[Ord. 830, 12/4/2006, § 1]
This Part shall be known and cited as the "Elizabeth Township
Animal Control Law of 2006."
[Ord. 830, 12/4/2006, § 2]
For the purpose of this Part, the following terms shall have
the following meanings:
Dogs, cats, domestic fowl, poultry, domesticated hares, rabbits,
mink and members of the equine, bovine, ovine and porcine species.
Every animal domesticated by man so as to live and breed
in a tame condition.
To adapt an animal to a life of intimate association with
and to the advantage or pleasure of man.
When applied to the proprietorship of an animal, shall include
every person having a right of property in such animal and every person
who keeps or harbors such animal or has it in his care and every person
who permits such animal to remain on or about any premises occupied
by him.
Includes state and local officers or employees, individuals,
corporations, copartnerships and associations. Singular words shall
include the plural. Masculine words shall include the feminine and
neuter.
Any person employed, appointed or elected by the Commonwealth
of Pennsylvania, or by any municipality, county or township, and whose
duty is to preserve peace, to make arrests or to enforce state and
local health and animal laws.
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:
Dog family (Canidea): all except domesticated dogs, including
wolf, fox, coyote, dingo, wolf hybrids, etc.
Cat family (Felidea): all except commonly accepted domestic
cats, including lions, pumas, panthers, mountain lions, leopards,
jaguars, ocelots, margays, tigers, wild cats, etc.
Bears (Ursidea): all bears, including grizzly bears, brown bears,
black bears, etc.
Weasels (Mustelidea): all, including weasels, martens, mink,
wolverine, ferrets, badgers, otters, ermine, mongoose, etc.
Raccoons (Procynniddae): all raccoons and civets.
Porcupine (Erethizontidae): all porcupines.
Skunks.
Snakes: all venomous and constricting snakes.
Venomous lizards.
Crocodilians: all alligators, caimans, crocodiles, gavials,
etc.
Venomous fish and piranha.
Venomous invertebrates.
[Ord. 830, 12/4/2006, § 3]
It shall be unlawful for any person who owns or keeps any animal
to permit such animal to run at large in any area within the boundaries
of this municipality. Any animal running at large in violation of
this Part shall be subject to seizure, detention and disposal, as
provided herein.
[Ord. 830, 12/4/2006, § 4]
It shall be unlawful to own, harbor or keep in custody any animal
which disturbs the peace by barking, howling or making other loud
noises to the annoyance and discomfort of any person in Elizabeth
Township. Continual barking, howling or the making of other loud noises
by such animal for more than any one-half-hour time period from 8:00
a.m. to 8:00 p.m., or continual barking, howling or the making of
other loud noises for more than 15 minutes after 8:00 p.m. or before
8:00 a.m. on weekdays or after 8:00 p.m. or before 9:00 a.m. on weekends
and holidays, which periods occur on two or more consecutive days
or nights and/or which occurs three or more days or nights in any
seven-day period, shall be deemed to disturb the peace and to cause
the annoyance and discomfort of persons in Elizabeth Township.
A.
Any Township resident may request the Health Department or the Township
Police Department to warn any person who shall own, harbor or keep
in custody any animal which disturbs the peace by barking, howling
or making other loud noise to the annoyance and discomfort of persons
in Elizabeth Township.
B.
Any such request, whether in writing or by phone, shall identify
and specify the residence of the owner, keeper or custodian of the
animal and shall identify and specify the residence of the person
making the request. Upon receipt of such request, the Health Officer
or the Township Police Chief or their designated agent shall investigate
and issue a warning about compliance with this Part to the person
identified as the owner, keeper or custodian of the animal.
C.
Sworn testimony of the complainants from two separate households,
not related by blood or marriage, may be considered adequate and sufficient
to evidence a violation of this Part and the prosecution of the person
or persons identified as the owner, keeper or custodian of the animal
by Elizabeth Township.
D.
