[Ord. 868, 6/19/1996, § 1; as amended by Ord. 1039,
6/19/2013, § 1]
All kinds of animals may be maintained within the Borough of Forest Hills for noncommercial purposes provided such maintenance is not in violation of any federal, state and/or county law, rule and/or regulation except equine animals, bovine animals, sheep, goats, porcine (pigs), fowl and poultry may not be maintained within the Borough of Forest Hills, except that chickens which meet the requirements of § 2-311 herein may be maintained within the Borough.
[Ord. 868, 6/19/1996, § 2; as amended by Ord. 976,
1/16/2008]
Animals ferae naturae (wild animals) may be maintained only
indoors and only if at all times contained in secure cages under conditions
which are generally recognized by wildlife authorities as humane.
Before such animals are brought into the Borough, a permit must be
secured from Chief of Police certifying that the proposed cage is
adequate to properly contain the wild animal desired and that the
conditions under which it is to be maintained are humane under the
aforesaid standard. The Chief shall report the planned maintenance
of such animal to the Pennsylvania Game Commission. A fee in an amount
as established from time to time by resolution of Borough Council
shall be paid to the Borough before such permit will be issued.
[Ord. 868, 6/19/1996, § 3]
No person shall ride or drive any animal or operate any animal
drawn conveyance on any street or sidewalk within the Borough except
in a parade or other special event and pursuant to a permit issued
by the Chief of Police.
[Ord. 868, 6/19/1996, § 4; as amended by Ord. 976,
1/16/2008]
It shall be unlawful to own, possess, harbor, control or keep
any animal or bird which makes such noise continuously and/or repeatedly
for a period of at least 15 minutes to the disturbance of any person
any time of the day or night regardless of whether the animal or bird
is physically situated in or upon private property, said noise being
a nuisance; provided, that at the time the animal or bird is making
such noise no person is trespassing or threatening to trespass upon
private property in or upon which the animal or bird is situated nor
is there any other legitimate cause which justifiably provoked the
animal or bird.
[Ord. 868, 6/19/1996, § 5]
The owner or person having custody or possession of any pet
or any other animal shall not permit that pet or animal to defecate
on any property not owned or leased by the owner or person having
custody or possession of such pet or animal, unless such defecation
is removed immediately and subsequently disposed of in a toilet or
in a nonleaking container for deposit in a trash or litter receptacle.
[Ord. 868, 6/19/1996, § 6; as amended by Ord. 1039,
6/19/2013, § 2]
No residence shall contain at any one time more than two dogs,
two cats or any combination thereof; or two of any other caged or
uncaged animals, unless otherwise permitted herein. This limit shall
not include litters of young which have not yet been weaned or which
have been weaned for fewer than six weeks. There shall be no limit
on the number of fish which any residence may maintain.
[Ord. 868, 6/19/1996, § 7; as amended by Ord. 976,
1/16/2008]
1.
Any person lawfully owning more than the number of animals specified
in § 2-206 at the time of the effective date of this Part
may retain the animals provided he/she obtains a special permit from
the Chief of Police within 60 days from the effective date of this
Part. A fee in an amount as established from time to time by resolution
of Borough Council per household shall be paid to the Borough before
such permit will be issued. If for any reason any animal covered by
the permit is lost, sold, given away or dies no replacement of that
animal shall be allowed if such a replacement would be in violation
of the limitations specified in § 2-206. The special permit
shall be issued only after an inspection determines that:
[Ord. 868, 6/19/1996, § 8]
Every keeper of any animal shall cause the litter and droppings
therefrom to be collected daily in a container or receptacle that
when closed shall be rat-proof and fly-tight, and after every such
collection shall cause such container or receptacle to be kept closed.
At least once a week, every such keeper shall cause all litter and
droppings so collected to be disposed of in such manner as not to
permit the presence of fly larvae.
[Ord. 868, 6/19/1996, § 9]
All animals which are capable of contracting rabies shall be
vaccinated against rabies by licensed veterinarian in accordance with
the recommendations for immunization published by the National Association
of Public Health veterinarians which are incorporated herein by this
reference thereto. Any animal may be exempted from the vaccination
requirement for a specified period upon possession of the owner of
a veterinarian's certificate stating that because of an infirmity
or other physical condition, the inoculation is not medically appropriate.
