[HISTORY: Adopted by the Borough Council
of the Borough of East Greenville 3-1-1993 by Ord. No. 5-93; amended
in its entirety 9-24-2013 by Ord. No. 2013-03. Subsequent amendments
noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section:
All nonhuman vertebrate and invertebrate species, whether
wild or domestic, commonly considered to be part of the animal kingdom.
The contracted official ordained with the authority to enforce
the provisions of this chapter.
Any property, premises or places where animals are located,
but not a place that is defined as a kennel.
An animal off the premises of the owner not secured by a
leash or lead or under the control of a responsible person and obedient
to that person's commands.
The Borough of East Greenville, Pennsylvania.
The Borough Code Enforcement Officer shall have the power
to enforce the provisions of this chapter.
Every person, firm or corporation having a right of property
in any animal which is kept, harbored or cared for within the Borough
of East Greenville for a period of three or more days, as well as
every person, firm or corporation occupying any premises within the
Borough which permits any animal to remain on or about its premises
for a period of three or more days.
All police officers with the authority to enforce the provisions
of this chapter.
Any area of the Borough where the predominant land use is the residential dwelling use of human beings and shall include, but not be limited to, the residential zones as defined in Chapter 95, Zoning, of the Borough's codified ordinances.
A graduate of a recognized school of veterinary medicine
licensed to practice in the State of Pennsylvania.
Any animal of a species prohibited by Title 50, Code of Federal
Regulations, or otherwise controlled by the Commonwealth of Pennsylvania.
It shall include any animal which is wild, fierce, dangerous, noxious
or naturally inclined to do harm.
Wild animals, however domesticated, shall include but not be
limited to:
Dog family (Canidae): all except domesticated dogs, including
wolf, fox, coyote, dingo, etc.
Cat family (Felidae): all except commonly accepted domestic
cats, including lions, pumas, panthers, mountain lions, leopards,
jaguars, ocelots, margays, tigers, wild cats, etc.
Bears (Ursidae): all bears, including grizzly, brown bears,
black bears, etc.
Weasels (Mustelidae): all except domesticated mink and ferrets,
including weasels, martens, wolverine, badgers, otters, ermines, mongooses,
etc.
Raccoons (Procyonidae): all raccoons and civets.
Primates (Hominidae): all subhuman primates.
Porcupines (Erethizontidae): all porcupines.
Skunks: all excepting domesticated skunks.
Snakes: all venomous snakes and venomous lizards.
Crocodilians: all alligators, caimans, crocodiles, gavials,
etc.
Venomous fish and piranha.
Venomous invertebrates.
A.
The owner, possessor or manager of any animal shall not permit the
same to trespass upon the premises of another property owner without
prior permission or he shall be in violation of this chapter and shall
have the burden of proving that permission to maintain his animal
on the property of such other.
B.
It shall be unlawful for the owner or person in custody or control
of any animal to allow the animal to run at large upon public property
or upon the private property of other than the owner or person in
custody or control of said animal. The Borough official may seize
a trapped, caged or otherwise detained animal which is found running
at large, either upon public property or upon the property of other
than the owner of such animal, and unaccompanied by the owner or keeper.
Once seized by a Borough official, the Borough official may transport
the animal to the Humane Society.
C.
No owner of any animal or any person having the care, custody and
control of any animal shall permit the same to discharge or deposit
any fecal matter upon the property of another without immediately
removing such matter and disposing of it in a sanitary manner.
D.
No owner or possessor of real property shall permit animal fecal
matter to accumulate on such property, and it shall be the owner's
or possessor's responsibility to remove such matter to prevent
any such matter, to prevent any such accumulation, from becoming a
danger to public health.
E.
The owner, possessor or manager of any animal shall not permit the
same to make noise, bark, howl, or yelp continuously. "Continuously"
shall mean for a period of not less than 15 minutes during which the
animal in question persists in the noise described even though there
is intermittent periods of quiet.
A.
The owner of an animal so seized and detained may reclaim the same
by:
(1)
Paying all expenses incurred in feeding and boarding the animal at
a prevailing rate established by the Humane Society or other similar
organization at which the animal is detained; and
(2)
Paying a transportation fee of $30; and
(3)
Providing proof of compliance with such state legislation pertinent
to vaccination against rabies.
