No person shall keep or maintain any live animals or live poultry
within the Borough. Any person maintaining live animals or live poultry
as of July 1, 2007, and maintaining a permit therefor, may continue
to maintain such live animals or live poultry and shall secure a written
permit therefor from the Board of Health, granted by said Board at
one of its regular meetings.
Any person maintaining live animals or live poultry as of July
1, 2007, and maintaining a permit therefor as of such date, shall
make written application to the Board of Health, setting forth therein
what kind of live animals or live poultry the applicant desires to
keep or maintain, the location and kind of enclosure in which the
same are proposed to be kept or maintained, the approximate maximum
number which the applicant is likely to keep and maintain and that,
in the event a permit therefor is granted, he will not keep or maintain
a greater number than the maximum which may be allowed by said permit.
Any permit granted pursuant to this article shall expire on the 31st day of December in each year and, provided that said person shall continue to meet the full requirements of this article, shall be renewed annually. A fee as provided in Chapter
220, Fees, shall be paid for each such permit issued or for any renewal thereof. Every such permit or any renewal thereof may be revoked by said Board of Health for any violation of this article, which may be in addition to the imposition of any other penalty herein provided.
No live animals or live poultry shall be kept or maintained
in any dwelling house or any part thereof or in any tenement house
or in any part thereof or in any building occupied or capable of being
occupied by human beings or be allowed to run at large, but the same
shall be housed in proper structures suitable for the kind of live
animals or live poultry being kept or maintained and enclosed in runways.
Said structures and runways shall at all times be kept in a thoroughly
clean and sanitary condition and be inoffensively and unobjectionably
maintained. No part of any structure or runway shall be nearer than
75 feet to any building, occupied or unoccupied by human beings, or
any church, school or public building.
The provisions of §
136-28 of this article with respect to the location of structures and runways shall not apply to marketmen or persons dealing in live poultry, but in every such case a special permit shall be required, which permit shall be granted under such restrictions and conditions as the Board of Health may deem necessary for the public health.
No permit shall be issued for the keeping or maintaining of
live animals or live poultry in any place where the same would be
or constitute a nuisance to any person residing in the vicinity of
the place where such live animals or live poultry are to be kept or
maintained.
All renewal permits shall be issued by the Clerk of the Board
of Health after approval thereof by said Board, as aforesaid, and
shall specify the place where and the maximum number of live animals
or live poultry that may be kept or maintained thereon.
Any person who shall violate or fail to comply with any of the
provisions of this article shall, upon conviction thereof, be punished
by a fine not to exceed $2,000 or imprisonment for a term not to exceed
90 days or a requirement to perform community service for a period
not to exceed 90 days; and each day that a violation is permitted
to exist shall constitute a separate offense.