[HISTORY: Adopted by the Borough Council of the Borough of
West Reading as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Noise — See Ch. 284.
[Adopted 3-17-2015 by Ord. No. 1043]
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
Hybrids of the African honey bee with various European honey
bees that are aggressive compared to the European subspecies.
Any living member of the animal kingdom, excluding humans.
The person duly appointed by the Borough who is tasked with
enforcing all provisions of this article.
[Added 9-19-2023 by Ord.
No. 1173]
Any place where one or more colonies or nuclei of bees are
kept.
An animal that is off the premises of the owner and not on a leash or otherwise under the immediate control of a person physically capable of restraining the animal, or which meets the language set forth in § 152-12A.
[Added 9-19-2023 by Ord.
No. 1173]
Whether or not in response to a command by its owner, an
animal that attempts to or does kill, destroy, injure, bite, wound,
harm, or otherwise damage any person, domestic animal, or livestock.
This definition also includes, but is not limited to, an animal that
a reasonable person under a totality of the circumstances would upon
observation conclude to be stalking or pursuing any person, domestic
animal, or livestock regardless of whether it attempts to kill, destroy,
injure, bite, wound, harm, or damage that person, domestic animal,
or livestock.
[Added 9-19-2023 by Ord.
No. 1173]
Any device, either stand-alone or designed to be attached
to a structure, for the sole purpose of housing native bats.
Any stage of the common honey bee (Apis mellifera) or other
species of the genus Apis.
An owner of an apiary or a person who has charge of an apiary
or one or more colonies of bees in the Borough.
Any American or European foul brood, sac brood, bee paralysis
or other disease or abnormal condition of eggs, larva, pupa or adult
stages of the honey bee.
The policies, procedures and methods contained in the Pennsylvania
Department of Agriculture's Compliance Agreement for Beekeepers.
The Borough of West Reading, Berks County, Pennsylvania.
The embryo and egg, larva, and pupa stages of a bee.
Homing and racing pigeons which have the name of the owner
stamped upon the wing or tail, or are banded upon the leg with the
name or initials of the owner or with an identification or registration
number stamped on the band.
An aggregate of bees consisting principally of workers, but
having, when perfect, one queen and, at times, many drones.
The assemblage of cells containing a living stage of a bee
at a time prior to emergence as an adult.
The power to influence or direct an animal's behavior or
the course of events so that the animals does not intimidate or cause
physical harm or damage to persons, other animals or property.
[Added 1-18-2022 by Ord. No. 1146]
The Pennsylvania Department of Agriculture.
All species of animals commonly and universally accepted
as being domesticated.
[Added 1-18-2022 by Ord. No. 1146]
Domesticated breeds/varieties of chickens, excluding roosters;
quail; pheasant; pigeons; and doves. Also, domesticated varieties
of Muscovy ducks (Cairina moschata), excluding drakes (male ducks),
are herein included.
A coop, cage or hutch that is designed to house domestic fowl or domesticated rabbits and is covered, predator-proof, well-ventilated, has at least two solid sides, is designed for easy cleaning access and complies with § 152-6 of this article.
For the purpose of this chapter, any structure of wire, wood, stone or other material, which is of sufficient height and strength to act as a barrier against passage of the animal it is intended to enclose. A fence must be sufficient to prevent the animal from being able to jump, dig, or escape confinement. Underground electric or wireless fences are not considered a barrier against passage. Regulations pertaining to the placement, construction, permitting and inspection of artificial fences can be found in § 455-145.
[Added 1-18-2022 by Ord. No. 1146]
A barrier composed of dense vegetation or man-made materials
which directs bees quickly into the sky.
An unobstructed area to allow for the natural ingress and
egress behaviors of mammalian bats.
A container intended for the housing of a colony of bees.
The taking into custody of an animal by any officer.
[Added 9-19-2023 by Ord.
