For the purpose of this article, the following definitions shall
apply:
Any authorized employee of the Borough or such other persons
as designated by the Borough Manager, which may include veterinarians,
zoo professionals, law enforcement officers, or others involved in
the field of captive wildlife or exotic animal care and husbandry.
To add significantly to the overall welfare, health and well-being
of the species in question through a program that includes, at a minimum,
controlled breeding, formal public education presentations, membership
and participation in such professional organizations as state and
national wildlife rehabilitators associations, the American Association
of Zoological Parks and Aquariums (AAZP&A), the American Association
of Zookeepers, and the American Association of Zoo Veterinarians,
and other such requirements as the Borough Manager may deem necessary.
Any animal kept primarily for pleasure rather than for utility.
A person legally residing in the Borough.
Behavior which is not part of a wild animal's natural
habits or behavioral repertoire or in which it would not engage in
its natural habitat.
Any person who has possessed a valid state or federal permit
for the capture and possession of injured, infirm, orphaned wild or
exotic animals for purposes of treatment or sanctuary, provided that
the wild or exotic animals under the person's care are not used
primarily for any public display whether or not a fee is charged,
are not kept as pets, or are not kept or harbored in a recorded residential
subdivision.
Means or applies to any of the following: any untamed animal
that typically is found in the wild and poses a serious threat to
the safety and well-being of the community and citizens if left unattended
or it escapes from its captive environment.
A.
The Borough Manager shall enforce provisions of this article and
is authorized to issue or deny permits for the ownership, possession
or custody of wild or exotic animals in accordance with requirements
of this article.
B.
The Borough Manager shall make investigations or inspections to determine
whether any permit holder under this article has violated or is violating
any provisions of this article or any regulations issued thereunder.
The Borough Manager and his agents shall, at all reasonable times,
have access to all facilities where wild or exotic animals are held
pursuant to permits issued under this article. The Borough Manager
is specifically authorized and directed to make random and unannounced
inspections of such facilities at any reasonable time.
C.
The Borough Manager is authorized to establish rules and regulations
necessary and appropriate for the particular species of animal and
for the administration and enforcement of this article in cooperation
with a qualified and licensed veterinarian.
D.
The Borough Manager is authorized to have any wild or exotic animal
or reptile released to the wild. In addition, wild and exotic animals
may be released to a zoological park or to any other person or agency
deemed appropriate.
A.
No person shall own, possess or sell or keep a wild or exotic animal
as a pet in the Borough.
B.
No person shall be permitted to be kept on his or any other premises any wild or exotic animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not apply to zoological parks accredited by AAZP&A, circuses or veterinary clinics, performing animal exhibitions not in violation of § 89-16C, or governmental institutions.
C.
No person may own, possess or have custody of any wild or exotic
animal unless that person first obtains a permit from the Borough
Manager or is exempted from obtaining such a permit as set forth herein.
D.
No person may sponsor, promote or train a wild or exotic animal in,
or attend as a spectator, any activity or event in which any wild
or exotic animal engages in unnatural behavior or is wrestled, fought,
mentally or physically harassed or displayed in such a way that the
animal is abused or mentally or physically stressed or has the potential
to injure a human being. This prohibition applies to events and activities
taking place in either public or private facilities or property and
applies regardless of the purpose of the event or activities and irrespective
of whether gratuitously or for a fee.
E.
No person shall own, keep or harbor any poisonous or venomous snake
in the Borough, except institutions of higher learning, zoos or governmental
agencies.
F.
No person shall allow a wild or exotic animal to escape.
A.
All applicants shall complete and submit an application form prior
to licensing.
B.
Exemptions; standards for issuing permits.
(1)
The following persons are exempt from the permit requirement of § 89-17C:
(a)
A person possessing or having temporary custody of a sick, orphaned
or injured wild animal solely for the purpose of temporarily keeping
or transporting the animal to a licensed veterinarian or permitted
wildlife rehabilitator or animal shelter, or an organization that
is an accredited member of AAZP&A or similar organization or to
a federal, state or local governmental official with authority to
handle the animal.
(b)
Licensed veterinarians tending to injured or sick wild and/or
exotic animals.
(c)
Any research facility within the meaning of Section 2(e) of
the Federal Animal Welfare Act, 7 U.S.C. § 2132(e), licensed
by the Secretary of Agriculture of the United States pursuant to that
act.
(d)
Any agency or official of the federal, state or local government,
acting in an official capacity.
