Borough of Lansdale, PA Article II Possession and Control of Animals

[Adopted 11-30-1988 by Ord. No. 1392[1] (Ch. 48, Art. I, of the 1972 Code)]

[1] Editor's Note: This ordinance also repealed former Ch. 58, Dogs, adopted 7-6-1943 by Ord. No. 293, as amended, and portions of Ch. 304, Article I, Nuisances, and Ch. 280, Peace and Good Order.

§ 139-1 Purpose.

This article is enacted to prohibit and to regulate the maintenance, keeping and possession of animals within the Borough in order to promote the health, safety and general welfare of its inhabitants.

§ 139-2 Interpretation; severability.

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 impose greater restrictions than this article, the provisions of such other ordinance shall be supplemental to any laws of the Commonwealth of Pennsylvania hereinbefore or hereinafter adopted covering animals within the Commonwealth of Pennsylvania and specifically in the Borough. Should any of the provisions of this article be contrary to the provisions of any act of assembly, it is the intent that the act of assembly shall supersede this article. Should any section or provisions of this article be declared by a court of competent jurisdiction to be invalid, such section or provision shall not affect the validity of the article as a whole or any other part thereof.

§ 139-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ANIMAL

Construed in a broad sense to include not only animals so called but also birds, fish, reptiles, insects, hogs, dogs, cats, pets, livestock and fowl.

ATTACK

The deliberate action of a dog, whether or not in response to a command by its owner, to bite, to seize with its teeth or to pursue any human or domestic animal.

[Added 12-17-2003 by Ord. No. 1708]

BOROUGH

The Borough of Lansdale.

BOROUGH COUNCIL

The Borough Council of the Borough of Lansdale.

DOG

The genus and species known as Canis familiaris.

[Added 12-17-2003 by Ord. No. 1708]

KENNEL

Any lot in which animals are kept, boarded or trained for a fee, whether or not in special buildings or runways, including but not limited to dog and cat kennels, or any lot in which more than three animals are kept for the purpose of breeding, sale or show purposes.

MENAGERIE

A collection of animals not listed in § 139-4 which are kept in cages or enclosures for exhibition by a full-time professional trainer.

OWNER

When applied to the proprietorship of a dog, includes every person having a right of property in such dog, and every person who keeps or harbors such dog or has it in his care, and every person who permits such dog to remain on or about any premises occupied by him.

[Added 12-17-2003 by Ord. No. 1708]

PERSON

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.

PET SHOP

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 Animal Control Officer at any time during the calendar year or any part thereof.

REPORT

Lansdale Police Department Incident Report Form.

[Added 12-17-2003 by Ord. No. 1708]

ZOOLOGICAL GARDEN

A collection of animals not listed in § 139-4 which are maintained in a park by an educational, nonprofit or governmental corporation under the supervision of at least one professional zoologist.[1]

[1] Editor's Note: Former § 48-4, Animal Control Officer, as amended 12-20-2006 by Ord. No. 1750, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 139-4 Permitted animals.

A. Any person is permitted to maintain, keep or possess within the Borough not more than a total of three animals of any of the following types of animals, or combination thereof, which classification shall be strictly construed:

(1) Cats (Felis catus).

(2) Cows (Bos taurus), beef and dairy, subject to § 139-9.

(3) Dogs (Canis familiaris), except dingoes, subject to §§ 139-5 through 139-8.

(4) Goats (Capra hircus), subject to § 139-9.

(5) Horses and ponies (Equus caballus), subject to § 139-9.

(6) Sheep (Ovis aries), subject to § 139-9.

B. Any person is permitted to maintain, keep or possess within the Borough any of the following types of animals, which classification shall be strictly construed, limited to those quantities customarily maintained in a household:

(1) Frogs (Salientia).

(2) Goldfish and carp (Cyprinidae).

(3) Lizards (Sauria), except those listed under animals prohibited in the Borough.

(4) Salamanders (any tailed amphibian).

(5) Toads (Salientia).

(6) Tropical fish, limited to those customarily maintained in a household aquarium, except piranhas.

(7) Turtles (Chelonia).

