The purpose of this chapter is to provide of the keeping of
chickens in residential areas by Baldwin Borough residents while ensuring
that said practice does not result in a proliferation of nuisances
to surrounding properties.
As used in this chapter, the following words and terms shall
have the meaning indicated:
CHICKEN
A member of the subspecies Gallus gallus domesticus, a domesticated
fowl.
CHICKEN RUN
An enclosed area where chickens are allowed to walk and run
about.
COOP
A small building for housing poultry.
The keeping of chicken hens shall be allowed by right in residentially
zoned areas of the Borough (R-1, R-2), provided that the following
conditions are met:
A. The building lot has been developed as a single-family residence.
B. No more than four chicken hens shall be kept per one-family dwelling.
C. A minimum lot size either owned, leased or rented of 1/2 acre shall
be required.
D. No person shall keep a rooster.
E. All chicken hens shall be housed in a roofed coop that is stationary,
secure, and enclosed in a way that contains the chickens.
F. The coop shall not be within 30 feet of any main building on an adjacent
lot.
G. The minimum coop size shall be three square feet per chicken. The
maximum overall coop size shall not exceed 30 square feet.
H. A chicken run is permitted when attached to the coop.
I. If a chicken run is provided, it shall be no bigger than 10 square
feet per chicken and shall be enclosed in a way that contains the
chickens.
J. The chicken run shall not be within 30 feet of any main building
on an adjacent lot.
K. All coops and runs are subject to setbacks for accessory structures.
L. All coops and runs shall be screened from the view at ground level
from adjacent lots by using fencing, landscaping, or a combination
thereof.
M. A zoning permit shall be required for keeping chicken hens, coops,
and chicken runs.
The following shall apply to all residentially zoned properties that are keeping chickens as set forth in §
82A-3:
A. It shall be unlawful for the owner or owners of any chickens to allow
the same to run at large upon any of the common thoroughfares, sidewalks,
passageways, play areas, parks, streets, alleys, or public highways,
or any place where people congregate or walk, or upon any public or
private property, without an approved coop and run in Baldwin Borough.
Any chicken not contained within an approved coop or run shall be
deemed at large.
B. Any owner or owners of chickens shall be required to house the same
at all times under sanitary conditions so that the keeping of chickens
shall not become either a public or private nuisance. The following
provisions apply:
(1) Chicken feces on private property shall not be allowed to accumulate
to the degree that it becomes a public health nuisance or hazard.
All chicken feces shall be properly stored and disposed of, so as
not to be objectionable due to odor, pests or otherwise, at the site's
property line. The owner or owners of chickens shall show that adequate
provisions are being implemented to collect, store and dispose of
the feces and other litter associated with the keeping of chickens.
The containers used in the process shall be kept covered and shall
be cleaned on a regular basis to avoid the potential for detectable
odors. In cases where chicken feces does accumulate on private property,
the code enforcement officer may conduct an investigation, after which
the accumulation may be declared a public health hazard or nuisance
and the owner shall be ordered to remove and dispose of the accumulated
feces in an approved manner. The order to remove such accumulated
feces shall be given personally to the owner or shall be sent by registered
mail, and the owner shall be given a period of 48 hours from the date
and time of receipt of the order to clean the property and remove
the accumulated feces.
(2) Coops and 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.
C. It shall be prohibited to slaughter and/or purposefully kill any
chicken, for any purpose. Excluded from this prohibition is the killing
of a chicken for medical reasons by a licensed veterinarian and/or
the off-site slaughtering by a professional.
D. All feed, water, and other items associated with the keeping of chickens
shall be protected in a way that prevents infestation by rats, mice,
or other rodents or vectors. Failure to keep all feed, water and other
items associated with the keeping of chickens in a clean and sanitary
condition constitutes a violation of this chapter.
Any person who violates this chapter shall be subject to a fine
not to exceed $500 per occurrence, and in default of payment thereof,
to undergo imprisonment not exceeding 30 days. Each day that a violation
of this chapter continues shall constitute a separate offense.
If a section, provision or part of this chapter shall be judged
to be invalid or unconstitutional, such adjudication shall not affect
the validity of the chapter as a whole or any sections, provisions
or parts thereof not adjudged invalid or unconstitutional.
This chapter shall be in full force and effect from the date
of its adoption by the Baldwin Borough Council and upon publication
provided by law.