[Added 2-25-2020 by Ord. No. O-2020-006]
A.
Number of dogs permitted. A residential dwelling unit within the
Township of Winslow shall be limited to the keeping of five dogs,
with the exception of those having a valid commercial kennel license.
B.
Grandfather clause. Notwithstanding Subsection A of this section, an owner who possesses more than five dogs as of the effective date of this article and in compliance with all prior ordinances shall be permitted to keep and maintain said number of dogs as long as all such dogs are properly licensed. Any owner shall be entitled to maintain the presently existing number of dogs in excess of the number permitted by this article until such dog dies or is otherwise transferred out of Winslow Township. In such case, such animal may not be replaced unless and until the number of dogs owned or possessed by said owner is in compliance with this article.
C.
Application for waiver. An owner desirous of owning and maintaining a number of dogs in excess of that permitted by this article shall have the right to make application to the Winslow Township Administrator for a waiver of the maximum number of dogs, pursuant to the criteria in § 126-30C(3)(a) through (f) below. The application for a hearing before the Winslow Township Administrator shall then be set for a hearing date, not less than 14 days from the submission of the waiver application, with notice published by the applicant in the official newspaper of Winslow Township not less than seven days prior to said meeting and written notice given to all property owners within 200 feet of the applicant's property. The applicant shall obtain a certified list of all property owners within 200 feet of his/her property from the Winslow Township Tax Assessor's office.
(1)
Type of notice. Notice as proscribed herein shall be made by regular
and certified mail to those property owners within 200 feet, with
proof of service being presented to the Township Administrator at
the time of the hearing with an affidavit setting forth that the mailing
has been made to the appropriate property owners and in the official
Township newspaper.
(2)
Content of notice. The notice shall set forth the name and address
of the applicant; the address and lot and block number of the dwelling
unit for which the applicant is requesting a waiver of the limitation
of the number of dogs in excess of this article; the grounds for requesting
the waiver; the number of dogs requested in excess of this article;
and the date, time and place of the hearing before the Township Administrator.
(3)
Considerations for granting of waiver, burden of proof. The Township
Administrator may grant or deny an application for a request for a
waiver based upon the evidence presented that the applicant has demonstrated
good cause for the granting of such waiver. In examining whether or
not to grant a waiver, the Township Administrator shall consider the
following criteria:
(a)
The size of the property of the applicant where the dogs are
intended to be kept.
(b)
The distance between the locations of where the dogs are intended
to be kept on the applicant's property and the physical location of
an adjacent property owner's home or dwelling unit.
(c)
Whether the applicant's household is an apartment, condominium
or townhouse or a single-family detached dwelling.
(d)
If applicable, whether the applicant's request for a waiver
would be prohibited by any bylaws and/or rules of a homeowners' association
having jurisdiction over the applicant's property.
(e)
The breed and size of the dog.
(f)
The prior history of complaints filed against the applicant
for violation of animal control ordinance provisions.
