[1973 Code §§ 6-1, 6-10; Ord. No. 6/20/74 § 1; Ord. No. 00-06 § 1; New; N.J.S.A. 4:19-15.16b]
As used in this chapter:
shall mean any live, vertebrate creature, domestic or wild.
shall mean any person appointed by the Governing Body as
a law enforcement officer and who qualifies to perform such duties
under the laws of the State of New Jersey.
shall mean any premises designated by the Governing Body
for the purpose of impounding and caring for animals held under authority
of this section.
shall refer to a dog off the premises of the person owning
or keeping or harboring it and not securely fastened to a tether,
leash, cord or chain or the like, not to exceed eight (8) feet in
length, held by its owner or other person capable of controlling the
dog.
shall mean any member of the species generally referred to
as feline familiaris.
shall mean any member of the species generally referred to as canis familiaris. See also Section 5-7 Potentially Dangerous Dogs and Vicious Dogs.
shall mean any dog which has attained the age of six (6)
months.
shall mean any person, partnership or corporation owning,
keeping or harboring one (1) or more animals. An animal shall be deemed
to be harbored if it is fed or sheltered for three (3) consecutive
days or more.
shall mean any animal secured by a leash or lead, or under
the control of a responsible person and obedient to that person's
commands within the real property limits of its owner.
[1973 Code §§ 6-2.1, 6-10.2; Ord. No. 6/20/74 § 2; New]
Any resident who shall own, keep or harbor a dog of licensing
age shall, in the month of January of each year, apply for and procure
from the Municipal Clerk or other official designated by the Governing
Body thereof to license dogs in the Borough, a license and official
registration tag for each such dog so owned, kept or harbored and
shall place upon each such dog a collar or harness with the registration
tag fastened thereon. The fee set by the Borough shall not be in excess
of the maximum established by State law.
[1973 Code § 6-2.2]
The owner of any newly acquired dog of licensing age or of any
dog which attains licensing age, shall apply for a license and registration
tag for such dog within ten (10) days after such acquisition or age
attainment.
[1973 Code § 6-2.3]
a.
Any person
who shall bring or cause to be brought into the Borough any dog licensed
in another state for the current year, and bearing a registration
tag, and shall keep the same or permit the same to be kept within
the Borough for a period of more than ninety (90) days, shall immediately
apply for a license and registration tag for each such dog, unless
such dog is licensed under the provisions of N.J.S.A. 4:19-15.8 or
any other regulations providing for the licensing of kennels, pet
shops, shelters or pounds.
b.
Any person
who shall bring or cause to be brought into the Borough any unlicensed
dog of licensing age and shall keep the same or permit the same to
be kept within the Borough for a period of more than ten (10) days,
shall immediately apply for a license and registration tag for each
such dog, unless such dog is licensed under the provisions of N.J.S.A.
4:19-15.8 or any other regulation providing for the licensing of kennels,
pet shops, shelters or pounds.
[1973 Code § 6-2.4]
Only one (1) license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and such license and tag issued by any other municipality of the State shall be accepted by the Board of Health as evidence of compliance with subsection 5-2.1.
[1973 Code § 6-2.5; Ord. No. 12/4/75 § 1; Ord.
No. 7/2/80; Ord. No. 05-15; Ord. No. 09-15]
The person applying for the license and registration tag shall
pay to the Borough a fee of seven ($7.00) dollars for the license
and registration tag and for each annual renewal thereof. The license
registration tags and renewals thereof shall expire on the last day
of January in each year.
a.
Late Fees. The fee of one ($1.00) dollar per month will
be charged for all licenses obtained after January 31. The late fee
will not apply to residents who have recently moved to the Borough
or newly adopted pets.
b.
In accordance
with N.J.S.A. 4:19-15.3 et seq. an additional one dollar and twenty
($1.20) cents will be charged and forwarded to the State Treasurer.
c.
