[Adopted 3-18-2021 by Ord. No. 1147]
As used in this article, the following terms shall have the
meanings indicated:
A member of the subspecies Gallus gallus domesticus, domesticated
fowl.
A fenced or other type of enclosure that is mostly open to
the elements, for the purpose of allowing chickens to leave the henhouse
or coop while remaining in a predator-safe environment. The chicken
run or pen is typically attached to the henhouse or chicken coop.
A structure providing shelter for chickens which is completely
enclosed.
The tract of land as identified by the application upon which
a permit is granted for keeping chickens pursuant to this article.
An applicant who has been granted a permit to raise, harbor
or keep a limited number of chickens pursuant to this article.
The Borough Code Enforcement Officer or designee.
A building designed for and occupied exclusively as a residence
for only one family.
A.
Purpose. The purpose of this article is to provide minimum standards
for the keeping of female domesticated chickens. This article enables
residents to keep chickens on a noncommercial basis as an accessory
use to a residence, while limiting the adverse effects of the activity
on surrounding properties. Such adverse effects can include noise,
odors, unsanitary conditions, attraction of predators or rodents,
chickens running at large, unsightly conditions, and similar adverse
conditions.
B.
Noncommercial use only. Domesticated chickens shall be kept for noncommercial
purposes only. A permit shall not allow the permittee to engage in
chicken breeding, sale of eggs, or fertilizer production for commercial
purposes.
C.
Enclosed structure required. Chickens shall be kept in an enclosed
structure at all times. It shall be unlawful for the owner of chickens
to allow the same to run at large. Chickens shall be secured within
a henhouse or chicken coop during nondaylight hours. No person shall
keep chickens inside a dwelling unit.
D.
Odor and noise impacts.
(1)
Odors from chickens, chicken manure or other chicken-related substances
shall not be perceptible beyond the boundaries of the permitted tract
of land.
E.
Mortality. Dead animals shall be disposed of within 24 hours and
consistent with applicable waste disposal regulations of the Borough.
F.
Predators, rodents, insects and parasites. The permittee shall take
all necessary action to reduce the attraction of predators and rodents
and the potential infestation of rodents, insects and parasites. The
permittee shall store all feed supplies in rodentproof containers.
The permittee shall control rodents by eliminating nearby hiding places
(trash, weeds, and debris), trapping and baiting rats and mice on
a regular basis, and retaining a professional pest control contractor
if evidence of the presence of rodents persists for more than seven
days. Chickens found to be infested with insects and parasites that
may result in unhealthy conditions to human habitation or kept in
a manner that results in continued rodent infestation may be removed
by a Media Borough Code Enforcement Officer. Any determination by
the Code Enforcement Officer as to unhealthy conditions shall be final
and unappealable.
G.
Feed and water. Chickens shall always be provided with access to
feed and clean water. The feed and water shall be unavailable to rodents,
wild birds and predators. Chicken feed must be stored in rodent- and
raccoonproof containers. No facility for storing manure or feed shall
be located within 50 feet of any adjacent residence that is not occupied
by the applicant and not less than 25 feet from any lot line.
H.
Waste storage and removal.
(1)
All stored manure shall be covered by a fully enclosed structure
with a roof or lid over the entire structure.
(2)
No more than a five-gallon container of waste and manure shall be
stored on the permitted tract of land.
(3)
The henhouse or chicken pen and surrounding area must be kept free
from trash and accumulated droppings. Uneaten feed and droppings should
be removed daily.
(4)
Manure-contaminated rain or wastewater may not run into public streets
or neighbor's property.
(5)
Composting of used bedding and manure shall not be permitted.
(6)
No facility for storing manure shall be located within 50 feet of
any adjacent residence not occupied by the applicant and not less
25 feet from any lot line.
I.
Slaughter prohibited. The slaughter of chickens on residential property
is prohibited.
A.
Enclosures. Enclosures must meet the following minimum standards:
(1)
Enclosures must be kept in a clean, dry, odor-free, neat and sanitary
condition at all times.
(2)
Henhouses, chicken coops and chicken pens must provide adequate ventilation
and adequate sun and shade and must be impermeable to rodents, wild
birds and predators, including dogs and cats.
(3)
Henhouses and chicken coops shall be designed to provide safe and
healthy living conditions for the chickens and to prevent the escape
of chickens while minimizing adverse impacts to other residents in
the neighborhood.
(4)
A henhouse or chicken coop 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. Opening windows and vents must be covered with predator-
and birdproof wire of less than one-inch openings.
(5)
The materials used in making a henhouse or chicken coop shall be
uniform for each element of the structure such that the walls are
made of the same material, the roof has the same shingles or other
covering, and any windows or openings are constructed using the same
materials. The use of scrap, waste board, sheet metal, or similar
materials is prohibited.
(6)
Henhouses and chicken coops shall be well maintained.
(7)
Any enclosed chicken pen shall consist of sturdy wire fencing. The
pen must be covered with wire, aviary netting, or solid roofing.
B.
Prevention of entry by burrowing. A horizontal at-grade area not
less than one foot in width along the interior or exterior perimeter
of the chicken run or pen shall be composed of chain link or other
material to prevent entry by burrowing predators. Alternatively, a
barrier to burrowing not less than one foot in depth may be placed
along the perimeter of the chicken run or pen.
