Borough of Closter, NJ Article III Animals

§ 250-24.1 Minimum standards for animal care.

[Added 3-16-2006 by Ord. No. 2006-1]

A. Feeding. All animals shall be supplied with sufficient, wholesome food and water, free from contamination. Food and water shall be in sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of each animal and to assure the proper health of each animal.

B. Health of animals. Proper shelter and protection from the weather shall be provided at all times to assure that no animal is overcrowded or exposed to excessive heat or cold. Proper temperature for the well-being of each animal shall be maintained at all times. No condition shall be maintained or permitted to exist that is knowingly injurious to the health of any animal.

C. Abandonment prohibited. It shall be unlawful for any person to abandon or attempt to abandon any animal within the Borough of Closter.

§ 250-25 Cats.

A. Order to seize, impound and destroy cats; methods.

(1) The Animal Control Officer or any person or organization designated or appointed for that purpose by the Mayor and Council of the Borough of Closter shall take into custody and impound or cause to be taken into custody and impounded and thereafter destroyed or disposed of, as provided in this article, any cat off the premises of the owner, person or organization keeping or harboring said cat, which said Animal Control Officer, person or organization designated or appointed for the purpose or any agents thereof have reason to believe is a stray cat.

[Amended 6-16-1988 by Ord No. 1988-3; 3-17-1994 by Ord. No. 1994-1]

(2) Any cat so taken into custody shall be impounded, destroyed or disposed of in the same manner as provided for impounding, destroying or disposing of dogs in N.J.S.A. 4:19-15.16 and the amendments thereto and supplements thereof.

B. Authorization to enter property while in pursuit; exception. Any officer or agent authorized to perform any duty under this article is hereby authorized to go upon any property to seize for impounding any cat or cats which he or she may lawfully seize and impound, when such officer is in immediate pursuit of such cat or cats, except upon the premises of the owner of the cat or cats if said owner is present and forbids the same.

C. Interference prohibited. No person shall harm, molest or interfere with anyone authorized or empowered to perform any duty under this article or any other section of this Part 2.[1]

[1] Editor's Note: Former Subsection D, regarding compensation, which immediately followed this subsection, was deleted 3-17-1994 by Ord. No. 1994-1.

D. Violations and penalties. Any person who violates or refuses to comply with the regulations of this article shall be liable to a penalty of not less than $10 nor more than $50 for each offense, to be recovered by and in the name of the Borough.

[Amended 6-16-1988 by Ord. No. 1988-3]

§ 250-26 Vaccination and licensing of cats.

[Added 6-16-1988 by Ord. No. 1988-3]

A. License and vaccination required.

(1) No person shall own, keep or harbor any cat over four months of age within the Borough of Closter unless such cat has been licensed and vaccinated against rabies by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization, published by the National Association of State Public Health Veterinarians.

(2) A certificate of vaccination shall be issued to the owner of each cat vaccinated on a form recommended by the Compendium or otherwise approved by the Board of Health.

(3) Written application for a cat license shall be made to the Board of Health and shall include the name and address of the owner and the name, breed, color, age and sex of the cat. The applicant shall pay the prescribed licensing fee and provide proof of current rabies vaccination. No license shall be granted without proof of vaccination.

(4) The licensing period shall be for one year. Licenses shall be renewed by July 31. Application for a license must be made within 30 days after obtaining a cat over four months of age or after a cat has exceeded four months of age. New residents must apply for a license within 30 days of establishing residency.

[Amended 10-19-1995 by Ord. No. 1995-3]

(5) Effective July 1, 2008, a one-year license shall be issued after a payment of a fee of $11.20 for each neutered/spayed cat and $14.20 for each nonneutered/nonspayed cat.

[Amended 10-19-1995 by Ord. No. 1995-3; 10-18-2007 by Ord. No. 2007-1]

(6) Any person who fails to renew a cat license by July 31 of the year of renewal and continues to fail to renew that license by September 1 of the same year shall pay, in addition to the license fee set forth above, a late charge in the amount of $20.

