[HISTORY: Adopted by the Mayor and Council of the Borough of Washington 5-1-2018 by Ord. No. 2018-08. Amendments noted where applicable.]
The words hereinafter defined shall have the meanings herein indicated for the purposes of this chapter, as follows:
- AGRICULTURAL ANIMAL
- Any animal other than a dog or cat as defined in this chapter whose ownership and keeping is not otherwise regulated by the State of New Jersey or the United States Government and that lives primarily outdoors and/or outside of a primary structure on any property located within the Borough.
- ANIMAL UNIT
- A unit of measure equaling 1,000 pounds of live animal weight.
- The Borough of Washington, in the County of Warren.
- Any female or hen domesticated subspecies of the red junglefowl, also known as Gallus gallus domesticus, and specifically excluding males or roosters, and guinea fowl.
- CHICKEN ENCLOSURE
- Any chicken house, chicken yard, chicken coop, chicken run, or other structure, or combination thereof, for the harboring and keeping of any chickens.
The keeping of chickens shall be restricted to one to four family residential properties. Nothing in this chapter shall be construed to permit the keeping of chickens on multifamily residential properties or any commercial or public property.
Chickens kept within the Borough shall be required to be housed in a chicken enclosure providing adequate shelter and protection from wind, precipitation, sun, cold, and heat with not less than three square feet of interior space per chicken. Chickens shall be permitted to "free range" on residential property, provided the property is enclosed by a fence not less than four feet in height and free of any opening large enough to permit passage of a chicken of any size. Chicken enclosures located on unfenced properties shall be required to include a completely enclosed chicken run attached thereto which provides 10 square feet of space per chicken as well as protection from predators on the top, bottom, and sides constructed of wire cloth, woven wire, or like material. Verification of adequacy of fences and/or chicken enclosures and runs shall be subject to approval by the Zoning Officer with the advice and consent of the Animal Control Officer.
Chicken enclosures on any lot shall be located not less than 75 feet from any dwelling house located on any property other than the dwelling house occupied by the owner of the chickens enclosed therein and shall further be located in accordance with any and all regulations regarding the permitting, construction, and location of accessory structures provided for in Chapter 94, Zoning and Land Development.
Chicken enclosures shall be kept in a clean and sanitary condition which will prevent them from becoming a nuisance or annoyance or interfering with the general well-being of other residents of the Borough.
The keeping of chickens within the Borough of Washington shall require a license issued by the Borough Clerk, and zoning approval for a chicken enclosure must be obtained as a prerequisite before a chicken-keeping license can be issued.
For all lots of 2.99 acres in area or less, the keeping of not more than six chickens shall be permitted. No other type of agricultural animals may be kept on lots of 2.99 acres or less.
For all lots of 3.0 acres to 3.99 acres in area, the keeping of not more than four chickens per acre shall be permitted. No other type of agricultural animals may be kept on lots of 3.00 acres or less.
The keeping of agricultural animals of any kind, as defined in this chapter, for any purpose, with the exception of chickens, as defined in this chapter and subject to certain regulations contained herein, shall be expressly prohibited on lots of less than 4.0 acres. On lots of 4.0 acres or more, the keeping of the equivalent of 0.25 animal unit per acre shall be permitted.
Animals permitted on lots of 4.0 acres or more.
Any animal or variant not specifically listed herein shall not be permitted to be housed on lots of 4.0 acres or more.
Any person owning, harboring, or keeping agricultural animals not specifically permitted by this chapter, or owning, harboring, or keeping agricultural animals in such a manner inconsistent with this chapter, shall be required upon passage of this chapter to dispose of, relinquish, or otherwise convey said animals in order to comply with this chapter.
No person shall slaughter any agricultural animal regulated under this chapter for any purpose.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not more than $500 or by imprisonment in the county jail for a term not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this chapter, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.