[HISTORY: Adopted by the Borough Council of the Borough of
Lemoyne as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 370.
[Adopted 2-1-1990 by Ord.
No. 589 (Ch. 2, Part 1, of the 1984 Code of Ordinances)]
The following definitions shall apply in the interpretation
and enforcement of this article:
To be construed in a broad sense to include all species of
living organisms not including plant organisms nor Homo sapiens, and
including but not necessarily limited to mammals, birds, fish, reptiles,
amphibians and insects.
Without interruption, or intermittently with interruptions
equal to or less than five minutes.
Any person holding title (whether or not by bill of sale
or other indicia of ownership) of an animal, or a person possessing,
harboring or taking care of an animal.
Any individual, partnership, association, corporation, estate
or trust, as well as any officer, agent, servant, employee or other
acting for any of the same.
Any property owned or occupied by an animal owner in which
an animal is maintained, kept or cared for.
[Amended 7-20-2023 by Ord. No. 780]
Any person is permitted to maintain, keep or possess within
the Borough of Lemoyne, any of the following animals, which classification
shall be strictly construed:
A.
Cage birds (the term includes parakeets, parrots, canaries, finches,
love birds, myna birds and other birds ordinarily sold in pet stores
and kept in cages in households; it excludes wild birds captured or
rescued and kept in cages).
B.
Cats, domesticated.
D.
Dogs, domesticated.
E.
Ferrets.
F.
Frogs, nonpoisonous.
G.
Gerbils.
H.
Goldfish and carp.
I.
Guinea pigs.
J.
Hamsters.
K.
Lizards.
L.
Mice, white.
M.
Rabbits.
N.
Rats, white.
O.
Salamanders and other tailed amphibians.
P.
Snakes, nonpoisonous and nonconstricting.
Q.
Toads, nonpoisonous.
R.
Tropical fish, except piranha.
S.
Turtles.
[Amended 7-20-2023 by Ord. No. 780]
A.
No person shall maintain, keep or possess within the Borough of Lemoyne any animal not specifically enumerated in § 146-2.
B.
Animals commonly kept only as farm animals, including but not limited
to cows, goats, horses, poultry, sheep and swine are permitted only
in zoning districts allowing agricultural uses.
An owner shall comply with the following regulations:
A.
All animals and animal quarters shall be kept in a clean and sanitary
condition. Adequate ventilation for the animal shall be provided.
B.
An owner shall not cause or allow an animal to be teased, abused,
mistreated, annoyed, tormented or made to suffer.
C.
An owner shall not cause or permit odors attributable to any animal
to be perceptible beyond his premises.
D.
An owner shall provide adequate provision and safeguards to control
the animal to the extent that the animal does not cause injury to
other property or another person. A showing that the animal was not
under the control of the owner while said animal damages another's
property or causes injury to another person shall be prima facie a
violation of this provision by the owner.
E.
Every person shall conform to all present and future laws of the
Commonwealth of Pennsylvania and the United States of America and
other ordinances of the Borough of Lemoyne in any way connected with
animals, specifically but not exclusively including anticruelty laws.
F.
An owner shall not permit the animal to continuously bark, whine
or howl to the extent that is perceptible beyond the owner's property
for a period of more than 15 minutes between the hours of 10:00 p.m.
and 7:00 a.m., prevailing time, or a period of 30 minutes at other
times.
No owner shall cause, suffer or allow the animal to soil, defecate
or urinate on any sidewalk, play area, park or any place where people
congregate or walk or on any public property whatsoever, or on any
private property without the permission of the owner of said property.
This restriction shall not apply to that portion of the street lying
between the curblines in any common thoroughfare, passageway or alley,
which shall be used to curb such animal under the following conditions:
The police officers of the Borough of Lemoyne and officers who
may enforce building codes in the Borough of Lemoyne are hereby authorized
to enter upon any premises within the Borough for the purpose of investigating
a possible violation of this article.
Any person who violates any provision of this article shall be liable for each offense, upon conviction, to a fine of not less than $25 nor more than $1,000, together with the costs of prosecution, or to imprisonment in the county jail for a period not to exceed 30 days, or both. Each day's failure to comply with any section or subsection of this article shall constitute a separate violation. Violation, enforcement and conviction of one provision of this article does not preclude violation, enforcement and conviction of another provision, except that no owner may be prosecuted twice for a single incident causing discrete damage to property under Subsection D of § 146-4.
