This article may be cited as the "Derry Township Animal Ordinance."
The purpose of this article is to provide regulations relating to the keeping of animals on certain premises within the Township, the running at large of animals and in relation to the prohibition of certain specified animals within the Township of Derry that are wild or exotic or the keeping of farm or barnyard animals unless permitted by applicable provisions of the Township Zoning Ordinance, Chapter
215, Zoning, of the Code of Ordinances of the Township of Derry. It is found that the keeping of certain specified animals within the Township, unless otherwise permitted, the running "at large" of animals and the keeping of permitted animal(s) in such a manner to permit the animal(s) to habitually trespass upon or damage either private or public property or that causes obstruction or injury to the rights of another or that produces a material annoyance, inconvenience, discomfort or hurt to another or the real or personal property of another, or the keeping of specified permitted animals in an unhealthy and malodorous place or environment is detrimental to the health and the general welfare of the animals and the neighbors and objectively detrimental to the health, safety, general welfare, cleanliness and beauty, convenience, comfort and safety of the Township and its residents.
This article is adopted pursuant to the provisions of the Second
Class Township Code, § 101 et seq., as amended (53 P.S.
§ 65101 et seq., as amended), the power to prohibit nuisances
as per § 1529, Nuisances, as amended (53 P.S. § 66529,
as amended), and the general powers of the Township to make or adopt
ordinances necessary for the proper management, care and control of
the Township and the maintenance of peace, good government, health
and welfare of the Township and of its citizens per Section 1506 of
the Second Class Township Code, as amended, (53 P.S . § 66506,
as amended) and otherwise per law.
The following terms shall have the meaning set forth hereinafter
for purposes of this article:
ANIMAL
When applied, it is to be construed in a broad sense to include
all species of living organisms, not including plant organisms and
humans, and including, but not necessarily limited to mammals, birds,
fish, reptiles and amphibians, be it a dog, cat, bird, fowl, poultry,
horse, cow, sheep, goat or pig, be it wild, exotic, domesticated,
undomesticated, farm or barnyard animal.
DOMESTICATED ANIMAL
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.
FARM OR BARNYARD ANIMAL
An animal typically held, kept, or maintained by farmers
or others as a work animal or for raising, slaughtering, or some other
farm function other than as a pet or domesticated animal. [For example,
farm or barnyard animals, include, but are not limited to, cows, sheep,
goats, swine or pigs (including "pot bellied pigs"), emus, peacocks,
ducks, geese and chickens and the like.]
NUISANCE
The unreasonable, unwarrantable or unlawful use by a person
of his own property, whether real or personal, or by his/ her/its
personal conduct, which is an obstruction or injury to the rights
of others or of the public and which produces material annoyance,
inconvenience, discomfort, or hurt to others.
CODE ENFORCEMENT OFFICER
The person or persons selected by Township Supervisors to
enforce the various ordinances adopted by the Township.
OWNER
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/her/its 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.
PERSON
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.
POLICE
Any police officer of the Mifflin County Regional Police
Department, or successor Department, a police officer of any other
Police Department with whom the Township of Derry has contracted to
enforce the laws of the Commonwealth of Pennsylvania and/or Township
Ordinances within the Township, the Pennsylvania State Police or such
other police officer with authority to enforce the Ordinances of the
Township of Derry, state dog wardens, state or Mifflin County animal
control officers, and any other police officer authorized to enforce
laws, ordinances, statutes, rules, and regulations in the Township
of Derry.
TOWNSHIP
The Township of Derry, Mifflin County, Pennsylvania.
WILD ANIMAL, EXOTIC ANIMAL, or WILD OR EXOTIC ANIMAL
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 and/or is fierce,
dangerous, noxious, or naturally inclined to do harm. Wild animals,
however domesticated, also shall include (but not be limited to) the
following:
A.
Dog family: all except domesticated dogs, including (but not
limited to) wolf, fox, coyote, dingo, wolf hybrids, etc.
B.
Cat family: all except commonly accepted domestic cats, including,
but not limited to, lions, pumas, panthers, mountain lions, leopards,
bobcats, tigers, lynx and the like, and to include commonly accepted
wild cats.
G.
All venomous and constricting snakes.
I.
All alligators, caimans, crocodiles, and the like.
J.
All venomous fish and piranha.
K.
All venomous invertebrates.
N.
Weasels. All, including (but not limited to) weasels, martens,
mink, wolverine, badgers, otters, ermine mongoose, etc. but excluding
ferrets.
Except as may otherwise be permitted by applicable provisions
of the Township Zoning Ordinance, as amended, it shall be unlawful
and no person shall keep any chicken, fowl, sheep, cow, goat, or any
other farm or barnyard animal, as defined hereinabove, at or on any
premises, place or property within the boundaries of the Township.
Except as may otherwise be permitted by applicable provisions
of the Township Zoning Ordinance, as amended, it shall be unlawful
and no person shall keep any wild or exotic animal as defined hereinabove,
at or on any premises, place or property within the boundaries of
the Township.
In addition to any other prohibition or restriction set forth
in this article, it shall be unlawful for any person within the Township
to keep on his/her or its property such a number of animals that due
to the number of animals, together with the inability or failure of
the owner, custodian, or keeper of such animals, and/or the parent
or guardian of any minor owner, custodian, or keeper of such animals,
to properly keep, care for and maintain the same, conditions are then
created and existing that affect the health and welfare of the neighbors
and the public. In such case, a nuisance, as defined in this article,
is created which materially and unlawfully damages and affects and
harms his/her/its neighbors and the public.
It shall be unlawful for any person to abandon or attempt to
abandon any animal within the Township of Derry.
Except as otherwise protected or permitted pursuant to Pennsylvania's
"Right to Farm Act", 3 P.S. § 951 et seq., as amended, or
other applicable law or regulation, it shall be unlawful and a nuisance
for any person to hold, keep, or maintain any animal in any fashion
that odor or insect infestation from or caused by such animal can
be detected outside the property boundary on which such animal is
held, kept, or maintained. Any person violating this section shall
initially be given a written warning to correct the condition within
such time as reasonably determined to be necessary by the police or
Codes Enforcement Officer, as applicable, based on the conditions
then existing on the property. Thereafter, if the condition is not
corrected, the person may be prosecuted for a second or any subsequent
violation.
It is found by the Township of Derry that a violation of any
of the provisions of this article constitutes a public nuisance.
It is the intent of this article that for a violation hereof
to constitute a public nuisance, there must be a nuisance in fact.
This article shall not be interpreted and enforced in such a
way that it would unreasonably interfere with any agricultural operation
to the extent prohibited by the applicable law of the Commonwealth
of Pennsylvania.
In addition to the fines and penalties set forth in this article,
the Township of Derry shall be entitled to the assessment of court
costs incurred in enforcing this article. The said court costs shall
be added to any fines and penalties set forth in this article.