[Adopted 7-21-2014 by Ord. No. 971]
The following definitions shall apply to the words and phrases
used in this article:
A person who has applied for a residential chicken permit.
Each such person must be a resident and/or property owner within the
Borough of Pleasant Hills.
The form approved by the Borough Manager and/or the Zoning
Officer of the Borough of Pleasant Hills for the erection or construction
of a permit for the keeping of chickens and/or the application for
a residential chicken permit.
Poultry or fowl of the species Gallus domesticus/G.gallus
domesticus. The species includes many different breeds of chicken.
A structure for sheltering of female (pullets or hens) chickens.
An existing shed or garage may be used for this purpose, provided
that it meets the standards for chicken coops set forth in this article.
A chicken coop shall be considered an accessory structure, which may
require a separate permit(s). Such permits shall only be used to house
female chickens and not roosters, as the early morning noise a rooster
makes is recognized to be a nuisance.
An enclosure that is connected to or surrounding a chicken
coop for the purpose of allowing chickens to leave the coop while
remaining in an enclosed predator-safe environment. The purpose of
the pen shall be to allow the chickens to move about in a controlled
environment.
A lessee or tenant of a residential dwelling who has received
a residential chicken permit in conjunction with the property owner
for the keeping of chickens.
A house, apartment building or other structure designed or
used primarily for human habitation. The word "dwelling" shall not
include boardinghouses or rooming houses, hotels, motels, tents, trailers,
or any structure designed or used for transient business.
A residential property owner who has received a residential
chicken permit for the keeping of chickens.
A permit issued under the provisions of this article for
the keeping of chickens as accessory to the primary residential use
of a property.
After the effective date of this article, those property owners who have previously obtained a permit for a chicken coop and who currently have chickens may continue to house up to six chickens on their property. The ability to house up to six chickens shall only apply to those property owners who lawfully obtained a permit for the construction of a chicken coop on their property and obtain a residential chicken permit as described in § 150-32 of this article. Therefore, any resident who desires to continue to keep up to six chickens must obtain these permits prior to the effective date of this article. If the permits are not obtained by that time, no chickens shall be housed at any residential property within the Borough of Pleasant Hills, and it is hereby recognized that chickens are farm animals and prohibited in residential neighborhoods except as described herein.
For the purposes of this article, only female (pullets or hens)
chickens are permitted. Roosters are expressly prohibited from being
kept in the Borough of Pleasant Hills as the early morning noises
roosters make are hereby recognized to be a nuisance.
The keeping of chickens, in accordance with the standards of
this article, shall only be permitted at a property on which a residential
dwelling is the primary use, and the keeping of chickens shall be
considered a use accessory to the residential use. Chickens shall
not be housed or kept in any zoning district except where the permits
described herein were first lawfully obtained. If the necessary permits
are not obtained by the date of enactment of this article, it shall
be illegal to house any chickens in the Borough of Pleasant Hills.
The following items generated by or kept as a result of the
keeping of chickens shall not be offered for sale or sold within the
Borough of Pleasant Hills:
A.Â
Eggs, chicks or chickens;
B.Â
Chicken manure or compost containing chicken manure; and
C.Â
Produce which has been grown in an accessory garden fertilized with
chicken manure or compost. The sale of eggs or other farm products
from a residential home is expressly prohibited and a violation of
this article.
A.Â
Chickens shall be housed in a chicken coop which has access to a
chicken pen. From dusk to dawn, chickens shall be secured in the chicken
coop.
B.Â
Construction and design of chicken coop. The chicken coop shall comply
with all applicable setback requirements for residential accessory
uses and structures. The setback requirements that apply to sheds
shall also apply to chicken coops, and no chicken coops shall be erected
any closer to the property line than a shed or accessory structure
is permitted to be placed. The coop shall be stationary, enclosed
with solid material on all sides and have a solid roof and door(s).
The coop shall be at least 18 inches high and provide at least 2.5
square feet of floor area per chicken. The coop shall provide no less
than one square foot of window per coop, with at least one square
foot of window per 15 square feet of floor. In addition, the coop
shall provide vents as necessary to ensure adequate ventilation. The
materials for each element (walls, roof, windows and doors) shall
be uniform and blend with the surrounding area. Doors shall be constructed
so that they can close and lock. Windows shall be constructed so they
can close. Windows and vents shall be covered with wire mesh with
a maximum spacing of one inch by one inch. The coop shall be impermeable
to rodents, wild birds, dogs, cats, and other predators. The coop
shall provide adequate shelter from moisture and extremes of temperatures.
Existing accessory structures may be used as chicken coops, provided
they meet the standards set forth herein.
C.Â
Construction and design of chicken pen. The chicken pen shall be
constructed of wood or metal posts with wire mesh fencing material
(wire mesh with a maximum spacing of one inch by one inch). The pen
shall contain at least 10 square feet of area per chicken. The fence
shall rise at least four feet above the ground and be buried at least
one foot below the ground. The pen shall be covered with wire mesh,
aviary netting or solid roofing. The pen shall serve as an area for
the chickens to run, yet prevent the chickens from running loose or
becoming a nuisance. Chickens that are permitted to run loose shall
be considered a violation of this article.
