As used in this article, the following terms shall have the
meanings indicated:
Cows, bulls, calves, mules, asses, sheep, goats, pigs, hogs,
swine, horses, and any other cattle.
Chickens, roosters, capons, hens, ducks, geese, pheasants,
turkeys, pigeons, guinea fowl and all other fowl.
Rabbits, guinea pigs and any other small animals. Dogs shall
not be held to be included within the meaning of the term "small animals."
The keeping of any barn, stable, pen or enclosure of fowls,
goats, cattle, swine or other animals or any slaughterhouse or factory
in such manner that offensive odors shall emanate therefrom to be
detrimental or a discomfort to any person living or passing in the
vicinity thereof is hereby prohibited and declared to be a nuisance.
Every stable or place where any cattle may be stabled shall
be kept in a clean and wholesome condition, and none of such animals
shall be kept therein while infected with any contagious or infectious
disease, nor shall such animals be kept in a place where the water,
ventilation or food is not sufficient and wholesome for the preservation
of the health and safe condition of such animals.
No person shall keep or allow to be kept in any dwelling house
or any part thereof any living cattle, poultry or small animals, excluding
house pets, nor shall any such cattle, poultry or small animals be
permitted to run at large in the Borough.
A.
Every owner, lessee or occupier of any stall, stable, shed or barn
wherein any cattle shall be kept shall keep and maintain suitably
covered watertight boxes, pits or vaults into which shall be placed
all manure or refuse from such animals, and such manure shall be removed
from such boxes, pits or vaults in such a manner as to be void of
offense, and as often as, in the opinion of the Director of the Department
of Health, it shall be deemed necessary for public health or comfort,
such manure or refuse shall be removed in trucks or wagons provided
with a proper cover.
B.
Any manure pit or other receptacle used for the storage of stable
manure shall be kept dry and shall be protected from the sun, rain,
snow and all other conditions which tend to produce wetness and offensive
decomposition of manure stored therein. The drainage from any stable
or other building shall not be emptied into said manure pit or other
such receptacle.
No person shall slaughter, kill or dress any cattle in the Borough
except for personal domestic use.
No person shall kill or aid in killing for human food any calf
less than four weeks old or any lamb less than eight weeks old or
any pig less than five weeks old, nor shall any person sell or offer
for sale or have in his possession with intent to sell for human consumption
any calf which has been killed when less than five weeks old or any
of the meat of such calf, lamb or pig.
[Amended 3-16-2015 by Ord. No. 5-15, effective 4-5-2015; 5-18-2015 by Ord. No. 11-15,
effective 6-7-2015]
A.
Purpose.
The purpose of this section is to define and establish the applicable
standards and restrictions with the raising, keeping and maintaining
of chickens/hens within the Borough of Lincoln Park.
B.
BOROUGH
CHICKENS/HENS
Definitions.
As used in this section, the following terms shall have the meanings
set forth below:
Borough of Lincoln Park.
For purposes of this section the term "hen" shall mean a
female chicken. The term "chicken" shall not include "rooster(s)."
Unless provided elsewhere in the Code, the raising, keeping and maintaining
of roosters shall not be permitted.
D.
Confinement.
A chicken shall not be allowed to fly or run at large, but shall be
confined in a suitable house or coop with an enclosed runway.
E.
Location. Any and all parts of the coop, house or runway referred to in Subsection H shall conform in all respects to the setback requirements (for the applicable zone of the subject property) for accessory structures as set forth in § 28-3.2 of Chapter 28, Zoning, of this Code. The height requirements of § 28-3.2 shall not be applicable to the coop, house and/or runway referred to in Subsection H.
F.
License required; fee; expiration. No person shall keep chickens or other poultry without having first obtained a license from the license issuing authority. The annual fee shall be as set forth in Chapter 34, Fees, § 34-2, and licenses shall expire on April 30 of each year. A license must be issued for each year. Such license shall not be transferable and shall continue to be in force and effect until the 30th day of April next ensuing, unless otherwise suspended and/or revoked as herein provided, the date of granting thereof.[1]
G.
