[Ord. No. 1186, 5/11/2017[1]]
As used in this Part, singular words shall include the plural,
masculine words shall include the feminine and neuter, and the following
terms shall mean as follows:
A dog; cat; bird; fowl; poultry; fish; reptile; hare; rabbit;
mink; pet; members of the equine, bovine, ovine and porcine species;
and wild, exotic, domesticated, undomesticated, farm, barnyard, and
any other type of animal.
The Borough of Shillington, Berks County, Pennsylvania.
An animal typically domesticated by man so as to live and
breed in a tame condition, especially by generations of breeding to
live in close association with humans as a pet or work animal and
usually creating a dependency so that the animal loses its ability
to live in the wild.
An animal typically held, kept, or maintained by farmers
as a work animal or for raising, slaughtering, or some other farm
function other than a pet or domesticated animal.
When applied to the proprietorship of an animal, shall include
every person having a right of property in such animal; every person
who keeps or harbors such animal or has it in his care; every person
who permits such animal to remain on or about any premises occupied
by such person; and in the case of a minor, the parent or guardian
of any such minor owner.
An individual or entity of any kind including, but not limited
to, corporations; limited liability companies; partnerships; associations;
officers, employees, and members of all entities; and in the case
of a minor individual, the parent or guardian of any such minor individual.
Any police officer of the Shillington Police Department,
State Dog Wardens, state or Shillington Borough animal control officers,
and any other police officer authorized to enforce laws, ordinances,
statutes, rules, and regulations in the Borough of Shillington.
Any animal of a species prohibited by Title 50, Code of Federal
Regulations, or otherwise controlled by the Commonwealth of Pennsylvania
including, but not limited to, any animal that is wild, fierce, dangerous,
noxious, or naturally inclined to do harm. Wild animals, however domesticated,
also shall include (but not be limited to) the following:
Dog family (Canidea): All except domesticated dogs, including
(but not limited to) wolf, fox, coyote, dingo, wolf hybrids, etc.
Cat family (Felidea): All except commonly accepted domestic
cats, including (but not limited to) lions, pumas, panthers, mountain
lions, leopards, jaguars, ocelots, margays, tigers, wild cats, etc.
Bears (Ursidea): All bears, including (but not limited to) grizzly
bears, brown bears, black bears, etc.
Weasels (Mustelidea): All, including (but not limited to) weasels,
martens, mink, wolverine, badgers, otters, ermine, mongoose, etc.;
BUT excluding ferrets.
Raccoons (Procynniddae): All raccoons and civets.
Porcupine (Erethizontidae): All porcupines.
Skunks.
Snakes: All venomous and constricting snakes.
Venomous lizards.
Crocodillians: All alligators, caimans, crocodiles, gavials,
etc.
Venomous fish and piranha.
Venomous invertebrates.
[Ord. No. 1186, 5/11/2017]
1.
It shall be the duty of the owner, custodian, or keeper of any animal,
and the duty of the parent or guardian of any minor owner, custodian,
or keeper of any animal, to keep the animal securely tied or penned
in a yard or enclosure in such a manner that the animal cannot break
loose and run at large over the streets, alleys, sidewalks, or public
grounds in the Borough of Shillington, or upon the property of any
person other than the owner, custodian, or keeper of such animal.
It shall be unlawful for any owner, custodian, or keeper of any animal,
and the parent or guardian of any minor owner, custodian, or keeper
of any animal, to allow or permit such animal, whether due to failure
to adequately secure such animal or otherwise, to run at large upon
the public streets of the Borough, upon the private property of any
person, or upon property other than the property belonging to any
owner of such animal, or the person under whose supervision, control,
or custody such animal is being kept.
2.
It also shall be the duty of the owner, custodian, or keeper of any
animal, and the parent or guardian of any minor owner, custodian,
or keeper of any animal at all times while traveling on the streets,
alleys, or public grounds in the Borough, to have the animal on a
leash and to prevent the animal from entering upon the property of
any person without the consent of the owner of such property.
A.
Impounding of Animals Running at Large. The police are hereby authorized to impound any animal as set forth in § 2-102 of this Part. In the event such animal is licensed, the Police shall notify the owner of such animal as indicated by any such license. Custody and control of said animal shall be relinquished by the Police and transferred to the State Dog Warden, or any other person with similar powers to deal with stray or lost animals.
B.
Payment for Care of Animals in Addition to Fine. Any person owning or having supervision, control or custody over any animal that is running at large in violation of § 2-102 of this Part shall, in addition to the fine as hereinafter provided, be liable to the Borough of Shillington for any costs incurred while said animal is in the custody of the police.
[Ord. No. 1186, 5/11/2017]
1.
It shall be unlawful for any person to keep or harbor any animal
that habitually barks, howls, yelps, cries, or otherwise makes noise
in such a manner as to materially disturb or annoy any person in the
surrounding neighborhood, and such animal exhibiting the aforementioned
behavior is hereby declared to be a public nuisance.
A.
"Habitually" as used in this Part is hereby defined to include (but
not be limited to) for more than any 1/2 hour time period from 8:00
a.m. to 8:00 p.m.; or for more than 15 minutes after 8:00 p.m. or
before 8:00 a.m. on weekdays or after 8:00 p.m. or before 9:00 a.m.
on weekends and holidays, which periods occur on two or more consecutive
days or nights, or which occur three or more days or nights in any
seven-day period.
