[HISTORY: Adopted by the Township Committee
of the Township of Winslow 9-26-2023 by Ord. No. O-2023-021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 82,
Animals, Domesticated and Non-Domesticated, adopted 6-23-15 by Ord. No. O-2015-010, as amended.
For purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings stated herein,
unless their use in the text of this chapter 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 directory.
Any property that may be legally used for agricultural purposes,
including the cultivation of animals and plants to sustain and enhance
the lives of humans, domesticated animals, and non-domesticated animals.
This does not include residential type gardens.
Any animal off the premises of the owner or custodian of
the animal and not leashed and under the immediate control of the
owner or custodian of the animal.
Any fowl which is typically found on a farm, ranch or at
a stable. These fowl include but are not limited to chickens, ducks,
turkeys, geese, guinea hens, pigeons, pheasants, quail, chukar, and
other common fowl.
A pen or fence enclosure of durable construction permanently
affixed to the ground and used as an enclosure for the horses.
Any species of mammal, bird, reptile, amphibian, fish, mollusk,
or crustacean that is not indigenous to New Jersey as determined by
the Fish and Game Council in rules and regulations adopted pursuant
to the Administrative Procedure Act,[1] and shall include the young or eggs of any such species,
but shall not include 1) domesticated companion animals or farm livestock
as defined by the Fish and Game Council or 2) fish, shellfish, or
game species not indigenous to New Jersey for which fishing, harvesting,
hunting, or trapping is authorized and regulated pursuant to law,
the State Fish and Game Code,[2] or rules and regulations of the Fish and Game Council.
Any animal which is typically found on a farm, ranch or at
a stable. These animals include but are not limited to horses, cows,
goats, sheep, swine, llamas, alpacas, emus, ostriches and other common
animals.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of foods, including
animal carcasses or parts thereof.
Includes a horse, pony, or other such equine quadrupeds as
mules, asses, and donkeys.
Any species of mammal, bird, reptile, amphibian, fish, mollusk,
or crustacean that is indigenous to New Jersey, as determined by the
Fish and Game Council in rules and regulations adopted pursuant to
the Administrative Procedure Act, and shall include the young or eggs
of any such species.
Any horse or pony measuring at less than 34 inches from the
withers.
A non-domesticated animal is defined as any animal, reptile
or fowl which is not naturally tame or gentle but is generally of
a wild nature or disposition and which, because of its size, potentially
dangerous nature or other characteristics, may constitute a threat
to public health and safety. Non-domesticated animals include but
are not limited to the following:
Any member of the Felidae family. Examples: lions, tigers, jaguars,
leopards, cougars, bobcats, lynx, ocelots, etc., or any hybrid of
these species, even if crossbred with domesticated cats. Commonly
recognized domesticated cats are exempt.
Any member of the Canidae family. Examples: wolves, foxes, coyotes,
dingoes, jackals, etc., or any hybrid of these species, even if crossbred
with domesticated dogs. Commonly recognized domesticated dogs are
exempt.
All primates. Examples: monkeys, baboons, orangutans, apes,
chimpanzees, gibbons, gorillas, etc.
All crocodilian species. (all species and sub species of alligators,
crocodiles, caimans, etc.)
Large lizards. Examples: Komodo dragons, all species and subspecies
of monitor lizards, etc. Small lizards commonly recognized as pets
are exempt. (Bearded dragons, newts, iguanas, geckos, etc.)
All poisonous and or venomous animals, regardless of biological
classification.
All species of animals commonly recognized as wildlife. Examples:
deer, bear, skunks, raccoons, squirrels, opossums, groundhogs, bats,
etc.
Any animal not specifically listed above, but which can be reasonably
defined as a non-domesticated animal under this chapter.
Any property within the Township of Winslow that does not
meet the definition to be considered an agricultural property.
Any person or persons who shall possess, maintain, house
or harbor any animal or otherwise have custody of any animal, whether
or not the owner of such animal, or who shall own the property where
the animal is being housed or harbored.
