[Adopted 4-15-2008 by Ord. No. 1321]
The Borough of Avalon intends to protect the public against
the health and safety risks that exotic animals pose to the community
and to protect the welfare of the individual animals held in private
possession. By their nature, exotic animals are wild and potentially
dangerous; as such, they do not adjust well to a captive environment.
As used in this article, the following terms shall have the
meanings indicated:
Any animal control agency contracted by the Borough of Avalon
to conduct animal control.
Those species of animals that are exotic to humans, meaning
that the animal is of a wild or predatory nature and which, because
of its size, vicious nature, and/or other characteristics, would constitute
an unreasonable danger to human life or property. "Exotic animals"
include, but are not limited to, any or all of the following orders
and families, whether bred in the wild or in captivity. Exotic animals
include any or all hybrids. The animals listed in parentheses are
intended to act as merely examples. These examples are not to be construed
as an exhaustive list, nor are the examples to be construed as a generality
of each group of animals, unless otherwise specified:
Class Mammalia.
Order Artiodactyla (hippopotamuses, giraffes, camels, deer but
not cattle, swine, sheep, or goats).
Order carnivora.
Family Felidae (lions, tigers, cougars, leopards, ocelots, and
servals but not domestic cats).
Family Canidae (wolves, coyotes, foxes, and jackals but not
domestic dogs).
Family Ursidae (all bears)
Family Mustelidae (weasels, skunks, martins, minks but not ferrets)
Family Procyonidae (raccoons and coatis)
Family Hyaenidae (hyenas)
Family Viverridae (civets, genets, and mongooses)
Order Edentatia (anteaters, armadillos, and sloths)
Order Marsupialia (opossums, kangaroos, and wallabies but not
sugar gliders)
Order Perissodactyla (rhinoceroses and tapirs but not horses,
donkeys, or mules)
Order Primates (lemurs, monkeys, chimpanzees, gorillas, and
orangutans)
Order Proboscidae (elephants).
Order Rodentia (squirrels, beavers, and porcupines but not guinea
pigs, rats, mice, gerbils, or hamsters).
Class Reptilia.
Order Squamata.
Family Varanidae.
Family Boidae (all species whose adult length has the potential
to exceed 15 feet in length).
Family Colubridae (only boomslangs and African twig snakes).
Family Elapidae (coral snakes, cobras, mambas, etc.)
Family Viperidae (copperheads, cottonmouths, rattlesnakes, etc.):
all species.
Family Chelydridae (snapping turtles) - all types.
Order Crocodilia (crocodiles, alligators, caimans, gavials,
etc.): all species.
Any individual, partnership, corporation, organization, trade
or professional association, firm, limited liability company, joint
venture, association, trust, estate, or any other legal entity. "Person"
includes any officer, member, shareholder, director, employee, agent,
and/or representative thereof.
Any person who owns, possesses, keeps, harbors, brings into
the Borough of Avalon, has in one's possession, acts as a custodian,
or has custody or control of an exotic animal.
A nonprofit organization described in § 170(b)(1)(A)(vi)
of the Internal Revenue Code 1986, and its subsequent amendments,
that operates a place of refuge where abused, neglected, unwanted,
impounded, abandoned, orphaned, or displaced exotic animals are provided
care for their lifetime or are released back to their natural habitat.
To qualify as a "wildlife sanctuary," the organization must not do
any of the following:
A.
It shall be unlawful for any person to own, possess, keep, harbor,
bring into the Borough of Avalon, have in one's possession, act as
a custodian, or have custody or control of an exotic animal, except
in compliance with this article.
B.
It shall be unlawful for a person to breed an exotic animal.
The provisions of this article shall not apply to any of the
following:
A.
Institutions accredited by the American Zoo and Aquarium Association
(AZA) or under mentorship through the AZA;
B.
Duly incorporated nonprofit animal protection organizations housing
an exotic animal at the written request of the animal control authority;
C.
Animal control or law enforcement agencies or officers acting under
the authority of this article;
D.
Licensed veterinary hospitals or clinics;
F.
Any licensed or accredited research or medical institution;
G.
Any licensed or accredited educational institution;
H.
Any lawfully operated circus, carnival, or rodeo;
I.
A person temporarily transporting an exotic animal through the Borough
of Avalon so long as the transit time is not more than 48 hours, and
the animal is at all times maintained within a confinement sufficient
to prevent the exotic animal from escaping; or
J.
Any person or facility licensed as an exhibitor or breeder by the
United States Department of Agriculture (USDA) under the Animal Welfare
Act.
A.