[Added 10-18-1990 by Ord. No. 1990-2; amended 10-16-2003 by Ord. No. 2003-2]

(7) The duration of the immunity against rabies shall be for at least the duration of the licensing period.

[Added 10-19-1995 by Ord. No. 1995-3]

(8) License must be issued in one adult person's name; said adult must be 18 years of age or older.

[Added 10-16-2003 by Ord. No. 2003-2]

B. Tag and collar.

(1) Upon acceptance of the license application and fee, the Board of Health shall issue a durable license tag including an identifying number and Borough of Closter. The license tag shall be attached to the collar of the cat so as to assist in the identification of a lost cat.

(2) In case a license tag is lost or destroyed, a replacement will be issued by the licensing official at the cost of a fee of $1.

[Amended 3-17-1994 by Ord. No. 1994-1]

(3) License tags shall not be transferable from one cat to another, and no refunds shall be made on any cat license fee because of death of the cat or the owner leaving the borough before expiration of the license period.

(4) The provisions of this section shall not be intended to apply to cats whose owners are nonresidents temporarily within the Borough.

(5) The applicant in name is responsible for ensuring that the dog is physically restrained under all circumstances.

[Added 10-16-2003 by Ord. No. 2003-2]

(6) License must be issued in one adult person's name; said adult must be 18 years of age or older.

[Added 10-16-2003 by Ord. No. 2003-2]

C. Violations and penalties. Any person who violates or refuses to comply with the regulations of this article shall be liable to a penalty of not less than $10 nor more than $100 for each offense, to be recovered by and in the name of the Borough.

§ 250-27 Dogs and kennels.

A. Definitions. As used in this article, the following items shall have the meanings indicated:

DOG

Any dog, bitch or spayed bitch.

DOG OF LICENSING AGE

Any dog which has attained the age of seven months or which possesses a set of permanent teeth.

KENNEL

Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.

NONSPAYED AND NONNEUTERED DOG

Any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization.

[Added 10-27-1983 by Ord. No. 1983-3]

OWNER

Any person having proprietorship in a dog, including any person having care, custody or control of or harboring said animal or keeping the same under his or her dominion. A person shall be deemed to have a dog in his or her keeping and under his or her dominion or control whenever the ownership or custody of any dog is in an unemancipated infant or other member of his or her household.

PET SHOP

Any room or group of rooms, cage or exhibition pen not part of a kennel, wherein dogs for sale are kept or displayed.

POUND

An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.

SHELTER

Any establishment where dogs are received housed and distributed.

B. Dog license and registration required.

(1) License and registration tags; application. Any person who shall own, keep, harbor or maintain a dog of licensing age within the Borough of Closter shall by January 31 of each year apply for and procure from the office of the Board of Health a license and official metal registration tag for each such dog so owned, kept, harbored or maintained and shall place upon each such dog a collar or harness to which there shall be secured the license registration tag.

(2) The owner of any newly acquired dog of licensing age or any dog which attains licensing age shall make application for a license and registration tag for such dog within 10 days after such acquisition or age attainment.

(3) Any person who shall bring or shall cause to be brought into the Borough of Closter any dog licensed in another state for the current year and bearing a registration tag and who shall keep the same or permit the same to be kept within the Borough for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog, unless such dog shall be licensed under a licensed kennel.

(4) In case a license tag is lost or destroyed, a replacement will be issued by the licensing official at the cost of a fee of $1.

[Amended 3-17-1994 by Ord. No. 1994-1]

C. License fee.

[Amended 10-27-1983 by Ord. No. 1983-3; 6-16-1988 by Ord. No. 1988-3; 10-18-1990 by Ord. No. 1990-2]

(1) Effective January 1, 2008, a one-year license shall be issued after a payment of a fee of $11.20 for each neutered/spayed dog and $14.20 for each nonneutered/nonspayed dog.

[Amended 10-18-2007 by Ord. No. 2007-1]

(2) Any person who fails to renew a dog license by January 31 of the year of renewal and continues to fail to renew that license by March 1 of the same year shall be charged, in addition to the license fee set forth above, a late charge in the amount of $20.

