[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.
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]
[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.
A.
DOG
DOG OF LICENSING AGE
KENNEL
NONSPAYED AND NONNEUTERED DOG
OWNER
PET SHOP
POUND
SHELTER
Definitions. As used in this article, the following
items shall have the meanings indicated:
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
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]
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.
Any room or group of rooms, cage or exhibition pen not part
of a kennel, wherein dogs for sale are kept or displayed.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
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.
[Amended 6-16-1988 by Ord. No. 1988-3; 11-21-1991 by Ord. No.
1991-1]
A.
Vicious dogs.
(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]
(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]
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.
(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.
[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).
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.
[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.
[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.
APIARY
BEE
COLONY
HIVE
BEEKEEPER
Definitions. As used in this section, the following
items shall have the meaning indicated:
A place where bees are kept.
Any stage of the common domestic honey bees (Apes Mellifera)
species.
A hive and its equipment and appurtenances, including bees,
comb, honey, pollen and brood.
A structure intended for the housing of a bee colony.
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.
A.
CLASS I ANIMAL
CLASS II ANIMAL
CLASS III ANIMAL
Definitions. As used in this Article, the following
terms shall have the meanings indicated:
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.
A horse or any other animal belonging to the biological order
of Perissodactyla.
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.
[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.