Township of Winslow, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Winslow 6-23-15 as Ord. No. O-2015-010. Amendments noted where applicable.]
For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein, unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not directory.
AGRICULTURAL
Any property that may be legally used for agricultural purposes, including the cultivation of animals and plants to sustain and enhance the lives of humans, domesticated animals, and non-domesticated animals. This does not include residential type gardens.
ANIMALS RUNNING AT LARGE
Any animal off the premises of the owner or custodian of the animal and not leashed and under the immediate control of the owner or custodian of the animal.
FARM ANIMAL/LIVESTOCK
Any animal which is typically found on a farm, ranch or at a stable. These animals include but are not limited to horses, cows, goats, sheep, swine, llamas, alpacas, emus, ostriches, chickens, ducks, turkeys, geese, guinea hens, pigeons, pheasants, quail, chukar, and other common fowl.
NON-AGRICULTURAL
Any property within the Township of Winslow that does not meet the definition to be considered an agricultural property.
NON-DOMESTICATED ANIMALS
A non-domesticated animal is defined as any animal, reptile or fowl, which is not naturally tame or gentle but is generally of a wild nature or disposition and which, because of its size, potentially dangerous nature or other characteristics may constitute a threat to public health and safety. Non-domesticated animals include but are not limited to the following:
(1) 
Any member of the Felidae family. Examples: Lions, tigers, jaguars, leopards, cougars, bobcats, lynx, ocelots, etc. or any hybrid of these species even if cross bred with domesticated cats. Commonly recognized domesticated cats are exempt.
(2) 
Any member of the Canidae family. Examples: wolves, foxes, coyotes, dingoes, jackals, etc. or any hybrid of these species even if cross bred with domesticated dogs. Commonly recognized domesticated dogs are exempt.
(3) 
All primates. Examples: Monkeys, baboons, orangutans, apes, chimpanzees, gibbons, gorillas, etc.
(4) 
All crocodilian species. (All species and sub species of alligators, crocodiles, caiman, etc.)
(5) 
Large lizards. Examples: Komodo Dragons, all species and sub species of monitor lizards, etc. Small lizards commonly recognized as pets are exempt. (Bearded dragons, newts, iguanas, geckos, etc.)
(6) 
All poisonous and or venomous animals regardless of biological classification.
(7) 
All species of animals commonly recognized as wildlife. Examples: deer, bear, skunks, raccoons, squirrels, opossums, groundhogs, bats, etc.
(8) 
Any animal, species or sub species that are prohibited by state or federal law.
(9) 
Any animal not specifically listed above, but which can be reasonably defined as a non-domesticated animal under this chapter.
OWNER/CUSTODIAN
Any person or persons who shall possess, maintain, house or harbor any animal or otherwise have custody of any animal, whether or not the owner of such animal, or who shall own the property where the animal is being housed or harbored.
PETS/DOMESTICATED ANIMALS
Any animal tamed and adapted to live in close association with and to the benefit of humans, not including animals classified as farm animals or livestock. These animals include but are not limited to commonly recognized domesticated dogs and cats, and all other animals that can be legally purchased and owned in the State of New Jersey and generally considered as pets. These include but are not limited to hamsters, gerbils, mice, domesticated rats, guinea pigs, ferrets, rabbits, parrots, parakeets, and other similar birds, small non-venomous and non-poisonous lizards and amphibians, non-venomous snakes. Any animal in this group that is legal to purchase and possess but requires a fish and wildlife permit may be kept within Winslow Township if the appropriate permit is obtained and maintained.
A. 
Class I.
An animal of Class I shall be any non-domesticated animal as defined in this chapter. They are by definition and nature inappropriate animals to be kept within Winslow Township and are prohibited, except as provided for in this chapter.
B. 
Class II.
An animal of Class II shall be any farm animal or livestock as defined in this chapter.
C. 
Class III.
An animal of Class III shall be any domesticated animal as defined in this Chapter. Animals in this class will generally be kept inside the home. If any animal in this class is to be kept outside, the housing and overall conditions must be appropriate for that animal. Any animal that by its nature and physical make up should not be housed outside must be properly housed inside. This definition does not apply to a kennel. The provisions of Chapters 81, 126 and 127 shall apply to an animal of Class III.
A. 
Prohibition. Class I animals are prohibited.
B. 
Exemptions:
Any individual, group or organization authorized to possess Class 1 animals by the NJ Fish and Wildlife agency for the purposes of rehabilitation, research or education may have these animals within Winslow Township provided they are compliant with all regulations set forth by NJ Fish and Wildlife and Winslow Township. Any individual, group or organization in possession of Class 1 animals within Winslow Township must obtain and maintain a special permit as described in Section 82-2 prior to the animals being brought into Winslow Township. The facilities where the Class 1 animals are being kept must be available for unannounced inspections by all authorized representatives of Winslow Township and all other agencies having jurisdiction over the care, control and custody of these animals. Any violations of the requirements set forth by the regulatory agencies or any deficiencies in the facilities that are not immediately corrected may result in the immediate seizure of the animals in that facility and the revocation of the permit to possess the animals.
