[Ord. No. 1332, 11-13-2025]
A. 
No person shall keep within the limits of the City of Pittsfield, in any building; or on any premises of which they are the owner, lessee, tenant, or occupant; any chickens on a parcel of land without first obtaining a license from the City Clerk.
B. 
Licenses for keeping poultry shall be issued for up to a maximum of six chickens. Licenses shall be neither transferable as to other animals nor assignable for the use of other persons nor as to the use of other premises.
C. 
This does not include the properties that meet the agricultural exemptions of MGL c. 40A, § 3.
[Ord. No. 1332, 11-13-2025]
A. 
Any person who wishes to apply for a license shall supply the following information:
(1) 
A written application on a form provided by the City Clerk.
(2) 
Include a sketch in where the henhouse, coop and enclosures will be located in relation to habitable buildings and property lines to demonstrate compliance with the setbacks required by Section 2 1/2-41H below.
(3) 
Fee as specified in Section 2 1/2-40 hereof.
B. 
If a license is issued, it shall be issued to the owner of the property or the tenant of the property with the written permission of the owner.
C. 
The burden shall be upon the applicant to establish that the granting of such a license shall not be detrimental in any way to the public welfare and would not endanger the safety or health of the community.
D. 
The City Clerk shall act on the completed application within 15 working days. Notice of the Clerk's decision shall be mailed to the applicant within 10 working days of the decision.
E. 
It shall be the responsibility of the applicant to obtain all necessary permits for the henhouse or coop and for fencing. The issuance of such a license does not in any way relieve the licensee of the necessity to comply with other laws and regulations concerning zoning, construction, etc.
[Ord. No. 1332, 11-13-2025]
FENCED-IN AREA
An area outside of a pen or henhouse that is enclosed at ground level up to six feet or more by a fence, wall, or other barrier preventing chickens from leaving the subject property. Fences must be installed in accordance with applicable zoning requirements.
HEN
A female chicken. "Chicken" may also be used to refer to hens.
HENHOUSE (or COOP)
A structure designed to house hens.
PEN (or ENCLOSURE)
A completely enclosed outdoor area, including aviary netting or other predator-proof material across the top of the pen, designed to allow hens access to the outdoors while providing protection from predators.
PESTS
Any unwanted animal that would seek access to hen feed, such as mice or rats.
PREDATOR
Any creature that would seek to harm or consume hens.
ROOSTER
A male chicken.
[Ord. No. 1332, 11-13-2025]
License application fees for chicken licenses shall be as stated in Chapter 24 of this Code. Licenses must be renewed annually at the City Clerk's office on or before December 31. The annual renewal fee shall be as stated in Chapter 24 of this Code.
[Ord. No. 1332, 11-13-2025]
A. 
The licensee shall comply with the Pittsfield Health Department Safety Guidelines for Live Poultry:
(1) 
Children younger than five years old should not touch live poultry without adult supervision.
(2) 
Areas where poultry roam freely should be considered contaminated.
(3) 
Remove all contaminated clothing and shoes prior to entering the house.
(4) 
Wash hands thoroughly with soap and water immediately after touching live poultry and after removing soiled clothes and shoes.
(5) 
Adults should supervise handwashing for young children.
(6) 
Clean equipment and materials associated with raising or caring for live poultry, such as cages, feed containers, outside the house.
B. 
The keeping of hens as pets and for egg production in a residential zone shall be solely for noncommercial use.
C. 
Rooster(s) or crowing hen(s) are not permitted in a residential zone.
D. 
Hens shall not be kept in any residence or part thereof intended for human habitation.
E. 
The keeping of hens for meat production and on-site slaughtering shall not be allowed.
F. 
Hens shall remain within a henhouse, coop, pen, or within a fenced in area at all times and shall not be allowed to trespass off the property and run at large.
G. 
Henhouses/coops shall provide a minimum of three square feet of space per animal, shall be lined with organic bedding material (i.e., hay, litter, sawdust, etc.) and shall provide sufficient ventilation. Pens/enclosures shall provide eight square feet of fully enclosed space per animal.
H. 
Coops and enclosures must be located a minimum of 20 feet from any habitable building, or habitable portion of a building, 40 feet from any habitable building on an adjoining lot, 40 feet from any wellheads or open bodies of water, and 10 feet from property lines. Coops and enclosures must conform to all regulations pertaining to accessory buildings.
I. 
The number of hens kept in residential zones shall be limited to no more than six animals.
J. 
Feed shall be stored indoors in secured containers to prevent the intrusion of rodents and nonhousehold animals. In addition, any feed left over from feeding must be disposed of prior to dusk so that it is not accessible to rodents and/or other pests.
K. 
Refuse from the hens (inclusive of feces, bedding materials and associated debris) shall be taken to a regulated sanitation facility for disposal on a weekly basis. The use of chicken feces as a composting material is allowed for the applicant's own use, but is not allowed to be stored or accumulated on the property. The use of chicken manure as composting material shall be discontinued if noxious odors are reported and substantiated by the Board of Health.
L. 
The coop and enclosure and hens therein shall not disturb neighboring residents due to noise, odor, damage or threats to public health. Coops and enclosures shall be constructed and maintained in a safe and sanitary condition.
M. 
The Board of Health, upon notification of noise, noxious odors, or any condition affecting the health and public safety of the residents of the neighborhood, shall have the right to, upon notice to the property owner, schedule and hold a public hearing to review and, if determined to be in the best interest of the community, revoke the chicken license.
[Ord. No. 1332, 11-13-2025]
Within 10 working days of the receipt of a complaint, the Board of Health or its agent shall investigate the matter and provide a response to both the complainant and licensee.
[Ord. No. 1332, 11-13-2025]
A. 
After written notification from the Board of Health noting violations of these regulations, the licensee shall have 14 working days, or such time as noted in the notification, to correct such violations. Failure to correct such violations shall result in that person being subject to fines and penalties as outlined in these regulations.
B. 
After written notification from the City Clerk, any person housing or keeping chicken(s) without a license shall within seven days apply for a license or remove the chicken(s) from the premises until such time as a license is acquired.
C. 
Licenses issued may be revoked or suspended by the Board of Health if it is determined that:
(1) 
The presence of the animal(s) on the premises are dangerous to the public safety or health or a public nuisance;
(2) 
The animals are not properly cared for;
(3) 
Facts contained in the application or as represented by the licensee to the City Clerk are inaccurate;
(4) 
The licensee is keeping chickens in addition to those for which the license was issued.
D. 
The holder of any license thus revoked or suspended shall be notified of such action by certified mail. Any person so aggrieved may petition the Board of Health for a hearing at the next Board of Health meeting and may be permitted to the keeping of said animal(s), pending its finding.
E. 
The penalty for noncompliance with any of these rules and regulations shall be a fine of $5 for every day in which the violation exists.
[Ord. No. 1332, 11-13-2025]
A. 
Notwithstanding anything in these regulations to the contrary, any property owner who has obtained a special permit for the Community Development Board may continue to use said land for keeping of such animals.
B. 
In the event the Board of Health has reason to believe that the number of animals otherwise allowed to be kept by virtue of this Section 2 1/2-44 is creating a public nuisance and unsanitary condition or is otherwise a danger to the public health, the Board of Health, after written notice to the owner and a public hearing, may reduce the number of animals otherwise allowed to be kept by this Section 2 1/2-44 so as to cure such public nuisance, unsanitary condition or public health danger.