In addition
to the fee above, the fee for any dog of reproductive age, which has
not had, its reproductive capacity permanently altered shall be three
($3.00) dollars.
[Ord. No. 09-15; New]
a.
Licensing of vicious and potentially dangerous dogs shall be as provided in Section 5-7 Potentially Dangerous Dogs, Vicious Dogs.
b.
Enforcement. The provisions of this subsection shall be
enforced by the Animal Control Officer, the Police Department and
the Code Enforcement Officer of the Borough of Lakehurst.
[1973 Code § 6-3.1]
No person shall own, possess, harbor or have in custody any
dog within the Borough over six (6) months of age unless such has
been vaccinated against rabies by a duly licensed veterinarian. Such
vaccination shall be repeated within the range of known immunization
and shall consist of the recommended dosage as prescribed by the manufacturer
who shall be duly licensed by the United States Bureau of Animal Industry
of the Department of Agriculture, provided that any dog may be exempted
from the requirement of such vaccination for a specified period of
time by the Health Officer, upon the presentation of a certificate
from a duly licensed veterinarian stating that by reason of age, infirmity
or other physical condition the vaccination of such dog, for such
specified period of time, is contraindicated and provided further
that nothing herein contained shall be deemed to require the vaccination
of any dogs located in and confined to duly recognized and licensed
kennels, dog pound, pet shops, shelters or veterinary hospitals.
[1973 Code § 6-3.2]
Any person owning, possessing, harboring, or having custody
of any dog shall obtain from the veterinarian who vaccinates the dog
against rabies, a certificate supplied by the Health Officer or on
a standard immunization certificate in use by the licensed veterinarian
of this or any other state or country and shall within ten (10) days
of each vaccination or within ten (10) days after bringing the dog
into the Borough if the dog was vaccinated before being brought into
the Borough, deliver the certificate to the Board of Health.
[1973 Code § 6-3.3]
No license required for the owning and keeping of dogs by virtue
of any law of the State of New Jersey or ordinance of the Borough
shall be issued to any person, unless a certification issued by a
duly licensed veterinarian, as hereinabove provided is presented to
the Health Department showing that such dog has been vaccinated against
rabies in the manner provided herein. Such certification shall indicate
that the annual vaccination has been made.
[1973 Code § 6-4.1]
No person except an officer in the performance of his duties,
shall remove a registration tag from the collar of any dog without
the consent of the owner, nor shall any person attach a registration
tag to a dog for which it was not issued.
[1973 Code § 6-4.2]
No person shall keep, harbor or maintain any dog which habitually
barks or cries.
[1973 Code § 6-4.3]
No person owning, keeping, harboring or in control of any dog
shall permit such dog to run at large upon any public street, public
park, public building or other public place within the Borough or
on private property without the permission of the owner of the property.
[1973 Code § 6-4.4]
No person shall permit any dog in his care or under his control,
whether or not on a tether, leash, cord or chain or the like, to go
upon the lawn, yard or entrance walk or driveway of any private residence
without permission of the owner thereof.
[1973 Code § 6-4.5]
Every person owning, keeping, harboring, or in control of a
dog shall be responsible for the curbing of the dog wherever the dog
shall be on public property or property dedicated to public use.
[1973 Code § 6-10.3; Ord. No. 6/20/74 § 3]
All dogs shall be kept under restraint.
[1973 Code § 6-10.8; Ord. No. 6/20/74 § 8]
No owner shall fail to exercise proper control of his dog to
prevent it from becoming a public nuisance. Excessive, continuous
or untimely barking, molesting passersby, chasing vehicles, habitually
attacking other domestic animals, trespassing upon school grounds,
or trespassing upon private or public property shall be deemed a nuisance.
[1973 Code § 6-10.7; Ord. No. 6/20/74 § 7]
Every female dog in heat shall be confined in a building or
secure enclosure in such manner that such female dog cannot come into
contact with another dog except for planned breeding.
