[HISTORY: Adopted by the Borough Council of the Borough of Jacobus as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-1-2003 by Ord. No. 2003-160 (Ch. 2, Part 1, of the 1984 Code of Ordinances)]
Uncontrolled or excessive noise from animals is detrimental to the physical, mental and social well-being of the residents of Jacobus Borough. Uncontrolled and incessant barking of dogs or the making of noises from other animals can result in stress to people who are within audible range of such noise. Such stress can and does adversely affect the health of such individuals and interferes with the peaceable enjoyment of the property on which they reside. The purpose of this article, adopted under § 1202 of the Borough Code, is to promote the public health, safety and welfare by making it unlawful to permit an animal to create such an offensive situation by barking or otherwise creating detrimental noise.
Editor's Note: See 53 P.S. § 46202.
It shall be considered a nuisance when a person, firm, partnership, corporation or association, whether incorporated or unincorporated, whether an owner, tenant, possessor or occupier of real property, owns, controls, possesses, harbors or causes any animal or fowl which barks, bays, cries, squawks or makes such other noise repeatedly and consistently and/or intermittently for an extended period of time and which annoys or disturbs a reasonable person of normal sensitivities.
The Borough, prior to taking any enforcement action hereunder, shall investigate or cause to be investigated any alleged nuisance, as defined herein. If a nuisance, as described herein, is determined to exist, the Borough may proceed in accordance with § 75-5 hereunder.
The following shall not be considered a violation of this article:
Noises made by farm animals located on farms that constitute agricultural operations protected from nuisance suits by the Right to Farm Law or any similar legislation now in force or hereinafter enacted to protect farm operations from legal actions that have the effect of restricting lawful agricultural operations.
Editor's Note: See 3 P.S. § 951 et seq.
Barking or other noises made by dogs or other animals in response to a person who is trespassing upon private property in or upon which the animal is lawfully situated or if the noise is made in response to an unlawful physical assault upon the dog or other animal or upon a person lawfully on the property on which the dog or other animal is situated. By way of illustration, but not limitation, this exception does not apply to noises made in response to a person walking, running or being present on a sidewalk intended for the public or within the public right-of-way of any road, regardless of whether the animal may perceive the presence of such person as being intrusive or alarming.
Barking or other noises made by dogs or other animals located in a kennel, veterinarian's office or other similar lawful place of business, provided that the operator of the facility has adopted and implemented reasonable policies to avoid adverse impacts to the occupants of neighboring properties, such as, by way of illustration, but not limitation, installing or constructing buffers between the location of the animals and affected neighboring properties, the placement of loud animals indoors or the refusal to accept, on other than an emergency basis, animals which have previously created noise problems for the operator.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any person who shall violate the provisions of this article shall be subject to a summary criminal proceeding before the Magisterial District Justice as provided by the Pennsylvania Rules of Criminal Procedure, as may be amended from time to time. Upon a finding of a violation, a fine of not less than $450 nor more than $1,000, plus costs of prosecution, including court costs and reasonable attorney fees incurred by the Borough to prosecute the violation, shall be imposed, and such person may be subject to imprisonment of up to 15 days in the event such fines and costs are unpaid. Each day that such noises occur shall constitute a separate violation of this article.
The provisions of this article shall be enforced by the Jacobus Borough Zoning Officer, Jacobus Borough Animal Enforcement Officer, any Jacobus Borough official appointed from time to time by resolution of the Borough Council, or by any police officer having authority within Jacobus Borough.
[Adopted 11-6-2013 by Ord. No. 2013-5]
This article shall be known and referred to as "the Jacobus Chicken Ordinance."
Permit. No person, corporation, limited-liability company, partnership or other entity shall raise, harbor or keep chickens within the Borough without having first obtained a valid permit to do so from the Borough.
Application. In order to obtain a permit, an applicant shall submit an application on the forms provided by the Borough office.
Fees. An applicant for a permit shall pay, in full, a fee for such permit, which fee shall be set by resolution of Borough Council from time to time.
Permit requirements. In order for a permit to be issued, the following requirements must be met:
Issuance of permit. The Borough shall issue a permit within 15 days of receipt of the application and all requirements having been met. A Borough representative shall have the authority to inspect the subject property prior to issuance or renewal of a permit.
