[Ord. No. 08-7 § 6-12.1]
The Borough finds that the establishment of requirements for
the proper disposal of pet solid waste is an important public concern
to protect public health, safety and welfare of its residents.
[Ord. No. 08-7 § 6-12.2]
As used in this section:
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 the 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 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. 08-7 § 6-12.3]
No person owning or in discharge owing or in charge of a pet
shall cause or allow such pet to soil, defile, defecate on or commit
any nuisance on any common thoroughfare, sidewalk, passageway, bypath,
play area, park or any place where people congregate or walk, or upon
any public property whatsoever, or upon private property without the
permission of the owner of said property.
[Ord. No. 08-7 § 6-12.4]
Any person owning or in charge of any pet which soils, defiles,
defecates on or commits any nuisance on any common thoroughfare, sidewalk,
passageway, bypath, play area, park or any place where people congregate
or walk or upon any public property whatsoever, or upon any private
property without the permission of the owner of said property shall
immediately remove all pet solid waste disposed by any such pet by
any sanitary method approved by the local health authority.
[Ord. No. 08-7 § 6-12.5]
Sanitary methods for removing all pet solid waste approved by
the local health authority are mechanical devices such as pooch scoops,
small shovels, etc. All pet solid waste removed by the person owning,
harboring, keeping or in charge of any such pet shall be disposed
of in a sealed, nonabsorbent, leakproof container.
[Ord. No. 08-7 § 6-12.6]
Any owner or keeper who requires the use of a disability assistance
animal shall be exempted from any provisions of this section while
such animal is being used for that purpose.
[Ord. No. 08-7 § 6-12.7]
The provisions of this section shall be enforced by the Police
Department and the Board of Health.
[Ord. No. 08-7 § 6-12.8;
New]
b.
Any person who is convicted of violating the provisions of this section
within one year of the date of previous violation of the same section
and who was fined for the previous violation shall be sentenced by
the Court to an additional fine as a repeat offender. The additional
fine imposed by the Court for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this section, but shall be calculated separately from the fine
imposed for the original violation of this section. Whenever such
person shall have been officially notified or by service of a summons
in a prosecution, or in any other official manner, that said person
is committing a violation, each day's continuance of such violation
after such notification shall constitute a separate offense, punishable
by a like fine or penalty.
[Ord. No. 08-8 § 4-12A-1]
This section prohibits the feeding of unconfined wildlife in
any public park or on any other property owned or operated by the
Borough of Pitman, so as to protect public health, safety and welfare,
and to prescribe penalties for failure to comply.
[Ord. No. 08-8 § 4-12A-2]
As used in this section:
Shall mean to give, place, expose, deposit, distribute or
scatter any edible materials with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision or this State subject
to municipal jurisdiction.
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 08-8 § 4-12A-3]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Pitman, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
[Ord. No. 08-8 § 4-12A-4]
a.
The Animal Control Officer and/or Borough Official shall enforce
the provisions of this article. Nothing herein shall prohibit a private
citizen from bringing or signing a complaint for an alleged violation
of this article.
[Amended 1-28-2019 by Ord. No. 3-2019]
b.
Any person found to be in violation of this section will be ordered
to cease the feeding immediately.
[Ord. No. 08-8 § 4-12A-5;
New]
b.
Any person who is convicted of violating the provisions of this section
within one year of the date of previous violation of the same section
and who was fined for the previous violation shall be sentenced by
the Court to an additional fine as a repeat offender. The additional
fine imposed by the Court for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this section, but shall be calculated separately from the fine
imposed for the original violation of this section. Whenever such
person shall have been officially notified or by service of a summons
in a prosecution, or in any other official manner, that said person
is committing a violation, each day's continuance of such violation
after such notification shall constitute a separate offense, punishable
by like fine or penalty.
[1967 Code § 4-12.1]
As used in this section:
Shall mean any horse, cattle, ponies, sheep, pigs, deer,
and/or any domesticated farm animals and/or undomesticated animals,
excluding cats and dogs.
