This article is enacted to regulate the maintenance,
keeping or possession of animals within the Township of Abington in
order to promote the health, safety and general welfare of its inhabitants.
Where the provisions of this article impose greater restrictions than
those of any other ordinance or regulation or resolution, the provisions
of this article shall be controlling. Where the provisions of any
other ordinance (such as the Zoning Ordinance), regulation or resolution impose greater restrictions
than this article, the provisions of such other ordinance, regulation
or resolution shall be controlling.
The following definitions shall apply in the
interpretation and enforcement of this article:
ANIMAL
Shall be construed in a broad sense to include not only animals
so-called but also birds, fish, reptiles and insects.
BOARD
Board of Animal Regulation.
MENAGERIE
A collection of animals not listed in §
58-10 of this article, kept in cages or enclosures for exhibition by a full-time professional trainer.
PERSON
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.
PET SHOP
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 Board under §
58-12 hereof at any time during the calendar year or any part thereof.
ZOOLOGICAL GARDEN
A collection of animals not listed in §
58-10 hereof, maintained in a park or garden by an educational nonprofit or governmental corporation under the supervision of at least one professional zoologist.
Any person is permitted to maintain, keep or
possess within the Township of Abington any of the following animals,
which classifications shall be strictly construed:
Cage birds, including parakeets, parrots, canaries,
finches, lovebirds, myna birds and other birds ordinarily kept in
cages in households, but excluding wild birds captured or rescued
and keep in cages.
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Cats (Felis catus)
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Cows (Bos taurus), beef and dairy, subject to
zoning
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Dogs (Canis familiaris), except dingoes
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Frogs (Salientia)
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Goats (Capra hircus), subject to zoning
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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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Horses and ponies (Equus caballus), subject
to zoning
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Lizards (Sauria), except those listed under
animals prohibited in the Township
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Mice, white (Mus musculus)
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Poultry (ducks, chickens, swans, geese, turkeys,
guinea fowl and pigeons kept for show or racing), subject to zoning
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Rabbits, restricted to European-type rabbits
(Oryctolagus cuniculus) commonly kept as pets or livestock
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Rats, white (Rattus norvegicus)
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Salamanders (any tailed amphibian)
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Sheep (Ovis aries), subject to zoning
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Snakes, nonpoisonous and native to the Township
of Abington
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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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No person is permitted to maintain, keep or
possess within the Township of Abington any of the following animals,
which classifications shall be broadly construed:
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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Bears (Ursidae)
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Bison (Bison bison)
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Cheetahs (Acinonyx jubatus)
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Coyotes (Canis latrans)
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Crocodilians (Crocodilia) 30 inches in length
or more
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Constrictor snakes six feet in length or more
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Deer (Cervidae); includes all members of the
deer family, for example, white-tailed deer, elk, antelopes, moose
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Elephants (Elephas and Loxodonta)
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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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Leopards (Panthera pardus)
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Lions (Panthera leo)
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Lynxes (Lynx)
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Monkeys, old-world (Cercopithecidae)
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Ostriches (Struthio)
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Piranha fish (Characidae)
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Pumas (Felis concolor), also known as cougars,
mountain lions and painters
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Rhinoceroses (Rhinocerotidae)
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Sharks (class chondrichthyes)
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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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The Board of Animal Regulation 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 §
58-11 hereof, provided that:
A. The Board is satisfied that the applicant and all
other persons placed in charge of such animals are experts in their
knowledge of the 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. Applicant provides the Board with a certificate of
public liability insurance in form and amount satisfactory to the
Board, issued by a carrier satisfactory to the Board.
The applicant for any permit hereunder shall,
at the time of application, pay to the Township the following fees:
A. Pet shop or zoological garden, $25 for each calendar
year or part thereof. There will be no charge for a traveling educational
exhibit maintained by an established Humane Society or zoological
garden.
B. Menagerie, $50 plus an additional $10 per day for
the duration of the permit.
C. All other applicants, $2.50 for the first calendar
year or part thereof, renewable thereafter for a fee of $1 each calendar
year or part thereof.
Any person who violates any provisions of this
article or of any 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 $300, together with the costs of prosecution,
and in default of payment of such fine and costs, to undergo commitment
to the Township lockup for a period not exceeding five days or to
the county jail for a period not exceeding 30 days, and each day's
failure to comply with any such provision shall constitute a separate
violation. In addition, the Township may institute 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 of any rules and regulations made pursuant hereto.