(8) Cage birds. (The term includes parakeets, parrots, canaries, finches, lovebirds, myna birds and other birds ordinarily kept in cages in households; it excludes wild birds captured or rescued and kept in cages.)

(9) Guinea pigs (Cavia cutleri).

(10) Hamsters (Cricetus and Mesocricetus).

(11) Mice, white (Mus musculus).

(12) Pigeons kept for show or racing, subject to § 139-10.

(13) Rabbits, restricted to European-type rabbits (Oryctolagus cuninculus), commonly kept as pets or livestock, subject to § 139-10.

(14) Rats, white (Rattus norvegicus).

§ 139-5 Noise disturbances.

Any owner, person, firm, association or corporation utilizing the services of an animal or animals for security purposes or possessing an animal as a pet shall be responsible for the quieting of said animal or animals from barking and/or howling and disturbing the peace and quiet of the surrounding neighbors.

§ 139-6 Running at large.

A. 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 another other than the owner or person in custody or control of said animal. Any animal beyond the boundaries of its owner's property or the property of the person in custody or control of said animal must be under positive control by leash.

B. It shall be the duty of every police officer of the Borough to seize and detain any animal which is found running at large, either upon the public property of the Borough or the highways of the commonwealth or upon the property of other than the owner of such animal and unaccompanied by the owner or keeper.

§ 139-7 Defecation and urination.

A. It shall be unlawful for the owner or person in custody or control of any animal to allow such animal to defecate or urinate upon the public property of the Borough, the highways of the commonwealth and the private property of another other than the owner or keeper of said animal.

B. If such animal shall defecate upon property other than that of the owner or keeper of the animal, the owner or keeper must immediately clean up the feces and make proper disposition of it so as not to endanger the health and safety of the public.

C. If an animal shall defecate upon the property of the owner or keeper of such animal, the owner or keeper must clean up the feces and make proper disposition of it within a reasonable period of time so as not to endanger the health and safety of the public.

§ 139-8 Investigation and enforcement.

[Amended 12-17-2003 by Ord. No. 1708]

A. All police officers are charged with the performance of their duties with regard to the provisions of this article.

B. It shall be unlawful for any person to interfere with any police officer in the enforcement of this article.

C. It shall be unlawful for any person to cut the leash or take an animal away from such officer having an animal in his possession when found running at large unaccompanied by the owner or keeper.

D. Investigation of dog attacks.[1]

(1) A Borough police officer shall investigate all complaints made by victims of a dog attack as soon as reasonably practicable.

(2) A Borough police officer shall complete a report after the investigation of every dog attack.

(3) All dog attack-related reports shall be filed with the Borough Police Department once they are completed and shall be made accessible to the public upon request at the Borough Police Department.

(4) A copy of all dog attack-related reports shall be sent to the State Dog Warden.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. Enforcement of the Pennsylvania Dog Law.[2]

(1) The Borough Police Department shall review each dog attack-related report upon the filing of such report. Thereafter, the Borough Police Department shall determine if the owner of the dog identified in the report is guilty of harboring a dangerous dog as defined in the Pennsylvania Dog Law, 3 P.S. § 459-502-A.

(2) If the Borough Police Department determines that a dog owner is guilty of harboring a dangerous dog, the Borough Police Department is hereby authorized to notify the State Dog Warden for the purposes of filing a complaint or charge a Borough Police Officer to file a complaint before the Magisterial District Judge, charging the dog owner with harboring a dangerous dog, in accordance with the procedures set forth in the Pennsylvania Dog Law, 3 P.S. § 459-502-A et seq.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

F. The above requirements are in addition to and to be performed concurrently with the requirements of the Rabies Prevention and Control in Domestic Animals and Wildlife Act (3 P.S. § 455.1 et seq.).[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 139-9 Conditions for keeping horses, sheep, goats or cattle.

It shall be lawful for any person to keep any horses, sheep, goats or cattle anywhere in the Borough only if the following conditions are strictly adhered to:

A. The area of the lot on which such animals are kept shall be no less than five acres.

B. There shall be no violation of any provision of the Borough's Zoning Ordinance, as amended.[1]

[1] Editor's Note: See Ch. 405, Zoning.

