[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg 1-5-1998
by Ord. No. 1-98. Amendments noted where applicable.]
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section:
All nonhuman vertebrate and invertebrate species, whether wild or
domestic, commonly considered to be part of the animal kingdom.
Any property, premises or place where animals are located, but not
a place that is defined as a kennel.
An animal off the premises of the owner not secured by a leash or
lead, or under the control of a responsible person and obedient to that person's
commands.
The Borough of Pennsburg, Pennsylvania.
That person or persons designated by the Borough Council to enforce
the provisions of this chapter. Included in this definition are the Animal
Control Officer, all other police officers who shall have the same power to
act as the Animal Control Officer and the Borough Code Enforcement Officer.
Includes every person, firm, corporation having a right of property
in any animal which is kept harbored or cared for within the Borough of Pennsburg
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.
Any area of the borough where the predominate land use is the residential dwelling use of human beings and shall include, but not be limited to, the residential zones as defined in Chapter 110 of the borough's Codified Ordinances.
A graduate of a recognized school of veterinary medicine licensed
to practice in the State of Pennsylvania.
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 include, but not be limited
to:
Dog family (Canidae): All except domesticated dogs, including wolf,
fox, coyote, dingo, etc.;
Cat family (Felidae): All except commonly accepted domestic cats, including
lions, pumas, panthers, mountain lions, leopards, jaguars, ocelots, margays,
tigers, wild cats, etc.;
Bears (Ursidae): All bears, including grizzly, brown bears, black bears,
etc.;
Weasels (Mustelidae): All except domesticated mink and ferrets, including
weasels, martens, wolverine, badgers, otters, ermine, mongoose, etc.;
Raccoons (Procyonidae): All raccoons and civets;
Primates (Hominidae): All subhuman primates;
Porcupines (Erethizontidae): All porcupines;
Skunks: All excepting domesticated skunks;
Snakes: All venomous snakes and venomous lizards;
Crocodilians: All alligators, caimans, crocodiles, gavials, etc.;
Venomous fish and piranha;
Venomous invertebrate.
A.
The owner, possessor or manager of any animal shall not
permit the same to trespass upon the premises of another property owner without
prior permission or he shall be in violation of this chapter and shall have
the burden of proving that permission to maintain his animal on the property
on such other.
B.
It shall be unlawful for the owner or person in custody
or control of any animal to allow the animal to run at large upon public property
or upon the private property of other than the owner or person in custody
or control of said animal. It shall be the duty of the Borough Official to
seize and detain any animal which is found running at large, either upon public
property or upon the property of other than the owner of such animal, and
unaccompanied by the owner or keeper.
C.
No owner of any animal or any person having the care,
custody and control of any animal shall permit the same to discharge or deposit
any fecal matter upon the property of another without immediately removing
such matter and disposing of it in a sanitary manner.
D.
No owner or possessor of real property shall permit animal
fecal matter to accumulate on such property, and it shall be the owner's
or possessor's responsibility to remove such matter to prevent any such
accumulation from becoming a danger to public health.
E.
The owner, possessor or manager of any animal shall not
permit the same to make noise, bark, howl or yelp continuously. "Continuously"
shall mean for a period of not less than 15 minutes during which the animal
in question persists in the noise described even though there is intermittent
periods of quiet.
A.
The Borough Official who has seized an animal under the
provisions of this chapter shall see that the same is properly kept and fed.
B.
The owner of an animal so seized and detained may reclaim
the same by:
(1)
Paying all expenses incurred in feeding and boarding
the animal at a prevailing rate established by the Humane Society or other
similar organization at which the animal is detained.
(2)
Paying an impoundment fee as established by the borough
on annual basis.
(3)
Providing proof of compliance with such state legislation
pertinent to vaccination against rabies.
(4)
If the Borough Official should seize an animal bearing
a license tag or legible tattoo, he shall cause immediate notice of such seizure
to be sent by registered or certified mail with return receipt to the person
in whose name the license was procured or his agent, to claim such animal
within five days of the date of his receipt of such notice. Should the owner
not claim his licensed animal in accordance with such notice, that animal
can be given to the Human Society or other similar organization or destroyed
by the Borough Official in a humane manner.
(5)
Any unlicensed animal seized and detained by the Borough
Official which has not been claimed by its owner within 10 days of the date
upon which it was seized can be given to the Humane Society or other similar
organization.
When, in the judgment of the Borough Official, it is determined at the
scene of an accident that an animal is injured beyond any medical help, such
animal may be humanely destroyed.
The owner of any animal or fowl which has died, when said owner knows
of such death, shall forthwith have its body cremated or buried or otherwise
disposed of in a manner acceptable to the Borough Official. Should the owner
of any dead animal or dead fowl fail to comply with the provisions of this
section, and after 48 hours of written notice delivered to such owner by the
Borough Official, said Borough Official shall be authorized to cause any dead
animal or fowl to be cremated or buried at the expense of said owner.
A.
Wild or exotic animals prohibited. No person shall keep
a wild or exotic animal in any place other than a veterinary hospital or clinic,
humane society or circus, sideshow 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 causing injury to the public.
B.
Sale, exchange, adoption or transfer of wild or exotic
animals prohibited. No person shall sell, offer for sale, adoption 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 to the
enactment of this chapter, 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 Pennsburg.
C.
Keeping farm animals prohibited. It shall be unlawful
for any person to keep or maintain any cattle, swine, sheep, goats or fowl
in the borough.
The Borough Official, with the approval of Borough Council, may promulgate
such written rules and regulations as may be reasonably necessary for the
administration of the provisions of this chapter.
Any person interfering with the Borough Official in the enforcement
of this chapter shall be guilty of a violation of this chapter.
Any person who shall take away or attempt to take away or who shall
cut or attempt to cut the leash of any animal from the possession and custody
of the Borough Official or any police officer shall be guilty of a violation
of this chapter.
It shall be unlawful for any person to:
A.
Overdrive, overload, overwork, torture, beat, mutilate,
kill needlessly, carry in a vehicle in an inhumane manner or otherwise mistreat
any animal.
B.
Fail to provide any pet or animal with proper food, drink,
protection from the weather and veterinary care.
C.
Abandon any pet or animal.
D.
Intentionally poison any pet or animal.
E.
Allow or promote any fight between animals or to allow
or permit any such fight in or upon premises in his possession or under his/her
control. In the event that the Borough Official or other authorized agency
finds an animal in neglected conditions or to be suffering, it shall have
the right forthwith to remove or cause to be removed any such animal to a
safe place for care at the owner's expense, provided that the owner is
properly notified. Return to the owner shall be permitted until the owner
has made full payment for expenses incurred. Said payment shall not be considered
in lieu of criminal charges which may be filed.
A.
The provisions of this chapter are severable; and if
any provision is held unconstitutional or illegal, the remaining provisions
of this chapter shall in no way be affected or impaired.
B.
Should any provision of this chapter be held unenforceable
with respect to a particular type of animal because state legislation has
been regulating, with respect to that type of animal, the activity herein
sought to be regulated with respect to all types of animals, such provision
shall remain effective with respect to those types of animals that are not
the subject of such state legislation.
Any person, firm or corporation that shall fail, neglect or refuse to
comply with any of the terms or provisions of this chapter or any regulation
or requirement promulgated pursuant thereto and authorized thereby shall,
upon conviction thereof, be ordered to pay a fine of not less than $25, nor
more than $1,000, and in default of payment of fine and costs to undergo imprisonment
of not more than 90 days. Each day's violation shall constitute a separate
offense.