[Ord. 868, 6/19/1996, § 10; as amended by Ord.
1039, 6/19/2013, § 3]
1.
Beekeeping. It shall be unlawful to keep any bees in the Borough
except as provided herein.
2.
AFRICANIZED HONEYBEE
APIARY
BEE
BEE DISEASE
BEEKEEPER
BEST MANAGEMENT PRACTICES
COLONY
DEPARTMENT
FLYWAY
HIVE
Definitions. As used in this section, all terms shall be defined
in the manner set forth in § 2102 of the Pennsylvania Bee
Law, 3 Pa.C.S.A. § 2102, as amended, unless a different
definition is stated below or a different meaning clearly appears
from the context:
Hybrids of the African honeybee with various European honeybees
that are aggressive compared to the European subspecies.
Any place where one or more colonies or nuclei of bees are
kept.
Any stage of the common hive or honeybee (Apis mellifera)
or other species of the genus Apis.
Any American or European foul brood, sac brood, bee paralysis
or other disease or abnormal condition of eggs, larval, pupal or adult
stages of the honeybee.
An owner of an apiary or a person who has charge of an apiary
or one or more colonies of bees in the Borough.
The policies, procedures, and methods contained in the Pennsylvania
Department of Agriculture's compliance agreement for beekeepers.
An aggregate of bees consisting principally of workers, but
having, when perfect, one queen and at times many drones.
The Pennsylvania Department of Agriculture.
A barrier composed of dense vegetation or man-made materials
which direct the bees quickly into the sky.
Any frame hive, box hive, box, barrel, log, gum, skep or
other receptacle or container, natural or artificial, or any part
thereof, which may be used or employed by a beekeeper as a domicile
for bees which are expected to establish a permanent nest.
3.
Registration, Certification, and Permits.
A.
No beekeeper may own or maintain an apiary within the Borough without
first registering all apiaries with the Department as required by
the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq., as
amended.
B.
No beekeeper may own or maintain an apiary within the Borough without
first obtaining a best management certification from the Department
and executing the Department's compliance agreement for beekeepers.
A beekeeper owning or maintaining an apiary in the Borough shall promptly
notify the Borough Zoning Officer without unnecessary delay, and in
no event longer than 48 hours, if the Department revokes said beekeeper's
best management certification.
C.
No beekeeper may own or maintain an apiary within the Borough without first obtaining an annual permit from the Borough Zoning Officer. An application for an annual permit shall be made in writing and upon such form or in such format as established by the Borough, and shall be accompanied by the prescribed permit fee in the amount established from time to time by resolution of Borough Council. The application shall be accompanied by a lot plan that includes the size of the lot, the location and number of hives, the location of each water source, the distance of the hives from the property lines, and, if required, the location of any flyway barriers. The application shall also be accompanied by written evidence that the applicant has completed a certified beekeeping educational program. The issuance of a zoning permit shall not obviate the necessity for compliance with all other Borough ordinances, including, but not limited to, Chapter 27 of the Forest Hills Borough Code of Ordinances, "Zoning," or, if applicable, Chapter 5 of the Forest Hills Borough Code of Ordinance, "Code Enforcement."
D.
Non-property owners that wish to own or maintain an apiary on property
that the non-property owner is renting must include written permission
from the property owner or landlord that explicitly indicates that
the non-property owner has permission to own or maintain an apiary
on the subject property. Such written permission shall be supplied
to the Borough as part of the annual bee keeping permit application.
4.
Maximum Number of Colonies. For property with a minimum of 2,000
square feet of lot area, a beekeeper is permitted to keep two hives.
For every additional 2,000 square feet of lot area, the beekeeper
is permitted two additional hives.
5.
Hive Type. No beekeeper shall keep or maintain bees in any hive other
than a modern movable frame hive which permits thorough examination
of every comb to determine the presence of bee disease.
6.
Location of Hives. Location of hives must comply with the following
criteria:
7.