In addition to other penalties provided in this article, the
Borough of Lemoyne may institute any appropriate action or proceeding,
whether by legal process or otherwise, to restrain, correct or abate
a continuing violation of any provision of this chapter.
[Adopted 7-20-2023 by Ord. No. 780]
The following words and phrases when used in this article shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
The Borough Council of Lemoyne.
Female poultry of the gallus domesticus species, sometimes
referred to as hens.
An official designated to process permit applications, inspect
locations to ensure compliance with this article, issue citations
to violators, and enforce penalties for violations of this article
on behalf of the Borough of Lemoyne.
An enclosed structure, either portable or permanent, to shelter
chickens.
A fenced area sometimes called a run, that is designed to
contain animals to a restricted area and prevent animals from roaming
at large.
The person to whom a permit under this article is issued.
The premises for which a permit is being requested under
this article.
The person who owns the land where the keeping is being performed
and for which the permit is being requested. This person bears responsibility
for any legal action in this article.
The typical time for a letter to arrive by mail. For this
article the typical time is three days of mail delivery from the day
the letter was mailed. Notice in person is receipt of notice.
Male poultry.
A veterinarian who cares for the specific animal type.
The natural waste produced by keeping activity, which may
include feces, soiled hay or bedding. It does not include the carcass
of any animal.
C.
Number. The maximum number of chickens allowed is four per residential
lot.
E.
Coops.
(1)
Coops shall at all times:
(a)
Provide at least two square feet of area of horizontal footprint
space per chicken.
(b)
Be well-maintained and made of weather-resistant material.
(c)
Not be made of fabric, junk, or deteriorated material.
(d)
Have a solid waterproof roof.
(e)
Be solid on all sides.
(f)
Have adequate ventilation.
(g)
Provide the chickens protection from predators.
(h)
Be designed to secure the chickens.
(i)
Be readily accessible for cleaning.
(j)
Not be greater than eight feet in height.
F.
Pens.
(1)
Pens shall at all times:
(a)
Provide at least eight square feet of area per chicken.
(b)
Be well-maintained and made of weather-resistant material.
(c)
Not be made of fabric, junk, or deteriorated material.
(d)
Be constructed in a way to prevent chickens from roaming free
and keep predators from getting into the pen.
(e)
Be accessible by the hens from their coop when they are not
secured in the coop.
(f)
Not be greater than eight feet in height.
G.
Location.
(1)
Coops and pens shall at all times:
(a)
Be located in the backyard of the property only.
(b)
Be located at least 25 feet from any street.
(c)
Be further than five feet from any property line.
(d)
Provide screening using closed fencing or solid hedge if any
side of the coop or pen is within 10 feet of a property line.
(e)
Be further than 15 feet from any dwelling. This does not include
sheds, garages, or any other detached structure which is not intended
for occupied living purposes.
H.
Living conditions.
(1)
Chickens shall have access to feed and clean water.
(2)
Feed shall be secured to prevent rodents or other pests from accessing
the feed.
(3)
Chickens shall have adequate bedding.
(4)
Coops shall be cleaned, and bedding added in adequate intervals to
avoid unsanitary conditions or noxious odors.
(5)
Pens shall be cleaned at regular intervals to avoid unsanitary conditions
or noxious odors.
(6)
A veterinarian shall be identified and used for any necessary medical
care.
I.
Deceased chickens. Chicken carcasses shall be disposed of in strict
compliance with Pennsylvania law, 3 Pa.C.S.A. § 2352, and
no person shall slaughter a chicken in a residential zone.
(1)
Persons owning or possessing chickens they know or have reason to
believe to have died of dangerous transmissible disease shall report
the occurrence of the disease to the Pennsylvania Department of Agriculture
and dispose of the chicken under the supervision and instruction of
the Pennsylvania Department of Agriculture and shall follow all applicable
related statutes.
B.
Application.
(1)
An applicant must complete and submit an application provided by
the Code Enforcement Officer and pay all associated fees, as listed
in the then-current Lemoyne Borough fee schedule.