No. 1173]
A restraint not greater than six feet in length which is
attached to a collar or harness of sufficient strength and quality
to restrain the animal to which it is attached and which shall at
all times be held and controlled by a person or an owner having the
ability to control the leashed animal.
[Added 1-18-2022 by Ord. No. 1146]
Restrained by a leash.
[Added 1-18-2022 by Ord. No. 1146]
Any structure in which carrier pigeons are housed.
Those species of bats that are native to southeastern Pennsylvania.
A police officer and/or animal control officer.
[Added 9-19-2023 by Ord.
No. 1173]
Any person having temporary or permanent custody and/or control
of, sheltering or having charge of, harboring, exercising control
over, or having property rights to, any animal covered by this article.
An animal shall be deemed to be harbored if it is fed or sheltered
by the person having custody and/or control of the animal.
[Added 1-18-2022 by Ord. No. 1146]
Any person, firm, partnership, association, corporation or
other entity.
Any action which incites, instigates, angers, irritates,
enrages or stimulates an animal.
[Added 9-19-2023 by Ord.
No. 1173]
Any animal that unreasonably annoys a person, endangers the
health, safety or welfare of a person, or substantially interferes
with the use and enjoyment of a person's property, including
but not limited to:
[Added 9-19-2023 by Ord.
No. 1173]
Any animal that is found running at large;
Any animal in attack;
Any animal that without provocation, molests, attacks, or otherwise
interferes with the freedom of movement of persons in a public right-of-way
or on public property; or
Any animal that chases motor vehicles in a public right-of-way
or on public property.
Any pigeon registered with any national pigeon racing organization.
Control of an animal by physical means so that it remains
on the premises of the owner and/or person maintaining custody and/or
control of the animal, or, when off the owner's premises, by means
of a cage, or leash under the direct control of a person of sufficient
strength and ability to control the animal.
[Added 1-18-2022 by Ord. No. 1146]
A condition of good order and cleanliness to minimize the
possibility of disease transmission.
[Added 9-19-2023 by Ord.
No. 1173]
A single-family attached dwelling, a single-family detached dwelling or a single-family semidetached dwelling, each as defined in Chapter 455, Zoning, as amended from time to time.
A domestic animal that is attached to a stationary object
by a leash.
[Added 1-18-2022 by Ord. No. 1146]
[Added 9-19-2023 by Ord.
No. 1173]
Borough Council may appoint an Animal Control Officer to carry
out and enforce any and all provisions of this article.
Except as provided in this article, no person shall import into
the Borough, possess, display, offer for sale, trade, barter, exchange
for adoption, or give as a household pet to any person to be maintained
within the Borough any animal except the following, which require
the providing of adequate housing and proper care:
A.
Domestic dogs, excluding hybrids with wolves, coyotes, or jackals;
B.
Domestic cats, excluding hybrids with ocelots or margays;
C.
Domesticated rodents;
D.
Captive-bred species of common cage birds;
E.
Nonpoisonous snakes under six feet in total length;
F.
Fish;
G.
Small reptiles, including turtles and lizards;
H.
Small amphibians, including newts, frogs and salamanders, traditionally
kept in the home for pleasure rather than for commercial purposes;
I.
Carrier pigeons and racing pigeons, when kept in compliance with
permit requirements;
J.
Domestic fowl, when kept in compliance with permit requirements;
K.
Domesticated rabbits;
L.
Bees, when kept in compliance with permit requirements;
M.
Native bats.
A.
Each person responsible for keeping an animal in the Borough shall
reside on or adjacent to the designated site on which the animal is
kept. The person keeping the animal must be the owner or permitted
lessee of the site where the animal is kept.
B.
In addition to the applicable provisions contained in this article,
each person keeping an animal in the Borough shall comply with all
other applicable provisions of the Borough of West Reading Code, the
Borough Code of the Commonwealth of Pennsylvania[1] and all other state and federal laws, statutes, rules
and regulations, as amended from time to time.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
C.