[Ord. No. 05-05]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in the Borough of Lakehurst,
so as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
[Ord. No. 05-05]
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. 05-05]
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. 05-05]
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provision of this section while such
animal is being used for that purpose.
[Ord. No. 05-05]
The provisions of this section shall be enforced by the Police
Department and the Code Enforcement Officer of the Borough of Lakehurst.
[Ord. No. 05-05]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine as provided in the general
penalties, not to exceed one thousand two hundred fifty ($1,250.00)
dollars.
[1973 Code § 6-6; Ord.
No. 6/20/74 § 4]
Unrestrained dogs may be taken by police or the Animal Control
Officer, impounded in the animal shelter and there confined in the
manner prescribed in N.J.S.A. 4:19-15.14. Impounded dogs shall be
kept for not less than seven (7) days unless reclaimed by their owners.
If by a license or by other means the owner can be identified, the
Animal Control Officer shall, immediately upon impoundment, notify
the owner by telephone or mail of the impoundment of the dog. Dogs
not claimed by their owners within seven (7) days, or placed in suitable
new homes may be disposed of by methods prescribed as humane by the
American Veterinary Medical Association and the New Jersey Veterinary
Medical Association by the Animal Control Officer or by a representative
delegated by him to exercise that authority.
[1973 Code § 6-10.5; Ord. No. 6/20/74 § 5; New]
An owner reclaiming a dog impounded under subsection 5-6.1, or any animal impounded for whatever reason, shall pay a fee as established by the Interlocal Service Agreement with Ocean County Board of Health. The owner may also be proceeded against for violation of this section.
[1973 Code § 6-10.6; Ord. No. 6/20/74 § 6]
In addition to, or in lieu of, impounding a dog found at large,
the Animal Control Officer or Police Officer may issue to the known
owner of such dog a summons for ordinance violation.
[Ord. No. 09-15; N.J.S.A. 4:19-18; N.J.S.A. 4:19-23; N.J.S.A. 4:19-24; New; N.J.S.A.
4:19-28; N.J.S.A. 4:19-29; N.J.S.A.
4:19-30]
a.
POTENTIALLY DANGEROUS DOG
Definitions.
As used in this section:
shall mean any dog or dog hybrid declared potentially dangerous
by a Municipal Court pursuant to the provisions of N.J.S.A. 4:19-23.
b.
Findings
to Declare Dog Potentially Dangerous.
1.
The Municipal
Court shall declare a dog to be potentially dangerous if it finds
by clear and convincing evidence that the dog:
(a)
Caused
bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during
an unprovoked attack, and poses a serious threat of bodily injury
or death to a person, or
(c)
Has
been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
c.
Order and
Schedule for Compliance for Potentially Dangerous Dog; Conditions.
If the Municipal Court declares the dog to be potentially dangerous,
it shall issue an order and a schedule for compliance which, in part:
1.
Shall
require the owner to comply with the following conditions:
(a)
To
apply, at his own expense, to the Municipal Clerk or other official
designated to license dogs pursuant to N.J.S.A. 4:19-15.2, for a special
municipal potentially dangerous dog license, municipal registration
number, and red identification tag issued pursuant to N.J.S.A. 4:19-30.
The owner shall, at his own expense, have the registration number
tattooed upon the dog in a prominent location. A potentially dangerous
dog shall be impounded until the owner obtains a municipal potentially
dangerous dog license, municipal registration number, and red identification
tag;
(b)
To
display, in a conspicuous manner, a sign on his premises warning that
a potentially dangerous dog is on the premises. The sign shall be
visible and legible from fifty (50) feet of the enclosure required
pursuant to paragraph (c) below;
(c)
To
immediately erect and maintain an enclosure for the potentially dangerous
dog on the property where the potentially dangerous dog will be kept
and maintained, which has sound sides, top and bottom to prevent the
potentially dangerous dog from escaping by climbing, jumping or digging
and within a fence of at least six (6) feet in height separated by
at least three (3) feet from the confined area. The owner of a potentially
dangerous dog shall securely lock the enclosure to prevent the entry
of the general public and to preclude any release or escape of a potentially
dangerous dog by an unknowing child or other person. All potentially
dangerous dogs shall be confined in the enclosure or, if taken out
of the enclosure, securely muzzled and restrained with a tether approved
by the Animal Control Officer and having a minimum tensile strength
sufficiently in excess of that required to restrict the potentially
dangerous dog's movements to a radius of no more than three (3) feet
from the owner and under the direct supervision of the owner;
2.
