[Adopted 9-20-2018 by Ord. No. 1346]
As used in this article, singular words shall include the plural, masculine words shall include the feminine and neuter, and the following terms shall mean as follows:
ANIMAL
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, barn yard, and any other type of animal.
ANIMAL SHELTER
The center for animal health and welfare: the Clearfield County SPCA.
AT LARGE
Off the premises of the owner and not under the control of the owner, a member of his/her immediate family, or another person authorized to be in control of, either by leash, cord, chain or otherwise.
BOROUGH
The Borough of Clearfield, Clearfield County, Pennsylvania.
CHICKEN
A member of the subspecies Gallus gallus domesticus, a domesticated fowl. This definition shall not be construed to include any species of turkey, duck, guinea fowl, goose or other fowl.
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.
EXOTIC ANIMAL
Any animal not identified in the definition of "animal" provided in this article that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad. This term specifically includes animals, such as, but not limited to, lions, tigers, leopards, elephants, camels, antelope, anteaters, kangaroos, and water buffalo, and species of foreign domestic cattle, such as ankole, gayal, and yak.
FARM OR BARN YARD ANIMAL
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.
FEATHERED FOWL
Landfowl, fowl, gallifornes, waterfowl.
FOWL
A. 
A gallinaceous bird kept chiefly for its eggs and flesh; a domestic cock or hen.
B. 
Any other domesticated bird kept for its eggs or flesh, e.g., the turkey, duck, goose, and guineafowl.
C. 
The flesh of birds, especially of the domestic cock or hen, as food; poultry.
GALLIFORMES
An order of heavy-bodied ground-feeding birds that includes turkey, grouse, chicken, new world quail and old world quail, ptarmigan, partridge, pheasant, junglefowl and the cracidae. Common names are gamefowl or gamebirds, landfowl, gallinaceous birds, or galliforms.
OFFICER
Any police officer, duly appointed Animal Control Officer, Borough Code Enforcement Officer, and/or his/her designee.
OWNER
Includes every person, firm or corporation having a right of property in any animal which is kept or harbored within the Borough, as well as every person, firm or corporation occupying any premises within the Borough which permits an animal or animals to remain on or about its premises.
PERMITTED TRACT OF LAND
The tract of land as identified by the application upon which is granted for keeping chickens pursuant to this article.
PERMITTEE
An applicant who has been granted a permit to raise, harbor or keep chickens pursuant to this article.
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.
SINGLE-FAMILY DWELLING
Any building that contains only one dwelling unit used or intended to be occupied for living purposes by one family consistent with the Borough of Clearfield Zoning Ordinance.
TRACK OF LAND
A property or a zoned lot that has one single-family dwelling located on that property or zoned lot.
URBAN CHICKEN
A chicken kept on a permitted tract of land pursuant to a permit issued under this article.
WATERFOWL
Are birds that swim in water, especially ducks, geese, and swans.
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, 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 (Canidea): All except domesticated dogs, including (but not limited to) wolf, fox, coyote, dingo, wolf hybrids, etc.
B. 
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.
C. 
Bears (Ursidea): All bears, including (but not limited to) grizzly bears, brown bears, black bears, etc.
D. 
Weasels (Mustelidea): All, including (but not limited to) weasels, martens, mink, wolverine, badgers, otters, ermine, mongoose, etc.; but excluding ferrets.
E. 
Raccoons (Procynniddae): All raccoons and civets.
F. 
Porcupine (Erethizontidae) — All porcupines.
G. 
Skunks.
H. 
Venomous lizards.
I. 
Crocodillians: All alligators, caimans, crocodiles, gavials, etc.
J. 
Venomous fish and piranha.
K. 
Venomous invertebrates.
A. 
This article is enacted to regulate the maintenance, keeping or possession of animals within the Clearfield Borough in order to promote the health, safety and general welfare of its inhabitants.
B. 
Where the provisions of this article impose greater restrictions than those of any other statute, ordinance, regulation or resolution, the provisions of this article shall be controlling.
C. 
Borough Council makes the following legislative findings:
(1) 
Public nuisances and conditions detrimental to the public health, safety and welfare have been created by the keeping of multiple animals on premises within the Borough;
(2) 
The public nuisances and conditions detrimental to the public health, safety and welfare include, but are not limited to, accumulations of animal wastes, spread of infectious or contagious diseases or the danger thereof, insect infestation, smell and noise;
(3) 
Limiting the number of animals on premises within the Borough will alleviate or, at a minimum, help alleviate these public nuisances and conditions; and
(4) 
The keeping of certain animals within the confines of the Borough in and of itself poses a special threat to the public health, safety and welfare of the Borough's residents, and should be entirely prohibited.
A. 
It shall be the duty of the owner, custodian, or keeper of any animals 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 Clearfield, 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 another property owner, or upon property other than the property belonging to any owner of such animal, or under whose supervision, control, or custody such animal is being kept.
B. 
