[Ord. 718-2006, 9/6/2006, § 101]
This Part is enacted to regulate the maintenance, keeping or possession of animals within the Township of East Pennsboro in order to promote the health, safety and general welfare of its inhabitants.
Where the provisions of this Part impose greater restrictions than those of any other statute, ordinance, regulation or resolution, the provisions of this Part shall be controlling. Where the provisions of any other statute, ordinance, regulation or resolution impose greater restrictions than this Part, the provisions of such other statute, ordinance, regulation or resolution shall be controlling.
[Ord. 718-2006, 9/6/2006, § 102; as amended by Ord. 757-2009, 7/1/2009]
For the purpose of this Part the following terms shall be construed to have the meaning set forth in this Part, except in those instances where the text of the ordinance clearly indicates otherwise:
- Any dog, cat, bird, fish, reptile, insect or other domesticated animal or any nondomesticated animal.
- Any police officer, community service officer, or duly appointed animal control officer, Code Enforcement Officer or his/her designee.
- Any person having a right of property in any animal or having custody of any animal, or any person who harbors or permits any animal to remain on or around his or her property.
- PET SHOP
- Any retail shop primarily in the business of selling animals and maintaining, keeping or possessing animals under the provisions of this Part.
- RUNNING AT LARGE
- Being upon any public highway, street, alley, park, or any other public land, or upon property of another person other than the owner, and not being accompanied by or under the control of the owner or any other person having custody of said animal.
[Ord. 718-2006, 9/6/2006, § 103]
Any person is permitted to maintain, keep or possess within certain zoning classifications of the Township of East Pennsboro and subject to the numerical limitations of § 2-203, any of the following animals, which classification shall be strictly construed:
In areas which have a zoning classification other than A-1 Agricultural:
Cage birds. (The term includes parakeets, parrots, canaries, finches, love birds, myna birds and other birds ordinarily kept in cages in households; it excludes wild birds captured or rescued and kept in cages.)
Cats (felis catus).
Dogs (canis familiaris), except dingoes.
Goldfish and carp (cyprinidaei).
Guinea pigs (cavia cutleri).
Hamsters (cricetus and mesocricetus).
Lizards (sauri), except those listed under animals prohibited in the Township.
Mice, white (mus musculus).
Rabbits, restricted to European-type rabbits (Oryctolagus cuniculus), commonly kept as pets.
Rats, white (rattus norvegicus).
Salamanders (any tailed amphibian).
Snakes, nonpoisonous and native to the Township of East Pennsboro.
Tropical fish, limited to those customarily maintained in a household aquarium, except piranhas.
In areas which have a zoning classification of A-1 Agricultural:
[Ord. 718-2006, 9/6/2006, § 104]
It shall be unlawful for the owner, custodian or keeper of any permitted animals, to allow such animals to run at large at any time, either upon any of the streets, alleys or public grounds in the Township of East Pennsboro, or upon the property of another person other than the owner, custodian or keeper of such animals, unless accompanied by and under the immediate control of such owner, custodian or keeper. Any officer is hereby authorized and empowered to go upon any premises and enter any building to seize and detain any animals, which have been found running at large unaccompanied by the owner, custodian or keeper, when such officer is in immediate pursuit of any animal.
[Ord. 718-2006, 9/6/2006, § 105; as amended by Ord. 757-2009, 7/1/2009]
Any police officer of the Township of East Pennsboro or the Animal Enforcement Officer, as designated from time to time by the Commissioners, is hereby authorized to seize and detain any permitted animal running at large in violation of § 2-103 of this Part, or any animal concerning which information shall have been received that such animal is or has been running at large. Any animal so seized shall be conveyed to the place designated by the Board of Township Commissioners as a pound. Notice of such seizure, either personally or by certified mail, shall be given to the person in whose name the license, if any, was procured, or his agent, to claim such animal within three days. In the event that the animal does not bear a proper license tag, immediate notice, either personally or by certified mail, shall be given by the officer, or his agent, if such owner is known. The owner of an animal so detained shall pay a penalty in an amount as established from time to time by resolution of the Board of Commissioners together with a boarding fee in an amount as established from time to time by the Board of Commissioners for each day of additional boarding. Such payment may be in addition to any fines and costs which may be related to prosecution and may further be in addition to any fees claimed by other animal control agencies.
