[Adopted 9-14-2023 by Ord. No. 23-14]
The intent of this article is to define, enact and regulate
the prohibition of keeping domestic fowl within the Borough of River
Edge while protecting the health, safety and general welfare of the
residents and the public community.
As used in this article, the following terms shall have the
meanings indicated:
The governing body concerned with public health within the
Borough of River Edge.
A fenced, covered, or other type of enclosure open to the
elements, for the purpose of allowing chickens to roam freely while
remaining in a predator-safe environment potentially attached to a
henhouse or chicken coop.
Birds in the zoological class of Galliformes, Anseriformes
and Columbidae which can be commonly kept for the consumption, sell
or production of meat, eggs, feathers, or other by product, which
shall include, but not be limited to, chickens (roosters and hens),
ducks, quail, geese, swans, doves, turkeys, pigeons, pheasant pea
fowl, guinea fowl, ostriches, peacocks and emus; but excluding tropical
birds generally confined to small indoor cages, such as parrots, parakeets,
finches, canaries and the like.
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife or domesticated animals. Feeding does not include baiting
in the legal taking of fish and/or game.
See definition for "domestic fowl."
A public health official who, and his/her designees administers
and enforces laws pertaining to environmental health and sanitation.
A domestic female hen considered a chick, pullet, or adult.
A structure providing shelter for chickens which is completely
enclosed, predator resistant and allows for sunlight, ventilation,
and seasonal protection from elements.
Any individual, firm, company, organization, association,
syndicate, partnership, or corporation having legal or sufficient
proprietary interest, in charge, in care, or in control of all premises.
Any individual or entity owning property within the Borough
of River Edge.
Any burial ground building provided by any person, whether
for profit, to veterinarians or members of the public for use, or
reservation for use, for the permanent interment or inurnment above
or below ground of pet remains.
Small gnawing mammals such as a mouse, squirrel, or rats.
A chicken who is six weeks or older with distinguished plumage
color, long tail feathers, a large comb and wattles or a male domestic
chicken capable of crowing and fertilizing hen's eggs.
Any noxious species including but not limited to flies, fleas,
insects, and certain species of beetles.
Living things and especially mammals, birds, and fishes that
are neither human nor domesticated includes but not limited to racoons,
bears, deer, ground hogs, chipmunks, squirrels or other independently
living species within the Borough of River Edge.
A.
No person or owner within the Borough of River Edge shall maintain
any live domestic fowl including but not limited to cud-chewing or
hoofed animals, roosters kept in chicken runs, pens, houses, coops
or allow to free roam, Except for the Bergen County Zoo within Van
Saun County Park.
B.
It shall be unlawful for anyone to keep pigeons for any purpose,
in chicken runs, pens, houses or coops or free roaming.
D.
Any owner or person keeping domestic fowl or roosters within the
Borough of River Edge prior to the adoption of this ordinance, shall
forfeit their ownership within 60 days of the effective date of this
article or a reasonable time allocated by the Board of Health.
No owner or person shall breed, raise, sell domestic fowl or
their byproducts for domestic or commercial purposes within the Borough
of River Edge.
A.
The owner or person in violation of this article, is hereby required
to remove, from such lands and property, any domestic fowl found,
witnessed, proven to exist or observed by the Health Officer or his/her
designee, no less than 24 hours, after receipt of a notice of violation
stating abatement requirements.
B.
It shall be unlawful for any person to slaughter any domestic fowl
or rooster within the Borough of River Edge.
C.
Domestic fowl may not be buried at any depth within the Borough of
River Edge.
D.
It shall be unlawful to have a pet cemetery within the Borough of
River Edge.
A.
This article shall be enforced by the Health Officer and his/her
designees and the police department.
B.
Whenever the Health Officer and his/her designees or the police department
become aware that domestic fowl are being kept within the Borough
of River Edge or observe any violation named in this article, they
may issue a summons which shall be answerable before the Borough Judge.
C.
A violation of any of the provisions of any article that exists repeatedly
shall constitute as a separate violation daily.
A.
Except as otherwise provided by N.J.S.A. 4:19-15.1 et seq., any person
who violates this article shall be liable to a penalty of not less
than $250 no more than $1,000 for each individual and if applicable,
daily offense, in the name of the Borough of River Edge.
B.
Complaints shall be made to the Municipal Court in the Borough of
River Edge, or any other court that shall be of competent jurisdiction.
This provision shall not be construed as to limit the court's
power to impose other and additional penalties as provided by N.J.S.A.
26:3-77 and 26:3-78.
