Borough of Lemoyne, PA Animals

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.

§ 146-2 Kinds of animals permitted.

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:

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).

Cats, except those excluded under § 146-3.

Dogs, domesticated.

Ferrets.

Frogs.

Gerbils.

Goldfish and carp.

Guinea pigs.

Hamsters.

Lizards.

Mice, white.

Rabbits.

Rats, white.

Salamanders and other tailed amphibians.

Snakes, nonpoisonous and nonconstricting.

Toads.

Tropical fish, except piranha.

Turtles.

§ 146-3 Prohibited animals.

No person shall maintain, keep or possess within the Borough of Lemoyne any of the following animals, which classifications shall be broadly construed:

All poisonous animals

Apes (chimpanzees, gibbons, gorillas, monkeys, orangutans, siamangs)

Baboon

Barracuda

Bear

Bison

Cheetah

Coatimundis

Coyote

Crocodilians

Deer or animals in the deer family, including but not limited to white-tailed deer, elk, antelopes, moose

Elephant

Fox

Hippopotamus

Hyena

Jaguar

Jaguarundis

Kinkajous

Leopard

Lion

Lynx

Margay

Ocelot

Ostrich

Otter

Piranha

Puma

Raccoon

Rhinoceros

Shark

Skunk

Snow Leopard

Tiger

Wolf

Animals commonly kept only as farm animals, including but not limited to cows, goats, horses, poultry, sheep and swine

All other animals not specifically enumerated in § 146-2

§ 146-4 Requirements and prohibitions.

An owner shall comply with the following regulations:

All animals and animal quarters shall be kept in a clean and sanitary condition. Adequate ventilation for the animal shall be provided.

An owner shall not cause or allow an animal to be teased, abused, mistreated, annoyed, tormented or made to suffer.

An owner shall not cause or permit odors attributable to any animal to be perceptible beyond his premises.

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.

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.

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.

§ 146-5 Animal waste.

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:

The owner or person controlling such animal shall immediately remove all feces deposited by the animal by any sanitary and reasonable manner.

The person owning or controlling said animal shall dispose of said feces in a sanitary manner.

§ 146-6 Inspections.

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.

§ 146-7 Violations and penalties.

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.

§ 146-8 Preservation of actions.

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.