D.Â
Maintenance of chicken coop, chicken pen and surrounding area. The
chicken coop, chicken pen and surrounding area shall be kept clean,
dry and odor-free, and in a neat and sanitary condition at all times.
All manure, uneaten feed and other trash shall be removed in a timely
manner and disposed of by using an approved sanitary method, including
composting or double bagging manure and placing the manure in the
trash for collection. Under no circumstances shall chicken manure
be placed into the sanitary sewer system. The permittee and co-permittee
shall take any and all necessary action(s) to reduce the attraction
of predators and rodents and the potential infestation of insects
and parasites. Slaughter of chickens is permitted. If a chicken dies
it shall be disposed of in accordance with the Domestic Animal Law,
3 Pa.C.S.A. § 2301 et seq., as may be amended.
E.Â
Living conditions. Chickens shall have access to feed and clean water
at all times, and such feed and water shall be inaccessible to rodents,
wild birds and predators. Chickens shall be provided adequate bedding
in the coop, and perches are encouraged.
A.Â
Any person who keeps chickens in the Borough of Pleasant Hills as
an accessory to a residential use must first obtain a residential
chicken permit from the Borough prior to acquiring the chicken(s)
and/or constructing the coop or pen. All applicable permits for the
accessory structure (i.e., the coop) must also be obtained. Every
Borough resident who currently has chickens must apply for and be
approved for a permit in order to keep the chickens they currently
have, with up to a maximum of six chickens. The residential chicken
permit application shall be on a form established by the Borough Manager
and/or Zoning Officer and may be amended from time to time. If the
Zoning Officer or designee determines that the residential chicken
permit application is administratively complete, the Zoning Officer
will issue a conditional approval of the residential chicken permit
application. After the applicant receives conditional approval, the
applicant must notify the Zoning Officer when the chicken coop and
chicken pen have been placed on the subject property and are ready
for inspection. If, upon inspection, the Zoning Officer or his/her
designee determines that the chickens will be kept in compliance with
the requirements of this article, a final residential chicken permit
shall be issued to the applicant. All permit applications must be
filed with the Borough no later than the effective date of this article.
Following the effective date of this article, it shall be a violation
of this article to obtain or house chickens in the Borough of Pleasant
Hills, except those individuals who previously obtained the necessary
permit to house up to six chickens.
B.Â
Residential chicken permits shall only be valid for three years after
the date of issuance. A permittee and/or co-permittee who wishes to
continue keeping chickens shall apply for a new residential chicken
permit on or before the expiration date of the previous residential
chicken permit. Applications for a new residential chicken permit
shall be reviewed in accordance with the procedures and requirements
that are applicable at the time the person applies for a new residential
chicken permit. An inspection by the Borough will be required prior
to the residential chicken permit renewal, to ensure compliance with
the provisions of this article, which inspection is a condition precedent
to the issuance of a new residential chicken permit.
C.Â
Notwithstanding the issuance of a residential chicken permit by the
Borough, private restrictions on the use of land/property shall remain
enforceable as provided by law, and the Borough's issuance of
a residential chicken permit does not remove or supersede private
restrictions in effect. No person shall make application for a residential
chicken permit who knows, or has reason to know, that private restrictions
prohibit the keeping of chickens. Private restrictions include but
are not limited to: rental contracts, deed restrictions, condominium
master deed restrictions, neighborhood associations' bylaws,
and covenant deeds. A residential chicken permit issued to a person
whose property is subject to private restrictions that prohibit the
keeping of chickens is void. The interpretation and enforcement of
the private restriction is the sole responsibility of the private
parties involved.
A.Â
A residential chicken permit application shall be submitted on the
form established by the Borough Manager and/or Zoning Officer and
at a minimum shall contain the following information:
(1)Â
A notarized signature of the landowner of the subject property;
(2)Â
The notarized signature of any lessee or tenant who will be responsible
for the keeping of chickens (co-permittee);
(3)Â
The address of the subject property;
(4)Â
A verification that, to the owner's knowledge, there is no private
restriction against the keeping of chickens;
(5)Â
A verification that the applicant is familiar with and agrees to
be bound by the requirements set forth in this article for the keeping
of chickens.
B.Â
The Borough Council shall from time to time establish by resolution
an application fee for the residential chicken permit application
for the keeping of chickens. The application shall be accompanied
by the applicable fee, and the application will not be processed until
the fee has been paid. The initial fee for the application is set
at $50. Thereafter, the application fee may be amended from time to
time at the discretion of Borough Council. The amount of the application
fee will be included in the Fee Resolution that is adopted by Borough
Council.
C.Â
A separate permit may be required for all accessory structures associated
with the keeping of chickens, and no such structure may be erected
without the permit for the accessory structure first being obtained.
A person engaged in the keeping of chickens on his/her property
shall comply with all of the following:
A.Â
Such person shall have been issued the residential chicken permit
required under this article.
B.Â
Such person shall keep no more than six female chickens.
C.Â
The principal use of the property must remain as a residential dwelling.
