[Added 7-7-2003 by Ord. No. 2003-338]
[1]
Editor's Note: Former Art. XXIII, Single-Family
Cluster Option, was repealed 2-15-2000 by Ord. No. 282.
As used in this article, the following terms
shall have the meanings indicated:
Those persons empowered by the Township to implement and
enforce this ordinance.
Any nonhuman vertebrate or invertebrate species of the animal
kingdom which is wild, fierce, dangerous, noxious, or naturally inclined
to do harm, however domesticated, including but not limited to the
following:
Class Mammalia.
Order Artiodactyla (hippopotamuses, giraffes,
camels, deer, not cattle or swine or sheep or goats).
Order Carnivora.
Family Felidae (lions, tigers, cougars, leopards,
ocelots, servals, not domestic cats).
Family Canidae (wolves, coyotes, foxes, jackals,
not domestic dogs).
Family Ursidae (all bears).
Family Mustelidae (weasels, skunks, martins, minks, excluding domesticated ferrets, in accordance with § 190-230B hereof).
Family Procyonidae (raccoons, coatis).
Family Hyaenidae (hyenas).
Family Viverridae (civets, genets, mongooses).
Order Edentatia (anteaters, armadillos, sloths).
Order Marsupialia (opossums, kangaroos, wallabies,
not sugar gliders).
Order Perissodactyla (rhinoceroses, tapirs,
not horses or donkeys or mules).
Order Primates (lemurs, monkeys, chimpanzees,
gorillas).
Order Proboscidae (elephants).
Order Rodentia (squirrels, beavers, porcupines,
not guinea pigs, or rats or mice, or gerbils or hamsters).
Class Reptilia.
Order Squamata:
Family Varanidae (only water monitors and crocodile
monitors).
Family Iguanaidae (only green iguanas and rock
iguanas).
Family Boidae (all species whose adult length
has the potential to exceed eight feet in length).
Family Colubridae (only boomslangs and African
twig snakes).
Family Elapidae (such as coral snakes, cobras,
mambas, etc.), all species.
Family Nactricidae (only keelback snakes).
Family Viperidae (such as cooperheads, cottonmouths,
rattlesnakes, etc.), all species.
Order Crocodilia (such as crocodiles, alligators,
caimans, gavials, etc.), all species.
Any individual, partnership, corporation, organization, trade
or professional association, firm, limited liability company, joint
venture, association, trust, estate, or any other legal entity, and
any officer, member, shareholder, director, employee, agent or representative
thereof.
Any person who owns, possesses, keeps, harbors, brings into
the state, has in one's possession, acts as a custodian, or has custody
or control of an exotic animal.
A.
It shall be unlawful for any person to own, possess,
keep, harbor, breed, bring into the Township, have in one's possession,
act as custodian, or have custody or control of an exotic animal,
except in compliance with this act.
B.
It shall be unlawful for any person to sell, exchange, adopt or transfer to the wild any exotic animal, subject to the exemptions set forth in § 190-230 hereof.
C.
It shall be unlawful for a person to engage in conduct
which places or may place another person in danger of an attack by
an exotic animal.
A.
The provisions of this act shall not apply to:
(1)
Any holder of a personal possession permit pursuant
to this ordinance;
(2)
Any duly incorporated nonprofit animal protection
organization housing an exotic animal at the written request of the
animal control authority;
(3)
Any animal control or law enforcement agencies
or officers acting under the authority of this act;
(4)
Any licensed veterinary hospitals or clinics;
(5)
Any licensed wildlife sanctuary;
(6)
Any licensed or accredited research or medical
institution;
(7)
Any licensed or accredited educational institution;
(8)
Any licensed circus or amusement show; or
(9)
Any licensed person temporarily transporting
exotic animals through the Township, if the transit time is not more
than 96 hours, and which provides proper cages, fences and other protective
devices adequate to prevent such animal from escaping or injuring
the public or causing a health hazard due to fecal matter, or otherwise.
B.
Domesticated ferrets are permitted as house pets,
provided that the following requirements are met:
(1)
Ferrets must be descented.
(2)
Ferrets must be spayed or neutered.
(3)
Ferrets are to be vaccinated, except as otherwise
provided herein. Vaccination documents or a statement from a licensed
veterinarian advising against vaccination shall be furnished upon
request.
(4)
No breeding of ferrets is permitted.
(5)
Ferrets are not to be at large when outdoors.
C.
Vietnamese Potbellied Pigs are permitted as house
pets, provided that the following requirements are met:
(1)
The pet owner is to obtain a document from a
licensed veterinarian or a nationally recognized registry certifying
that the pet is a Vietnamese Potbellied Pig.
(2)
No more than two Vietnamese Potbellied Pigs
are permitted and shall be primarily indoor pets.
(3)
Vietnamese Potbellied Pigs are to be spayed
or neutered.
(4)
No breeding of Vietnamese Potbellied Pigs is
permitted.
(5)
Vietnamese Potbellied Pigs are not to be at
large when outdoors.
