[Adopted 3-11-2002 by Ord. No. 119]
To establish regulations governing the keeping
of animals in a dwelling owned or occupied by their owner or owners
in order to protect human and animal health and welfare, and to ensure
that no public nuisance shall be created. To allow for the removal
of such animals in the event of noncompliance with this article. These
regulations shall not apply to working farms, agricultural districts
or commercial entities engaged in the sale of, breeding, grooming,
boarding or veterinary services.
As used in this article, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context. In addition, all terms shall have their
generally approved and accepted meanings.
Any breed of domesticated dogs, cats, fowl, birds, rabbits,
rodents, reptiles or other animals of similar character.
The barking by a dog or the making of a noise by any other
animal, which although intermittent, is generally continuous and sustained
over a period of time.
Animal urine, fecal matter and other odors caused by excessive
animal habitation.
A Township employee engaged in enforcing Township codes and
ordinances, a Township police officer, or Animal Control Officer appointed
by the Township for the purpose of enforcing Township animal control
ordinances.
The provisions of this article shall be jointly
enforced by the Codes Department and the Police Department as defined
by "officer" in the definitions. In the interest of public health,
safety and general welfare, the Code Official or authorized representative
shall have the authority to enter at any reasonable hour any building,
structure or premises in the Township for purpose of enforcing this
article.
All animals kept in a dwelling or upon a premises
shall comply with the following standards:
A.
No animal of any kind shall be kept in any structure
or enclosure or elsewhere on a property which will result in unhealthy
or unsanitary conditions for humans or animals or cause excessive
noises, objectionable odors or pollution of groundwater or stormwater
runoff to neighboring properties.
B.
All animals shall have appropriate and adequate facilities
for food and water.
C.
All animals and animal quarters shall be kept in clean
and sanitary condition with adequate ventilation.
D.
The owner of the animals shall use every reasonable
precaution to assure that the animals are not teased, abused, mistreated,
annoyed, tortured or in any manner made to suffer by any means.
E.
Animals shall be maintained on the premises so as
to eliminate offensive odors or excessive noise.
F.
Any and all animals must be kept healthy and free
from sickness and disease at all time. The officer shall have the
authority to require documentation of proof of current vaccination
and proof that the animals have been spayed or neutered. If such proof
can not be produced, the officer shall cause an examination to be
done by an approved veterinarian at the owner's expense.
Except for species of fish, it shall be unlawful
to keep more than six animals of the same species or of combined species
five months of age or older in any dwelling regardless of the number
of owners, unless said premises is a zoo, petting zoo, menagerie,
kennel, aviary, catery, pet shop, or veterinary clinic which has received
zoning approval to operate as such, as well as the appropriate licenses
and/or certificates required for said operation by state and local
agencies.
Greater numbers of animals may be kept in a dwelling only in accordance with this article and only if the officer deems that all the general standards for keeping animals are being complied with in their entirety. If the officer deems otherwise, all the animals in excess of the maximum number allowed by this article shall be removed from the dwelling in accordance with § 112-15 of this article.
The officer shall have the authority to remove
any and all animals found in violation of this article. The officer
shall have the authority to determine the best disposition for the
animals. It shall be the owner's responsibility for any and all costs
incurred by such disposition.
[Amended 9-10-2007 by Ord. No. 135]
Any owner, custodian or keeper of any animal who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article, together with any incurred costs under §§ 112-12F and 112-15. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
