Donora advances ordinances regulating livestock

They would address a longrunning issue in the borough if they’re approved next month.

Donora is one step closer to taking another crack at regulating backyard chickens, ducks and goats.

Three years after a similar proposal stalled under a previous administration, council unanimously advanced two new ordinances Thursday that would put rules in place for residents who keep the animals.

The issue returned to council’s attention this summer after renewed complaints about a Second Street Extension property where a resident was keeping chickens, ducks, goats and other animals.

No public comment was offered on either ordinance Thursday, although residents have previously spoken about the proposals.

Both passed unanimously on their first readings.

Before the votes, Solicitor Steve Toprani reviewed some of the limits residents would face if the ordinances are ultimately adopted.

In R1-B and R1-C one-family residential districts, a property could have up to four hens, two ducks and two miniature, pygmy or Nigerian Dwarf goats.

Roosters would be prohibited. The limits would be cumulative for each qualifying property and could not be increased based on the number of residents, owners or occupants living there.

The two measures go hand in hand, with one amending the borough’s zoning ordinance to establish where limited residential animal keeping would be permitted and the other setting rules for how those animals are kept, maintained and controlled.

The zoning amendment would not extend the same authorization to R2 two-family or R3 multiple-family residential districts.

Together, the ordinances address a distinction borough officials made when the issue resurfaced earlier this year between zoning, property maintenance and regulating the activity itself.

At the time, Council President Casey Perrotta said the borough had no zoning district specifically designated for farms and considered keeping farm animals on the Second Street Extension residential property a nonconforming use as far as zoning was concerned.

But without an ordinance specifically regulating backyard livestock, Perrotta said zoning alone did not give the borough an effective way to address potential problems.

Toprani explained during those earlier discussions that property maintenance, zoning and regulating an activity are separate issues. Property maintenance problems could already be addressed through borough code, while an ordinance governing backyard livestock would regulate the activity of keeping the animals.

The age of Donora’s zoning ordinance further complicates the issue.

The ordinance dates to 1963, and Perrotta said in July that it is badly outdated. A comprehensive rewrite, however, would require assistance from planning consultants and an active planning commission.

The proposed zoning amendment, instead, would specifically define limited, non-commercial residential animal keeping as an accessory use and spell out where it is allowed.

The regulations are intended for non-commercial animal keeping for personal, household, educational or recreational purposes.

Commercial breeding, livestock or poultry production, boarding, slaughtering and other commercial animal operations would not be permitted under the residential provisions.

The second ordinance deals with what residents would be required to do once their animals are permitted under the zoning rules.

Residents keeping poultry or goats would be required to register the animal-keeping location with the borough and provide information including the owner’s name, property address, number and type of animals and a description of their enclosure.

The borough could also require annual confirmation of that registration.

The ordinance establishes standards for coops, pens, shelters, runs, fencing and other enclosures. They would have to be structurally sound, maintained in good repair and sufficient to prevent animals from escaping while providing adequate protection from weather, along with ventilation, food and clean water.

Any structures requiring zoning or building approval would still need the appropriate permits.

Animal owners would also be responsible for keeping their property clean and sanitary.

Manure, bedding, feathers, feed waste and other animal-related waste would have to be removed frequently enough to prevent offensive odors, rodents, insects, flies, runoff onto neighboring properties or other public-health nuisances.

Noise is also addressed. Animals could not be maintained in a way that creates unreasonable, excessive, continuous or repeated noise that substantially interferes with a neighbor’s reasonable use and enjoyment of their property.

The ordinance would also prohibit animals from running at large and require owners to maintain fencing, enclosures or other controls sufficient to keep them on their property.

Poultry identification is another component of the proposal.

The borough could require chickens, hens and ducks to wear approved bands or other identification devices. The system would help establish ownership, enforce animal limits, investigate complaints and escaped animals and assist during animal-health emergencies.

The ordinance also requires compliance with applicable state and federal vaccination, testing, quarantine and disease-control requirements and includes provisions aimed at preventing the spread of infectious diseases among backyard poultry.

Violations could carry fines ranging from $100 to $1,000, plus prosecution costs.

Continued violations could result in additional penalties for each day they remain uncorrected, and individual animals could constitute separate violations where permitted by law.

Existing animals that exceed the proposed limits would be handled under applicable nonconforming- use rules and compliance provisions established by the borough.

Existing roosters would have to be removed within 30 days after written notice from the borough, while no new roosters could be introduced after the ordinance takes effect.

Toprani commended council for moving both measures forward Thursday.

“I know these ordinances have been proposed over several successive councils over many years,” he said. “I think this will give your residents comfort in knowing that these animals can be maintained, if adopted next month, in a responsible way.”

The two ordinances are available for review on the borough’s website and will also be available at the municipal office for 10 days.

Council is expected to consider both ordinances on second reading in October.

If they receive enough support to pass a second time, they will take effect.

Council’s next regular meeting will be held at 6 p.m. Oct. 8.