[Adopted 9-15-2008 by Ord. No. 825]
The Board of Commissioners of Tinicum Township find that the
feeding of unconfined wild and/or stray animals is both detrimental
to the animals and causes a public health nuisance, a safety hazard
that is detrimental to the general health, safety and general welfare
of the public.
As used in this article, the following terms shall have the
meaning indicated:
The act of furnishing, exposing, placing, depositing, distributing
or scattering any food or other substances which is likely to attract,
lure or entice unconfined wild and/or stray animals.
Any individual, owner, occupier, corporation, company, partnership,
firm, association, club, society or any other form of association
or organization subject to the jurisdiction of the Township.
An unlicensed or unregistered domesticated animal whose owner
is unknown or cannot be located, or any such animal whose owner is
known but permits the animal to roam at large on any street, alley,
road, range or premises of another without permission.
Any species of animal wild by nature, as distinguished from
the common domesticated animals. A wild animal is one that can survive
in its natural environment without the help or assistance of humans,
including but not limited to bears, coyotes, deer, feral cats, foxes,
groundhogs, opossums, raccoons, skunks and waterfowl.
A.
No person
within the Township of Tinicum shall intentionally harbor, maintain,
control, feed, cause to be fed or provide or make available food or
other substances likely to be consumed by unconfined wild and/or stray
animals either on private or public properties within the borders
of the Township of Tinicum.
B.
No person
within the Township of Tinicum may place or allow any device, mechanical
feeder, or other instrument designed to attract or entice unconfined
wild and/or stray animals on any public or private property within
the borders of the Township of Tinicum.
A.
The feeding
of small songbirds or other backyard birds shall be permitted outdoors
at such times and in such numbers that:
(1)
Such
feeding does not create an unreasonable disturbance that affects the
rights of surrounding property owners and/or creates a nuisance;
(2)
Does
not create an accumulation of droppings on the property or surrounding
properties in violation of health and safety ordinances;
(3)
Does
not become an attractant for rodents or other wild or stray animals;
and
(4)
Bird
feeders or other mechanical devices for feeding of small birds shall
be placed at least five feet above the ground and utilized so as not
to be an attractant to unconfined wild and/or stray animals.
B.
The feeding
of wildlife is permitted within confined zoos, educational environmental
centers or federally protected wildlife preserves.
A.
Police
officers, animal control officers, or any other designated and authorized
personnel of Tinicum Township are hereby given the full power and
authority to enforce this article and to seize, impound and transfer
any unconfined wild and/or stray animal to a licensed kennel or other
facility authorized by law to receive and dispose such animal.
B.
Any person
found to be in violation of this article shall be ordered to immediately
cease the feeding or harboring of unconfined wild and/or stray animals,
removing all food, substances or devices placed on property in violation
of this article.
C.
Failure
to remove such food or other substances, attractants or devices after
notice from the appropriate Tinicum Township Official shall constitute
a separate violation of this article.
D.
It shall
be unlawful for any person to hinder, molest or interfere with anyone
authorized or empowered to perform any duty or responsibility under
this article.
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof, an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Civil Procedure,
shall be sentenced to pay a fine of not more than $300, plus costs
of prosecution. In default of payment thereof, the defendant may be
sentenced to imprisonment for a term not exceeding 10 days. Each day
or portion thereof that such violation continues or is permitted to
continue shall constitute a separate offense, and each section of
this article that is violated shall also constitute a separate offense.