No person shall leave in or throw into any public way or public place,
or offensively expose or bury within the Borough, the body or any
part thereof of any dead or fatally sick or injured animal; nor shall
any person keep any dead animal in a place where it may be dangerous
to the life or detrimental to the health of any other animal or person;
provided, however, that the owner of any dead animal weighing not
more than 20 pounds may bury such animal on his/her premises; provided,
further, that not more than one such animal shall be buried upon any
half acre ground within two years, and such animal shall be placed
at least three feet below the surface of the soil surrounding and
adjacent to the grave. Animals weighing less than five pounds are
exempt from these regulations.
[Added 8-21-2018 by Ord.
No. 1092]
D.
Any dog or cat owned by any resident of the Borough must have a tag
providing its name as well as its owner's name, address, and
telephone number.
[Added 9-19-2023 by Ord.
No. 1173]
E.
Code Blue and Code Red.
[Added 9-19-2023 by Ord.
No. 1173]
(1)
The Borough's Animal Control Officer may declare a "Code Blue"
or "Code Red" relating to cold or hot weather, respectively, that
requires the owner of an animal to temporarily bring and keep it in
his dwelling for its protection from the elements when the National
Weather Service (NWS) predicts a wind chill temperature of 20°
F. or below, precipitation with temperatures below 32° F., or
a heat index of 95° F. or above.
(2)
At least eight hours before the Code Blue or Code Red is effective,
the Animal Control Officer shall announce the Code Blue or Code Red
declaration on the Borough's website and social media accounts,
and inform all local media outlets.
(3)
During the Code Blue or Code Red, an owner of an animal shall not
allow the animal to remain unattended or unsupervised outdoors.
(4)
The Animal Control Officer may retract a Code Blue or Code Red declaration at any time if the weather does not fall below or exceed the thresholds set forth in § 152-3E(1) as previously predicted by the National Weather Service (NWS) by providing notice to all local media outlets and on the Borough's website and social media accounts.
(5)
Only an officer or other individual authorized to prosecute violations
of state law concerning the welfare and/or protection of animals shall
have the power to prosecute a violation of this section.
[Added 9-19-2023 by Ord.
No. 1173]
A.
In addition to the other penalties provided in § 152-15, an officer may temporarily seize, impound, or humanely confine any animal if he has probable cause to believe that any provision of this article has been violated, and follows the laws of this commonwealth to obtain and execute a search warrant to seize, impound, or humanely confine that animal.
B.
Pursuant to the laws of this commonwealth, that officer need not obtain and execute a search warrant to temporarily seize, impound, or humanely confine an animal pursuant to § 152-3.1A under the following circumstances, which the Borough finds sufficiently compelling exigencies to justify the immediate albeit temporary seizure, impoundment, or humane confinement of that animal for the health, safety, and welfare of its residents:
(1)
Any public nuisance animal;
(2)
Any animal that is in violation of any quarantine or confinement
order and is in a public right-of-way or on public property;
(3)
Any unattended or abandoned animal that is outdoors or in an
automobile, and a reasonable person under a totality of the circumstances
would conclude is freezing, overheating, critically ill, severely
injured, or otherwise in need of immediate, life-saving care;
(4)
Any animal that a court of competent jurisdiction has ordered
impounded or destroyed but is in a public right-of-way or on public
property; and/or
C.
In lieu of temporary seizure, impoundment or humane confinement,
an officer may issue a notice of violation or citation.
[Added 9-19-2023 by Ord.
No. 1173]
A.
Upon impoundment of the animal, the officer shall immediately thereafter notify the owner in person if his last known address is in the Borough by delivering a written notice disclosing the identity of the officer and his/her contact information, the date, time, nature, place, and circumstances of the impoundment, where the animal is impounded, how to reclaim the animal, and all contents of this § 152-3.2. If the owner's last known address is outside of the Borough then the officer shall provide said written notice as described in the preceding sentence by certified mail, return receipt requested, postage prepaid, and overnight courier, postage prepaid.
