[HISTORY: Adopted by the Borough Council of the Borough of
Tamaqua as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-10-1966 by Ord. No. 277 (Ch. III of the 1971 Code of Ordinances);
amended in its entirety 8-20-2019 by Ord. No. 709]
As used in this article, the following terms shall have the
meanings indicated, unless 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 living member of the animal kingdom, excluding humans.
Any place where one or more colonies or nuclei of bees are
kept.
Any device, either stand-alone or designed to be attached
to a structure, for the sole purpose of housing native bats.
Any stage of the common honeybee (Apis mellifera) or other
species of the genus Apis.
Any American or European foul brood, sac brood, bee paralysis
or other diseases 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.
The Borough of Tamaqua, Schuylkill County, Pennsylvania.
The embryo and eff, larva, and pupa stages of a bee.
Homing and racing pigeons which have the name of the owner
stamped upon the wing or tail or are banded upon the leg with the
name or initials of the owner or with an identification or registration
number stamped on the band.
The assemblage of cells containing a living stage of a bee
at a time prior to emergence as an adult.
The Pennsylvania Department of Agriculture.
Domesticated breeds/varieties of chickens, excluding roosters;
quail; pheasant; pigeons; and doves. Also, domesticated varieties
of Muscovy ducks (Carina moschata), excluding drakes (male ducks),
are herein included.
A coop, cage or hutch that is designed to house domestic fowl or domesticated rabbits and is covered, predator-proof, well-ventilated, has at least two solid sides, is designed for easy cleaning access and complies with § 102-6 of this Code.
An unobstructed area to allow for the natural ingress and
egress behaviors of mammalian bats.
A barrier composed of dense vegetation or man-made materials
which directs bees quickly into the sky.
A container intended for the housing of a colony of bees.
Any property and/or establishment wherein domesticated pets
(and not livestock as defined in this article) are kept, transported
to, transported from, or seen by appointment for the purposes of breeding,
boarding, grooming, obedience training, sale, or show purposes. For
the purpose of this definition, the production of more than two litters
in any calendar year shall be considered "breeding"; and the keeping
of more than five dogs or more than five cats on any property located
with the ESP Region shall be considered to be a "kennel" operation.
Any structure in which carrier pigeons are housed.
Those species of bats that are native to Pennsylvania.
Any person, firm, partnership, association, corporation or
other entity.
The keeping of domesticated animals of types that are normally
considered to be kept by the residents of a dwelling for the pleasures
of the resident family. These types of animals can include, but are
not necessarily limited to, dogs, cats, small birds, gerbils, rabbits
and other animals commonly sold by pet shops; however, no more than
five dogs, cats, small birds, gerbils, rabbits and other animals commonly
sold by pet shops may be kept upon any property, unless said property
is a lawfully established "kennel" under the terms of this article.
Any pigeon registered with any national pigeon racing organization.
A single-family attached dwelling, a single-family detached
dwelling or a single-family semidetached dwelling, each as defined
in the Borough Zoning Ordinance, as amended from time to time.
Except as provided in this article, no person shall import into
the Borough, possess, display, offer for sale, trade, barter, exchange
or adopt, or give as a household pet to any person, to be maintained
within the Borough, any animal except the following, which require
the providing of adequate housing and proper care:
A.
Domestic dogs, excluding hybrids with wolves, coyotes, or jackals;
B.
Domestic cats, excluding hybrids with ocelots or margays;
C.
Domesticated rodents;
D.
Captive-bred species of common cage birds;
E.
Nonpoisonous snakes not to exceed six feet in total length;
F.
Fish;
G.
Small reptiles, including turtles and lizards;
H.
Small amphibians, including newts, frogs, and salamanders, traditionally
kept in the home for pleasure rather than for commercial purposes;
I.
Carrier pigeons and racing pigeons, when kept in compliance with
permit requirements;
J.
Domesticated rabbits;
K.
Bees, when kept in compliance with permit requirements;
L.
Native bats.
A.
Each person responsible for keeping an animal in the Borough shall
reside on or adjacent to the designated site on which the animal is
kept. The person keeping the animal must be the owner or permitted
lessee of the site where the animal is kept.
B.
In addition to the applicable provisions contained in this article,
each person keeping an animal in the Borough shall comply with all
other applicable provisions of the Borough of Tamaqua Code of Ordinances,
the Borough Code of the Commonwealth of Pennsylvania and all other
state and federal laws, statutes, rules and regulations, as amended
from time to time.