Unless a person qualifies for an exemption under § 116-25 of this article, a person may not own, possess, keep, harbor, bring into the Borough, have in one's possession, act as a custodian, or have custody or control of an exotic animal, unless that person holds a personal possession permit for that animal, as preliminarily approved by the authority and ultimately issued by Borough Council. A person may obtain a personal possession permit for an exotic animal only if all of the following criteria are met:
(1)
The person was in legal possession of the exotic animal prior to
the effective date of this article and is the legal possessor of the
exotic animal; and
B.
Persons who meet the requirements set forth in Subsection A of this section shall annually obtain a personal possession permit. However, from and after the effective date of this article, no new exotic animal shall be brought into possession under the authority of a personal possession permit.
C.
A first-time applicant or an applicant seeking a renewal of a personal
possession permit shall first file an application to receive a personal
possession permit with the animal control authority on forms provided
by the animal control authority. The application shall include all
of the following for review by the authority:
(1)
A written statement which sets forth the following information:
(a)
The name, address, telephone number, and date of birth of the
applicant;
(b)
Whether this is a first-time application or a renewal application;
(c)
A description of each exotic animal the applicant possesses,
including the scientific name, name, sex, age, color, weight, and
any distinguishing marks or coloration that would aid in the identification
of the animal;
(d)
A photograph of the exotic animal;
(e)
The exact location where the exotic animal being kept;
(f)
The names, addresses, and telephone number of the person (if
known) from whom the applicant obtained the exotic animal;
(g)
The microchip number of the exotic animal, excluding exotic animals exempted under § 116-25 of this article; and
(h)
The name, address, and telephone number of the veterinarian
providing veterinary care to the exotic animal and a certificate of
good health from the possessor's veterinarian.
(2)
In addition to the written statement, the applicant must present
to the animal control authority a certified, notarized statement confirming
all of the following:
(a)
The applicant is 18 years of age or older;
(b)
The applicant has not been convicted of or found responsible
for violating a local or state law prohibiting cruelty, neglect, or
mistreatment of an animal or has not, within the past 10 years, been
convicted of a felony or been convicted for the possession, sale,
or use of illegal narcotics;
(c)
The facility and the conditions in which the exotic animal is
kept are in compliance with this article;
(d)
The applicant has regularly provided veterinary care to the
exotic animal when needed and will provide such care in the future;
and
(3)
When filing the application, the applicant must also submit his/her
plan for the quick and safe recapture of the exotic animal if the
exotic animal escapes.
(4)
When filing the application, the applicant must submit a copy of
the policy for liability insurance, as well as a declaration sheet
evidencing and confirming the coverages available and the coverage
period.
(5)
An applicant must provide any additional information the animal control
authority may deem necessary to carry out the provisions of this article.
D.
A personal possession permit shall not be granted unless the animal control authority finds that all of the requirements in § 116-26C , including its subsections, have been met.
E.
The authority must provide written notice of the preliminary approval within 10 days of the applicant submitting all of the requisite material listed in § 116-26C of this article. If the tenth day falls on a Sunday or a legal holiday, then the next business day will qualify as the tenth day.
F.
If the animal control authority preliminarily approves of issuing
a personal possession permit, final approval for the issuance of the
permit must be made by Avalon Borough Council within 30 days of the
authority's approval, at the next, regularly scheduled, legislative
Council meeting.
(1)
In order for Borough Council to approve of issuing the permit, all
of the following conditions must be satisfied:
(a)
The applicant must conspicuously post a sign on his/her premises
where the exotic animal is to be kept. The sign, as provided by the
animal control officer, shall provide notice of the application. This
sign must also describe the type of exotic animal being kept on the
premises; and the date, time, and place that the Borough hearing will
occur to approve or reject the application. The sign must be posted
for two consecutive and uninterrupted weeks prior to the Borough hearing.
If there are homes to the rear of the premises at which the exotic
animal is kept, then the sign must be posted for two consecutive and
uninterrupted weeks at the rear of the property, prior to the Borough
hearing; this is in addition to posting at the front of the property;
(b)
The Borough, at the applicant's expense, must advertise the same information contained in the § 116-26F(1)(a) notice/sign in a newspaper of general circulation in the Borough for two consecutive weeks prior to the Borough hearing at which the decision whether to approve or reject the application will be held; and
(c)
A designated official from animal control must appear to offer his/her
recommendation as to whether Borough Council should approve or reject
this application. While the recommendation from animal control is
not binding, it is highly persuasive.
(2)
The decision to approve or reject the application must occur at the
legislative meeting, unless the applicant, animal control, and Borough
Council deem otherwise.
G.