A violation of this Part shall be deemed to have occurred after delivery
of the first warning and upon a second or subsequent violation of
§ 104.
E.
This section shall not apply to properly licensed animal shelters.
[Ord. 830, 12/4/2006, § 5]
No person shall keep a wild or exotic animal in any place other
than a zoological park, veterinary hospital or clinic, humane society,
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.
[Ord. 830, 12/4/2006, § 6]
No person shall sell, offer for sale or 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 to the passage of this Part, provided that
the person or persons taking possession of such wild or exotic animal
following said sale, adoption, exchange or transfer is or are not
a resident of Elizabeth Township.
[Ord. 830, 12/4/2006, § 7]
Any person owning or possessing a wild or exotic animal at the
time of enactment of this Part, may, pending the approval of the Township
Health Officer, obtain a permit for said wild or exotic animal, provided
that:
B.
The plan and facilities for the housing and containment of a wild
or exotic animal must be reviewed, inspected and approved by the Township
Health Officer as adequate to prevent such animal from escaping or
injuring the public.
D.
Upon the death, sale, adoption, exchange, transfer or disposal of
said wild or exotic animal, the animal may not be replaced. However,
wild or exotic animals which are used for educational purposes or
which are the source of one's livelihood may be replaced upon
death of said animal(s), subject to the discretion of the Township's
Health Officer and registration of the replacement animal(s).
[Ord. 830, 12/4/2006, § 8]
It shall be unlawful for the owner of any animal to permit such
animal to injure any human being by biting, jumping on, knocking down
or attacking said human being. An exception to this section will be
when the animal is reasonably protecting the owner or the owner's
property from an unlawful invasion of the person or property respectively.
[Ord. 830, 12/4/2006, § 9]
No person owning, harboring, keeping or in charge of any animal
shall cause, suffer or allow any such animal to soil, defile, defecate
on or commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypass, play area, park or any place where people congregate or walk,
or on any public property whatsoever, nor on any private property
without permission of the owner of said property. The restriction
in this section shall not apply to that portion of the street lying
between the curbline and sidewalk which shall be used to curb such
animals under the following conditions:
A.
The person who so curbs such animal shall immediately remove all
feces deposited by such animal by any sanitary method approved by
the Board of Health.
B.
A person who allows an animal to defecate on his property shall immediately
remove all feces deposited by such animal by any sanitary method approved
by the Board of Health.
C.
The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring and keeping or in charge
of any animal curbed in accordance with the provisions of this Part
in a sanitary manner approved by the Board of Health.
[Ord. 830, 12/4/2006, § 10]
The outdoor facilities where animals are quartered must be located
at least 25 feet from any neighboring residential structure or 1/2
the distance from the outdoor facility and the residential structure,
whichever is greater, so as not to be offensive to the neighboring
residents.
[Ord. 830, 12/4/2006, § 11]
If more than four animals, six months of age or over, are kept
on any premises, regardless of the number of owners, the owner of
the premises must notify and register with Elizabeth Township. Failure
to so notify and register constitutes a violation of this Part. The
penalty for such violation shall be $500 per day. Each day that any
violation of this Part continues shall constitute a separate offense.
[Ord. 830, 12/4/2006, § 12]
It shall be the duty of the Animal Shelter personnel or every
police officer of the Township to seize, detain and dispose of any
animal that is found running at large in the Township.
[Ord. 830, 12/4/2006, § 13]
1.
It shall be unlawful for any person to interfere with any officer
or agent in the enforcement of this Part.
2.
It shall be unlawful for any person to forcibly cut the leash or
take an animal away from such officer or agent having it in his possession
when found running at large unaccompanied by the owner or keeper.
3.
If shall be unlawful for any person to whom a license certificate
has been issued to fail or refuse to produce the license certificate
for such animals upon demand of any police officer or agent of the
Department.
[Ord. 830, 12/4/2006, § 14]
1.
