[Ord. No. 00-2-OAB § 4]
No person or persons shall feed, cause to be fed or provide
food for geese, ducks or other waterfowl on publicly or privately
owned lands within the Township of Berkeley.
[Ord. No. 00-2-OAB § 4]
This section shall not be construed to prohibit humane acts
towards geese, ducks or other waterfowl on an individual basis, such
as the temporary nurturing of a wounded bird, provided same is not
done on property of the Township of Berkeley.
[Ord. No. 00-2-OAB § 4]
No person or persons shall abandon, leave or discard any geese,
ducks or other waterfowl on any private lands within the Township
of Berkeley.
[Ord. No. 00-2-OAB § 4]
The Animal Control Officer, Code Enforcement Officer, and/or
the Ocean County Board of Health are hereby authorized and directed
to enforce the provisions of this section.
[Ord. No. 00-2-OAB § 4]
Any person who violates any one or more subsections of this
section shall be subject to a fine of not more than $250 for each
separate offense and may be ordered to perform community service not
to exceed 10 days in duration.
[Ord. No. 10-27-OAB]
In the event the Animal Control Officer is authorized by a property
owner or occupant required to set a humane cage trap for the capture
of non-domesticated animals, the fee charged to the owner or occupant
shall be $5.
[Ord. No. 10-27-OAB]
In the event the Animal Control Officer is required to seize
a cat or dog as a result of the inability of an owner to maintain
such pet, the pet owner shall incur fees as charged by the Ocean County
Animal Shelter. Such fees shall be reimbursed by the owner prior to
the return of the pet. The fees charged by the Ocean County Animal
Shelter as of September 1, 2010, are as follows:
$55, per animal if not adopted or reclaimed.
$32, if animal is euthanized.
$25, seized animal.
$15, each day for seized animal.
$65, surrendered dog.
$45, surrendered cat.
$150, quarantined animal.
The above fees may be amended from time to time as required
by the Ocean County Animal Shelter.
[1974 Code § 84-1]
No horse or pony shall be kept, harbored, maintained, raised,
trained, boarded or bred within the Township for private and personal
use, as opposed to commercial or business use, except as herein provided.
[1974 Code § 84-2]
As used in this section:
Shall mean and include such other quadrupeds as mules, asses
and donkeys.
[1974 Code § 84-3]
a.
One horse or pony may be kept on a lot or parcel of land which contains
at least 15,000 square feet. A pen or corral must be provided of at
least 1,600 square feet, including a stable or roof of at least 100
square feet, and provided that the pen, corral, fences or similar
enclosure is not closer than 20 feet to the adjacent property line.
In no case shall a pen, corral, fence or similar enclosure be closer
than 50 feet to any neighboring dwelling. The minimum area of 15,000
square feet hereby required shall not include any paved area nor shall
it include any area occupied by any structure other than the stable
herein required.
b.
Fifteen thousand square feet of additional land area will be required
for each additional horse or pony. Four hundred square feet of additional
pen space or corral space, including a stable or a roof of at least
an additional 100 square feet, shall be provided for each additional
horse or pony. The additional 15,000 square feet of land area required
for each additional horse or pony shall not include any paved area
nor shall it include any area occupied by any structure other than
the stable herein required.
c.
The widths of alleys, street rights-of-way or other public rights-of-way
may be used in establishing the restraining distance to adjacent property
lines of 20 feet or the 50 feet to any neighboring dwelling.
d.
All stables and structures for housing horses shall be located no
closer than 20 feet to any adjacent property line, nor 50 feet to
any neighboring dwelling.
e.
Stables and similar enclosures for housing horses must be built and
maintained so as not to create offensive odors, fly breeding or other
nuisances.
f.
Fences must be constructed of such materials and in such a manner
as to prevent and preclude the escape of horses. Any application for
a building permit for a fence to pen horses must include, in addition
to any other information required, the height, the span between fence
posts, a sketch of the proposed fence, the type of material to be
used and whether the same has been treated. The Construction Official
shall issue a building permit for any such fence only when, in his
discretion, the proposed fence shall adequately prevent the escape
of horses. The Building Subcode Official, the Zoning Officer and the
Code Enforcement Officer are hereby further authorized to cite for
violations of this section any individuals or corporations maintaining
a fence for penning horses which is not adequately maintained or is
in such state of disrepair so as not to adequately prevent the escape
of horses.
g.
