[HISTORY: Adopted by the Borough Council
of the Borough of Malvern as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-19-2002 by Ord. No. 2002-9 (Part 5, Ch. 4, Art. A, of the 1975 Code of Ordinances)]
It shall be unlawful for any owner, custodian,
or keeper of any dog to allow or permit such dog to run at large at
any time upon the streets, alleys, highways, roads, public grounds
of the Borough, or upon the private property of someone other than
the owner, custodian, or keeper of such dog, unless accompanied by
such owner, custodian, or keeper and restrained on a leash. The provisions
of this article are intended to supplement the duties and responsibilities
imposed by virtue of the Commonwealth of Pennsylvania's Dog Law, as
amended.
Any dog running at large in conflict with the provisions of § 68-1 of this article may be seized or detained by any Borough police officer or the Borough's Animal Control Officer and taken to the Chester County SPCA. The Chief of Police or his agents or the Borough's Animal Control Officer shall cause any dog bearing a proper license tag or permanent identification marker, and so seized and detained, to be properly kept and fed at the Chester County SPCA and shall cause immediate notice, by registered or certified mail, with return receipt requested, to the person in whose name the license was procured, or his agent, to claim such dog within five days after receipt thereof. The owner or claimant of such dog so detained shall pay a penalty of $15 to the Borough and shall pay all reasonable expenses incurred by reason of such dog's detention to the detaining parties before the dog is returned to the owner or claimant. Any unlicensed dog seized or detained by any Borough police officer or the Borough's Animal Control Officer shall be kept and fed for a period of 48 hours at the Chester County SPCA.
If five days after obtaining the postal return
receipt from the registered owner of a licensed dog, such dog has
not been claimed, the Chief of Police or his agents shall dispense
such dog by sale or by giving it to the Chester County SPCA. All monies
derived from the sale of such dog, after deducting the expenses of
its detention, shall be paid through the Department of Agriculture
to the State Treasurer for credit to the Dog Law Restricted Account.
Any unlicensed dog remaining unclaimed after 48 hours may be humanely
killed or given to the Chester County SPCA.
It shall be unlawful for the owner, custodian
or keeper of any dog to harbor, care for, shelter or maintain any
dog or dogs in such a manner as to disturb or unduly annoy the public
through the dog's noise, barking, smell, mischief or other harmful
or annoying propensities. All dog pens or other areas in which dogs
are kept shall be maintained in a sanitary condition free of offensive,
obnoxious or foul orders.
Unless attended by its owner or some other person
responsible to the owner, no dog shall be permitted to run at large
upon the outdoor area of any public or private property, nor be confined
in an open-air enclosure where its barking may disturb the quiet of
the neighborhood, after 10:00 p.m. or before 6:00 a.m. prevailing
time.
No person owning, harboring, keeping or in charge
of any dog shall cause, suffer or allow such dog to defile or defecate
on any sidewalk, pathway, play area, park or any place where people
congregate or walk or on any private property without the permission
of the owner of said property.
[Amended 5-2-2006 by Ord. No. 2006-6]
A.
Except as
otherwise provided in the Pennsylvania Dog Law, this article may be
enforced by any Borough police officer or any other duly appointed
person. Any person who violates or permits the violation of any provision
of this article shall, upon conviction thereof in a summary proceeding
brought before a District Justice, be guilty of a summary offense
and shall be subject to the payment of a fine of not less than $50
and not more than $600, plus the costs of prosecution. Every day that
a violation of this article continues shall constitute a separate
offense.
[Adopted 10-16-2018 by Ord. No. 2018-9]
To the extent that the keeping of chickens and ducks is authorized
pursuant to the applicable laws and ordinances of the Borough of Malvern,
such keeping of chickens and ducks shall be conducted in accordance
with the provisions of this article. The keeping of any other species
of fowl or poultry is prohibited. The keeping of male chickens is
prohibited.
A.
It shall be unlawful to keep any chicken or duck within the Borough
of Malvern without a permit.
B.
The Borough Manager shall be empowered to publish and amend a form
of permit application which shall be submitted by any applicant for
a permit for the keeping of chickens and/or ducks, together with the
applicable permit application fee as may be established by the Borough
Council from time to time. The permit application form may require
the applicant to provide an operational plan or other reasonable evidence
so as to demonstrate compliance with applicable laws and ordinances.
C.
