[Adopted 4-15-1980 by Ord. No. 80-12 as
Art. XIV of Ch. 137 of the 1979 Code; amended in its entirety 2-21-2023 by Ord. No. O-22-25]
The following terms, as used in this article, shall have the
meanings stated in this section:
All life stages of the fowl of the genus Gallus and species
Gallus domesticus.
A cage or pen for confining chickens.
A shelter (such as a house) in which people live.
A female chicken.
The lot for which a chicken license has been applied for
or granted, as the applicable context requires.
A contiguous parcel of land under common ownership.
A male chicken.
An area inside a fence where chickens are kept and allowed
to walk around, scratch the earth, have a dust bath, and exhibit natural
behavior.
No person shall have or keep in his or her possession any goats,
sheep, roosters, or swine within the limits of the Township of Montclair.
No person shall have or keep in his or her possession any live
chickens or pigeons without first having obtained a license from the
Department of Health.
Such license shall not be transferable and shall continue in
force and effect until the first day of January next ensuing the date
of granting thereof.
An annual license fee valid for the current year is hereby established
as $25. Said fee shall accompany the application for a license.
A.Â
If the application is denied, the license fee shall be returned to
the applicant.
B.Â
If a license is surrendered by a license holder or revoked before
the end of the license period, no refund shall be given.
C.Â
All renewal license fees for the next calendar year must be submitted
by December 31.
No chicken license shall be issued or renewed until Animal Control
has determined that all the following conditions have been met:
A.Â
An application has been submitted with accurate and complete information.
B.Â
An inspection of the premises, coop and run described in the application
has been performed by the Township with the applicant's permission.
C.Â
Based on the application and inspection, the requirements of this
article have been met regarding the construction and location of the
chicken coop and run on the licensed premises.
D.Â
Based on the application and inspection, all other improvements and
equipment required to meet the requirements of this article have been
installed on the premises.
E.Â
Public health and safety will not be endangered by granting or renewing
the requested license.
Chicken licenses are effective for one year commencing on January
1 of each year and expiring on December 31 of the same year. Each
new chicken license issued after January 1 shall run for the remainder
of the calendar year.
A person desiring to keep chickens in Montclair must apply for
an annual chicken license using forms supplied by a designee of Montclair
Animal Control. An application for an initial license may be made
at any time. An application for a renewal license may be made at any
time after December 1 for the upcoming license year. The application
for an initial or renewal license shall include, but not be limited
to, the following information and agreements:
A.Â
The address of the lot where the chickens will be kept.
B.Â
A scaled drawing showing the location, size, and dimensions of the
coop and run, including the distance of the coop and run from other
structures on the licensed premises and neighboring property lines.
C.Â
The number of chickens to be kept at the licensed premises.
D.Â
An agreement by the applicant that the licensed premises may be inspected
by Animal Control at any time to ensure compliance with this article.
E.Â
A statement that the applicant understands the conditions and requirements
of this article.
The following rules and regulations shall govern the keeping
of live chickens, pigeons, and the keeping of animals for raising:
A.Â
No person shall keep or permit to be kept in any dwelling, house,
store or building occupied by human beings any live chickens, pigeons
or other animals for raising, nor shall such animals be permitted
to run or fly at large within the Township of Montclair, except that
pedigreed homing, high-flying or air-performing pigeons may be permitted
to fly for exercise or training, at the discretion of the owner, unless
such flight shall prove to be a public nuisance.
B.Â
The construction, location and maintenance of sheds, coops, pens
and other structures in which animals or chickens are kept or housed
shall comply with the following requirements:
(1)Â
All chickens shall be provided access to both a coop and a run
located in the rear yard of the licensed premises.
(2)Â
No structure shall be built or maintained which is less than
50 feet from the doors or windows of any neighboring dwelling and
not less than six feet from any neighboring property line. Further,
the coop and run shall be set back at least 25 feet from any delineated
wetland edge or the top of any bank of a pond, filtration basin, or
infiltration basin. No coop or run shall be located on any easement
or right-of-way area. Further, the coop shall provide adequate protection
from the elements and shall be winterized. All fencing and electrical
work associated with the chicken coop and run shall comply with all
building and zoning codes, and all appropriate permits and licenses
shall be obtained.
(3)Â
All such places shall be kept in good repair, shall have a floor
impervious to moisture, be waterproof, free from rats and vermin,
and ventilated and in a clean and sanitary condition at all times.
(4)Â
Chicken coops shall have a minimum footprint area of 1.5 square
feet per chicken. Chicken runs shall have a minimum footprint area
of eight square feet per chicken. The coop shall be elevated above
the ground and may not exceed a height of seven feet as measured from
the ground. An eight-and-one-half-inch roosting bar for each chicken
should be attached inside the structure in which chickens are to be
kept.
(5)Â
All plans for such structures and all structures intended for
the use of housing such animals or chickens that are equal to or greater
than 200 square feet shall be in accordance with the Building Code
of the Township of Montclair.[1]
(a)Â
When a chicken license expires or is revoked, the licensee shall
remove the coop and run from the licensed premises no later than 180
days after the expiration or revocation date. Removal shall not be
required, however, so long as a chicken license is renewed before
it expires or within 60 days after it expires.
C.Â
No more than 25 chickens shall be kept by any one applicant at any one location, excepting that persons engaged in the breeding or raising of animals or chickens for commercial purposes in the business zone, as nonconforming uses, or in the industrial zone as defined in Chapter 347, Zoning, of the Code of the Township of Montclair, New Jersey, whose structures for keeping and housing animals or chickens are located not less than 100 feet from any neighboring dwelling, may, at the discretion of the Director of the Department of Health, be permitted to keep more than 25 chickens. No greater number of animals or chickens shall be kept by any licensee than shall be designated in the license.
D.Â
All manure shall be composted or stored in tightly covered containers
or kept in any other manner as approved by the Department of Health
so as not to breed flies or create a nuisance.
E.Â
The Township of Montclair may inspect a licensed premises at any
time to confirm compliance with the requirements of this article.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $500.
Each day on which a violation of this article exists shall be considered
a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal
Court Judge may determine.