[Amended 10-16-2003 by Ord. No. 2003-2]

D. Licenses required for animal businesses.

(1) Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall, in the case of a renewal of the license, apply to the licensing authority. Applications for the creation of new establishments shall be made to the Mayor and Council.

(2) The application shall describe the premises where the establishment is located or is proposed to be located and the purpose or purposes for which it is to be maintained and shall be accompanied by the original approval of the Board of Health showing compliance with local and state rules and regulations governing locations of and sanitation at such establishments.

(3) All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of January of each year and shall be subject to revocation by the Board of Health on recommendation of the State Department of Health or the Department of Health of the Borough of Closter for failure to comply with the rules and regulations of the State Department of Health or the Closter Board of Health governing the same after the owner has been afforded a hearing by either the State Department of Health or the Department of Health of the Borough of Closter.

(4) Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments. Such licenses shall not be transferable to another owner or different premises.

(5) The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $10 and for more than 10 dogs shall be $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or a pound.

(6) No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises except on a leash or in a crate or other device designed to contain a dog or under other safe control.

(7) The Board of Health shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.

E. Adoption of state law by reference. The regulations for the owning, keeping or harboring of dogs and securing licenses for dogs and kennels, pet shops, shelters or pounds in the Borough of Closter shall be as set forth in Chapter 151 of the Laws of 1941,[1] insofar as said law shall relate to the Borough of Closter.

[1] Editor's Note: See N.J.S.A. 4:19-1 et seq.

F. [2]No household in the Borough of Closter shall own, keep or harbor more than a total of six dogs and/or cats. A household may have both types of animals, as long as the limit of six in total of such animals is not exceeded. Any household having more than a total of any combination of six dogs and/or cats licensed in the Borough at the time this subsection takes effect may relicense them, provided the owner has complied with all other relevant ordinances of the Borough or the Department of Health. When such dog or cat dies, or is given away or sold, it may not be replaced if such replacement would bring the household over the allowed number of dogs and/or cats.

[Added 7-16-2009 by Ord. No. 2009-2]

[2] Editor's Note: Former Subsection F, Running at large, was repealed 10-16-2003 by Ord. No. 2003-2.

G. Record of complaints; annual canvass.

(1) The Board of Health shall keep and maintain a record of any reported complaint made against any dog, including complaints involving any alleged incident pertaining to the dog's having bitten any person or animal within the borough, together with any record of Municipal Court action pertaining to the same.

(2) Any person appointed for the purpose by the Board of Health of the Borough of Closter shall annually cause a canvass to be made of any dogs owned, kept or harbored within the limits of the borough and shall report on or before the first day of September of each year to the Board of Health, setting forth in separate columns the names and addresses of persons owning, keeping or harboring or maintaining unlicensed dogs and the number of unlicensed dogs owned, kept, harbored or maintained by each of said persons, together with a complete description of each of said unlicensed dogs.

H. Animal Control Officer; appointment. For the purpose of carrying out the provisions of this Article and the state law controlling dogs, the Mayor and Council of the Borough of Closter shall annually appoint an Animal Control Officer. In lieu of an appointment of an Animal Control Officer, the Mayor and Council may appoint an organization or society to perform the duties of an Animal Control Officer.

[Amended 6-16-1988 by Ord. No. 1988-3; 3-17-1994 by Ord. No. 1994-1]

I. Placing unclaimed dogs in homes. The Chief of Police, Animal Control Officer or other official designated may, at his or her discretion, place an unclaimed dog in a legitimate home after seven days, as provided by statute, but no dog shall be sold or given away for experimental purposes.

[Amended 6-16-1988 by Ord. No. 1988-3; 3-17-1994 by Ord. No. 1994-1]

J. Dogs prohibited in food establishments. It shall be unlawful for any person, firm or corporation to allow a dog, with the exception of Seeing Eye dogs, to enter any food establishment, including any place used in the production, preparation, manufacture, packing, storage, transportation or handling of food or foodstuffs intended for sale or distribution.

K. Authority to enact quarantine proclamation. The Board of Health may by proclamation require all dogs to be quarantined during such period or periods in each year as to it may seem advisable.