If the Borough approves that the permit shall be issued, then animal
control shall establish and charge reasonable fees for the application,
the issuance (including the renewal of a personal possession permit)
in order to recover the costs associated with the administration and
enforcement of this article. The fee charged to an applicant shall
be as set by resolution of the Borough Council for each animal for
which a permit is sought. The fees collected under this section may
be used only to administer and enforce this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
If the Borough rejects the application, then the applicant will have
30 days from the date of the rejection, whether occurring at or after
the legislative meeting, within which to file an appeal with the local
Magisterial District Judge.
I.
If issued, the actual personal possession permit shall set forth
all of the following information:
(1)
The name, address, telephone number, and date of birth of the permit
holder;
(2)
The address, if different than above, where the exotic animal(s)
are kept;
(3)
The name, number of animals, sex, species, age of the exotic animal(s),
and any distinguishing marks or coloration that would aid in the identification
of the animal;
(5)
The name, address, and telephone number of the veterinarian who provides
veterinary care to the exotic animal(s) named on the permit; and
(6)
Any other relevant information the animal control authority may deem
necessary.
J.
If a person can no longer care for his/her exotic animal, that person,
upon approval by the authority, may transfer his/her exotic animal
to another person currently holding a valid personal possession permit.
K.
The animal control authority shall keep records of who is carrying
a valid permit. A permit holder shall notify the animal control authority
of any changes in the stated information on the permit; this includes,
but is not limited to, the death of the exotic animal.
A.
The personal possession permit shall terminate under any of the following
circumstances:
B.
Upon the termination of the permit, the former permit holder or the
holder's heirs or successors in interest shall do either of the following:
(1)
Immediately release the animal to animal control, where the animal
may be euthanized through any lawful and humane means; or
(2)
Immediately transfer the animal to a lawfully exempt agency, as set
forth in this article, provided that this agency has agreed, in writing,
to accept the animal, and proof of this acceptance is provided to
animal control by the possessor.
Every exotic animal must be implanted with a microchip, at the
expense of the possessor, by or under the supervision of a veterinarian.
This provision does not apply to an exotic animal if a veterinarian
determines that the implant of a microchip would endanger the well-being
of the exotic animal.
Every exotic animal must be spayed or neutered, at the expense
of the possessor, by a veterinarian. This provision does not apply
to an exotic animal if a veterinarian determines that the spay or
neuter procedure would endanger the well-being of the exotic animal.
For each exotic animal, the possessor shall comply with AZA's
Minimum Husbandry Guidelines for animal care and maintenance of that
animal.
A.
An exotic animal shall not be tethered, leashed, chained outdoors,
or allowed to roam at large. Rather, an exotic animal must be securely
enclosed at all times in a manner appropriate for the character of
the animal.
B.
An exotic animal shall not be mistreated, neglected, abandoned, and/or
deprived of necessary food, water, and sustenance.
C.
A person transporting an exotic animal in a vehicle shall keep the
animal securely caged in the vehicle at all times.
D.
Each person shall have a plan for the quick and safe recapture of
the exotic animal if the exotic animal escapes. If recapture is impossible,
then a plan must be in place for the destruction of the exotic animal
held under a personal possession permit.
E.
The possessor shall contact the animal control authority, a wildlife
sanctuary as defined under this article, or an AZA accredited facility
if the possessor can no longer care for the exotic animal prior to
euthanasia of the exotic animal. Ultimately, the possessor has the
duty to advise animal control that it can no longer care for the exotic
animal.
A.
A possessor of an exotic animal shall maintain liability insurance
coverage in an amount of not less than $250,000 for each occurrence
for liability damages for destruction of or damage to property and
death or bodily injury to a person caused by the exotic animal. The
possessor of an exotic animal shall provide a copy of the policy for
liability insurance, as well a declaration sheet evidencing and confirming
the coverages available and the coverage period, to the animal control
authority on an annual basis.
B.
The possessor of an exotic animal shall have continuously posted
and displayed at each possible entrance onto the premises where an
exotic animal is kept a conspicuous sign, clearly legible, and easily
readable by the public warning that there is an exotic animal on the
premises. In addition, the possessor shall conspicuously display a
sign with a warning symbol that informs children of the presence of
an exotic animal. The animal control authority shall prescribe the
exact content and size of the sign.
C.
If any exotic animal unintentionally escapes, the possessor of the
exotic animal shall immediately contact a law enforcement officer
of Avalon Borough to report the escape or release. The possessor is
liable for all expenses associated with efforts to recapture the animal
and will defend and indemnify the Borough from any damages and/or
losses, whether to property or person, resulting from the release
of the animal.
D.
