[Adopted 3-20-1995 by Ord. No. 798]
A.
This article is enacted to regulate the maintenance,
keeping or possession of animals within the Borough of Mount Oliver
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.
Where the provisions of any other statute, ordinance, regulation or
resolution impose greater restrictions than this article, the provisions
of such other statute, ordinance, regulation or resolution shall be
controlling.
The following definitions shall apply in the
interpretation and enforcement of this article:
Construed in a broad sense to include not only animals so-called,
but also birds, fish, reptiles and insects.
The premises, any portion of which is utilized for the temporary
or permanent harboring of lost, strayed, ill or injured animals, not
exceeding 20 animals.
A collection of animals not listed in § 67-8 kept in cages or enclosures for exhibition by a full-time professional trainer.
Police officer or duly appointed Animal Control Officer or
his/her designee.
Any individual, partnership, association, corporation, estate
or trust, as well as all officers, agents, servants, employees or
others acting for any of the same, and shall be taken as applying
in the singular or plural as the case may require.
A retail shop primarily in the business of selling animals and maintaining, keeping or possessing any animal for which a permit may be issued by the officer under § 67-10 hereof at any time during the calendar year or any part thereof.
A collection of animals not listed in § 67-8 maintained in a park or garden by an educational, nonprofit or governmental corporation under the supervision of at least one professional zoologist.
A.
Any person is permitted to maintain, keep or possess within the Borough of Mount Oliver, subject to the numerical limitations of § 67-18, any of the following animals, which classification shall be strictly construed:
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Cage birds (The term includes parakeets, parrots,
canaries, finches, love birds, myna birds and other birds ordinarily
kept in cages in households; it excludes wild birds captured or rescued
and kept in cages.)
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Cats (Felis catus)
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Dogs (Canis familiarus), except dingoes
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Frogs (Salientia)
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Gerbils
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Goldfish and carp (Cyprinidae)
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Guinea pigs (Cavia cutleri)
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Hamsters (Cricetus and Mesocricetus)
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Lizards (Sauri), except those listed under animals
prohibited in the Borough
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Mice, white (Mus musculus)
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Rabbits, restricted to European-type rabbits
(Oryctolagus cuniculus), commonly kept as pets
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Rats, white (Rattus norvegicus)
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Salamanders (any tailed amphibian)
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Snakes, nonpoisonous and native to the Borough
of Mount Oliver
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Toads (Salientia)
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Tropical fish, limited to those customarily
maintained in a household aquarium, except piranhas
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Turtles (Chelonia)
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B.
The keeping of more than three dogs shall constitute
a kennel.
No person is permitted to maintain, keep or
possess within the Borough of Mount Oliver any of the following animals,
which classifications shall be broadly construed:
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All poisonous animals, including rear-fanged
snakes
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Apes: chimpanzees (Pan), gibbons (Hylobates),
gorillas (Gorilla), orangutans (Pongo) and siamangs (Symphalangus)
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Baboons (Papio mandrillus)
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Barracuda
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Bears (Ursidae)
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Bison (Bison bison)
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Cheetahs (Acinonyx jubatus)
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Coatimundis (Nasua)
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Coyotes (Canis latrans)
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Crocodilians (Crocodilia)
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Deer (Cervidae), includes all members of the
deer family, for example, white-tailed deer, elk, antelopes and moose
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Elephants (Elephas and Loxodonta)
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Foxes (Vulpes and Urocyon)
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Game cocks, i.e., fighting birds
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Hippopotamuses (Hippopotamidae)
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Hyenas (Hyaenidae)
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Jaguars (Panthera onca)
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Jaguarundis (Herpailurus)
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Kinkajous (Potos)
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Leopards (Panthera pardus)
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Lions (Panthera leo)
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Lynxes (Lynx)
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Margays (Felis tigrina)
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Monkeys, old-world (Cercopithecidae)
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Ocelots (Felis pardalis)
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Ostriches (Struthio)
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Otters (Lutrinae)
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Piranha fish (Characidae)
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Pumas (Felis concolor), also known as "cougars,"
"mountain lions" and "panthers"
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Raccoons (Procyon)
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Rhinoceroses (Rhinocerotidae)
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Sharks (class Chondrichthyes)
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Skunks (Mephitinae)
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Snakes not permitted under § 67-8
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Snow leopards (Panthera uncia)
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Swine (Suidae)
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Tigers (Panthera tigris)
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Wolves (Canis lupus)
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No person other than a registered veterinarian in the course of his/her professional duties is permitted to maintain, keep or possess within the Borough of Mount Oliver any animal not specifically mentioned in § 67-8 hereof, unless application for a permit shall have been made by such person to the officer and a permit shall have been issued therefor. Among such animals for which a permit may be issued by the officer are the following:
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Eagles (Aquila and Haliaeetus), subject to state
and federal law
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Falcons (Falconidae), subject to state and federal
law
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Iguanas (Iguanidae)
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Monkeys: white-throated capuchins and other
Cebus monkeys; night monkeys or douroucoulis (Aotes); marmosets (Callimico),
callithris and leontocebus; squirrel monkeys (Saimiri) and woolly
monkeys (Logothrix)
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A.