§ 250-28 Domestic animals.

[Amended 6-16-1988 by Ord. No. 1988-3; 11-21-1991 by Ord. No. 1991-1]

A. Vicious dogs.

(1) The provisions of Chapter 307 of the Laws of New Jersey 1989[1] be and the same are hereby incorporated into this Part 2.

[1] Editor's Note: See N.J.S.A. 4:19-17 et seq.

(2) Violations and penalties.

[Amended 10-19-1995 by Ord. No. 1995-3]

(a) The owner of a potentially dangerous dog who is found to have violated P.L. 1989, c. 307,[2] as amended, shall be subject to a fine of not more than $1,000 per day of the violation. Each and every day that a violation continues to exist shall constitute a separate and distinct violation.

[2] Editor's Note: See N.J.S.A. 4:19-17 et seq.

(b) In addition to any and all other fines and/or remedies allowable pursuant to law, the Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of Chapter 307, Laws of New Jersey 1989, as amended.

(3) It shall be the duty of the Animal Control Officer to receive and investigate complaints involving attacks or bites by dogs, dogfighting activities and the training and encouragement of dogs to make unprovoked attacks upon persons and domestic animals.

[Amended 10-19-1995 by Ord. No. 1995-3]

(4) It shall be the duty of the appropriate borough officials to enforce the provisions of P.L. 1989, c. 307[3] as amended.

[Amended 10-19-1995 by Ord. No. 1995-3]

[3] Editor's Note: See N.J.S.A. 4:19-17 et seq.

(5) The owner of any dog which has been declared vicious or potentially dangerous shall cause the animal to be forthwith examined by a veterinarian who shall provide the Animal Control Officer with a certificate as to the physical and emotional condition of the animal, which certificate shall be received within 10 days of the date of the impoundment and which report shall be provided at the expense of the owner.

[Amended 10-19-1995 by Ord. No. 1995-3]

(6) Responsibility of owner; impoundment. The owner of any dog which has been declared vicious or potentially dangerous shall be responsible for:

(a) All actual costs and expenses of impounding the dog.

(b) All costs of destroying the dog.

(c) All costs of convening the hearing, including but not limited to panelist fees, expert fees and attorney's fees (prosecutorial).

(d) All costs of notices.

(e) All costs imposed on the Borough of Closter by Bergen County pursuant to a contract for the Animal Control Officer with reference to the subject dog.

(f) All related expenses incurred by the borough.

(7) No person shall keep or harbor any dog which has been declared potentially dangerous within the Borough of Closter without obtaining from the Board of Health a special municipal license therefor and complying with all requirements of P.L. 1989, c.307, as amended, N.J.S.A. 4:19-17 et seq., this subsection and the order of the Municipal Court pursuant to P.L. 1989, c. 307,[4] as amended. The fee for such special municipal potentially dangerous dog license shall be $700 or such other maximum amount as established by statute. The Board of Health, when issuing such license, shall assign a municipal registration number in accordance with the uniform statewide municipal registration system established by regulations of the New Jersey Department of Health, together with a red identification tag. Prior to issuance of such license, the Animal Control officer shall verify to the Board of Health that the owner of the dog has complied with the Court's orders.

[Amended 10-19-1995 by Ord. No. 1995-3]

[4] Editor's Note: See N.J.S.A. 4:19-17 et seq.

B. Certain types of leashing prohibited. It shall be unlawful for any owner, keeper or person in whose care, custody or control a dog has been left to:

(1) Keep or maintain any dog leashed or tethered in the open upon any property within the borough without providing said animal with adequate food, water and a place of shelter within the radius of the tether or leash.

(2) Tether or leash a dog by tying the same directly to the neck of the animal or by connecting a leash or tether to a choke collar.