A.
No residential housing unit in the Borough shall contain at any one
time more than five permitted domestic dogs or five permitted domestic
cats, or any combination thereof; or four of any other caged or uncaged
permitted animals, unless otherwise permitted herein. This limit shall
not include litters of young permitted animals who have not yet been
weaned or who have been weaned for fewer than six weeks.
B.
Animals which occasionally birth litters of young shall not be used
for the sole intent to provide income to the animal's owner or
constitute a business based on the raising of animals.
C.
There shall be no limit on the number of fish and small amphibians
which any residential unit in the Borough may maintain.
A.
Single-family dwelling. All single-family dwellings shall be permitted to keep all animals permitted to be kept pursuant to § 102-2.
B.
All residential housing units which are not single-family dwellings
are limited solely to the keeping of the following animal types:
(1)
Domestic dogs, excluding hybrids with wolves, coyotes or jackals;
(2)
Domestic cats, excluding hybrids with ocelots or margays;
(3)
Domesticated rodents;
(4)
Captive-bred species of common cage birds;
(5)
Nonpoisonous snakes not to exceed six feet in length;
(6)
Fish;
(7)
Small reptiles, including turtles and lizards;
(8)
Small amphibians, including newts, frogs and salamanders;
(9)
Domesticated rabbits.
A.
Enclosures. Enclosures shall provide at least three square feet of
space per animal, and shall provide access to a clean water source.
Each enclosure shall comply with the required height restrictions
for accessory structures as set forth in the Borough Zoning Ordinance,
as amended from time to time.
(1)
Each enclosure 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 one-half-inch hardware cloth.
(2)
Materials used for making an enclosure 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 each
window and opening is constructed using the same materials. The use
of scrap, waste board or similar material is prohibited.
(3)
Each enclosure shall be painted or stained; the color shall be uniform
around the enclosure and shall be in harmony with the surrounding
area.
(4)
Each enclosure shall be designed to provide safe and healthy living
conditions for domesticated rabbits and shall provide shade in the
warm weather, suitable protection from inclement weather, and adequate
ventilation.
(5)
Each enclosure shall be kept in good repair and must be capable of
being maintained in clean and sanitary condition, free of vermin and
obnoxious odors.
(6)
Each enclosure must reasonably prevent domesticated rabbits from
running at large.
(7)
Each enclosure shall be open at all times for inspection by the Borough.
(8)
No enclosure shall be located in the front yard of any lot.
B.
Setbacks. Each enclosure shall be kept at least 25 feet from each
door and window of any dwelling or occupied structure other than the
owner's dwelling. No enclosure shall be located within five feet
of a side yard or rear yard lot line.
A.
Proper sanitation shall be maintained for each animal at all times
to prevent any condition which may be dangerous or detrimental to
the health of the public or the animal, or constitute a nuisance.
Proper sanitation includes but is not limited to:
(2)
Ensuring odors resulting from each animal are not detectable beyond
property lines.
(3)
Storing all animal food in metal or other rodent-proof containers.
(4)
Compost endeavors containing animal waste matter shall be located
at least five feet from all property lines and be within a container
or bin enclosed on all sides and covered to deter rodents, flies and
other pests.
B.
Fecal matter deposited on public and private property. It shall hereafter
be unlawful for any person to permit any animal owned by or under
the custody, supervision or control of such person to deposit fecal
matter upon the public streets, alleys or sidewalks in the Borough
or upon property of another, including the property of the Borough
or of any school district, without immediately removing the same and
disposing of the same in a sanitary manner.
C.
Fecal matter remaining on personal property. It shall be unlawful
for any person to permit fecal matter of any animal owned by or under
the custody, supervision or control of such person to accumulate or
remain on property owned or occupied by such person for a period of
24 hours without removing the same and disposing of the same in a
sanitary manner.
A.
Harvesting of animals shall occur only on the property on which the
animals are kept, and shall not occur in view from any public area
or any adjacent property owned by another person.
B.
Harvesting of animals shall be done in a humane and sanitary manner.
C.
No commercial slaughterhouse shall be allowed in the Borough.
A.
Beekeeping. It shall be unlawful to keep any bees in the Borough
except as provided in this section.
B.
Registration, certification and permits.
(1)
No beekeeper may own or maintain an apiary within the Borough without
first registering each apiary with the Department, as required by
the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et. seq., as
amended.
