[Ord. 357, 11/24/1980, § 1]
The following words and phrases, when used in this Part, shall
have the meanings subscribed to them in this section, except where
the context indicates or requires a different meaning.
Any person who owns, possesses, maintains, houses or keeps,
has any animal or animals, pet or pets within the Borough of Edinboro,
whether for compensation or otherwise.
To suffer, allow, consent, let; to give, leave or license;
to acquiesce by failure to prevent or to expressly accept or agree
to the doing of any act.
A natural person, partnership, corporation, fiduciary or
association. Whenever used in any section prescribing and imposing
a penalty, the term "person" as applied to any partnership, association
or other entity, shall also mean the partners or members thereof,
and as applied to corporations, the officers thereof.
[Ord. 357, 11/24/1980, § 2; as amended by Ord.
585, 9/12/2011]
It shall be unlawful for an animal owner to permit an animal
or pet, other than a cat, to run at large or be unattended and not
under the control of the person while the animal is in the Borough
of Edinboro.
[Ord. 357, 11/24/1980, § 3]
An animal owner shall not permit said animal or pet to make
any loud or harsh noises or disturbances which shall interfere with
or deprive the peace, quiet, rest or sleep of any person.
[Ord. 357, 11/24/1980, § 4]
No animal owner shall permit said animal or pet to defile, befoul,
corrupt, defecate or otherwise desecrate any sidewalk, walkway or
property of another.
[Ord. 357, 11/24/1980, § 5]
The Police Department of the Borough of Edinboro shall, upon
receiving a complaint or information that an animal owner is permitting
an animal or pet to do any of the acts prohibited by this Part, and
after investigation of the complaint or information, or upon the Police
Department's own observation that an animal owner is in violation
of this Part, shall issue or cause to be issued to such animal owner
a written warning which shall notify such animal owner of the violation
and that his or her animal shall be so controlled as to prevent further
violations of this Part.
[Ord. 357, 11/24/1980, § 6]
The Police Department shall maintain a record of all warnings served pursuant to § 2-105 of this Part, and upon receiving the second complaint or information, or upon the Police Department's own observation and investigation, and after reasonable investigation believe that the animal owner has again violated this Part, then in that event, the Police Department shall initiate summary proceedings against such owner in accordance with the Pennsylvania Rules of Criminal Procedure.
[Ord. 357, 11/24/1980, § 7; as amended by Ord.
545, 2/26/2007, § 2-107]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 603, 12/12/2016]
1.
Chickens shall be permitted only in the R-1, R-1A, R-2, R-3 and RLB
Zoning Districts.
A.
The number of female chickens (hens) in the above-referenced zoning
districts shall not exceed five, above the age of one month, per dwelling
unit, provided enough space exists to meet the space requirements
of this Part.
B.
In the case of two-family dwellings, conversion dwellings, or multifamily
dwellings without individually owned backyards, the maximum number
of hens allowed is a total of five per building.
2.
No person shall keep or harbor any rooster within the Borough.
[Ord. 603, 12/12/2016]
As used in this Part, the following terms shall have the meanings
indicated:
A fenced area in which chickens are allowed to walk and run
about on the owner's parcel.
A small building for housing poultry.
[Ord. 603, 12/12/2016]
1.
No person shall raise, harbor or keep chickens within the Borough
without a valid permit from the permitting officer under the provisions
of this Part.
2.
Application. In order to obtain a permit, or renew a permit, an applicant
must submit a completed application on forms provided by the permitting
officer and pay all fees required by this Part. Fees shall not be
prorated at any time for initial or renewal permits.
3.
Requirements:
A.
All performance standard requirements of this Part are met;
B.
All fees, as may be provided for from time to time by Borough Council
resolution, for the permit are paid in full;
C.
All utility fees and taxes owed by the applicant to the Borough have
been paid in full;
D.
All subdivision and/or homeowners' association rules/policies/bylaws
are followed by the property owner. It shall be the responsibility
of the existing association for the enforcement of the same.
4.
Issuance of Permit. If the permitting officer concludes, as a result
of the information contained in the application, that the requirements
for a permit have been met, then the officer shall issue the permit
within 30 days of receipt of a complete application and fees.
5.
Denial; Suspension; Revocation; Nonrenewal. The permitting officer
may deny, suspend, revoke, or decline to renew any permit issued for
any of the following grounds:
A.
False statements on any application or other information or report
required by this section to be given by the applicant;
B.
Failure to pay any application, penalty, reinspection or reinstatement
fee required by this section;
C.
Failure to correct deficiencies noted in notices of violation in
the time specified in the notice;
D.
Failure to comply with the provisions of an approved mitigation/remediation
plan by the permitting officer, or designee;
E.
Failure to comply with any provisions of this Part.
6.
Notification of Suspension or Revocation. A decision to revoke, suspend,
deny or not renew a permit shall be in writing, delivered by ordinary
mail or in person to the address indicated on the application. The
notification shall specify reasons for action.
7.
Effect of Revocation. When an application for a permit is denied, or when a permit is revoked, the applicant may not reapply for a new permit for a period of one year from the date of the denial or revocation. Upon the expiration of the appeal period under Subsection 8, Appeals, the property owner shall remove all chickens from the premises. Any premises not complying shall be subject to violations and penalties under § 2-212 of the Code of the Borough of Edinboro.
8.
Appeals. No permit may be denied, suspended, revoked or not renewed
without written notice. In any instance where the permitting officer
has denied, revoked, suspended, or not renewed a license, the applicant
or holder of the permit may appeal the decision to the Borough Manager
within 14 days of receipt of the official notice of the decision.
