Borough of Lehighton, PA Wild or Exotic Animals

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:

Amphibians: all venomous frogs, toads, turtles, etc.;

Bear (Ursidae): all bears, including grizzly bears, brown bears, black bears, etc;

Cat family (Felidae): all, except commonly accepted domestic cats, including lions, pumas, panthers, mountain lions, leopards, jaguar, ocelots, margays, tigers, bobcats, wild cats, etc.;

Crocodilians: all alligators, caimans, crocodiles, gavials, etc.;

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.;

Pig: all wild or domesticated swine, etc., excluding certified vietnamese potbellied pigs, in accordance with § 85-13C hereof;

Porcupine (Erethizontidae); all porcupines, skunks, etc.;

Primates (Hominidae): all subhuman primates, etc.;

Raccoons (Procyonidae): all raccoons and civets, etc.;

Reptiles: all venomous and constricting snakes, venomous lizards, etc.;

Venomous invertebrates: all venomous spiders, scorpions, etc.;

Weasels (Mustelidae): all, including weasels, martens, mink, wolverine, ferrets, badgers, otters, ermine, mongoose, etc., excluding domesticated ferrets, in accordance with § 85-13B hereof.

§ 85-13 Wild or exotic animals prohibited; exceptions.

No person shall keep a wild or exotic animal in any place other than a zoological park, veterinary hospital (not boarded) or clinic, humane society, or circus, sideshow, amusement show or facility used for educational or scientific purposes, which provides proper cages, fences and other protective devices adequate to prevent such animal from escaping or injuring the public or causing a health hazard due to fecal matter or otherwise.

Domesticated ferrets are permitted as house pets, provided that the following requirements are met:

(1)

Ferrets must be descented.

(2)

Ferrets must be spayed or neutered.

(3)

Ferrets are to be vaccinated, except as otherwise provided herein. Vaccination documents or a statement from a licensed veterinarian advising against vaccination shall be furnished upon request.

(4)

No breeding of ferrets is permitted.

(5)

Ferrets are not to be at large when outdoors.

Vietnamese potbellied pigs are permitted as house pets, provided that the following requirements are met:

(1)

The pet owner is to obtain a document from a licensed veterinarian or a nationally recognized registry certifying that the pet is a Vietnamese potbellied pig.

(2)

No more than two Vietnamese potbellied pigs are permitted and shall be primarily indoor pets.

(3)

Vietnamese potbellied pigs are to be spayed or neutered.

(4)

No breeding of Vietnamese potbellied pigs is permitted.

(5)

Vietnamese potbellied pigs are not to be at large when outdoors.

(6)

Vietnamese potbellied pigs are to be vaccinated, except as otherwise provided herein. Vaccination documents or a statement from a licensed veterinarian advising against vaccination shall be furnished upon request.

The fostering of keeping of a service animal is permitted in a household, provided the following requirements are met:

(1)

No more than one service animal is permitted.

(2)

Upon request, the property owner is to furnish documentation certifying that the animal has been trained or is being fostered in accordance with a training program administered by a nonprofit organization.

§ 85-13.1 Possession of wild or exotic animals in public prohibited; exceptions.

[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.

§ 85-14 Sale, adoption, exchange or transfer prohibited.

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.

§ 85-15 Removal and disposal required.

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.

§ 85-16 Permit and nonconforming status required for existing owned animals.

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 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.)

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.

Upon the death, sale, adoption, exchange, transfer or disposal of said wild or exotic animal, the animal may not be replaced.

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.

§ 85-17 Violations and penalties.

Any person who violates any provision of this article shall be subject to the following penalties:

(1)

First violation: a fine of $50 or 30 days' imprisonment, or both;

(2)

Second violation: a fine of $100 or 60 days' imprisonment, or both;

(3)

Third violation: a fine of' $250 of 90 days' imprisonment, or both;

(4)

Fourth and each subsequent violation: a fine of $500 or 90 days' imprisonment, or both.

Each day's violation shall constitute a separate offense.