[Adopted 12-13-2016 by Ord. No. 396]
This article shall be known as "the Newberry Township Chicken
Ordinance."
It is declared that the enactment of this article is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this Township.
A.
Permit. No person, corporation, limited-liability company, partnership
or other entity shall raise, harbor or keep chickens or laying hens
(collectively, "chickens") within the Township without having first
obtained a valid permit to do so from the Township.
B.
Application. In order to obtain a permit, an applicant shall submit
an application on the forms provided by the Township office.
C.
Fees. An applicant for a permit shall pay, in full, a fee for such
permit, which fee shall be set by resolution of the Board of Supervisors
from time to time.
D.
Permit requirements. In order for a permit to be issued, the following
requirements must be met:
(1)
All requirements of this article shall be met.
(2)
All fees related to issuance or renewal of a permit shall have been
paid in full.
(3)
The tract of land on which the chickens are to be kept shall contain
a single- or two-family dwelling only and shall be occupied and used
as such and shall be no smaller than 1/2 acre.
E.
Issuance of permit. The Township shall issue a permit within 15 days
of receipt of the application and all requirements having been met.
A Township representative shall have the authority to inspect the
subject property prior to issuance or renewal of a permit.
F.
Denial, suspension, revocation or nonrenewal. The Township may deny,
suspend, revoke or decline to renew any permit issued hereunder for
any of the following reasons:
(1)
Any false statements on any application or other information required
to be given by the applicant or permit holder.
(2)
Failure to pay any fee or penalty required by this article or resolution
of the Board of Supervisors.
(3)
Failure to correct deficiencies noted in violation notices within
the time specified in such notice.
(4)
Failure to comply with any provision of this article.
G.
Notification. A decision to revoke, suspend, deny or not renew a
permit shall be in writing, delivered by ordinary mail or in person
to the address indicated on the application. Such notice shall state
the reasons for the action.
H.
Effect of revocation. When a permit is revoked, an applicant may
not reapply for a new or reissued permit for a period of two years
from the date of revocation.
I.
Appeals. The revocation, suspension, denial or decision not to renew
a permit may be appealed, in writing, to the Board of Supervisors
within 30 days of such action. The appeal shall be heard at the next
regularly scheduled meeting of the Board of Supervisors following
receipt of the written appeal. The written appeal shall set forth
the basis for such appeal. A written decision of the Board of Supervisors
shall be issued within 30 days of hearing the appeal and such decision
shall be deemed final and binding.
Chickens shall be permitted under this article within any zoning district at residentially used parcels only. Notwithstanding this article, the noncommercial keeping of livestock and the agricultural/commercial keeping of livestock shall continue to be governed by Chapter 380, Zoning, of the Code of the Township of Newberry, as that chapter may apply.
Chickens kept under this article may be kept for personal use
and consumption only and permittees shall not engage in any commercial
sales, breeding or other endeavor with regard to the chickens permitted
hereunder; provided, however, that permittees may sell surplus eggs
produced by chickens.
A.
Chickens must be kept in a coop, enclosure or fenced area at all
times.
B.
All chicken coops, enclosures or fenced areas containing the chickens
shall be at least 15 feet from any property line. No chicken coops,
enclosures or fenced areas shall be permitted in the front yard of
any lot.
C.
Coops, enclosures and fenced areas shall be kept in a clean, dry,
odor-free, neat and sanitary condition at all times.
D.
Coops and enclosures shall provide adequate ventilation and adequate
sun/shade and must be reasonably impermeable to rodents, wild birds
and predators, including dogs, cats, raccoons, etc.
A.
The control and safety of chickens at all times shall be the responsibility
of the permittee.
B.
Chickens shall be provided with access to feed and clean water at
all times. Feed and water shall be unavailable to rodents, wild birds
and predators. Uneaten food shall be removed in a timely manner.
C.
Manure shall be stored in a fully enclosed structure or watertight
container. No more than three cubic feet of manure may be stored on
a permitted tract of land. However, manure may be used as fertilizer.
Any manure not used as fertilizer or in excess of the amount permitted
to be stored shall be removed. The coop, enclosure, fenced area and
surrounding area shall be kept free of trash and accumulated feces.
D.
Chickens shall not be permitted to roam off of the permitted tract
of land.
E.
Permittee shall take action necessary to reduce the attraction of
rodents and predators and the potential infestation of insects and
parasites. Permittee shall remove or have treated any chickens found
to be infested with parasites or insects or sick.
F.
Dead chickens shall be removed and disposed of in accordance with
Township ordinances and state law, as applicable, immediately upon
discovery.
G.
The permittee shall not allow the permittee's chickens to roam off
of the permitted tract of land. No dog, cat or other domesticated
animal which kills a chicken off the permitted tract of land shall,
for that reason alone, be considered a dangerous or aggressive animal.
A.
The following acts shall be deemed to be violations of this article:
(1)
The keeping of chickens without a permit or the keeping of chickens
in violation of any provision of this article.
(2)
Permitting any owner, renter, lessee or other occupant of a property
to allow chickens to be kept on a property in violation of this article.
(3)
Keeping chickens inside of any dwelling unit.
(4)
The slaughtering of chickens.
B.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In the event any provision, section, sentence, clause, or part
of this article shall be held invalid, such invalidity shall not affect
or impair any remaining provision, section, sentence, clause or part
of this article, it being the intent of this Township that such remainder
shall be and shall remain in full force and effect.
All other ordinances or parts of ordinances inconsistent herewith
shall be and the same expressly are repealed.
This article shall become effective five days after the date
of enactment as provided by law.
