[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.]
GENERAL REFERENCES
Property maintenance — See Ch. 278.
Zoning — See Ch. 400.
As used in this chapter, the following terms shall have the meanings indicated:
ANIMAL
Any domestic animal or fowl, any wild animal, any pet, or any exotic wildlife.
ANIMAL CONTROL OFFICER
Includes any Fallowfield Township designated law enforcement agency or any person duly appointed by the Township Board of Supervisors as an Animal Control Officer.
AT LARGE
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.
COMMERCIAL AGRICULTURE
Any person engaged in production farming or agricultural services with at least three acres of land.
COMMERCIAL KENNEL
As defined by Title 7, § 206, of the Pennsylvania Department of Agriculture's Dog Law Enforcement Bureau document.[1]
DANGEROUS ANIMAL
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.
DANGEROUS DOG
Any dog as defined by Pennsylvania Senate Bill 1653 and the subsequent Pennsylvania Bulletins published by the Department of Agriculture.
DOG
The genus and species known as "Canis familiaris."
EXCESSIVE NOISE
The barking or other noise generated by an animal which is generally continuous and sustained over a period of 15 minutes or more.
EXOTIC WILDLIFE
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.
LARGE ANIMAL
A domestic animal of the bovine, equine, sheep or hog family, or any other animal of similar size or weight.
OTHER ANIMALS
Any animal, bird, reptile, or amphibian not defined or fitting into another definition of this chapter.
OWNER
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.
PERSONS
Includes any individual, corporation, partnership, and/or company; singular words shall include the plural and masculine words shall include the feminine and neuter.
PET
Any dog, cat, or other domestic animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner.
PRIVATE STABLES AND HOBBY FARMS
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.
PUBLIC NUISANCE
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.
SMALL ANIMAL
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.
WILD ANIMAL
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.
[1]
Editor's Note: See 3 P.S. § 459-206.
[2]
Editor's Note: See 34 Pa.C.S.A. § 2961.
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.
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.
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.
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.