[Adopted 9-7-1967 as § 9-4
of the Revised General Ordinances]
No person shall keep any birds or animals except
in accordance with the provisions of this article.
This article shall not apply to the keeping of dog kennels or pet shops licensed and regulated under Article I of this chapter. Animals kept as pets, provided they are of a species and of a number usually kept for that purpose, shall be exempt from the provisions of §§ 21-24 and 21-26, but shall be kept in compliance with all other provisions of this article.
The premises on which birds and animals are
maintained shall meet and constantly conform to the following requirements:
A.
Location is such as to preclude odors and sounds 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 premises which are constructed
and maintained in such fashion as to permit proper cleansing.
C.
Water supply is adequate for proper sanitation.
D.
Water or other liquid to which mosquitoes may have
access is properly treated to prevent their breeding.
E.
Disposition is made of animal wastes, garbage, refuse
or vegetable matter deposited upon the premises in such manner as
to prevent insect breeding or rodent harborage or pollution of the
air or any body of water, or the creation of any other unhealthy or
unsanitary condition.
F.
Rodents or insects hazardous to public health do not
exist or reproduce therein or thereon.
G.
Adequate measures are taken to prevent birds or animals
from escaping.
H.
Adequate equipment is available to maintain the premises
in a sanitary condition at all times.
A.
Birds or animals shall not be maintained on any premises
until the Health Officer has given formal approval therefor by the
issuance of a license.
B.
Application for a license shall be made by letter of request therefor submitted to the Health Officer, together with a report of facts relating to each provision of § 21-23.
C.
A license to maintain birds and animals shall not
be issued until the Health Officer has inspected and approved the
site and the facilities where birds or animals are to be maintained.
D.
Premises on which birds or animals are maintained
shall be subject to inspection by the Health Officer.
Premises on which birds or animals are maintained in violation of any provision of § 21-23 are hereby declared to be a nuisance and detrimental to public health.
The fee for a license to keep birds or animals
shall be $10 per year.
Except as a licensee to operate a kennel, pet
shop or other lawful activity involving the keeping of animals, no
person shall keep or house animals of any species in such numbers
or of such size or innate characteristics as to constitute a public
nuisance. The keeping of animals shall be deemed to be a public nuisance
if the property within which they are kept is not of a size, configuration,
or improved with appropriate facilities to adequately provide for
the containment of all such animals or to accommodate the natural
spatial needs of each individual animal, sheltered or unsheltered
from the elements, while providing simultaneously for the minimal
spatial needs of the regular human occupants of the property. A public
nuisance shall also be deemed to exist when, by reason of the physical
structure or other characteristic of the property or of an adjoining
property, the public or occupants of neighboring property are exposed
to an unreasonable degree of dangerous contact with the animal or
of an odor or noise.
Whenever in the opinion of the Health Officer,
or his designee, the keeping of any animal constitutes a nuisance
as defined under this article, he shall give written notice to the
owner, tenant or other occupant of the property advising of the basis
for his complaint and giving notice of the time and place for a hearing,
at the election of the owner, tenant or occupant, on the complaint.
The Health Officer, whenever he deems it necessary to determine any
matter involving expertise in the area of animal keeping, may engage
the services of a veterinarian, the services of a qualified representative
of the Trenton Kennel Club, or utilize such other resources as shall
be available and within budgetary limits. The hearing shall be conducted
in such a manner as to permit the owner, tenant or occupant a reasonable
opportunity to learn the basis of the complaint and the nature of
the violations and the scientific authority or references relied upon.
The owner, tenant or occupant shall also be given an opportunity to
present any evidence, authority or reasons in opposition to the complaint.
At the conclusion of the hearing, the Health Officer, or his designee,
shall reissue, modify or withdraw the complaint, with or without conditions.
Thereafter, unless the complaint is withdrawn unconditionally, if
the violation persists, the Health Officer shall cite the owner with
a violation of this article.
