Council Members are currently hearing public comment on the new proposed ordinance. They will vote in June to make amendments or write it into law. The proposed ordinance only applies to 37 properties (one of which is a council member Craig West's).
Please read the ordinance and let them know what you think.
The vote will be held at 5 PM on June 14 at 14 Crafton Street in Wellsboro, PA.
F. Craig West - 90 Bodine St - 570-439-1264
Louis Prevost- 20 West Ave - 610-476-9271
Matthew DeCamp - 13 Berwart St - 570-439-0878
Michael Wood - 11 1/2 Bodine St - 570-439-1348
John Sticklin - 49 Grant St - 570-439-5939
Mayor/Boro Manager -14 Crafting St - 570-724-3186 - wellsboromanager@ptd.net
The Wellsboro Gazette wrote an article about the new ordinance.
BOROUGH OF WELLSBORO TIOGA COUNTY, PENNYSLVANIA
ORDINANCE NO. 703
AN ORDINANCE OF THE BOROUGH OF WELLSBORO, TIOGA COUNTY, COMMONWEALTH OF PENNSYLVANIA, AMENDING ORDINANCE NO. 553, RELATING TO ANIMALS, AS AMENDED AND SUPPLEMENTED, WHICH WAS CODIFIED IN CHAPTER 2 OF THE CODE OF ORDINANCES OF THE BOROUGH OF WELLSBORO, TO PROVIDE FOR AND REGULATE THE KEEPING OF GOATS, CHICKENS, ALPACAS, AND BEES.
WHEREAS, the Borough of Wellsboro has the specific authority pursuant to the Borough Code to prohibit and regulate the keeping or running at large of livestock and fowls and other animals; and
WHEREAS, the Borough of Wellsboro has the authority to prohibit and regulate the keeping of certain animals in order to promote the general health, safety and welfare of Borough residents and to prevent nuisances; and
WHEREAS, the Borough of Wellsboro has determined that it is appropriate to establish a definition of goats, chickens, and bees, remove the absolute prohibition on keeping goats, chickens, and bees, and regulate the keeping of goats, chickens, and bees in order to prevent nuisances and to promote the general health, safety and welfare of Borough residents.
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NOW, THEREFORE, IT IS HEREBY ORDAINED AND ENACTED, by the Borough Council of the Borough of Wellsboro, County of Tioga, Pennsylvania, as follows:
Section 1.
CHAPTER 2, PART 1, KEEPING OF ANIMALS, shall be amended as follows:
Paragraph 1 of § 2-112. Keeping of Certain Animals Prohibited. shall be amended by deleting the words “an apiary or”, “live chicken, turkey, pigeon, or other domestic or”, “goats”, “alpacas”, and “Exempted from this prohibition are those domesticated fowl who can be maintained in a cage within the living confines of the owner's residence.”
The revised Paragraph 1 of 8 2-112. Keeping of Certain Animals Prohibited. shall read as follows:
No person shall keep or maintain any live swine or pig, wild fowl, and other species not defined as or regulated elsewhere in this part, within the Borough of Wellsboro. [Ord. No. 696, 12/9/2019)
Section 2.
CHAPTER 2, PART 2, KEEPING OF CERTAIN ANIMALS shall be amended as follows:
§ 2-201. Regulating the Keeping of Certain Animals. shall be amended by inserting the following language into Paragraph 1. Definitions.:
“ALPACA - Any of a genus (vicugna) of domesticated mammals.”
“APIARY - A place where bees or collections of beehives are kept.”
“FOWL - Any domesticated fowl, including without limitation chickens, geese, or ducks.”
“GOAT - Any of a genus (capra) of domesticated mammals.”
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2. $2-201. Regulating the Keeping of Certain Animals. shall be amended by inserting the
words "goat” and “alpaca” into Paragraph 2. Prohibition. as follows: “It shall be unlawful for any person to keep any cattle, horse, llama, goat, alpaca, or sheep within the Borough of Wellsboro except under the following circumstances:”
Paragraph 2. Prohibition of the same Section shall be further amended by inserting the words "goats” and “alpacas” into sub-Paragraphs C. and D. as follows:
C. [...] “If the landowner owns a minimum of 10 acres in this district, three cattle, horses, llamas, sheep, goats, and alpacas may be kept; four cattle, horses, llamas, sheep, goats and alpacas if there are 15 acres or more.”
D. “No stable or building used to house cattle, horses, sheep, llamas, goats, or alpacas in the Borough shall be closer than 100 feet to the exterior limits of any dwelling not owned by the landowner, or of any property line.”
3.
