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:
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.
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.
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.
