Chicora couple fighting to keep ducks
A Chicora couple is claiming the borough is wrongfully citing them for having nuisance animals for keeping ducks on their property.
Chicora claims ducks are nondomesticated animals, and a judge agreed, giving the couple two weeks to remove the ducks or each would face a $3,000 fine.
Susan Callender, who lives on Central Avenue, said she and her husband, Glenn, both received nontraffic citations for violation of a borough ordinance. The ordinance states that “no person shall keep any pig, chicken, horse, pony, mule, sheep, goat, cow, donkey, alpaca, llama, or nondomestic animal at any place within the Borough of Chicora.”
“They list pretty certain animals there; no fowl, no birds, no mention of livestock,” she said. “It does not mention anything about ducks, fowl or barnyard animals.”
Nontraffic docket sheets show that both Susan and Glenn were cited three separate times: Feb. 27, Feb. 28 and March 1.
Callender claims the animals are penned and fenced in on a vacant lot behind their home and “are domestic ducks raised for eggs.”
Andrew Menchyk, solicitor for the borough, said the ordinance covers both domestic and nondomestic animals that could cause a health or safety hazard to residents.
“In enacting this ordinance, the borough and council were concerned with the general welfare of residents of Chicora and deemed animal nuisance conditions a health and safety issue, detrimental to safety and sanitary concerns to residents of the community,” he said.
“The Council of the Borough of Chicora, County of Butler, Commonwealth of Pennsylvania, finds that removal of animal nuisances is in the interest of the citizens of the Borough and that removal of animal nuisances on public and private property promotes the public health, safety and welfare of all persons within the Borough,” the ordinance states.
Menchyk said the borough maintains that fowl, including ducks, chickens, geese and other birds are nondomestic animals and are banned under the ordinance.
“These are ducks that are running on their property defecating on their property and it's my understanding that the Callenders raise these ducks for food and eggs,” he said. “They are basically farm animals, which are banned under the ordinance.”
District Judge Lewis Stoughton ruled in favor of the borough during a hearing Wednesday.
Menchyk said Stoughton fined both Callenders $3,000 each and gave them an opportunity to remove the ducks within two weeks, at which point the fines would be removed and the citations dismissed. However, if they fail to do so, the fines would be put into place, he said.
Callender said the couple received certified letters at their home in August stating that they were in violation, but with “no explanation.”
She said she then contacted the borough office and was informed by Mayor Lisa Nagy that ducks are not domestic animals. Callender said she then went to a borough council meeting, explaining that the animals were domestically bred for eggs, and “I asked everybody where they could tell me ducks fall in this ordinance. Nobody could answer me that.”
Callender said the couple received another certified letter from the borough in January, stating that they were in violation, and again two weeks ago informing them of a hearing before Stoughton.
Callender said Stoughton used his smart phone to look up the definition of nondomestic animal, which mentions fowl, to make his decision.
She said the couple is planning on appealing the ruling and is contacting an attorney.
When asked who would have reported the animals to the borough, Callender said she thinks it was probably “people walking by and seeing I have ducks.”
She said she has received no complaints from her neighbors regarding the animals and one neighbor “just got out of the hospital and the first thing he did when he got out was come see the ducks.”
Stoughton declined to comment regarding the matter.
