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.
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.
I.
Crocodillians: All alligators, caimans, crocodiles, gavials,
etc.
J.
Venomous fish and piranha.
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.
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.
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.