[1]
Editor's Note: This ordinance superseded former Art. VI, Pilot
Program for Raising of Chickens, adopted 10-18-2011 by Ord. No. 2678-11.
A.
Any other ordinance or Code provision notwithstanding, up to 15 selected
households within the Township of Maplewood will be permitted to raise
no more than five chicken hens per property for the purpose of household
egg gathering. Roosters are not permitted.
B.
No licensee is permitted to sell backyard chickens, chicks, or eggs
laid by backyard chickens.
A.
The following shall be eligible to participate in the pilot program:
The program will consist of 15 households for residents of single-family
homes which meet the set criteria set forth in this article. No apartments,
condominiums, cooperatives, dormitories, or residential facilities
shall be included.
B.
Notwithstanding the foregoing, where the Health Officer has found
evidence of a rat infestation in any area (the location and boundaries
of which will be defined by the Health Officer), no resident in said
area shall receive approval to raise chickens until such time as the
Health Officer certifies to the Board of Health that such rat infestation
in said area has been ameliorated and there has been no evidence of
rats therein for a period of not less than six months.
A.
The structure to house the chickens shall be no more than 30 square
feet in dimension and no higher than six feet in height as measured
from ground level.
B.
A fenced-in run area for the chickens will be permitted. The run
area may not be more than 36 square feet and must be attached to the
housing structure. All structures, including the run area, must be
located behind the front setback line or the front face of the building
structure, whichever is further from the front curb. No structure
or run area may be located closer than 10 feet from the property line
or 30 feet from a neighboring house, unless consent is received from
the neighbor in question.
C.
Structures and run areas must be rat-resistant and constructed with
a surface under the chickens raised off the ground, made of wire,
slatted wood, or similar material, designed to allow animal waste
to pass through and be collected on trays made of impervious material
underneath to all for frequent disposal. Alternative designs may be
employed which, in the opinion of the Health Officer, accomplish the
same purpose of waste collection and frequent disposal.
D.
Chickens may roam in the fenced-in rear yard of the permittee under
supervision.
E.
Diseased chickens must be removed promptly.
Prior to being given a permit to participate in the program,
each interested party must secure the written consent of all contiguous
property owners. Any such consent will not run with the land but will
be specific to the neighbor giving consent. However, any consent given
pursuant to this article shall be effective, regardless of any change
in ownership of neighboring properties.
A.
All structures
must be kept in good repair, shall have a waterproof roof and walls,
be free from rats and vermin, sunlit and ventilated and in a clean
and sanitary condition at all times.
B.
Structures
and runs must be rat-resistant and be constructed with a surface under
the chickens raised off the ground, made of a tin tray designed to
allow animal waste to pass through and be collected on trays made
of impervious material underneath to allow for frequent disposal.
Alternative designs may be employed which, in the opinion of the Health
Officer, accomplish the same purpose of waste collection and frequent
disposal.
C.
No food
may be kept overnight on the floor of the structure housing for chickens
or in the run area. All food must be kept in a secure area and in
secure containers and daily feed and water must be secured to the
structure of the chicken housing to ensure it will stay in place in
efforts to prevent rats and other vermin and allow for sufficient
quantity and quality to satisfy the bird's physiologic needs.
Chickens may not be slaughtered on any outdoor property in the
Township of Maplewood.
A.
An application
for a permit to maintain household chickens must be made to the Township
Health Officer and must include a photograph or diagram of any structures
which will house the chickens, including any areas for a run and the
signed consent form from all contiguous neighbors.
B.
There
will be an application fee of $30 which must accompany the application.
C.
All permits
will be issued for one calendar year, terminating on December 31 of
the licensing year.
A.
All applicants
for permits will be subject to inspections by the Department of Health
of the Maplewood Township, at the discretion of the Department of
Health. Should the Health Officer determine that the applicant is
not in compliance with the provisions of this article, the laws of
the State of New Jersey, or Maplewood's Health Code, the Health Officer
may, in his/her sole discretion, revoke any permit issued pursuant
to this section. No license will be suspended without a hearing on
notice to the licensee to be held before the Township Administrator.
Upon notice, the family owning the chickens will have a period of
two weeks to comply.
B.
The evidence
of rats or other vermin shall be cause for the revocation of a permit.
Any person or party violating any provision of this article
shall be subject to a fine not to exceed $1,000. Upon written notification
the family will have up to two weeks to abate the violation. The actual
length of time will be stipulated in the written notification. Each
day that a violation continues shall be considered a separate offense.
In the event that a permittee wishes to no longer participate,
the permittee must make arrangements for the relocation of the chickens
and removal of all structures at the permittee's sole costs and expense.