May require
the owner to maintain liability insurance in an amount determined
by the Municipal Court to cover any damage or injury caused by the
potentially dangerous dog. The liability insurance, which may be separate
from any other homeowner policy, shall contain a provision requiring
the municipality in which the owner resides to be named as an additional
insured for the sole purpose of being notified by the insurance company
of any cancellation, termination or expiration of the liability insurance
policy.
d.
Duties
of Owner of Potentially Dangerous Dog. The owner of a potentially
dangerous dog shall:
1.
Comply
with the provisions of N.J.S.A. 4:19-17 et seq. in accordance with
a schedule established by the Municipal Court, but in no case more
than sixty (60) days subsequent to the date of determination;
2.
Notify
the licensing authority, local Police Department, and the Animal Control
Officer if a potentially dangerous dog is at large, or has attacked
a human being or killed a domestic animal;
3.
Notify
the licensing authority, local Police Department, and the Animal Control
Officer within twenty-four (24) hours of the death, sale or donation
of a potentially dangerous dog;
4.
Prior
to selling or donating the dog, inform the prospective owner that
the dog has been declared potentially dangerous;
5.
Upon the
sale or donation of the dog to a person residing in a different municipality,
notify the licensing authority, Police Department, and Animal Control
Officer of that municipality of the transfer of ownership and the
name, address and telephone of the new owner; and
6.
In addition
to any license fee required pursuant to section N.J.S.A. 4:19-15.3,
pay a potentially dangerous dog license fee of seven hundred ($700.00)
dollars to the municipality as provided by N.J.S.A. 4:19-31.
e.
Violations
by Owner; Penalties; Enforcement; Seizure and Impoundment of Dog;
Destruction by Order of Court. The owner of a potentially dangerous
dog who is found by clear and convincing evidence to have violated
this act, or any rule or regulation adopted pursuant thereto, or to
have failed to comply with a court's order shall be subject to a fine
of not more than one thousand ($1,000.00) dollars per day of the violation,
and each day's continuance of the violation shall constitute a separate
and distinct violation. The Municipal Court shall have jurisdiction
to enforce this section. An Animal Control Officer is authorized to
seize and impound any potentially dangerous dog whose owner fails
to comply with the provisions of N.J.S.A. 4:19-17 et seq., or any
rule or regulation adopted pursuant thereto, or a court's order. The
Municipal Court may order that the dog so seized and impounded be
destroyed in an expeditious and humane manner.
f.
Potentially
Dangerous Dog Registration Number, Red Identification Tag and License;
Issuance; Telephone Number to Report Violations; Publicity. The Municipality
shall:
1.
Issue
a potentially dangerous dog registration number and red identification
tag along with a municipal potentially dangerous dog license upon
a demonstration of sufficient evidence by the owner to the Animal
Control Officer that he has complied with the Court's orders. The
last three digits of each potentially dangerous dog registration number
issued by the municipality will be the three-number code assigned
to the municipality in the regulations promulgated pursuant to N.J.S.A.
4:19-33. The Animal Control Officer shall verify, in writing, compliance
to the Municipal Clerk or other official designated to license dogs
in the municipality;
2.
Publicize
a telephone number for reporting violations of this section and N.J.S.A.
4:19-17 et seq.
[N.J.S.A. 4:19-18; N.J.S.A. 4:19-22]
a.