Hive Orientation. Hive entrances shall face away from neighboring
property and in such a direction that bees fly across the beekeeper's
property at sufficient distance to gain a height of at least six feet
at the property line. The use of barriers may be employed to redirect
the bees' flight pathway and establish bee flight pathways above six
feet. Should the flight path not be able to be obtained as described
above, then a "flyway barrier" shall be placed at least six feet in
height, shall be placed along the side of the hive(s) that contains
the entrance to the hive(s), shall be located within five feet of
the hive(s), and shall extend at least two feet on either side of
the hive(s). A "flyway barrier" shall consist of a solid fence, dense
vegetation, dense hedge, or combination thereof. No flyway is required
for hives that are located on porches or balconies at least 10 feet
above grade, except where such porch or balcony is located less than
five feet from a property line.
8.
Water. All beekeepers in the Borough shall ensure that a convenient
source of fresh water is available to the bees from April 1 through
November 1 each year and is located closer to the apiary than any
other water source.
9.
Best Management Practices. All beekeepers owning or maintaining an
apiary in the Borough shall practice those best management practices
as set forth by the Department.
10.
Maintenance. All beekeepers shall ensure that no bee comb or other
materials are left upon the ground of the apiary site. Upon removal
from the apiary, all such materials shall promptly be disposed of
in a sealed container or placed within a building or other bee-proof
enclosure.
11.
Inspection. The Borough, the Department and any apiary inspector
appointed by the Borough shall have free access, ingress, and egress
to and from any apiary, premises, building, or other place, public
or private, in which bees, wax, honey, hives, or appliances may be
kept or stored. No person shall deny any such access or hinder or
resist an inspection.
12.
Nuisance. It shall be unlawful for any beekeeper to keep any hive
in such a manner as to cause any unhealthy condition, interfere with
the normal use and enjoyment of human or animal life, or interfere
with the normal use and enjoyment of the properties surrounding the
property on which the bees are kept. The Borough, with or without
the guidance of an apiary inspector, may seize and/or destroy the
hives or bee receptacles that are a public nuisance pursuant to this
part without remuneration to the beekeeper. By way of example and
not of limitation, the following activities are hereby declared to
be a public nuisance and are, therefore, unlawful:
A.
Multiple bees stinging, attacking, or otherwise molesting others,
including pedestrians, bicyclists, motor vehicle passengers, or domestic
animals.
B.
The use of apiaries or receptacles for bees that does not comply with Subsection 5 of this section.
C.
Hive placement and related bee movement such that the bees, without
provocation, interfere with the freedom of movement of persons in
a public right-of-way, or the location of bees pose a threat to the
general safety, health, and welfare of the general public.
D.
The keeping of overcrowded, bee diseased or abandoned hives.
13.
Prohibitions. Africanized honeybees may not be kept on any property
in the Borough.
14.
Sale of Honey. The sale of honey must comply with state and federal
laws and regulations.
[Ord. 868, 6/19/1996; as added by Ord. 1039, 6/19/2013, § 4]
1.
Chickens Permitted; Roosters Prohibited.
A.
No residence shall contain at any one time more than four hens over
the age of one month.
(1)
In the case of two-family dwellings, conversion dwellings, or
multi-family dwellings without individually owned backyards, the maximum
number of hens allowed is four per property.
B.
Chickens shall be permitted only in the R-1, R-2 and R-3 Zoning Districts.
C.
No person shall keep or harbor any rooster within the Borough.
2.
CHICKEN RUN
COOP
Definitions.
An enclosed area in which chickens are allowed to walk and
run about.
A small building for housing poultry.
3.
Permits.
A.
No person may own, keep, or harbor any chickens within the Borough
without first obtaining a permit from the Borough Zoning Officer.
An application for a permit shall be made in writing and on such forms
or in such format as established by the Borough, and shall be accompanied
by the prescribed permit fee in the amount established from time to
time by resolution of Borough Council.
B.
No person shall erect, alter, relocate, or expand a coop without first obtaining a zoning permit from the Borough Zoning Officer. The issuance of a zoning permit shall not obviate the necessity for compliance with all other Borough ordinances, including, but not limited to, Chapter 27 of the Forest Hills Borough Code of Ordinances, "Zoning," or, if applicable, Chapter 5 of the Forest Hills Borough Code of Ordinances, "Code Enforcement." Non-property owners that wish to keep chickens on property that the non-property owner is renting must include written permission from the property owner or landlord that explicitly indicates that the non-property owner has permission to own chickens on the subject property. Such written permission shall be supplied to the Borough as part of the annual chicken permit application.