(2)
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 from such, revocation, if the Department
revokes said beekeeper's best management certification.
(3)
No beekeeper may own or maintain an apiary within the Borough without
first obtaining an annual beekeeper permit from the Borough Zoning
Officer. An application for an annual beekeeper permit shall be made,
in writing, to the Borough upon such form or in such format as established
by the Borough from time to time, and shall be accompanied by the
prescribed beekeeper permit fee in the amount established by resolution
of the Borough from time to time. The application shall be accompanied
by a lot plan that includes the size of the lot, the location and
number of each hive, the location of each water source, the distance
of each hive 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.
(4)
Non-property owners who wish to own or maintain an apiary on property
that the non-property owner is leasing must include written permission
from the property owner or landlord that explicitly indicates that
the non-property owner has permission to own and maintain an apiary
on the subject property. Such written permission shall be supplied
to the Borough as part of the annual beekeeper permit application.
C.
Maximum number of colonies. For a property containing 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 to keep two additional hives.
D.
Hive type. No beekeeper shall keep or maintain bees in any hive other
than a Langstroth-type or top-bar-type hive with removable combs and
with adequate space in the hive to prevent overcrowding and deter
swarming.
E.
Location of hives. The location of each hive must comply with the
following criteria:
(1)
No hive shall be located within 10 feet of any side or rear property
line.
(2)
No hive shall be located within the front yard of a lot.
(3)
No hive shall be located within 50 feet of a swimming pool or permanently
kenneled animal.
(4)
Apiaries may be located in any zoning district in the Borough.
F.
Hive orientation. Hive entrances shall face away from neighboring
properties and in such direction that bees fly across the beekeeper's
property at sufficient distance to gain a height of at least six feet
at each 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 set forth
in this subsection, then a flyway barrier shall be placed at least
six feet in height, shall be placed along the side of each hive that
contains the entrance to the hive, shall be located within five feet
of the hive, and shall extend at least two feet on either side of
the hive. A flyway barrier shall consist of a solid fence, dense vegetation,
dense hedge, or combination thereof. No flyway is required for a hive
that is located on a porch or balcony at least 10 feet above grade,
except where such porch or balcony is located less than five feet
from a property line.
G.
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 of each year and is located closer to the apiary than any
other water source.
H.
Best management practices. All beekeepers owning or maintaining an
apiary in the Borough shall practice all best management practices
as established by the Department from time to time.
I.
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.
J.
Inspection. The Borough, the Department and any apiary inspector
appointed by the Borough shall have free access, ingress, and egress
to and from each 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 any inspection.
K.
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 any property 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 each
hive or bee receptacle that is a public nuisance pursuant to this
article 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:
(1)
Multiple bees stinging, attacking, or otherwise molesting others,
including but not limited to pedestrians, bicyclists, motor vehicle
passengers and domestic animals;
(2)
The use of any apiary or receptacle for bees that does not comply with Subsection D of this section.
(3)
Hive placement and related bee movement such that any bee, without
provocation, interferes with the freedom of movement of any person
in a public right-of- way, or the location of bees poses a threat
to the general safety, health, and welfare of the general public.
(4)
The keeping of any overcrowded, bee-diseased or abandoned hive.
L.
Prohibitions. Africanized honeybees may not be kept on any property
in the Borough.
M.
Sale of honey. The sale of honey must comply with all state and federal
laws, statutes, rules and regulations.
A.
General provisions. To encourage native bat populations in the Borough,
residents may install two bat houses on their property.
(1)
Each bat house may be installed as either stand-alone or attached
to an existing structure.
(2)
Each bat house must be at least 10 feet above ground level. Each
stand-alone bat house shall not be located more than 20 feet above
ground level.
(3)
Each stand-alone bat house must provide for a fly-away zone of at
least 10 feet.
(4)
The placement of a bat house in the front yard of any lot is strictly
prohibited.
A.
Permits.
(1)
The Code Enforcement Officer of the Borough shall issue an annual
carrier pigeon permit to the owner of any carrier pigeons upon application
therefor by said owner if:
(a)
Identification marks stamped on each carrier pigeon or band
are recorded with the Borough;
(b)
Each loft is found upon inspection to be in compliance with
all of the regulations prescribed by the Borough and is maintained
in a clean, orderly condition and kept in good repair; and
(c)
The construction of each loft complies with the Borough's
Building Code regulations.
