Despite expressions of concern from two residents and the mayor, East Greenville Borough Council voted Monday to approve a chicken ordinance.  Marita Thomson and Lon Brinckman voted against the ordinance to allow residents to keep three hens under specific limitations.

            Following the vote, Mayor Keith Gerhart announced that he would not sign the ordinance. Prior to the vote, he said approval could "open a can of worms that could lead to additional problems." Gerhart mused about someone, for example, requesting to raise pigeons which he described as dirty animals.

            According to Solicitor Michael E. Peters, the ordinance can become law without Gerhart's signature.  If the mayor vetoes the ordinance "and returns it with objections, council is required to reconsider the ordinance either at the meeting at which the vetoed ordinance was returned or not later than ten days after the meeting at any other scheduled meeting," according to a section of the borough code provided by the solicitor. A majority of all council members plus one is required to override the mayoral veto, according to the code.

            Before the vote, Thomas Zambell and former Mayor Ryan Sloyer expressed their oppositions.

            Zambell said he could not understand why council was considering allowing borough residents to keep chickens. He told the members that they will attract predators and rodents. The Washington Street resident also suggested that anyone who wanted to keep chickens should move to Upper Hanover.

            "Health concerns should outweigh the desire of some residents to keep chickens as pets," Zambell said. "We're again the laughing stock of the Valley."

            Despite an assurance from council member Alison Palmer that Manager Jim Fry could immediately revoke a permit if the rules are violated, Sloyer expressed his skepticism.

            "I don't believe that is going to happen," Sloyer said. "People always play the (legal) game."

            Council Vice President Jim Raftery, who has advocated for the ordinance, said he did not consider the concerns of Zambell, Sloyer and Gerhart "a big deal." Raftery told the audience he has heard positive feedback from 10 residents and expressed a desire to keep three chickens himself even though his property does not comply with the ordinance's regulations.

            The 12-page ordinance was drafted to limit the number of homes allowed to keep chickens. Earlier in the month, Raftery calculated that the language would allow only 30 property owners in the borough to keep chickens.

"The idea is to minimize the impact on the neighbors," Peters said during an April 2 public meeting.

            Allen Diehl, the resident who asked the members for permission to maintain three chickens after he received a violation letter in November, probably could meet all the requirements of the proposed ordinance, according to Manager Jim Fry.

            According to the language, no more than three female chickens may be kept on single family property in the borough. The chickens have to be stored in a chicken coop or chicken pen at all times only in a rear yard. Chickens shall be secured within a locked coop during all non-daylight hours. The coop must be located at least 20 feet from the property line and at least 30 feet from any adjacent building not owned by the permittee.

             Additionally, the person wishing to keep the chickens will be required to apply for a residential chicken permits, which spans three years. A permittee or co-permittee who wishes to continue keeping chickens shall apply for a new residential chicken permit at least 30 days prior to the expiration date of the previous permit, according to the ordinance amendment.

            Renters wishing to keep chickens require written permission from the property owner, according to Peters.

            The pen, constructed of wood or metal posts with wire mesh fencing material, shall contain at least 10 square feet of area per chicken, rise at least four feet above the ground and be buried at least one foot below the ground. It shall be covered with wire mesh, aviary netting or solid roofing, according to the document.

            Permittees will be required to keep the coop, pen and surrounding area clean, dry, and odor-free at all times. All manure, uneaten feed, and other trash shall be removed in a timely manner and disposed of by using an approved sanitary method. Under no circumstance shall chicken manure be placed into the sanitary sewer system. The permittee and co-permittee shall take any and all necessary actions to reduce the attraction of predators and rodents and the potential infestation of insects and parasites, according to the proposal.

            It also requires the permittee to make the coop and pen available for inspection upon demand by any police officer at any time without notice. If the resident refuses to make his or her chicken coop and chicken pen available for inspection, that permit shall be automatically revoked, and the chickens shall be removed.