C. 
Application for special permit — Class I animals.
An owner or custodian of any Class I animal(s) shall submit a written application to the township for a special permit. The application shall be in a form furnished by the Township Clerk and shall require the following information:
(1) 
The name, address and telephone number of the applicant.
(2) 
The Tax Map block and lot designation and street address of the property where the animal(s) is to be maintained and housed.
(3) 
The identification of the type of animal(s) and the number of animals.
(4) 
A complete description of the provisions to be made for housing and maintaining the animal(s).
(5) 
The methods to be used for keeping the animal stable, building or enclosure clean and for the removal/disposal of waste material.
(6) 
The location of where the stable, building or enclosure is to be placed on the property. Note that all stables, buildings or enclosures can be no closer than 50 feet to any other property line, unless a variance or waiver is obtained from either the Planning Board or Zoning Board of Adjustments.
(7) 
Identify the use of all adjoining property owners.
(8) 
Other information, as determined by the local official with the appropriate authority, relating to particular circumstances or type of animal, property location, etc.
(9) 
All permits required by NJ Fish and Wildlife for the possession of the animals are to be acquired and submitted with the application to Winslow Township.
D. 
Fee for special permit for Class I animals.
Upon the filing of an application pursuant to this chapter, the applicant shall pay a fee to the township of $100.00. This fee is for processing of the application and the property inspection. An annual renewal fee of $25.00 is required for the continuation of the special permit for the processing of the application and follow-up inspection.
A. 
The keeping or housing of animals of Class II animals within the Township of Winslow is only permitted in non-residential and agricultural areas, with a minimum lot size of 2 acres, except with regard to horses and swine which shall be governed under Chapters 157 and 253 respectively. The owner/custodian of any Class II animals must keep all buildings, stables, enclosures and land clear of all waste, manure, garbage and other debris and the waste, manure, garbage and other debris are to be removed from the premises or treated in such a manner as to prevent odor and the attraction of rodents or insects. All stables, buildings and enclosures are to be treated as needed to control flies, fleas, insects and rodents.
B. 
Application for special permits — Class II animals.
(1) 
Initial application. An owner or custodian of any Class II animal shall submit a written application to the township for a special permit. The application shall be in a form furnished by the Township Clerk and shall require the following information:
(a) 
The name, address and telephone number of the applicant.
(b) 
The Tax Map block and lot designation and street address of the property where the animal(s) is to be maintained and housed.
(c) 
The identification of the type of animal(s) and the number of animals.
(d) 
A complete description of the provisions to be made for housing and maintaining the animal(s).
(e) 
The methods to be used for keeping the animal stable, building or enclosure clean and for the removal/disposal of waste material.
(f) 
The location of where the stable, building or enclosure is to be placed on the property. Note that all stables, buildings or enclosures can be no closer than 50 feet to any other property line, unless a variance or waiver is obtained from either the Planning Board or Zoning Board of Adjustments.
(g) 
Identify the use of all adjoining property owners.
(h) 
Other information, as determined by the local official with the appropriate authority, relating to particular circumstances or type of animal, property location, etc. Upon the filing of a complete application for a special permit, the local official with the appropriate authority or his appropriate designee, shall review same and inspect the property within 20 days after such filing. The officer shall then issue a written report and recommendation to the Township Committee on the application. Upon receipt of this report, the Township Clerk shall provide a copy to the applicant and schedule a public hearing on the application by the Township Committee within 30 days, but no more than 45 days, thereafter. The applicant shall publish a notice of this public hearing in one of the official newspapers of the township at least 10 days prior to the hearing and provide proof of said publication to the Township Committee on the date of the public hearing. In addition, the applicant shall provide notice of the public hearing to all property owners within 200 feet at least 10 days prior to the date fixed for the hearing. The applicant shall obtain the property owner list from the Tax Assessor's Office at the appropriate fee charged for providing such a list. The applicant shall provide to the township proof of service on all property owners within 200 feet by providing a copy of a certified mail form, a return receipt card, or by a signed and notarized statement from the applicant that notices were hand delivered by the applicant to the owners of property on the list. The notice to be published in the newspaper and to be provided to the property owners within 200 feet shall indicate the name of the applicant, the tax block and lot of the applicant, the property address, and the nature and type of permit being sought. At the hearing, the applicant and members of the public shall be given an opportunity to be heard. The report prepared by the officer shall be on file at the Township Clerk's office for review by any member of the public during normal business hours. Prior to the commencement of the public hearing, the recommendation of the officer on the application shall be read into the record.