Shall mean any feathered vertebrate animal, including but
not limited to, chickens, hens, ducks, turkeys, cocks, pheasants and/or
barnyard-type birds raised for meat or otherwise.
[1967 Code § 4-12.2; Ord. No. 13-2015 § 1]
Restrictions. Animals and fowl may be maintained on no less
than one acre of ground, and not less than 100 feet of any property
line. There shall be a maximum of one animal and three fowl per acre
and an additional minimum of one acre for each additional animal or
fowl so maintained.
[1967 Code § 4-12.3; Ord. No. 13-2015 § 2]
In the keeping, harboring, boarding or maintaining of animals
or fowl, the following rules and regulations regarding the same shall
be followed at all times:
a.
All stables, buildings or accessory buildings must be cleaned of
all manure, garbage and any and all other filth.
b.
All manure, garbage or other materials must be placed in and kept
in closed areas 100 feet from any property line and shall be constructed
in order that flies, insects and rodents shall not have access to
the contents thereof. Any manure, garbage and other materials from
such animals or fowl to be removed and spread upon the premises, shall
be treated with lime and/or such other chemicals as shall be necessary
to prevent odor and the attraction of flies and rodents, and shall
be maintained in an orderly and clean fashion at all times.
c.
All buildings, stables and accessory buildings for the keeping, maintaining
or housing of animals or fowl shall be fogged or sprayed at such times
as shall be required for the elimination of flies, insects and rodents.
d.
Animals and fowl must be kept healthy and free from sickness and
disease at all times. When there shall be any horse or cow maintained
on the premises, such animals shall be inspected by a veterinarian,
and there shall be on hand at all times a current report from such
doctor as to the health of the animal. Such examination and report
shall be at the expense of the owner. The report shall be made at
least once per year and more often, when necessary.
[1967 Code § 4-12.4]
Any person owning or having control of fowl shall keep the same
confined in a proper enclosure and shall prevent such fowl from running
at large.
[1967 Code § 4-12.5]
This section shall not be interpreted to permit the enlarging
of the number of animals or fowl or enlarging of any building or accessory
buildings now used for the keeping or housing of animals or fowl within
the Borough.
[Added 6-28-2021 by Ord.
No. 4-2021]
A pilot program for the keeping of backyard chickens is hereby authorized as an exception from Chapter 5, Animal Control, § 5-24, Keeping of Animals and Fowl. Keeping of backyard chickens shall be permitted in the Borough of Pitman subject to the rules and regulations as specified in this section. The pilot program shall terminate two years from the effective date of the pilot program unless the Borough Council of the Borough of Pitman acts to continue same prior to that date. In the event the Borough Council does not act to continue the program prior to said termination date, all persons with backyard chickens shall rehome such chickens outside of the Borough of Pitman within 90 days of the expiration of this pilot.
[Added 6-28-2021 by Ord.
No. 4-2021]
The following shall be eligible to participate in the pilot
program: residents of single-family homes or residents of "twin" homes
or "row" homes which meet the criteria set forth in this section.
If the property is located within a Homeowners Association's
(HOA) jurisdiction, the property owner must submit written permission
from the HOA for the Borough of Pitman to issue any license set forth
in this section. If a resident applicant is not the owner of the property
where the chickens are to be placed, written consent of the owner
shall be submitted with the application.
[Added 6-28-2021 by Ord.
No. 4-2021]
For purposes of this pilot program, no more than 10 household licenses may be issued. Any additional households wanting to participate may be considered on an individual basis by the Chicken Advisory Board established pursuant to § 5-25.8 in conjunction with the liaison to the governing body who may, at their discretion, make a recommendation to the governing body who shall have the authority to authorize the issuance of any license over the 10 permitted during the life of this pilot program.
[Added 6-28-2021 by Ord.
No. 4-2021]
There shall be a limit of four chickens per license. No roosters
are permitted.
[Added 6-28-2021 by Ord.
No. 4-2021]
The coop and enclosed run shall be kept in the rear yard at
least 25 feet from the habitable portion of the neighboring residential
dwelling and 10 feet from each property line. Garages, attached or
otherwise, and accessory buildings shall not be considered a 'residential
dwelling" for the purposes of calculating the required distance. Chickens
may roam outside of the coop area in a backyard suitably fenced to
keep them contained provided that a resident age 18 or older is present
the entire time.