The applicant or holder of the permit will be given an opportunity
for a hearing before the Borough Manager within 30 days. The decision
of the Borough Manager hearing the appeal, or any decision by the
permitting officer which is not appealed in accordance with this Part,
shall be deemed final adjudication pursuant to the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 101 et seq.
9.
Duration of Permit. The initial permit shall be valid for the remainder
of the year in which it was approved, with the expiration date of
December 31.
10.
Renewal of Permit. The permit renewal application is due on or before December 1 each year. Renewals shall be facilitated pursuant to § 2-203. If any performance standard has been violated, the permit officer shall visit the property and confer with the applicant to ensure that all appropriate corrective or mitigation measures have been implemented prior to issuing a renewal.
[Ord. 603, 12/12/2016]
1.
All chickens must be kept in a coop or chicken run at all times.
During daylight hours, chickens may have access to outdoors via a
chicken run. The chickens shall be secured within the coop during
nondaylight hours.
A.
Coops and chicken runs shall be located at least 20 feet away from
an occupied dwelling other than that of the property owner.
B.
The minimum coop shall be solid, vermin- and predator-proof and shall
provide at least three square feet of area per chicken.
C.
The chicken run shall be adequately fenced to contain the chickens
on the property.
D.
Coops shall be enclosed on all sides and shall have a roof and doors.
Access doors must be able to be shut at night. Openings, windows,
and vents must be covered with vermin-, predator- and bird-proof wire
of one-half-inch hardware cloth.
(1)
Materials used for making a coop shall be uniform for each element
of the enclosure such that the walls are made of the same material,
the roof has the same shingles or other covering, and any windows
or openings are constructed using the same materials. The use of proper
building materials for exterior and interior applications is required.
The use of scrap, waste board, or similar material is prohibited.
(2)
The coop shall be painted or stained in its entirety in a uniform
color.
E.
Coops and chicken runs shall be designed to provide safe and healthy
living conditions for the chickens and shall provide shade in the
warm weather, suitable protection from inclement weather, and adequate
ventilation.
F.
Coops and chicken runs shall be kept in good repair and must be capable
of being maintained in a clean and sanitary condition, free of vermin
and obnoxious odors.
G.
Coops and chicken runs must reasonably prevent the chickens from
running at large. Chickens will be considered running at large within
the meaning of this section when chickens are off the permit holder's
premises.
H.
Coops and chicken runs shall be open for inspection by the Borough.
I.
Coops and chicken runs are permitted in backyards only. Coops and
chicken runs are prohibited in front yards and side yards.
[Ord. 603, 12/12/2016]
Chickens shall be provided with access to feed and clean water
at all times. All feed, water, and other such items associated with
the keeping of chickens shall be properly stored in a clean and sanitary
manner so as to prevent the infestation of rats, mice, or other rodents
or vectors.
[Ord. 603, 12/12/2016]
No person shall keep chickens, in the Borough, in a manner that
creates an unsanitary condition or creates an offensive odor. Any
related odor is prohibited beyond the property boundary where the
chickens are being kept. Noise that is offensive to neighboring residents
is prohibited. Offensive odors extending beyond the property boundary,
offensive noise and chickens running at large shall be considered
a public nuisance.
[Ord. 603, 12/12/2016]
No person shall slaughter or butcher any chicken within the
Borough.
[Ord. 603, 12/12/2016]
All chicken droppings shall be collected and disposed of in
a container or receptacle that, when closed, shall be ratproof and
flytight; and after every such collection, such container or receptacle
shall be caused to be kept closed. At least once a week, every such
keeper shall cause all litter and droppings so collected to be disposed
of in such manner as not to permit the presence of fly larvae. Any
related odor shall not be detectable beyond the property boundary.
[Ord. 603, 12/12/2016]
It shall be unlawful for any person to spread or cause to be
spread or deposited upon any ground or premises within the Borough
any chicken manure. However, chicken manure may be composted on the
property where the chickens are housed and the composted material
then applied to gardens or yards.
[Ord. 603, 12/12/2016]
Chickens are permitted in the Borough of Edinboro exclusively
for the purpose of generating eggs for the consumption of the occupants
of the residential property where the chickens are being kept. Chickens,
within the Borough of Edinboro, are not for the purpose of generating
the sale of chickens, chicken meat or chicken eggs.
[Ord. 603, 12/12/2016]
No dog or cat that kills an escaped chicken, for that reason
alone, will be considered a dangerous or aggressive animal or require
the Borough's responsibility to enforce any animal control provisions.
[Ord. 603, 12/12/2016]
1.
Any violations of this Part may result in action being brought before
a Magisterial District Judge in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
The fine for such violations shall not be less than $100 nor more
than $1,000 for each violation. A separate offense shall arise for
each day, or portion of a day, in which a violation is found to exist,
or for each section that is found to be violated.
2.
This Part may be enforced through an action brought in the Court
of Common Pleas in which the subject property is located.
3.
Any person found guilty of violating this Part may be assessed court
costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings brought in accordance with this Part.
[Ord. 603, 12/12/2016]
The effective date of this Part is December 12, 2016.
[Ord. 603, 12/12/2016]
Each section, paragraph, sentence, clause, and provision of
this Part is separable; and if any provision is held unconstitutional
or invalid for any reason, such decision shall not affect the remainder
of this Part nor any part thereof other than that affected by such
decision.
