[HISTORY: Adopted by the Borough Council of the Borough of Schwenksville 9-8-2011 by Ord. No. 366. Amendments noted where applicable.]
This chapter is enacted to regulate the maintenance, keeping or possession of animals within the Borough of Schwenksville in order to promote the health, safety and general welfare of the Borough's inhabitants.
Where the provisions of this chapter impose greater restrictions than those of any other statute, ordinance, regulation or resolution, the provisions of this chapter shall be controlling. Where the provisions of any other statute, ordinance, regulation or resolution impose greater restrictions than this chapter, the provisions of such other statute, ordinance, regulation or resolution shall be controlling.
As used in this chapter, the following terms shall have the meanings indicated:
- Any domestic animal or fowl, any wild animal, or any household
pet, including, but not limited to, dogs, cats, birds, fish, reptiles,
potbellied pigs, insects and other similar animals.[Amended 7-9-2020 by Ord. No. 402]
- DOMESTIC ANIMAL
- Any animal normally or ordinarily domesticated or raised in this area or climate as livestock or for work or breeding purposes or normally or ordinarily kept as a household pet.
- HOUSEHOLD PET
- Any dog, cat or other domestic animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner.
- Any person, firm or corporation owning or actually keeping,
having, using, maintaining, harboring or permitting or encouraging
any of the animals herein referred to remain around his or her property
by feeding them, caring for them or otherwise enticing them.[Amended 7-9-2020 by Ord. No. 402]
- Any police officer, state trooper or duly appointed Animal Control Officer or Code Enforcement Officer, or his or her designee.
- Any person having a right of property or having custody of any animal, or any person who harbors or permits an animal to remain on or around his or her property.
- Any person, firm, partnership, association or corporation.
- WILD ANIMAL
- Any animal, including bird, fowl, reptile or insect, not normally or ordinarily domesticated nor normally or ordinarily raised in this area and climate as livestock or for work or breeding purposes, or not capable of being kept as a household pet.
The kinds of animals permitted are as follows:
It shall be unlawful for any person to keep any domestic animals, except household pets, except as provided in this section.
The keeper of every such animal shall confine the same in an enclosure sufficient to prevent such animal from running at large, and such enclosure shall be of a size and construction conducive to the animal's health, and adequate sanitary drainage facilities shall be provided.
Every keeper of any animal shall cause the litter and droppings therefrom to be collected daily in a container or receptacle that, when closed, shall be ratproof and flytight and, after every such collection, shall cause such container or receptacle to be kept closed. At least once a week, every such keeper shall cause all litter and droppings so collected to be disposed of in such a manner as not to permit the presence of fly larvae.
Every keeper of any animal shall cause all feed provided therefor to be stored and kept in a ratproof and flytight building, box, container or receptacle.
[Amended 7-9-2020 by Ord. No. 402]
It shall be unlawful for any person to keep any household pet, whether kept inside or outside, except as provided in this section.
If any such pet shall be kept in a dwelling owned, occupied, or leased for occupancy by its owner, such owner and their tenant shall be required to follow such procedures and practices as to comply with limits on the number of such pets to be kept there and to take such sanitation measures necessary to ensure that no public nuisance shall be created or maintained and no threat to the health of persons living in the dwelling or elsewhere than in such dwelling shall be created.
If any such pet shall be kept in an enclosure outside such dwelling, or be permitted to be outside unencumbered, the provisions of § 49-4 of this chapter, insofar as the same applies to domestic animals, shall be applicable to the keeping of such animals and/or household pets, as defined herein .
Where a homeowners' association exists, it shall be the homeowners' association's responsibility to regulate pets and the keeping of animals in accordance with this chapter.
No one shall keep household pets or domesticated animals without proper safeguards to prevent them from creating a sanitation problem and threat to public health for adjacent properties or the general public.
The catching and releasing of domesticated animals within the Borough limits is prohibited.
It shall be unlawful for the owner of any dog or dogs to allow or permit such dog or dogs to become or remain a nuisance in the Borough.
It shall be unlawful for the owner of any dog or dogs or any other animal to allow or permit his or her animal to make any loud noise continuously and/or incessantly for a continuous period of 10 minutes or make such noise intermittently for 1/2 hour or more to the disturbance of any person any time of the day or night, regardless of whether the animal is physically situated in or upon private property, provided that at the time the animal is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal is situated nor is there any other legitimate cause which justifiably provoked the animal.