(6)
Vietnamese Potbellied Pigs are to be vaccinated,
except as otherwise provided herein. Vaccination documents or a statement
from a licensed veterinarian advising against vaccination shall be
furnished upon request.
A.
A person may obtain a personal possession permit for
an exotic animal only if the following are met:
(1)
The person was in legal possession of an exotic
animal prior to the effective date of this act and is the legal possessor
of the exotic animal; and
(2)
The person applies for and is granted a personal
possession permit as set forth under this section for each such exotic
animal in the person's possession by the date which is six months
from the effective date of this ordinance.
B.
Persons who meet the requirements set forth in Subsection A of this section shall annually obtain a personal possession permit. From and after the effective date of this ordinance, no new exotic animal shall be brought into possession under authority of a personal possession permit.
C.
An applicant shall file an application to receive
a personal possession permit with the Animal Control Authority on
forms provided by the Animal Control Authority. The application shall
include the following:
(1)
A written statement which sets forth the following
information:
(a)
The name, address, telephone number, and date
of birth of the applicant.
(b)
The description of each exotic animal the applicant
possesses, including the scientific name, name, sex, age, color, weight,
and any distinguishing marks or coloration that would aid in the identification
of such animal.
(c)
A photograph of the exotic animal.
(d)
The exact location where the exotic animal is
to be kept.
(e)
The names, addresses, and telephone number of
the person from whom the applicant obtained the exotic animal, if
known.
(f)
The name, address, and phone number of the veterinarian
providing veterinary care to the exotic animal and a certificate of
good health from the possessor's veterinarian.
(2)
A certification in writing and notarized by
a notary public that:
(a)
The applicant is 18 years of age or older.
(b)
The applicant has not been convicted of or found
responsible for violating a local or state law prohibiting cruelty,
neglect, or mistreatment of an animal.
(c)
The facility and the conditions in which the
exotic animal will be kept are in compliance with this act.
(d)
The applicant has regularly provided veterinary
care to the exotic animal when needed and will provide such care in
the future.
(e)
Proof that a licensed veterinarian has spayed
or neutered the exotic animal or, if no proof can be made, a statement
that the animal has been spayed or neutered as made by an examining
physician. In the alternative, if a licensed veterinarian has determined
that the spay or neuter procedure would endanger the well-being of
the exotic animal, a statement of such licensed veterinarian to that
effect.
(3)
A plan for the quick and safe recapture of the
exotic animal if the exotic animal escapes and for the destruction
of the exotic animal if such recapture is not possible.
(4)
Proof of a policy for liability insurance in
an amount of not less than $250,000 for each occurrence for liability
damages for destruction of or damage to property and death or bodily
injury to a person caused by the exotic animal. The possessor of an
exotic animal shall provide proof of such policy for liability insurance
to the Animal Control Authority on an annual basis.
(5)
Any additional information the Animal Control
Authority may deem necessary to carry out the provisions of this act.
(6)
Fees for application, issuance, and renewal
of a personal possession permit as established by the Animal Control
Authority in order to recover the costs associated with the administration
and enforcement of this ordinance. The fees collected under this section
may be used only to administer and enforce this ordinance.
D.
A permit shall not be granted unless the Animal Control
Authority finds that all of the requirements set forth in this section
have been met.
E.
The personal possession permit shall set forth all
of the following information:
(1)
The name, address, phone number, and date of
birth of the permit holder.
(2)
The address, if different than above, where
the exotic animal(s) will be kept.
(3)
The name, number, sex, species, age of the exotic
animal(s), and any distinguishing marks or coloration that would aid
in the identification of the animal.
(4)
The name, address, and phone number of the veterinarian
who provides veterinary care to the exotic animal(s) named on the
permit.
(5)
Any other relevant information the Animal Control
Authority may deem necessary.
F.
The Animal Control Authority shall keep records of
who is carrying a valid permit. A permit holder shall notify the Animal
Control Authority of any changes of the information stated on the
permit, which shall include the death of the exotic animal.
A.
An exotic animal shall not be tethered, leashed, chained
outdoors, or allowed to run at large.
B.
An exotic animal shall not be mistreated, neglected,
abandoned or deprived of necessary food, water, and sustenance.
C.
A person transporting an exotic animal in a vehicle
shall keep the animal securely caged in the vehicle at all times.
D.
The possessor shall contact the Animal Control Authority,
a wildlife sanctuary or other organization maintained for the benefit
of such animals if the possessor can no longer care for the exotic
animal, prior to euthanasia of the exotic animal.
A.
The possessor of an exotic animal shall have continuously
posted and displayed at each possible entrance onto the premises where
an exotic animal is kept a conspicuous sign, clearly legible, and
easily readable by the public, warning that there is an exotic animal
on the premises. In addition, the possessor shall conspicuously display
a sign with a warning symbol that informs children of the presence
of an exotic animal.
B.
If any exotic animal unintentionally escapes, the
possessor of the exotic animal shall immediately contact a law enforcement
officer of the Township where the possessor resides to report the
escape or release. The possessor is liable for all expenses associated
with efforts to recapture the animal.
