[Adopted 12-27-2006 by Ord. No. 17-06]
As used in this article, the following terms
shall have the meanings indicated:
Any chicken, turkey, geese, duck, emu, ostrich or any other
fowl customarily found on a farm, and pigeons.
Any bull, cow, calf, heifer, sheep, llama, goat, horse, pony,
swine or any other animal customarily found on a farm.
It shall be unlawful for any person, firm or corporation to keep, stable, breed or quarter livestock or fowl as defined in § 55-6 of this article within the corporate limits of the Borough of Oaklyn. This term shall not include the keeping of cats, dogs or other domestic animals within the limits of the Borough of Oaklyn, except that up to two female goats may be kept within such limits upon the certificate of a physician that the milk of said goats is necessary for the health of their owner or member of his family.
[Added 9-13-2016 by Ord.
No. 14-16]
Notwithstanding the provisions of § 55-7 of this chapter, the keeping of backyard chickens shall be permitted in the Borough of Oaklyn subject to the rules and regulations as specified in this article.
[Added 9-13-2016 by Ord.
No. 14-16]
A.
No person shall keep chickens on his/her property without first obtaining
a license from the Borough Clerk's office and paying the required
fee therefor. No license shall be issued unless the applicant therefor
has demonstrated compliance with all criteria set forth in this article.
(1)
An annual fee of $10 shall be paid for each license issued under
this article for one to five chickens. A fee of $20 shall be paid
for each license issued under this article for six to 10 chickens.
Licenses shall be renewed annually and shall expire on March 1 of
each year.
(2)
The applicant must reside on the property in which the chickens subject
to this license are to be housed. If the applicant is a renter/tenant/occupier
of the property where chickens are to be housed, the applicant must
have the property owner or landlord complete and have notarized the
Property Owner/Landlord Permission Affidavit portion of the license
application.
(3)
New licensees will only be permitted a maximum of four chickens for
their first year, regardless of lot size.
(4)
A new licensee who was maintaining chickens at the time of the passage
of this section may be issued a license for more than the permitted
number of chickens to allow such person(s) to come into compliance
with this section through the natural expiration of their chickens.
B.
Each applicant desiring to keep backyard chickens shall be required
to take a class on the basics of raising backyard chickens acceptable
to the Chicken Advisory Board. Proof of completion must be presented
with the completed application. The Chicken Advisory Board will provide
a class or refer the applicant to an acceptable backyard chicken-keeping
class as needed. A member of the Chicken Advisory Board will review
the application with the applicant prior to final submission.
[Added 9-13-2016 by Ord.
No. 14-16]
The following regulations and conditions for the keeping and
housing of chickens shall be complied with:
A.
There shall be a limit of three chickens permitted for the first
2,250 (or whatever is the smallest lot size in town) square feet of
lot size, with one additional chicken permitted for each additional
500 square feet of lot size, capped at a maximum of 10 chickens.
B.
No roosters shall be permitted.
C.
Eggs from backyard chickens are to be considered forage and shall
be legal to sell within the Borough.
D.
The coop and enclosed run shall be located in the rear yard at least
15 feet from the door or window of any dwelling or habitable structure
other than the owner's dwelling. A minimum five-foot side and
five-foot rear yard setback shall be maintained as a buffer.
E.
Garages, attached or otherwise, and accessory buildings shall not
be considered a "habitable structure" for purposes of calculating
the required distance. If chickens are to be housed within an existing
permanent structure on the property, such as a garage or shed, the
side and rear setback will not apply. However, the fifteen-foot setback
will apply.
F.
The coop shall be the appropriate size for the number of chickens,
with a minimum of five square feet of floor space per chicken. However,
if a predator-proof run is attached to the coop, then the combined
coop and run square footage can be calculated to satisfy the requirement
of five square feet per chicken. The square footage of the coop shall
not exceed 100 square feet.
H.
Clean food and water must be provided at all times. Chicken feed
stored outdoors shall be kept in metal containers with tight-fitting
lids.
I.
Waste shall be properly composted to prevent offensive odors or disposed
of in an environmentally friendly manner.
J.
The culling of chickens in public view is prohibited.
K.
Chickens may roam outside of the coop area in the backyard if area
is suitably fenced to keep the chickens contained.
L.
The keeping of chickens shall be limited to the backyard.
M.
All chickens must be confined in a predator-proof coop or predator-proof
coop/run combination within one hour of dusk.
N.
No person shall permit a chicken to run at large upon any public
street or the private property of other persons.
[Added 9-13-2016 by Ord.
No. 14-16]
A.
A Chicken Advisory Board consisting of five persons, three of whom
being Oaklyn residents, shall be formed. The Chair and members of
this Board will be appointed to a one-year term by the Mayor, with
advice and consent of Borough Council. The Chair and Board members
shall select the Vice Chair and Secretary of the Board. The Board
shall meet on a regular basis, keep minutes, and submit a report to
Borough Council at least twice per year. These reports will include
any activities of the Board, as well as any complaints from residents
concerning backyard chickens and the resolution, if any, of those
complaints.
B.
When a complaint is received by the Borough, it will be forwarded
to the Board for investigation by the Board. If the Board finds a
violation of this article, solutions will be discussed with the offending
resident to allow him/her to meet the requirements of this article
as soon as possible. However, if, after 15 days, the violation has
not been remedied, the Borough Code Enforcement Officer will be notified
so that enforcement proceedings can be implemented. The Chicken Advisory
Board will assist anyone desiring to no longer participate in the
backyard chicken program to relocate his/her chickens.
[Added 9-13-2016 by Ord.
No. 14-16]
Subject to the provisions of § 55-74B of this chapter,
the Code Enforcement Officer is hereby empowered to revoke the license
held by any person who violates any of the provisions of this article.
A licensee may appeal the decision of the Code Enforcement Officer
revoking his/her license to the Chicken Advisory Board by filing an
appeal, in writing, to the Chicken Advisory Board within five days
of the effective date of the license revocation. Within 10 days of
its receipt of such an appeal, the Chicken Advisory Board shall schedule
a hearing to determine if the license issued under this article should
be reinstated. Notice of the time and place of such hearing shall
be served, in writing, upon the licensee. The Chicken Advisory Board
shall only reinstate the license issued under this article upon proof
by the licensee that the violation(s) of the provision(s) of this
article have been cured.
[Amended 9-13-2016 by Ord. No. 14-16]
Any person who violates any provision of this article shall, upon conviction in the Municipal Court of the Borough of Oaklyn, or such other court having jurisdiction, be liable for fines and penalties as set forth in § 1-14 of the Code of the Borough of Oaklyn. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this article.
