[Adopted 5-5-1997 by Ord. No. 1265-97]
The governing body for the Township of Hamilton,
in the County of Atlantic, becoming aware of the existing and increasing
changes in the population, demographics and neighborhood characteristics
of the township and consistent with its obligation to amend the Code
of the Township of Hamilton, determines that it is in the best interests
of the residents of the municipality to exclude garbage feeding of
swine and to otherwise exclude the importation of garbage into the
municipality for swine feeding purposes. It is the purpose and intent
of this article to provide for the public peace, health and safety
and to preserve the character and quiet enjoyment of the residents
of this township. The governing body also is aware of the general
annoyance or nuisance created by swine farms and garbage feeding of
swine.
As used in this article, the following terms
shall have the meanings indicated:
Garbage which, regardless of previous processing, has been
heated either on the premises of the garbage feeding hog farm where
such garbage is to be fed or at a location approved by the Department
of Agriculture.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of foods, including
animal carcasses and other parts thereof; all waste material derived,
in whole or in part, from the meat of an animal, including fish or
poultry; or other animal material or other refuse of any character
whatsoever that has been associated with any such material, resulting
from the handling, preparation, cooking and consumption of food. All
waste material derived from vegetable or other such material resulting
from the handling, preparation, cooking or consumption of food.
Includes all premises on which one or more swine are maintained
and are fed garbage which has been obtained elsewhere other than the
premises where fed.
Any public or private corporation, individual, partnership
or other entity, except that it shall not mean a person who feeds
exclusively his/her own household garbage to swine which are raised
for such person's own use.
Pigs, hogs or boars.
The raising or maintenance of swine for personal consumption
and not for sale, barter or exchange.
It shall be unlawful for any person to garbage
feed any swine, as defined herein. It shall be unlawful to transport
garbage onto the property where swine are located for the purpose
of garbage feeding any swine within the geographic limits of the Township
of Hamilton. It shall be unlawful to feed swine garbage, whether cooked
or not, and it shall be unlawful to import garbage into the municipality
for the purpose of feeding that garbage to swine.
This article is passed pursuant to the provisions
of N.J.S.A. 4:5-106.19. The governing body adopts by reference the
provisions of the aforementioned statute.
The Atlantic County Board of Health and/or any
municipal, county or state agency shall be permitted onto the lands
for the purposes of inspecting premises and/or other improvements
on the land to determine if there is a violation of this article.
For the purpose of making such inspection, the representative of any
of the aforesaid agencies shall have free access to all buildings
and premises.
[Added 3-16-1998 by Ord. No. 1300-98]
A.
All terms and provisions of this article shall remain
in full force and effect except as is specifically altered and/or
changed herein.
B.
Prohibition of garbage feeding and/or importation
of garbage:
(1)
It shall be unlawful for any person to garbage feed
any swine, as defined herein. It shall be unlawful to transport garbage
on to the property where swine is located for the purpose of garbage
feeding any swine within the geographic limits of the Township of
Hamilton. It shall be unlawful to feed swine garbage, whether cooked
or not, and it shall be unlawful to import garbage into the municipality
for the purpose of feeding that garbage to swine.
(2)
The preceding subsection shall not apply under the
terms and conditions as set forth herein. No person shall operate
or conduct a garbage feeding swine farm or otherwise feed swine or
import garbage for the purposes of feeding swine unless:
(a)
Prior to the adoption of this article, said
person had a preexisting, validly issued license pursuant to N.J.S.A.
4:5-106.4;
(b)
The preexisting license issued pursuant to N.J.S.A.
4:5-106.4 has remained continuously in effect and has been renewed
without a lapse of time up to the date of the adoption of this section;
(c)
Said person has continuously operated a garbage
feeding swine farm continuously since the date of the adoption of
this article; and
(d)
Said person shall have operated said garbage
feeding swine farm since the effective date of this article on the
property which as of the effective date of this article shall consist
of a minimum of 35 contiguous acres. Contiguous acres for the purpose
of this article shall be defined as not being violated by intersecting
improved or unimproved streets or roadways.
(3)
In the event that said person complies with all four of the aforesaid conditions, the prohibition, as set forth in § 105-24 shall not apply, and that person shall be permitted to garbage feed swine in accordance with all of the terms and provisions of this article as well as all applicable municipal, county and state rules, regulations, statutes and laws including, without limitation, Zoning Ordinances of the Township of Hamilton[1], the rules and regulations as promulgated by the Atlantic
County Board of Health and all rules, regulations and statutes of
the State of New Jersey with respect to farming, swine farming and
garbage feeding of swine.
Any person who shall do an act or omit to do
an act or shall permit others to do an act on his/her property which
is in violation of this article shall be in violation of the law,
and upon conviction thereof, shall be given five days from the date
of notification of said violation to correct any such violations.
Failure to correct any such violations shall be subject to a penalty
or fine not to exceed $500 and up to 30 days in jail at the discretion
of the Municipal Judge. Each and every day that a violation shall
be found to exist shall constitute a separate violation of this article.
