It is deemed to be in the interest of the residents of the borough to adopt a code to regulate and control the keeping of animals in the borough for the following reasons:
A. 
Keeping of animals may foster the breeding of insects and rodents and the germination of bacteria and other infectious microbes all of which may cause diseases.
B. 
The keeping of animals may create foul and noxious odors as well as disturbing noises.
C. 
The keeping of animals may result in the running at large of animals in the community.
D. 
The keeping of animals may otherwise affect the public health, welfare and safety.
A. 
An animal of Class I within the meaning of this article is a lion, tiger, bear or any other animal of large size belonging to the biological order of carnivores, or any other undomesticated mammal or reptile of large size, except as provided.
B. 
An animal of Class II within the meaning of this article is a horse or any other species of animal belonging to the biological order of perissodactyla, or a cow or any other species of animal belonging to the biological order of artiodactyla, provided that Class II be constituted only of such animals of which the average weight for an adult of this species is greater than 600 pounds.
C. 
An animal of Class III within the meaning of this article is a sheep or goat or any other species of animal belonging to the biological order of artiodactyla or any species of animal belonging to the biological order of perissodactyla, provided that Class III be constituted only of such animals of which the average weight for an adult of the species is less than 600 pounds.
Domestic cats and domestic dogs are specifically excluded from the definitions of animals herein. For purposes of this exclusion:
A. 
A domestic cat shall be a member of the felidae family long kept by man as a pet but not including members of the felidae family that usually live in a wild state.
B. 
A domestic dog shall be a member of the canidae family long kept by man as a pet but not including members of the canidae family usually living in a wild state.
No animal of Class I shall be kept or maintained in the borough.
A. 
No animal or animals of Class II and Class III shall be kept or maintained in the borough unless such animal or animals have a building for their shelter and a fully enclosed corral or coop for their containment. The running at large of such animal or animals is specifically prohibited.
B. 
No building, stable, outhouse or accessory building used for housing an animal or animals of Class II or Class III shall be located within less than 50 feet from a property line of an adjoining property owner.
C. 
No animal or animals of Class II or Class III shall be kept, harbored, grazed or otherwise maintained within less than 30 feet of a property line of an adjoining landowner.
D. 
The keeping or maintaining of an animal or animals of Class II shall be forbidden unless such animal is kept on a plot of land of sufficient area so that there shall be 40,000 square feet for the first two animals and an additional 40,000 square feet for each additional animal.
E. 
The keeping or maintaining of an animal or animals of Class III shall be forbidden unless such animal is kept on a plot of land of sufficient area so that there shall be 40,000 square feet for the first four animals and an additional 40,000 square feet for each additional two animals.
In the keeping or maintaining of an animal or animals of Class II and Class III, the following rules and regulations shall be followed:
A. 
All stables, buildings or accessory buildings shall be cleaned regularly of all manure, feculent matter and waste.
B. 
All manure, feculent matter and waste shall be removed from the premises or spread and treated with such chemicals and other materials as shall be necessary to prevent odor and the attraction of insects and rodents.
C. 
All stables, buildings or accessory buildings shall be fogged or sprayed regularly with an insecticide which is designed to kill flies and insects.
D. 
All premises on which animals are kept shall be maintained to a sanitary condition.
A. 
A public nuisance shall be deemed to exist in the following circumstances:
(1) 
The keeping of animals in a manner that may foster the breeding of insects and rodents and the germination of bacteria and other infectious microbes, all of which may cause diseases.
(2) 
The keeping of animals in a manner that may create foul and noxious odors as well as disturbing noises.
B. 
Noncompliance with §§ 265-4, 265-5 and 265-6 will be evidentiary that a nuisance hereunder exists. A nuisance hereunder shall be subject to abatement at the expense of the owner.
A. 
Any use existing on April 27, 1970, and not in compliance with § 265-5B, C, D and E herein may be continued as a preexisting use, subject, however, to the provisions of § 265-7.
B. 
A preexisting use shall be deemed to have been abandoned if it is discontinued for a period in excess of six months.
Each animal shall be free from sickness and disease. Should the Board of Health have reasonable cause to question the health of any animal, it shall have the authority to require after notice to the owner an examination by a doctor of veterinary medicine. Such examination shall be at the expense of the owner.
A. 
Permit required. A permit shall be required for any person desiring to keep or maintain one or more animals in the borough of Class II or Class III as herein defined.
B. 
Application; application requirements. Application for such permit shall be made to the Health Officer of the borough.
C. 
The application form shall be provided by the Board of Health and shall set forth:
(1) 
The name and address of the applicant.
(2) 
A description of the premises by lot and block number.
(3) 
The number and type of animals to be kept, owned or harbored at the premises.
(4) 
Illustration, by diagram, of the lands and buildings to be used by the applicant and the relative position of the buildings and land to be used in respect to the boundary lines of the applicant's property and other buildings within the lot or plot and the relative position of all other buildings on land immediately adjacent on all sides of the land of the applicant.
D. 
Fee and term of permit. The fee for each permit issued shall be as set forth in Chapter 282, § 282-3. Each permit shall expire on December 31 of each year, unless sooner revoked by the Board of Health.
A. 
Any person who now owns animals of Class II or Class III as herein defined shall make application to the Board of Health for a permit pursuant to and in accordance with the terms and provisions of this article within 15 days after October 26, 1970. Any persons failing to comply with the provisions of this section shall be deemed to be in violation herein.
B. 
Any permit granted hereunder may be revoked by the Board of Health for any violations of the provisions herein and for good cause shown after five days' notice in writing to the person, firm or corporation to whom or to which the permit was granted upon hearing of the charges presented, and no permit so revoked shall be reissued except for good and sufficient reason shown.
C. 
No permit shall be issued unless the applicant shall be in compliance with the provisions of this article except as provided in § 265-8.
Any person who shall do an act or omit to do an act which is in violation of any operative provision of this article shall be in violation of the law and, upon conviction thereof, shall be subject to a penalty or fine of not more than $100. Upon conviction and failure to pay the amount of the penalty, such person may be committed to county jail for a period not exceeding 90 days. Each day for which a violation of this article continues shall be considered to be a separate violation hereunder.