[HISTORY: Adopted by the Borough Council of the Borough of
Jenkintown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-25-1974]
This article is enacted to regulate the maintenance, keeping
or possession of animals within the Borough of Jenkintown in order
to promote the health, safety and general welfare of its inhabitants.
Where the provisions of this article impose greater restrictions than
those of any other ordinance, regulation or resolution, the provisions
of this article shall be controlling. Where the provisions of any
other ordinance, regulation or resolution impose greater restrictions
than this article, the provisions of such other ordinance, regulation
or resolution shall be controlling.
The following definitions shall apply in the interpretation
and enforcement of this article:
"Animal" shall be construed in a broad sense to include not
only animals so-called, but also birds, fish, reptiles and insects.
A collection of animals not listed in § 66-3 kept in cages or enclosures for exhibition by a full-time professional trainer.
Police officer or duly appointed Animal Control Officer.
[Amended 4-28-1980 by Ord. No. 80-13]
Any individual, partnership, association, corporation, estate
or trust, as well as all officers, agents, servants, employees or
others acting for any of the same, and shall be taken as applying
in the singular or plural, as the case may require.
A retail shop primarily in the business of selling animals and maintaining, keeping or possessing any animal for which a permit may be issued by the officer under § 66-5 hereof at any time during the calendar year or any part thereof.
A collection of animals not listed in § 66-3 maintained in a park or garden by an educational, nonprofit or governmental corporation under the supervision of at least one professional zoologist.
[Amended 4-28-1980 by Ord. No. 80-13; 11-25-2013 by Ord. No. 2013-9]
Any person is permitted to maintain, keep or possess within
the Borough of Jenkintown any of the following animals, which classification
shall be strictly construed:
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Cage birds (the term includes parakeets, parrots, canaries,
finches, love birds, myna birds and other birds ordinarily kept in
cages in households; it excludes wild birds captured or rescued and
kept in cages)
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Cats (Felis catus)
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Chickens and ducks subject to § 66-12
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Cows (Bos taurus), beef and dairy, subject to § 66-11
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Dogs (Canis familiarius), except dingoes
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Frogs (Salientia)
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Goats (Capra hircus), subject to § 66-11
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Goldfish and carp (Cyprinidae)
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Guinea pigs (Cavia cutleri)
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Hamsters (Cricetus and Mesocricetus)
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Horses and ponies (Equus caballus), subject to § 66-11
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Lizards (Sauria), except those listed under animals prohibited
in the Borough
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Mice, white (Mus musculus)
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Swans, geese, turkeys, guinea fowl and pigeons kept for show or racing, subject to § 66-11
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Rabbits, restricted to European-type rabbits (Oryctolagus cuninculus),
commonly kept as pets or livestock
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Rats, white (Rattus norvegicus)
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Salamanders (any tailed amphibian)
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Sheep (Ovis aries), subject to § 66-11
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Snakes, nonpoisonous and native to the Borough of Jenkintown
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Toads (Salientia)
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Tropical fish, limited to those customarily maintained in a
household aquarium, except piranhas
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Turtles (Chelonia)
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No person is permitted to maintain, keep or possess within the
Borough of Jenkintown any of the following animals, which classification
shall be broadly construed:
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All poisonous animals including rear-fanged snakes
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Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla),
orangutans (Pongo) and siamangs (Symphalangus)
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Baboons (Papio, mandrillus)
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Bears (Ursidae)
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Bison (Bison bison)
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Cheetahs (Acinonyx jubatus)
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Constrictor snakes three feet in length or more
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Coyotes (Canis latrans)
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Crocodilians (Crocodilia) 30 inches in length or more
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Deer (Cervidae), includes all members of the deer family, for
example, white-tailed deer, elk, antelopes, moose
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Elephants (Elephas and Loxodonta)
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Game cocks, i.e., fighting birds
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Hippopotamuses (Hippopotamidae)
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Hyenas (Hyaenidae)
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Jaguars (Panthera onca)
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Leopards (Panthera pardus)
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Lions (Panthera leo)
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Lynxes (Lynx)
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Monkeys, old-world (Cercopithecidae)
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Ostriches (Struthio)
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Piranha fish (Characidae)
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Pumas (Felis concolor), also known as cougars, mountain lions
and painters
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Rhinoceroses (Rhinocerotidae)
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Sharks (class Chondrichthyes)
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Snow leopards (Panthera uncia)
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Swine (Suidae)
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Tigers (Panthera tigris)
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Wolves (Canis lupus)
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A.