C.
Elevation of structures. Henhouses and chicken coops shall be elevated
at least 18 inches above grade, with an elevated floor that will prevent
entry by predators. The applicant shall provide details of how manure
will be properly cleaned from henhouse and chicken coop floors.
D.
No external illumination. The exterior areas of henhouses and chicken
coops shall not be illuminated.
E.
Minimum area per chicken in henhouse or coop. The henhouse or chicken
coop shall provide not less than two square feet of area per chicken,
as well as separate roosting or egg-laying areas.
F.
Minimum area per chicken run or pen. A chicken run or pen shall be
provided and be large enough to allow freedom of movement, but shall
provide not less than four square feet per chicken.
G.
Homeowners' associations. No chickens shall be kept on any property
that has an HOA document associated with it noting that fowl of any
sort is not permissible within the subdivision in which said property
is a part thereof nor shall any part of this article supersede any
HOA documents that have been recorded on said property.
A.
Permit. No person shall raise, harbor or keep chickens within the
Borough of Media without a valid permit obtained biannually from the
permitting officer under the provisions of this article. The permitting
officer shall grant a permit allowing for the raising and keeping
of chickens when the following conditions are met:
(1)
Applicant demonstrates that the proposed use meets all of the standards
of § 311-74 of the Media Borough Zoning Ordinance.
(2)
Applicant demonstrates that the proposed use meets all of the standards
of this article.
(3)
The applicant has provided 21 days' notice to the residents
of all abutting dwellings of the applicant's intent to obtain
a permit.
(4)
(5)
A written waste storage and removal plan shall be submitted.
B.
Additional reasonable conditions may be attached. In granting a permit
the permitting officer may attach such reasonable conditions and safeguards,
in addition to those expressed in this article, as the officer may
deem necessary to implement the purposes of the Borough Zoning Ordinance.[1] (Example: Reasonable conditions may include the provision
of landscaping or fencing to screen views of the activity, and increased
setbacks.)
C.
Periodic inspection. The Borough may periodically inspect the facility,
upon reasonable notice or without notice if in response to a complaint,
to ensure that all conditions of the permit are continuously met.
D.
Fee. Fees assessable by the Borough of Media for the administration
and enforcement undertaken pursuant to this article shall be established
by the Borough Council by resolution from time to time.
E.
Application. The application shall include a description of how the
backyard chicken activity will be conducted. The applicant shall describe
how the chickens will be cared for including, at minimum:
(1)
How the facility will be maintained on a routine basis;
(2)
Routine collection of eggs;
(3)
Continuous provision of fresh food and water supplies;
(4)
Waste collected and removal;
(5)
Amounts of mulch or animal bedding;
(6)
A sketch plan showing compliance with all required setbacks; and
(7)
How complaints from neighbors will be addressed.
F.
Denial, suspension or revocation of permit.
(1)
The permitting officer shall deny a permit if the applicant has not
demonstrated compliance with all of the provisions of this article.
(2)
Any material misstatement or omission shall be grounds for denial,
suspension or revocation of the permit.
(3)
A permit to keep domesticated chickens may be suspended or revoked
by the Borough where the Borough finds that the keeping of the chickens
creates a public nuisance or for any violation of, or failure to comply
with, any of the provisions of this article or with the provisions
of any other applicable ordinance or law.
(4)
Any denial, revocation or suspension of a permit shall be in writing
and shall include notification of the right to and procedure for appeal.
G.
Right to appeal. Any aggrieved party may appeal the issuance, denial,
suspension or revocation of a permit to the Borough Council by submitting
a written request of appeal to the Borough Council within 30 days
of the date of the permitting officer's decision to issue, deny,
suspend or revoke said permit. The Borough Council shall then consider
the appeal at a public meeting within 45 days of the receipt of the
written request of appeal unless the appellant shall agree to and
grant an extension of this period.
H.
Renewal. Permits shall be valid for a period of two years from the
date of issue unless suspended or revoked. Applicant shall apply for
renewal at least two weeks prior to the expiration of the permit.
A.
The Code Enforcement Department is authorized to enforce the provisions
of this article and to serve a notice of violation at the property
in violation.
B.
The notice of violation shall indicate the time the Borough determines
that a violation exists and provide a reasonable time period for the
property owner, occupant and/or tenant to comply in order to avoid
municipal confiscation or penalties.
A.
Any person, partnership or corporation who violates the provisions
of this article and/or fails to comply with any of the requirements
thereof shall, upon being found liable in a civil enforcement proceeding
commenced by the Borough, pay a judgment penalty of not more than
$600 plus any and all court costs, including reasonable attorneys'
fees incurred by the Borough as a result thereof.
B.
Each day that a violation continues shall constitute a separate violation
at the discretion of a court with jurisdiction over this matter. Any
and all judgments, costs and reasonable attorneys' fees for a
violation of this article shall be paid directly to the Borough.
C.
The penalties and remedies prescribed by this article shall be deemed
concurrent. The existence or exercise of any remedy shall not prevent
the Borough of Media from exercising any other remedy provided by
this article or otherwise provided at law or equity, including, without
limitation, seizing chickens found to be kept in violation of the
requirements of this article.
In addition to any other remedy provided in this article, the Borough of Media may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article. In addition to an injunction, the court may impose penalties as authorized by § 149-18 hereof.
