[Ord. 579, 10/12/1976, § 1]
It shall be unlawful for any owner of a dog or cat or any person
in control of a dog or cat, to permit a dog or cat to run at large
within the Borough to the annoyance and inconvenience of the residents
of the Borough, or of any pedestrian, or any operator of a motor vehicle
using any street in the Borough.
[Ord. 579, 10/12/1976, § 2; as amended by Ord.
621, 12/14/1983]
The Borough police, any officer or agent of the Humane Society,
or any other person authorized by the Borough are hereby empowered
to take possession of or to seize, on public or private property,
any such dogs or cats permitted to run at large to the annoyance of
the residents of the Borough, or to pedestrians, or operators of motor
vehicles using the streets in the Borough.
[Ord. 579, 7/12/1976, § 3]
Any dog or cat found running at large upon public or private
property, or upon any street in the Borough may be seized or taken
by any Borough policeman, by any Humane Society officer, or by any
other person authorized by the Borough, and impounded in the Beaver
County Humane Society Animal Shelter. If the owner of the animal is
known or may be identified, that owner shall be given notice to reclaim
the animal within 24 hours after receipt of the notice, and he shall
be allowed to reclaim the animal after paying a penalty to the Beaver
County Humane Society in the amount of $10. If the dog or cat is not
reclaimed or if the penalty is not paid, both within the twenty-four
hour period after receipt of notice as provided above, the dog or
cat may be killed in a humane manner or sold to a person or persons
who may desire to purchase the animal, the purchaser price to be to
and for the benefit of the Borough.
[Ord. 579, 10/12/1976, § 4]
[Ord. 579, 10/12/1976, § 5]
It shall be unlawful for any person to permit any dog or cat
within his control to deposit on any public property or upon any private
property, without the consent of the owner of the property, any animal
waste or feces. Permitting the deposit of waste or feces by any animal
shall constitute a public nuisance. Where the owner or other person
in control of the animal immediately removes all feces deposited by
the animal upon private property and in a sanitary manner disposes
of the feces that nuisance as to that owner shall be considered abated.
[Ord. 579, 10/12/1976, § 6; as added by Ord. 593,
9/12/1978, § 1]
It shall be unlawful for any person, firm or corporation to
keep, own, harbor, maintain or possess any dog which barks repeatedly
in an area where its barking disturbs the quiet of the neighborhood
and is a continuous annoyance to the residents of that neighborhood.
[Ord. 579, 10/12/1976, § 7; as added by Ord. 593,
9/12/1978, § 1; and by Ord. 621, 12/14/1983]
Any person, firm or corporation who shall violate any provision
of this Part 1 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300; and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this Part 1 continues
shall constitute a separate offense.
[Ord. 579, 10/12/1976, § 8; as added by Ord. 593,
9/12/1978, § 1]
[Ord. No. 832, 10/10/2017]
The purposes of this Part are to safeguard public health, safety
and general welfare, by regulating the keeping of chickens.
[Ord. No. 832, 10/10/2017]
As used in this Part, the following words and phrases shall
have the meanings specified:
The Borough of Beaver.
A member of the subspecies Gallus gallus domesticus, a domesticated
fowl. This definition shall not be construed to include any species
of turkey, duck, guinea fowl, goose or other fowl.
The Code of Ordinances of the Borough.
A female of the species Gallus gallus domesticus.
A structure with four walls and a roof, intended for the
containment, shelter and protection of chickens.
The person occupying or using a property.
The person having legal title to a property.
Any individual, partnership, corporation, limited liability
company, association, institution, or any other entity which is recognized
by law as the subject of rights and duties. The term "person" shall
include the officers and directors of any corporation or other legal
entity having officers and directors.
Any tract or parcel of land within the Borough.
A male member of the species Gallus gallus domesticus.
[Ord. No. 832, 10/10/2017]
2.
Noncommercial Use Only. A person shall not engage in chicken breeding,
sales or fertilizer production for any commercial purpose.
3.
Enclosures.
A.
Chickens must be kept in a secure enclosure or fenced area at all
times. Chickens shall be secured within a henhouse during nondaylight
hours.
B.
Enclosures must be kept in a clean, dry, odor-free, neat and sanitary
condition at all times.
