[HISTORY: Adopted by the Borough Council of the Borough of
Sewickley as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-21-1991 by Ord. No. 1119 (Ch. 2, Part 1, of the 1996 Code
of Ordinances)]
The Council finds that:
A.
Borough of Sewickley ("Borough") residents have, on numerous occasions,
complained of nuisances relative to animal defecation and other animal
activity carried out on public and private property.
B.
Nuisances of the foregoing type interfere with the normal use and
enjoyment of public and private property in the Borough.
C.
Regulations of such nuisances are necessary to protect the safety,
health and welfare of persons residing in, or visiting, the Borough.
D.
The Borough Code has vested the Council with the power to regulate
the foregoing pursuant to 8 Pa.C.S.A. § 1202(4), (5) and
(9).
Certain terms contained in this article are defined as follows:
Any dog, cat or other animal when it is off the property
of its owner and not restrained by the owner, keeper or another competent
person.
To apprehend, catch, trap, net or, if necessary, to kill
any animal by the local Police Department or authorized local agency.
Every person having a right of property in a dog or cat or
other animal and every person who controls, keeps or harbors such
dog or cat or other animal or has it in his or her care, and every
person who permits such dog or cat or other animal to remain on or
about any premises occupied by him or her.
When a dog or other animal is controlled by leash or chain
not exceeding six feet in length.
No person, whether as owner or keeper, shall permit his dog
to run at large upon the public streets, sidewalks or other public
places or upon the property of another. A dog shall be restrained
by the use of a leash or a chain not exceeding six feet in length
at all times when upon public places, streets and parks.
A.
No person shall keep or harbor any dog, cat or other animal in the
Borough so as to create offensive odors, excessive noise or unsanitary
conditions which are a menace to the health, comfort or safety of
the public or otherwise permit the commission or existence of a nuisance
as defined herein.
B.
Any dog, cat or other animal which, by frequent and habitual barking,
howling, screeching, yelping or baying or in any way or manner, disturbs
or endangers the comfort, repose or health of persons is hereby declared
to be committing a nuisance. No owner or person having the custody
of such animal shall harbor or permit it to commit such a nuisance.
C.
Any dog, cat or other animal which scratches, digs or defecates upon
the lawn, tree, shrub, plant, building or any other public or private
property, other than the property of the owner or person in charge
or control of such animal, is hereby declared to be a nuisance.
D.
No person being the owner or in charge of or in control of any dog,
cat or other animal shall permit such animal to commit a nuisance
on any school grounds, Borough park or other public property, or upon
private property other than that of the owner or person in charge
or in control of such dog, cat or other animal without the permission
of the owner of such property. Where the owner or person in charge
or control of such animal immediately removes all feces deposited
by such animal and disposes of same in a sanitary manner, such type
of nuisance shall be considered abated.
E.
Persons with defective eyesight or hearing, while relying upon a
dog specifically trained for these purposes, shall be exempt from
compliance with this section.
Every police officer or other authorized agency shall impound
every animal at large.
[Amended 2-19-1996 by Ord. No. 1159]
Any person violating any provision of this article shall be
fined $600 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 30 days. Each day that
a violation of this article continues shall constitute a separate
offense.
[Adopted 10-10-2023 by Ord. No. 1386]
The following terms, as used in this article, shall have the
meaning prescribed below:
A structure to house chickens that is properly ventilated
and designed to be protected from the weather, vermin, and predators.
Only female chickens.
All livestock or poultry generally found on farms and/or
considered to be agricultural commodities, including but not limited
to horses, donkeys, cattle, pigs, sheep, goats, alpacas, chickens,
turkeys, and other fowl, including ducks.
A male chicken.
A.
No farm animals shall be kept on less than two acres of land, except
the keeping of chickens shall be allowed upon approval by the Borough
subject to the standards set forth by this article.
B.
All farm animals kept within the Borough shall be confined to the
private property of the respective owner by use of fencing and/or
barriers sufficient to prevent the running at large or trespass of
farm animals on public or private property. Failure to confine farm
animals or prevent their escape from enclosures shall constitute a
violation of this article.
C.
All farm animals and the premises they are kept on shall be maintained
under orderly and sanitary conditions so that the keeping of farm
animals shall not become either a public or private nuisance due to
conditions including, but not limited to, damage to the property of
others, posing an attractive nuisance, an accumulation of feces, the
threat of disease, or a discernible increase in the presence of vermin,
odors, or noise.
D.
Any person wishing to engage in the keeping of chickens on less than
one acre of land pursuant to this article shall submit an application
to the Borough on a form to be provided, along with the application
fee of $20 or as otherwise established by resolution of the Council.
Approval of the application shall be subject to the following standards:
(1)
Chickens shall only be kept on a residential parcel in which there
is an occupied dwelling. No chickens shall be kept in townhouse communities,
condominiums, apartment complexes, or mobile home parks.
(2)
No person shall keep or maintain a rooster.
(3)
Chickens may be kept in the following numbers:
(a)
No chickens may be kept on any parcel smaller than 2,000 square
feet.
(b)
A maximum of four chickens may be kept on parcels smaller than
22,000 square feet and larger than 2,000 square feet.
(c)
A maximum of eight chickens may be kept on parcels smaller than
two acres and larger than 22,000 square feet.
(4)
If a parcel has more than one dwelling unit, all adult residents
and the owners of the parcel must consent, in writing, to allow chickens
on the property.
(5)
The chickens must be provided with a chicken coop that is properly
designed to be easily accessed, cleaned, and maintained. The chicken
coop must be at least three square feet per chicken.
(6)
All animal feed shall be stored in a secured, rodentproof container
and housed within an enclosed structure.
(7)
The chicken coop must be located at least 20 feet from any property
line. Multiple contiguous parcels under the same ownership shall be
treated as one.
(8)
During daylight hours, chickens must have access to the chicken coop
as well as an outdoor area that is adequately fenced to protect the
chickens from predators and to prevent the chickens from roaming onto
neighboring properties. Chickens must be closed in a chicken coop
from dusk to dawn.
The Borough hereby reserves the right to make such determinations
as may be necessary for the enforcement of this article, including,
but not limited to, interpretation of acceptable standards, finding
of violations, issuance of warnings, and the granting of exceptions
where sufficient evidence is presented to ensure that the intent of
this article to promote the health, safety, morals, general welfare,
cleanliness, beauty, convenience and comfort of the Borough and the
inhabitants thereof is not diminished.
The Borough has the right to revoke any prior approval upon
written notice of violation of this article. Any owner of any farm
animals kept within the limits of the Borough found to be violating
any of the provisions of this article shall, upon conviction thereof
before the District Magistrate, be sentenced to pay a fine of not
less than $50 nor more than $600, plus the costs of prosecution, and
in default of payment of such fine and costs, shall be subject to
imprisonment. Each day that a violation continues shall constitute
a separate and distinct offense.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of the
Borough that this article would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
Any ordinance containing provisions that are inconsistent with
the terms and provisions of this article is hereby repealed and superseded
to the extent that it conflicts herewith.
This article shall take effect immediately upon enactment as
provided by law. All existing owners of farm animals within the Borough
shall come into compliance with the terms of this article within 30
days of enactment, or within five days of receipt of a written notice
of noncompliance, as may be issued at the discretion of the Borough.