B.
An owner reclaiming an impounded animal shall pay a fee for each
day the animal has been impounded pursuant to Chapter 212, Fees.
C.
An impounded animal not reclaimed by its owner within 96 hours of delivery of the notice(s) required by § 152-3.2A shall become the property of the Borough if that animal's owner is also found liable or convicted of violating this article, Chapter 55(B) of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 5531 et seq., the Dog Law, 3 P.S. § 459-101 et seq., the Rabies Prevention and Control in Domestic Animals and Wildlife Act, 3 P.S. § 455.1 et seq., or any other local, state, or federal law, rule, or regulation concerning the welfare of animals. In such instance, an individual or entity having the jurisdiction and authority under the laws, rules, and regulations of this Commonwealth may, if the violated law, rule, or regulation, or court order permits, mandate that the animal be placed for adoption, put in an animal shelter, or euthanized in a manner prescribed by him or it and according to the laws of this commonwealth.
No residential housing unit in the Borough shall contain at
any one time more than three permitted domestic dogs or three permitted
domestic cats, or any combination thereof; or four of any other caged
or uncaged permitted animals; unless otherwise permitted herein. This
limit shall not include litters of young permitted animals who have
not yet been weaned or who have been weaned for fewer than six weeks.
Animals which occasionally birth litters of young shall not be used
for the sole intent to provide income to the animal's owner or constitute
a business based on the raising of animals. There shall be no limit
on the number of fish and small amphibians which any residential unit
in the Borough may maintain.
A.
Single-family dwelling. All single-family dwellings shall be permitted to keep all animals permitted to be kept pursuant to § 152-2 of this article.
B.
All residential housing units which are not single-family dwellings
are limited solely to the keeping of the following animal types:
(1)
Domestic dogs, excluding hybrids with wolves, coyotes or jackals;
(2)
Domestic cats, excluding hybrids with ocelots or margays;
(3)
Domesticated rodents;
(4)
Captive-bred species of common cage birds;
(5)
Nonpoisonous snakes under six feet in length;
(6)
Fish;
(7)
Small reptiles, including turtles and lizards;
(8)
Small amphibians, including newts, frogs and salamanders;
(9)
Domesticated rabbits.
A.
Permits. Each person shall be required to obtain a domestic fowl
permit from the Borough for the keeping of domestic fowl in the Borough
for the purpose of ensuring compliance with all requirements and regulations
set forth in this article. The domestic fowl permit fee shall be established
by resolution of the Borough from time to time. No permit shall be
required for the keeping of any other permitted animal type, except
as otherwise set forth in this article.
B.
Enclosures. Enclosures shall provide at least three square feet of space per animal and shall provide access to a clean water source. Enclosures containing domestic fowl must incorporate a fencing component that is designed to provide outdoor access and still provide containment. No domestic fowl shall be allowed outside of its enclosure unless a responsible individual, over 18 years of age, is directly monitoring the animal(s) and is immediately able to return said animal to its enclosure if necessary. Each enclosure shall comply with the required height restrictions for accessory structures as set forth in the Chapter 455, Zoning, as amended from time to time.
(1)
Each enclosure shall be enclosed on all sides, and shall have a roof
and doors. Access doors must be able to be shut and locked at night.
Openings, windows and vents must be covered with vermin-, predator-
and bird-proof wire of 1/2 inch hardware cloth.
(2)
Materials used for making an enclosure shall be uniform for each
element of the enclosure such that the walls are made of the same
material, the roof has the same shingles or other covering, and each
window and opening is constructed using the same materials. The use
of scrap, waste board or similar material is prohibited.
(3)
Each enclosure shall be painted or stained; the color shall be uniform
around the enclosure and shall be in harmony with the surrounding
area.
(4)
Each enclosure shall be designed to provide safe and healthy living
conditions for domestic fowl and domesticated rabbits and shall provide
shade in the warm weather, suitable protection from inclement weather,
and adequate ventilation.