(2)
A complete application shall include:
(a)
Proof that the applicant is the property owner or has express
written permission from the property owner to file the application
on the property owner's behalf.
(b)
Verification by the Codes Enforcement Officer that the activity complies with the requirements of § 146-10 of this article.
(c)
Proof that all fees associated with the application are paid
in full;
(d)
Affirmation that the land contains at least one residential
dwelling;
(e)
Signed affirmation by the applicant that they understand and
will abide by the requirements of this article.
(f)
Access to educational resources related to noncommercial keeping
of chickens.
(g)
Contact information for the Pennsylvania Department of Agriculture
(PDA) emergency number, with the extension for the veterinarian on
call.
(h)
Contact information for the applicant, property owner, and their
chosen veterinarian.
C.
Issuance of permit.
(1)
A permit application will not be approved unless the applicant affirmatively
demonstrates that the following conditions are met:
(2)
If all conditions are met, the Code Enforcement Officer shall issue
the permit within 14 days from the date of receipt by the Borough
Office.
(3)
If any one or more conditions are not met, the permit will be denied
by the Code Enforcement Officer, in writing, within 14 days from the
date of receipt by the Borough Office.
D.
Suspension and revocation and nontransferability of permit.
(1)
The Code Enforcement Officer may suspend or revoke any permit issued
for any of the following reasons:
(a)
False statements made on the application or other misinformation
provided to the Code Enforcement Officer by the applicant;
(b)
Failure to pay any penalty, reinspection or reinstatement fee
required by this section;
(c)
Failure to correct deficiencies noted during inspections in
the time specified by the Code Enforcement Officer;
(d)
Failure to comply with the provisions of an approved mitigation/remediation
plan issued by the Code Enforcement Officer; or
(e)
Failure to comply with any provision of this article.
E.
Effect of revocation.
(1)
When a permit is revoked for a property, the property owner, or anybody
on his behalf, may not reapply for or renew a new permit for that
property for a period of 12 months from the date of revocation.
(2)
Upon expiration of the appeal period specified under Subsection F(1), all animals related to the permit revocation shall be removed from the Property within 10 business days after the final day of the appeal period.
(3)
Any property not in compliance shall be subject to the violations and penalties specified in § 146-14 (Violations) of this article.
(4)
Any cost incurred to remove, place or dispose of animals by the borough
shall be paid by the property owner.
F.
Appeals.
(1)
Where a permit has been denied, revoked, or suspended, the applicant
or holder of the permit may appeal the decision in writing to the
Borough Council within 10 business days of receipt of notice of the
denial, revocation, or suspension.
(2)
The applicant or holder of the permit shall be given an opportunity
for a hearing within 30 days, before the Borough Council.
G.
Nontransferability. A permit shall not be transferable and is only
valid to those named on the application as the applicant and owner
of the property where the activity takes place.
A.
All waste shall be disposed of in a proper manner as follows:
(2)
The permittee may compost the waste themselves.
(3)
The permittee may give the waste to another person who composts.
(5)
Waste may not be disposed of by dumping in any location.
(6)
Waste may not be intentionally or unintentionally washed into any
stormwater system, wastewater system, storm sewer system, sanitary
sewer system, or similar waterways.
B.
Duty of the Code Enforcement Officer. The Code Enforcement Officer
shall inspect the property for the alleged nuisance and advise the
permittee on the property ways of abating the nuisance and the timeframe
within which the nuisance must be abated.
C.
Suspension of permit. If the nuisance is not corrected within the timeframe provided by the Code Enforcement Officer, the Code Enforcement Officer shall suspend the permit in compliance with § 146-11D(1)(c).
A.
Amount of fine. Violation of this article which results in a suspension or revocation of permit under § 146-11D(1) is a summary offense and the property owner shall be subject to a fine of not less than $50 nor more than $250.
A.
Use. All permit fees collected in the permit process shall be used
to pay for the salary of the Code Enforcement Officer and any other
costs associated with inspection by the Code Enforcement Officer,
or the Borough.
B.
Amount. The initial and renewal fees for permits requested under
this article shall be listed in the Lemoyne Borough fee schedule.