[Added 6-28-2021 by Ord.
No. 4-2021]
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. No license shall be issued unless
the applicant therefor has demonstrated compliance with all criteria
set forth in this section and the zoning officer has approved the
coop. Every license issued pursuant to this section shall expire on
December 31 of each year, excluding the first December which occurs
after the pilot begins. 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.
[Added 6-28-2021 by Ord.
No. 4-2021]
A license fee of $30 shall be paid for each license issued pursuant
to this section.
[Added 6-28-2021 by Ord.
No. 4-2021]
Each applicant wishing to participate in the pilot program or
desiring to keep backyard chickens thereafter in the event the pilot
program is not terminated shall be required to take a class on the
basics of raising backyard chickens at their own expense. Proof of
attendance must be presented with the completed application. The Borough
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 the application with
the applicant prior to final submission. Applicants agree to allow
Chicken Advisory Board members, local or county health inspector,
and/or the Code Enforcement Officer to inspect the property for any
violations pursuant to the provisions of this section.
[Added 6-28-2021 by Ord.
No. 4-2021]
The following regulations and conditions for the keeping and
housing of chickens shall be complied with:
a.
The coop shall be the appropriate size for the number of chickens,
which shall be at least three feet by three feet of space for chickens
with a maximum size of 10 feet by 10 feet. The coop shall be inspected
by the Borough prior to the granting of a license. Maximum height
is eight feet.
b.
The coop shall be dry and well ventilated with windows to admit sunlight.
c.
The coop must be kept clean.
d.
The coop and enclosed run must be made predator-proof and a minimum
of six feet high.
e.
Clean water must be provided, and food must be kept tightly closed
in a metal container away from the coop and run at night.
f.
The yard in the area where the coop located shall be clean and free
from odors.
g.
There shall be no slaughter of chickens on site under this pilot
program.
h.
Waste will be handled in such a way as proper composting to prevent
offensive odors or disposed in an environmentally friendly manner.
Waste shall not be disposed of as part of the normal trash collection
and recycling collection.
i.
There shall be no selling of eggs.
j.
The coop shall include a permanent roof as part of its construction.
k.
The coop shall be painted and maintained so that at no time is unpainted
wood visible from the exterior of the coop.
[Added 6-28-2021 by Ord.
No. 4-2021]
A Chicken Advisory Board consisting of five members of the community
shall be formed. One Council member to serve as the liaison shall
be appointed by the Mayor. The Chair shall be appointed to a two-year
term by the Mayor, with the approval of Council. The governing body
will select the other four members who will also serve for one year.
Besides the Chair, of the remaining members, one will be appointed
Vice-Chair and the other, Secretary of the Board. At least one member
of the board shall be a non-chicken owner. The Board shall meet on
a quarterly basis or more often if necessary and keep minutes which
shall be submitted along with quarterly reports to the governing body
via the Borough Council member selected by the Borough 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 of those complaints.
[Added 6-28-2021 by Ord.
No. 4-2021]
When a complaint is received by the Borough, 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 the pilot program 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. The Chicken Advisory Board will assist anyone desiring
to no longer participate in the backyard chicken program to relocate
his or her chickens.
[Added 6-28-2021 by Ord.
No. 4-2021]
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. A violation of the conditions and regulations of this section which occurs during the effective period for the pilot program shall not result in additional penalties under Chapter 5 of the Borough Code.
[1967 Code § 6-11; New]
[Added 1-28-2019 by Ord.
No. 3-2019]
Gloucester County Animal Control Officers (GCACO), or other
designee, may investigate, and/or require compliance for violations
pursuant to N.J.S.A. 4:22. In the event the GCACO, or designee, sees
or recognizes a potential violation of law, or the need arises where
an investigation is warranted, then the GCACO shall report said matter
to the Municipal Humane Law Enforcement Officer for further action.
The GCACO may continue to participate in the investigation as requested
or required.
