[Adopted 11-30-1988 by Ord. No. 1392[1] (Ch. 48, Art. I, of the 1972 Code)]
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.
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.
As used in this article, the following terms shall have the
meanings indicated:
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.
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]
The Borough of Lansdale.
The Borough Council of the Borough of Lansdale.
The genus and species known as Canis familiaris.
[Added 12-17-2003 by Ord. No. 1708]
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.
A collection of animals not listed in § 139-4 which are kept in cages or enclosures for exhibition by a full-time professional trainer.
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]
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 Animal Control Officer at any time during the
calendar year or any part thereof.
Lansdale Police Department Incident Report Form.
[Added 12-17-2003 by Ord. No. 1708]
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).
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).
(13)
Rabbits, restricted to European-type rabbits (Oryctolagus cuninculus), commonly kept as pets or livestock, subject to § 139-10.
(14)
Rats, white (Rattus norvegicus).
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.
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.
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.
[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.
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.
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.
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]]
D.
Such animals shall not be permitted to run at large outside the confines
of the premises of the owner thereof.
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:
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]]
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.
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
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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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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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Hogs
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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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Pigs
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Piranha fish (Characidae)
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Poultry (ducks, chickens, swans, geese, turkeys and guinea fowl)
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Pumas (Felis concolor), also known as "cougars," "mountain lions"
and "panthers."
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Rhinoceroses (Rhinocerotidae)
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Sharks (class Chondrichthyes)
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Snakes which are poisonous, nonpoisonous or constrictor
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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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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]
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.
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.
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.