Includes a firm, partnership, corporation and individual
or one or more individuals.
Any animal tamed and adapted to live in close association
with and to the benefit of humans, not including animals classified
as farm animals or livestock. These animals include but are not limited
to commonly recognized domesticated dogs and cats, and all other animals
that can be legally purchased and owned in the State of New Jersey
and generally considered as pets. These include but are not limited
to hamsters, gerbils, mice, domesticated rats, guinea pigs, ferrets,
rabbits, parrots, parakeets, and other similar birds, small nonvenomous
and nonpoisonous lizards and amphibians, nonvenomous snakes. Any animal
in this group that is legal to purchase and possess but requires a
fish and wildlife permit may be kept within Winslow Township if the
appropriate permit is obtained and maintained.
Includes hogs, swine, shoats and pigs.
Any species of exotic animal that has been determined by
the Fish and Game Council, in rules and regulations adopted pursuant
to the Administrative Procedure Act, to: 1) be capable of inflicting
serious or fatal injuries to humans, livestock, or pets, or 2) possess
the potential for becoming a significant threat to indigenous animals
or plants, the environment, agriculture, or the public health, safety,
or welfare.
Any species of indigenous animal that has been determined
by the Fish and Game Council in rules and regulations adopted pursuant
to the Administrative Procedure Act, to: 1) be capable of inflicting
serious or fatal injuries to humans, livestock, or pets, or 2) possess
the potential for becoming a significant threat to indigenous animals
or plants, the environment, agriculture, or the public health, safety,
or welfare.
A building or structure of durable construction permanently
affixed to the ground and used for boarding, sheltering, or housing
of horses. This term shall specifically exclude shipping, containers
or crates, truck bodies, vans or any similar enclosures for the housing
of animals.
Any bird other than a native, introduced, or feral game bird,
as defined in N.J.S.A. 23:4-49 and other than a domesticated bird
such as a chicken, turkey, guinea fowl, goose, duck, pigeon, or peafowl.
"Wild bird" also means the egg of a wild bird.
A.
Prohibition. All non-domesticated animals as defined herein are prohibited.
B.
Exemptions: Any individual, group or organization authorized to possess
non-domesticated animals by the NJ Fish and Wildlife agency for the
purposes of rehabilitation, research or education may have these animals
within Winslow Township provided they are compliant with all regulations
set forth by NJ Fish and Wildlife and Winslow Township. The facilities
where the non-domesticated animals are being kept must be available
for unannounced inspections by all authorized representatives of Winslow
Township and all other agencies having jurisdiction over the care,
control and custody of these animals. Any violations of the requirements
set forth by the regulatory agencies or any deficiencies in the facilities
that are not immediately corrected may result in the immediate seizure
of the animals in that facility.
A.
The following animals may be kept in connection with any residential
or agricultural use where not raised for commercial purposes: cats,
dogs, hamsters, gerbils, caged birds, fish or other usual household
pets.
B.
Restriction on number of pigs kept or maintained: No person shall
keep, have, raise, or maintain more than two pigs in this township,
except that such person or persons known as "farmers," whose chief
and sole occupation is the cultivation of soil, shall be allowed to
have, keep, raise, or maintain not more than 10 pigs.
C.
Cocks/cockerels/roosters are prohibited within the Township of Winslow,
except for any person owning or occupying a qualified farm.
D.
All farm animals/fowl shall be divided into classifications as follows:
(1)
Large animals, including cows, bulls, horses, donkeys and ponies.
(2)
Medium animals, including sheep, goats, miniature horses, alpacas,
and llamas.
(3)
Small animals/fowl, including chickens, geese, ducks, rabbits, turkeys,
pigeons, pheasants, or any other animal commonly referred to as "barnyard
fowl."
E.
Small animals/fowl require a minimum lot size of one acre and a maximum
of 12 animals per acre, except for any person owning or occupying
a qualified farm. It shall be unlawful to operate or maintain a commercial
turkey farm or chicken farm within the Township limits.