Upon the submission of a complete application for a permit under
this article, or at any time after the issuance of a permit under
this article, the Borough or its duly authorized agent(s) shall be
authorized to inspect the enclosure and operations of the applicant
to verify compliance with all applicable laws and ordinances. The
failure of any permit holder to allow such inspection shall be grounds
for the immediate revocation of such permit holder's permit for
the keeping of chickens and/or ducks.
D.
The applicant shall be required to make any changes to the enclosure,
existing operations, or planned operations, as may be required in
order to comply with applicable laws, ordinances, or operational best
practices, prior to the issuance of a permit. Where the revocation
or nonissuance of a permit under this article would result in the
culling of birds, the Borough may, in its sole, absolute, and ongoing
discretion, issue a provisional permit notwithstanding minor nonconformities
provided that such nonconformities shall be rendered conforming to
applicable laws, ordinances, or best practices within a reasonable
period of time.
E.
Permits issued pursuant to this article shall be good through December
31 of each year and applications for the renewal of any permit issued
pursuant to this article shall be made not later than 30 days prior
to such expiration or, if such date is a holiday or weekend, the next
business day thereafter.
A.
Feed shall be kept in a dry, opaque, metal container for up to a
maximum of four weeks. Any infestation of feed or enclosure areas
by rodents or insects shall be remediated immediately.
B.
Each nest area shall maintain three inches of clean pine shavings
within the nest.
C.
Eggs shall be removed daily.
D.
Permit holders shall be required to demonstrate responsible disposal
practices for manure/litter. Manure/litter which is disposed of via
municipal trash collection, or by depositing the same in any dumpster
or other container for private collection, shall be contained in an
air-tight container or bag bearing the name of the permit holder.
If manure/litter is to be retained by the permit holder for any purpose,
such manure/litter shall be stored or composted in a manner so as
to not constitute a nuisance.
E.
All areas within and surrounding any enclosure for the keeping of
chickens and/or ducks, as well as any equipment, tools, and containers
used for such purposes, shall be kept in a clean and sanitary condition,
free of rodents, insect infestation, unreasonable debris, food scraps,
detritus, manure, or any other organic material deposited or accumulated
due to the keeping of chickens and/or ducks.
F.
Any dead or infectiously diseased bird shall be removed from the
flock immediately upon death or diagnosis and, in the case of diseased
birds, shall not be returned to the flock except upon the certification
of an accredited veterinarian that such bird is no longer infectiously
diseased. A record of any such death or certification, together with
a record of such diagnosis, shall be maintained by the permit holder
for a period of two years from the date of death or certification
that the bird is no longer infectiously diseased.
To the extent that any artificial lighting is used within any
enclosure, such lighting shall not be visible beyond the boundaries
of the property where such enclosure is located between dusk and dawn
except in the case of emergencies.
The regulations imposed by this article are intended as a minimum
standard of operation and are not intended to provide safe harbor
from any other duty imposed by law. Nothing herein shall be deemed
to render any condition, practice, or circumstance to be lawful or
reasonable if such condition or circumstance would otherwise be deemed
a nuisance or tortious conduct under other applicable law. No private
cause of action is authorized pursuant to this article.
A.
The provisions of this article shall be enforced by the Borough's
Code Enforcement Officer or such other person(s) as may be duly appointed
from time to time by the Borough for such purposes.
B.
Any person who keeps any chicken or duck without a permit in violation
of this article shall, upon conviction thereof in a summary proceeding
brought before a District Justice, be guilty of a summary offense
and shall be subject to the payment of a fine of not less than $50
and not more than $600, plus the costs of prosecution. Every bird
so unlawfully kept, and each day of such unlawful keeping of each
such bird, shall constitute a separate offense. Any person found guilty
of such offense shall be assessed court costs and reasonable attorney's
fees incurred by the Borough in the enforcement proceedings.
C.
In the event of any violation of the operational standards of this
article by any holder of a permit issued pursuant to this article,
the Borough shall issue a notice of violation and describe corrective
measures which shall be undertaken by the permit holder to remediate
such violation(s) as may exist as well as a reasonable period of time
for such corrective measures to be completed or undertaken. If such
corrective measures are not completed or undertaken to the satisfaction
of the Borough's Code Enforcement Officer by the date(s) specified
in the notice of violation, the Borough shall revoke the permit holder's
permit.
D.
The issuance of three or more notices of violation to any permit
holder during any two-year period shall render such permit holder
ineligible for renewal of such permit notwithstanding any corrective
measures undertaken by such permit holder.