Manure from stabled horses or other livestock must be removed from
a stable or a similar housing structure three times each week. Manure
must be stored a minimum of 25 feet from a stable and 50 feet from
the nearest neighborhood dwelling. Any stockpile of manure shall not
exceed 100 square feet. All stockpiles of manure shall be limed at
least once every week.
[1974 Code § 84-4; Ord. No. 88-43; New]
[Ord. No. 05-25-OAB § 1]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in the Township of Berkeley,
so as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
[Ord. No. 05-25-OAB § 2]
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 section 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.
Shall mean that the pet solid waste is removed at once, without
delay.
Shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
Shall mean waste matter expelled from the bowels of the pet;
excrement.
Shall mean placement in a designated waste receptacle, or
other suitable container, and discarded in a refuse container which
is regularly emptied by the municipality or some other refuse collector;
or disposal into a system designed to convey domestic sewage for proper
treatment and disposal.
[Ord. No. 05-25-OAB § 3]
All pet owners and keepers are required to immediately and properly
dispose of their pet's solid waste deposited on any property,
public or private, not owned or possessed by that person.
[Ord. No. 05-25-OAB § 4]
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while such
animal is being used for that purpose.
[Ord. No. 05-25-OAB § 5]
This section shall be enforced by the Berkeley Township Police
Department, Ocean County Board of Health, Berkeley Township Code Enforcement
Officer and the Berkeley Township Animal Control Officer.
[Ord. No. 05-25-OAB § 6]
[Ord. No. 05-26-OAB § 1; Ord. No. 06-21-OAB § 1]
The purpose of this section is to establish an ordinance to
prohibit the feeding of uncontrolled wildlife in any public park or
on any other property owned or operated by Township of Berkeley, so
as to protect the public's health, safety and welfare, and to
prescribe penalties for failure to comply.
[Ord. No. 05-26-OAB § 2; Ord. No. 06-21-OAB § 2]
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 section clearly demonstrates
a different meaning. When not inconsistent with the text, 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.
Shall mean 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 offish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are neither Human nor domesticated.
[Ord. No. 05-26-OAB § 3; Ord. No. 06-21-OAB § 3]
No person shall feed, in any public park or on any other property
owned or operated by Township of Berkeley, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
[Ord. No. 05-26-OAB § 4; Ord. No. 06-21-OAB § 4]
[Ord. No. 05-26-OAB § 5; Ord. No. 06-21-OAB § 5]
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 $500 for
each and every violation. If the violation is of a continuing nature
each and every day during which it continues constitutes a separate
and distinct offense.
[Added 4-22-2019 by Ord. No. 19-13-OAB]
It is recognized that the ability to cultivate one's own
food is a sustainable activity that can also be a rewarding pastime.
Therefore, it is the purpose and intent of this section to permit
the keeping and maintenance of hens for eggs and meat sources in a
clean and sanitary manner that is not a nuisance to or detrimental
to the public health, safety, and welfare of the community.
For the purpose of this section, the following definitions apply:
The period of chicken growth when supplemental heat must
be provided due to the chickens' inability to generate enough
body heat.
A gallus domesticus, a domesticated bird that serves as a
source of eggs or meat. This definition does not include other fowl,
such as, but not limited to, peacocks, turkeys, pigeons, pheasants,
waterfowl and others.
An enclosed structure for housing chickens that provides
shelter from the elements.
An enclosed yard for keeping chickens.
A male chicken.
a.
No more than nine hens shall be housed or kept on any single dwelling
residential lot under one acre within the Township limits.
b.
No chickens shall be housed or kept in any adult communities or lagoon
properties within the Township.
c.
Roosters are prohibited on any property under one acre.
d.
A separate coop is required to house the chickens. Coops must be
constructed and maintained to meet the following minimum standards:
1.
Located in the rear or side yard.
2.
