Township of Marple, PA
Delaware County
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Table of Contents
Table of Contents
[Adopted 9-13-1971 by Ord. No. 71-16]

§ 95-33 Purpose.

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.

§ 95-34 Definitions.

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.

§ 95-35 Permitted animals.

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)
Cats (Fellis catus)
Cows (Bos taurus), beef and dairy: subject to zoning
Dogs (Canis familaris), except Dingoes
Frogs (Salientia)
Goats (Capra hircus): subject to zoning
Goldfish and carp (Cyprinidae)
Guinea pigs (Cavia cutler)
Hamsters (Cricetus and Mesocricetus)
Horses and ponies (Equus caballus): subject to zoning
Lizard (Sauria), except those listed under animals prohibited in the Township
Mice, white (Mus muscuius)
Poultry (ducks, chickens, swans, geese, turkeys, guinea fowl and pigeons kept for show or racing): subject to zoning
Rabbits, restricted to European-type rabbits (Oryctolagus cuniculus) commonly kept as pets or livestock
Rats, white (Rattus norvegicus)
Salamanders (any tailed amphibian)
Sheep (Ovis aries): subject to zoning
Snakes, nonpoisonous and native to Township of Marple
Toads (Salientia)
Tropical fish: limited to those customarily maintained in a household aquarium, except piranhas

§ 95-36 Prohibited animals.

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
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orang-utans (Pongo); and stamangs (Symphalangus)
Baboons (Papio, Mandrillus)
Bears (Ursidae)
Bison (Bison bison)
Cheetahs (Acinonyx jubatus)
Crocodillians (Crocodillia), 24 inches in length or more
Coyotes (Canis latrans)
Deer (Cervidae): includes all members of the deer family; for example, white-tailed deer, elk, antelopes, moose
Elephants (Elephas and Loxodonta)
Game cocks: i.e., fighting birds
Hippopotami (Hippopotamidae)
Hyenas (Hyaenidae)
Jaguars (Panthers onca)
Leopards (Panthera pardus)
Lions (Panthera leo)
Lynxes (Lynx)
Monkeys, Old World (Cercopithecidae)
Ostriches (Struthio)
Piranha fish (Characidae)
Pumas (Fellis concolor): also known as cougars, mountain lions and painters
Rhinoceroses (Rhinocero tidae)
Sharks (Class Chondrichthyes)
Snakes: all snakes, native or otherwise, exceeding four feet in length
Snow leopards (Panthera uncia)
Swine (Suidae)
Turtles (Chelonia)
Tigers (Panthera tigris)
Wolves (Canis lupus)

§ 95-37 Animals permitted with license in Township.

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.

§ 95-38 Board of Health.

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.

§ 95-39 Zoological garden or menagerie permit.

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.

§ 95-40 Fees.

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.

§ 95-41 Violations and penalties.

[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.