VICIOUS DOG
Definitions.
As used in this chapter:
shall mean any dog or dog hybrid declared vicious by a Municipal
Court pursuant to N.J.S.A. 4:19-22.
b.
Findings
to declare dog vicious; grounds.
1.
The Municipal
Court shall declare the dog vicious if it finds by clear and convincing
evidence that the dog:
2.
A dog
shall not be declared vicious for inflicting death or serious bodily
injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the dog
was provoked. The municipality shall bear the burden of proof to demonstrate
that the dog was not provoked.
3.
If the
Municipal Court declares a dog to be vicious, and no appeal is made
of this ruling pursuant to section N.J.S.A. 4:19-25, the dog shall
be destroyed in a humane and expeditious manner, except that no dog
may be destroyed during the pendency of an appeal.
[1973 Code § 6-7.3]
Whether the Animal Control Officer has reason to believe or
has been notified by the State Department that there is a danger that
rabies may spread within the Borough, the Animal Control Officer or
any officer or inspector thereof shall serve a notice in writing upon
all persons within the Borough owning or having charge of any dog,
so far as the same may be known, requiring such person to confine
such dog or in lieu of serving such written notice the Board of Health
may cause a notice to be published in the official newspaper of the
Borough. Other animals may be included in the order whenever the Animal
Control Officer determines it to be necessary.
[Ord. No. 00-06 § 1]
No person shall own, possess, harbor or have in custody any
cat within the Borough over six (6) months of age unless such has
been vaccinated against rabies by a duly licensed veterinarian.
[Ord. No. 00-06 § 1]
All cats shall be kept under restraint. No cat shall be allowed
to run at large on private property, except that of the owner, or
on any of the public streets or public places of the Borough unless
the cat is securely confined and controlled.
[Ord. No. 00-06 § 1]
Unrestrained cats may be taken by Police or the Animal Control
Officer, impounded in the animal shelter and there confined to the
manner prescribed by N.J.S.A. 19-15.14. Impounded cats shall be kept
for not less than seven (7) days unless reclaimed by their owners.
If the owner can be identified, the Animal Control Officer shall,
immediately upon impoundment, notify the owner by telephone or mail
of the impoundment of the cat. Cats not claimed by their owners within
seven (7) days, or placed in suitable new homes may be disposed of
by methods prescribed as humane by the American Veterinary Medical
Association by the Animal Control Officer or by a representative delegated
by him to exercise that authority.
[Ord. No. 00-06 § 1]
In addition to, or in lieu of, impounding a cat found at large,
the Animal Control Officer or Police Officer may issue to the known
owner of such cat a summons for ordinance violation.
[Ord. No. 00-06 § 1]
Every female cat in heat shall be confined in a building or
secure enclosure in such manner that such female cat cannot come into
contact with another cat except for planned breeding.
[Ord. No. 00-06 § 1]
No owner shall fail to exercise proper control of his cat to
prevent it from becoming a public nuisance. Excessive, continuous
or untimely molesting of passersby, habitually attacking other domestic
animals, trespassing upon school grounds, or trespassing upon private
or public property shall be deemed a nuisance.
[1973 Code § 6-10.9; Ord. No. 6/20/74 § 9]
No owner shall fail to provide any animal in his control with
sufficient good and wholesome food and water, proper shelter and protection
from the weather, veterinary care when needed to prevent suffering,
and with humane care and treatment. No person shall beat, cruelly
ill treat, torment, overload, overwork, or otherwise abuse any animal,
or cause or permit any animals to combat between themselves, nor shall
any owner abandon such animal.
[1973 Code § 6-10.10; Ord. No. 6/20/74 § 10]
No person shall give away any animal as a prize for, or as an
inducement to enter, any contest, game or other competition, or as
an inducement to enter a place of amusement; or offer such animal
as an incentive to enter into any business agreement whereby the offer
was for the purpose of attracting trade.
