[Adopted 3-17-2015 by Ord. No. 2015-02]
A.
Title. This article shall be known as the "Animal Control: Livestock
Running at Large Code of the Borough of Glen Gardner," hereinafter
referred to as "this article."
B.
Purpose. This article shall be constructed to secure its expressed
intent, which is to ensure public health, safety and welfare insofar
as residents are affected by injury to any persons or other animals,
or cause damage to personal property including lawn, shrubbery, flowers,
grounds, trees or any property of persons other than the owner or
person having the care, custody or control of such unrestrained livestock
running at large within the Borough of Glen Gardner and to assess
violations and penalties accordingly.
As used in this article, the following terms shall have the
meanings indicated:
A fence measuring at least four feet high from the surface
of the earth and sufficiently enclosed and strong enough to prevent
livestock from escaping going through or under it is hereby required
wherever livestock is kept. If any livestock escapes from within the
confines of any fence it shall be presumed that such fence has not
met the provisions of this article. Any owner or lessee of the land
on which such fence is located is subject to the requirements of this
section.
All horses, ponies, donkeys, mules, miniature breeds and
all other equine; all domestic and exotic pigs, hogs, and other swine;
all cattle, goats, sheep, and all other bovine; all llamas, alpacas,
camels, and all other camelids; all chickens, ducks, geese, guinea
hens, peacocks, turkeys, emus, rheas, and all other poultry and fowl;
domestic rabbits, and all other animals traditionally raised for food,
fiber, fur, or production means; as well as any exotic animals or
reptiles.
Any livestock situated upon any public street, park, or any
other public place while unrestrained or situated upon any private
property, including the property of the livestock owner, while not
restrained by a sufficient fence, enclosure or tether and which is
not attended by the owner or his or her representative.
Any person or persons, firm, partnership or corporation having
the care, control, custody or management of any livestock as defined
above shall prohibit the animals to stray or run at large within the
limits of said Borough of Glen Gardner.
A.
When any livestock are taken up and distrained by any person for
running at large, they shall be forthwith impounded by the Animal
Control Officer and shall be furnished with suitable food and water,
so long as they are detained.
B.
The owner of livestock in the custody or possession of the Animal Control Officer pursuant to this article may claim and be entitled to the possession of the livestock. Upon payment to the Animal Control Officer of reasonable compensation for the care and keeping of the livestock, upon satisfactory proof of ownership of the livestock, and upon making reparation as provided in § 53-18, the livestock shall be returned to its owner.
A.
Notice. The Borough, or any duly authorized Code or Animal Control
Official, shall cause a notice to be issued to the applicable person
or persons, firm, partnership or corporation when a violation of this
article occurs.
B.
Form. Such notice prescribed in § 53-18A shall be in accordance with all of the following:
(1)
Be in writing.
(2)
Include the identity or description of the animal.
(3)
A statement of when, where, what damage was done if known.
(4)
Include a correction order allowing a reasonable time for restitution
of penalties and damages to be made.
(5)
Inform the property owner of the right to appeal.
C.
Method of service. Such notice shall be deemed to be properly served
if a copy thereof is sent by first-class mail, express mail, overnight
carrier or certified mail addressed to the last known address.
