[Ord. No. 1263, 5-23-2023]
(a)
No person shall keep within the limits of the City of Pittsfield,
in any building, or on any premises of which they are the owner, lessee,
tenant, or occupant, any chickens on a parcel of land, without first
obtaining a license from the City Clerk.
(b)
Licenses for keeping poultry shall be issued for up to a maximum
of six chickens. Licenses shall be neither transferable as to other
animals nor assignable for the use of other persons nor as to the
use of other premises.
(c)
This does not include the properties that meet the agricultural
exemptions of MGL c. 40A, § 3.
[Ord. No. 1263, 5-23-2023]
(a)
Any person who wishes to apply for a license shall supply the
following information:
(1)
A written application on a form provided by the
City Clerk.
(2)
Include a sketch in where the hen house, coop and enclosures will be located in relation to habitable buildings and property lines to demonstrate compliance with the setbacks required by Section 2 1/2-41(h) below.
(b)
If a license is issued it shall be issued to the owner of the
property or the tenant of the property with the written permission
of the owner.
(c)
The burden shall be upon the applicant to establish that the
granting of such a license shall not be detrimental in any way to
the public welfare and would not endanger the safety or health of
the community.
(d)
The City Clerk shall act on the completed application within
15 working days. Notice of the Clerk's decision shall be mailed
to the applicant within 10 working days of the decision.
(e)
It shall be the responsibility of the applicant to obtain all
necessary permits for the henhouse or coop and for fencing. The issuance
of such a license does not in any way relieve the licensee of the
necessity to comply with other laws and regulations concerning zoning,
construction, etc.
[Ord. No. 1263, 5-23-2023]
As used in this article, the following terms shall have the
meanings indicated:
An area outside of a pen or henhouse that is enclosed at
ground level up to six feet or more by a fence, wall, or other barrier
preventing chickens from leaving the subject property. Fences must
be installed in accordance with applicable zoning requirements.
A female chicken. "Chicken" may also be used to refer to
hens.
A structure designed to house hens.
A completely enclosed outdoor area, including aviary netting
or other predator-proof material across the top of the pen designed
to allow hens access to the outdoors while providing protection from
predators.
Any unwanted animal that would seek access to hen feed, such
as mice or rats.
Any creature that would seek to harm or consume hens.
A male chicken.
[Ord. No. 1263, 5-23-2023]
License application fees for chicken licenses shall be $25.
Licenses must be renewed annually at the City Clerk's Office
on or before December 31. The annual renewal fee shall be $10.
[Ord. No. 1263, 5-23-2023]
(a)
The licensee shall comply with the Pittsfield Health Department
Safety Guidelines for Live Poultry:
(1)
Children younger than five years old should not
touch live poultry without adult supervision.
(2)
Areas where poultry roam freely should be considered
contaminated.
(3)
Remove all contaminated clothing and shoes prior
to entering the house.
(4)
Wash hands thoroughly with soap and water immediately
after touching live poultry and after removing soiled clothes and
shoes.
(5)
Adults should supervise hand washing for young
children.
(6)
Clean equipment and materials associated with raising
or caring for live poultry such as cages, feed containers, outside
the house.
(b)
The keeping of hens as pets and for egg production in a residential
zone shall be solely for noncommercial use.
(c)
Rooster(s) or crowing hen(s) are not permitted in a residential
zone.
(d)
Hens shall not be kept in any residence or part thereof intended
for human habitation.
(e)
The keeping of hens for meat production and on-site slaughtering
shall not be allowed.
(f)
Hens shall remain within a henhouse, coop, pen, or within a
fenced in area at all times and shall not be allowed to trespass off
the property and run at large.
(g)
Henhouses/coops shall provide a minimum of three square feet
of space per animal, shall be lined with organic bedding material
(e.g., hay, litter, sawdust, etc.,) and shall provide sufficient ventilation.
Pens/enclosures shall provide eight square feet of fully enclosed
space per animal.
(h)
Coops and enclosures must be located a minimum of 20 feet from
any habitable building, or habitable portion of a building, 40 feet
from any habitable building on an adjoining lot, 40 feet from any
wellheads or open bodies of water, and 10 feet from property lines.
Coops and enclosures must conform to all regulations pertaining to
accessory buildings.
(i)
The number of hens kept in residential zones shall be limited
to no more than six animals.
(j)
Feed shall be stored indoors in secured containers to prevent
the intrusion of rodents and non-household animals. In addition, any
feed left over from feeding must be disposed of prior to dusk so that
it is not accessible to rodents and/or other pests.
(k)
Refuse from the hens (inclusive of feces, bedding materials
and associated debris) shall be taken to a regulated sanitation facility
for disposal on a weekly basis. The use of chicken feces as a composting
material is allowed for the applicants own use, but is not allowed
to be stored or accumulated on the property. The use of chicken manure
as composting material shall be discontinued if noxious odors are
reported and substantiated by the Board of Health.
(l)
The coop and enclosure and hens therein shall not disturb neighboring
residents due to noise, odor, damage or threats to public health.
Coops and enclosures shall be constructed and maintained in a safe
and sanitary condition.
(m)
The Board of Health, upon notification of noise, noxious odors,
or any condition affecting the health and public safety of the residents
of the neighborhood, shall have the right to, upon notice to the property
owner, schedule and hold a public hearing to review and if determined
to be in the best interest of the community revoke the chicken license.
[Ord. No. 1263, 5-23-2023]
Within 10 working days of the receipt of a complaint, the Board
of Health, or its agent, shall investigate the matter and provide
a response to both the complainant and licensee.
[Ord. No. 1263, 5-23-2023]
(a)
After written notification from the Board of Health noting violations
of these regulations, the licensee shall have 14 working days, or
such time as noted in the notification, to correct such violations.
Failure to correct such violations shall result in that person being
subject to fines and penalties as outlined in these regulations.
(b)
After written notification from the City Clerk, any person housing
or keeping chicken(s) without a license shall within seven days apply
for a license or remove the chicken(s) from the premises until such
time as a license is acquired.
(c)
Licenses issued may be revoked or suspended by the Board of
Health if it is determined that:
(1)
The presence of the animal(s) on the premises are
dangerous to the public safety or health or a public nuisance;
(2)
The animals are not properly cared for;
(3)
Facts contained in the application or as represented
by the licensee to the City Clerk are inaccurate;
(4)
The licensee is keeping chickens in addition to
those for which the license was issued.
(5)
The holder of any license thus revoked or suspended,
shall be notified of such action by certified mail. Any person so
aggrieved may petition the Board of Health for a hearing at the next
Board of Health meeting and may be permitted to the keeping of said
animal(s) pending its finding.
(6)
The penalty for noncompliance with any of these
Rules and Regulations shall be a fine of $5 for every day in which
the violation exists.
[Ord. No. 1263, 5-23-2023]
(a)
Notwithstanding anything in these regulations to the contrary,
any property owner who has obtained a special permit for the Community
Development Board may continue to use said land for keeping of such
animals.
(b)
In the event the Board of Health has reason to believe that the number of animals otherwise allowed to be kept by virtue of this Section 2 1/2-44 is creating a public nuisance, and unsanitary condition or is otherwise a danger to the public health, the Board of Health, after written notice to the owner and a public hearing, may reduce the number of animals otherwise allowed to be kept by this Section 2 1/2-44 so as to cure such public nuisance, unsanitary condition or public health danger.