(5)
Each enclosure shall be kept in good repair and must be capable of
being maintained in a clean and sanitary condition, free of vermin
and obnoxious odors.
(6)
Each enclosure must reasonably prevent domestic fowl and domesticated
rabbits from running at large. Domestic fowl will be considered running
at large within the meaning of this section at any time when they
are not on the domestic fowl permit holder's premises.
(7)
Each enclosure shall be open at all times for inspection by the Borough.
(8)
No enclosure shall be located in the front yard of any lot.
C.
Setbacks. Each enclosure shall be kept at least 25 feet from each
door and window of any dwelling or occupied structure other than the
owner's dwelling. No enclosure shall be located within five feet of
a side yard or rear yard lot line.
D.
Roosters and drakes. It shall be unlawful for any person to keep
roosters or drakes within the Borough.
E.
Sale of chicken parts or eggs. All sales of chicken parts or eggs
must comply with all state and federal laws, statutes, rules and regulations.
A.
Proper sanitation shall be maintained for each animal at all times
to prevent any condition which may be dangerous or detrimental to
the health of the public or the animal, or constitute a nuisance.
Proper sanitation includes but is not limited to:
(2)
Ensuring odors resulting from each animal are not detectable beyond
property lines.
(3)
Storing all animal food in metal or other rodent-proof containers.
(4)
Compost endeavors containing animal waste matter shall be located
at least five feet from all property lines and be within a container
or bin enclosed on all sides and covered to deter rodents, flies and
other pests.
B.
Fecal matter deposited on public and private property. It shall hereafter
be unlawful for any person to permit any animal owned by or under
the custody, supervision or control of such person to deposit fecal
matter upon the public streets, alleys or sidewalks in the Borough
or upon property of another, including the property of the Borough
or of any school district, without immediately removing the same and
disposing of the same in a sanitary manner.
C.
Fecal matter remaining on personal property. It shall be unlawful
for any person to permit fecal matter of any animal owned by or under
the custody, supervision or control of such person to accumulate or
remain on property owned or occupied by such person for a period of
24 hours without removing the same and disposing of the same in a
sanitary manner.
A.
Harvesting of animals shall occur only on the property on which the
animals are kept, and shall not occur in view from any public area
or any adjacent property owned by another person.
B.
Harvesting of animals shall be done in a humane and sanitary manner.
C.
No commercial slaughterhouse shall be allowed in the Borough.
A.
Beekeeping. It shall be unlawful to keep any bees in the Borough
except as provided in this section.
B.
Registration, certification and permits.
(1)
No beekeeper may own or maintain an apiary within the Borough without
first registering each apiary with the Department, as required by
the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq., as
amended.
(2)
No beekeeper may own or maintain an apiary within the Borough without
first obtaining a best management certification from the Department
and executing the Department's Compliance Agreement for Beekeepers.
A beekeeper owning or maintaining an apiary in the Borough shall promptly
notify the Borough Zoning Officer without unnecessary delay, and in
no event longer than 48 hours from such revocation, if the Department
revokes said beekeeper's best management certification.
(3)
No beekeeper may own or maintain an apiary within the Borough without
first obtaining an annual beekeeper permit from the Borough Zoning
Officer. An application for an annual beekeeper permit shall be made,
in writing, to the Borough upon such form or in such format as established
by the Borough from time to time, and shall be accompanied by the
prescribed beekeeper permit fee in the amount established by resolution
of the Borough from time to time. The application shall be accompanied
by a lot plan that includes the size of the lot, the location and
number of each hive, the location of each water source, the distance
of each hive from the property lines, and, if required, the location
of any flyway barriers. The application shall also be accompanied
by written evidence that the applicant has completed a certified beekeeping
educational program. The issuance of a zoning permit shall not obviate
the necessity for compliance with all other Borough ordinances.