§ 2-201. Regulating the Keeping of Certain Animals. shall be amended by inserting a new Paragraph 3., as follows:
3.
Prohibition. It shall be unlawful for any person to keep any domestic fowl within the Borough of Wellsboro except under the following circumstances:
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A. The fowl must be owned by the landowner where it is kept, and may not be leased, rented, hired out or used for any commercial purpose.
B. No fowl shall be kept except in a Rural Residential Zoning District on a minimum of five (5) acres, which must be owned by the owner of the fowl.
C. All pens and enclosures must be at least twenty-five (25) feet from all property
lines and fifteen (15) feet from any occupied dwellings. No pens or enclosures may be located between a structure and a roadway.
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D. Separate species of fowl must be kept in separate pens or enclosures.
E. The owners must submit a waste management plan, which must be approved by the Borough prior to any fowl being kept on the property. If the waste management plan is violated in any way, the fowl must be immediately removed.
F. A maximum number of 4 (four) total fowl can be kept on the property at any time.
G. Roosters are prohibited.
H. No fowl may be free roaming at any time.
I. Enclosures must have the minimum space requirements based on the number of fowl kept in the enclosure as follows:
• Bantam Chickens:
• All Other Chickens:
One (1) square foot per bird Two (2) square feet per bird Three (3) square feet per bird Six (6) square feet per bird
• Ducks
• Geese
4.
§ 2-201. Regulating the Keeping of Certain Animals. shall be amended by inserting a new Paragraph 4., as follows:
Prohibition. It shall be unlawful for any person to keep an apiary or any bees within the Borough of Wellsboro except under the following circumstances:
A. Bees may only be kept in an apiary or other enclosure approved by the Borough.
B. The bees must be owned by the landowner where they are kept, and may not be leased, rented, hired out or used for any commercial purpose.
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C. No bees shall be kept except in a Rural Residential Zoning District on a minimum of five (5) acres, which must be owned by the owner of the bees.
D. All apiaries or other approved enclosures must be at least fifty (50) feet from all property lines, must be located behind dwellings (not in front or side yards), and must have entrances facing away from neighbors.
E. A maximum number of three (3) hives for every five (5) acres of land can be kept on the property at any time.
F. Approved “fly away” prevention measures, such as tall fencing or plantings of at
least six (6) feet above the ground surface, must be in place before any bees are kept on the property, and must be maintained in good condition at all times while bees are kept on the property.
G. The owners must submit a drawing showing the proposed location of the hives, the distance from the property lines, and the location and type of fly away barriers, which must be approved by the Borough prior to any bees being kept on the property. If the bees or fly away barriers are moved without written approval from the Borough, the bees must be immediately removed
4. $ 2-201. Regulating the Keeping of Certain Animals. shall be amended by
renumbering Paragraph 3. Penalties. to Paragraph 5. Penalties., and shall be amended to
read as follows: “5. Penalties. Any person who violates any provision of this part shall, upon a finding of violation, be subject to a fine of not less than $50.00 nor more than $1,000.00, plus costs. Each and every day that a violation exists shall constitute a separate offense.”
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For purposes of clarification, the entire text of Chapter 2, Part 2, is set forth below.
PART 2 KEEPING OF CERTAIN ANIMALS
§ 2-201. Regulating the Keeping of Certain Animals. [Ord. 593, 9/27/1999, $$1-3, as amended by A.O.; and by Ord. 696, 12/9/2019)
Definitions. As used in this part, the following terms shall have the meanings indicated:
ALPACA – Any of a genus (vicugna) of domesticated mammals.
APIARY - A place where bees or collections of beehives are kept.
CATTLE – Animal of the bovine genus, used by man for labor, including sheep.
FOWL – Any domesticated fowl, including without limitation chickens, geese, or ducks.
GOAT – Any of a genus (capra) of domesticated mammals.
HORSE – Any domesticated horse (Equus Caballus) used as a beast of burden, a draft animal, or for riding.
LLAMA – Any of a genus (llama) of domesticated, long-necked ruminant mammals.
LANDOWNER – Any natural person or persons who owns by fee simple any real property in the Borough of Wellsboro
Prohibition. It shall be unlawful for any person to keep any cattle, horse, llama, goat, alpaca, or sheep within the Borough of Wellsboro except under the following circumstances:
A.
The animal(s) is owned by the landowner where it is kept, and is not leased, rented, hired out or used for any commercial purpose.
The animal(s) is kept in a field enclosed by a fence of sufficient height and strength to keep the animal from running at large.
No animal(s) shall be kept unless the landowner owns a minimum of 10 acres in a Rural Residential Zoning District. If the landowner owns a minimum of 10 acres in this district, three cattle, horses, llamas, sheep, goats, and alpacas may be kept; four cattle, horses, llamas, sheep, goats, and alpacas if there are 15 acres or more.