4.
Coops. All chickens must be kept in a coop, chicken run, or fenced
area at all times. During daylight hours, chickens may have access
to outdoors via a chicken run. Chickens may also be allowed in a securely
fenced yard if supervised so that they cannot stray beyond the premises
on which they are secured. The chickens shall be secured within the
coop during non-daylight hours.
A.
Coops and chicken runs shall be located at least 25 feet away from
a doorway, opening or window of an occupied dwelling other than that
of the property owner.
B.
The minimum coop shall be solid, vermin and predator proof and shall
provide at least three square feet of area per chicken.
C.
The chicken run shall be adequately fenced to contain the chickens
on the property and to prevent predators from gaining access to the
chicken run.
D.
Coops 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. Openings,
windows, and vents must be covered with vermin, predator and bird-proof
wire of 1/2-inch hardware cloth.
(1)
Materials used for making a coop shall be uniform for each element
of the enclosure such that the walls are made of the same material,
the roof has the same shingles or other covering, and any windows
or opening are constructed using the same materials. The use of scrap,
waste board, or similar material is prohibited.
(2)
The coop shall be painted or stained; the color shall be uniform
around the coop and shall be in harmony with the surrounding area.
E.
Coops and chicken runs shall be designed to provide safe and healthy
living conditions for the chickens and shall provide shade in the
warm weather, suitable protection from inclement weather, and adequate
ventilation.
F.
Coops and chicken runs shall be kept in good repair and must be capable
of being maintained in a clean and sanitary condition, free of vermin
and obnoxious odors.
G.
Coops and chicken runs must reasonably prevent the chickens from
running at large. Chickens will be considered running at large within
the meaning of this section when off the permit holder's premises.
H.
Coops and chicken runs shall be open at all times for inspection
by the Borough.
5.
Feed and Water. Chickens shall be provided with access to feed and
clean water at all times. All feed, water, and other such items associated
with the keeping of chickens shall be properly stored in a clean and
sanitary manner so as to prevent the infestation of rats, mice, or
other rodents or vectors.
6.
Nuisance. No person shall keep or harbor chickens in the Borough
in a manner that creates an offensive odor, excessive noise, or unsanitary
conditions which disturb neighboring residences or threatens public
health. Chickens running at large shall be considered a public nuisance.
7.
Veterinary Care. All chickens shall be afforded veterinary care if
they are known or suspected to be sick or injured.
8.
Slaughtering. No person shall slaughter or butcher any chicken within
the Borough.
9.
Waste Storing and Removal. All chicken droppings shall be disposed of pursuant to § 2-308 of this Part.
10.
Composting. 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.
11.
Sale of Chicken Parts or Eggs. Any sale of chicken parts or eggs
must comply with state and federal laws and regulations.
[Ord. 868, 6/19/1996, § 11; as amended by Ord.
1039, 6/19/2013, § 5]
The parent or guardian of any minor claiming ownership of any
animal shall be deemed the owner of such animal and shall be liable
for any penalties under this Part and shall be liable to third parties,
as allowed by law, for any acts of such animal.
[Ord. 868, 6/19/1996; as added by Ord. 976, 1/16/2008; and
by Ord. 1039, 6/19/2013, § 6]
The duty of administrating and enforcing the provisions of this
Part is hereby conferred upon the Borough Police Department, animal
control officer, or upon such other person as may be designated by
the Borough Manager, and enforcement actions shall be initiated by
the issuance of a nontraffic citation for any violation of this Part.
[Ord. 868, 6/19/1996; as added by Ord. 976, 1/16/2008; and
as amended by Ord. 1039, 6/19/2013, § 7]
Any person who observes a pet depositing waste or committing
a nuisance upon the premises of a person other than its owner may
file with the magisterial district judge a signed complaint, under
oath, specifying the objectionable conduct of the pet, the date thereof,
the description of the pet, and the name and residence of the owner
or other person harboring said pet.
[Ord. 868, 6/19/1996, § 12; as amended by Ord.
976, 1/16/2008; and by Ord. 1039, 6/19/2013, § 8]
1.
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with this Chapter 1 of this Code.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
