[1971 Code § BH10-1]
As used in this chapter:
Shall include those animals which are tame by nature, or
from time immemorial have been accustomed to the association of man,
or by his industry, have been subjected to his will, and have no disposition
to escape his dominion, and for the purposes of this chapter, animals
hereinafter described as farm animals shall be excepted from this
designation.
Shall mean and refer to those domesticated animals which
have historically been used in, by or for the production of agricultural
income or products and which are generally assumed by prevailing community
standards to be associated with farm or agricultural uses. Farm animals
shall refer to sheep, chickens, goats, swing, horses, cows or animals
of like or similar nature.
As used within the provisions of this chapter, shall mean
any parcel of land five acres or more in area.
Shall be construed to mean an individual, firm, partnership,
corporation, voluntary association or an incorporated association.
Shall be deemed and mean any farm, plot, lot or other premises,
house, garage, barn or other building of any kind whatsoever.
Shall include those animals wild by nature, which because
of habitat, mode of life or natural instinct, are incapable of being
completely domesticated, and require the exercise of art, force or
skill to keep them in subjection.
[1971 Code § BH10-2]
It shall be unlawful for any person to own, harbor, keep or
maintain any pigeons, sheep, fowl, horse, cattle, goat, swine, poultry
or other domestic, farm or wild animal within the limits of the Borough
of Matawan except in conformity to the rules and regulations hereinafter
established. The following traditional house pets, including but not
limited to cats, dogs, caged birds, guinea pigs, and hamsters, are
permitted within the Borough.
[1971 Code § BH10-3]
a.Â
All persons subject to the regulations contained in this chapter
must provide suitable animal housing which is completely enclosed
and of a nature similar to a barn, stable, coop, or corral.
b.Â
At its closest point such housing shall be at least 15 feet from
any adjacent property line.
c.Â
Such housing shall be kept clean at all times to prevent the creation
of offensive odors, the accumulation of manure and the accumulation
of organic refuse.
d.Â
Such housing shall be kept in good repair, properly ventilated, waterproof
and free from rats and other vermin.
e.Â
Such housing shall be constructed in such a manner and of such material
to be capable at all times of keeping said animal or animals from
running at large.
f.Â
The animal or animals regulated under the provisions of this chapter
shall remain confined in left unattended within said housing. Animals
which are found running at large shall be guilty, upon proof, of a
violation by the property owner of the provisions of this chapter.
g.Â
All manure or offensive organic refuse shall be kept, stored, and
disposed of in a manner approved by the County Health Officer so as
not to create a nuisance or health hazard.
[1971 Code § BH10-4]
a.Â
Farm Animals.
1.Â
Crowing roosters, cattle, goats, horses, sheep, swing or other farm
animals as herein defined shall only be kept on a farm as herein defined.
2.Â
The County Health Officer shall have the power and authority to grant
exceptions to the regulations contained in paragraph a. 1 above. The
exceptions shall be granted by the Health Officer by way of a special
permit for this purpose. The special permit may only be granted upon
the written application of the person seeking the special permit or
his authorized agent. The application shall be delivered to the Borough
Clerk. The Health Officer may grant the permit if upon a full hearing
of the relative facts it determines:
(a)Â
The denial of the permit will work a great hardship upon the
applicant;
(b)Â
The applicant has satisfied the Health Officer that he has,
will and/or can comply with the other provisions of this chapter;
(c)Â
That the granting of the permit will not violate any other ordinance
of the Borough of Matawan and specifically will not be inconsistent
with the Zoning Ordinance of the Borough of Matawan.
(d)Â
The granting of the permit will not impair the health, safety
and welfare of the surrounding property owners and the community as
a whole.