The permittee shall not bring an exotic animal
to any public property or a commercial retail establishment unless
the permittee is bringing the animal to a licensed veterinarian or
a veterinarian clinic.
A.
The Animal Control Authority, its staff, its agents,
local law enforcement agents, or county sheriffs are authorized and
empowered to enforce the provisions of this ordinance.
B.
The possessor of an exotic animal, at all reasonable
times, shall allow the Animal Control Authority, its staff, and its
agents to enter the premises where the animal is kept to ensure compliance
with this ordinance.
A.
If the Animal Control Authority finds that an applicant
for an original or renewal of a personal possession permit does not
meet the requirements set forth herein, the Animal Control Authority
shall deny the applicant a personal possession permit and give the
applicant written notice of the denial and the reasons for the denial.
B.
If the Animal Control Authority finds that a person
has not complied with this ordinance, the Animal Control Authority
may suspend or revoke the personal possession permit and give the
possessor written notice of the suspension or revocation and the reasons
for the suspension or revocation.
C.
A person who is denied a personal possession permit,
denied a renewal of a personal possession permit, or who has had a
permit suspended or revoked may appeal the decision to the Court of
Common Pleas for the precinct in which the animal is located or the
municipal court in the municipality in which the animal is located
no later than the 15th day after the permit is denied, suspended,
or revoked. The decision of the court may not be appealed.
A.
The Animal Control Authority may immediately confiscate
any exotic animal if the animal is kept in contravention of this ordinance.
The possessor is liable for the costs of confiscation, placement and
care for the exotic animal until the time of the return to the possessor
or until the animal has been relocated to an approved facility.
B.
If an exotic animal is confiscated due to the animal
being kept in contravention of this ordinance, the possessor must
post a security bond with the Animal Control Authority in an amount
sufficient to guarantee payment of all reasonable expenses expected
to be incurred in caring and providing for the animal, including but
not limited to the estimated cost of feeding, medical care, and housing
for a least 30 days. The security bond or cash shall not prevent the
Animal Control Authority from disposing of the animal at the end of
the 30 days unless the person claiming the animal posts an additional
security bond or cash with the Animal Control Authority to secure
payment of all reasonable expenses expected to be incurred in caring
and providing for the animal for an additional 30 days, and does so
prior to the expiration of the first thirty-day period. The amount
of the security bond or cash shall be determined by the Animal Control
Authority and based on the current rate to feed, provide medical care,
and house the animal.
C.
If the possessor of a confiscated exotic animal cannot
be located or if a confiscated exotic animal remains unclaimed, the
Animal Control Authority, at its discretion, may contact a licensed
facility or individual and allow the animal to be adopted by such
facility or individual, or may euthanize the animal.
D.
If the exotic animal cannot be taken up or recaptured
safely by the Animal Control Authority or if proper and safe housing
cannot be found, the Animal Control Authority may immediately euthanize
the animal.
E.
An exotic animal may be returned to the possessor
only if, to the satisfaction of the Animal Control Authority, the
possessor has a personal permit, has corrected the conditions resulting
in the confiscation, and has paid the cost of placement and care of
the animal while under the care and control of the Animal Control
Authority.
Whoever violates this ordinance shall be guilty
of a misdemeanor.
A.
Except as provided by this section, this ordinance
takes effect on the date the ordinance is signed into law.
B.
Not later than six months from the effective date
of this ordinance, the Animal Control Authority shall implement and
administer the prohibitions of the keeping of exotic animals under
this ordinance, including but not limited to the creation of the personal
possession permit program established by this ordinance, orders relating
to applications for personal possession permit and renewals, fees
for permits and renewals, and the form and content of the application.
C.
A person shall have until the date which is six months
from the effective date of this ordinance to obtain a personal possession
permit.
Any officer whose duty it is to enforce this
ordinance or any officer investigating any alleged violation of this
ordinance shall have the power and duty to:
A.
Enforce all provisions of this ordinance relating
to exotic animals and arrest any person who has violated any of the
provisions of this ordinance while in pursuit of that person immediately
following the violation.
B.
Go upon any land or water outside of buildings, posted
or otherwise, in the performance of the officer's duty.
C.
Secure, execute and serve all warrants and subpoenas
for suspected violations of this ordinance.
D.
Carry firearms or other weapons, concealed or otherwise,
in the performance of the officer's duties.
E.
Purchase and resell exotic animals, or any part thereof,
for the purpose of securing evidence.
F.
Stop and inspect, examine or search, at any time or
place, any person or means of transportation or its attachment or
occupants, or any clothing worn by any person, or any bag, clothing
or container within the Township upon reasonable suspicion of a violation
of this ordinance and upon presentation of official identification
and statement regarding the purpose of the inspection or search.
G.
When making an arrest or an investigation or when
found in the execution of a search warrant, seize and take possession
of any exotic animals held in possession and any equipment or evidence
related to the possession of such exotic animals within the Township.
H.
Demand and secure assistance when the officer deems
it necessary.
I.
Demand and secure identification from any person.
J.
Require the holder of any personal possession permit
required by this ordinance to sign the holder's name on a separate
piece of paper in the presence of the requesting officer.