(2)
The requirements of the Borough's Zoning Ordinance relating
to restrictions on the location of stables and poultry enclosures
shall not apply to a loft for which a permit has been issued.
(3)
The owner of any carrier pigeons shall pay an annual fee for an annual
carrier pigeon permit in an amount to be established by resolution
of Borough Council of the Borough from time to time, and no permit
as required by this article shall be issued until the prescribed fee
shall have been paid. The Borough shall keep a record of all permits
issued pursuant to this article.
B.
Issuance of permit authorizing loft construction. Any person to whom
the Code Enforcement Officer has issued a carrier pigeon permit may
erect and maintain a loft of carrier pigeons or racing pigeons in
the Borough.
C.
Exercise and training. Any owner of carrier pigeons to whom the Code
Enforcement Officer has issued a carrier pigeon permit, or person
acting for him or her, having in his or her charge or possession and
under restraint and control carrier pigeons, shall be allowed to fly
the carrier pigeons for necessary exercise and training, but not more
than 25 pairs at any one time.
D.
Inspection of pigeons and lofts. Any owner of carrier pigeons to
whom the Code Enforcement Officer has issued a carrier pigeon permit
shall permit employees or officials of the Borough to enter upon such
owner's property for the purpose of making inspections of carrier
pigeons and lofts at all reasonable times and from time to time.
It shall hereafter be unlawful for any person to permit any
animal owned by or under the custody, supervision or control of such
person to be at large without controlled restraint, either upon the
public streets, alleys or sidewalks in the Borough or upon property
of another, including the property of the Borough or of any school
district.
Owning, possessing, harboring, supervising or controlling any
animal or bird which howls, barks, meows, squawks or makes other sounds
continuously and/or incessantly for a period of 10 minutes or makes
such noise intermittently for 30 minutes or more to the disturbance
of any person at any time of the day or night, regardless of whether
the animal or bird is situated in or upon private property; provided,
however, 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 or for any other legitimate
cause which teased or provoked the animal or bird.
Any violation of this article that would also violate any state
or federal law, statute, rule or regulation shall be prosecuted under
such state or federal law, statute, rule or regulation, as applicable,
and not under this article.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not to exceed
$600, and in default of payment, to undergo imprisonment for a term
not to exceed 30 days. Each day that a violation of this article continues
shall constitute a separate offense.
If any provision, sentence, clause, section, subsection or portion
of this article is for any reason found to be unconstitutional, illegal
or invalid, such unconstitutionality, illegality or invalidity shall
not affect or impair any of the remaining provisions, sentences, clauses,
sections, subsections or portions of this article. It is hereby declared
as the intent of the Borough Council of the Borough that this article
would have been adopted had such unconstitutional, illegal or invalid
provision, sentence, clause, section, subsection or portion thereof
not been included herein.
[Adopted 3-6-2012 by Ord.
No. 655]
For purposes of this article, the following definitions apply:
The provision of food, water, or other substance left outside
of any building or structure.
One that exists in an untamed state or one that has returned
to an untamed state is no longer considered domesticated, or one that
was previously residing in a domesticated home and has been abandoned
by its prior owner.
The provision of any type of shelter, whether temporary or
permanent, that a cat may enter.
The feeding and/or sheltering of feral or homeless cats is hereby
prohibited on any public or private property within the Borough of
Tamaqua.
This article shall be enforced by the Tamaqua Code Enforcement
Officer, Tamaqua Borough Police, the Tamaqua Board of Health, and
their agents.
A.
Any person found to be feeding and/or sheltering a feral or homeless
cat shall immediately be issued a cease and desist order by the enforcement
officer set forth above.
B.
In the event any person fails to comply with a cease and desist order,
the Board of Health, the Tamaqua Borough Police, the Animal Control
Officer and their agents have the right to seize and remove any feral
or homeless cats from their property.
C.
Unless otherwise provided for herein, any person who fails to comply
with a cease and desist order, other written order, or any other provision
of this section shall be guilty of a summary offense, shall be punishable
by a fine of not more than $1,000, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings.
Upon judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
Schuylkill County correctional facility for a period not exceeding
30 days. In addition to any civil or criminal penalties, any license
to keep animals may be revoked.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
In the event that animals are removed from a property, the property
owner shall be fined the sum of $100 per animal removed and the costs
of removal may also be placed as a lien on the property.
