[HISTORY: Adopted by the Board of Supervisors of the Township
of Fallowfield at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any domestic animal or fowl, any wild animal, any pet, or
any exotic wildlife.
Includes any Fallowfield Township designated law enforcement
agency or any person duly appointed by the Township Board of Supervisors
as an Animal Control Officer.
Any animal shall be deemed to be at large when it is off
the property of its owner and not under the control of a competent
person.
Any person engaged in production farming or agricultural
services with at least three acres of land.
As defined by Title 7, § 206, of the Pennsylvania
Department of Agriculture's Dog Law Enforcement Bureau document.[1]
An animal that has demonstrated a fierce or dangerous propensity
or tendency to do any act which may endanger the safety of persons
or property.
Any dog as defined by Pennsylvania Senate Bill 1653 and the
subsequent Pennsylvania Bulletins published by the Department of Agriculture.
The genus and species known as "Canis familiaris."
The barking or other noise generated by an animal which is
generally continuous and sustained over a period of 15 minutes or
more.
Any animal as defined by the Pennsylvania Game Commission,
Chapter 29, Permits Relating to Wildlife, Subchapter D, § 2961,[2] which reads as follows: The phrase includes, but is not
limited to, all bears, coyotes, lions, tigers, leopards, jaguars,
cheetahs, cougars, wolves and any crossbreed of these animals which
have similar characteristics in appearance or features. The definition
is applicable whether or not the birds or animals were bred or reared
in captivity or imported from another state or nation.
A domestic animal of the bovine, equine, sheep or hog family,
or any other animal of similar size or weight.
Any animal, bird, reptile, or amphibian not defined or fitting
into another definition of this chapter.
When applied to the proprietorship of an animal, includes
every person having a right of property in such animal, and every
person who keeps or harbors such an animal or has it in his care,
and every person who permits such owner to remain on or about any
premises occupied by him.
Includes any individual, corporation, partnership, and/or
company; singular words shall include the plural and masculine words
shall include the feminine and neuter.
Any dog, cat, or other domestic animal normally and ordinarily
kept in or permitted to be at large in the dwelling of its owner.
In the A-1 District, a private stable or hobby farm for personal
use and enjoyment on a tract of land which contains at least three
acres.
Includes, without limitation, animals that habitually or
repeatedly chase, snap at, attack or harass pedestrians, bicyclists
or vehicles, or tip over garbage pails, or damage gardens, flowers,
or vegetables, etc.
Any domestic animal such as a rabbit, hare, guinea pig, rat,
mouse, or chinchilla, and any domestic fowl such as a chicken, turkey,
goose, duck, pigeon, or peacock, or any other animal of similar size
or weight.
Any animal, bird, fowl, or reptile not normally or ordinarily
domesticated; not normally or ordinarily raised in this area and climate
as livestock or for work or breeding purposes; not normally or ordinarily
kept as a pet.
(Other than exotic wildlife.) The keeping, raising, or possession
of any animal, bird, or reptile that may be prohibited by the Pennsylvania
Game Commission is also prohibited by this chapter.
Animals in these categories (exotic wildlife or other animals)
are not allowed in any district unless approved by the Zoning Hearing
Board as a variance. The Board may approve, deny, or approve with
restrictions the request to keep, raise, or possess animals in these
categories. When approval is granted, the owner must register and
pay an annual exotic animal registration fee as set from time to time
by resolution of the Board of Supervisors.
It shall be unlawful for any owner or his agent to fail to exercise
proper care and control of his animals to prevent said animals from
becoming a public nuisance. Every person shall be guilty of permitting
an animal to become a nuisance when he allows:
A.
Excessive noise.
B.
Running at large.
C.
Attacking pedestrians, chasing vehicles or bicycles.
D.
Attacking other domestic animals.
E.
Trespassing upon public or private property in such a manner as to
damage the property.
F.
Allowing the excessive accumulation of animal feces in such a manner
as to affect the health and welfare of the community.
It shall be unlawful for any person to keep any pet, except
as provided in this section:
A.
If any such pet shall be kept in a dwelling owned or occupied by
its owner, such owner shall be required to follow such procedures
and practices as to sanitation, to ensure that no public nuisance
shall be created or maintained and no threat to the health of persons
living elsewhere than in such dwelling shall be created.
B.