A person having possession, custody or control of any dog shall not permit such dog to defecate:
Upon any gutter, street, driveway, alley, curb or sidewalk in the Borough of Schwenksville;
Upon the floors or stairways of any building or place frequented by the public or used in common by the tenants;
Upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building abutting on a public street or park;
Upon the grounds of any public park or public area;
Upon any private property other than the property of the owner of such animal.
Any person having possession, custody or control of any animal which defecates in any area other than the private property of the owner of the animal as regulated in §§ 49-4 through 49-5 above shall be required to immediately remove any feces or waste from such surface and either:
Except for species of fish, it shall be unlawful to keep more than five animals, three months of age or older, on any premises, regardless of the number of owners, unless said premises is a zoo, petting zoo, menagerie, kennel, aviary, cattery, pet shop or veterinary clinic that has received zoning approval to operate as such, as well as the appropriate licenses and/or certifications required for said operation.
The officer is hereby authorized to enter upon any premises within the Borough of Schwenksville for the purpose of investigating possible violations of this chapter.
The application for a permit for the keeping of more than five animals from the permitted list shall have attached thereto a registered veterinarian's health certificate for each animal to be covered by the permit, shall be verified by an affidavit and shall set forth the following:
The type and number of animals to be covered by the permit.
The purpose of keeping such animals.
The period of time for which the permit is requested.
The description of the quarters in which the animals will be kept and the facilities for sanitation and disposal of animal wastes.
The circumstances, if any, under which the animals will be removed from their quarters.
Biographical information about the applicant and any other person to be placed in charge of the animals.
Such additional information as the officer may require.
In addition to such verified information, the officer shall consider all other relevant conditions, including, but not limited to:
The odor emanating or likely to emanate from the premises to persons off the premises.
The noise emanating or likely to emanate from the premises to persons off the premises.
The attitude of the applicant's neighbors to the proposed permit.
The security with which the animals will be restrained.
Prior complaints regarding animals at the premises.
The officer shall have the power to review or cause to be reviewed each application for a permit and may either approve or reject such application or require modification of the application.
When the officer has approved the application, he/she shall issue the permit.
The permit shall be personal and not transferable and shall be issued for a calendar year or part thereof.
The officer shall also have the power to revoke the permit for cause.
The officer shall also have the power to make such rules and regulations as he/she shall deem necessary to carry out the purpose of this chapter.
The officer shall be responsible for determining whether any person is violating any provisions of this chapter or the rules and regulations adopted hereunder. In making such determination, the officer shall consider the following standards:
All animals and animal quarters shall be kept in a clean and sanitary condition with adequate ventilation.
The permittee shall use every reasonable precaution to assure that the animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any means.
Animals that are enemies by nature or are temperamentally unsuited shall not be quartered together or so near each other as to cause the animals fear or to be abused, tormented or annoyed.
Animals shall be maintained on the premises so as to eliminate offensive odors or excessive noise.
Animal owners shall not permit any condition causing disturbance of the peace and quiet of his/her neighbors.
Animals must be maintained in quarters so constructed as to prevent their escape. The permittee assumes full responsibility for recapturing an animal that escapes from his/her premises. The permittee shall make adequate provisions and safeguards to protect the public from the animals.
Every person shall conform to all present and future laws of the Commonwealth of Pennsylvania and the United States of America, the ordinances of the Borough of Schwenksville and the rules and regulations that may accompany this chapter in any way connected with animals, specifically including anti-cruelty laws.
Any and all animals must be kept healthy and free from sickness and disease at all times. Should the officer question the health of any animals, he/she shall have the authority to require an examination by a doctor of veterinary medicine with such examination to be at the owner's expense.
The permittee shall be responsible and liable for the actions of all persons employed by or otherwise associated with him/her as such actions relate to the permittee's obligation to comply with this chapter.
Every owner and occupant of a structure or property shall be responsible for the extermination of insects, rodents, vermin or other insects in all areas of the premises.
The applicant for any permit to exceed the limitation on permitted animals contained in § 49-6 shall, at the time of his/her application, pay the Borough of Schwenksville a nonrefundable fee, in an amount as established from time to time by resolution of the Borough Council, to cover the cost of processing the permit application and the issuance of the permit.
Upon issuance, the permit shall be for the calendar year or part thereof and thereafter shall be renewable for a like fee for each calendar year or part thereof.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, shall be sentenced to a term of imprisonment not to exceed 30 days.
Each prohibited animal, each animal in excess of the maximum limit on animals, or every citation issued for violation of this chapter shall constitute a separate violation, and each day that a violation of this chapter continues shall constitute a separate offense.
[Amended 7-9-2020 by Ord. No. 402]