No person other than a registered veterinary in the course of his professional duties is permitted to maintain, keep or possess within the Borough of Jenkintown any animal not specifically mentioned in § 66-3 hereof unless application for a permit shall have been made by such person to the Officer and a permit shall have been issued therefor. Among such animals for which a permit may be issued by the Officer are the following:
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Coatimundis (Nasua)
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Crocodilians (Crocodilia) under 30 inches in length, includes
baby alligators and caimans
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Eagles (Aquila and Haliaeetus), subject to state and federal
law
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Falcons (Falconidae), subject to state and federal law
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Foxes (Vulpes and Urocyon)
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Iguanas (Iguanidae)
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Jaguarundis (Herpailurus)
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Kinkajous (Potos)
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Margays (Felis tigrina)
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Monkeys: white-throated capuchins and other Cebus monkeys; night
monkeys or douroucoulis (Aotes): Marmosets (Callimico), Callithrix
and Leontocebus; squirrel monkeys (Saimiri) and woolly monkeys (Logothrix)
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Ocelots (Felis paradalis)
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Otters (Lutrinae)
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Raccoons (Procyon)
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Skunks (Mephitinae)
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Snakes, nonpoisonous and not native to the Borough of Jenkintown,
including pythons and boas under three feet in length
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B.
The application for a permit shall have attached thereto a registered
veterinarian's health certificate for each animal to be covered
by the permit, shall be verified by an affidavit and shall set forth
the following:
(1)
The type and number of animals to be covered by the permit.
(2)
The purpose of keeping such animals.
(3)
The period for which the permit is requested.
(4)
A description of the quarters in which the animals will be kept,
including plans and specifications thereof where appropriate.
(5)
The circumstances, if any, under which the animals will be removed
from their quarters.
(6)
Biographical information about the applicant and any other person
to be placed in charge of the animals, with particular emphasis on
the knowledge of such persons about the animals in question and the
experience of such persons in handling the animals in question.
(7)
Such additional information as the Officer may require.
[Amended 4-28-1980 by Ord. No. 80-13]
A.
The Borough Council of Jenkintown shall appoint an Animal Control
Officer. This person may be the Borough Manager. The Officer shall
have the power to review or cause to be reviewed each application
for a permit and may either approve or reject such application or
require modification of the application. When the Officer has approved
the application, the Borough Manager shall issue the permit. The permit
shall be personal and not transferable and shall be issued for a calendar
year or part thereof. The Borough Manager and the Officer shall also
have the power to revoke the permit.
B.
The Officer shall also have the power, with the consent of the Borough
Council, to make such rules and regulations as he shall deem necessary
to carry out the purpose of this article and, on request of the Borough
Manager, to determine whether any person is violating any provisions
of this article or the rules and regulations adopted hereunder. In
making such determination, the Officer shall consider the following
standards:
(1)
All animals and animal quarters shall be kept in a clean and sanitary
condition. Adequate ventilation shall be maintained.
(2)
Permittee shall use every reasonable precaution to assure that the
animals are not teased, abused, mistreated, annoyed, tormented or
in any manner made to suffer by any means.
(3)
Animals which are enemies by nature or are temperamentally unsuited
shall not be quartered together or so near each other as to cause
the animals fear or to be abused, tormented or annoyed.
(4)
The permittee shall maintain the premises so as to eliminate offensive
odors or excessive noise.
(5)
The permittee shall not permit any condition causing disturbance
of the peace and quiet of his neighbors.
