[HISTORY: Adopted by the Borough Council of Montgomery Borough
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 475.
[Adopted 6-5-1984 by Ord.
No. 1984-5 (Ch. II, Part 2, of the 1996 Code of
Ordinances)]
No person, firm or corporation shall keep any hog, cattle, goat
or sheep, or any kind of bees at any place within the Borough of Montgomery.
No person, firm or corporation shall keep any horse or horses
at any place within the Borough except with special permission from
the Board of Health and Borough Council. Such permission may be granted
only on the following conditions:
A.
The place where such horse or horses is proposed to be kept shall
be so located and the stable to be provided is such that no nuisance,
health, or otherwise shall result therefrom.
B.
No stable shall be located within 100 feet of any dwelling or street.
C.
Every stable shall be kept in a sanitary condition and free from
unpleasant odors and conditions contributing to the breeding of flies.
D.
Manure and filth shall not be permitted to accumulate to the annoyance
of any resident of the vicinity or person traveling thereby.
E.
Request for permission under this section shall be made in writing
and accompanied with a map of the property indicating the location
of the stable. Should a fence be required, all applicable zoning laws
relating to necessary buildings and fences must be followed.
F.
Any permission granted by the Board of Health and Borough Council under this section may be revoked thereby at any time when any of the conditions of this section are not complied with. Failure to remove said horse or horses as a result of the revoking of the permit shall result in the penalty as outlined in § 114-4 of this article.
No person, firm or corporation shall keep any chickens or other
fowls at any place within the Borough of Montgomery except with special
permission of the Board of Health and Borough Council. Such permission
shall be granted only upon the following conditions:
A.
Such chickens or other fowls shall be kept in good condition, health,
clean and free from disease.
B.
Pens or coops shall be provided for all chickens or other fowls,
and no chickens or other fowls shall be kept in any cellar or part
thereof or shall be permitted to run at large.
C.
No pen or coop shall be located within 100 feet of any dwelling or
street. All applicable zoning laws regulating accessory buildings
and fencing must be adhered to.
D.
All pens and coops shall be kept clean and free from vermin, and
shall be dry, airy, light, well lighted, and not overcrowded.
E.
All refuse food and excrement shall be removed as often as necessary
to prevent odors from developing therefrom.
F.
Request for permission under this section shall be made in writing
and accompanied with a map of the property indicating the location
of the pen or coop.
G.
Any permission granted by the Board of Health and Borough Council
under this section may stipulate the number of chickens or other fowls
that may be kept upon any premises.
H.
Any permission granted by the Board of Health and Borough Council under this section may be revoked thereby at any time when any of the conditions of this section are not complied with. Failure to remove said chickens or other fowls as a result of the revoking of the permit shall result in the penalty as outlined in § 114-4 of this article.
[Amended 12-12-1995 by Ord. No. 1995-21]
Any person, firm, or corporation who or which violates any provision
of this article shall be guilty of an offense; and for every such
violation, upon conviction thereof, shall be sentenced to pay a fine
of not less than $25 nor more than $1,000 and costs of prosecution;
and, in default of payment of fine and costs, to undergo imprisonment
for not more than 30 days. Provided: each day on which any violation
takes place shall constitute a separate offense.
[Adopted 7-8-1986 by Ord.
No. 1986-1 (Ch. II, Part 1, of the 1996 Code of
Ordinances)]
The following words and phrases, when used in this article,
shall have the meaning subscribed to them in this section, except
where the context indicates or requires a different meaning:
Any person, who or which owns, possesses, maintains, houses
or keeps any animal or animals within the Borough of Montgomery whether
for compensation or otherwise.
To suffer, allow, consent, let; to give, leave or license;
to acquiesce by failure to prevent, or to expressly accept or agree
to the doing of any act.
A natural person, partnership, corporation, fiduciary or
association. Whenever used in any section prescribing and imposing
a penalty, the term "person" as applied to any partnership, association
or other entity, shall also mean the partners or members thereof,
and as applied to corporation, the officers thereof.
It shall be unlawful for an animal owner to permit such animal
to run at large in the Borough of Montgomery, except upon the property
of the owner of such animal. While the animal is not upon the property
of the owner, the animal must be kept on a leash. This includes, but
is not limited to, public property, streets, sidewalks, and highways
within the Borough of Montgomery.
It shall be unlawful for any person to keep any dogs, cats,
or other animals which, by frequent howling, baying, yelping, and
screeching shall disturb or deprive the peace, quiet, rest or sleep
of the neighborhood or constitute a health hazard to the citizens
of the Borough of Montgomery.
It shall be unlawful for an animal owner to permit an animal
to defecate or urinate on any public or private sidewalk or walkway
or the property of another. Nor shall any owner permit said animal
to injure or destroy the property, real or personal, of another. Should
any such animal defecate upon public or private property of another,
the owner shall immediately remove such waste to a proper receptacle.
The Police Department of the Borough of Montgomery shall, upon
receiving a complaint or information (excluding anonymous complaints
or information) that an animal owner is permitting an animal to do
any of the acts prohibited by this article, investigate the complaint
or information; and, upon finding of probable cause to believe that
the animal owner is in violation of this article, issue or cause to
be issued to such animal owner a written warning which shall notify
such owner of the violation and that his or her animal shall be so
controlled as to prevent future violations of this article.
The Police Department shall maintain a record of all warnings served pursuant to § 114-9 of this article; and, upon receiving a second complaint or information (excluding anonymous complaints or information) alleging a violation of this article, investigate the alleged violation. Upon a finding of probable cause to believe the animal owner has again violated this article, then, in that event, the Police Department shall initiate summary proceedings against such owner in accordance with the Pennsylvania Rules of Criminal Procedure.
[Amended 12-12-1995 by Ord. No. 1995-21]
Any person who violates any provision of this article shall
be guilty of an offense; and for every such violation, upon conviction
thereof, shall be sentenced to pay a fine of not less than $25 or
more than $1,000, and costs of prosecution; and, in default of payment
of fine and costs, to undergo imprisonment for not more than 30 days.
Provided: each day's violation of any provision of this article
shall constitute a separate offense.