It shall be unlawful for the owner or custodian of a dog or cat or
subhuman primate (e.g., monkey) to keep, harbor or have in custody
or control a dog, cat or subhuman primate three months or older for
longer than 14 days unless such dog, cat or subhuman primate has a
current vaccination against rabies with a vaccine listed in the current
compendium of animal rabies vaccine as approved by the National Association
of State Public Health Veterinarians. Proof of vaccination shall be
furnished at the request of the Township Health Officer, Animal Control
Officer or Township police.
2.
All such cats or dogs who have been vaccinated must wear rabies collars
showing proof and date of vaccination.
[Ord. 830, 12/4/2006, § 15]
1.
It shall be unlawful for any person, except a police officer or agent,
to kill or injure any animal which bears a license tag for the current
year. The exception to the preceding sentence will be when any person
sees an animal in the act of attacking human beings, whether or not
such animal bears the license tag required by the licensing laws of
this Commonwealth. There shall be no liability on such persons in
damages or otherwise for such killing.
2.
It shall be unlawful for any person to abandon or attempt to abandon
any animal within the Township of Elizabeth.
[Ord. 830, 12/4/2006, § 16]
1.
Feeding. All animals shall be supplied with sufficient, wholesome
food and water, free from contamination, and in which food and water
there shall be sufficient quantity and nutritive value to meet the
normal daily requirements for the condition and size of each animal
and to assure the proper health of each animal.
2.
Health of animals.
A.
Proper shelter and protection from the weather shall be provided
at all times to assure that no animal is overcrowded or exposed to
excessive heat or cold. Proper temperature for the well-being of each
animal shall be maintained at all times.
B.
Adequate exercise shall be provided to assure the good health of
each animal.
C.
Any leash or chain to which an animal is attached must be at least
10 feet in length or no less than three times the length of the animal,
measured from the tip of the nose to the end of the tail.
D.
No condition shall be maintained or permitted to exist that is knowingly
injurious to the health of any animal.
3.
Compliance with minimum standards.
A.
It shall be unlawful for the owner of any animal housing to fail
to comply with any of the minimum standards set forth in this Part.
B.
The Township Health Officer and Animal Control Officer shall have
the authority to inspect the premises of any animal housing at a reasonable
time and in a reasonable manner to assure compliance with the provisions
of this Part. When permission is refused or cannot be obtained, inspections
shall be conducted upon obtaining a lawfully authorized warrant.
[Ord. 830, 12/4/2006, § 17]
1.
The keeping, maintaining or slaughtering of any farm animal, with
the exception of poultry, shall be permitted only on land of sufficient
area so that there shall be 60,000 square feet for the first 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 the first 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.
2.
The keeping, maintaining or slaughtering of poultry (i.e., ducks,
chickens, swans, geese, turkeys, guinea fowl, pheasants, pea fowl
and pigeons) shall be permitted only on a lot with a land area equivalent
to 40,000 square feet or more. In no event shall more than 10 poultry
birds be permitted on each 40,000 square feet of area. The pen, shelter
or enclosure shall be set no closer than 75 feet to the front lot
line nor closer than 75 feet to any side or rear line.
3.
The owner or person(s) responsible for the care and keeping of such
animals shall be responsible to prevent or eliminate all odors, animal
waste and insect infestation caused by the maintenance of such animals.
[Ord. 830, 12/4/2006, § 18]
Any person owning or possessing racing or homing pigeons at
the time of enactment of this section may, pending the approval of
the Health Officer, obtain a permit for said pigeons, provided that:
[Ord. 830, 12/4/2006, § 19]
Police, state dog wardens and municipal animal control officers
are charged with enforcement.
[Ord. 830, 12/4/2006, § 20]
Any person who shall be convicted of violating or failing to
comply with the provisions of this Part before any District Justice
shall be punishable in the amount of $500 plus costs per day. Each
day that any violation of this Part continues shall constitute a separate
offense. 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.