(6)
Animals must be maintained in quarters so constructed as to prevent
their escape. The permittee assumes full responsibility for recapturing
any animal that escapes from his premises. The permittee shall make
adequate provisions and safeguards to protect the public from the
animals.
(7)
Every person shall conform to all present and future laws of the
Commonwealth of Pennsylvania and the United States of America, the
ordinances of the Borough of Jenkintown and the rules and regulations
that may accompany this article in any way connected with animals,
specifically including anticruelty laws.
The applicant for any permit hereunder shall, at the time of
his application, pay to the Borough of Jenkintown the following fees:
A.
Pet shop or zoological garden: $25 for each calendar year or part
thereof; there shall be no charge for a traveling educational exhibit
maintained by an established humane society or zoological garden.
B.
Menagerie: $50, plus an additional $10 per day for the duration of
the permit.
C.
All other applicants: $2.50 for the first calendar year or part thereof,
renewable thereafter for a fee of $1 each calendar year or part thereof.
The Borough Council may approve a permit for a permanent zoological garden or a menagerie, limiting the latter to no more than one month in any one calendar year, which includes animals otherwise prohibited under § 66-4 hereof, provided that:
A.
The Council is satisfied that the applicant and all other persons
placed in charge of such animals are experts in their knowledge of
care and handling of such animals.
B.
The highest standards are applied in safeguarding the public and
no human being lives or resides within 100 feet of the quarters in
which the animals will be kept.
C.
The applicant provides the Council with a certificate of public liability
insurance in a form and amount satisfactory to Council, issued by
a carrier satisfactory to Council.
[Amended 4-28-1980 by Ord. No. 80-13; 1-30-1989 by Ord. No. 89-2]
Any person who violates any provisions of this article or any
of the rules and regulations made pursuant hereto shall be liable
for each offense upon conviction before any Magisterial District Judge
to a fine of not more than $600, together with the costs of prosecution,
or to imprisonment in the county jail for a period not exceeding 30
days, or both, and each day's failure to comply with any such
provision shall constitute a separate violation. In addition, the
Officer may institute any appropriate action or proceeding, whether
by legal process or otherwise, to restrain, correct or abate a continuing
violation of any provision of this article or any rules and regulations
made pursuant hereto.
[Added 4-28-1980 by Ord. No. 80-13]
Nothing in this article shall be construed to restrict or regulate the keeping of dogs or maintaining of kennels in any way inconsistent with the provisions of Article II of this chapter and 3 P.S. § 460-101 et seq.[1]
[1]
Editor's Note: 3 P.S. § 460-101 et seq., the Dog
Law of 1965, was repealed by 1982, Dec. 7, P.L. 784, No. 225, §
1205(a), effective Jan. 1, 1983. See now 3 P.S. § 459-101
et seq.
[Added 4-28-1980 by Ord. No. 80-13; amended 11-25-2013 by Ord. No.
2013-9]
The keeping or maintaining of any farm animal, as indicated in §§ 66-3 and 66-5, shall be permitted only on land of sufficient area so that there shall be 40,000 square feet for each animal with an additional 20,000 square feet required for each additional animal. There shall also be provided a pen or enclosure of at least 1,600 square feet for each animal, with 400 square feet of pen or enclosure required for each additional animal. Within the pen there must be provided a stable or similar roofed enclosure having an area of at least 100 square feet for each animal to be held therein. Any such pen or enclosure shall be situated not less than 100 feet from any street or other property line. It shall be a nuisance for swans, geese, turkeys, guinea fowl and/or pigeons to be kept and maintained in a manner which produces noise, odor, attracts flies and/or rodents, or is considered a concern to public health.
[Added 11-25-2013 by Ord. No. 2013-9]
The following restrictions are placed on the keeping and maintaining of chickens and ducks as provided for in § 66-3:
A.
It shall be unlawful for any person to permit or allow any chicken
or duck to run at large within Borough limits.
B.
No more than five birds shall be kept on a property less than one
acre.
C.
No more than 10 birds shall be kept on a property greater than one
acre.
D.