The application for a permit for animals in § 67-10 and for the keeping of more than four 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:
(1)
The type and number of animals to be covered by the
permit.
(2)
The purpose of keeping such animals.
(3)
The period for which the permit is requested.
(4)
A description of the quarters in which the animals
will be kept, including plans and specifications thereof, where appropriate,
and the facilities for sanitation and disposal of animal wastes.
(5)
The circumstances, if any, under which the animals
will be removed from their quarters.
(6)
Biographical information about the applicant and any
other person to be placed in charge of the animals, with particular
emphasis on the knowledge of such persons about the animals in question
and the experience of such persons in handling the animals in question.
(7)
Such additional information as the officer may require.
B.
In addition to such verified information, the Animal
Control Officer shall consider all other relevant conditions, including
but not limited to:
(1)
The odor emanating or likely to emanate from the premises
to persons off the premises.
(2)
The noise emanating or likely to emanate from the
premises to persons off the premises.
(3)
The attitudes of the applicant's neighbors to the
proposed license.
(4)
The security with which the pets or creatures will
be restrained.
A.
The Borough Council of Mount Oliver shall appoint
an Animal Control Officer. In addition, the Borough Manager may from
time to time designate a temporary Animal Control Officer.
B.
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 Borough Manager
and the officer shall also have the power to revoke the permit for
cause.
C.
The officer shall also have the power, with the consent
of the Borough Council, to make such rules and regulations as he/she
shall deem necessary to carry out the purposes of this article. He/she
shall be responsible to determine whether any person is violating
any provisions of this article or the rules and regulations adopted
hereunder. In making such determinations, the officer shall consider
the following standards:
(1)
All animals and animal quarters shall be kept in a
clean and sanitary condition. Adequate ventilation shall be maintained.
(2)
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.
(3)
Animals which 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.
(4)
The permittee shall maintain the premises so as to
eliminate offensive odors or excessive noise.
(5)
The permittee shall not permit any condition causing
disturbance of the peace and quiet of his/her neighbors.
(6)
Animals must be maintained in quarters so constructed
as to prevent their escape. The permittee assumes full responsibility
for recapturing any animal that escapes from his/her premises. The
permittee shall make adequate provisions and safeguards to protect
the public from the animals.
(7)
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 Mount Oliver and the rules
and regulations that may accompany this article in any way connected
with animals, specifically including anti-cruelty laws.
(8)
Any and all animals must be kept healthy and free
from sickness and disease at all times. Should the Animal Control
Officer question the health of any animals, he/she shall have the
authority to require an examination by a doctor of veterinary medicine,
such examination to be at the expense of the owner.
(9)
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 article.
(10)
Every owner and occupant of a structure or property
shall be responsible for the extermination of insects, rodents, vermin
or other pests in all areas of the premises.
D.
The Animal Control Officer and police officers of
the Borough of Mount Oliver are authorized hereby to enter upon any
premises within the Borough for the purpose of investigating a possible
violation of this article.
The applicant for any permit hereunder shall,
at the time of his/her application, pay to the Borough of Mount Oliver
a fee for the following in an amount as shall be set forth by the
Borough Council:
A.
Pet shop or zoological garden: a fee for each calendar
year or part thereof. There shall be no charge for a traveling educational
exhibit maintained by an established humane society or zoological
garden.
B.
Menagerie: a set fee, plus an additional fee per day
for the duration of the permit.