(3) Tether or leash a dog so as to permit or suffer the animal to block or interfere with any gate, walk, path or steps when the same constitutes the means of ingress or egress to the premises from the public way; provided, however, that this provision shall not prevent any person from permitting a dog to run at large upon private premises where the same are totally enclosed by a fence of sufficient and adequate strength and height to prevent the animal from leaving the enclosure, and provided further that there is posted conspicuously at all entrances to the premises a sign with lettering at least two inches and not more than three inches in height and at least 1 1/2 inches and not more than three inches in width, stating that there is a dog running at large upon said premises.

C. Oral and written reports of rabies required; data. It shall be the duty of all veterinarians, doctors or persons owning or having interest in or having in their possession or under their care or control or having any knowledge of any dog, cat or other animal affected with rabies to forthwith notify the Board of Health by telephone, telegraph or in person, if practicable, and also in writing, signed by the person making the same, which report shall state where such animal may be found and shall contain, if possible, a description of the animal, location of the animal and the name and address of the owner.

D. Confinement of suspected cases of rabies; at owner's expense. The Board of Health may order any dog, cat or other animal having rabies to be confined at a place and for a period of time to be prescribed by the Board. Any expense incurred by the confinement of a dog, cat or other animal having or suspected of having rabies so ordered by the Board of Health shall be borne by the owner of such animal.

E. Leashing required during danger of rabies epidemic. When in the opinion of the Board of Health there is danger that rabies may spread within the borough, dogs, cats or other animals susceptible to rabies may, at the discretion of the Board, be permitted outside of pens, enclosures or buildings only when they are actually being walked or exercised on a leash by a responsible person having the animal under strict control.

F. Dog bites. Where it has been determined by a physician that a person has been bitten by a dog, such individual, or his parent or guardian if he is a minor, shall immediately notify the police. When the owner or keeper of any dog shall be notified by the police that the dog has bitten any individual or individuals, the owner or keeper of the dog must comply with the following procedures:

[Amended 10-19-1995 by Ord. No. 1995-3]

(1) The dog shall be placed in quarantine in the owner's home or at a kennel for a period of 10 days.

(2) At the end of the ten-day quarantine period, the owner shall have the dog examined by a veterinarian and a written report of the dog's state of health sent to the Board of Health.

G. Surrender of suspect animals required. The Board of Health may, if it has reason to suspect a dog, cat or other animal within its jurisdiction of having rabies, order the owner of such dog, cat or other animal to forthwith surrender the same to the Board of Health veterinarian for examination.

H. Examination expense charged to owner. Any expense involved in the examination so ordered by the Board of Health shall be borne by the owner of the suspect animal. The Board of Health may, in the light of the veterinarian's report and in consideration of his or her recommendations, order any dog, cat or other animal determined by the veterinarian to have rabies to be exterminated immediately by said veterinarian.

I. Release by veterinarian only. No dog, cat or other animal whose owner has been ordered by the Board of Health to surrender the same to the Board of Health veterinarian for examination shall be released except at the discretion of said veterinarian.

J. Sanitary condition of premises required. All persons possessing animals or fowl on their premises shall at all times maintain such premises in a sanitary condition as may be required by the Board of Health and at the discretion of the Board of Health. All areas in which domestic animals are harbored shall be kept clean and free of all animal excrement.

K. Violations and penalties.

(1) Any person who violates or fails or refuses to comply with § 250-25C or § 250-27B shall be liable to a fine of not less than $5 nor more than $50, plus costs of court, for each offense.

(2) Any person who shall violate § 250-27F shall be liable to a fine of not less than $50 nor more than $100, plus costs of court, for the first offense and to a fine of not less than $100 nor more than $500, plus costs of court, for a second offense and each offense thereafter.

(3) Any person who shall be deemed to suffer a dog previously determined to be vicious under § 250-28A to run at large shall be liable to a fine of not less than $50 nor more than $200, plus costs of court for a first offense and to a fine of not less than $100 nor more than $300, plus costs of court, in the discretion of the court, for a second offense and each offense thereafter.

(4) Any owner who allows a vicious dog to run at large within the Borough shall, in the event that said animal is deemed to have bitten any person or other domestic animal, be subject to a fine of not less than $300 and not more than $500.

§ 250-28.1 General poultry prohibition and exception.

