Editor's Note: Prior ordinance history includes portions
of BH Ord. No. 55 and BH Ord. No. 82 and 1976 Code § 194-1 — 194-3.
[BH Ord. #08-122; BH Ord. #12-128]
No person shall keep or maintain any live fowl, as hereinafter
defined, within the Township nor permit the same, without first having
applied for and having obtained from the Board of Health a license
for that purpose, as hereinafter prescribed. The license shall be
renewed by April 1 of each year.
a.
A license shall be issued for fowl, as hereinafter defined, upon
making application for a license and payment of seventy-five ($75.00)
dollars for one (1) to five (5) fowl, one hundred twenty-five ($125.00)
dollars for six (6) to ten (10) fowl and one hundred twenty-five ($125.00)
dollars plus fifteen ($15.00) dollars for each fowl in excess of ten
(10). The fowl license fee for any commercial farm with legal "Right
to Farm" status as demonstrated by the licensee, shall be two hundred
fifty ($250.00) dollars. In addition to payment, petitioner for license
for birds entering from outside the State of New Jersey shall also
submit a Certificate of Veterinary Inspection to be performed by an
accredited veterinarian who is licensed in the State from which the
fowl originate. All fowl shall be free from evidence of, or not have
been exposed to the following diseases determined by the New Jersey
Department of Agriculture to be dangerous and transmissible; laryngotracheitis,
duck viral enteritis, Newcastle disease, plaque-like avian influenza,
fowl cholera, fowl or bird pox, chlamydiosis, tuberculosis, mycoplasmosis,
pullorum disease and fowl thyphoid, or such other dangerous diseases
as may be identified in the future. In addition, any fowl or eggs
for hatching imported into the State of New Jersey shall be negative
for avian influenza and pullorum as outlined in N.J.A.C. 2:3-7.2 and
N.J.A.C. 2:3-7.4, as amended or supplemented. Fowl shall be kept in
a manner that will not result in the giving of offensive odor and
will not be dangerous or injurious to the health of the fowl. At any
time, and as a condition of license renewal or continuation, the Board
of Health may direct any person keeping fowl to obtain proof of "Monitored
flock" status at the petitioners' expense as outlined under definitions
in N.J.A.C. 2:9-2.1 as amended or supplemented.
[BH Ord. #08-122]
a.
APPLICATION
COOPS
FOWL
Definitions. As used in this Chapter:
Shall mean a sketch or plat plan of the premises containing
sufficient data, which, together with a physical inspection of the
premises, would tend to establish compliance with the requirements
of this Chapter.
Shall mean a structure housing any fowl.
Shall mean a bird of any kind, including but not limited
to galliformes (chickens, turkeys, quail, pheasant, peafowl and guinea
fowl), anseriformes (ducks, geese, and swans) and columbidae (pigeons
and doves), but excluding tropical birds generally confined to small
indoor cages, such as parrots, parakeets, finches, canaries and the
like.
b.
It shall be unlawful for any person to keep any crowing rooster or
screaming or chattering fowl.
c.
The Board may, after notice and public hearing if demanded, refuse
to grant a license if a proper and sanitary place for keeping fowl
is not to be provided by the applicant or if it finds a health hazard
is likely to arise or if the applicant fails to comply with any part
of this Chapter.
d.
The Board may at any time revoke any license if it finds, after reasonable
notice and public hearing, the license notwithstanding, that a subsequent
health hazard has arisen or that there is a failure to comply with
any part of this Chapter.
e.
Should the Board find, determine or have reason to believe that an
applicant should be denied a license, or, in any case where a license
has been issued, should the Board find, determine or have reason to
believe that the license should be revoked, then in such event the
Board shall so notify the applicant or licensee, as the case may be,
in writing, either by delivery of a copy of the notice to him personally
or by mailing a copy by certified mail, return receipt requested.
The applicant or licensee shall have ten (10) days from receipt of
the notice if delivered personally, or from the date the notice was
postmarked if mailed, in which to notify the Board in writing, signed
by him, that the applicant or licensee desires a hearing on the matter.
f.
Should the applicant or licensee not request a hearing as provided
in paragraph e or should the Board, upon conclusion of a hearing held
upon such request, determine that a license should not be issued or
that a license already issued should be revoked, then in that event
the Board shall notify the applicant or licensee personally at the
conclusion of the hearing or by mailing him a copy of the written
notice by certified mail, return receipt requested, of the fact and,
in the case of a licensee, that the licensee shall have ten (10) days
from the date of mailing of the notice to remove any and all such
fowl from the licensee's premises.
g.
It shall be unlawful for any person to bring into the Township, for
any purpose whatsoever, any pigeon.
[BH Ord. #08-122]
a.
All fowl shall be confined in coops and runs.
b.
All coops hereafter constructed shall be provided with concrete floors.
c.
All coops shall contain a sufficient number of roosts to provide
roosting space for each individual specimen of fowl kept in the coops,
which shall be adequately lighted and ventilated and shall contain
a sufficient number of properly placed drop boards beneath each roost
to catch all droppings excreted by the fowl while on the roost.
d.
All coops and runs shall be kept clean at all times and free of rodent
infestation and shall be subject to periodic inspections by the Health
Officer or his representative.
e.
Coops and runs shall be disinfected or otherwise treated when so
directed by the Health Officer or his representative.
f.
All food for immediate consumption shall be placed in suitable feeding
troughs or similar containers, and all other food shall be stored
in rodent proof containers at all times.
g.
Manure shall be removed daily from all coops and runs and disposed
of in a manner approved by the Health Officer. No manure shall be
stored in a building.
h.
No coops shall be located within fifty (50') feet of any dwelling
unit or place where people congregate or within two hundred (200')
feet of any food establishment or within one hundred (100') feet
of any property line.
i.
All coops constructed prior to 1976 will not be subject to paragraph
h of this section
[BH Ord. #08-122]
Nothing herein shall be deemed to authorize the keeping of fowl
for sale or for preparation for sale.