C.
Henhouses must provide adequate ventilation and adequate sun and
shade and must be impermeable to rodents, wild birds and predators,
including dogs and cats.
D.
Henhouse Design and Construction.
(1)
Henhouses shall be designed to provide safe and healthy living
conditions for the chickens with a minimum of four square feet per
bird while minimizing adverse impacts to other residents in the neighborhood.
(2)
A henhouse shall be enclosed on all sides and shall have a roof
and doors. Access doors must be able to be shut and locked at night.
Opening windows and vents must be covered with predator- and bird-proof
wire of less than one-inch openings.
(3)
The materials used in making a henhouse shall be uniform for
each element of the structure such that the walls are made of the
same material, the roof has the same shingles or other covering, and
any windows or openings are constructed using the same materials.
The use of scrap, waste board, sheet metal, or similar materials is
prohibited. Henhouses shall be well maintained.
(4)
Henhouses shall only be located to the rear of a dwelling.
(5)
Henhouses must be located at least 10 feet from the property
line and at least 25 feet from any adjacent building in separate ownership
from the keeping person.
(6)
Any enclosed henhouse shall consist of sturdy wire fencing.
The pen must be covered with wire, aviary netting, poultry netting
or solid roofing. The wire must have openings of 1/2 inch or less.
[Ord. No. 832, 10/10/2017]
Odors from chickens, chicken manure or other chicken-related
substances shall not be perceptible beyond the boundaries of the property
where kept. Noise from chickens shall not be loud enough beyond the
boundaries of the property to disturb persons of reasonable sensitivity.
[Ord. No. 832, 10/10/2017]
A person shall take necessary action to reduce the attraction
of predators and rodents and the potential infestation of insects
or parasites.
[Ord. No. 832, 10/10/2017]
Chickens shall be provided with access to feed and clean water
at all times. The feed and water shall be unavailable to rodents,
wild birds and predators.
[Ord. No. 832, 10/10/2017]
All stored manure shall be covered by a fully enclosed structure
with a roof or lid over the entire structure, or garbage cans with
tight-fitting lids. No more than three cubic feet of manure shall
be stored on the permitted tract of land. All manure not used for
composting or fertilizing shall be removed from the site or incorporated
into a garden area. The henhouse and surrounding area must be kept
free from trash and accumulated droppings. Uneaten feed shall be removed
in a timely manner.
[Ord. No. 832, 10/10/2017]
No owner shall allow chickens to roam off the property where
being kept.
[Ord. No. 832, 10/10/2017]
1.
It shall be unlawful for any person to keep chickens in violation
of any provision of this Part.
2.
It shall be unlawful for any owner of rental property, renter or
leaseholder of property to allow chickens to be kept on any property,
except where the owner of the chickens is also the resident and owner
of the property upon which the chickens are kept.
3.
No person shall slaughter any chickens within the Borough limits
except as said activity may be provided for under industrial uses
and districts within the zoning ordinance.
4.
No person shall keep a rooster.
5.
No person shall keep chickens on a vacant or uninhabited tract of
land.
6.
No chickens shall be kept within the Borough limits except as provided
under this Part.
[Ord. No. 832, 10/10/2017]
1.
The Borough shall be entitled to recover from the person or persons
responsible for a violation all expenses paid or incurred by the Borough
relating to the abatement thereof and the enforcement of this Part.
Such expenses shall include (but not be limited to):
A.
Costs of inspections or investigations.
B.
Costs of preparing and mailing notices, orders or other documents.
C.
Other costs of abatement.
D.
Attorney's fees relating to preparation for and attendance at
any legal proceeding.
E.
Court costs.
F.
Such other or additional costs provided by state law for the collection
of municipal claims, by means of liens upon property, or by civil
court action, as the Borough may see fit.
[Ord. No. 832, 10/10/2017]
Any violation of the terms of this Part that constitutes a health hazard, or that may interfere with the undisturbed use or quiet enjoyment of neighboring property, is a nuisance and may be abated under the general nuisance abatement provisions of the Pennsylvania Borough Code, or Chapter 6, Part 4, of this Code with Borough remedies and enforcement costs as provided for therein.
