[Adopted 8-21-2023 by Ord. No. 2023-6[1]]
[1]
Editor's Note: This ordinance also superseded former Art. III, Backyard Chickens, adopted 8-15-2022 by Ord. No. 2022-8.
A pilot program for the keeping of backyard chickens is hereby authorized. Keeping of backyard chickens shall be permitted in the Township of Cinnaminson subject to the rules and regulations as specified in this article. The pilot program shall terminate on August 31, 2024, at 12:01 a.m., unless the Township Committee of the Township of Cinnaminson act to continue same prior to that date. In the event the Township Committee does not act to continue the program prior to said termination date, all persons with backyard chickens shall have until their permits expire on December 31, 2024, to remove all backyard chickens from their premises.
A. 
Residents of single-family homes or residents of "twin" homes or "row" homes which meet the criteria set forth in this section shall be eligible to keep backyard chickens.
B. 
No more than 25 licenses may be issued at any one time. Any additional households wanting to participate may be considered on an individual basis by the Chicken Advisory Board established pursuant to § 162-30 in conjunction with the liaison to the governing body.
C. 
There shall be a limit of six chickens per license. No roosters are permitted.
D. 
The coop must have an enclosed run for chickens to access an area outside of the coop. The coop and enclosed run shall be kept at least 20 feet from the habitable portion of the neighboring residential dwelling and five feet from the property line. Garages, attached or otherwise, and accessory buildings shall not be considered a "residential dwelling" for purposes of calculating the required distance. Chickens may roam outside of the coop and run areas in a backyard suitably fenced to keep them contained provided that a person licensed to own backyard chickens in Cinnaminson is present the entire time.
A. 
No person shall keep chickens on his/her property without first obtaining a license from the Municipal Clerk's office and paying the required fee therefor. No license shall be issued unless the applicant therefor has demonstrated compliance with all criteria set forth in this Article III. Every license issued pursuant to this article shall expire on December 31 of each year.
B. 
A license fee of $10 shall be paid for each license issued pursuant to this article.
C. 
Any applicant wishing to keep backyard chickens shall be required to take a class on the basics of raising backyard chickens. Proof of attendance must be presented with the completed application. The Township will provide a class minimally once a year at a nominal fee for anyone who has not previously met this requirement. The handling of this class will be the responsibility of the Chicken Advisory Board. A member of the Chicken Advisory Board will review the application with the applicant prior to final submission.
A. 
The coop shall be at least four square feet per chicken, with a maximum coop size of 100 square feet.
B. 
The coop shall be dry and well ventilated with windows to admit sunlight.
C. 
The coop must be kept clean.
D. 
The coop and enclosed run must be made predator-proof.
E. 
Clean water must be provided, and food must be kept tightly closed in a metal container away from the coop and run at night.
F. 
The yard in the area where the coop is located shall be clean and free from odors.
G. 
There shall be no slaughter of chickens in the Township.
H. 
Waste will be handled in such a way as proper composting to prevent offensive odors or disposed in an environmentally friendly manner.
I. 
There shall be no selling of eggs.
J. 
The maximum permitted height of any chicken coop structure(s), whether or not said coops are stacked, shall be seven feet six inches as measured from the natural grade.
A. 
A Chicken Advisory Board consisting of five members of the community shall be formed. The Chair will be appointed to a one-year term by the Mayor. The Chair will select the other four members, with approval of the Township Committee, who will also serve for one year. Besides the Chair, of the remaining members, one will be appointed Vice Chair and the other Secretary of the Board.
B. 
The Board shall meet on a regular basis upon adequate public notice as specified in the New Jersey Open Public Meetings Act[1] and keep minutes which shall be submitted along with quarterly reports to the governing body via the Township Committee member selected by the Township Committee as liaison to the Chicken Advisory Board. These reports will include any activities of the Board, as well as any complaints from residents concerning backyard chickens and the resolution, if any, of those complaints.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
C. 
When a complaint is received by the Township concerning any of the provisions in this article, it will be forwarded to the Chicken Advisory Board for investigation by two members of the Board. If the Board finds a violation of this article, solutions will be discussed with the offending resident to allow them to meet the requirements of the pilot program as soon as possible. However, if after 30 days the violation has not been remedied, the Township Committee liaison will be notified so that enforcement proceedings can be implemented. The Chicken Advisory Board will assist anyone desiring to no longer participate in the backyard chicken program to relocate their chickens.
Failure to comply with the conditions and regulations set forth in this article shall result in revocation of the license after notice and a hearing before the Township Committee.
Any person who violates any provision of this article shall, upon conviction in the Cinnaminson Township Municipal Court or any such other court having jurisdiction, be sentenced to a fine not exceeding $1,250, or imprisonment for a term not exceeding 90 days, or community service for a term not exceeding 90 days, or all of the above. Each day that a violation occurs shall be deemed a separate and distinct offense and subject to the penalty provisions of this article.