[Adopted 5-10-2021 by Ord. No. 2021-01[1]]
[1]
Editor's Note: This ordinance provided an effective date of 7-1-2021.
A. 
It shall be unlawful for any person to keep roosters, cockerel or cocks at any place within the Borough, except on a customary farming operation as defined in Chapter 300, Zoning. It shall be illegal for any person to keep or possess waterfowl on their private property within the Borough. This article shall not prevent the peaceful and humane feeding of waterfowl as long as they remain wild and not domesticated.
B. 
The keeping of chickens, in accordance with the standards of this article, shall only be permitted at a property on which a residential dwelling is the primary use, and the keeping of chickens shall be considered a use accessory to the residential use.
C. 
The following items generated by or kept as a result of the keeping of chickens shall not be offered for sale or sold, but may be donated or distributed free of charge, if produced in the Borough of Chambersburg:
(1) 
Eggs (in excess of one dozen per week), chicks, or chickens;
(2) 
Chicken manure or compost containing chicken manure; and
(3) 
Produce which has been grown in an accessory garden fertilized with chicken manure or compost.
D. 
The sale of eggs or other farm products from a residential home shall not be considered a no-impact home-based business in accordance with the provisions of the Code of the Borough of Chambersburg, Chapter 300, Zoning. Sale of food is regulated by the Code of the Borough of Chambersburg, Chapter 168, Health and Sanitation.
E. 
Chickens shall be housed in a chicken enclosure, which may or may not be coterminous with a fenced yard, but shall otherwise be an enclosed, fenced, or separated area. Fences shall be constructed in accordance with the provisions of the Code of the Borough of Chambersburg, Chapter 300, Zoning. Chickens shall remain secured in the chicken enclosure. Chickens may not be permitted outside unless within the chicken enclosure.
F. 
The chicken enclosure shall have a barrier made of material so that chickens may not escape the enclosure. The enclosure shall itself contain at least 10 square feet of area per chicken. The barrier shall rise at least four feet above the ground and be constructed in such a way to prevent chickens from escaping and predators from entering the enclosure. The barrier shall be constructed in such a way to prevent access under the barrier. The enclosure shall serve as an area for the chickens to run, yet prevent the chickens from running loose or becoming a nuisance. Chickens may not run at large and shall be kept out of the public right-of-way. Existing fencing that meets the requirements outlined in this subsection shall constitute a permitted chicken enclosure.
G. 
Chickens shall have access to feed and clean water at all times, and reasonable efforts shall be undertaken to ensure such feed and water shall be inaccessible to rodents, predators, insects, and vermin. Chickens shall be provided adequate bedding in a chicken enclosure, and perches are encouraged.
H. 
Nuisances caused by the keeping of chickens. The keeping of chickens shall be conducted in a manner that does not disturb the use or enjoyment of adjacent properties. Odor generated by the chickens shall not be perceptible at the property boundaries, and noise generated by the chickens shall not disturb people of reasonable sensitivity at the property boundaries.
It shall be unlawful for any person to keep any domestic animals at a residential property, except household pets, except as provided in this section:
A. 
Large animals shall be restricted to a minimum one-half-acre (21,780 square feet) lot that accommodates a single-family detached dwelling. Up to 10 large animals may be kept with at least 200 square feet of lot area required per animal. For example, 10 animals would require 2,000 square feet of lot area. Large animals shall be confined in a fenced area in the side or rear lot area. The fence height shall be six feet in accordance with the provisions of the Code of the Borough of Chambersburg, Chapter 300, Zoning. Barbed or razor wire is prohibited. The side or rear lot area shall be measured from the front of the dwelling facing the street where the address is assigned to the rear lot line. Any lot that accommodated large animals that did not meet the area or fence requirements on the date this amendment was approved can legally continue; however, the regulations stated herewithin must be met at which time large animals are not kept on the lot for a period of six consecutive months.
B. 
