[Adopted 2-28-2006 by Ord. No. O-06-6]
The following terms shall have the meanings indicated:
ANIMAL SOLID WASTE
Waste matter expelled from the bowels of an animal; excrement.
EXOTIC ANIMALS
Any nongame species of mammal, bird, reptile or amphibian not indigenous to New Jersey.
FARM
The meaning as set forth in § 190-3 of Chapter 190, Land Use.
FARM ANIMALS
Refers to those species of animals that are typically raised on a farm as defined in this article, such as livestock and poultry.
FEED
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.
IMMEDIATE
At once, without delay.
PERSON
Includes but is not be limited to individuals, corporations, companies, associations, societies, including nonprofit organizations, firms, partnerships, joint-stock companies, individuals and governmental entities.
PET
Any animal, other than a disability assistance animal, kept for any period of time in or at any residence, sold or retained for the purpose of being kept for pleasure, companionship or utilitarian purposes and not kept for food source.
POTENTIALLY DANGEROUS SPECIES
Any exotic mammals, birds, reptiles or amphibians, or wild animal which, in the opinion of the New Jersey Department of Environmental Protection, Division of Fish and Wildlife (or its successor), is capable of inflicting serious or fatal injuries, or which has the potential to become an agricultural pest, or a menace to the public health, or indigenous wildlife populations, including but not limited to those set forth in N.J.A.C. 7:25-4.8.
PROPER DISPOSAL
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 treatment and disposal.
WATERFOWL
Any bird that frequents the water, or lives about rivers, lakes, etc., or on or near the sea; aquatic fowl including, but not limited to ducks, geese, swans, herons and egrets.
WILD ANIMAL
Any animal, which is not human nor domesticated, including but not limited to bears, coyotes, deer, feral cats, foxes, groundhogs, opossums, raccoons, skunks, waterfowl, wolves and hybrid wolves.
The following restrictions shall apply to all areas located in a residential zone within Freehold Township pursuant to §§ 190-125 through 190-143 of Chapter 190, Land Use:
A. 
Housing or storing of farm animals is prohibited unless a location in which the animals are being stored is a farm in accordance with this article.
B. 
Large exotic animals, as determined by the Freehold Township Health Department, and potentially dangerous species are not permitted in residential zones.
A. 
No person shall possess any potentially dangerous species unless such person has first received both the required permit from the New Jersey Department of Environmental Protection in accordance with N.J.A.C. 7:25, Subchapter 4, and has registered with the Freehold Township Board of Health. In registering with the Freehold Township Board of Health, a person seeking to possess any potentially dangerous species must present the permit obtained from the New Jersey Department of Environmental Protection.
B. 
A registration fee as provided in chapter 150, Fees, must be tendered to the Freehold Township Board of Health upon registering such animal with the Township.
A. 
Requirements for disposal. All persons are required to immediately and properly dispose of their pet solid waste deposited on any property, public or private, whether or not owned or possessed by that person.
B. 
Storage of receptacles. At no time may refuse containers be placed closer than 50 feet from a stream or wetland area, as delineated by the New Jersey Department of Environmental Protection.
C. 
Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
A. 
Feeding of wild animals, birds and waterfowl prohibited.
(1) 
No person shall purposely or knowingly, as said terms are defined in Title 2C of the New Jersey Revised Statutes, feed, bait or in any manner provide access to food to any wild animal, birds or waterfowl in Freehold Township, on lands either publicly or privately owned, except as permitted by Subsection B below. This section shall not apply to the feeding of farm animals, nor to confined wildlife (for example, wildlife confined in stables, parks or rehabilitation centers, nor unconfined wildlife at environmental education centers).
(2) 
No person shall purposely or knowingly leave or store any refuse, garbage, food product, pet food, forage product or supplement, salt, seed or birdseed, fruit or grain in a manner that would constitute an attractant to any wild animal or waterfowl.
(3) 
After being advised by the Township to undertake remedial action to avoid contact or conflict with wild animals, no person shall continue to provide, or otherwise fail to secure or remove, any likely food sources or attractants, including, but not limited to, outdoor trash, grills, pet food, bird feeders or any other similar food source or attractant.
(4) 
Nothing in this section shall apply to:
(a) 
Any agent of the Township authorized to implement an alternative control method set forth in any approved community-based deer management plan and possessing a special deer management permit issued by the New Jersey Division of Fish and Wildlife in accordance with the provisions of P.L. 2000, c.46[1]; or
[1]
Editor's Note: See N.J.S.A. 23:4-42.3 et seq.
(b) 
Any hunter engaging in baiting for the purpose of hunting pursuant to a valid hunting license issued in accordance with the provisions of Title 23 of the New Jersey Revised Statutes.
B. 
Feeding of songbirds and other backyard birds permitted. Feeding of songbirds and other backyard birds shall be permitted outdoors at such times and in such numbers that:
(1) 
Such feeding does not create an unreasonable disturbance that affects the rights of surrounding property owners and renders other persons insecure in the use of their property;
(2) 
Does not create an accumulation of droppings on the property and surrounding properties; and
(3) 
Does not become an attractant for rodents or other wild animals.
Any individual may seek a waiver from full or partial compliance with any section of this article by filing a written request for a waiver with the Freehold Township Board of Health. The Board of Health shall have 45 business days from receipt of the waiver request to issue a written decision either granting or denying the request. A granting of a waiver shall not serve to cure any violations issued by any entity within the Township prior to the issuance of such written notification, nor shall the granting of any waiver request be effective until and unless written notification is issued by the Board of Health.
Any animal owned or harbored in accordance with this article must be kept and maintained so as not to create a public health nuisance as determined by the Township of Freehold in accordance with the criteria set forth in N.J.S.A. 26:3-45 et seq.
A summons alleging a violation of this article may be issued by the Freehold Township Code Enforcement Officer, the Freehold Township Health Officer or designee or by the Freehold Township Police Department. Alternatively, any individual may file a complaint with the Freehold Township Municipal Court, which shall issue a summons in accordance with the New Jersey Rules of Court.
Any person(s) who is found to be in violation of the provisions of this article shall, upon conviction, be subject to a penalty as stated in Chapter 1, Article II, General Penalty. Each and every day in which a violation of any provision of this article exists shall constitute a separate violation.