No person may intentionally release an exotic animal. If an exotic
animal is intentionally released, the possessor is liable for all
expenses associated with efforts to recapture the animal and will
defend and indemnify the Borough from any damages and/or losses, whether
to property or person, resulting from the release of the animal.
The permittee shall not bring an exotic animal to any public
property or a commercial or retail establishment, unless the permittee
is bringing the animal to a licensed veterinarian or a veterinarian
clinic.
The animal control authority, its staff, its agents, and the
Avalon Police Department are authorized and empowered to enforce the
provisions of this article.
The possessor of an exotic animal, at all reasonable times,
shall allow the animal control authority, its staff, and its agents
to enter the premises where the animal is kept to ensure compliance
with this article.
A.
If the animal control authority finds that an applicant for an original or renewal of a personal possession permit does not meet the requirements set forth in § 116-26 of this article, as well as its subsections, the animal control authority shall deny the applicant a personal possession permit and give the applicant written notice of the denial and the reasons for the denial. Written notice of the denial of must be provided within 10 days of the applicant submitting all of the requisite material listed in § 116-26 of this article. If the 10th day falls on a Sunday or a legal holiday, then the next business day will qualify as the 10th day.
B.
If the animal control authority finds that a person has not complied
with any section of this article, the animal control authority may
suspend or revoke the personal possession permit and give the possessor
written notice of the suspension or revocation and the reasons for
the suspension or revocation.
C.
A person who is denied an initial personal possession permit, denied a renewal of a personal possession permit, has had a permit suspended or revoked, or is denied the transfer of the animal to another person having a valid personal possession permit, may appeal this decision to Borough Council. This appeal shall involve all of the same notice requirements set forth in § 116-26F(1) through (2). Similarly, if the Borough rejects the issuance of an initial permit, a renewal, or the possessor's appeal of a suspension or revocation, then the applicant will have 30 days from the date of the rejection, whether occurring at or after the legislative meeting, within which to file an appeal with the local Magisterial District Judge.
A.
The animal control authority may immediately confiscate any exotic
animal if the animal is kept in contravention of this article. This
confiscation power includes the duty of the authority to confiscate
the animal if an initial application for a personal possession permit
is rejected, a renewal application is rejected, or the permit is suspended
or revoked. The possessor is liable for the costs of placement and
care for the exotic animal from the time of confiscation until the
time of return to the possessor or until the time the animal has been
relocated to an approved facility, such as a wildlife sanctuary, as
defined under this article, or an institution accredited by the AZA.
B.
If an exotic animal is confiscated due to the animal being kept in
contravention of this article, the possessor must post a security
bond or cash with the animal control authority in an amount sufficient
to guarantee payment of all reasonable expenses expected to be incurred
in caring and providing for the animal. This bond or cash includes
but is not limited to the estimated cost of feeding, medical care,
and housing for at least 30 days. The security bond or cash shall
not prevent the animal control authority from disposing of the animal
at the end of the 30 days, unless the person claiming the animal posts
an additional security bond or cash with the animal control authority
to secure payment of all reasonable expenses expected to be incurred
in caring and providing for the animal for an additional 30 days;
this posting must be done prior to the expiration of the first thirty-day
period. A failure to meet this posting requirement may result in the
animal being euthanized. The amount of the security bond or cash shall
be determined by the animal control authority and will be based on
the current rate to feed, provide medical care, and house the animal.
The possessor cannot recover the cost of the bond or cash.
C.
If the possessor of a confiscated exotic animal cannot be located
or if a confiscated exotic animal remains unclaimed, then animal control
authority may contact an approved facility, such as a wildlife sanctuary,
as defined under this article, or an institution accredited by the
American Zoo and Aquarium Association (AZA). Alternatively, the authority
may allow the animal to be adopted by a person who currently possesses
a personal possession permit, or it may euthanize the animal.
D.
If the exotic animal cannot be taken up or recaptured safely by the
animal control authority or if proper and safe housing cannot be found,
the animal control authority may immediately euthanize the animal.
E.
An exotic animal may be returned to the possessor only if, to the
satisfaction of the animal control authority, the possessor has a
personal possession permit, has corrected the conditions resulting
in the confiscation, and has paid in full the costs of placement and
care of the animal while under the care and control of the animal
control authority.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Allegheny County.
A.
This article takes effect within 60 days from the date it is signed
into law.
B.
The day this article takes effect, the animal control authority shall implement and administer the prohibitions of the keeping of exotic animals under this article. This includes, but is not limited to, the creation of the personal possession permit program established by § 116-26 of this article, orders relating to the applications for personal possession permit and renewals, fees for the permit, and the form and content of the application and posting notices/signs.