C. A barn, stable or similar roofed building shall be provided on the premises for such animals, and such building shall be located at least 100 feet from any street, at least 100 feet from any inhabited dwelling and at least 100 from any property line. Such building shall be kept clean, and any filth accumulating therein shall be removed at least once every 24 hours or more often if so ordered by the Borough Council.

[Amended 12-20-2006 by Ord. No. 1750[2]]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. Such animals shall not be permitted to run at large outside the confines of the premises of the owner thereof.

§ 139-10 Conditions for keeping pigeons and rabbits.

It shall be lawful for any person to keep pigeons and rabbits anywhere in the Borough only if the following conditions are strictly adhered to:

A. There shall be no violation of any provision of the Borough's Zoning Ordinance, as amended.[1]

[1] Editor's Note: See Ch. 405, Zoning.

B. Such pigeons and rabbits shall at all times be confined to pens which shall be constructed out of doors and shall be at least 30 feet from any street and at least 30 feet from any inhabited dwelling. All such pens shall be constructed so that the floors shall be not less than two feet from the ground. All filth accumulating in, about and under the same shall be removed at least once every 24 hours and more often if so ordered by the Borough Police Department or Code Enforcement Officer.

[Amended 12-20-2006 by Ord. No. 1750[2]]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Notwithstanding any contrary provision of this article, in no event shall any person keep or maintain more than a total of three rabbits or pigeons within the Borough of Lansdale.

§ 139-11 Prohibited animals. [1]

No person is permitted to maintain, keep or possess within the Borough any of the following animals, which classification shall be broadly construed:

All poisonous animals

Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla), orangutans (Pongo) and siamangs (Symphalangus)

Baboons (Papio, Mandrillus)

Bears (Ursidae)

Bison (Bison bison)

Cheetahs (Acinonyx jubatus)

Coyotes (Canis latrans)

Crocodilians (Crocodilia) 30 inches in length or more

Deer (Cervidae), includes all members of the deer family, for example, white-tailed deer, elk, antelopes, moose

Elephants (Elephas and Loxodonta)

Game cocks, i.e., fighting birds

Hippopotamuses (Hippopotamidae)

Hogs

Hyenas (Hyaenidae)

Jaguars (Panthera onca)

Leopards (Panthera pardus)

Lions (Panthera leo)

Lynxes (Lynx)

Monkeys, old world (Cercopithecidae)

Ostriches (Struthio)

Pigs

Piranha fish (Characidae)

Poultry (ducks, chickens, swans, geese, turkeys and guinea fowl)

Pumas (Felis concolor), also known as "cougars," "mountain lions" and "panthers."

Rhinoceroses (Rhinocerotidae)

Sharks (class Chondrichthyes)

Snakes which are poisonous, nonpoisonous or constrictor

Snow leopards (Panthera uncia)

Swine (Suidae)

Tigers (Panthera tigris)

Wolves (Canis lupus)

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 139-12 Pig pens and kennels.

It shall be unlawful for any person to maintain any pig and/or hog pen or to maintain any kennel anywhere in the Borough.[1]

[1] Editor's Note: The following former sections, which followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I): §§ 48-14, Animals permitted with a permit, 48-15, Application for a permit, and 48-16, Considerations for issuance or denial of permit.

§ 139-13 Zoological gardens and menageries.

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 § 139-11 hereof, provided that:

A. The Borough 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 Borough Council with a certificate of public liability insurance, in a form and amount satisfactory to Borough Council, issued by a carrier satisfactory to Borough Council.[1]

[1] Editor's Note: The following former sections, which followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I): §§ 48-18, Appeals, and 48-19, Fees.

§ 139-14 Violations and penalties. [1]

Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough lockup for a period not exceeding 10 days or to the county jail for a period not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 139-15 Construal of provisions.

Nothing in this article shall be construed to affect any suit or proceeding now pending in any court or any actions required or liability incurred or any cause or causes of action occurred or existing under any act or ordinance repealed hereby. No right or remedy of any character shall be lost, impaired or affected by this article.