Small animals shall be restricted to lots that accommodate single-family detached and single-family semidetached (duplex) dwellings. Up to 10 small animals may be kept with at least 50 square feet of lot area required per animal. For example, 10 animals would require 500 square feet of lot area. Small animals shall be confined in a fenced area in the side or rear lot area. The fence height shall be at least four feet in accordance with the provisions of the Code of the Borough of Chambersburg, Chapter 300, Zoning. Barbed or razor wire is prohibited. The side or rear lot area shall be measured from the front of the dwelling facing the street where the address is assigned to the rear lot line. Any lot that accommodated small animals that did not meet the area or fence requirements on the date this amendment was approved can legally continue; however, the regulations stated herewithin must be met at which time small animals are not kept on the lot for a period of six consecutive months. These fence provisions shall not apply if small animals are permanently confined in a cage, coop, hutch or similar structure. These rules are in addition to rules established for chicken enclosures within a yard.
C. 
Every owner of small or large animals shall cause the litter and droppings therefrom to be collected in a container or receptacle that, when closed, shall be rodentproof and flytight and, after every such collection, shall cause such container or receptacle to be kept closed. Every such owner shall cause all litter and droppings so collected to be disposed of in such manner as not to permit the presence of fly larvae. All litter and droppings, including from chickens, as regulated through § 96-16, must comply with Nutrient Management Regulations, Pennsylvania Code Title 25, Chapter 83, as required by the Pennsylvania Department of Environmental Protection.
D. 
Every owner of small or large animals shall cause all feed provided therefor to be stored and kept in a rodentproof and flytight building, box, container or receptacle.
E. 
Every owner of small or large animals shall cause all water troughs or other watering devices provided therefor to be clean and free of insect larvae, especially those of mosquitoes.
A. 
The Borough Manager, or their designee, shall be authorized to apprehend and impound any wild animal running at large found within the Borough. Any wild animal impounded under the provisions of this section may be placed for adoption or destroyed in as humane a manner as possible under authority of the PA Game Commission, the Borough, a police officer, the contractor utilized for apprehension, or a representative of the impoundment facility. The Borough is hereby authorized to utilize a contractor for apprehension and impoundment of wild animals.
B. 
For the purposes of this section, animals such as squirrels, chipmunks, groundhogs, raccoons, deer, wild turkeys, pheasants or similar animals not normally or ordinarily domesticated shall not be considered wild animals. It is not the intent of the Borough to apprehend and impound such animals when found running at large.
It shall be unlawful for any person to intervene, impede, prevent or attempt to intervene, impede, prevent, obstruct or intimidate the animal enforcement officer in the discharge of their duties in taking up or attempting to take up and impound any and all animals which it is the duty of the animal enforcement officer to impound under the provisions of this article, or to rescue or attempt to rescue any animal so taken up by the animal enforcement officer or to release any animal so impounded.
Any person found guilty of a violation of this article in a summary proceeding before a District Magistrate shall pay a fine of not more than $300 and the costs of prosecution and, in default of payment of such fine and costs of prosecution, shall be imprisoned for not more than 10 days, provided that each day's continuance of a violation shall constitute a separate offense.
In addition to the remedies provided in § 96-22 above, any continued violations of this article that shall, in the opinion of the enforcement officer, constitute a nuisance may be abated by proceeding against the violator in a court of equity for relief. In the event the owner, occupant, or person causing the nuisance, as applicable, shall fail to abate said nuisance, the Borough shall take such actions as it deems necessary to abate said nuisance without liability for damage that may result from the abatement. The actual costs of abating said nuisance, including, but not limited to, actual labor charges, equipment, rental charges, administrative overhead, postage, plus a penalty of 10% of the costs and attorney's fees, shall be collected from the owner of the property either by an action in assumpsit or by the filing of a municipal claim or lien against the said real property. In addition to the above, the Borough may, at its sole discretion, by an action in equity, compel the owner to comply with this article or seek other relief as a court may order.