Township of Montville, NJ
Morris County
[HISTORY: Adopted by the Board of Health of the Township of Montville by BOH Ord. No. 1999-1 as Ch. 17.40 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES

Fee schedule — See Ch. 169.

Nuisances — See Ch. 424.

§ 438-1
Definitions. 

§ 438-2
Permit required. 

§ 438-3
Application for permit; compliance with zoning regulations. 

§ 438-4
Permit fee. 

§ 438-5
Minimum standards. 

§ 438-6
Inspection of premises. 

§ 438-7
Nuisance. 

§ 438-8
Suspension or denial of permit; hearing. 

§ 438-9
Violations and penalties. 

§ 438-1 Definitions.

For the purpose of this chapter, the following terms shall have the meanings indicated:

GARBAGE
Includes waste material containing animal and vegetable matter or only animal matter originating in houses, kitchens, restaurants, slaughterhouses, rendering plants, hotels, produce markets, etc.
PERSON
Includes an individual, firm, corporation, association, society, partnership and their agents or employees.
SWINE
That number prescribed by this chapter of animals of the porcine family, except offspring of said animals, which offspring are permanently removed from the premises upon being weaned.

§ 438-2 Permit required.

No person shall have, keep, raise or maintain any swine, as herein defined, within the boundaries of the Township of Montville without first having procured from the Board of Health a permit for that purpose. Such permit shall entitle the holder thereof to have, keep, raise or maintain on the premises mentioned in such permit not more than five swine, as herein defined.

§ 438-3 Application for permit; compliance with zoning regulations.

A. 

Application for a permit shall be made in writing to the Board of Health on forms provided for that purpose by the Board and shall be accompanied by a report of facts relating to each provision of § 438-5 of this chapter. A permit shall not be issued until the Board has inspected and approved the site and facilities where the swine are to be maintained to assure compliance with the provisions of said § 438-5 hereof.

B. 

Before a permit shall be issued the Board shall ascertain that the premises are located in a zone in which the maintenance of swine is permitted by the Zoning Ordinance of the Township of Montville,

Editor's Note: See Chapter 230, Land Use Code, Part 4, Zoning.
and that the number of swine to be permitted, which shall in no event exceed five, shall comply with the provisions of said Zoning Ordinance as to lot area and housing space per animal.

§ 438-4 Permit fee.

Editor's Note: Amended at time of adoption of Code (see Ch. 405, General Provisions, Board of Health, Art. I).

The fee for a permit shall be as set forth in Chapter 169, Fee Schedule, which shall be paid at the time application for the permit is made. The permit shall expire on June 30 of each year, and application for renewal thereof shall be submitted, together with the appropriate renewal fee, prior to July 1 of each year. A renewal application submitted after June 30 shall be assessed an additional late fee charge as set forth in Chapter 169.

§ 438-5 Minimum standards.

The premises on which swine are maintained shall meet the following minimum standards at all times:

A. 

Location is such as to preclude odors and sounds therefrom interfering with the comfortable enjoyment of life and property on neighboring premises.

B. 

Buildings, food storage bins, appliances, equipment, feeding areas and other facilities on premises which might provide food or shelter for insects or rodents are constructed and maintained in such fashion as to permit proper cleansing.

C. 

Water supply is adequate for proper sanitation.

D. 

Water or other liquid to which mosquitoes may have access is properly treated to prevent their breeding.

E. 

Disposition is made of animal wastes, garbage, refuse or vegetable matter deposited upon the premises in such manner as to prevent insect breeding or rodent harborage or pollution of the air or any body of water.

F. 

Rodents or insects hazardous to public health do not exist or reproduce therein or thereon.

G. 

Garbage fed to swine is thoroughly cooked in apparatus approved by the enforcing official at a temperature of not less than 185° F.

H. 

Adequate equipment is available to maintain the premises in a sanitary condition at all times.

§ 438-6 Inspection of premises.

The Board of Health or its authorized representative may at any reasonable time enter upon premises on which swine are maintained to inspect the same in order to ensure compliance with the provisions of § 438-5 hereof.

§ 438-7 Nuisance.

The maintenance of swine on premises in violation of any of the provisions of § 438-5 hereof is hereby declared to be a nuisance and detrimental to public health.

§ 438-8 Suspension or denial of permit; hearing.

Permits may be denied or suspended by the Board of Health for failure to comply with the provisions of this chapter. Such denial or suspension shall become effective only after the permittee has been afforded a hearing upon notice. However, the Board may suspend a permit without prior hearing when such action is necessary to obtain the abatement of a nuisance as defined in § 438-5.

§ 438-9 Violations and penalties.

A. 

Any person who violates or neglects to comply with any provision of this chapter or notice issued pursuant thereto shall be fined, upon conviction, not less than $50 nor more than $1,000 for each violation.

[Amended 2-28-2006 by Ord. No. 2006-09
Editor's Note: Amended at time of adoption of Code (see Ch. 405, General Provisions, Board of Health, Art. I).
]

B. 

Each day that a particular violation continues shall constitute a separate offense.