Application
for license. Applications for license shall be made to the Board of
Health, and the applicant must obtain a zoning permit from the Department
of Engineering and Development. Such application shall set forth the
name and address of the applicant and the location of the property
for which the license is sought. The application shall be accompanied
by a survey of the property indicating the placement of the house/coop
therein and whether the placement is in conformance with the setback
requirements. The property survey must show all structures already
erected and to be erected. The application shall also provide a statement
of the number of chickens to be kept. In the event a structure or
structures are to be erected, satisfactory evidence that a zoning
permit has been issued for such structure(s) shall be submitted.
H.
Requirements
for housing or coops. The following regulations and conditions for
the keeping and housing of chickens/hens shall be complied with:[2]
(1)
The
house/coop shall not exceed 100 square feet. Any run/runway associated
with the house/coop shall be included within the one-hundred-square-foot
limitation.
(2)
The
house or coop shall be dry and well ventilated, with windows so placed,
if possible, as to admit sunlight. The house or coop shall have a
floor impervious to moisture and waterproof.
(3)
The
house or coop shall be whitewashed or painted therein.
(4)
The
house or coop shall be cleaned at least once a week between November
1 and May 1, twice a week between May 1 and November 1, and, if necessary,
cleaned more often and disinfected.
(5)
Perches
shall be removable and kept clean.
(6)
Chicken
nests shall be removable, cleaned, aired and sunned at frequent intervals.
(7)
Drinking
fountains in the area where the house or coop is located shall be
cleaned and supplied at all times with clean water.
(8)
The
yard in the area where the house or coop is located shall be clean
and free from odors.
(9)
The
house, coop and runway shall be constructed of such materials as to
prevent predators (coyotes, fox, bear, raccoons, etc.) and/or rodents
from entering therein.
(10)
All manure pending disposal shall be kept or stored in tightly covered
metal containers or in any other manner as approved by the Board of
Health, so as not to breed flies or create a nuisance.
I.
Revocation
of license. If the above conditions and regulations are not complied
with the license shall be revoked, provided that nothing herein shall
apply to chickens or other poultry confined in coops in regular licensed
markets or stores for the sale, slaughter and plucking of poultry.
J.
Revocation
due to environmental changes. Whenever, in the opinion of the Department
of Health, the environment in an area has changed since granting the
license to keep and maintain chickens therein to such an extent that
the maintenance thereof may constitute a nuisance, such license may
be revoked by the Health Officer.
K.
Procedure
for revocation or suspension; hearing. The Health Officer and/or other
appropriate personnel are hereby empowered to suspend or revoke the
license held by any person who violates any of the provisions of this
section. No license shall be suspended or revoked until after a court
hearing.
[Amended 12-9-1991 by Ord. No. 1,040, effective 3-29-1992]
A.
No person shall keep, raise, breed or sell any rabbits, guinea pigs,
hares or similar animals for commercial purposes in the Borough without
obtaining a permit for that purpose from the Department of Health,
and no such rabbits, guinea pigs, hares or similar animals shall be
kept less than 20 feet away from the doors or windows of any building
in the Borough occupied by human beings, whether for dwelling or business
purposes, or within 30 feet of any street or lot line.
[Amended 12-9-1991 by Ord. No. 1,040, effective 3-29-1992]
C.
No person shall keep, raise, breed or sell any mink or chinchilla
in the Borough.
D.
All small animals and poultry shall be kept in a suitable shelter
or coop. Such shelter or coop must be kept thoroughly clean at all
times and open for inspection at reasonable hours by the Department
of Health or as its inspectors shall require.
E.
No person shall engage in the business of slaughtering, killing or
dressing poultry or small animals in the Borough; except, however,
that farmers shall be permitted to engage in such activity on a retail
basis not prohibited by other Borough ordinances.
F.
Any and all permits for the keeping or slaughtering of cattle, poultry,
dogs or small animals granted by the Department under this article
may be revoked at the discretion of the Department if any person holding
such permit or any of his employees, servants or agents shall violate
any of the provisions of this article or rules and regulations of
the Department concerning the keeping or slaughtering of cattle, poultry,
dogs or small animals or the cleansing and purification of the premises
or places where cattle, poultry, dogs or small animals are kept or
slaughtered.