(e)
A zoo that is an accredited member of the AAZP&A.
(f)
State universities or other state agencies working with wild
or exotic animals.
(g)
Circuses.
(i)
Agricultural operations.
(2)
Persons applying for permits must demonstrate to the Borough Manager:
(a)
That the facility is not in a residential zone in the Borough.
(b)
That the proposed ownership, possession or custody of the wild or exotic animal will enhance the species in question within the meaning of § 89-15.
(c)
That the applicant possesses the scientific and animal husbandry
credentials and material resources to implement the proposed species
enhancement program.
(d)
That the applicant will be able to comply with the minimum care
standards.
(e)
That the wild or exotic animal will not be kept as a pet.
(f)
That the applicant will be able to comply with any other applicable
state, local or municipal laws, titles or regulations, including those
issued by the Borough Manager under authority of this article.
(g)
That the wild or exotic animal in question will not be used, directly or indirectly, in activities or events prohibited by § 89-17.
(h)
That the applicant can comply with all other terms, conditions
and requirements as set forth by the Borough Manager.
(i)
That every animal be inspected by a licensed veterinarian every
year who, upon a determination that the animal is in good health,
shall issue a health certificate and shall forward said certificate
to the Borough.
(j)
That the animal will not endanger the public health and safety
and will be housed in a manner to prevent escape and to enable species-typical
activities.
C.
Requisite provisions of the permit.
D.
Application procedure.
(1)
Each applicant for a permit shall submit a written application to
the Borough Manager, prior to possessing any animals in the Borough.
(2)
The Borough Manager may conduct a hearing with respect to any permit
application at the request of any interested party or at the discretion
of the Borough Manager in order to issue or deny a permit. If a hearing
is conducted, notice must be published in a newspaper of general circulation,
and notice must be mailed to the applicant at least 20 days prior
to the hearing.
(3)
The Borough Manager shall issue or deny the application for a permit
as soon as possible, but no later than 30 days after the thirty-day
period for comments has expired or, if a hearing is held, no later
than 30 days after the hearing. Notice of the issuance or denial of
a permit shall be published in a newspaper of general circulation
within seven days of issuance or denial.
E.
Duration of permit. The permit shall authorize the applicant to own,
possess or have custody of all animals specified in the permit for
a period of one year or for a shorter period if deemed necessary by
the Borough Manager and specified on the permit.
F.
Renewal of permits. The Borough Manager may renew a permit annually,
after inspection, upon the applicant showing that the applicant continues
to comply with all the requirements of this article.
H.
Modification or revocation of permit.
(1)
The Borough Manager shall have the power to modify or revoke any
permit issued pursuant to this section for any of the following reasons:
(a)
In order to make the permit conform to any regulation promulgated
by the Borough Manager.
(b)
In any case where the terms and conditions of the permit are
violated.
(c)
Where a wild or exotic animal owned or possessed pursuant to
a valid permit is found in the custody, care, possession or control
of any person other than the permit holder or his agent or other persons
specified on the permit, except when such animals are involved in
formal breeding or propagation, loan agreements between zoological
parks, aquariums, private breeders or rehabilitators with proper permits.
(d)
In any case where the permit holder or other person with possession
or custody of the animals is found not to meet the minimum care standards
or has violated any provisions of 34 Pa.C.S.A. § 103.
(e)
When the number of animals listed on the permit changes, except
in regard to animals who have given birth or have died; and these
changes must be reported to the Borough within one month of the event.
(f)
In any case where the permit holder or his agent denies the
Borough Manager or his agent access for inspection.
(g)
For nonpayment of any fees due under the provisions of this
article.
(2)
Hearing and decision procedures.
(a)
Borough Council shall afford a hearing to any individual whose
permit has been revoked or to any individual who has been denied a
permit by the Borough Manager and shall mail notice of the hearing
to the exotic pet permit holder at least 20 days prior to the hearing.
(b)
Any permit issued shall not be modified or revoked and the permit
holder shall retain custody of the wild or exotic animal until Borough
Council has rendered a decision following a hearing and a copy of
the decision is mailed to the permit holder, except where the Borough
Manager determines that the health or welfare of the animal or humans
may be adversely affected by leaving the animal in the custody of
the permit holder, in which case the Borough Manager may order the
animal temporarily removed to the custody of a facility able to house
the animal.
(3)
If Borough Council revokes the permit, the animal shall be permanently
removed from the custody of the permit holder and forfeited to the
Borough Manager to be disposed of accordingly.