[1973 Code § 6-10.11; Ord. No. 6/20/74 § 11]
Any animal which bites a person shall be quarantined on the
premises of its owner under the supervision of the authority designated
by the Borough for the period of time ordered by the authority. The
animal shall be securely confined and kept from contact with any other
animal during quarantine. The designated authority may require, at
its discretion, special confinement and order the animal surrendered
to the animal shelter or veterinary hospital at the owner's expense.
[1973 Code § 6-10.12; Ord. No. 6/20/74 § 12]
No Police Officer or other person shall kill, or cause to be
killed, any dog or cat suspected of being rabid, except after the
dog or cat or animal has been placed in quarantine and the diagnosis
of rabies is made by a licensed veterinarian. If a veterinarian diagnoses
rabies in a dog or cat or animal in quarantine, then the animal shall
be humanely killed and the head of such animal sent to a laboratory
for pathological examination and confirmation of the diagnosis.
[Ord. No. 05-06]
This section prohibits the feeding of unconfined wildlife in
any public park or on any other property owned or operated by Borough
of Lakehurst, so as to protect public health, safety and welfare,
and to prescribe penalties for failure to comply.
[Ord. No. 05-06]
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 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 of fish 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. 05-06]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Lakehurst, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
[Ord. No. 05-06]
This section shall be enforced by the Police Department and
Code Enforcement Officer. Any person found to be in violation of this
section shall be ordered to cease the feeding immediately.
[Ord. No. 05-06]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine as scheduled in the general
penalties not to exceed one thousand two hundred fifty ($1,250.00)
dollars.
[Ord. No. 2018-16]
The purpose of this section is to provide appropriate standards
and regulations for keeping chickens for noncommercial purposes within
an urban residential environment. This section establishes standards
and limitations so as to avoid adverse impacts on neighboring properties
and residents, and to provide for the health and safety of the chickens.
[Ord. No. 2018-16]
As used in this section:
shall mean (Gallus domesticus) and refers only to a female
chicken.
shall mean the covered house, structure or room that is required
in order to provide chickens with shelter from the weather and with
a roosting area protected from predators.
shall mean a fenced (or wire) area, or pen, required in association
with a coop in order to provide an outside exercise area for the chickens
free from predators, and of a size that allows for access to a foraging
area, sunlight, and natural space.
shall mean a violation of the provision of this section by
a person who has been previously found, through a code enforcement
process or any other quasi-judicial or judicial process, to have violated,
or who has admitted violating, the same provision within five (5)
years prior to the violation, notwithstanding that the violations
may occur at different locations.
[Ord. No. 2018-16 was adopted 12-20-2018]
a.
General
Conditions for the keeping of chickens.
1.
No person
shall keep chickens in areas other than the R-1, R-2, and R-3 zoning
districts, unless otherwise provided for in this section.
2.
No person
shall keep chickens on his/her property without first obtaining a
license from the Borough Clerk’s office and paying the required
fee therefor. Every license issued shall expire on December 31st of
each year. No license shall be issued unless the applicant has demonstrated
compliance with all criteria set forth in this section.
3.
A new
licensee who was maintaining chickens as of the effective date of
this section may be issued a license allowing such person(s) to come
into compliance with this section through the natural expiration of
their chickens.
4.
A license
fee of ten ($10.00) shall be paid for each license issued pursuant
to this section.
5.
All first-time
applicants and licensees shall attend an educational class on the
basics of raising backyard chickens acceptable to the Chicken Advisory
Board. Proof of completion must be presented with the completed application.
The Chicken Advisory Board will provide a class or refer the applicant
to an acceptable backyard chicken-keeping class as needed.
6.
Chickens
may be kept on an occupied single-family property within the zoning
districts. Chickens may not be kept on duplex, triplex or multifamily
properties. Chickens are allowed within manufactured home subdivisions,
but are not allowed within mobile home/manufactured home parks.
7.
