[HISTORY: Adopted by the Board of Health of the Township of Monroe
2-26-1975 by Ord. No. BOH 1-1975 (appeared as Ch. 74 of the 1967 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Dogs and other animals — See Ch. 126.
The words, terms or phrases listed below, for the purpose of this code
and chapter, shall be defined and interpreted as follows:
The Board of Health, its Health Officer or other official authorized
by the Board of Health to enforce this code and chapter.
The having, keeping, raising and/or maintaining of swine by any person
for the purpose of sale to others for profit or otherwise, except swine sold
or otherwise disposed of within the first eight weeks of birth.
Waste material containing animal and vegetable matter or only animal
matter originating in houses, kitchens, restaurants, slaughterhouses, rendering
plants, hotels, produce markets, etc.
Any individual, firm, corporation, association, society, partnership
and their agents or employees, and shall mean both the plural and singular
as the case may demand.
The having, keeping, raising and/or maintaining of swine by any person
for the purpose of consumption after slaughter by said person and/or his immediate
family, except that no personal consumption licensee shall be allowed to have,
keep, raise or maintain more than four swine at any one time in this township.
This license shall also include the raising of swine by any person as part
of a recognized 4-H project. No more than one personal consumption license
shall be issued per residence.
[Amended 2-13-1985 by Ord.
No. BOH 1-85]
Pigs, hogs, potbellied pigs or other animals of the porcine family,
except offspring of said animals, which offspring are permanently removed
from the premises upon being weaned.
[Amended 5-12-1999 by Ord.
No. BOH 2-99]
[Amended 5-21-1986 by Ord.
No. O-15A-86; 5-12-1999 by Ord.
No. BOH 2-99]
A.
It shall be unlawful for any person to have, keep, raise
or maintain any swine within the limits of the Township of Monroe except in
Zone AG of the Township of Monroe.
B.
Any person presently having, keeping, raising and/or
maintaining swine in any zone in the Township of Monroe, other than in Zone
AG, shall be required to dispose of said swine within 90 days of the effective
date of this chapter and shall not thereafter be allowed to have, keep, raise
and/or maintain swine in said zone.
C.
Any person presently having, keeping, raising or maintaining
a potbellied pig must do so on a parcel of land which is no less than one
acre and shall be considered a conditional use.
A.
No person shall have, keep, raise or maintain any swine
within the limits of the Township of Monroe without first having obtained
a valid license or permit for such purpose from the Clerk of the Board of
Health of the Township of Monroe.
[Amended 5-12-1999 by Ord.
No. BOH 2-99]
B.
The number of commercial use licenses issued under the
provisions of this chapter shall be limited to that number which are issued
by the Board of Health of the Township of Monroe within 30 days of the effective
date of this chapter. Thereafter, no new commercial use licenses shall be
issued.
Permits or licenses required by this chapter or code may be denied or
suspended by the Board of Health for failure to comply with this chapter or
code. The Board of Health shall afford the person whose license or permit
to maintain swine on premises has been denied or suspended an opportunity
to be heard at a public hearing and, following the hearing, to be informed
of the Board's decision within two weeks thereafter.
[Amended 9-23-2003 by Ord. No. O-42-2003]
The fee for a license or permit to maintain swine on premises shall be as set forth in Chapter 74, Fees for each commercial use license and as set forth in Chapter 74, Fees for each personal consumption license. Such license or permit shall expire annually on December 31 of each and every year. Application for renewal thereof shall be submitted, together with the required fee, prior to November 30 of each year. Said fee shall not be prorated for any portion of any calendar year.
The premises on which swine are maintained shall meet and constantly
conform to the following requirements:
A.
The location shall be such as to preclude odors and sounds
therefrom from interfering with the comfortable enjoyment of life and property
on neighboring premises.
B.
Buildings, food storage bins, appliances, equipment,
feeding areas and other facilities on the premises which might provide food
or shelter for insects or rodents are to be constructed and maintained in
such a fashion as to permit proper cleansing.
C.
The water supply shall be adequate for proper sanitation.
D.
Water or other liquids to which mosquitoes may have access
shall be properly treated to prevent their breeding.
E.
Rodents or insects hazardous to public health shall be
controlled so that they do not exist or reproduce therein or thereon.
F.
Garbage fed to swine is to be thoroughly cooked in apparatus
approved by the enforcing official at a temperature of not less than 185º
F.
G.
Adequate equipment shall be available to maintain all
buildings, yards, enclosures or premises in which swine shall be kept, raised
or maintained in a sanitary condition at all times.
H.
Disposition is to be made of animal wastes, garbage,
refuse, vegetable matter deposited upon the premises, filth or other offensive
or obnoxious matter produced in the keeping of swine in such a manner as to
prevent insect breeding, rodent harborage or pollution of the air or any body
of water.
I.
