[HISTORY: Adopted by the Township Council
of the Township of Evesham 8-18-2020 by Ord. No. 8-8-2020. Amendments noted
where applicable.]
A.
Chickens may be kept and maintained on residential property within
the Township of Evesham only in accordance with the provisions of
this chapter. The following general requirements shall apply:
(1)
The keeping and maintenance of chickens and other egg-laying poultry
on residential property that is farmland assessed pursuant to the
provisions of N.J.S.A. 54:4-23.1, the Farmland Assessment Act of 1964,
is not subject to the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A certified Municipal Animal Control Officer or, in the absence
of such an officer, the chief law enforcement officer of the municipality
or his or her designee.
Include hens but shall not include roosters.
Refers to the Township Clerk.
Property that is purposed as a detached single-family, single-family semidetached, or duplex or two-family as defined in § 160-5 of the Township Code. Further, for the purposes of this chapter, residential property shall not include property that is purposed as a townhouse or apartment house or multiple dwelling as defined in § 160-5 of the Township Code.
An accessory structure where female chickens or poultry are
typically kept secure consisting of an indoor area containing nest
boxes for egg laying and perches on which the birds sleep, as well
as a fenced-in outdoor area typically made from chicken wire or similar
nonsolid fencing capable of containing the chickens, where chickens
feed and may roam during the day.
A.
No person shall be permitted to keep chickens on their residential
property in accordance with this chapter without having first obtained
a license from the licensing authority.
B.
No license shall be issued unless the applicant is the owner of the
land to be used to keep the chickens or, if renting, has the permission
of such owner. Further, the licensure or keeping of chickens under
this chapter is only permitted so long as such activity is not prohibited
or restricted by any master deed, covenants, restrictions, easements,
homeowners' association documents, including bylaws, and any
similar documents as well as any amendments to any such documents.
Applicants who are part of a homeowners' association may not
obtain a license unless the applicant's association permits the
keeping of chickens on residential property.
C.
Any person who shall own, keep or harbor a chicken on residential
property pursuant to this chapter shall apply for and procure a license
from the licensing authority for each such chicken, which license
shall expire on January 31 of the following year. License renewals
shall be obtained for each chicken in the month of January of each
subsequent year from the Township Clerk.
(1)
Any person who shall fail to procure a license renewal for any chicken pursuant to this chapter by January 31 of any year shall pay a late fee in addition to the licensing fee in accordance with the fee schedule contained in Chapter 72 of this Code. Said licenses and renewals thereof shall expire on the last day of January of the following year.
D.
Before obtaining a license, the applicant must certify:
(1)
He or she has taken necessary measures to educate themselves about
raising chickens or other egg-laying poultry. Such measures include
but are not limited to education regarding hygiene and sanitation,
appropriate fencing and knowledge of veterinarians who specialize
in poultry;
(2)
He or she is the owner of the residential dwelling and the property
where the coop is located or, if an applicant rents his or her residential
dwelling, has obtained permission from the property owner to keep
and maintain chickens on said property;
(3)
He or she has provided and will maintain an appropriate shelter or
coop for the number of chickens sought to be licensed and has obtained
all necessary permits and approvals required for such accessory building
or structure;
(4)
His or her keeping of chickens under this chapter is not prohibited
or restricted by any master deed, covenants, restrictions, easements,
homeowners' association documents, including bylaws, and any
similar documents as well as any amendments to any such documents.
The applicant must affirmatively represent, if applicable, that his
or her homeowners' association permits his or her keeping of
chickens on residential property.
A.
The keeping of roosters is prohibited.
B.
The sale of eggs or other chicken by-products is prohibited.
C.
The slaughtering of chickens owned or kept by a licensee pursuant
to this chapter on the residential property, or otherwise in public
view, is prohibited.
D.
The number of chickens permitted will be based upon the lot area
of the residential property in question in accordance with the following
table:
|
Minimum Lot Area
(in square feet)
|
Maximum Number of Chickens Permitted
|
|---|---|
|
5,000
|
3
|
|
10,000
|
4
|
|
15,000
|
5
|
|
20,000
|
6
|
|
30,000
|
7
|
|
40,000
|
8
|
|
60,000
|
9
|
E.
No owner of any chicken nor any person in charge of any chicken shall
suffer or permit such animal to run at large upon any public street,
public park, public building or other public place within the Township,
or on private property without the permission of the owner of said
property or other person having control thereover.
F.
Every person owning, keeping or harboring any chicken under this
chapter shall prevent such chicken from running at large upon the
lands of any person, other than the person owning, keeping or harboring
such chicken, without the consent of the owner of such lands.
G.
No person who shall own or be in charge of any chicken shall cause,
suffer or allow such chicken to soil, defile, defecate on or commit
any nuisance on any common thoroughfare, sidewalk, passageway, bypath,
play area, park or any other place where people congregate or walk
or upon any public property whatsoever or upon any private property,
without the permission of the owner or person in control of said property.
H.
Every person owning, keeping or harboring any chickens pursuant to
this chapter shall prevent such chickens from becoming a public nuisance.
I.
The shelter and adjoining areas must be kept clean and free from
vermin and rodents.
J.
The resident or owner (as appropriate) shall be obligated to notify
the Animal Control Officer within 10 days of any rapid die-offs of
their flock.
K.
Any person who shall own, keep or harbor a chicken shall provide
it with proper and adequate food and water, proper shelter and protection
from the weather and with humane care and treatment. No person shall
inhumanely beat, ill treat, torment or otherwise abuse a chicken.
A.
The governing body shall have the power to appoint annually an Animal
Control Officer who shall enforce the provisions of this chapter.
B.
The Animal Control Officer shall take into custody and impound or
cause to be taken into custody and impounded and thereafter destroyed
and disposed of any chicken, whether licensed or not:
C.
Any officer or agent authorized or empowered to perform any duty
under this chapter is hereby authorized to go upon any premises to
seize for impounding any chicken which he or she may lawfully seize
and impound when such officer is in immediate pursuit of such chicken,
except upon the premises of the owner of the chicken if said owner
is present and forbids the same.
D.
No person shall hinder, molest or interfere with anyone performing
any duty which he or she is authorized or empowered to perform under
this chapter.
A.
Chickens shall be housed in structures, commonly known as "coops,"
with enclosed runs, which shall be maintained to ensure the safety
of the chickens and individuals. The following minimum standards shall
be maintained at all times:
(1)
Each shelter and enclosed run shall be located in the rear yard only
of a residential property.
(2)
Each shelter and enclosed run shall be located at least 10 feet from
any property line and at least 15 feet from any principal residential
dwelling unit on an adjoining property. This fifteen-foot setback
does not include garages either attached or detached, or other accessory
buildings and structures.
(3)
Shelters may not exceed 100 square feet in area, or eight feet in
height.
(4)
Fences for each enclosed run shall be a minimum of four feet in height and shall not exceed a maximum of six feet in height, and shall comply with § 160-22, Fences.
(5)
Each shelter and enclosed run and all areas within which chickens
are allowed to roam shall be kept clean and free from vermin and rodents.
(6)
Chickens may be permitted to roam outside of the shelter and enclosed
run during daylight hours in the side and rear yards only of the residential
property only if said residential property is appropriately fenced
in accordance with the Township Code.