(4)
Non-property owners who wish to own or maintain an apiary on property
that the non-property owner is leasing must include written permission
from the property owner or landlord that explicitly indicates that
the non-property owner has permission to own and maintain an apiary
on the subject property. Such written permission shall be supplied
to the Borough as part of the annual beekeeper permit application.
C.
Maximum number of colonies. For a property containing a minimum of
2,000 square feet of lot area, a beekeeper is permitted to keep two
hives. For every additional 2,000 square feet of lot area, the beekeeper
is permitted to keep two additional hives.
D.
Hive type. No beekeeper shall keep or maintain bees in any hive other
than a Langstroth-type or top bar-type hive with removable combs and
with adequate space in the hive to prevent overcrowding and deter
swarming.
E.
Location of hives. The location of each hive must comply with the
following criteria:
(1)
No hive shall be located within 10 feet of any side or rear property
line.
(2)
No hive shall be located within the front yard of a lot.
(3)
No hive shall be located within 50 feet of a swimming pool or permanently
kenneled animal.
(4)
Apiaries may be located in any zoning district in the Borough.
F.
Hive orientation. Hive entrances shall face away from neighboring
properties and in such a direction that bees fly across the beekeeper's
property at sufficient distance to gain a height of at least six feet
at each property line. The use of barriers may be employed to redirect
the bees' flight pathway and establish bee flight pathways above six
feet. Should the flight path not be able to be obtained as set forth
in this subsection, then a flyway barrier shall be placed at least
six feet in height, shall be placed along the side of each hive that
contains the entrance to the hive, shall be located within five feet
of the hive, and shall extend at least two feet on either side of
the hive. A flyway barrier shall consist of a solid fence, dense vegetation,
dense hedge, or combination thereof. No flyway is required for a hive
that is located on a porch or balcony at least 10 feet above grade,
except where such porch or balcony is located less than five feet
from a property line.
G.
Water. All beekeepers in the Borough shall ensure that a convenient
source of fresh water is available to the bees from April 1 through
November 1 of each year and is located closer to the apiary than any
other water source.
H.
Best management practices. All beekeepers owning or maintaining an
apiary in the Borough shall practice all best management practices
as established by the Department from time to time.
I.
Maintenance. All beekeepers shall ensure that no bee comb or other
materials are left upon the ground of the apiary site. Upon removal
from the apiary, all such materials shall promptly be disposed of
in a sealed container or placed within a building or other bee-proof
enclosure.
J.
Inspection. The Borough, the Department and any apiary inspector
appointed by the Borough shall have free access, ingress, and egress
to and from each apiary, premises, building, or other place, public
or private, in which bees, wax, honey, hives, or appliances may be
kept or stored. No person shall deny any such access or hinder or
resist any inspection.
K.
Nuisance. It shall be unlawful for any beekeeper to keep any hive
in such a manner as to cause any unhealthy condition, interfere with
the normal use and enjoyment of human or animal life, or interfere
with the normal use and enjoyment of any property surrounding the
property on which the bees are kept. The Borough, with or without
the guidance of an apiary inspector, may seize and/or destroy each
hive or bee receptacle that is a public nuisance pursuant to this
article without remuneration to the beekeeper. By way of example and
not of limitation, the following activities are hereby declared to
be a public nuisance and are, therefore, unlawful:
(1)
Multiple bee stinging, attacking, or otherwise molesting others,
including but not limited to pedestrians, bicyclists, motor vehicle
passengers and domestic animals;
(2)
The use of any apiary or receptacle for bees that does not comply with Subsection D of this section.
(3)
Hive placement and related bee movement such that any bee, without
provocation, interferes with the freedom of movement of any person
in a public right-of-way, or the location of bees poses a threat to
the general safety, health, and welfare of the general public.
(4)
The keeping of any overcrowded, bee-diseased or abandoned hive.
L.
Prohibitions. Africanized honey bees may not be kept on any property
in the Borough.
