Borough Zoning officer said ok to Chickens, now is trying to revoke the ok

[Mother Bird]

We initially rescued "Chic Norris" from the barn we board our horses at, when he was rejected and left for dead. This was about 14 months ago.

I really liked the idea of more chickens and called the Borough office about it. The officer said there was no rule to address or prevent it, just that it would be covered under Nuisance Act for excessive noise and smell. I moved forward and now have 12 chickens.

I came home Thursday 6-21-12 to a handwritten note from the officer and a copy of an ordinance that she now says she was just "able to find" (over a year later). It gives guidelines under "Animals", "Shelter" and "Exercise Pen". It's so loose and vague in my opinion that it could cover cats, dogs, fish, etc. And could refer to shed, coop, garage, porch, pond, etc. for "shelter" and fence, cage, pond or wire for "pen".
She said I have to move it by 6-28-12

Here's how it reads for Borough Of Lititz, Pa.
Section 415 (she highlighted this)
B) Any shelter and/or exercise pen which is constructed for the use of animals shall be located in the rear yard at least 10 feet from any lot line and at least 30 feet from the nearest dwelling other than the dwelling of the owner of the animal. Any means of confinement of such animal, including but not limited to chains and tether, shall be located so that the animal cannot run closer than 10 feet to any property line or closer than 50 feet to the nearest dwelling other than the dwelling of the owner.

What this boils down to (I think) is one neighbor who complains about everything I do. I think he dug this up and is now bugging her with it, who in turn is now bugging me.

In my mind, this ordinance could refer to so much, that anyone with a fenced yard and an animal in it, would be subject to it. Any suggestions?

 

[Chemguy]

Interesting. It may be that your zoning officer is required to act on a complaint, or that she truly has kept your request in mind and acted upon it once the information presented itself. Of course, if your neighbor is the complaining type, then you are likely not too far off in your assumption.

Do you have the ability to comply with your best, earnest interpretation of the language?

 

[Mother Bird]

I could move them, however it would have to be right in the center of the yard where I just worked quite hard to put in and plant raised garden beds.
Where they are now is perfect. I've spent a lot of time and effort to make it a nice area, fenced, out of view of anyone with shade and shelter. They roost an an antique armour that I bought off craigslist and modified with roosts, platform, etc. I can close them up tight in the winter or I have a screen across an open door in warm waether. I also have a potting bench and small green house to grow them munchies in this area. Our one kitchen window opens out to this area and I can toss greens, scraps, etc. to them.
I certainly dont want to go to all the work and upheaval to move it...

This is the letter I've written (but not sent yet) in responce-


I just received your note regarding the chickens. As you mentioned, you did give me the green light many months ago on having them, so I’m not sure why this is even an issue you feel the need to contact me about. Can I assume there have been complaint(s) made?

The ordinance copy you sent to me is very confusing and misleading as it is very general when it refers to “animals”, “shelter” and “pen”. We also have cats, dogs and goldfish, which would fall under the term “animals”.
The cats come and go at will and are in and out of our yard routinely. They prefer our porch as their shelter, and have a designated area for inclement weather when they are not in the “mood” to come indoors.
The dogs have a specific area we allow them in since they are hard on the landscaping and garden we have worked tirelessly on. They are as far from neighbors as possible, but do have access to our storage shed, about 100’ in the back. Since shelter for them while outdoors is a requirement by law, we thought allowing access was a good thing. We do not allow them to leave at will, as that is against borough regulations.
The goldfish, well, they have “special needs”. The pond outside our back door is definitely their shelter, and a pen, since they cannot leave at will. I suppose you could also call it a “life sustaining environment”.
Our pet chickens stay in my potting and greenhouse area of the yard. They too are provided with shelter since we have a variety of neighboring cats, skunks, hawks and opossums that could and have killed them. They could leave at will, but choose not to. They rather like the security and tasty treats we give them in exchange for their eggs.

So, I’m sure you see my confusion. Any fenced area, could be considered a “pen”, if an “animal” is placed within, and can not come and go at will. Any storage building, garage, porch, shed, deck or even pond, could be considered “shelter”. If this is the case, and it certainly could be according to “Section 415”, I think the entire Borough of Lititz could be in violation. As a matter of fact, my next door neighbor’s dog, which is confined to their fenced back “pen”, would be in violation at this very moment. They just “penned” her out for a few minutes. She may even wander into the “shelter” they store things in out there. The people next to them, their cat and dog both have to remain in the “pen” behind their house for periods of time and occasionally seek “shelter” in the garage.

I think what this comes down to is responsible pet ownership and home ownership in a small farm country town. I certainly want to abide by any clear and precise rules that pertain to anyone and everyone within the Borough. I must say however, I feel a bit targeted and may need to seek advice regarding my neighbor who has repeatedly harassed me for having dogs, putting up a fence he didn’t agree with, and for having chickens. If he has dragged Lititz Borough into his temper tantrum for not getting things exactly as he wants them, that’s unfortunate as I have done everything possible to keep him happy and within the guidelines. He complained about my dogs… we keep them inside as much as possible, bought special collars, installed invisible fencing and made provisions for them to be as far away from his house as possible. He complained about where the chickens were at first… so we moved them back and erected a privacy fence with trees along the property line. He complained about the fence and how it looked from his window and that it blocked light for his “honeysuckle vine”…we altered that too! Unfortunate indeed, for everyone involved.

 

[fillmore]

it is apparent that zoning didnt just finally get around to following up with you on this, rather a complaint(s) lodged by your neighbor. the ordinance, as vague as it may be, quite clearly encompasses your situation, although i think its main intent is to regulate outside dog kennels and pens. using your fish pond to justify the chicken coop isnt advisable. in my experience, invoking this line of defense may backfire and put the pond in jeopardy. let the fish keep their heads low. if theyre going to enforce this, it appears they have legal justification to force you to move it. at least you wont have to remove everything period. maybe you could thoroughly inspect his property to see if there are any violations you could use to negotiate a reasonable resolution with him.

 

[Mother Bird]

Based on the loose and vague nature of the ordinance, I could argue that his fenced back yard is a "pen". His dog, being the "animal" within the "pen" is in violation as it can come all the way up to the "property line" and certainly within 30 feet of my "dwelling". Right?
How can they intend to enforce this when just about everyone has a fenced yard with a cat, dog or fish pond...? If this ordinance applies to one, then wouldn't it apply to all?

 

[fillmore]

just tell her your chickens dont exercise so this interpretation isnt applicable.

i would guess the fence is likely governed under a separate section for residential fences. so while it does function as a dog pen of sorts, it is still clearly a fence. you could give it a shot, though, and get a response. tell her if you have to move the coop then youd like to file a complaint because the neighbors dog fence violates the 30' setback. a lot of this stuff always comes down to interpretation judgment by a human, which isnt always consistent. there always has to be an asshat neighbor, huh? ive got one, too...

 

[Ashdoes]

I also wouldn't point out in the letter that you let your cats roam, which I'm assuming would be against the leash laws in most areas.
Maybe calmly calling, and discussing the letter you received would be the best option.
To me the ordinance is quite clear, and to keep the pen you'll have to move it away from the fence line. Will it be a lot of work? Yes. Is it fair? Maybe yes, maybe no....depends on which side of the fence you're on.