D.Â
No person shall keep a rooster(s).
E.Â
The chickens shall at all times be provided a chicken coop and chicken
pen in accordance with this article.
F.Â
A person shall not keep chickens in any location on the property
other than the rear yard. For the purpose of this article, "rear yard"
means that portion of a lot enclosed by the property's rear lot
line and the side lot lines to the points where the side lot lines
intersect with an imaginary line established by the rear of the single-family
structure and extending to the side lot lines.
G.Â
Notwithstanding the applicable residential accessory setbacks, the
chicken coop and chicken pen shall be located no closer than 30 feet
to any residential structure on an adjacent property. For the purposes
of this section, "adjacent property" means all parcels of property
that the applicant's property comes into contact with at one
or more points, except for parcels that are legally adjacent to, but
are in fact separated from, the applicant's property by a public
or private street.
H.Â
All feed and other items associated with the keeping of chickens
that are likely to attract or to become infested with or infected
by rats, mice, or other rodents shall be protected so as to prevent
rats, mice, or other rodents from gaining access to or coming into
contact with them.
I.Â
If the above requirements or any other requirements of this article
are not complied with, the Code Enforcement Officer and/or Zoning
Officer may revoke any permit granted under this article and/or initiate
appropriate actions at law or equity to abate or restrain the violation.
J.Â
A person who has been issued a residential chicken permit shall make
such permit available for examination upon demand by any police officer,
the Code Enforcement Officer, the Zoning Officer, the Borough Manager
or any other employees of the Borough of Pleasant Hills.
K.Â
Permittees and co-permittees shall be jointly and severally liable
for compliance with the provisions of this Code.
A.Â
Compliance with the requirements of this article shall create a presumption
that the permitted keeping of chickens does not create a public nuisance
or threat to public health or safety under the nuisance provisions
of this Code.[1] The residential chicken permit shall, however, be revoked
if the Code Enforcement Officer or Zoning Officer, in his/her sole
discretion, determines that the permittee or co-permittee is in violation
of this article.
B.Â
Violation of the provisions of this article shall result in the revocation
of the permit and may result in the initiation of the enforcement
proceedings and the assessment of the penalties described herein.
C.Â
Misrepresentation by a permittee or co-permittee shall result in
the subject permit being revoked, voided, or denied.
D.Â
If a violation of this article occurs, the Zoning Officer is authorized
to order the immediate removal of all disposable items associated
with the keeping of chickens. Stationary structures associated with
the keeping of chickens may remain, provided the structure is not
creating a nuisance and is not in violation of any provision of the
Code of the Borough of Pleasant Hills.
E.Â
Any permittee or co-permittee who has a residential chicken permit
revoked, removed, or voided will not be eligible for consideration
for another residential chicken permit in the future.
If the applicant obtained the residential chicken permit through
misrepresentation, fraud, or forgery, the permit shall automatically
become null and void. Such a determination shall be made by the Zoning
Officer, and the determination of the Zoning Officer shall be considered
final.
The permitted keeping of chickens shall be conducted in a manner that does not disturb the use or enjoyment of adjacent properties. Odor generated by the chickens shall not be perceptible at the property boundaries, and noise generated by the chickens shall not disturb people of reasonable sensitivity at the property boundaries. A permittee or co-permittee shall not, under any circumstance, keep chickens in a manner which constitutes a public nuisance or results in a violation of Chapter 247 or 248 of the Borough Code of the Borough of Pleasant Hills or any other ordinance or law of the Commonwealth of Pennsylvania.
If any applicant, permittee, co-permittee, or landowner adjacent
to a permitted chicken coop or chicken pen is aggrieved by the determination
of the Zoning Officer or his/her designee or the Code Enforcement
Officer, such aggrieved person may appeal the determination to the
Borough Council of the Borough of Pleasant Hills. The appeal shall
be in writing and must be received at the Borough office no later
than 20 days from the date of the determination of which such person(s)
are aggrieved. A timely appeal shall stay any order to remove chickens
until the determination of the appeal, unless the order specifies
that it was issued due to the keeping of chickens causing an immediate
public health or safety hazard. The written appeal must describe in
detail the reason for appeal. The Borough Council may then notify
the aggrieved person of when the matter will be considered by Council
at a public meeting. Any decision of Council shall be final and binding.
A.Â
Any violation of this article may result in an 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 violation 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 of this article which is found
to have been violated.
B.Â
This article may be enforced through an action in equity brought
in the Court of Common Pleas of Allegheny County.
C.Â
Any person found guilty of violating this article may be assessed
court costs and reasonable attorney fees incurred by the Borough in
the enforcement proceedings brought in accordance with this article.
The provisions of this article shall become effective 30 days
from the date of enactment by the Borough Council of the Borough of
Pleasant Hills. Property owners who wish to house chickens must apply
for the residential chicken permit and/or obtain approval for the
chicken coop as described herein to lawfully continue to house chickens
after the effective date of this article. Following the effective
date of this article, no new permits shall be issued, and only those
property owners who obtained the necessary permits by the effective
date of this article shall thereafter be permitted to house chickens
in the Borough of Pleasant Hills.