[Derived §§ 9-1 to 9-9 of the 1972 Ocean Codified
Ordinances, as amended through Ord. No. 1977-13]
The purpose of this article is to protect the health, safety
and welfare of the people of the Township by regulating and controlling
the keeping of animals in the Township. Due to increased building
development and growing population, the keeping of animals in the
Township has been creating and may create in the future substantial
interference with the exercise of the rights of the public and the
enjoyment of property by private persons. Improper keeping of animals
may create a hazard to the health, welfare and safety of the public
for the reason that such animals attract, harbor and foster the breeding
of flies, insects and rodents and the germination of bacteria and
other infectious microbes, all of which may cause diseases. The keeping
of animals may create foul and noxious odors as well as disturbing
noises that interfere with the enjoyment of public rights.
Animals in the Township shall be classified as follows:
A.
Class I: A carnivorous animal of moderate to large size, usually
found in a wild state, an undomesticated mammal or reptile of large
size.
B.
Class II: A horse, pony, donkey or any other animal of the same biological
order.
C.
Class III: A cow, sheep, goat, pig or any other animal of the same
biological orders.
D.
Class IV: Fowl, including but not limited to chickens, hens, ducks,
turkeys, cocks, pheasants or barnyard-type birds raised for meat or
otherwise.
E.
Class V: Pigeons, rabbits, mink and other animals which when raised
are normally kept outdoors in cages raised off ground level.
Domestic cats, domestic dogs, canaries, parakeets, parrots,
hamsters, guinea pigs, gerbils, monkeys and other domesticated animals
usually kept within the confines of a dwelling house are specifically
excluded from the operation of this article.
A.
Class I animals. No animal of Class I shall be kept or maintained
in the Township.
B.
Class II animals.
(1)
One animal. Not more than one animal of Class II may be kept or maintained
on a lot of at least one acre, excluding any buildings or structures
except those necessary for the housing and maintenance of such animal,
provided such animal shall be kept and maintained in a fully enclosed
corral containing at least 1,600 square feet, contiguous to a stable
under roof of at least 100 square feet.
(2)
Two animals. Not more than two animals of Class II may be kept or
maintained on lot of at least 1 1/2 acres, excluding any buildings
or structures except those necessary for the housing and maintenance
of such animals, provided such animals shall be kept and maintained
in a fully enclosed corral containing at least 1,600 square feet per
animal, contiguous to a stable under roof of at least 100 square feet
per animal.
(3)
Three animals. Not more than three animals in Class II may be kept
or maintained on a lot of at least two acres, excluding any buildings
or structures except those necessary for the housing and maintenance
of such animals, provided such animals shall be kept and maintained
in fully enclosed corral containing at least 1,600 square feet per
animal, contiguous to stable under a roof of at least 100 square feet
per animal.
C.
Class III animals. The keeping or maintaining of an animal or animals
of Class III shall be forbidden unless such animal or animals shall
be kept and maintained on land of sufficient area. There shall be
at least one acre for every two animals, excluding any buildings or
structures except those necessary for the housing and maintenance
of such animals, provided such animals shall be kept and maintained
in a fully enclosed corral containing at least 800 square feet per
animal contiguous to stable under roof of at least 50 square feet
per animal.
D.
Class IV animals. No animal of Class IV may be kept or maintained
in the Township unless such animal or animals shall have a building
for its shelter. Such building shall be of standard design and size
for the animal or animals it is to house and shall be constructed
of a good grade of building materials in a workmanlike manner, and
shall have a fully enclosed coop for the animal's containment.
No building, coop, or accessory structure used for the housing of
an animal or animals of Class IV or enclosures or pens for their containment
shall be located within 50 feet of any adjacent property line or within
100 feet of any dwelling house located on the lot on which such animal
or animals shall be kept or maintained.
E.
Class V animals. No animal of Class V shall be kept and maintained
in the Township except in cage constructed in a sturdy manner sufficient
for containment. No cage or structure used for housing an animal or
animals of Class V shall be located within 25 feet of any adjacent
property line or within 25 feet of any dwelling house located on the
lot on which such animal or animals shall be kept or maintained.
For the purpose of this article, the following terms shall have
the meanings indicated:
The fenced in or enclosed area contiguous to a stable used
primarily for the purpose of housing, feeding and grooming an animal
or animals of Class II or Class III. A corral shall not include any
additional area or areas fenced in or enclosed and used primarily
for the grazing of such animals.
A parcel or area of land, under common ownership, the dimensions
and extent of which are established by the latest approved map of
a subdivision of which the land is part or as otherwise permitted
by law.
Structure on a lot qualifying for the housing of an animal
or animals of Class II or III.
A.
Location of stable. No stable for the housing of an animal or animals
of Class II or Class III nor any corral for containing them shall
be located within 100 feet of any adjacent property line nor within
100 feet of any dwelling house located on the lot on which the animal
or animals shall be kept or maintained.
B.
Grazing and pasture. No animal or animals of Class II or Class III
may graze in an area separate and apart from the corral unless such
area shall:
(1)
Be fenced in or enclosed;
(2)
Contain at least 1,600 square feet for each animal of Class II to
be grazed and at least 800 square feet for each animal of Class III
to be grazed;
(3)
Be located not closer than 20 feet to any adjacent property line
nor within 100 feet of any dwelling house located on the lot on which
the animal or animals shall be kept and maintained.
In accordance with the purposes set forth in § 95-1, a violation of §§ 95-4 through 95-6 of this article shall be deemed to constitute a condition that will endanger the health, safety and welfare of the public and is declared to be a public nuisance. Such a nuisance shall be subject to abatement at the expense of the property owner.
Upon the written request of any person keeping or proposing
to keep an animal or animals of Class II, Class III or Class IV in
the Township, accompanied by a check or money order in the amount
of $5 made payable to the Township, the Township building official
shall inspect the property of such person to determine whether the
lot on which such animal or animals are kept, or proposed to be kept,
complies with the provisions of this article and shall issue a certification
of his/her findings.
Nothing contained in this article shall prohibit the presence
of a domesticated animal in or upon public or private property while
in the presence and full control of its owner or person in possession
thereof.