M.
Sale of honey. The sale of honey must comply with all state and federal
laws, statutes, rules and regulations.
To encourage native bat populations in the Borough, residents
may install two bat houses on their property.
A.
Each bat house may be installed as either stand-alone or attached
to an existing structure.
B.
Each bat house must be at least 10 feet above ground level. Each
stand-alone bat house shall not be located more than 20 feet above
ground level.
C.
Each stand-alone bat house must provide for a flyaway zone of at
least 10 feet.
D.
The placement of a bat house in the front yard of any lot is strictly
prohibited.
A.
Permits.
(1)
The Code Enforcement Officer of the Borough shall issue an annual
carrier pigeon permit to the owner of any carrier pigeons upon application
therefor by said owner if:
(2)
The requirements of Chapter 455, Zoning, relating to restrictions on the location of stables and poultry enclosures shall not apply to a loft for which a permit has been issued.
(3)
The owner of any carrier pigeons shall pay an annual fee for an annual
carrier pigeon permit in an amount to be established by resolution
of Borough Council of the Borough from time to time, and no permit
as required by this article shall be issued until the prescribed fee
shall have been paid. The Borough shall keep a record of all permits
issued pursuant to this article.
B.
Issuance of permit authorizing loft construction. Any person to whom
the Code Enforcement Officer has issued a carrier pigeon permit may
erect and maintain a loft of carrier pigeons or racing pigeons in
the Borough.
C.
Exercise and training. Any owner of carrier pigeons to whom the Code
Enforcement Officer has issued a carrier pigeon permit, or person
acting for him or her, having in his or her charge or possession and
under restraint and control carrier pigeons, shall be allowed to fly
the carrier pigeons for necessary exercise and training, but not more
than 25 pairs at any one time.
D.
Inspection of pigeons and lofts. Any owner of carrier pigeons to
whom the Code Enforcement Officer has issued a carrier pigeon permit
shall permit employees or officials of the Borough to enter upon such
owner's property for the purpose of making inspections of carrier
pigeons and lofts at all reasonable times and from time to time.
[Amended 1-18-2022 by Ord. No. 1146]
A.
It shall hereafter be unlawful for any person or any owner to permit any domestic animal owned by, or in the possession of, or under the custody, supervision or control of such person to be at large without controlled restraint, as defined in § 152-1 either upon the public streets, alleys or sidewalks in the Borough or upon property of another, including the property of the Borough or of any school district. This prohibition shall apply to public and private property.
B.
Restraining
animals:
(1)
It
shall be unlawful to tether any domestic animal outside unless a person
or an owner remains within six feet of the domestic animal at all
times throughout the period of tethered restraint. This prohibition
shall apply to public and private property. During any period of tethered
restraint, the owner shall remain responsible to properly control
the domestic animal.
(2)
The use of a tether is not required when a domestic animal is restrained within a fenced area from which they cannot escape, as defined in § 152-1.
(3)
Exception.
Domestic animals may be restrained within a fenced area from which
they cannot escape when unattended outdoors, provided that the domestic
animals are not otherwise creating a nuisance or violating other provisions
of the Borough's ordinance and/or state law rules and regulations.
Owning, possessing, harboring, supervising or controlling any
animal or bird which howls, barks, meows, squawks or makes other sounds
continuously and/or incessantly for a period of 10 minutes or makes
such noise intermittently for 30 minutes or more to the disturbance
of any person at any time of the day or night, regardless of whether
the animal or bird is situated in or upon private property is prohibited;
provided, however, that at the time the animal or bird is making such
noise, no person is trespassing or threatening to trespass upon private
property in or upon which the animal or bird is situated or for any
other legitimate cause which teased or provoked the animal or bird.
Any violation of this article that would also violate any state
or federal law, statute, rule or regulation shall be prosecuted under
such state or federal law, statute, rule or regulation, as applicable,
and not under this article.
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Berks County.