C.
Animal shelters and all other applicants: a fee for
the first calendar year or part thereof, renewable thereafter for
a like fee per each calendar year or part thereof.
The Borough Council may approve a permit for a permanent zoological garden or a menagerie, limiting the latter to no more than one month in any one calendar year, which includes animals otherwise prohibited under § 67-9 hereof, provided that:
A.
The Council is satisfied that the applicant and all
other persons placed in charge of such animals are experts in their
knowledge of care and handling of such animals.
B.
The highest standards are applied in safeguarding
the public, and no human being lives or resides within 100 feet of
the quarters in which the animals will be kept.
C.
The applicant provides the Council with a certificate
of public liability insurance in a form and amount satisfactory to
the Council issued by a carrier satisfactory to the Council.
A.
The keeping or maintaining of any farm animal, with the exception of poultry, as indicated in § 67-8, shall be permitted only on land of sufficient area so that there shall be 60,000 square feet for the first animal, with an additional 20,000 square feet required for each additional animal. There shall also be provided a pen or enclosure of at least 1,600 square feet for the first animal, with 400 square feet of pen or enclosure required for each additional animal. Within the pen there must be provided a stable or similar roofed enclosure having an area of at least 100 square feet for each animal to be held therein. Any such pen or enclosure shall be situated not less than 100 feet from any street or other property line.
B.
The keeping or maintaining of poultry as defined in § 67-8 shall be permitted only on a lot with a land area equivalent to 40,000 square feet or more. In no event shall more than 10 poultry birds be permitted on each 40,000 square feet of area. The pen, shelter or enclosure shall be set no closer than 75 feet to the front lot line nor closer than 75 feet to any side or rear line.
C.
The owner or person(s) responsible for the care and
keeping of such animals shall be responsible to prevent or eliminate
all odors, animal waste and insect infestation caused by the maintenance
of such animals.
It shall be unlawful to own, harbor or keep
in custody any animal(s) which disturb the peace by barking, howling
or making other loud noises to the annoyance and discomfort of any
person in the Borough of Mount Oliver. Continuous barking, howling
or the making of other loud noises by such animal(s) for more than
any one hour on one occurrence, or for periods of at least 1/2 hour
which occur on two or more consecutive days, shall be deemed to disturb
the peace and to cause the annoyance and discomfort of persons in
the Borough of Mount Oliver.
B.
No person owning, harboring, keeping or in charge
of any animal shall cause, suffer or allow such animal to soil, defile,
defecate on or commit any nuisance on any sidewalk, play area, park
or any place where people congregate or walk or on any public property
whatsoever or on any private property without the permission of the
owner of said property. The restriction in this section shall not
apply to that portion of the street lying between the curblines in
any common thoroughfare, passageway or bypath, which shall be used
to curb such animal under the following conditions:
(1)
The person who so curbs such animal shall immediately
remove all feces deposited by such animal by any sanitary and reasonable
manner.
(2)
The feces removed from the aforementioned designated
area shall be disposed of in a sanitary manner by the person owning,
harboring, keeping or in charge of any animal curbed in accordance
with the provisions hereof.
[Added 4-18-2016 by Ord.
No. 956]
All dogs, when not within the owner's/guardian's real property
limits, must be secured by a leash or lead.
Except for species of fish, it shall be unlawful
to keep more than four animals six months of age or older on any premises,
regardless of the number of owners; provided, however, that this section
shall not apply to any premises for which a kennel license has been
obtained pursuant to the Dog Law (3 P.S. § 459-101 et seq.),
as the same may from time to time be supplemented or amended.
Any person who violates any provisions of this
article or any of the rules and regulations made pursuant hereto shall
be liable for each offense, upon conviction before any District Justice,
to a fine of not more than $1,000, together with the costs of prosecution,
or to imprisonment in the county jail for a period not exceeding 30
days, or both. Each day's failure to comply with any such provision
shall constitute a separate violation. Prosecution may be instituted
by the issuance of a summary citation by the Animal Control Officer
in the name of the Borough of Mount Oliver.
In addition, the officer may institute in the
name of the Borough of Mount Oliver any appropriate action or proceeding,
whether by legal process or otherwise, to restrain, correct or abate
a continuing violation of any provision of this article or any rules
and regulations made pursuant hereto.
