The purpose of this article is to provide appropriate standards and regulations for the keeping of chickens for noncommercial purposes within the suburban residential environment of Woodlynne Borough. This article establishes standards and limitations so as to avoid adverse impacts on neighboring properties and residents, and to provide for the health and safety of the chickens.
[Adopted 8-12-2021 by Ord. No. 2021-7]
As used in this article, the following terms shall have the meanings indicated:
Refers only to a female chicken.
A fenced area required in association with a coop in order to provide an outside exercise area for the chickens free from predators, and of a size no greater than 10 feet by 10 feet, with a fence not in excess of 10 feet in height, but sufficiently constructed to prevent entrance by predators.
The covered house, structure or room that is required in order to provide chickens with shelter from the weather and with a roosting area protected from predators. No coop shall exceed 10 feet in height.
The violation of a provision of this article or of the revised general ordinances pertaining to the requirements of the keeping of chickens by a person who has been found two previous times, through a code enforcement proceeding or any other administrative, quasi-judicial or judicial process, to have violated, or who has admitted violating, any provision within three years prior to the current violation.
A.
Any person who keeps chickens in the Borough of Woodlynne shall obtain a permit from the Borough prior to acquiring the chickens. Any person who, at the time of the effective date of this article, is currently keeping chickens at a residential property within the Borough shall apply for a permit within 60 days. Application shall be made to the Borough of Woodlynne and the fee for the permit shall be $100. A separate inspection fee shall be charged at the time of application in the amount of $65. The application shall include a survey and a drawing or diagram depicting the placement and dimensions of the coop and chicken enclosure.
B.
In the event that a permit application by any person who is currently keeping chickens is denied, such person shall be obliged to remove any such chickens, coops and enclosures within 30 days of such denial. Any such person shall have the right to immediately file a conforming application so as to obtain a permit, in which case it shall not be necessary for them to comply with the removal requirements above set forth.
C.
The permit shall be obtained annually in the month of December from the Health Officer for a permit commencing on the ensuing January 1. Failure to obtain an annual renewal permit shall result in a penalty of $10 for each chicken, which shall be collected as a surcharge to the permit fee hereinabove required. In the event that a permit application is made after January for a new commencement of the keeping of chickens at a property, the fee shall be prorated to December 31 of that year.
D.
Permits expire and become invalid on December 31 of each year. A person who wishes to continue keeping chickens shall have obtained a new permit on or before the expiration date of the previous permit. Application for a new permit shall be pursuant to the procedures and requirements that are applicable at the time the person applies for a new permit.
E.
Upon a repeat violation, any permit issued shall be revoked. The holder of a revoked permit is ineligible from applying for or attaining a new permit for a period of two years from the date of revocation. Upon the revocation of any permit, the permit holder shall be obliged to remove chickens, coop and chicken enclosure immediately thereafter.
Notwithstanding the issuance of a permit by the Borough, private restrictions on the use of property shall remain enforceable and take precedence over a permit. Private restrictions include but are not limited to deed restrictions, condominium master deed restrictions, neighborhood association bylaws, and covenant deeds. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.
A person who keeps or houses chickens on his or her property shall comply with all of the following requirements:
B.
Shall keep no more than four chickens.
C.
Shall keep chickens only on a property, the principal use of which is as a single-family dwelling.
D.
Shall keep no rooster.
E.
Shall not slaughter any chickens.
F.
Shall provide the chickens with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times. No chickens shall be allowed to free range or be otherwise located outside of the coop and enclosure areas. Coops and fenced enclosures are subject to all provisions of the development regulations and Zoning Ordinance of the Borough, as well as all building, plumbing and electric permitting requirements, except to the extent addressed by the provisions of this section.
G.
Shall not keep chickens in any location on the property other than in the backyard. For purposes of this article, "backyard" means that portion of a lot enclosed by the property's rear lot line and the side lot lines to the points where the side lot lines intersect with an imaginary line established by the rear of the single-family structure and extending to the side lot lines.
H.
Shall not locate a covered enclosure, coop or fenced enclosure closer than 20 feet to any property line of an adjacent property.
I.
Shall provide an enclosure for the keeping of chickens which shall be so constructed and repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure. A covered enclosure, coop or fenced enclosure shall not be located closer than 20 feet to the residential structure on the property. Coops shall be ventilated and in a clean and sanitary condition at all times
J.
Shall protect feed and other items associated with the keeping of chickens that might attract or become infested with or infected by rats, mice, or other rodents through the use of ratproof containers so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them. All food for immediate consumption shall be placed in a suitable feeding trough or similar container and all other food shall be stored in ratproof containers at all times. No poultry feed shall be scattered about any premises.
K.
For purposes of this article, adjacent property means all parcels of property that the applicant's property comes into contact with at one or more points.
L.
Nothing herein shall be construed to abrogate the general, and specifically with respect to the keeping of any bird which, by frequent or long continued noise, shall disturb the comfort or repose of any person in the vicinity.
M.
The selling of eggs by any person keeping chickens pursuant to this article is prohibited.
N.
Any dead chicken must be double bagged and placed in the garbage.
A.
If any of the requirements of this article are not complied with, the Borough Health Officer, Code Enforcement Officer or Animal Control Officer may revoke any permit granted under this article and/or initiate prosecution for a violation pursuant to Chapter 53A for Violation", and/or Section 53A-1 "Schedule of fines for certain violations", as applicable; and/or
C.
The Borough shall also have the right to commence litigation in a court of competent jurisdiction.
A person who has been issued a permit shall submit it for examination upon demand by any police officer or Code Enforcement Officer.
The Borough Health Officer, Code Enforcement Officer or Animal Control Officer shall have authority to discern compliance with this article and the authority to direct compliance with this article with regard to requiring certain facilities or activities by chicken owners to ensure that neighbors of those who keep chickens are not unreasonably subjected to noise, rodents, predators, or other violations of the provisions of this article.