[Ord. No. 1186, 5/11/2017]
It shall be unlawful for the owner, handler, custodian, or keeper
of any animal (except for horses or mules lawfully traveling on public
roads or streets) to allow any such animal under such person's
control to defile or defecate on any sidewalk, walkway, roadway, street,
or property of another person. It shall be the duty of such owner,
handler, custodian, or keeper of any animal (except for horses or
mules lawfully traveling on public roads or streets) that defecates
on any sidewalk, walkway, roadway, street, or property of another
to promptly clean up and remove all feces discharged and to dispose
of such feces in a lawful and sanitary manner.
[Ord. No. 1186, 5/11/2017]
1.
Except as otherwise noted herein, no person shall keep any chicken,
fowl, sheep, cow, goat, pig, horse, steer, buffalo or any other farm
or barnyard animal that is not normally domesticated, at any place
within the Borough.
A.
Under the following conditions, it is hereby permissible for a person
to keep an American mini pig at any place within the Borough. It shall
be the duty of the owner, custodian, or keeper of any American mini
pig, and the parent or guardian of any minor owner, custodian, or
keeper of any American mini pig to comply with the following:
(1)
Limit of one American mini pig per residence or household.
(2)
Proof of neutering or spaying from a certified veterinarian
shall be provided to the Borough.
(3)
The American mini pig must primarily reside in the interior
of the residence.
(4)
No outdoor permanent, structural pens or holding facilities.
(5)
Any residence must have a fenced-in yard or space if the American
mini pig must go outside for temporary time frames.
(6)
The American mini pig shall be registered with the Borough and
proof of all the aforesaid conditions be provided prior to residing
within the Borough.
[Ord. No. 1186, 5/11/2017]
It shall be unlawful for any person to keep, maintain, own,
or have in such person's possession or control within the Borough
any vicious, dangerous, or carnivorous animal, or any wild animal
or exotic animal; provided, however, that any of the foregoing described
animals may be held, kept, or maintained by any police, zoological
park, veterinary hospital or clinic, humane society, circus, sideshow,
amusement show, or facility used for educational or scientific purposes,
but only provided that proper cages, fences, and other protective
devices adequate to prevent such animals from escaping or injuring
the public are utilized by such persons or entities.
[Ord. No. 1186, 5/11/2017]
In addition to and concurrent with any other prohibition in
this Part, it shall be unlawful for any person within the Borough
to keep more than five animals within the Borough, with the exception
that an excess of five animals shall be permitted for a period not
exceeding six months after the birth of newborn animals. For purposes
of this section, the term "animals" shall not include fish. The keeping
of more than five animals, however, shall be permitted under the following
circumstances. Animals kept or maintained on more than five acres
of ground, which ground is held under common ownership; animals held,
kept or maintained for the purpose of public auction; animals held,
kept, or maintained by a retail pet store for the purpose of retail
sales; or animals held, kept, or maintained in accordance with the
Borough's applicable zoning ordinance provisions.
[Ord. No. 1186, 5/11/2017]
It shall be unlawful for any person to abandon or attempt to
abandon any animal within the Borough.
[Ord. No. 1186, 5/11/2017]
Except as otherwise protected or permitted pursuant to Pennsylvania's
Right to Farm Law, 3 P.S. § 951 et seq., or other applicable
law, it shall be unlawful for any person to hold, keep, or maintain
any animal in any fashion that odor or infestation from or caused
by such animal can be detected outside the property on which such
animal is held, kept, or maintained. Any person violating this section
shall only be warned for the first violation, but may be prosecuted
for a second or any subsequent violation.
[Ord. No. 1186, 5/11/2017]
1.
Method of Serving Notice. Prior to the issuance of a citation for
a violation of this Part, it shall be necessary to serve written notice
upon the animal owner in one of the following ways:
A.
By mailing a copy of the notice to the animal owner by certified
mail, return receipt requested.
B.
By personal delivery of the notice to the animal owner. The owner
shall sign a copy of the notice to be retained by the Borough.
C.
By handing a copy of the notice at the residence of the animal owner
to an adult member of the family with which the owner resides; but
if no adult member of the family is found, then to an adult person
in charge of such residence. Said adult shall sign a copy of the notice
to be retained by the Borough.
2.
Content of Notice. The notice shall set forth:
A.
The name and address of the animal owner, if known.
B.
The nature and extent of the violation of the offense.
C.
The period of time over which the nuisance has occurred.
D.
The identity of the person giving notice.
E.
The date and time of sending the notice.
F.
A statement to the effect that a complaint may be filed with the
District Justice if the nuisance is not abated within 24 hours of
the time the notice is given the animal owner.
3.
Duration of Notice. Any notice given pursuant to this section shall
be valid for a period of six months; within six months, no additional
notice need be given to a complaint being filed with a District Justice.
[Ord. No. 1186, 5/11/2017]
The police shall be charged with the responsibility to enforce
the provisions of this Part, and shall perform all other duties that
may be prescribed by the Borough Council with respect to this Part.
Any violators of this Part may be prosecuted before any Magisterial
District Justice or any other court of competent jurisdiction. In
addition to and concurrent with any and all other enforcement remedies
in this Part or otherwise, the Borough may bring civil actions at
law, equity, or otherwise to enforce this part, in which case the
violator of this Part shall pay all attorney fees, costs, and expenses
incurred by said Borough to enforce this Part.
[Ord. No. 1186, 5/11/2017]
Any person who shall violate any provision of this Part, upon
conviction thereof, shall be sentenced to pay a fine of not more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. Each day that a violation
of this Part continues shall constitute a separate offense.
[Ord. No. 1186, 5/11/2017]
In addition to any other remedies provided in this Part, any
violations of the provisions of this Part shall constitute a nuisance,
and may be ceased and abated by the Borough by seeking equitable or
other relief from a Court of competent jurisdiction.
[Ord. No. 1186, 5/11/2017]
The provisions of this Part shall not apply to certified service
dogs.
