[Ord. No. 2009-001, 11/9/2009]
1. Defining Wild, Exotic or Farm Animals. No person shall board, breed,
house, keep or maintain any wild animal which is prohibited or protected
by Title 50, Code of Federal Regulations, or otherwise controlled
or prohibited by the Commonwealth of Pennsylvania. No person shall
board, breed, house, keep or maintain any animal which is wild, dangerous,
noxious or naturally inclined to do harm in any place, nor any animal
usually kept as a farm animal or livestock in the Borough of Wesleyville.
For the purposes of this Part, "animal" shall include but not be limited
to the following:
A. All members of the dog (Canidae) family except commonly accepted
domesticated dogs.
B. All members of the cat (Felidae) family except commonly accepted
domestic cats.
C. All members of the bear (Ursidae) family; weasel (Mustelidae) family,
including weasels, martens, minks, wolverines, badgers, otters, ermine,
etc.; nonhuman primates; porcupine (Erithizontidae) family; raccoon
(Procyonidae) family; skunks, mongoose and all other mammalian species
not commonly accepted as domestic animals.
E. All venomous snakes, including but not limited to all members of
the families Viperidae (vipers and pit vipers), Elapidae (cobras),
Hydrophidae (sea snakes), venomous Colubridae (boomslang, twig snake
and keelback snake genus); all members of the order Crocodilia, including
alligators, crocodiles, caimans and gavials; venomous fish other than
those commonly kept in small aquariums and posing no significant hazard
to humans or domestic animals; and piranha, sharks, barracuda and
other predatory fish other than common small aquarium species posing
no significant hazard to humans or domestic animals. All reptilian
species not prohibited as pets or specimens must be contained within
habitats designed to prevent escape; shall be transported in escape-proof
containers; shall not be handled openly in public places unless the
handler is conducting an educational meeting or is demonstrating a
reptile for sale within a commercial animal establishment; and shall
not be released or abandoned except for native reptiles which may
be released at their local point of capture, or wild reptiles which
have wandered near human habitation and may be relocated to a nearby
natural habitat. Any captive reptile secured by or forfeited to the
Borough shall be released to a zoo, humane society or reptile rescue
organization, or euthanized at the discretion of Borough officials.
F. Cattle, horses, swine (excluding potbellied pigs), sheep, goats,
fowl and all other animals usually kept as farm animals or livestock
for the production of food, clothing, other products or agricultural
labor.
2. Exceptions. The provisions of this Part shall not apply to:
A. A bona fide publicly or privately owned zoological park or educational
institution incorporated or authorized to do business in Pennsylvania,
such as a humane society or animal park; a veterinary hospital, clinic
or office; a bona fide research institution using animals for scientific
research; or a circus, sideshow, amusement show or facility, or horse
racing track.
B. Enforcement Costs and Penalty. In the event any person is found to
be boarding, breeding, housing, keeping or maintaining any animal
in violation of this Part, such animal shall be seized by the Code
Enforcement Officer, any police officer, firefighter or any other
person authorized by Borough Council and placed immediately in a zoological
park or humane society. Additionally, the person or persons found
in violation shall be obligated to reimburse the Borough all monies
expended by the Borough in seizing such animal or animals and placing
or disposing of such animal or animals. The violation of this section
is a summary offense, and is subject to the fines and imprisonment
set forth at the end of this Part.