when the caregiver regularly fails to comply with the requirements of this chapter and the sponsor has not been able to obtain a replacement or substitute caregiver within 30 days of the Township's notice to the sponsor of the caregiver's failure to comply with this chapter.
(4) 
All costs involved in removal and any disposition of cats feral or domesticated shall be assessed to the caregiver or in case of a vacant or occupied home assessed to the property owner accordingly.
B. 
The requirements of this chapter notwithstanding, animal control officers and police officers may investigate any nuisance complaint.
A. 
For purposes of this chapter, animals and livestock shall be separated into the following classifications:
(1) 
Class I animals: horses, ponies, donkeys or any other animals belonging to the biological order of perissodactyla.
(2) 
Class II animals: cattle, pigs, goats, sheep or other animals commonly referred to as "livestock."
(3) 
Class III animals: any feathered vertebrate animal, including but not limited to chickens, geese, ducks, turkeys, hens, pheasants, or other animals commonly referred to as "barnyard fowl."
(4) 
Class IV animals: dogs, cats, parakeets, parrots, small pet birds, hamsters, guinea pigs and similar or usual domestic pets.
(5) 
Class V animals: fox, mink, fur-bearing animals; except rabbits when two or less are kept as domestic pets; monkeys or other wild animals which by state or federal law require a license to be kept in captivity.
B. 
The keeping of animals and/or livestock shall be permitted, provided that the following requirements are met:
(1) 
Not more than one Class I animal shall be kept on a lot of at least two acres, provided that said animal is kept in a pen or corral containing not less than 5,000 square feet in area. Each additional Class I animal shall require an additional acre in lot area and an additional 2,000 square feet of pen or corral space. At a minimum, box stalls of five feet by eight feet per animal shall be provided. No animal shall be housed nor manure stored closer than 100 feet to any adjacent property line.
(2) 
In any zoning district, on a lot of at least one acre, not more than two Class II animals (except pigs) or 12 Class III animals may be kept, except in the case of cattle, wherein the lot size shall be no less than three acres. All such animals shall be kept enclosed in a pen, corral, or other suitable enclosure with appropriate animal housing provided. No animal shall be housed nor manure stored closer than 100 feet to any adjacent property line. Exception: The keeping of pigs and the keeping of barnyard fowl shall be prohibited in all residential zoning districts.
(3) 
The keeping of Class IV animals shall be permitted in all zoning districts, provided that the breeding and sale of such animals may be determined a commercial use by the Zoning Officer based upon the number of animals involved within a reasonable time period and the use of property or structures thereon for such activity. When so determined to be a commercial activity, the property owner shall be subject to the requirements of this chapter for such commercial activity, including site plan review.
(4) 
All fencing in connection with the enclosure of animals shall be installed not closer than 10 feet from adjacent property lines and at least 50 feet from the nearest dwelling, excluding the owners.
(5) 
In computing the acreage required for the keeping of animals or livestock, each class of animal as set forth herein shall be computed separately, resulting in a cumulative total.
(6) 
The breeding or sale of all Class V animals shall be prohibited in all zone districts within the Township of Hopewell.
(7) 
An apiary shall be permitted on any lot of at least two acres, provided that bees kept for the production of honey shall be housed no less than 100 feet from the nearest dwelling, except the hive's owner's, and bees kept for other purposes shall be housed no less than 200 feet from the nearest dwelling, excluding the owners. All hives shall be located at least 25 feet from any property line.
(8) 
Poultry, fowl, or turkey farms may be established wherever agricultural use/purpose activities are permitted in accordance with Chapter 220, Land Use and Development, provided that they meet the following conditions:
(a) 
All applications for poultry, fowl, or turkey farms or the raising and breeding of any Class III animals shall be accompanied by a written opinion of the County Agricultural Agent concerning the possible nuisance characteristics of such use and recommended measures for adequately dealing with them. Such opinion shall be reviewed by the Land Use Board and, where deemed appropriate, made a condition of approval. Site plan review shall not be required in connection with any such proposed use; however, the applicant shall provide a drawing to scale of the proposed use and a written statement detailing the purpose of the operation, the manner in which the animals will be housed, methods for storing, recycling and/or disposing of manure, the number of animals to be kept in relation to the size of the parcel, all building or range areas, property line setbacks and proposals for regular rotation and cropping of range areas, including schedules.
(b) 
Any such use must meet the following conditions:
[1] 
Turkeys are to be raised only inside entirely enclosed buildings.
[2] 
Minimum parcel size shall be 10 acres when animals are to be outside.
[3] 
Surface runoff from range areas shall be retained on-site.
[4] 
Fencing or other barriers are to be erected to catch debris or feathers from being blown off the site to the extent reasonably possible.
[Amended 6-21-2022 by Ord. No. 22-03; 11-14-2024 by Ord. No. 24-15]
A. 
Any person who violates or refuses to comply with any part of any of the following sections, namely, § 117-2, 117-3, 117-5, 117-7, 117-8, 117-9, 117-11, or 117-17 of this chapter, or with the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments, shall be liable to a penalty of not less than $100 nor more than $250 for each offense, to be recovered by and in the name of the Township. A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto may be committed by the court to the county jail for a period not exceeding 10 days in the case of a first conviction, and, in the case of conviction for a second, subsequent or continuing violation, may be for a period not exceeding 30 days.
B. 
Any person who violates or refuses to comply with any part of any of the following sections, namely, §§ 117-18, 117-19, 117-20, and 117-21 of this chapter, shall be subject to a fine not less than $125 nor more than $500 or to imprisonment for a period not exceeding 30 days, or to both, in the discretion of the court.
C. 
Any person who violates or fails or refuses to comply fully with any part of this chapter where the violation is not specifically listed shall be subject to a fine for the first offense of $100, and any subsequent offense up to a $500 fine or imprisonment for a period not exceeding 30 days, or to both, in the discretion of the court.
[Added 10-19-2023 by Ord. No. 23-15]
A. 
Purpose. To prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Township of Hopewell, Cumberland County, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
B. 
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter 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 merely directory.
FEED
To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
WILDLIFE
All animals that are neither human nor domesticated.
C. 
Prohibited conduct. No person shall feed, in any public park or on any other property owned or operated by Hopewell Township, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers, or feral cats as part of an approved trap-neuter-release program).
D. 
Enforcement.
(1) 
This section shall be enforced by the Code Enforcement Officer of Hopewell Township.
(2) 
Any person found to be in violation of this section shall be ordered to cease the feeding immediately.
E. 
Violations and penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed the sum of $200.