F.
Medium animals require a minimum lot size of two acres. Up to four
medium animals may be kept on a two-acre parcel and 10,000 square
feet of land is required for each additional medium animal after the
first two animals.
G.
Large animals require a minimum lot size of two acres. Up to two
large animals may be kept on a two acre parcel and 20,000 square feet
of land is required for each additional large animal after the first
two animals.
H.
Where a mixture of more than one size animal is kept, six small animals
shall equal one medium animal, and two medium animals shall equal
one large animal. The total number of small, medium, and large animals
shall not, in using this ratio, exceed the total number of large animals
permitted.
I.
Any lot located in the RL, RM, RH, PRC, PA and PR-1, PR-2, and PR-6 Zones shall be exempt from the above requirements, provided that it is at least 10 acres in size, a qualified farm and is properly maintained as set forth under Subsection J below.
K.
The above provisions allowing the keeping of farm animals are subject
to the following provisions:
(1)
All animals must be an accessory use to an active residential or
agricultural use.
(2)
Separate fencing shall not be required for each animal.
(3)
All fencing, enclosures, barns, stables, coops, shelters shall be
in the rear or side yard, not permitted in the front yard.
(4)
Assurance that all stables, buildings or enclosures are cleaned of
all waste, manure, garbage and other materials, and the waste, manure,
garbage and fecal material is removed from the premises or treated
in such a manner as to prevent odor and the attraction of rodents
or insects and that all stables, buildings or enclosures are sprayed
or disinfected in order to prevent flies, fleas, insects and rodents.
All sanitary provisions shall be maintained, and all public health
codes shall be followed.
(5)
All animals' enclosures shall be kept at least 50 feet from
the edge of the road and at least 25 feet from side property lines.
(6)
All animals shall be properly contained within a fenced-in area.
No ground tying shall be permitted.
(7)
No animals are permitted to run at large outside the properties properly
placed pastures.
(8)
In calculating the average above, only usable acreage can be included,
which would be that portion of the property which, in its then present
state, can be used for the raising of the animals in question. That
portion of the premises devoted to residential use or wooded areas
shall be excluded.
(9)
Buildings necessary to any use permitted in this section shall be
permitted, including barns, stables and chicken coops or similar buildings.
Except for farms in the PA Zone, no such building may exceed in square
feet the living area of the dwelling house erected on that property.
(10)
This section shall not authorize the raising of any animals not normally
raised on a farm. The raising of rare or exotic nonfarm animals for
commercial purposes shall be prohibited.
A waiver or appeal from any of the requirements of § 82-4 of this chapter may be obtained based on facts specifically particular to the application, including consideration to whether the use preexisted the effective date of this chapter. In addition, an applicant shall have the opportunity to present evidence for consideration at a hearing of the Zoning Board of Adjustments.
A.
A zoning permit is required prior to the placement of any large/medium/or small animals within Winslow Township. All structures, stables, run-ins, housing, corrals, shelters for animals must be shown on a survey of the property, dated within five years of the application. Permits must comply with the requirements of Chapter 40 § 54.1.
B.
Notwithstanding the foregoing, the Zoning Officer or ACO Officer
may waive the requirements of this section if, in the exercise of
his/her reasonable discretion, there is a de minimis deviation from
the specific requirements thereof.
Any and all animals defined herein must be kept healthy and
free from sickness and disease at all times. Should the officer question
the health of any animal, he/she shall have the authority to require
an examination by a veterinarian, such examination to be at the expense
of the owner or custodian of the animal. The Animal Control Officer
will make a determination as to how emergent the animal's condition
is and will require veterinary care in a time frame appropriate for
the animal and the conditions.
No animal may be kept or maintained in the Township of Winslow
unless such animal has provided for it an appropriate building, structure,
enclosure, pen, coop or corral for shelter and/or containment.