(4)
Borough Council's decision to revoke the permit can be appealed
to a court of competent jurisdiction within 15 days after the revocation.
Any currently permitted wild or exotic animal which is housed
or kept in the Borough prior to this article becoming law must meet
all requirements of this article and be inspected and permitted or
denied a permit by the Borough Manager within six months of the effective
date of this article. No wild or exotic animal grandfathered in shall
be allowed to breed. The grandfather permit shall expire after the
animal dies, is sold, or is transferred out of the Borough.
A.
No nonresident person of this Borough may bring any wild or exotic
animal into this Borough or travel with any wild or exotic animal
in this Borough without obtaining a permit from the Borough Manager
before entering this Borough. To obtain a permit to enter or travel
with any wild or exotic animal, such nonresident shall notify or submit
an application to the Borough Manager, which shall describe the number
and species of animals, anticipated itinerary, and purposes for bringing
the animal or animals into the Borough. The Borough Manager may issue
the permit, provided that the applicant can demonstrate, in advance,
compliance with the minimum care standards. The permit shall be valid
for no more than 30 days and may not be renewed.
B.
This section shall not apply to:
(1)
Common carriers.
(2)
Animal suppliers transporting wildlife or exotic animals to zoos.
(3)
Animal suppliers to institutes of higher education.
(4)
Local, state or federal agencies.
(5)
Other individuals or groups which have been granted a waiver by the
Borough Manager for good cause shown.
(6)
Nonresidents traveling with any wildlife or exotic animal which shall
be in the Borough not more than 72 hours, provided that such wild
or exotic animal is not employed for or involved directly or indirectly
in any exhibition or commercial purpose in conflict with this article.
(7)
Circuses meeting minimum humane standards.
(8)
Zoos meeting minimum humane standards.
All owners shall have a written contingency plan for animal
escape and retrieval and shall notify the Franklin Park police immediately
if an escape occurs. A copy of the written contingency plan shall
be submitted to the Borough before a permit can be issued.
It shall be a violation of this article if a wild or exotic animal escapes from the custody of the owner and/or possessor, and the owner and/or possessor, as the case may be, shall be subject to the penalties set forth in § 89-26.
A.
For the purpose of this section, the term "bite" means the breaking
of the skin of a human being by a wild or exotic animal.
B.
Any wild or exotic animal, provoked or unprovoked, that bites a human
shall be disposed of as follows:
(1)
The animal shall be euthanized and the head sent off for rabies testing.
(2)
The Borough shall deliver said wild or exotic animal head to the
appropriate authority for testing.
(3)
Wild or exotic animals that are found dead and that have bitten a
human shall be impounded and their heads shall be sent for testing.
The owner or keeper shall have liability insurance in the amount
of at least $500,000, covering any damage or injury which may be caused
by such animal during the twelve-month period for which licensing
is sought, which policy shall contain a provision requiring the Borough
to be named as an additional insured, and the Borough shall be notified
by the owner or keeper of any cancellation, termination or expiration
of the liability insurance policy.
A.
The sale, possession or ownership of poisonous snakes in the Borough,
except by an institution of higher education, zoos or governmental
agencies, is prohibited.
B.
The sale, possession or ownership of venomous snakes in the Borough,
except by an institution of higher education, zoos or governmental
agencies, is prohibited.
Any person, firm or corporation who shall violate any provision
of this article or fails to comply therewith or with any of the requirements
thereof, or who shall hinder or molest or interfere with an officer
or agent of the Borough in the performance of any duty provided for
by this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 nor more than
$1,000 plus costs, including reasonable attorney's fees incurred by
the Borough, and, in default of payment of said fine and costs, to
a term of imprisonment to the extent permitted by law for the punishment
of summary offenses. A separate offense shall arise for each day or
portion thereof in which a violation of this article is found to exist
and for each section of this article found to have been violated.
The Borough may also commence appropriate actions in equity to prevent,
restrain, correct, enjoin or abate violations of this article. All
fines and penalties collected for violations of this article shall
be paid to the Borough Treasurer. The initial determination of ordinance
violation is hereby delegated to the Borough Manager, the Police Department,
the Code Official, the authorized designee of the Borough Manager,
and to any other officer or agent that the Borough Manager or the
Borough Council shall deem appropriate. Any wild or exotic animal
owned, possessed or in the custody of any person, firm or corporation
so convicted shall be forfeited to the Borough.