B.
If the Borough official should seize an animal bearing a license
tag or legible tattoo, he shall cause immediate notice of such seizure
to be sent by registered or certified mail with return receipt to
the person in whose name the license was procured, or his agent, to
claim such animal within five days of the date of his receipt of such
notice. Should the owner not claim his licensed animal in accordance
with such notice, that animal can be given to the Humane Society or
other similar organization or destroyed by the Borough official in
a humane manner.
When, in the judgment of the Borough official, it is determined
at the scene of an accident that an animal is injured beyond any medical
help, such animal may be humanely destroyed.
The owner of any animal or fowl which has died, when said owner
knows of such death, shall forthwith have its body cremated or buried
or otherwise disposed of in a manner acceptable to the Borough official.
Should the owner of any dead animal or dead fowl fail to comply with
the provisions of this section, and after 48 hours of written notice
delivered to such owner by the Borough official, said Borough official
shall be authorized to cause any dead animal or fowl to be cremated
or buried at the expense of said owner.
A.
Wild or exotic animals prohibited. No person shall keep a wild or
exotic animal in any place other than a veterinary hospital or clinic,
humane society or circus, sideshow or facility used for educational
or scientific purposes which provides proper cages, fences and other
protective devices adequate to prevent such animal from escaping or
causing injury to the public.
B.
Sale, exchange, adoption or transfer of wild or exotic animals prohibited.
No person shall sell or offer for sale, adoption or transfer, with
or without charge, any wild or exotic animal. This section is not
intended to apply to persons owning or possessing wild or exotic animals
prior to the enactment of this chapter, provided that the person or
persons taking possession of such wild or exotic animal following
said sale, adoption, exchange or transfer is/are not a resident of
the Borough of East Greenville.
C.
Keeping farm animals prohibited. It shall be unlawful for any person
to keep or maintain any cattle, swine, sheep, goats or fowl in the
Borough.
The Borough official, with the approval of the Borough Council,
may promulgate such written rules and regulations as may be reasonably
necessary for the administration of the provisions of this chapter.
Any person directly or indirectly interfering with the Borough
official in the enforcement of this chapter shall be guilty of a violation
of this chapter.
Any person who shall take away or attempt to take away or who
shall cut or attempt to cut the leash of any animal from the possession
and custody of the Borough official or any police officer shall be
guilty of a violation of this chapter.
A.
It shall be unlawful for any person to:
(1)
Overdrive, overload, overwork, torture, beat, mutilate, kill needlessly,
carry in a vehicle in an inhumane manner or otherwise mistreat any
animal.
(2)
Fail to provide any pet or animal with proper food, drink, protection
from the weather and veterinary care.
(3)
Abandon any pet or animal.
(4)
Intentionally poison any pet or animal.
(5)
Allow or promote any fight between animals or allow or permit any
such fight in or upon the premises of an individual.
B.
In the event that the Borough official or other authorized agency
finds an animal in neglected conditions or to be suffering, it shall
have the right forthwith to remove or cause to be removed any such
animal to a safe place for care at the owner's expense, provided
that the owner is properly notified. Return to the owner shall not
be permitted until the owner has made full payment for expenses incurred.
Said payment shall not be considered in lieu of criminal charges which
may be filed.
A.
The provisions of this chapter are severable, and if any provision
is held unconstitutional or illegal, the remaining provisions of this
chapter shall in no way be affected or impaired.
B.
Should any provisions of this chapter be held unenforceable with
respect to a particular type of animal because state legislation has
been regulating, with respect to that type of animal, the activity
herein sought to be regulated with respect to all types of animals,
such provision shall remain effective with respect to those types
of animals that are not the subject of such state legislation.
Any person, firm or corporation that shall fail, neglect or
refuse to comply with any of the terms or provisions of this chapter
or any regulation or requirement promulgated pursuant thereto and
authorized thereby shall, upon conviction thereof, be ordered to pay
a first-time fine of not less than $50 and, in default of payment
of fine and costs, to undergo imprisonment of not more than 90 days.
Each day's violation shall constitute a separate offense. In
the event of a second offense, the fine will double to no less than
$100.
