Breitkopf, J.d.c. (temporarily assigned).
[98 NJSuper Page 467] This matter was tried on the basis of a stipulated set of facts. The court below found defendant guilty of violating section 9A of the Edison Township zoning ordinance in that he maintained and harbored a horse on his premises in the said township. The Municipal Court imposed a fine of $10 and $10 costs, suspended the penalty and allowed defendant six months to correct the violation. Defendant then filed a notice of appeal and a trial de novo was held in the Middlesex County Court. Defendant entered a plea of not guilty. Both plaintiff and defendant have submitted memoranda of law.
The facts stipulated are as follows:
Defendant owns property in the Township of Edison commonly known as 127 Dorothy Avenue. On this property is a one-family residential home. Defendant constructed an accessory building on the extreme rear portion of this lot in the summer of 1967. Prior to that time he had a building in which he stabled a pony, but this structure has since been torn down. He now stables a horse in the new structure. Around the structure itself is a corral for the horse.
The subject premises are located in a Residence "B" zone.
The township building inspector had issued a permit for the construction of the accessory building. Thereafter, the Edison Township Division of Licensing issued a permit or license to defendant for the keeping of a horse on this property. The Edison Township Health Department made an inspection of the premises and found everything to be in order.
On September 15, 1967 an adjoining neighbor, Mary Janisch, signed a complaint in the Municipal Court of the Township of Edison alleging that
"From July 23rd, 1967, to August 18th, 1967, in the Township of Edison, County of Middlesex and State of New Jersey, * * * the defendant did violate Section 9A of the Township Zoning Ordinance, in that he is maintaining and harboring a horse."
Mary Janisch has no official capacity with the township.
Introduced and marked into evidence were three photographs of the accessory building constructed by defendant and the corral surrounding it.
Section 9A of the zoning ordinance sets forth the permitted uses in a Residence "B" zone as follows:
"In any Residence 'B' Zone, no building, structure, lot or land shall be used for other than one or more of the following uses, except as ...