[Adopted 10-2-2012 by Ord. No. 886, approved 10-2-2012[1]]
[1]
Editor's Note: This ordinance provided an effective date
of 11-21-2012.
A.Â
Word usage. Words and phrases shall be presumed to be in their ordinary
context unless such word or phrase is defined differently within this
section.
B.Â
APPLICANT
CHICKEN
CHICKEN COOP (or COOP)
CHICKEN PEN (or PEN)
CO-PERMITTEE
DWELLING
PERMITTEE
RESIDENTIAL CHICKEN PERMIT
Terms defined. As used in this article, the following terms shall
have the meanings indicated:
A person who has applied for a residential chicken permit.
Poultry or fowl of the species Gallus gallus domesticus/G.gallus
domesticus. The species includes many different breeds of chicken.
A structure for sheltering of female (pullets or hens) chickens.
An existing shed or garage may be used for this purpose, provided
that it meets the standards for chicken coops set forth in this article.
A chicken coop shall be considered an accessory structure, which may
require separate permit(s).
An enclosure that is connected to/or surrounding a chicken
coop for the purpose of allowing chickens to leave the coop while
remaining in an enclosed predator-safe environment.
A lessee or tenant of a residential dwelling who has received
a residential chicken permit in conjunction with the properly owner
for the keeping of chickens.
A house, apartment building or other building, including
a mobile home, designed or used primarily for human habitation. The
word "dwelling" shall not include boardinghouses or rooming houses,
hotels, motels, tents, trailers, or any structure designed or used
for transient business.
A residential property owner who has received a residential
chicken permit for the keeping of chickens.
A permit issued under the provisions of this article for
the keeping of chickens as accessory to the primary residential use
on a property.
A.Â
The keeping of chickens, in accordance with the standards of this
article, shall only be permitted at a property on which a residential
dwelling is the primary use. The keeping of chickens shall be considered
a use accessory to the residential use.
B.Â
The following items generated by or kept in accordance with this
article shall not be offered for sale or sold:
A.Â
Chickens shall be housed in a chicken coop which has access to a
chicken pen. During nondaylight hours, chickens shall be secured in
the chicken coop.
B.Â
Construction and design of chicken coop. The chicken coop shall comply
with all applicable setback requirements for residential accessory
uses and structures. The coop shall be stationary, enclosed with solid
material on all sides and have a solid roof and door(s). The coop
shall be at least 18 inches high and provide at least 2.5 square feet
of floor area per chicken. The coop shall provide no less than one
square foot of window per coop, with at least one square foot of window
per 15 square feet of floor. In addition, the coop shall provide vents
as necessary to ensure adequate ventilation. The materials for each
element (walls, roof, windows and doors) shall be uniform and blend
with the surrounding area. Doors shall be constructed so that they
can close and lock. Windows shall be constructed so they can close.
Windows and vents shall be covered with wire mesh with a maximum spacing
of one inch by one inch. The coop shall be impermeable to rodents,
wild birds, dogs, cats and other predators. The coop shall provide
adequate shelter from moisture and extremes of temperatures. Existing
accessory structures may be used as chicken coops, provided they meet
standards set forth herein.
C.Â
Construction and design of chicken pen. The chicken pen shall be
constructed of wood or metal posts with wire mesh fencing material
(wire mesh with a maximum spacing of one inch by one inch). The pen
shall contain at least 10 square feet of area per chicken. The fence
shall rise at least four feet above the ground and be buried at least
one foot below the ground. The pen shall be covered with wire mesh,
aviary netting or solid roofing.
D.Â
Maintenance of chicken coop, chicken pen, and surrounding area. The
chicken coop, chicken pen, and surrounding area shall be kept clean,
dry, and odor-free, and in a neat and sanitary condition at all times.
All manure, uneaten feed, and other trash shall be removed in a timely
manner and disposed of by using an approved sanitary method, including
composting or double bagging manure and placing the manure in the
trash for collection. Under no circumstance shall chicken manure be
placed into the sanitary sewer system. The permittee and co-permittee
shall take any and all necessary action(s) to reduce the attraction
of predators and rodents and the potential infestation of insects
and parasites. Slaughter of chickens is permitted. If a chicken dies
it shall be disposed of in accordance with the Domestic Animal Law,
3 Pa.C.S.A. § 2301 et. seq.
E.Â
Living conditions. Chickens shall have access to feed and clean water
at all times, and such feed and water shall be inaccessible to rodents,
wild birds and predators. Chickens shall be provided adequate bedding
in the coop, and perches are encouraged.