[Added 3-16-2006 by Ord. No. 2006-1]

No person, firm or corporation shall raise, keep or harbor any poultry, i.e., ducks, chickens, swans, geese, turkey, guinea fowl, pheasants, pea fowl and pigeons, for commercial or noncommercial purposes within the Borough. Exception: Any person, firm or corporation who was duly licensed to do so by the Borough on or before the effective date of this section may retain or continue to raise, keep or harbor poultry and is exempt from this general prohibition (i.e., grandfathered).

§ 250-29 Poultry.

A. Minimum distance from human habitations. No pigeons, chickens or other poultry shall be kept within 25 feet of any structure owned by another and used for human habitation, occupation or assembly.

B. Maximum number. In no case shall any person be permitted to keep in the Borough more than 20 chickens, ducks or other poultry, including pigeons.

C. Permitting poultry to stray or run within certain distance of human habitations. No pigeons, chickens or other poultry shall be permitted to run, fly or stray within 25 feet of any structure owned by another and used for human habitation, occupation or assembly. This section shall not apply to homing pigeons.

D. Sanitary regulations for houses and coops. The regulations and conditions in this section shall be complied with in the keeping and housing of pigeons, chickens and other poultry in the borough. Houses or coops shall be kept in the following manner:

(1) Dry and ventilated, with windows placed to admit sunlight.

(2) Whitewashed or painted within.

(3) Cleaned at least once a week between November 1 and May 1; twice a week between May 1 and November 1. They shall be cleaned and disinfected on a more frequent basis if necessary.

(4) Perches shall be removable and kept clean.

(5) Chicken nests shall be removable and cleaned, aired and sunned at frequent intervals.

(6) The yard shall be kept clean and free from odors.

E. Permits required; fees; expiration. No person shall keep pigeons, chickens or other poultry in the Borough without having first obtained from the Borough Health Officer a permit for that purpose. Such permit may be issued by the Health Officer upon payment of a fee of $20. The permit shall expire on December 31 of each year.

[Amended 11-15-1990 by Ord. No. 1990-3]

F. Revocation and suspension.

(1) If the conditions and regulations set forth in § 250-29D are not complied with, the permit required by § 250-29E shall be revoked. Nothing in this section shall apply to such pigeons, chickens or other poultry confined in coops in regularly licensed markets or stores for the sale, slaughter and plucking of poultry. Whenever, in the opinion of the Board of Health, the environment has changed since granting the permit to keep and maintain pigeons, chickens or other poultry to such an extent that the maintenance thereof may constitute a nuisance, such permit may be revoked by the Health Officer.

(2) The Borough Health Officer is hereby empowered to suspend or revoke the license held by any person who shall violate any of the provisions of this article. No license, however, shall be suspended or revoked until after a hearing. A notice in writing, stating the time and place of such hearing, shall be served upon the licensee at least five days prior to holding of such hearing.

§ 250-29.1 Rabbits.

[Added 3-16-2006 by Ord. No. 2006-1]

No domestic rabbit or one maintained as a pet shall be allowed to run at large in the Borough of Closter. All such rabbits shall be kept either inside the owner’s residence or confined to a suitable rabbit hutch as set forth in Subsections A and B below.

A. Every rabbit hutch shall be kept in a clean and sanitary condition and shall be subject at all times to inspection by the Health Officer.

B. No part of any rabbit hutch shall be maintained within 20 feet of any building used in whole or in part as a dwelling.

§ 250-30 Bees.

[Amended 11-18-2004 by Ord. No. 2004-3]

A. Purpose.

(1) The purpose of this section is to establish certain requirements of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas.

(2) Notwithstanding compliance with the various requirements of this section, it shall be unlawful for any beekeeper to keep any colony or colonies in such a manner or of such disposition as to cause any unhealthy condition or nuisance.

B. Definitions. As used in this section, the following items shall have the meaning indicated:

APIARY

A place where bees are kept.

BEE

Any stage of the common domestic honey bees (Apes Mellifera) species.

COLONY

A hive and its equipment and appurtenances, including bees, comb, honey, pollen and brood.

HIVE

A structure intended for the housing of a bee colony.

