This article provides an exemption for pot bellied pigs which existed
in the Borough of Morrisville (the "Borough") on or before December 9, 1997
and provides the conditions for said exemption.
The terms and conditions of said exemption are as follows:
A. The pot bellied pig and its owner must be registered
with the Borough. The owner must declare that the pig was owned and kept at
the owner's Borough residence on or before December 9, 1997, as a household
pet and will continue to be kept at the resident's property as the lawful
registered owner.
B. The owner will comply with all provisions of Article
IV of this chapter, providing for regulating and keeping of certain animals and all other applicable ordinances, and any violation will result in termination of the exemption and require removal of the pig from the Borough.
C. Upon the death of any pot bellied pig, the exemption
status will terminate and no replacement of another pig is allowed.
D. The sale or transfer of any pot bellied pig to another
resident within the Borough or keeping the pig at any location other than
the registered owner's residence is prohibited.
E. The exemption is nontransferable.
F. The owner shall hold harmless and reimburse the Borough
for any claims or civil actions against the Borough related to the provisions
of this exemption that may be instituted related to the keeping of a pot bellied
pig.
G. The owner of any pot bellied pig shall be absolutely
liable for any damages or injuries caused or arising due to the keeping of
any pot bellied pig.
H. The owner/registration and affidavit shall be in the
following form:
(1) Registration. The owner of any pot bellied pig located within the Borough as a household pet on or before December 9, 1997, shall register the pig with the Borough during the designated one time, fifteen-day registration period, which shall begin April 1, 1998, and end April 15, 1998. Registration information is to be completed and returned to the Municipal Building, 35 Union Street, Morrisville, Pennsylvania. Only those pot bellied pigs that are duly registered may be exempted. All other pot bellied pigs shall be subject to Article
V, Pot Bellied Pigs. It shall be the sole responsibility of the owner of the pot bellied pig to complete the registration requirements. The Borough shall have no responsibility to seek out such owners or to provide for any special notification.
(2) Registration/Affidavit. The registration/affidavit form
is the required document to identify the owner, provide identifying information
regarding the pig and certifying that the pig has been spayed or neutered
and has received all required inoculations. The owner shall certify his or
her agreement to the terms of exemption.
Exemption requires that the registered owner shall comply with all sections of this article and all other applicable ordinances. Any violation will result in the immediate termination of the exemption status and require removal of any pot bellied pig from the Borough within 48 hours. In addition, the Borough retains all of the additional rights, remedies and penalties provided by Article
IV, Keeping Of Animals.
Termination of special exemption status for registered pot bellied pigs
shall occur upon any of the following:
B. Selling or other transfer of ownership of the pig.
C. Keeping of the pig at a location other than the registered
residence and property of the owner of record.
D. Noncompliance of this article or other applicable ordinances
pertaining to keeping of animals.
E. Death of registered owner, or infirmity of the owner
that prevents maintenance of the pig according to all Borough ordinances.
F. Notice must be given by the registered owner or owners or authorized representative to the Borough of the occurrence of §
118-32A through
E, above. This notice must be given within five days of the occurrence.
The following form of registration/affidavit shall be required.
Any person who shall violate any provision of this article shall, upon
conviction thereof, be sentenced to pay a fine not exceeding $600 plus costs
of prosecution, including reasonable attorney fees and, in default of payment,
to undergo imprisonment for a term not to exceed 30 days. Each day that a
violation of this subpart continues shall constitute a separate and additional
offense.