[Adopted 2-21-1995 by Ord. No. 1030,
approved 2-21-1995]
As used in this article, the following terms
shall have the meanings indicated unless a different meaning clearly
appears from the context:
Any domestic animal or fowl, any wild animal or any household
pet.
Any animal normally or ordinarily domesticated or raised
in this area and climate as livestock or for work or breeding purposes
or normally or ordinarily kept as a 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 domestic animal of the bovine, equine, swine or sheep
family.
Any person, firm, partnership, association or corporation.
Any domestic animal (rabbit, hare, guinea pig); rat, mouse
or chinchilla; and any domestic fowl such as a chicken, turkey, goose,
duck or pigeon.
Any animal, including bird, fowl or reptile, not normally
or ordinarily domesticated; not 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. (Examples include, but
are not limited to, lions, tigers, bear, deer, leopards, crocodiles,
apes, alligators, etc.).
It shall be unlawful for any person to keep
any wild animal at any place within the Borough of East Stroudsburg
except where the same shall be permitted under the Zoning Ordinance[1] in a park, zoological garden or similar establishment
for exhibit to the public or to any portion thereof.
It shall be unlawful for any person to keep
any domestic animals, except household pets, except as provided in
this section:
A.
Large animals must be kept on parcels greater than
two acres, at a ratio not greater than one per acre. Large animals'
quarters shall be no closer than 100 feet from the exterior limits
of any dwelling or of any property line.
B.
Small animals shall be kept confined in quarters no
part of which shall be closer than 25 feet from the exterior limits
of any dwelling or of any property line. No property owner shall maintain
more than 24 small animals on his/her property.
C.
The keeper of domestic animals, except for small animals,
shall confine the same in an enclosure sufficient to prevent such
animal from running at large, and such enclosure shall be of a size
conducive to good sanitation practices, and adequate exercise and
sanitary drainage facilities shall be provided.
D.
Every keeper of a domestic animal shall cause the
litter and droppings therefrom to be collected daily in a container
or receptacle of such type that, when closed, it shall be ratproof
and flytight and after every such collection shall cause such container
or receptacle to be kept closed. At least twice a week, every such
keeper shall cause all litter and droppings so collected to be disposed
of in such manner as not to permit the presence of fly larvae.
E.
Every keeper of domestic animals shall cause all feed
provided therefor to be stored and kept in a ratproof and flytight
building, box, containers or receptacle.
F.
Any animal not being kept in a safe, healthy, sanitary
manner may be ordered to be removed from a property by the Borough
Zoning Officer or Borough Health Officer.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine not exceeding $1,000, together with costs of prosecution, or
to undergo imprisonment for a term not to exceed 30 days, provided
that each violation of any provision of this article and each day
the same continues shall be deemed a separate offense.
Any violation of this article that would also
violate any state law shall be prosecuted under that state law and
not under this article.
In the event that any provision, section, sentence,
clause or part of this article shall be held to be invalid, such invalidity
shall not affect or impair any remaining provision, section, clause
or part of this article, it being the intent of the Borough that such
remainder shall be and shall remain in full force and effect.