BEEKEEPER

It shall be presumed for purposes of this section that the beekeeper is the person or persons who own or otherwise have the present right of possession and control of the tract upon which a hive or hives are situated. The presumption may be rebutted by a written agreement authorizing a person or persons to maintain the colony or colonies upon the tract setting forth the name, address and telephone number of the other person(s) who is acting as the beekeeper.

C. No person, firm, corporation, association, society or partnership shall raise, keep or harbor any bees for commercial or noncommercial purposes within the Borough. The only exception are honey bees (Apis Mellifera) on a minimum of five acres and a maximum of two hives, if a license has been issued by the Health Officer of the Closter Board of Health which grants said exception.

D. License required; compliance with provisions.

(1) Application for license. Application for license shall be made in writing to the Health officer c/o the Board of Health, Borough of Closter, and shall state the name of applicant, description of the premises to be used by the licensee for beekeeping, the name of the owner(s) of the premises or lessee of the premises and such other information as shall be determined to be reasonably necessary by the Board of Health for the purpose of enforcing the provisions of this section. The application must be signed by the applicant and owner(s) or lessees of the property.

(2) Issuance of license. The Health Officer shall issue a license upon application made pursuant of this section, and each license so issued shall be signed by the duly designated representative of the Board of Health. Said license shall bear the date of this issuance, the name of the person so licensed, description of the premises covered by the license and be prominently displayed in and about the area of said place where the bees are kept and maintained. Every license shall be nontransferable and shall cover only the licensed premises and the named licensee (beekeeper).

(3) Cost of license. The cost for the license is $25 per year.

(4) Denial of license. The Health Officer shall deny a license to any applicant who does not meet the requirements of any subsection(s) of this section. A written letter of denial stating the reason(s) for the denial of the license will be issued by the Health Officer.

(5) Appeal of denials. Applicants who have been denied a license pursuant to this section of the Code may appeal said denial to the Closter Board of Health.

(6) Expiration date. All licenses under this section shall automatically expire on the 31st day of December in the year in which it was issued.

E. Conditions for beekeeping.

(1) All bee colonies shall be kept in Langstroth-type hives with removable frames which shall be kept in sound and usable condition with a height not to exceed 5 1/2 feet from ground level.

(2) The hives must be protected by an appropriate fence, at least four feet in height and eight feet from the hives, with the gate being locked at all times to prevent the bee hives from being accidently disturbed.

(3) Bee hives shall be provided with a barrier which shall comply with the following:

(a) Maximum mesh size for chain link or picket fences shall be 1-1/4 inch (32mm) square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1-3/4 inch (44mm).

(b) Pedestrian access gates shall open outwards away from the hives and shall be self-closing and have a self-latching device being locked when unattended.

(4) No hive of any type shall be located within 100 feet of any inhabited building with the exception of the name of beekeepers residence or 25 feet from any roadside, sidewalk or path.

F. Water. Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at swimming pools, bibcocks, pet watering bowls, bird baths or other water sources where bees may cause human, bird or domestic pet contact.

G. Compliance. All keepers of bees, licensed as aforesaid, shall comply strictly with the rules and regulations promulgated by the State Department of Agriculture and/or such other state or county agency insofar as they affect the keeping of honey bees. The licensee shall freely admit to his premises inspectors from any and all governmental agencies with jurisdiction and authority to make reasonable inquiry or otherwise enforce the laws of and pertaining to the maintenance of the hives.

H. Inspection.

(1) The hives must be inspected at least annually by the proper New Jersey State Apiarist. The Health Officer shall have the right to inspect any apiary between the hours of 8:00 a.m. and 5:00 p.m. Where practicable, prior notice shall be given to the beekeeper if he resides at the apiary or if his name is marked on the hives.

(2) All colonies must be inspected by the beekeeper or his/her delegate no less than three times between March 1 and October 1 of any given year. The Health Officer will accompany the beekeeper or delegate on these inspections.

(3) Upon receipt of information that any colony situated within the Borough is not being kept in compliance with this article, the Health Officer shall cause an investigation to be conducted. If he finds that grounds exist to believe that one or more violations have occurred, he shall issue a written notice of violation.

