[Ord. 656, 4/9/2015]
This Part shall be known and may be cited as the "Exotic Animal Ordinance."
[Ord. 656, 4/9/2015]
As used in this Part, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:
All non-human vertebrate and invertebrate species that are organisms of the animal kingdom, as distinguished from the plant kingdom; including any part, product, egg, or offspring thereof.
Any equine animal, bovine animal, sheep, goat, and pig.
Any animal that is wild, fierce, dangerous, noxious, or naturally inclined to do harm or inflict serious bodily injury and is not normally or ordinarily raised as livestock or kept as a household pet including, but not limited to, bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves, nonhuman primates, any crossbreed of these animals which have similar characteristics in appearance or features, any animal of a species prohibited by Title 50, Code of Federal Regulations, as amended, and any animal prohibited by the Common-wealth of Pennsylvania. Exotic animals, however domesticated, shall also include, but not be limited to:
Amphibians: all venomous frogs, toads, turtles and other similar amphibians.
Bear (Ursidae): all bears including, but not limited to, grizzly bears, brown bears, black bears and polar bears
Cat Family (Felidae): all except commonly accepted domestic cats including, but not limited to, lions, pumas, panthers, mountain lions, leopards, jaguars, ocelots, margays, tigers, bobcats, and wild cats.
Crocodilians: all alligators, caimans, crocodiles, gavials and other similar crocodilians.
Dog Family (Canidae): all except domesticated dogs including, but not limited to, wolf, fox, coyote, dingo or offspring of domesticated dogs bred with a wolf, fox, coyote and dingo.
Porcupine (Erethizontidae): all porcupines, skunks and other members of the Erethizontidae family.
Primates (Hominidae): all sub-human primates.
Raccoons (Procynidae): all raccoons and civets.
Reptiles: all venomous and constricting snakes and all venomous lizards.
Venomous Invertebrates: all venomous spiders and scorpions.
Any domestic cat, including all breeds of cat recognized by the American Cat Fanciers Association, domestic dog, including all breeds of dog recognized by the American Kennel Club, and any other domestic animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner. At no time shall this term extend to and/or include any crossbreeds between domestic cats and any other member of the family Felidae or any crossbreeds between domestic dogs and any other member of the family Canidae.
To bring or to have transported into the Township.
Any domestic animal maintained or kept by persons within the Township and shall include, but not be limited to, horses, cattle, sheep, pigs, goats, donkeys, mules, but excluding cats and dogs.
When applied to the proprietorship of an exotic animal, includes every person having a right of property in such exotic animal, and every person who keeps or harbors such an exotic animal or has it in his care, and every person who permits such an exotic animal to remain on or about any premises occupied by him.
The detention and control, or the manual or ideal custody, of anything which may be the subject of property, for one's use and enjoyment, either as owner or as the proprietor of a qualified right in it, and either held personally or by another who exercises it in one's place and name. Possession includes the act or state of possessing and that condition of facts under which one can exercise his power over a corporeal thing at his pleasure to the exclusion of all other persons. Possession includes constructive possession which means not actual but assumed to exist, where one claims to hold by virtue of some title, without having actual custody.
Being upon any public highway, street, alley, park, or 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 person having custody of said exotic animal.
Bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
To move from one place to another by any means whatsoever.
[Ord. 656, 4/9/2015]
1.
No person shall import, possess, own, breed, transport, or raise any exotic animal within the Township. This provision shall not apply to any public zoological park, nationally recognized circus, or public scientific or educational institution which has the proper federal and state permits and approvals and provides proper fences and other protective devices adequate to prevent such animals from escaping or injuring the public, or causing health hazards due to fecal matter, or otherwise.
2.
Domesticated ferrets are permitted as household pets provided that the following requirements are met:
A.
Domesticated ferrets shall be de-scented.
B.
Domesticated ferrets shall be spayed and neutered.
C.
Domesticated ferrets are to be vaccinated, except as provided herein. Vaccination documents or a statement from a licensed veterinarian advising against vaccination shall be furnished upon request.
D.
No breeding of domesticated ferrets is permitted.
E.
Domesticated ferrets are not to be running at large when outdoors.
3.
Vietnamese potbellied pigs are permitted as household pets provided that the following requirements are met:
A.
The owner shall obtain a document from a licensed veterinarian or a nationally recognized registry certifying that the pet is a Vietnamese potbellied pig.
B.
No more than two Vietnamese potbellied pigs are permitted and shall be primarily indoor pets.
C.
Vietnamese potbellied pigs shall be spayed and neutered.
D.
Vietnamese potbellied pigs are to be vaccinated, except as provided herein. Vaccination documents or a statement from a licensed veterinarian advising against vaccination shall be furnished upon request.
E.
No breeding of Vietnamese potbellied pigs is permitted.
F.
Vietnamese potbellied pigs are not to be running at large when outdoors.
[Ord. 656, 4/9/2015]
No person shall sell or offer for sale, adoption, exchange, or transfer, with or without a charge, any exotic animal.
[Ord. 656, 4/9/2015]
Upon the receipt of a complaint by one or more persons alleging the presence of a possible exotic animal, the Township Police Chief, or his authorized designee, may investigate the complaint to determine if, in fact, the animal is an exotic animal. Upon the determination that an exotic animal is being maintained within the Township, the Township Police Chief, or his authorized designee, shall contact the Pennsylvania Game Commission for disposal of the exotic animal.
[Ord. 656, 4/9/2015]
Any violation of this Part that would also violate any state law shall be prosecuted under the state law and not under this Part.
[Ord. 656, 4/9/2015]
Any person, firm, or corporation who shall violate any provision of this Part, or fails to comply therewith, or with any of the requirements thereof, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs, including reasonable attorney fees incurred by the Township, and, in default of payment of said fine and costs, to a term of imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation of this Part is found to exist and for each section of this Part found to have been violated. The Township may also commence appropriate actions in equity or other to prevent, restrain, correct, enjoin, or abate violations of this Part. All fines and penalties collected for violations of this Part shall be paid to the Township Treasurer. The initial determination of ordinance violation is hereby delegated to the Township Manager, the Police Department, the Code Official, the authorized designee of the Township Manager, and to any other officer or agent that the Township Manager or the Board of Supervisors shall deem appropriate.