[Adopted 11-7-2016 by Ord. No. 565]
The purpose of this article is to regulate the keeping of chickens for household usage and/or chickens and roosters for commercial usage.
As used in this article, the following terms shall have the meanings indicated:
CHICKENS
Includes only the female of the species, whether adult or juvenile.
ENCLOSURE
A coop, fenced area, or other similar structure designed to protect the chickens and restrict movement into neighboring yards. Enclosures must be enclosed on all sides and the top to prevent unauthorized entry or exit.
FREE-RANGE
Conditions allowing chickens to roam freely upon the owner's property, the property of neighbors, or the sidewalks and streets of the Borough.
ROOSTERS
Includes only the male of the species.
Each property containing one acre of land or less shall hereby be allowed to keep no more than four chickens as pets, for egg production, or for food usage by the family. All usage of chicken products produced will be for the family keeping and maintaining the chickens. Roosters shall not be permitted on property containing one acre or less within Borough limits.
A. 
Chickens kept on one acre or less of property must be kept in appropriate pens at all times. Free-range conditions outside of a pen area are prohibited. Pens, coops, and other structures must be clean, dry and kept in a sanitary condition at all times in a manner that will not disturb the use and enjoyment of neighboring lots due to noise, odor, or other adverse impact. Excrement must be prevented from accumulating in the coop or on the property.
B. 
Pens must provide adequate ventilation and must provide protection from rodents, wild birds, and predators, including without limitation, dogs, and cats. No pen may be less than 20 feet from the property line, and no less than 30 feet from the occupied portion of any adjacent property.
C. 
Storage of food and supplies outdoors must be in an enclosed structure and maintained in such manner as to prevent rodents.
Each property containing more than one acre of land shall hereby be allowed to keep no more than five chickens per square foot of designated chicken housing and no more than one rooster per 20 chickens.
A. 
The original permit for any structures will be handled as any other zoning permit for structures not requiring a building permit. Annual license renewals will be due by April 30 of each year. The license renewal fee shall be set as a part of the comprehensive fee schedule, herein initially set at $10 per year for property containing one acre or less, and $50 per year for property over one acre.
B. 
Any person obtaining a permit does authorize the code enforcement officer or a Humane Society officer to access the property upon reasonable notice to the landowner or permittee to inspect pens, chicken housing areas, and/or investigate complaints.
C. 
A permit to keep chickens may be suspended or revoked where there is a risk to public health or safety or for any violation or failure to comply with the requirements of this article. There is no vested right to keep chickens or roosters on any property after the expiration of the annual permit.
Any person who continues to violate this article after being given written notice shall be subject to a civil penalty not to exceed $500 plus costs and reasonable attorney fees. A continuation of such violation for each successive day(s) shall constitute a separate offense. Subsequent violations shall be subject to a fine not to exceed $500.
The Borough Council of the Borough of Evans City is hereby authorized and directed to execute any and all documents necessary to effectuate the purposes of this article.