[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,[1] 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.
[1]
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:
A.
Noises made by farm animals located on farms that constitute agricultural
operations protected from nuisance suits by the Right to Farm Law[1] 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.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
B.
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.
C.
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."
A.
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.
B.
Application. In order to obtain a permit, an applicant shall submit
an application on the forms provided by the Borough office.
C.
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.
D.
Permit requirements. In order for a permit to be issued, the following
requirements must be met:
E.
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.
F.
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:
(1)
Any false statements on any application or other information required
to be given by the applicant or permit holder.
(2)
Failure to pay any fee or penalty required by this article or resolution
of Borough Council.
(3)
Failure to correct deficiencies noted in violation notices within
the time specified in such notice.
(4)
Failure to comply with any provision of this article.
G.
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.
H.
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.
I.
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 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.
A.
Chickens must be kept in a coop, enclosure or fenced area at all
times.
B.
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.
C.
Coops, enclosures and fenced areas shall be kept in a clean, dry,
odor-free, neat and sanitary condition at all times.
D.
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.
A.
The control and safety of chickens at all times shall be the responsibility
of the permittee.
B.
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.
C.
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.
D.
Chickens shall not be permitted to roam off of the permitted tract
of land.
E.
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.
F.
Dead chickens shall be removed and disposed of in accordance with
Borough ordinances immediately upon discovery.
G.
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.
A.
The following acts shall be deemed to be violations of this article:
(1)
The keeping of chickens without a permit or the keeping of chickens
in violation of any provision of this article.
(2)
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.
(3)
Keeping chickens inside of any dwelling unit.
(4)
The slaughtering of chickens.
B.
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.