C. 
Renewal application.
An annual renewal application is required for the special permit to continue. The procedure set forth in Subsection B above shall only apply to all initial/new applications. A renewal application is required to be filed at least 20 days prior to the expiration of the existing application.
D. 
Fee for special permit for Class II animals.
Upon the filing of an application pursuant to this chapter, the applicant shall pay a fee to the township of $100.00. This fee is for processing of the application and the property inspection. An annual renewal fee of $25.00 is required for the continuation of the special permit for the processing of the application and follow-up inspection.
Any and all animals defined herein must be kept healthy and free from sickness and disease at all times. Should the officer question the health of any animal, he/she shall have the authority to require an examination by a veterinarian, such examination to be at the expense of the owner or custodian of the animal. The Animal Control Officer will make a determination as to how emergent the animal's condition is and will require veterinary care in a time frame appropriate for the animal and the conditions.
No animal may be kept or maintained in the Township of Winslow unless such animal has provided for it an appropriate building, structure, enclosure, pen, coop or corral for shelter and/or containment, except for animals in Class III, which may be housed in a dwelling used for human habitation, provided that waste is regularly removed from the premises, and the premises are maintained in such a way so as to prevent odor and the attraction of rodents and insects or as otherwise provided in this chapter.
Every person owning, keeping or harboring any animal shall prevent the animal from running at large outside the premises of such person, unless the animal is restrained by a fence, enclosure or leash, and no animals shall be permitted upon the streets or any other public ways of the Township of Winslow unless under the immediate control of the owner or his or her authorized custodian, who is at least 12 years of age and capable of handling the animal. Such action is declared to be a nuisance and dangerous to the public health, safety and welfare of the residents of the Township of Winslow.
The local official with the proper authority shall serve as the local officer responsible for the enforcement of this chapter and shall call upon any and all other state, county or local regulatory officials for assistance as needed for the enforcement of this chapter.
All places and premises in the Township of Winslow shall be subject to inspection by the local official with the appropriate authority, if that official has reason to believe that any section of this chapter is being violated; provided, however, that the right of inspection granted pursuant to this section shall be limited by all applicable constitutional restrictions. To this end, the enforcing official shall make application to the Judge of the Municipal Court of the Township of Winslow pursuant to the rules of court applicable thereto for a search warrant for purposes of inspection pursuant to this section, where, under the applicable authorities, such warrant is required. It shall be unlawful for any person to hinder, obstruct, delay, resist or prevent the officer, or any enforcing official of the Township of Winslow or other regulatory agency, from having full access to any place or premises upon which a violation of this chapter is believed to exist. The local official with the appropriate authority shall also be authorized to conduct unannounced inspections at any time at all locations with a special permit and will reinspect all properties and facilities prior to the renewal of the special permit.
Whenever a violation of this chapter is found, or a nuisance is created under this chapter, on any land, lot, right-of-way or any other private premises or place, notice in writing shall be given to the owner/custodian of the animal(s) to remove or abate and correct same within such time as shall be specified in the notice. If the owner/custodian is not on location the notice will be left in a conspicuous place.
The keeping or housing of animals other than permitted by this chapter, or in violation of any applicable rule, law, regulation or statute, or the finding of an animal anywhere in the township, other than on the lands and premises of the owner or keeper of same, shall be deemed to be a public nuisance. Such animal so identified and/or found may be seized at once by the local official with the appropriate authority or any police officer appointed within the township, or any other duly authorized and designated official. If, during the course of seizing and impounding any such animal, the animal possess a risk of serious physical harm or death to any person, such person or persons authorized by the local official with the appropriate authority may render said animal immobile by means of tranquilizers or other drugs. If the township official reasonably believes that the animal possess an immediate threat to their or the public's health and safety then the animal shall be destroyed by the most humane means available at the time. Any cost incurred by the township in seizing impounding or destroying an animal for a violation of this chapter, or in connection with the dropping off at a shelter or abandoning of any animal, shall be charged against the owner, keeper, custodian or harborer of such animal, and there shall be a charge to be collected by the township to defray such cost and expense. This charge shall be in addition to any fine or penalty provided for violating this chapter.
This chapter shall apply to all owners or custodians of animals within the Township of Winslow in possession of animals prior to the date of its adoption.
Editor's Note: Chapter 82 was adopted June 23, 2015 by Ordinance No. O-2015-010.
Any person who violates any provision of this chapter shall, upon conviction, be liable to the payment of a fine not exceeding $1,000 or 30 days' imprisonment, or both. Such penalties shall be imposed within the discretion of the Municipal Court Judge of the Township of Winslow, giving due consideration to the dangerous propensity of the animal and the intentional or non-intentional aspect of the owner's or keeper's violation. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.