[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:
ANIMAL
shall mean any live, vertebrate creature, domestic or wild.
ANIMAL CONTROL OFFICER
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.
ANIMAL SHELTER
shall mean any premises designated by the Governing Body for the purpose of impounding and caring for animals held under authority of this section.
AT LARGE
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.
CAT
shall mean any member of the species generally referred to as feline familiaris.
DOG
shall mean any member of the species generally referred to as canis familiaris. See also Section 5-7 Potentially Dangerous Dogs and Vicious Dogs.
DOG OF LICENSING AGE
shall mean any dog which has attained the age of six (6) months.
OWNER
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.
RESTRAINT
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.
d. 
Potentially Dangerous Dog Fee. The license fee for a potentially dangerous dog shall be as stated in Section 5-7 Potentially Dangerous Dogs, Vicious Dogs.
[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 § 6-10.8; 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.
IMMEDIATE
shall mean that the pet solid waste is removed at once, without delay.
OWNER/KEEPER
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.
PERSON
shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PET
shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
shall mean waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
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. 
Definitions. As used in this section:
POTENTIALLY DANGEROUS DOG
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
(b) 
Severely injured or killed another domestic animal, and
(1) 
Poses a threat of serious bodily injury or death to a person; or
(2) 
Poses a threat of death to another domestic animal, or
(c) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
2. 
A dog shall not be declared potentially dangerous for:
(a) 
Causing bodily injury as defined in N.J.S.2C:11-1(a) to a person if the dog was provoked, or
(b) 
Severely injuring or killing a domestic animal if the domestic animal was the aggressor.
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.
g. 
Potentially Dangerous Dog; License Required; Fee. The owner or keeper of any dog declared to be potentially dangerous shall obtain a license from the municipality for an annual fee as stated in subsection 5-2.5 Fees. The license shall be issued according to the provisions of N.J.S.A. 4:19-30.
[N.J.S.A. 4:19-18; N.J.S.A. 4:19-22]
a. 
Definitions. As used in this chapter:
VICIOUS DOG
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:
(a) 
Killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to a person; or
(b) 
Has engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.
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.
FEED
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.
PERSON
shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
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:
CHICKEN
shall mean (Gallus domesticus) and refers only to a female chicken.
COOP
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.
CHICKEN ENCLOSURE
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.
REPEAT VIOLATION
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.
5. 
No person convicted as a repeat violator of subsection 5-12.3 may be permitted to, or continue to, keep chickens on their premises. Repeat violators are defined in subsection 5-12.2.
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 § 6-8]
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]
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.