[Adopted 9-10-2001 by Ord. No. 663]
A. 
The following words and terms, as used in this article, shall have the meanings hereby respectively ascribed thereto, except where the context clearly indicates a different meaning:
ANIMAL
Any domestic animal or fowl, any wild animal, or any household pet.
DOMESTIC ANIMAL
Any animal hereinafter defined as a household pet. This definition specifically excludes any large and wild animals (of the bovine, equine, sheep and hog/swine family, bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves, elephants, rhinoceros, hippopotamus and deer and any cross breed of these animals) and small animals, including birds, fowl or reptiles not normally domesticated (including those reptiles having a venomous or constrictor nature) chicks, turkeys, geese, ducks, pigeons, or poultry, including all species of chickens and such animals that may be used for service, medicinal and nutrition purposes.
[Amended 10-17-2016 by Ord. No. 771]
HOUSEHOLD PET
Any dog, cat, or other domestic animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner.
LARGE ANIMAL
Any domestic animal of the bovine, equine, sheep, hog/swine family, bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves, elephants, rhinoceros, hippopotamus and deer and any cross breed of these animals.
[Amended 10-17-2016 by Ord. No. 771]
PERSON
Any person, firm, partnership, association, or corporation.
SMALL ANIMAL
Any household pet and any domestic animal such as a rabbit, hare, guinea pig, rat, mouse, chinchilla, canary, parakeet or cockatoo. This definition does not include fowl, chicks, turkeys, geese, ducks, or pigeons, or poultry, including all species of chickens and such animals that may be used for service, medicinal or nutrition purposes.
[Amended 10-17-2016 by Ord. No. 771]
WILD ANIMAL
Any animal, bird, fowl or reptile not normally or ordinarily domesticated; not ordinarily raised in this area and climate as livestock, for work or breeding purposes; or not normally kept as a household pet. Wild animals include and are not limited to bovine, equine, sheep, hog/swine family, bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves, bees, birds, fowl or reptiles not normally domesticated (including those reptiles having a venomous or constrictor nature), chicks, turkeys, geese, ducks, pigeons, or poultry, including all species of chickens and cross breeds of these animals.
[Amended 10-17-2016 by Ord. No. 771]
B. 
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.
It shall be unlawful for any person to keep any wild animal at any place within the Borough of Derry, except where the same shall be permitted under the Borough Code at a park, zoological garden or similar establishment for exhibit to the public or to any portion thereof.
It shall be unlawful for any person to keep any domestic animals, except as household pets, except as provided in this section.
A. 
It shall be unlawful for any person to keep any large animal at any place within the Borough of Derry, except where the same shall be permitted under the Borough Code, at a park, zoological garden or similar establishment for exhibit to the public or any portion thereof.
[Amended 10-17-2016 by Ord. No. 771]
B. 
Small animals shall be kept confined in quarters no part of which shall be closer than 25 feet to the exterior limits of any dwelling or of any property line.
C. 
The keeper of every such domestic animal shall confine the same to the owner's property by leash, enclosure, or other confinement sufficient to prevent the domestic animal from straying uncontrolled onto any publicly owned property or onto the property owned, controlled, or leased by others. Such enclosure shall be of a size conducive to good sanitation practices, and adequate and sanitary drainage facilities shall be provided.
D. 
Every keeper of a domestic animal shall cause the litter and droppings therefrom to be collected daily in a container or receptacle of such type that, when closed, it shall be ratproof and flytight and after every such collection shall cause such container or receptacle to be kept closed. At least twice a week, every such keeper shall cause all litter and droppings so collected to be disposed of in such a manner as not to permit the presence of fly larvae.
E. 
Every keeper of a domestic animal shall cause all feed provided therefor to be stored and kept in a ratproof and flytight building, box, container or receptacle.
F. 
If any such domestic animal shall be kept in a dwelling occupied by any person, such person shall be required to follow such procedures and practices as to the number of such pets to be kept there and as to sanitation, to ensure that no public nuisance shall be created or maintained and no threat to the health of persons living elsewhere than in such dwelling shall be created.
G. 
In the event a keeper claims that a small, large or wild animal that is prohibited to reside in the Borough of Derry is a service/comfort animal or used for medicinal or nutrition purposes requiring a public accommodation, the keeper shall present to the Borough of Derry a written certification issued by the federal government or Commonwealth of Pennsylvania that the small, large or wild animal is a service animal as defined by 28 CFR 36.104, preempting this prohibition. Service or tasks of an animal, including crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship, do not constitute work or tasks mandating a public accommodation in the Borough of Derry.
[Added 10-17-2016 by Ord. No. 771]
A. 
The owner of any dog within the Borough of Derry shall be totally responsible at all times when the dog is beyond the premises of the owner of the dog to have the dog on a leash or by other means under the control of the owner. The owner of any dog within the Borough of Derry shall prevent at all times the dog from defecating on publicly owned property or private property owned by others and shall be responsible, if any such defecation should occur to remove the dregs immediately from the publicly or privately owned property.
B. 
Each defecation or each straying of a dog onto public property or private property owned by others (without the immediate removal of dregs) which is a violation of any section of this article shall be consideration to be a separate offense.
A. 
No person shall allow any dog or other domestic animal owned by him or under his control or any nondomesticated animal confined on that person's premises, to make any loud or harsh noise or disturbance which shall interfere with or deprive the peace, quiet, rest or sleep of any person within the Borough.
B. 
Any person who shall violate any of the provisions of this section shall be given notice thereof, either in writing or orally, by the Borough Police or other Borough employees. Any person who shall violate any of the provisions of this section after receiving two warnings of such violation shall be subject to the penalty provisions of § 128-9 herein. Each day's violation of any of the provisions of this section shall constitute a separate offense.
[Amended 6-13-2011 by Ord. No. 740]
Any person violating any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days, provided that each violation of any provision of this article and each day the same continues shall be deemed a separate offense.