Borough of Dravosburg, PA Control and Keeping

Any person who keeps chickens in the Borough of Dravosburg must first obtain a chicken permit from the Borough prior to acquiring the chicken(s) and/or constructing the coop or pen. Every Borough resident who currently has chickens must apply for and be approved for a permit in order to keep the chickens they currently have, with up to a maximum of three chickens. The chicken permit application shall be on a form established by Borough Council and/or the Borough Code Enforcement Officer and may be amended from time to time. If the Borough Code Enforcement Officer or designee determines that the chicken permit application is administratively complete, the Borough Code Enforcement Officer will issue a conditional approval of the chicken permit application. After the applicant receives conditional approval, the applicant must notify the Borough Code Enforcement Officer when the chicken coop and chicken pen have been placed on the subject property and are ready for inspection. If, upon inspection, the Borough Code Enforcement Officer or his/her designee determines that the chickens will be kept in compliance with the requirements of this section, a final chicken permit shall be issued to she applicant. All permit applications must be filed with the Borough no later than the effective date of this section. Following the effective date of this section, it shall be a violation of this section to obtain or house chickens in the Borough of Dravosburg, except those individuals who previously obtained the necessary permit to house up to three chickens.

Chicken permits shall only be valid for one year after the date of issuance. A permittee and/or co-permittee who wishes to continue keeping chickens shall apply for a new chicken permit on or before the expiration date of the previous chicken permit. Applications for a new chicken permit shall be reviewed in accordance with the procedures and requirements that are applicable at the time the person applies for a new chicken permit. An inspection by the Borough Code Enforcement Officer will be required prior to the chicken permit renewal, to ensure compliance with the provisions of this section, which inspection is a condition precedent to the issuance of a new chicken permit.

Notwithstanding the issuance of a chicken permit by the Borough, private restrictions on the use of land/property shall remain enforceable as provided by law and the Borough's issuance of a chicken permit does not remove or supersede private restrictions in effect. No person shall make application for a chicken permit who knows, or has reason to know, that private restrictions prohibit the keeping of chickens. Private restrictions include, but are not limited to: rental contracts, deed restrictions, condominium master deed restrictions, neighborhood associations' bylaws, and covenant deeds. A chicken permit issued to a person whose property is subject to private restrictions that prohibit the keeping of chickens is void. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.

(8)

Application requirements, process and procedure. A chicken permit application shall be submitted on the form established by the Borough Council and/or Borough Code Enforcement Officer and at a minimum shall contain the following information:

A notarized signature of the landowner of the subject property.

The notarized signature of any lessee or tenant who will be responsible for the keeping of the chickens (co-permittee).

The address of the subject property.

(d)

A verification that, to the owner's knowledge, there is no private restriction against the keeping of chickens.

(e)

A verification that the applicant is familiar with and agrees to be bound by the requirements set forth in this section for the keeping of chickens.

(9)

Application fee. The Borough Council shall from time to time establish by resolution an any increase or decrease for the chicken permit application for the keeping of chickens. The application shall be accompanied by the applicable fee, and the application will not be processed until the fee has been paid. The initial fee for the application is set at $30. Thereafter, the application fee may be amended from time to time at the discretion of Borough Council.

(10)

Responsibilities of permittee and co-permittee. A person engaged in the keeping of chickens on his/her property shall comply with all of the following:

Such person shall have been issued the chicken permit required under this section.

Such person shall keep no more than three female chickens.

No person shall keep a rooster.

(d)

The chickens shall at all times be provided a chicken coop and chicken pen in accordance with this section.

(e)

A person shall not keep chickens in any location on the property other than the rear yard. For the purpose of this section, "rear yard" 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 structure and extending to the side lot lines.

(f)

Notwithstanding the applicable residential accessory setbacks, the chicken coop and chicken pen shall be located no closer than 25 feet to any residential structure on an adjacent property. For the purposes of this section, "adjacent property" means all parcels of property that the applicant's property comes into contact with at one or more points, except for parcels that are legally adjacent to, but are in fact separated from, the applicant's property by a public or private street.

(g)

All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or infected by rats, mice, or other rodents shall be protected so as to prevent rates, mice or other rodents from gaining access to or coming into contact with them.

(h)

If the above requirements or any other requirements of this section are not complied with, the Code Enforcement Officer may revoke any permit granted under this section and/or initiate appropriate actions at law or equity to abate or restrain the violation.

(i)

A person who has been issued a chicken permit shall make such permit available for examination upon demand by any police officer, the Borough Code Enforcement Officer, the Borough Secretary or any other employees of the Borough of Dravosburg.

(j)

Permittees and co-permittees shall be jointly and severally liable for compliance with the provisions of this section.

(11)

Permit revocation; removal of items.

Compliance with the requirements of this section shall create a presumption that the permitted keeping of chickens does not create a public nuisance or threat to public health or safety under the nuisance provisions of this section or any other applicable Borough ordinance.

Violation of the provisions of this section shall result in the revocation of the permit and may result in the initiation of the enforcement proceedings and the assessment of the penalties described herein.

Misrepresentation by a permittee or co-permittee shall result in the subject permit being revoked, voided or denied.

(d)

If a violation of this section occurs, the Borough Code Enforcement Officer is authorized to order the immediate removal of all disposable items associated with the keeping of chickens. Stationary structures associated with the keeping of chickens may remain, provided the structure is not creating a nuisance and is not in violation of any provision of this section.

(e)

Any permittee or co-permittee who has a chicken permit revoked, removed, or voided will not be eligible for consideration for another chicken permit in the future.

(12)

Permits obtained through misrepresentation, fraud or forgery. If the applicant obtained the chicken permit through misrepresentation, fraud or forgery, the permit shall automatically become null and void. Such a determination shall be made by the Borough Code Enforcement Officer and the determination of the Borough Code Enforcement Officer shall be considered final.

(13)

Nuisance prohibited. The permitted keeping of chickens shall be conducted in a manner that does not disturb the use or enjoyment of adjacent properties. Odor generated by the chickens shall not be perceptible at the property boundaries, and noise generated by the chickens shall not disturb people of reasonable sensitivity at the property boundaries. A permittee or co-permittee shall not, under any circumstance, keep chickens in a manner which constitutes a public nuisance.

(14)

Appeal process. If any applicant, permittee, co-permittee or landowner adjacent to a permitted chicken coop or chicken pen is aggrieved by the determination of the Borough Code Enforcement Officer or his/her designee, such aggrieved person may appeal the determination to the Borough Council of the Borough of Dravosburg. The appeal shall be in writing and must be received at the Borough Office no later than 20 days from the date of the determination of which such person(s) are aggrieved. A timely appeal shall stay any order to remove chickens until the determination of the appeal, unless the order specifies that it was issued due to the keeping of chickens causing an immediate public health or safety hazard. The written appeal must describe in detail the reason for appeal. The Borough Council may then notify the aggrieved person of when the matter will be considered by Council at a public meeting. Any decision of Council shall be final and binding.

(15)

When effective, housing of chickens after effective date.