[Adopted 2-1-1990 by Ord.
No. 589 (Ch. 2, Part 1, of the 1984 Code of Ordinances)]
The following definitions shall apply in the interpretation
and enforcement of this article:
ANIMAL
To be construed in a broad sense to include all species of
living organisms not including plant organisms nor Homo sapiens, and
including but not necessarily limited to mammals, birds, fish, reptiles,
amphibians and insects.
CONTINUOUSLY
Without interruption, or intermittently with interruptions
equal to or less than five minutes.
OWNER
Any person holding title (whether or not by bill of sale
or other indicia of ownership) of an animal, or a person possessing,
harboring or taking care of an animal.
PERSON
Any individual, partnership, association, corporation, estate
or trust, as well as any officer, agent, servant, employee or other
acting for any of the same.
PREMISES
Any property owned or occupied by an animal owner in which
an animal is maintained, kept or cared for.
[Amended 7-20-2023 by Ord. No. 780]
Any person is permitted to maintain, keep or possess within
the Borough of Lemoyne, any of the following animals, which classification
shall be strictly construed:
A. Cage birds (the term includes parakeets, parrots, canaries, finches,
love birds, myna birds and other birds ordinarily sold in pet stores
and kept in cages in households; it excludes wild birds captured or
rescued and kept in cages).
C. Chickens, subject to the terms and conditions of Article
II of this chapter.
O. Salamanders and other tailed amphibians.
P. Snakes, nonpoisonous and nonconstricting.
R. Tropical fish, except piranha.
[Amended 7-20-2023 by Ord. No. 780]
A. No person shall maintain, keep or possess within the Borough of Lemoyne any animal not specifically enumerated in §
146-2.
B. Animals commonly kept only as farm animals, including but not limited
to cows, goats, horses, poultry, sheep and swine are permitted only
in zoning districts allowing agricultural uses.
An owner shall comply with the following regulations:
A. All animals and animal quarters shall be kept in a clean and sanitary
condition. Adequate ventilation for the animal shall be provided.
B. An owner shall not cause or allow an animal to be teased, abused,
mistreated, annoyed, tormented or made to suffer.
C. An owner shall not cause or permit odors attributable to any animal
to be perceptible beyond his premises.
D. An owner shall provide adequate provision and safeguards to control
the animal to the extent that the animal does not cause injury to
other property or another person. A showing that the animal was not
under the control of the owner while said animal damages another's
property or causes injury to another person shall be prima facie a
violation of this provision by the owner.
E. Every person shall conform to all present and future laws of the
Commonwealth of Pennsylvania and the United States of America and
other ordinances of the Borough of Lemoyne in any way connected with
animals, specifically but not exclusively including anticruelty laws.
F. An owner shall not permit the animal to continuously bark, whine
or howl to the extent that is perceptible beyond the owner's property
for a period of more than 15 minutes between the hours of 10:00 p.m.
and 7:00 a.m., prevailing time, or a period of 30 minutes at other
times.
No owner shall cause, suffer or allow the animal to soil, defecate
or urinate 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.
This restriction shall not apply to that portion of the street lying
between the curblines in any common thoroughfare, passageway or alley,
which shall be used to curb such animal under the following conditions:
A. The owner or person controlling such animal shall immediately remove
all feces deposited by the animal by any sanitary and reasonable manner.
B. The person owning or controlling said animal shall dispose of said
feces in a sanitary manner.
The police officers of the Borough of Lemoyne and officers who
may enforce building codes in the Borough of Lemoyne are hereby authorized
to enter upon any premises within the Borough for the purpose of investigating
a possible violation of this article.
Any person who violates any provision of this article shall be liable for each offense, upon conviction, to a fine of not less than $25 nor more than $1,000, together with the costs of prosecution, or to imprisonment in the county jail for a period not to exceed 30 days, or both. Each day's failure to comply with any section or subsection of this article shall constitute a separate violation. Violation, enforcement and conviction of one provision of this article does not preclude violation, enforcement and conviction of another provision, except that no owner may be prosecuted twice for a single incident causing discrete damage to property under Subsection
D of §
146-4.
In addition to other penalties provided in this article, the
Borough of Lemoyne 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 chapter.
[Adopted 7-20-2023 by Ord. No. 780]
The following words and phrases when used in this article shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
CHICKEN
Female poultry of the gallus domesticus species, sometimes
referred to as hens.
CODE ENFORCEMENT OFFICER
An official designated to process permit applications, inspect
locations to ensure compliance with this article, issue citations
to violators, and enforce penalties for violations of this article
on behalf of the Borough of Lemoyne.
COOP
An enclosed structure, either portable or permanent, to shelter
chickens.
PEN
A fenced area sometimes called a run, that is designed to
contain animals to a restricted area and prevent animals from roaming
at large.
PERMITTEE
The person to whom a permit under this article is issued.
PROPERTY
The premises for which a permit is being requested under
this article.
PROPERTY OWNER
The person who owns the land where the keeping is being performed
and for which the permit is being requested. This person bears responsibility
for any legal action in this article.
RECEIPT OF NOTICE
The typical time for a letter to arrive by mail. For this
article the typical time is three days of mail delivery from the day
the letter was mailed. Notice in person is receipt of notice.
VETERINARIAN
A veterinarian who cares for the specific animal type.
WASTE MATERIAL
The natural waste produced by keeping activity, which may
include feces, soiled hay or bedding. It does not include the carcass
of any animal.