A.Â
Any person who keeps chickens in the Borough of Shippensburg as an
accessory to a residential use shall obtain a residential chicken
permit from the Borough prior to acquiring the chicken(s). The residential
chicken permit application form shall be established by the Borough
Manager and may be amended from time to time. If the Borough Manager
or his designee determines that the residential chicken permit application
is administratively complete, the Borough Manager will issue a conditional
approval of the residential chicken permit application. After the
applicant receives conditional approval, the applicant must notify
the Borough Manager when the chicken coop and chicken pen have been
placed on the subject property and are ready for inspection. If, upon
inspection, the Borough Manager or his designee determines that the
chickens will be kept in compliance with the requirements of this
article, a final residential chicken permit shall be issued to the
applicant.
B.Â
Residential chicken permits shall only be valid for three years after
the date of issuance. A permittee and/or co-permittee who wishes to
continue keeping chickens shall apply for a new residential chicken
permit on or before the expiration date of the previous residential
chicken permit. Applications for a new residential chicken permit
shall be reviewed in accordance with the procedures and requirements
that are applicable at the time the person applies for a new residential
chicken permit. An inspection by the Borough will be required prior
to the residential chicken permit renewal, to ensure compliance with
the provisions of this article, which inspection is a condition precedent
to the issuance of a new residential chicken permit.
C.Â
Notwithstanding the issuance of a residential 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 residential chicken permit does not remove or supersede private
restrictions in effect. No person shall make application for a residential
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 residential 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.
A.Â
A residential chicken permit application shall be submitted on the
form established by the Borough Manager, and at a minimum shall contain
the following information:
(1)Â
A notarized signature of the landowner of the subject property;
(2)Â
The notarized signature of any lessee or tenant who will be responsible
for the keeping of chickens (co-permittee);
(3)Â
The address of the subject property;
(4)Â
A verification that, to the owner's knowledge, there is no private
restriction against the keeping of chickens;
(5)Â
A verification that the applicant is familiar with the requirements
set forth in this article for the keeping of chickens.
B.Â
The Borough Council shall from time to time establish by resolution
an application fee for the residential chicken permit application
for the keeping of chickens under this article. The application shall
be accompanied by the applicable fee.
C.Â
A separate permit may be required for all accessory structures associated
with the keeping of chickens.
A person engaged in the keeping of chickens on his/her property
shall comply with all of the following:
A.Â
Have been issued the residential chicken permit required under this
section.
B.Â
Keep no more than three female chickens.
C.Â
The principal use of the property must remain as a residential dwelling.
D.Â
No person shall keep a rooster(s).
E.Â
The chickens shall at all times be provided a chicken coop and chicken
pen in accordance with this article.
F.Â
A person shall not keep chickens in any location on the property
other than the rear yard. For the purpose of this ordinance, "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 single-family structure and extending to the side lot lines.
G.Â
Notwithstanding the applicable residential accessory setbacks, the
chicken coop and chicken pen shall be located no closer than 30 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.)
H.Â
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
rats, mice, or other rodents from gaining access to or coming into
contact with them.
I.Â
If the above requirements or any other requirements of this article
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.
J.Â
A person who has been issued a residential chicken permit shall make
such permit available for examination upon demand by any police officer,
Code Enforcement Officer, or authorized Borough of Shippensburg employee.
K.Â
Permittees and co-permittees shall be jointly and severally liable
for compliance with the provisions of this Code.
If the applicant obtained the residential chicken permit through
misrepresentations, fraud, or forgery, the permit shall automatically
become null and void.
A.Â
Compliance with the requirements of this article 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 Code. The residential chicken permit shall, however, be revoked
if the Code Enforcement Officer, in his/her sole discretion, determines
that the permittee or co-permittee is in violation of this article.
B.Â
Violation of the provisions of this article shall result in permit
revocation under this article and may result in the initiation of
the enforcement proceedings set forth in this article and in the assessment
of the penalties set forth in this article.
C.Â
Misrepresentation by a permittee or co-permittee shall result in
the subject permit being revoked, voided, or denied.
D.Â
If a violation of this article occurs, the Borough Manager is authorized
to order immediate removal of all disposal 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 the Code of the Borough
of Shippensburg.
E.Â
Any permittee or co-permittee who has a residential chicken permit
revoked, removed, or voided will not be eligible for consideration
for another residential chicken permit.
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 or results in a violation of Chapter 106 of the Code of the Borough of Shippensburg.[1]
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 Manager or his/her designee or the Code Enforcement
Officer, such aggrieved person may appeal the determination to the
Shippensburg Borough Council. 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 make a determination after considering
the written appeal or may 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.
A.Â
Any violation of this article may result in an action being brought
before a magisterial district judge in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. The fine for such violation shall not be less
than $100 nor more than $1,000 for each violation. A separate offense
shall arise for each day or portion of a day in which a violation
is found to exist, or for each section of this article which is found
to have been violated.
B.Â
This article may be enforced through an action in equity brought
in the Court of Common Pleas in which the subject property is located.
C.Â
Any person found guilty of violating this article may be assessed
court costs and reasonable attorney fees incurred by the Borough in
the enforcement proceedings brought in accordance with this article.