If any such pet shall be kept in an enclosure outside such dwelling,
the owner shall submit a written request to the Animal Control Officer
or the designated Township official, who shall place restrictions
and conditions to ensure the safety of the animal and the public.
C.
Anyone operating a commercial kennel must have a permit from the
Zoning Hearing Board.
All owners must comply with the Pennsylvania Anti-Cruelty Law,
18 Pa.C.S.A. § 5511.
It shall be unlawful for any owner to keep any dangerous animal
within the Township unless it is confined within a secure building
or enclosure, or unless it is securely muzzled and under restraint
by a competent person who, by means of a leash, chain or rope, has
such animal firmly under control at all times. (Owners of dangerous
dogs must comply with Pennsylvania Senate Bill 1653.)
All animals, exotic wildlife or other animals found running
at large shall be seized by the Township's designated law enforcement
agency or other officer duly authorized for such purpose on sight.
When such animal has been seized and impounded, the owner or custodian,
if known, shall be given notice by registered mail or personal service
that such animal has been seized and impounded. If not redeemed within
10 days of said notice, the animal will be given to the Humane Society.
Animals that cannot be given to the Humane Society shall be sold,
donated or otherwise disposed of. The Township Animal Control Officer,
or such other designated officer or agent, shall have the responsibility
to see that the animal is sold, donated, or otherwise disposed of
in a humane manner.
If the owner or custodian of a seized animal is unknown, a written
notice of the impoundment shall be posted on the official Township
bulletin boards and shall contain a statement that such animal will
be given to the Humane Society if not redeemed within five days after
the date of such posting.
The owner or custodian of any animal seized and impounded under the provisions of this chapter may, before the expiration of the ten-day period noted in § 141-8, redeem such animal by paying all costs for boarding and all penalties assessed against such animal and securing a valid license and tag for such animal where required by law and by paying the fine or penalty assessed for violation of this chapter.
Owners must comply with Pennsylvania state laws regarding inoculation
of animals against rabies.
The duly constituted representatives and designated law enforcement
agency of the Township shall have the right to require the owner or
custodian of any animal in the Township to produce such certificate
of inoculation, and failure to do so shall subject the owner or custodian
of said animal to the penalties hereinafter provided.
The Board of Supervisors may designate or appoint an Animal
Control Officer and/or other special officer or agent and provide
him/her with the necessary equipment for the purpose of seizing, restraining
and confining any animal found running at large within the limits
of the Township, and the Township Board of Supervisors may enter into
such contracts for the compensation of such officers as may be appropriate.
A.
The number of animals maintained on a farm shall be reasonably related
to the size of the property, the area available for grazing and the
capacity of the land to sustain the animals without creating a nuisance.
B.
The storage of manure shall be located as far from property lines
as is reasonable and, in no case, shall the storage of manure be located
closer than 200 feet to an occupied dwelling, other than the stable
owner's dwelling. However, in no case shall the storage of manure
be located closer than 50 feet to any property line.
C.
The area of the property used for grazing shall be adequately fenced
to properly enclose the animals and to protect adjacent properties.
D.
Farm and animal care uses shall be conducted in ways that do not
create a danger to public safety or health to neighboring residential
uses. The fact that a farm use creates an annoyance or inconvenience
shall not be deemed a danger to public health and safety or a nuisance
under this chapter.
4-H and FFA projects shall be exempt from this chapter, provided
that:
A.
The project is in compliance with guidelines and/or specifications
established by the 4-H leader or the Vo-Ag teacher.
B.
Equine projects may be housed in an R-1 District as long as there
are at least two open acres (excluding buildings) per horse.
C.
Small animal projects may be housed anywhere in areas zoned A-1.
Fees are as set from time to time by resolution of the Supervisors,
in conjunction with any and all state laws, and as administered by
the Animal Control Officer.
It is not the intent of this chapter to interfere with the normal
practice of commercial agriculture and agricultural services.
This chapter is intended to be applied in conjunction with the
Commonwealth of Pennsylvania Dog Law, 3 P.S. § 459-101 et
seq., as amended.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a summary offense proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $1,000, plus costs of prosecution incurred
by the Township in the enforcement of this chapter. No fine shall
be imposed until the date of the determination of the violation by
the Magisterial District Judge. In default of payment, the defendant
may be sentenced to a period of incarceration for a term not to exceed
90 days.
