[Adopted 9-13-1971 by Ord. No. 71-16]
This article is enacted to regulate the maintenance,
keeping or possession of animals within the Township of Marple in
order to promote the health, safety and general welfare of its inhabitants.
Where the provisions of this article impose greater restrictions than
those of any other ordinance or regulation or resolution, the provisions
of this article shall be controlling. Where the provisions of any
other ordinance (such as the Zoning Ordinance), regulation or resolution
impose greater restrictions than this article, the provisions of such
other ordinance, regulation or resolution shall be controlling.
The following definitions shall apply in the
interpretation and enforcement of this article:
Construed in a broad sense to include not only animals so-called,
but also birds, fish, reptiles and insects.
The Board of Health of Marple Township.
A collection of animals not listed in § 95-35 of this article kept in cages or enclosures for exhibition by a full-time professional trainer.
Any individual, partnership, association, corporation, estate
or trust, as well as all officers, agents, servants, employees, or
other acting for any of the same and shall be taken as applying in
the singular or plural as the case may require.
A collection of animals not listed in § 95-35 of this article maintained in a park or garden by an educational nonprofit or governmental corporation under the Supervision of at least one professional zoologist.
Any person is permitted to maintain, keep or
possess within the Township of Marple any of the following animals,
which classification shall be strictly construed.
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Cage birds: (the term includes parakeets, parrots,
canaries, finches, love birds, Mynah birds and other birds ordinarily
kept in cages in households; it excludes wild birds captured or rescued
and kept in cages)
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Cats (Fellis catus)
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Cows (Bos taurus), beef and dairy: subject to
zoning
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Dogs (Canis familaris), except Dingoes
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Frogs (Salientia)
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Goats (Capra hircus): subject to zoning
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Goldfish and carp (Cyprinidae)
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Guinea pigs (Cavia cutler)
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Hamsters (Cricetus and Mesocricetus)
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Horses and ponies (Equus caballus): subject
to zoning
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Lizard (Sauria), except those listed under animals
prohibited in the Township
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Mice, white (Mus muscuius)
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Poultry (ducks, chickens, swans, geese, turkeys,
guinea fowl and pigeons kept for show or racing): subject to zoning
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Rabbits, restricted to European-type rabbits
(Oryctolagus cuniculus) commonly kept as pets or livestock
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Rats, white (Rattus norvegicus)
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Salamanders (any tailed amphibian)
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Sheep (Ovis aries): subject to zoning
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Snakes, nonpoisonous and native to Township
of Marple
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Toads (Salientia)
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Tropical fish: limited to those customarily
maintained in a household aquarium, except piranhas
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No person is permitted to maintain, keep or
possess within the Township of Marple any of the following animals,
which classification shall be broadly construed.
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All poisonous animals including rear-fang snakes
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Apes: chimpanzees (Pan); gibbons (Hylobates);
gorillas (Gorilla); orang-utans (Pongo); and stamangs (Symphalangus)
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Baboons (Papio, Mandrillus)
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Bears (Ursidae)
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Bison (Bison bison)
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Cheetahs (Acinonyx jubatus)
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Crocodillians (Crocodillia), 24 inches in length
or more
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Coyotes (Canis latrans)
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Deer (Cervidae): includes all members of the
deer family; for example, white-tailed deer, elk, antelopes, moose
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Elephants (Elephas and Loxodonta)
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Game cocks: i.e., fighting birds
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Hippopotami (Hippopotamidae)
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Hyenas (Hyaenidae)
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Jaguars (Panthers onca)
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Leopards (Panthera pardus)
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Lions (Panthera leo)
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Lynxes (Lynx)
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Monkeys, Old World (Cercopithecidae)
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Ostriches (Struthio)
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Piranha fish (Characidae)
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Pumas (Fellis concolor): also known as cougars,
mountain lions and painters
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Rhinoceroses (Rhinocero tidae)
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Sharks (Class Chondrichthyes)
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Snakes: all snakes, native or otherwise, exceeding
four feet in length
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Snow leopards (Panthera uncia)
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Swine (Suidae)
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Turtles (Chelonia)
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Tigers (Panthera tigris)
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Wolves (Canis lupus)
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A.
No person other than a registered veterinarian in the course of his professional duties is permitted to maintain, keep or possess within the Township of Marple any animal not specifically mentioned in § 95-35 hereof unless application for a permit shall have been made by such person to the Board of Health and a permit shall have been issued therefor.
B.