Every person owning, keeping or harboring any animal shall prevent
the animal from running at large outside the premises of such person,
unless the animal is restrained by a fence, enclosure or leash, and
no animals shall be permitted upon the streets or any other public
ways of the Township of Winslow unless under the immediate control
of the owner or his or her authorized custodian, who is at least 12
years of age and capable of handling the animal. Such action is declared
to be a nuisance and dangerous to the public health, safety and welfare
of the residents of the Township of Winslow.
The local official with the proper authority shall serve as
the local officer responsible for the enforcement of this chapter
and shall call upon any and all other state, county or local regulatory
officials for assistance as needed for the enforcement of this chapter.
All places and premises in the Township of Winslow shall be
subject to inspection by the local official with the appropriate authority
if that official has reason to believe that any section of this chapter
is being violated; provided, however, that the right of inspection
granted pursuant to this section shall be limited by all applicable
constitutional restrictions. To this end, the enforcing official shall
make application to the Judge of the Municipal Court of the Township
of Winslow, pursuant to the rules of court applicable thereto, for
a search warrant for purposes of inspection pursuant to this section,
where, under the applicable authorities, such warrant is required.
It shall be unlawful for any person to hinder, obstruct, delay, resist
or prevent the officer, or any enforcing official of the Township
of Winslow or other regulatory agency, from having full access to
any place or premises upon which a violation of this chapter is believed
to exist. The local official with the appropriate authority shall
also be authorized to conduct unannounced inspections at any time
at all locations with a special permit and will reinspect all properties
and facilities prior to the renewal of the special permit.
Whenever a violation of this chapter is found, or a nuisance
is created under this chapter, on any land, lot, right-of-way or any
other private premises or place, notice, in writing, shall be given
to the owner/custodian of the animal(s) to remove or abate and correct
same within a reasonable time, not to exceed 60 days. If the owner/custodian
is not on location, the notice will be left in a conspicuous place.
The keeping or housing of animals other than permitted by this chapter, or in violation of any applicable rule, law, regulation or statute, or the finding of an animal anywhere in the Township other than on the lands and premises of the owner or keeper of same shall be deemed to be a public nuisance. Such animal so identified and/or found may be seized at once by the local official with the appropriate authority or any police officer appointed within the Township, or any other duly authorized and designated official. If, during the course of seizing and impounding any such animal, the animal possess a risk of serious physical harm or death to any person, such person or persons authorized by the local official with the appropriate authority may render said animal immobile by means of tranquilizers or other drugs. If the Township official reasonably believes that the animal possess an immediate threat to their or the public's health and safety, then the animal shall be destroyed by the most humane means available at the time. Any cost incurred by the Township in seizing impounding or destroying an animal for a violation of this chapter, or in connection with the dropping off at a shelter or abandoning of any animal, shall be charged against the owner, keeper, custodian or harborer of such animal, and there shall be a charge to be collected by the Township to defray such cost and expense. This charge shall be in addition to any fine or penalty provided for violating this chapter. This section does not apply to the seizure and impoundment of dogs, which is governed by Chapter 126 of the Township Code, or wild birds, live indigenous animals, live exotic animals, live potentially dangerous indigenous animals, or live potentially dangerous exotic animals.
This chapter shall apply to all owners or custodians of animals
within the Township of Winslow in possession of animals prior to the
date of its adoption, except for farms which may keep the existing
number of animals possessed at the time of adoption. If the herein
chapter is amended in regards to adding a new animal or new type of
animal, all owners or custodians of animals within the Township will
be required to comply with those amended provisions. The provisions
of this Chapter shall not apply to existing fences or enclosures constructed
pursuant to this chapter; however, any new structures built after
the adoption of any amendments shall comply with new standards and
requirements.
Any person who violates any provision of this chapter shall,
upon conviction, be liable to the payment of a fine not exceeding
$1,000. Such penalties shall be imposed within the discretion of the
Municipal Court Judge of the Township of Winslow, giving due consideration
to the dangerous propensity of the animal and the intentional or nonintentional
aspect of the owner's or keeper's violation. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
