[Adopted 2-10-2020 by Ord. No. 01-20]
As used in this article, the following terms shall have the
meanings indicated:
Animals customarily found on a farm, including but not limited
to horses, cows, ponies, sheep, goats, chickens, ducks or other fowl,
or other farm animals. This term shall not include cats, dogs or other
domestic animals.
An individual, firm, corporation, association, society and
partnership and any agent, servant or employee of any of the above.
A.
Residents of single-family or two-family homes shall be permitted
to keep chickens pursuant to this section.
B.
Minimum lot size. A minimum lot size of 1/4 acre is required to keep
chickens pursuant to this section.
C.
Number of allowable chickens. No more than six chickens may be kept
on any parcel that meets the minimum lot size set forth above. For
each additional 1/4 acre, two additional chickens may be kept (i.e.,
12 chickens may be kept on a one-acre lot).
D.
Roosters. Roosters are not permitted.
E.
Required shelter. Chickens shall be provided a fully enclosed shelter
/ coop with a fenced area meeting the following requirements:
(1)
Shelters and fenced enclosures shall be located in the rear yard
only.
(2)
Shelters and enclosures shall be at least 15 feet from the habitable
portion of a neighboring residential dwelling and shall be subject
to the property line setback applied to accessory structures. Garages,
attached or otherwise, and accessory structures shall not be considered
a "residential dwelling" for purposes of calculating the required
distance.
(3)
Chickens may roam outside of the coop area in the rear yard only
in an area suitably fenced to keep them contained, provided that a
resident of the property aged 18 years or older is present.
(4)
Shelters/coops shall not exceed 15 feet in height or 150 square feet
in size. Each coop shall be the appropriate size for the number of
chickens and shall consist of a minimum of three square feet per chicken.
(5)
Coops shall be dry and well ventilated with windows to admit sunlight.
The utilization of a tarp for a portion of the roof structure is not
permitted.
(6)
Shelters/coops constructed pursuant to this article must have the
primary purpose of housing chickens.
(7)
The coop must be constructed in order to reasonably keep predators
out and be surrounded by a fence. Fences shall not exceed six feet
in height.
(8)
The construction of shelters / coops and / or fenced enclosures for
chickens are subject to all building and construction permit requirements
as applicable to accessory structures under the Code.
F.
Waste storage. Storage of manure, excreta, other waste odor or dust-producing
substances associated with the keeping of chickens shall be located
at least 25 feet from any property line and at least 50 feet from
any residential structure on an adjoining property and shall be properly
composted in compliance with any Borough or county health code regulations
or USDA guidelines or stored in a watertight container until it can
be disposed of in a proper fashion off site.
G.
Feed storage. Animal feed stored outside shall be kept in metal containers
with tightly fitting lids.
H.
Slaughter. Slaughter of chickens shall not be permitted in public
view.
I.
No running at large. No person owning, keeping, maintaining, or harboring
a chicken shall permit, suffer, or allow a chicken to run at large
upon any public streets or upon any private property except on premises
where permission has been given by the owner.
J.
No disturbing the peace. No person owning, keeping, maintaining,
or harboring a chicken shall permit, suffer, or allow a chicken to
disturb the peace or quiet of the neighborhood by creating a noise
across a residential property line continually for 10 minutes or intermittently
for 30 minutes, unless provoked.
K.
Violations and penalties. No person owning, keeping, maintaining,
or harboring a chicken who violates or fails or refuses to comply
with this provisions of this article shall be liable for a penalty
of not more than $500 for each violation. Each day that said violation
continues shall be deemed a separate and distinct violation.
L.
Enforcement. The provisions of this section may be enforced by regular
and special officers of the police agency servicing the Borough of
Hampton (including the New Jersey State Police); the Zoning Officer,
Construction Official, and Building Subcode Official of the Borough
of Hampton; or upon the filing of a complaint in the Municipal Court
of the Borough of Hampton by any inhabitant of the Borough of Hampton,
either with or without prior notice to the person committing a violation
of this article.
M.
Right to Farm Act. Nothing herein shall prevent the operation of
a farm qualified under the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
A.
No person shall keep chickens on their 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 article.
Every license issued pursuant to this article shall expire annually
on January 1. Persons maintaining chickens at the time of passage
of the within ordinance shall have 60 days to apply for a license.
The Borough Council may grant a waiver of lot size and/or maximum
permitted chickens to those persons maintaining chickens at the time
of the passage of the within ordinance to allow such person(s) to
come into compliance with this article through the natural expiration
of their chickens provided such waiver does not negatively affect
the health, safety and welfare of any resident or person and application
for such waiver is made within 60 days of the passage of the within
ordinance.
B.
A license fee of $10 shall be paid for each license issued pursuant
to this article.
C.
Tenants of property submitting an application must have the consent
of the landlord.