[Ord. 718-2006, 9/6/2006, § 106]
If, after three days of such notice as set forth in § 2-104 of this Part, such animal has not been claimed, such officer shall dispose of such animal by some humane manner. Where the owner or agent of an unlicensed animal is not known, the officer shall dispose of such animal by some humane manner. No animal caught and detained shall be sold for the purpose of vivisection.
[Ord. 718-2006, 9/6/2006, § 107]
No person is permitted to maintain, keep or possess any of the following animals, which classifications shall be broadly construed:
All poisonous animals, including rear-fanged snakes.
Apes: chimpanzees (pan), gibbons (hylobates), gorillas (gorilla), orangutans (pongo) and siamangs (symphalangus).
Baboons (papio, mandrillus).
Bison (bison bison).
Cheetahs (acinonyx jubatus).
Coyotes (canis latrans).
Deer (Cervidae), includes all members of the deer family, for example, white-tailed deer, elk, antelopes and moose.
Elephants (elephas and loxodonta).
Foxes (vulpes and urocyon).
Game cocks, i.e., fighting birds.
Jaguars (panthera onca).
Jaguarundis (herpai lurus).
Leopards (panthera pardus).
Lions (panthera leo).
Margays (felis tigrina).
Monkeys, old-world (cercopithecidae).
Ocelots (felis pardalis).
Piranha fish (characidae).
Pumas (felis conoolor), also known as "cougars," "mountain lions" and "panthers."
Sharks (class chondrichthyes).
Snakes (poisonous and not native to East Pennsboro Township).
Snow leopards (panthera uncia).
Tigers (panthera tigris).
Wolves (canis lupus).
[Ord. 718-2006, 9/6/2006, § 201]
No person shall allow any animal to make any loud or harsh noise or disturbance continuously or incessantly for a period of 10 minutes or to make such noise intermittently for 1/2 hour or more to the disturbance of any person at any time of the day or night which shall interfere with or deprive the peace, quiet, rest or seep of any person within the township; provided, however, that at the time such animal is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal is situate or for any other legitimate cause which teased or provoked the animal.
[Ord. 718-2006, 9/6/2006, § 202]
When not confined to the owner's premises, all animals must be under physical control of their owner or custodian and constrained at all times.
No person owning, harboring, keeping or in charge of any animal shall cause, suffer or allow such animal to soil, defile, defecate on or commit any nuisance on any sidewalk, play area, park or any place where people congregate or walk or on any public property whatsoever or on any private property without the permission of the owner of said property. The restriction in this Part shall not apply to that portion of the street lying between the curb lines in any common thoroughfare, passageway or bypath, which shall be used to curb such animal under the following conditions:
The person who so curbs such animal shall immediately remove all feces deposited by such animal by any sanitary and reasonable manner.
The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any animal curbed in accordance with the provisions hereof.
[Ord. 718-2006, 9/6/2006, § 203]
Except for species of fish, it shall be unlawful to keep more than four animals six months of age or older on any premises, regardless of the number of owners; provided, however, that this Part shall not apply to any premises for which a kennel license has been obtained pursuant to the Dog Law of 1982, 3 P.S. § 459-206 et seq., as the same may from time to time be supplemented or amended.
[Ord. 718-2006, 9/6/2006, § 204; as amended by Ord. 757-2009, 7/1/2009]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 718-2006, 9/6/2006, § 205]
In addition, the officer may institute any appropriate action or proceeding, whether by legal process or otherwise, to restrain, correct or abate a continuing violation of any provision of this Part or any rules and regulations made pursuant hereto.