As used in this article, the following terms
shall have the meanings indicated:
ANIMAL
All nonhuman vertebrate and invertebrate species, whether
wild or domestic, commonly considered to be part of the animal kingdom.
BOROUGH OFFICIAL
That person or persons designated by the Borough Council
to enforce the provisions of this article. Included in this definition
are police officers that shall have the same power to act as the Animal
Control Officer, and representatives of the Borough.
OWNER
Includes every person, firm or corporation having a right
of property in any animal which is kept, harbored or cared for within
the Borough of Lehighton for a period of three or more days, as well
as every person, firm or corporation occupying any premises within
the Borough which permits any animal to remain on or about its premises
for a period of three or more days.
SERVICE ANIMAL
An animal that is trained under the guidelines of a nonprofit
organization to be a helper, assisting a handicapped person perform
simple, everyday tasks.
WILD OR EXOTIC ANIMAL
Any animal of a species prohibited by Title 50, Code of Federal
Regulations, or otherwise controlled by the Commonwealth of Pennsylvania.
It shall include any animal which is wild, fierce, dangerous, noxious
or naturally inclined to do harm. Wild animals, however domesticated,
shall also include but not be limited to:
A.
Amphibians: all venomous frogs, toads, turtles,
etc.;
B.
Bear (Ursidae): all bears, including grizzly
bears, brown bears, black bears, etc;
C.
Cat family (Felidae): all, except commonly accepted
domestic cats, including lions, pumas, panthers, mountain lions, leopards,
jaguar, ocelots, margays, tigers, bobcats, wild cats, etc.;
D.
Crocodilians: all alligators, caimans, crocodiles,
gavials, etc.;
E.
Dog family (Canidae): all, except domesticated
dogs, including wolf, fox, coyote, dingo or offspring of domesticated
dogs bred with a wolf, fox, coyote, dingo, etc.;
F.
Pig: all wild or domesticated swine, etc., excluding certified vietnamese potbellied pigs, in accordance with §
85-13C hereof;
G.
Porcupine (Erethizontidae); all porcupines,
skunks, etc.;
H.
Primates (Hominidae): all subhuman primates,
etc.;
I.
Raccoons (Procyonidae): all raccoons and civets,
etc.;
J.
Reptiles: all venomous and constricting snakes,
venomous lizards, etc.;
K.
Venomous invertebrates: all venomous spiders,
scorpions, etc.;
L.
Weasels (Mustelidae): all, including weasels, martens, mink, wolverine, ferrets, badgers, otters, ermine, mongoose, etc., excluding domesticated ferrets, in accordance with §
85-13B hereof.
[Added 6-23-2014 by Ord. No. 615-2014]
No person shall carry, hold or possess a wild or exotic animal
on any public place, including sidewalks, streets, alleys, highways,
parks, playgrounds or Borough owned property, within the Borough of
Lehighton, unless such animal is in a Borough park as part of an event
approved by Borough Council which specifically allows such animals.
No person shall sell, or offer for sale, adoption,
exchange or transfer, with or without charge any wild or exotic animal.
This section is not intended to apply to persons owning or possessing
wild or exotic animals prior the passage of this article, provided
that the person or persons taking possession of such wild or exotic
animal following said sale, adoption, exchange or transfer is/are
not a resident of the Borough of Lehighton.
Any person who keeps a wild or exotic animal
in contravention of this article must dispose of the animal by removal
of the animal from the Borough or by giving the animal to the Borough
Official. The Borough Official is authorized to release the animal
to the wild, to a zoological park, or to dispose of the animal in
some humane manner. The owner shall either pay directly or reimburse
the Borough for the cost of removal and/or placement at a park or
other facility.
Any person owning or possessing a wild or exotic
animal at the time of enactment of this article may, pending the approval
of the Zoning Officer, obtain a permit and nonconforming status for
said wild or exotic animal, provided that:
A. A permit application and nonconforming use application
is filed with the Zoning Officer within 45 days of the effective date
of this article. Such application is to include:
(1) Species, age and sex of said wild or exotic animal.
(2) A plan for the housing and containment of said wild
or exotic animal that must be reviewed, inspected and approved by
the Borough Building Official as adequate to prevent such animal from
escaping or injuring the public. (Any changes to containment plans
or facilities already permitted must be submitted to and approved
by the Building Official before changes may be implemented.)
B. An annual permit fee of $10 per wild or exotic animal
shall be paid by the owner or possessor of such animal to the Treasurer
of the Borough of Lehighton. A copy of the permit is to be filed with
the Police Department.
C. Upon the death, sale, adoption, exchange, transfer
or disposal of said wild or exotic animal, the animal may not be replaced.
D. If such wild or exotic animal is taken to any public
place, it shall not be free to roam and must be controlled by a leash
or cage. The permit for such animal must be carried by the owner/possessor.