As used in this article, the following terms shall have the
meanings indicated:
CHICKEN RUN
A wire enclosure connected to a henhouse for the purpose
of allowing chickens to leave the henhouse while remaining in an enclosed,
predator-safe environment.
HENHOUSE
A structure for the sheltering of female chickens. An existing shed or garage can be used for this purpose if it meets the standards contained in this Article
VII, including the required distance from property lines.
The purpose of this article is to provide standards for the
keeping of domesticated chickens. It is intended to enable residents
of the Borough to keep a small number of female chickens on a noncommercial
basis while limiting the potential adverse impacts on the surrounding
neighborhood. The Borough recognizes that adverse neighborhood impacts
may result from the keeping of domesticated chickens as a result of
noise, odor, unsanitary animal living conditions, unsanitary waste
storage and removal, the attraction of predators, rodents, insects,
or parasites, and nonconfined animals leaving the owner's property.
This article is intended to create standards and requirements that
ensure that domesticated chickens do not adversely impact the neighborhood
surrounding the property on which the chickens are kept.
An annual permit is required for the keeping of any domesticated
chickens in the Borough.
The fee for an annual permit to keep chickens shall initially
be $50, but such fee may be adjusted from time to time by resolution
adopted by the Borough Council.
All owner or owners of chickens within the limits of the municipality
are hereby 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:
A. All chicken feces accumulated on private property shall be removed by using the approved sanitary method of double bagging and placing in the trash for collection unless composted as provided for in §
129-51 below.
B. Chicken feces on private property shall not be allowed to accumulate
to the degree that it becomes a public health nuisance or hazard.
In cases where chicken feces do accumulate on private property, the
Code Enforcement Officer or his designee 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.
It shall be unlawful for any person to spread or cause to be
spread or deposited upon any ground or premises within the Borough
any chicken manure. However, chicken manure may be composted on the
property where the chickens are housed and the composted material
then applied to gardens or yards.
The Code Enforcement Officer shall issue a permit if the applicant
has demonstrated compliance with the criteria and standards in this
article.
The Code Enforcement Officer shall conduct an annual inspection
of the property of the person who has applied for a permit to confirm
that the conditions set forth in this article have been complied with.
The Code Enforcement Officer shall deny a permit if the applicant
has not demonstrated compliance with all provisions of this article.
In addition, a permit to keep domesticated chickens may be suspended
or revoked by the Code Enforcement Officer where there is a risk to
public health or safety 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. Any denial, revocation or
suspension of a permit shall be in writing and shall include notification
of the right to and procedure for appeal.
A person appealing the issuance, denial, suspension or revocation
of a permit by the Code Enforcement Officer may appeal to the Board
of Code Appeals within 30 days of the decision being appealed.
This article may be enforced by the Health Officer or Animal
Control Officer in addition to the Code Enforcement Officer, and the
Health Officer and Animal Control Officer are hereby empowered to
issue citations or otherwise enforce this article on the same basis
as the Code Enforcement Officer.