[Added 12-11-2006 by Ord. No. 564]
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this article to have
the meanings herein indicated:
The Borough of Denver, Lancaster County, Pennsylvania.
The enforcement officer appointed by Borough Council or his
duly authorized representative(s).
Nonfarm animals that are locally available for purchase as
pets, including, but not limited to, cats, dogs, rabbits, hamsters
and similar small animals. Domestic pets shall not include exotic
wildlife as defined in the Game Code, 34 Pa.C.S.A. § 101
et seq. or farm animals.
Animals commonly raised upon farms in Lancaster County, including,
but not limited to, horses, cattle, pigs, sheep and goats.
Any individual, firm, corporation, association or partnership,
and includes the singular as well as the plural and the female as
well as the male.
Any animal which is wild, fierce, dangerous, noxious, or
naturally inclined to do harm, including but not limited to: nondomesticated
canines, nondomesticated felines, nondomesticated or feral pigs, raptors,
bears, primates, venomous snakes, alligators and crocodiles. Hybrids
of nondomesticated canines and nondomesticated felines are deemed
to be wild animals.
[Added 4-29-2019 by Ord.
No. 654]
[Amended 4-11-2011 by Ord. No. 599; 9-26-2016 by Ord. No. 632]
A.Â
It shall be the duty of the owner, custodian or keeper of any animal
and the duty of the parent or guardian of any minor owner of any animal
to keep the animal securely tied or penned in an enclosure in such
a manner that the animal cannot break loose and run at large over
the streets, alleys or public grounds in the Borough of Denver or
upon the property of anyone other than the owner, custodian or keeper
of such animal.
B.Â
It shall be the duty of the owner, custodian or keeper of any animal,
while traveling on the streets, alleys or public grounds in the Borough
of Denver, to have the animal on a leash at all times and to prevent
the animal from entering upon the property of any person in the Borough
of Denver without the property owner's consent.
C.Â
Any person having ownership, possession, custody or control of any
animal which commits a nuisance (i.e., defecation) in any area other
than the property of the owner or the custodian of such an animal
shall be required to immediately remove any and all feces from the
ground surface and to place it in a nonleaking container or bag and
to properly dispose of the container or bag in a trash or litter receptacle.
[Amended 4-29-2019 by Ord. No. 654]
A.Â
Farm animals
may be maintained on lots which are 1.5 acres or larger. All structures
for the stabling of farm animals shall be located at least 100 feet
from any lot line. A minimum lot area of 1.5 acres shall be required
for each farm animal.
B.Â
Wild animals
shall not be kept in the Borough other than in a zoological park,
veterinary hospital or clinic, Humane Society facility, circus, or
similar facility used for educational or scientific purposes.
A.Â
Every structure, building, shelter or pen in which
any domestic pet or farm animal is kept shall be constructed of such
material and in such manner that it can be kept clean and sanitary,
devoid of all rodents and vermin and free of objectionable odors.
B.Â
It shall be unlawful for any person to place, leave
or allow to accumulate any food matter directly upon any premises
in such a manner that it can provide a food source for any animal,
rodent or other vermin.
This article shall be enforced by the Code Enforcement
Officer or any police officer having jurisdiction in the Borough.
[Amended 7-29-2013 by Ord. No. 612]
Any person who or which shall violate any provisions
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not less than $100 nor more than $1,000, plus costs, for
each violation, or to a term of imprisonment not to exceed 30 days.
Each day that a violation continues shall constitute a separate offense.
Upon summary conviction, the person found guilty may be assessed reasonable
attorneys’ fees incurred by the Borough in the enforcement proceedings
in accordance with Section 3321(6) of the Borough Code.[1]
[1]
Editor’s Note: See 8 Pa.C.S.A. § 3321, Subdivision
(a)(5).
