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:
ANIMAL
Construed in a broad sense to include not only animals so-called,
but also birds, fish, reptiles and insects.
BOARD
The Board of Health of Marple Township.
MENAGERIE
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.
PERSON
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.
PET SHOP
A retail shop operating under a pet shop permit pursuant to Article
I of this chapter in the business of selling animals and maintaining, keeping or possessing any animal for which a permit may be issued by the Board under §
95-37 hereto at any time during the calendar year or any part thereof.
ZOOLOGICAL GARDEN
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.
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.
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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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.