[Adopted 9-12-2019 by Ord. No. 995]
For purposes of this article, the following words and terms
shall be deemed to mean and be construed as follows:
Any and all types of animals, both domesticated and wild,
male and female, singular and plural, provided that nothing herein
shall apply to dogs, cats, fish, or other animals commonly considered
domestic pets if they are principally sheltered and kept inside a
human dwelling unit.
Any animal that is commonly kept as a pet or for companionship,
and includes, but is not limited to: domestic dogs, service dogs,
domestic cats, or other animals commonly considered domestic pets
if they are principally sheltered and kept inside a human dwelling
unit.
To undertake any exhibition, act, circus, ride, trade show,
carnival, parade, race, photographic opportunity, performance, or
similar undertaking in which animals are required to perform tricks,
fight, or participate as accompaniments in performances for the entertainment,
amusement or benefit of an audience.
Teaching and instructing, for educational or conservation
purposes, about that animal's natural behavior, habitat, life
cycle, or similar pedagogical information, conducted by an individual
qualified to impart such information, which does not include any performance
of behavior that does not naturally occur for that animal in the wild
state.
Fowl, bovine, swine, goats, sheep, mules, horses, ponies,
donkeys.
Any individual, firm, corporation or other business entity.
Any or all of the following orders and families, or similar
orders and families, whether bred in the wild or in captivity, and
any hybrid. The term does not include companion animals or livestock.
The animals listed in parentheses are intended as examples and are
not to be construed as an exhaustive list or as limiting the generality
of each group of animals listed, unless otherwise specified:
Artiodactyla (includes hippopotamuses, giraffes, camels, but
excluding cattle, swine, sheep or goats).
Canidae (excluding domestic dogs).
Cetecea (whales, dolphins, porpoises).
Crocodilia (alligators, crocodiles).
Edentata (anteaters, sloths, armadillos).
Felidae (excluding domestic cats).
Hyaenidae.
Marsupialia (kangaroos, opossums).
Mustelidae (skunks, weasels, otters, badgers).
Nonhuman primates (chimpanzees, monkeys).
Perissodactyla (rhinoceroses, tapirs, zebras, but excluding
horses or donkeys or mules).
Pinnipedia (seals, sea lions, walruses).
Proboscidae (elephants).
Procynonidae (raccoons, coatis).
Reptilia over eight feet in length and snakes and reptiles of
venomous variety.
Spheniscidae (penguins).
Ursidae (bears).
Viverridae (mongooses, civets, and genets).
An organization described in §§ 170(b)(1)(A)(vi)
and 501(c)(3) of the Internal Revenue Code 1986 that does not:
Engage in commercial trade in any exotic or wild animal, including
the sale of any animal, animal part or derivative, offspring, photographic
opportunities, or public events for financial profit or any other
entertainment purpose;
Breed any exotic or wild animal;
Permit unescorted public visitation;
Permit direct contact between the public and any exotic or wild
animal; or
Remove any exotic or wild animal from a sanctuary or enclosure
for exhibition or performance.
It shall be unlawful for any person to cause or permit the display
of any wild or exotic animal on any public or private property within
the corporate boundaries of Whitemarsh Township.
The following are exempt from the provisions of this article.
A.
The display of animals at a nonmobile, permanent accredited institution,
facility, zoo, or aquarium, and educational activities conducted by
such facilities.
B.
Accredited wildlife sanctuaries.
C.
Veterinarians in the ordinary course of a veterinarian's practice
of business.
D.
University, college, laboratory, or research facilities registered
by the United States Secretary of Agriculture.
The provisions of this article shall be enforced by the Police
Department and the Code Enforcement Officer of Whitemarsh Township
in the exercise of their ordinary law enforcement duties, with the
support of other agencies as appropriate.
Any person or other entity whatsoever violating any of the provisions
of this article shall, upon conviction by a Magisterial District Judge,
be sentenced to pay a fine not to exceed $1,000, plus court costs
and the Township's actual attorneys' fees, and, in default
of payment of such fine, costs, and fees, to imprisonment for a term
not exceeding 30 days. Each day that a violation of this article continues
shall constitute a separate offense.