The area wherein swine are kept, except where they are
housed in closed buildings, shall be completely fenced with a sturdy, well-constructed,
closely woven fence or other equally effective fence so as to prevent any
pigs from trespassing on adjoining property. No swine shall be allowed at
large outside of said fenced area.
During the months of June, July, August and September, any dung, manure
or other offensive or obnoxious matter produced in the keeping of swine shall
be plowed under within 24 hours of the piling thereof. During all other months
of the year, said dung, manure, etc., shall be spread upon the land and plowed
under the land within 24 hours of spreading unless the ground conditions are
such as to prevent the use of equipment for plowing without causing harm to
said equipment; provided, however, that said plowing under shall be done as
soon as reasonably practicable thereafter.
All refuse, manure and remains of garbage shall be removed from the pigpens and piled at least once in every 24 hours. Such refuse, manure and garbage shall be piled in a suitable place, which shall be fenced off or confined in such a manner that no swine or pigs shall have access to the same. Said refuse, manure and remains of garbage shall thereafter be disposed of in accordance with § 306-7 above and composted or hauled to a landfill or other location in compliance with § 306-9 below; provided, however, that the method of disposition chosen meets all requirements of this chapter, including specifically § 306-6E and H above.
Persons who haul refuse, manure or garbage through the confines of Monroe
Township shall transport or carry the same in a suitable truck, and there
shall be placed over the refuse, manure and garbage a complete covering. Such
trucks used in hauling shall at all times when not in use be kept clean and
free from refuse, manure and garbage.
Every pigpen or swinery must have proper and suitable drainage to prevent
stagnation, and such drainage shall comport with recognized methods of proper
drainage to healthful filtration.
The following provisions shall apply in the proper administration and
application of this chapter and code:
A.
Swine shall not be maintained on any premises until the
administrative authority has given formal approval therefor by the issuance
of a license or permit.
B.
Application for a permit shall be made by a letter of request therefor submitted to the administrative authority, which letter shall state the name of the applicant, residence, type of license being applied for, exact location where swine are to be kept, number of swine to be kept or raised, distance of the swinery from any dwelling or living quarters and a report of facts relating to each provision of §§ 306-6 through 306-10.
C.
A permit to maintain swine shall not be issued until
the administrative authority has inspected and approved the site and the facilities
where swine are to be maintained.
D.
Premises on which swine are maintained shall be subject to inspection by the administrative authority, as more specifically provided in § 306-14 below.
E.
The permit of any person to maintain swine on premises may be suspended at any time when, in the opinion of the administrative authority, such action is necessary to obtain abatement of a nuisance as defined in § 306-12 and after five days' written notice.
F.
A commercial use permit or license may be assigned from
person to person, except that said permit shall not thereafter be assigned
from person to person, except that said permit shall expire and become void
and shall not thereafter be assignable or renewable where there has been an
abandonment of the commercial use. Neither a commercial use license nor a
personal consumption license may be transferred from its existing location
to a different location at any time.
Premises on which swine are maintained in violation of any provisions
of this chapter or code are hereby declared to be a nuisance and detrimental
to the public health.
If any person shall violate any of the provisions of this chapter, each
violation and each day upon which said violation occurs shall be deemed to
constitute a distinct and separate offense.
It shall be the duty of the Board of Health of the Township of Monroe
to cause to be inspected, as often as said Board may deem necessary, all premises
wherein swine are kept, raised or maintained and all premises wherein said
Board or its duly authorized agent has reason to believe that swine are kept,
raised or maintained. The members of said Board of Health and its officers
and agents or employees shall have full and free access, ingress and egress
to all barns, pens, stables and places of every kind or character and shall
have power to enter and inspect the premises used in connection with any such
barns, pens, stables and places, for said purposes. The person making the
inspection shall exhibit his badge which shall be accompanied by a certificate
of authority under the seal of the Board of Health.
It shall be unlawful for any person to in any way interfere with any
member of the Board of Health of the Township of Monroe or its officers, agents
or employees in the discharge or performance of his or her duties under this
chapter.
In construing and enforcing any provision of this chapter, the act,
omission or failure of any officer, agent or other person acting for or employed
by an individual, corporation, company, society or association, within the
scope of his agency or office, shall in every case be deemed to be the act,
omission or failure of such individual, corporation, company, society or association
as well as that of the person.
[Amended 5-21-1986 by Ord.
No. O-15A-86]
Any person who violates or neglects to comply with any provision of
this chapter or code or notice issued pursuant thereto shall, upon conviction
thereof, be liable to a penalty of not less than $5 nor more than $500 for
each violation.
[Amended 5-21-1986 by Ord.
No. O-15A-86]
In case of failure to pay any fine imposed under this chapter, the person
or persons so convicted shall be imprisoned in the county jail for a period
not exceeding 90 days, and said penalty shall be imposed in the discretion
of the Judge before whom such conviction may be had.