All birds shall be provided with a shelter having a roof and at least
three enclosed sides and shall be contained within a fenced area.
A building permit shall be required for the shelter.
E.
Shelters shall have minimal dimensions of four square feet per bird.
F.
All shelters must be located at least five feet from any property
line and 10 feet from any dwelling.
G.
No shelter shall be located closer to an adjacent property dwelling
than the dwelling of the owner of the shelter.
H.
Fenced areas surrounding shelters must contain at least 10 square
feet per bird.
I.
Shelters and fenced areas surrounding shelters shall only be located
in the rear yard or side yard of a property.
J.
In the case of keeping chickens, no male birds (roosters) may be
kept. All birds shall be females (hens).
K.
Public slaughtering is prohibited.
L.
Commercial slaughtering is prohibited.
M.
The sale of chickens and/or ducks for commercial purposes is prohibited.
N.
It shall be a nuisance for chickens and/or ducks to be kept and maintained
in a manner which produces noise, odor, attracts flies and/or rodents,
or is considered a concern to public health.
[Adopted 4-28-1980 by Ord. No. 80-6]
It shall be unlawful for any person who owns or keeps any dog
to intentionally or negligently permit such dog to run at large in
the Borough of Jenkintown in violation of the provisions of the Dog
Law of 1965 (3 P.S. § 460-101 et seq.). [2]Any dog running at large in violation of said law shall
be subject to seizure, detention and disposal as provided therein.
A.
Any resident of the Borough may request the Borough Police Department
to warn any person who shall own, harbor or keep in custody any dog
which disturbs the peace by barking, howling or making other loud
noise to the annoyance and discomfort of persons in the Borough of
Jenkintown.
B.
A warning by the police shall consist of delivery of a copy of this
article at the residence in the Borough of Jenkintown of any such
owner, keeper or custodian. In the absence of any such warning made
by said police, the complaining person may request the Manager of
the Borough of Jenkintown to provide such warning.
C.
Any such request shall be in writing and shall identify and specify
the residence of the owner, keeper or custodian of the dog or other
animal and shall identify and specify the residence of the person
making the request. Upon receipt of such request, the Borough Manager
shall mail a copy of this article to the person identified as the
owner, keeper or custodian of the dog or other animal.
It shall be unlawful for the owner of any dog to permit said
dog running at large to injure any human being by biting, jumping
on, knocking down or attacking said human being.
No person owning, harboring, keeping or in charge of any dog
shall cause, suffer or allow such dog to soil, defile, defecate on
or commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypath, play area, park or any place where people congregate or walk,
or on any public property whatsoever, or on any private property without
the permission of the owner of said property. The restriction in this
section shall not apply to that portion of the street lying between
the curblines, which shall be used to curb such dog under the following
conditions:
A.
The person who so curbs such dog shall immediately remove all feces
deposited by such dog by any sanitary and reasonable manner.
B.
The feces removed from the aforementioned designated area shall be
disposed of in a sanitary manner by the person owning, harboring,
keeping or in charge of any dog curbed in accordance with the provisions
of this article.
It shall be unlawful to keep more than four dogs six months
of age or older on any premises, regardless of the number of owners;
provided, however, that this section shall not apply to any premises
for which a kennel license has been obtained pursuant to the Dog Law
of 1965 (3 P.S. § 460-208 et seq.).[1]
[1]
Editor's Note: 3 P.S. § 460-101 et seq., the Dog
Law of 1965, was repealed by 1982, Dec. 7, P.L. 784, No. 225, §
1205(a), effective Jan. 1, 1983. See now 3 P.S. § 459-206
for statutory provisions relating to kennel licenses.
[Amended 1-30-1989 by Ord. No. 89-2]
Any person who shall be convicted before any Magisterial District
Judge of violating or failing to comply with the provisions of this
article shall be punishable by a fine of not more than $600, together
with costs of prosecution, or by imprisonment in the county jail for
a term not to exceed 30 days, or both. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of a violation
may be punished as provided above for each separate offense.