Chickens
must be kept within the coop or enclosure at all times. Chickens may
roam outside of the coop area in a back yard suitably fenced to keep
them contained provided that a resident age eighteen (18) or older
is present the entire time.
8.
No ducks,
geese, turkeys, peafowl, or male chickens or roosters, or any other
poultry or fowl may be kept under the provisions of this section.
9.
Chickens
shall be kept for personal use only. The selling of chickens, eggs
or chicken manure, or the breeding of chickens for commercial purposes
is prohibited.
10.
The
slaughtering of chickens on premises is not allowed.
b.
Location
and Requirements for Chicken Coops and Enclosures.
1.
Any chicken
coop and fenced enclosure must be located in the rear yard. No coop,
enclosure or chickens shall be allowed in any front or side yard.
(Corner lots shall be excluded from the side setback restriction).
2.
If the
coop structure exceeds one hundred (100) square feet in size (10 foot
by 10 foot), a building permit is required to be obtained from the
Borough of Lakehurst. The coop and run structure shall not exceed
25% of the available back yard area.
3.
The coop
shall be covered and ventilated, and a fenced enclosure or run is
required. The coop and enclosure must be completely secured from predators,
including all openings, ventilation holes, doors and gates.
4.
All enclosures
for the keeping of chickens shall be so constructed or repaired as
to prevent rats, mice, or other rodents from being harbored underneath,
within, or within the walls of the enclosure. A covered enclosure
or fenced enclosure shall not be located closer than fifteen (15)
feet to any door or window of any dwelling or inhabitable structure
other than the owner’s dwelling.
5.
All stored
feed must be kept in rodent and predator-proof containers.
6.
The coop
shall provide a minimum of three (3) square feet per chicken and be
of a sufficient size to permit free movement of the chickens. The
coop may not be taller than seven (7) feet, measured from the natural
grade, and must be easily accessible for cleaning and maintenance.
c.
Health,
Sanitation and Nuisance as applied to the keeping of chickens.
1.
Chickens
shall not be permitted to trespass on neighboring properties, be released
or set free, and shall be kept within a coop and enclosure.
2.
Chicken
coops and enclosures shall be maintained a clean and sanitary condition
at all times. Chickens shall not be permitted to create a nuisance
consisting of odor, noise or pests, or contribute or any other nuisance
condition.
3.
Waste
shall be handled properly to prevent offensive odors and disposed
of in an environmentally-friendly manner.
d.
Enforcement
1.
Creation
of the Chicken Advisory Board; Complaints.
(a)
A Chicken Advisory Board consisting of three (3) members of the community
shall be formed. The Chair will be appointed to a one (1) year term
by the Mayor. The Chair will select two (2) other members, with approval
of the Governing Body, who will also serve for one (1) year.
(b)
The Chicken Advisory Board shall assist first-time chicken owners
by providing or recommending educational classes and assistance, as
well as provide continuing educational opportunities from time to
time.
(c)
The Chicken Advisory Board shall oversee compliance with all issued
licenses. Any complaints received by the Borough shall be forwarded
to the Board, who shall investigate said complaint. If the Board finds
a violation of this section, solutions will be discussed with the
offending resident to allow them to meet the requirements of the section.
If after thirty (30) days the violation has not been rectified, the
complaint will be forwarded to the Code Enforcement Officer for investigation
and compliance.
2.
Enforcement
regarding the keeping of chickens within any zoning district is addressed
within this section.
3.
In addition
to any other penalties, fines and other enforcement options available
pursuant to the Borough of Lakehurst Code, the Borough reserves the
right to seek revocation of any permit or license granted under this
section and/or initiate prosecution for the enforcement of any civil
infraction violation provided for under applicable law.
4.
In a
public health emergency declared by the Administrator of the Borough
of Lakehurst, including but not limited to an outbreak of Avian Flu
or West Nile virus, immediate corrective action may be required, in
accordance with applicable public health regulations and procedures
and in conjunction with Animal Services.
e.