It also shall be the duty of the owner, custodian, or keeper of any animal, and the parent or guardian of any minor owner, 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 not greater than six feet in length, and to prevent the animal from entering upon the property of any person without the consent of the owner of such property.
(1) 
Animals running at large. The police officers of Clearfield Borough, Animal Control Officer and Bureau of Dog Law Enforcement are hereby authorized to seize any animal as set forth in § 213-11 of this article. In the event such animal is licensed, either the police, Animal Control Officer, Bureau of Dog Law Enforcement along with the local SPCA shall notify the owner of such animal as indicated by any such license. If any such animal is not claimed by its owner, custody and control of said animal shall be relinquished by the police and transferred to the local SPCA, or any other person with similar powers to deal with stray or lost animals.
(2) 
Powers and duties. The Animal Control Officer, Code Enforcement Officer, and/or his or her designee, police officers of the Borough of Clearfield and the Bureau of Dog Law Enforcement are authorized to enter upon any premises in the Borough of Clearfield for the purpose of investigating a possible violation of this article. If access is denied by the property owner, the Animal Control Officer, Code Enforcement Officer, police officers of the Borough of Clearfield and the Bureau of Dog Law Enforcement are authorized to submit an application for a search warrant to the appropriate judicial authority.
(3) 
Dog bites. Enforced by the Bureau of Dog Law Enforcement.
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 article, is hereby defined to include (but not be limited to) for more than any one-half-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.
B. 
Whenever any person shall complain to the police, Code Enforcement Officer, and/or his or her designee, or Animal Control Officer that an animal habitually barks, howls, yelps, cries, or otherwise makes disturbing noise in the Borough, those enforcement entities shall:
(1) 
Notify the owner, handler, custodian, or keeper of such animal that a complaint has been received and that such person shall take necessary action to alleviate (in a humane manner) the barking, howling, yelping, or crying of such animal,
(2) 
If the warning given as described above to the person alleged to be keeping any such animal is ineffective, then a sworn complaint of at least two persons not from the same family may be presented to the police, Code Enforcement, or Animal Control Officer alleging that the animal that habitually barks, howls, yelps, or cries is being kept by the person first complained about. If said complaint is found to be true, the enforcement entities shall inform the owner, handler, custodian, or keeper of said animal that said complaint has been received and shall prosecute that person for a violation of this article according to § 213-21.
(3) 
A violation of this section shall be deemed to have occurred after delivery of the first warning and upon a second or subsequent violation.
It shall be unlawful for the owner, handler, custodian, or keeper of any animal 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 or the owner's property. It shall be the duty of such owner, handler, custodian, or keeper of any animal that defecates on any sidewalk, walkway, roadway, street, or property of another or the owner's property to promptly clean up and remove all feces discharged and to dispose of such feces in a lawful and sanitary manner.
No person shall keep any guinea fowl, sheep, cow, goat, horse, or any other farm or barnyard animal that is normally domesticated at any place within the Borough.
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, side show, amusement show, or facility used for educational or scientific purposes, but only provided that such persons utilize 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.
A. 
In addition to and concurrent with any other prohibition in this article, it shall be unlawful for any person within the Borough to keep more than six animals within the Borough. For purposes of this section, one aquarium would count as one pet. The keeping of more than six 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.
B. 
Upon the date this article becomes legally enacted, any residence or owner of more than six animals shall not be permitted to replace these animals after the animal becomes deceased, gifted away or sold, in order to reach the maximum allowable number of six animals.
It shall be unlawful for any person to abandon or attempt to abandon any animal within the Borough.
Except as otherwise or other applicable law, it shall be unlawful 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 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.
A. 
No person shall own, keep or harbor within the Borough of Clearfield any dog three months or older unless such dog is licensed by the County of Clearfield and unless such dog wears a license tag or implanted identification chip.
B. 
This provision is not intended to apply to dogs brought into the Borough for breeding, trial or show purposes, or to any certified special dog properly trained to assist physically impaired persons when such dog is actually used by a physically impaired person for the purpose of aiding him/her in going from place to place, working assist dogs or police canines.
All snakes shall require permitting by the Clearfield Borough Code Department and shall set forth the following:
A. 
The type and number of snakes.
B. 
The purpose of keeping such snakes.
C. 
A description of the quarters in which the snakes will be kept.
D. 
The circumstances, if any, under which the snakes will be removed from their quarters.
E. 
All snakes shall be required to be contained in an approved aquarium with a hinged lid that contains a locking devise to secure the lid.
F. 
The ownership of all venomous snakes shall require the owner to have and maintain the expiration date of the proper antivenom. Venomous snakes shall not be permitted without the proper antivenom.
G. 
All snakes shall be maintained in quarters so as to prevent their escape. The permittee assumes full responsibility for recapturing any snake that escapes from his/her premises. The permittee shall make adequate provisions and safeguards to protect the public from the snakes.
In addition to any other remedies provided in this article, any violations of the provisions of this article 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.