Must meet setback requirements for the particular zone in which the
property is located.
3.
Interior floor space must allow for four square feet per bird.
4.
Interior height must six feet to allow access for cleaning and maintenance.
5.
Doors - one standard door to allow human access and one for birds
(if above ground level, a stable ramp must be provided).
6.
Windows - one square foot window per 10 square feet of floor space.
Windows must be able to open for ventilation.
7.
Climate control - adequate ventilation and/or insulation to maintain
the coop temperature between 32° F. and 85° F.
8.
Nest boxes - one box per every three hens.
9.
Roosts - 12 inches of roosting space per hen must be provided. A
roost must be at least 1.5 inches in diameter, located 18 inches from
the wall and a minimum of six inches above the floor.
10.
Rodent-proof - coop construction and materials must be adequate to
prevent access by rodents.
11.
Coops shall be constructed and maintained in a workmanlike manner.
e.
A run or exercise yard is required. Runs must be constructed and
maintained to meet the following minimum standards:
1.
Located in the rear or side yard.
2.
Size - 10 square feet per bird, if access to a fenced exercise yard
is also available; 16 square feet per bird, if access to an exercise
yard is not available. If the coop is elevated two feet so the hens
can access the space beneath, that area may count as a portion of
the minimum run footprint.
3.
Height - six feet in height allow access for cleaning and maintenance.
4.
Gate - one gate to allow human access to the run.
5.
Cover - adequate to keep hens in and predators out.
6.
Substrate - composed of material that can be easily raked or regularly
replaced to reduce odor and flies.
f.
Exercise yard must be fenced and is required if the run does not
provide at least 16 square feet per bird. Exercise yard must provide
a minimum of 174 square feet per chicken.
g.
Chickens must not be housed in a residential house or an attached
or detached garage, except for brooding purposes only.
h.
All premises on which hens are kept or maintained shall be kept clean
from filth, garbage, and any substances which attract rodents. The
coop and its surrounding must be cleaned frequently enough to control
odor. Manure shall not be allowed to accumulate in a way that cause
an unsanitary condition or causes odor detectable on another property.
Failure to comply with these conditions may result in the officer
removing chickens from the premises.
i.
All grain and food stored for the use of the hens shall be kept in
rodent-proof containers.
j.
Hens shall not be kept in such a manner as to constitute a nuisance
to the occupants of adjacent property.
k.
No owner of any chicken shall permit such chicken to be upon any
public or private property other than the premises of the owner.
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 $250 for
each and every violation. If the violation is of a continuing nature,
each and every day during which it continues constitutes a separate
and distinct offense.
[Added 4-22-2019 by Ord.
No. 19-13-OAB]
No person owning, harboring, keeping or in charge of any equine, bovine, swine, sheep, goat or other domestic animal shall allow it to graze or run at large whether attended or not upon any public or private property other than that of the owner. Any person violating the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
[Added 4-22-2019 by Ord.
No. 19-13-OAB]
No person or persons shall give, place, expose, deposit, distribute
or scatter any edible material with the intention of feeding, attracting,
or enticing wild animals, specifically including, but not limited
to, deer, coyotes, waterfowl, rodents of any kind, or any stray domestic
animals in the Township of Berkeley on property either publicly or
privately owned. This shall not include the use of birdseed to feed
birds.
a.
This section shall not be construed to prohibit humane acts toward
wild animals and/or stray domestic animals in individual cases, such
as the temporary nurturing of a wounded bird or a wild animal and/or
stray domestic animal on one's own premises.
b.
Nothing contained herein shall prohibit persons from feeding by throwing
or scattering small quantities of food directly to birds nor prohibit
persons from feeding certain birds on their private property by leaving
food for such animals in a manner commonly or ordinarily used for
the feeding of these birds, such as bird feeders or other receptacles.
c.
Nothing contained herein shall prohibit a licensed veterinarian,
the Humane Society or Animal Birth Control or other nationally recognized
organization from caring for such animals and carrying out the purpose
of such organization.
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 $250 for
each and every violation. If the violation is of a continuing nature,
each and every day during which it continues constitutes a separate
and distinct offense.