Additional
permitted locations for the keeping of Chickens
1.
Notwithstanding
the provisions of this subsection to the contrary, any resident who
resides in a pre-existing non-conforming residence located in a non-residential
zone, may apply to the Chicken Advisory Board to keep Chickens as
otherwise provided for in this section. The Chicken Advisory Board
may issue a license to allow for the keeping of Chickens at such a
location only upon proof being submitted, satisfactory to the Chicken
Advisory Board, that the keeping of Chickens at the site shall be
in accord with the provisions of this section.
[1973 Code § 6-5]
The Animal Control Officer shall have the duty of enforcing
the provisions of this chapter but nothing herein contained or contained
in any other section of this chapter shall be construed as limiting
the duty or authority of the Chief of Police and the members of the
Police Department to enforce the provisions of this chapter.
[1973 Code § 6-9]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duties under this chapter.
[1973 Code § 6-8]
The Animal Control Officer and any member of the Police Department
is authorized to go upon any premises to seize for impounding, any
dog which he may lawfully seize and impound when he is in immediate
pursuit of such dog, except upon the premises of the owner of the
dog if the owner is present and forbids the same.
[1973 Code § 6-10.13; Ord. No. 6/20/74 § 13]
The Animal Control Officer shall have police powers in the enforcement
of this chapter and no person shall interfere with, hinder, molest
or abuse any Animal Control Officer in the exercise of such powers.
[1973 Code § 6-10.14; Ord. No. 6/20/74 § 14]
Where no other specific penalty is provided by law, any person
found guilty of violating any provision of this chapter shall be punished
by a fine of not less than fifty ($50.00) dollars nor more than five
hundred ($500.00) dollars. If any violation be continuing, each day's
violation shall be deemed a separate violation.
[Added 12-15-2022 by Ord. No. 2022-14]
[Added 12-15-2022 by Ord. No. 2022-14]
Farm animals shall mean and include goats, horses, ponies, sheep,
swine, cattle, and other domesticated hoofed animals which have historically
been used in the production of agriculture.
[Added 12-15-2022 by Ord. No. 2022-14]
No person or other entity shall possess, keep, or maintain any
farm animal(s) in the Borough of Lakehurst except in the case of an
existing owner of a farm animal(s) who shall be permitted to continue
to raise their farm animal(s) on the following conditions:
a.
Existing Farm Animal Owners must register their farm animal(s) with
the Borough Clerk within 30 days of the passing of this section.
1.
There shall not be any fees associated with registering an existing
farm animal.
b.
Existing farm animal owners shall not be permitted to acquire new
farm animals.
c.
Existing farm animal owners shall not be permitted to breed its existing
farm animals.
[Added 12-15-2022 by Ord. No. 2022-14]
Existing farm animal owners shall fence or pen their farm animals.
All places where animals are kept shall be maintained in a clean and
sanitary condition.
a.
Farm animals shall remain confined if left unattended. Farm animals
which are found running at large shall be guilty upon proof of a violation
by the property owner of the provisions of this section.
b.
All manure or offensive organic refuse shall be kept or stored at
least 50 feet from the nearest structure on adjacent properties.
[Added 12-15-2022 by Ord. No. 2022-14]
The owner of a farm animal(s) who is found by clear and convincing
evidence to have violated this chapter or applicable State law, or
any rule or regulation adopted pursuant to either, or to have failed
to comply with a Court's order shall be subject to a fine of
not more than $500 per day of the violation, and each day's continuance
of the violation shall constitute a separate and distinct violation.
The Municipal Court shall have jurisdiction to enforce this section.
An Animal Control Officer is authorized to seize and impound any existing
farm animal(s) whose owner fails to comply with the provisions set
forth above or a Court order. The Municipal Court may order that the
farm animal(s) be so seized, impounded or destroyed in an expeditious
and humane manner.