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D.
No stable or building used to house cattle, horses, sheep, llamas, goats, or alpacas in the Borough shall be closer than 100 feet to the exterior limits of any dwelling not owned by the landowner, or of any property line.
3.
Prohibition. It shall be unlawful for any person to keep any domestic fowl within the Borough of Wellsboro except under the following circumstances:
A.
The fowl must be owned by the landowner where it is kept, and may not be leased, rented, hired out or used for any commercial purpose.
No fowl shall be kept except in a Rural Residential Zoning District on a minimum of five (5) acres, which must be owned by the owner of the fowl.
All pens and enclosures must be at least twenty-five (25) feet from all property lines and fifteen (15) feet from any occupied dwellings. No pens or enclosures may be located between a structure and a roadway.
D.
Separate species of fowl must be kept in separate pens or enclosures.
The owners must submit a waste management plan, which must be approved by the Borough prior to any fowl being kept on the property. If the waste management plan is violated in any way, the fowl must be immediately removed.
A maximum number of 4 (four) total fowl can be kept on the property at any time.
G.
Roosters are prohibited.
H.
No fowl may be free roaming at any time.
Enclosures must have the minimum space requirements based on the number of fowl kept in the enclosure as follows:
Bantam Chickens: All Other Chickens: Ducks Geese
One (1) square foot per bird Two (2) square feet per bird Three (3) square feet per bird Six (6) square feet per bird
4.
Prohibition. It shall be unlawful for any person to keep an apiary or any bees within the Borough of Wellsboro except under the following circumstances
Bees may only be kept in an apiary or other enclosure approved by the Borough.
B.
The bees must be owned by the landowner where they are kept, and may not be leased, rented, hired out or used for any commercial purpose.
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C.
No bees shall be kept except in a Rural Residential Zoning District on a minimum of five (5) acres, which must be owned by the owner of the bees.
All apiaries or other approved enclosures must be at least fifty (50) feet from all property lines, must be located behind dwellings (not in front or side yards), and must have entrances facing away from neighbors.
A maximum number of three (3) hives for every five (5) acres of land can be kept on the property at any time.
Approved “fly away” prevention measures, such as tall fencing or plantings of at least six (6) feet above the ground surface, must be in place before any bees are kept on the property, and must be maintained in good condition at all times while bees are kept on the property.
The owners must submit a drawing showing the proposed location of the hives, the distance from the property lines, and the location and type of fly away barriers, which must be approved by the Borough prior to any bees being kept on the property. If the bees or fly away barriers are moved without written approval from the Borough, the bees must be immediately removed
5. Penalties. Any person who violates any provision of this part shall, upon a finding of violation, be subject to a fine of not less than $50.00 nor more than $1,000.00, plus costs. Each and every day that a violation exists shall constitute a separate offense.
SEVERABILITY. The provisions of this Ordinance are severable and if any of its sections, clauses or sentences shall be held unlawful, invalid, or unconstitutional, such provisions shall not affect or impair any of the remaining provisions of this Ordinance.
REPEALER. All Ordinances or parts of Ordinances which are inconsistent herewith are hereby repealed.
EFFECTIVE DATE. This Ordinance shall become effective upon enactment.
Om
DULY ENACTED AND ORDAINED, this day of
2021, by the Borough Council of the Borough of Wellsboro, Tioga County, Pennsylvania, in lawful session duly assembled.
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BOROUGH COUNCIL OF THE BOROUGH OF WELLSBORO Tioga County, Pennsylvania
ATTEST
By:
Council President
Secretary
(SEAL)
Examined and approved this
day of
By:
Mayor
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CERTIFICATE
I, the undersigned, (Assistant) Secretary of the Borough of Wellsboro, Tioga County, Pennsylvania (the “Borough”), certify that: the foregoing is a true and correct copy of an Ordinance which duly was adopted by majority vote of the entire Council of the Borough at a meeting of said Council duly convened according to law and held on
_, 2021, at which meeting a quorum was present; said Ordinance duly has been recorded in the minutes of said Council; and said Ordinance remains in full force and effect, unaltered and
unamended, as of date of this Certificate.
m
I further certify that said Council met the advance notice and public comment requirements of the Sunshine Act, 65 Pa.C.S. 701 et seq., by advertising said meeting, by posting prominently a notice of said meeting at the principal office of the Borough or at the public building in which said meeting was held, and by providing a reasonable opportunity for public comment at said meeting prior to adoption of said Ordinance, all in accordance with such Act.