I. Violations and penalties. Any person who violates or refuses to comply with the regulations of this article shall be liable to a penalty of not less than $10 not more than $100 for each offense, to be recovered by and in the name of the Borough.

§ 250-31 Keeping and housing of animals.

A. Definitions. As used in this Article, the following terms shall have the meanings indicated:

CLASS I ANIMAL

A lion, tiger, bear or any other animal of large size belonging to the biological order of Carnivora or any other undomesticated mammal or reptile of large size.

CLASS II ANIMAL

A horse or any other animal belonging to the biological order of Perissodactyla.

CLASS III ANIMAL

A cow, sheep, pig, goat or any other animal belonging to the biological order of Artiodactyla.

B. Exceptions. Domestic cats and domestic dogs are specifically excluded from the definitions of animals herein. For purposes of this exclusion:

(1) A "domestic cat" is a member of the Felidae family long kept by man as a pet, but not including members of the Felidae family that usually live in a wild state.

(2) A "domestic dog" is a member of the Canidae family long kept by man as a pet, but not including members of the Canidae family usually living in a wild state.

C. Keeping of Class I animals prohibited. No animal of Class I shall be kept or maintained in the Borough of Closter.

D. Shelter and corral required. No animal or animals of Class II and Class III shall be kept or maintained in the Borough of Closter unless such animal or animals have a building for shelter and a fully enclosed corral or coop for containment.

E. Location restrictions. No building, stable, outhouse or accessory building used for housing an animal or animals of Class II and Class III shall be located within 100 feet of any adjoining building nor within 20 feet of the adjacent property line.

F. Size of enclosure. The keeping or maintaining of any animal or animals of Class II and Class III shall be forbidden unless such animal is kept on land of sufficient area so that there shall be 40,000 square feet for each animal, with an additional 20,000 square feet required for each additional animal. There shall also be provided a pen or enclosure of at least 1,600 square feet for each animal, with 400 square feet of pen or enclosure required for each additional animal. Within the pen there must be provided a stable or similar roofed enclosure having an area of at least 100 square feet for each animal to be held therein.

G. Maintenance of structure. In the keeping or maintaining of any animal or animals of Class II and Class III, the following rules and regulations shall be followed.

(1) All structures and accessory buildings shall be painted inside at least every 12 months with nonabsorbent, lead-free paint.

(2) All stables and accessory buildings shall be treated at least twice a week with a substance which is designed to kill flies and rodents. The name of this substance, as well as the record of such treatment with the signature of the person performing this work, shall be posted conspicuously in the stable.

(3) All stables shall have a sufficient supply of water for cleaning and flushing purposes. All stables, accessory buildings and corrals shall be cleaned of all manure, feculent matter and waste at least once daily.

(4) All manure, feculent matter and waste must be placed in sealed, nonporous containers or a closed manure pit of such design and construction that flies, insects or rodents cannot have access to the contents thereof and that noxious odors do not emanate therefrom. No such container or pit shall be placed within 40 feet of an adjoining dwelling or property line.

H. Health of animal. Each animal must be free from sickness and disease. Should the Borough Health Officer question the health of any animal, he or she shall have the authority to require an examination by a doctor of veterinary medicine, such examination to be at the expense of the owner.

I. Declaration of nuisance. In accordance with the purposes set forth in the introductory clauses, a violation of § 250-31C, D, E, F and G of this Article will be deemed to constitute a condition that will endanger the health, safety and welfare of the public and is hereby declared to be a public nuisance. Such nuisance is subject to abatement at the expense of the property owner.

§ 250-31.1 Animal feeding.

[Added 7-14-2011 by Ord. No. 2011-2; amended 2-16-2012 by Ord. No. 2012-1]

No person shall place food intended for consumption by a wild animal or a stray animal on any property, public or private, in the Borough of Closter, This prohibition shall not apply to composting, growing vegetables, scholarly research, environmental education conducted at the Closter Nature Center, humane trapping of animals, or elevated bird feeders.