[Adopted 7-17-2019 by Ord. No. 2019-05]
As used in this article, the following terms shall have the
meanings indicated:
A wire enclosure connected to a henhouse for the purpose
of allowing chickens to leave the henhouse while remaining in an enclosed,
predator-safe environment.
A structure for the sheltering of female chickens. An existing shed or garage can be used for this purpose if it meets the standards contained in this Article VII, including the required distance from property lines.
The purpose of this article is to provide standards for the
keeping of domesticated chickens. It is intended to enable residents
of the Borough to keep a small number of female chickens on a noncommercial
basis while limiting the potential adverse impacts on the surrounding
neighborhood. The Borough recognizes that adverse neighborhood impacts
may result from the keeping of domesticated chickens as a result of
noise, odor, unsanitary animal living conditions, unsanitary waste
storage and removal, the attraction of predators, rodents, insects,
or parasites, and nonconfined animals leaving the owner's property.
This article is intended to create standards and requirements that
ensure that domesticated chickens do not adversely impact the neighborhood
surrounding the property on which the chickens are kept.
An annual permit is required for the keeping of any domesticated
chickens in the Borough.
The fee for an annual permit to keep chickens shall initially
be $50, but such fee may be adjusted from time to time by resolution
adopted by the Borough Council.
A.
Chickens must be kept in an enclosure or fenced area at all times.
During daylight hours, chickens may be allowed outside of their chicken
pens in a securely fenced yard if supervised. Chickens shall be secured
within the henhouse during nondaylight hours.
B.
Residents keeping chickens shall provide a henhouse. Henhouses shall
comply with the following standards and regulations:
(1)
A henhouse footprint shall not exceed 32 square feet (unless an existing
shed or garage which complies with all setbacks required by the Borough's
Zoning Ordinance[1] is used for this purpose) and shall be subject to the
bulk and area requirements of the Borough Zoning Ordinance relating
to accessory structures. To the extent that there is any conflict
between the requirements set forth in this chapter and the bulk and
area requirements of the Borough's Zoning Ordinance relating
to accessory structures, the more restrictive provisions shall govern.
(2)
Henhouses shall not exceed six feet in height.
(3)
Henhouses must provide a minimum floor area of three square feet
per chicken in the henhouse.
(4)
Henhouses shall be enclosed on all sides and shall have a roof and
doors. Access doors must be able to be shut and locked at night. Opening
windows and vents must be covered with predator- and birdproof wire
of less than one-inch openings.
(5)
Henhouses must be clean, dry, and odor-free, kept in a neat and sanitary
condition at all times, in a manner that will not disturb the use
or enjoyment of neighboring lots due to noise, odors or other adverse
impact.
(6)
Henhouses and chicken pens must provide adequate ventilation and
adequate sun and shade and must both be impermeable to wild birds,
and predators, including dogs and cats.
(7)
Henhouses must be located in a rear yard, or where there is no rear
yard, in a side yard away from the street, behind the line of the
primary dwelling nearest the street.
C.
Residents keeping chickens shall provide a chicken run. Chicken runs
shall comply with the following standards and regulations:
(1)
Chicken runs must be provided consisting of sturdy wire fencing.
The chicken run must be covered with wire, aviary netting, or solid
roofing.
(2)
Chicken runs must provide a minimum of five square feet of enclosed
range space per chicken.
(3)
Chicken runs will not be required on lots with a fenced yard, provided
that the chickens are contained within the fenced yard at all times.
D.
Chicken feed must be stored in a metal container with a metal lid
that cannot be penetrated or removed by vermin.
All owner or owners of chickens within the limits of the municipality
are hereby required to house the same at all times under sanitary
conditions so that the keeping of chickens shall not become either
a public or private nuisance. The following provisions apply:
A.
All chicken feces accumulated on private property shall be removed by using the approved sanitary method of double bagging and placing in the trash for collection unless composted as provided for in § 129-51 below.
B.
Chicken feces on private property shall not be allowed to accumulate
to the degree that it becomes a public health nuisance or hazard.
In cases where chicken feces do accumulate on private property, the
Code Enforcement Officer or his designee may conduct an investigation,
after which the accumulation may be declared a public health hazard
or nuisance, and the owner shall be ordered to remove and dispose
of the accumulated feces in an approved manner. The order to remove
such accumulated feces shall be given personally to the owner or shall
be sent by registered mail, and the owner shall be given a period
of 48 hours from the date and time of receipt of the order to clean
the property and remove the accumulated feces.
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.
A.
Every applicant for a permit to keep domesticated chickens shall:
(1)
Complete and file an application on a form prescribed by the Code
Enforcement Officer.
(2)
Deposit the prescribed permit fee with the Code Enforcement office
at the time the application is filed.
(3)
Provide a copy of a master chicken keeper certificate evidencing
that the applicant has successfully completed a master chicken keepers
training course.
(4)
Schedule an inspection by the Code Enforcement Officer or his designee
of the henhouse and chicken run for purposes of ensuring compliance
with the requirements of this article.
B.
Any material misstatement or omission shall be grounds for denial,
suspension or revocation of the permit.
The Code Enforcement Officer shall issue a permit if the applicant
has demonstrated compliance with the criteria and standards in this
article.
The Code Enforcement Officer shall conduct an annual inspection
of the property of the person who has applied for a permit to confirm
that the conditions set forth in this article have been complied with.
The Code Enforcement Officer shall deny a permit if the applicant
has not demonstrated compliance with all provisions of this article.
In addition, a permit to keep domesticated chickens may be suspended
or revoked by the Code Enforcement Officer where there is a risk to
public health or safety or for any violation of or failure to comply
with any of the provisions of this article or with the provisions
of any other applicable ordinance or law. Any denial, revocation or
suspension of a permit shall be in writing and shall include notification
of the right to and procedure for appeal.
A person appealing the issuance, denial, suspension or revocation
of a permit by the Code Enforcement Officer may appeal to the Board
of Code Appeals within 30 days of the decision being appealed.
A.
The penalty for violation of this article shall be a fine not to
exceed $1,000 or 30 days' imprisonment per violation. Each day
that a violation continues shall be treated as a separate offense.
B.
In addition to the penalty available to the Borough hereunder or
at law or in equity, any violation of the provisions of this article
shall be grounds for an order from the Code Enforcement Officer to
remove the chickens and the chicken-related structures.
C.
The Health Inspector, Code Enforcement Officer, or Animal Control
Officer may also order the removal of the chickens upon a determination
that the chickens pose a health risk.
This article may be enforced by the Health Officer or Animal
Control Officer in addition to the Code Enforcement Officer, and the
Health Officer and Animal Control Officer are hereby empowered to
issue citations or otherwise enforce this article on the same basis
as the Code Enforcement Officer.