The application for permit shall have attached thereto
a registered veterinarian's health certificate for each animal to
be covered by the permit, shall be verified by an affidavit and shall
set forth the following:
(1)
Type and number of animals to be covered by the permit.
(2)
Purpose of keeping such animal.
(3)
Period for which permit is requested.
(4)
Description of the quarters in which the animals will
be kept including plans and specifications thereof where appropriate.
(5)
Circumstances, if any under which the animals will
be removed from quarters.
(6)
Biographical information of applicant and any other
person to be placed in charge of the animals with particular emphasis
on the knowledge of such persons about the animals in question and
experience of such persons in handling the animals in question.
(7)
Such additional information as the Board of Health
may require.
A.
The Board of Health shall have the power to review
or cause to be reviewed each application for a permit and may either
approve or reject such application or require modification of the
application. When the Board has approved the application, the Township
Health Officer shall issue the permit. The permit shall be personal
and not transferable and shall be issued for a calendar year or part
thereof. The Health Officer, on advice of the Board, shall also have
the power to revoke a permit.
B.
The Board shall also have the power, with the consent
of the Township Commissioners, to make such rules and regulations
as it shall deem necessary to carry out the purpose of this article,
and, on request of the Township Manager to determine whether any person
is violating any provisions of this article or the rules and regulations
adopted hereunder. In making such determination, the Board shall consider
the following standards:
(1)
All animals and animal quarters shall be kept in clean
and sanitary condition. Adequate ventilation shall be maintained.
(2)
Permittee shall use every reasonable precaution to
insure that animals are not teased, abused, mistreated, annoyed, tormented
or in any manner made to suffer by any person or by any means.
(3)
Animals which are enemies by nature, or are temperamentally
unsuited, shall not be quartered together or so near each other as
to cause animals fear, or to be abused, tormented or annoyed.
(4)
Permittee shall maintain premises so as to eliminate
offensive odors or excessive noise.
(5)
Permittee shall not permit any condition causing disturbance
of peace and quiet of his neighbors.
(6)
Animals must be maintained in quarters so constructed
as to prevent their escape.
(7)
In the event that an animal escapes from its quarters,
the permittee assumes full responsibility for recapturing that animal,
and any costs incurred by the Township in assisting the permittee
in the recapturing of any animal shall be paid by the permittee, in
addition to any other costs or fines herein provided.
(8)
The owner or permittee of any animal prohibited or
allowed by permit pursuant to this article must notify the Police
Department and Health Officer whenever said animal escapes from its
quarters.
(9)
Every person shall conform to all present and future
laws of the Commonwealth of Pennsylvania and the United States of
America, the ordinances of the Township and the rules and regulations
of the Board in any way connected with animals, including specifically
anti-cruelty laws.
The Board of Health may approve a permit for a permanent zoological garden or a menagerie, limiting the latter to no more than one month in any one calendar year, which includes animals otherwise prohibited under § 95-36 hereof, provided that:
A.
The Board is satisfied that the applicant and all
other persons placed in charge of such animals are experts in their
knowledge of the care and handling of such animals.
B.
The highest standards are applied in safeguarding
the public and no human being lives or resides within 100 feet of
the quarters in which the animals will be kept.
C.
Applicant provides the Board with a certificate of
public liability insurance in form and amount satisfactory to the
Board issued by a carrier satisfactory to the Board.
The applicant for any permit hereunder shall,
at the time of his application, pay to the Township the following
fees:
A.
Zoological garden: as set from time to time by resolution
of the Board of Commissioners for each calendar year or part thereof;
there will be no charge for a traveling educational exhibit maintained
by an established Humane Society or zoological garden.
B.
Menagerie: as set from time to time by resolution
of the Board of Commissioners.
C.
All other applicants: as set from time to time by
resolution of the Board of Commissioners for the first calendar year
or part thereof; renewable thereafter for a fee as set from time to
time by resolution of the Board of Commissioners for each calendar
year or part thereof.
[Amended 6-12-2000 by Ord. No. 2000-10]
Any person who violates any provisions of this
article or of any rules and regulations made pursuant hereto shall,
upon conviction thereof, be subject to a maximum fine of $600, plus
costs of prosecution, and, in default of payment of such fine and
costs, imprisonment for a term not exceeding 30 days. Each day's failure
to comply with any such provision shall constitute a separate violation.
In addition, the Township may institute any appropriate action or
proceeding whether by legal process or otherwise, to restrain, correct
or abate a continuing violation of any provision of this article or
of any rules and regulations made pursuant hereto.
