[Adopted 7-12-1976 by Ord. No. 1976-32 (Ch. 2, Part 3, of the 1990 Code); amended in its entirety 6-12-2024 by Ord. No. 2024-01]
For the purpose of this article, the following terms, phrases or words shall have the meanings ascribed to them in this section, except where the context in which the word is used clearly indicates otherwise:
CARRIER PIGEON
Includes homing and racing pigeons which have the name of the owner stamped upon the wing or tail, or are banded upon the leg with the name or initials of the owner or with an identification or registration number stamped on the band.
CHICKEN COOP
A structure made of durable, solid materials, with no less than three walls and a roof, to provide a nesting area for chickens to lay eggs and to protect chickens from predators and the weather. The coop may be mobile or stationary.
CHICKEN OWNER
A pen or enclosure made of durable wire mesh or similar materials with the purpose of containing chickens, and prohibiting intrusions from outside: to create a space within which chickens may walk and feed.
CHICKEN RUN
Any person who has a property right in a chicken or chickens or who keeps or harbors a chicken or chickens or has chicken(s) in his/her/their or its care.
CODE OFFICER
An individual or agency appointed by the Board of Commissioners of Swatara Township to enforce the civil codes enacted by the Board.
LOFT
Includes any structure in which carrier pigeons are housed.
NUISANCE
A chicken or chickens that is/are:
A. 
Damaging or destroying property; or
B. 
Creating a foul or obnoxious odor; or
C. 
Causing an unsightly condition; or
D. 
Disturbing the peace and quiet by repeating loud noises; or
E. 
Making any noise natural to its species in an excessive, continuous or untimely fashion so as to disturb the peace; or
F. 
Soiling, defiling, or defecating on any property other than the property of the chicken's owner, keeper, or controller without removing such waste.
RACING PIGEON
Includes any pigeon registered with a national pigeon racing organization.
A. 
The Code Officer of Swatara Township shall issue a carrier pigeon permit to the owner of any carrier pigeons who complies with the following requirements:
(1) 
Identification marks stamped on each carrier pigeon or band are recorded with the Health Officer.
(2) 
The loft is found on inspection to be in compliance with regulations prescribed by the Health Officer and approved by the Board of Commissioners of Swatara Township, and is maintained in a clean, orderly condition and kept in good repair.
(3) 
The construction of a loft complies with the Swatara Township Building Code regulations and the Swatara Township zoning requirements.
B. 
The owner of any carrier pigeons shall pay an annual fee for a carrier pigeon permit as determined by the Board of Commissioners of Swatara Township pursuant to resolution and no permit as required by this article shall be issued until the prescribed fee shall have been paid. The Code Officer of Swatara Township shall keep a record of all permits issued under this article.
Any owner of carrier pigeons, to whom the Code Officer of Swatara Township has issued a carrier pigeon permit, or person acting for him, having in his charge or possession and under restraint and control not more than 25 pairs of carrier pigeons shall be allowed to fly the pigeons for necessary exercise and training.
Any owner of carrier pigeons to whom the Code Officer of Swatara Township has issued a carrier pigeon permit shall permit employees or officials of Swatara Township and the Code Officer of Swatara Township to enter upon their property for the purpose of making an inspection of pigeons and lofts at reasonable times.
A. 
The Code Officer of Swatara Township shall issue a permit to keep chickens to the owner of the chickens who complies with the following requirements:
(1) 
Coops and runs must be placed in a rear yard of at least 200 square feet.
(2) 
The coops and runs are found on inspection by the Code Officer to be in compliance with the requirements of this ordinance, are maintained in an orderly and sanitary condition and kept in good repair.
(3) 
Coops and runs are kept at least 15 feet from any lot line and 30 feet from any occupied residential structure.
(4) 
There is at least three square feet of space per chicken inside the coop and at least five square feet of space per chicken inside the run.
(5) 
Occupants who are not the owners of record of the lot or property must submit written permission from the owner specifically stating that the keeping of chickens on their property is permitted.
(6) 
The owner of the lot does not allow the keeping of more chickens than prescribed in § 295-96D(11), Keeping of pets.
(7) 
Public slaughter is prohibited. Slaughter is allowed when conducted in the chicken owner's residence and all excess viscera is disposed of in a sanitary way.
(8) 
Commercial slaughter is prohibited.
(9) 
The sale of chickens or chicken eggs for commercial purposes is prohibited. De minimus egg sales are permitted, subject to regulations of other agencies. The keeping of chickens shall not be permitted as an accessory use on a property where such use is prohibited by covenant, restriction, rule or regulation of a homeowners' or other association which includes the property.
(10) 
All chicken-related materials and feed shall be stored in sealed, rodent-proof containers so as to prevent vermin and any nuisance to surrounding neighbors.
(11) 
All keeping of chickens must comply with the minimum standards of animal care as required by Pennsylvania law, Pa. Code Title 18, regarding animal cruelty provisions.
(12) 
Coops shall be ventilated to avoid respiratory disease and infections, control ambient temperature, and prevent the accumulation of toxic gases.
(13) 
Coops shall comply with the accessory building height requirements of the zoning district.
(14) 
Chicken coops and runs shall be kept in sanitary condition and free from unpleasant odors and from conditions contributing to the breeding of flies.
(15) 
Coops and runs shall be cleaned of hen droppings, uneaten food, feathers and other waste on a regular basis and as necessary to ensure they do not become a health, odor or other nuisance.
(16) 
The disposal of dead chickens shall be in accordance with the Domestic Animal Law, 3 Pa. C.S. Section 2352. Dead animals shall be disposed of within 48 hours after death.
(17) 
Chicken owners are responsible for ensuring that chickens are contained and not permitted to road on adjoining properties.
(18) 
Barbed wire fencing shall not be permitted for chicken runs or enclosures.
(19) 
The height of fencing shall be sufficient to keep chickens within enclosures to prevent chickens from escaping confinement.
B. 
The owner of any chickens shall pay an annual fee for a chicken permit as determined by the Board of Commissioners of Swatara Township pursuant to resolution and no permit as required by this article shall be issued until the prescribed fee has been paid.
Any owner of chickens to whom the Code Official has issued a chicken permit shall permit employees or officials of Swatara Township with reasonable cause to enter upon their property for the purpose of making an inspection of chickens and coops and runs at reasonable times.
Any person who shall violate any of the provisions of this article, upon conviction thereof, shall be sentenced to pay a fine of not less than $30 nor more than $600 or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days. Every day that a violation of this article continues shall constitute a separate offense.