Denial, suspension, revocation or nonrenewal. The Borough may deny, suspend, revoke or decline to renew any permit issued hereunder for any of the following reasons:
Any false statements on any application or other information required to be given by the applicant or permit holder.
Failure to pay any fee or penalty required by this article or resolution of Borough Council.
Failure to correct deficiencies noted in violation notices within the time specified in such notice.
Failure to comply with any provision of this article.
Notification. A decision to revoke, suspend, deny or not renew a permit shall be in writing, delivered by ordinary mail or in person to the address indicated on the application. Such notice shall state the reasons for the action.
Effect of revocation. When a permit is revoked, an applicant may not reapply for a new or reissued permit for a period of two years from the date of revocation.
Appeals. The revocation, suspension, denial or decision not to renew a permit may be appealed in writing to the Borough Council within 30 days of such action. The appeal shall be heard at the next regularly scheduled meeting of Borough Council following receipt of the written appeal. The written appeal shall set forth the basis for such appeal. A written decision of Borough Council shall be issued within 30 days of hearing the appeal and such decision shall be deemed final and binding.
Chickens shall be permitted within any zoning district at residentially used parcels, subject to § 75-8D(3) above. The keeping of chickens on any residential parcel containing one acre or more and any nonresidential parcel shall be governed by the Borough Zoning Ordinance.
Chickens kept under this article may be kept for personal use and consumption only and permittees shall not engage in any commercial sales, breeding or other endeavor with regard to the chickens permitted hereunder; provided, however, that permittees may sell surplus eggs produced by chickens.
Chickens must be kept in a coop, enclosure or fenced area at all times.
All chicken coops, enclosures or fenced area containing the chickens shall be at least 15 feet from any property line. No chicken coops, enclosures or fenced areas shall be permitted in the front yard of any lot.
Coops, enclosures and fenced areas shall be kept in a clean, dry, odor-free, neat and sanitary condition at all times.
Coops and enclosures shall provide adequate ventilation and adequate sun/shade and must be reasonably impermeable to rodents, wild birds and predators, including dogs, cats, raccoons, etc.
The control and safety of chickens at all times shall be the responsibility of the permittee.
Chickens shall be provided with access to feed and clean water at all times. Feed and water shall be unavailable to rodents, wild birds and predators. Uneaten food shall be removed in a timely manner.
Manure shall be stored in a fully enclosed structure or watertight container. No more than three cubic feet of manure may be stored on a permitted tract of land. However, manure may be used as fertilizer. Any manure not used as fertilizer or in excess of the amount permitted to be stored shall be removed. The coop, enclosure, fenced area and surrounding area shall be kept free of trash and accumulated feces.
Chickens shall not be permitted to roam off of the permitted tract of land.
Permittee shall take action necessary to reduce the attraction of rodents and predators and the potential infestation of insects and parasites. Permittee shall remove or have treated any chickens found to be infested with parasites or insects or sick.
Dead chickens shall be removed and disposed of in accordance with Borough ordinances immediately upon discovery.
The permittee shall not allow the permittee's chickens to roam off of the permitted tract of land. No dog, cat or other domesticated animal which kills a chicken off the permitted tract of land shall, for that reason alone, be considered a dangerous or aggressive animal.
The following acts shall be deemed to be violations of this article:
The keeping of chickens without a permit or the keeping of chickens in violation of any provision of this article.
Permitting any owner, renter, lessee or other occupant of a property to allow chickens to be kept on a property in violation of this article.
Keeping chickens inside of any dwelling unit.
The slaughtering of chickens.
Any person who shall violate the provisions of this article shall be subject to a summary criminal proceeding before the magisterial district justice as provided by the Pennsylvania Rules of Criminal Procedure, as may be amended from time to time. Upon a finding of a violation, a fine of not less than $450, nor more than $1,000, including court costs and reasonable attorney fees incurred by the Borough in prosecution of the violation, shall be imposed, and such person may be subject to imprisonment of up to 15 days in the event such fines and costs are unpaid. Each day that such violation continues shall constitute a separate violation of this article.