[Adopted 12-30-1964 by Ord. No. 324]
As used in this article, the following terms shall have the meanings indicated:
- EXOTIC ANIMAL
- "Wild or exotic animal" shall mean any animal of a species
prohibited by Title 50, Code of Federal Regulations, or otherwise
controlled by the Commonwealth of Pennsylvania. It shall include any
animal which is wild, fierce, dangerous, noxious or naturally inclined
to do harm.[Added 9-17-2012 by Ord. No. 775]
- Includes any natural person, partnership, association, firm or corporation. In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to keep any animal, bird or fowl at any place within the Borough of Hellertown for the purpose of breeding the same or for any purpose of manufacture, art, trade or business in connection therewith or for any purpose other than as a household pet, except under special permit to be issued by the Code Enforcement Officer or his designee and in strict conformity with the conditions set forth in such permit and in this article.
In issuing a permit under this article, the Code Enforcement Officer or his designee may stipulate, as a condition of such permit, the maximum number of animals, birds or fowl, as the case may be, which may be kept upon any premises thereunder, and it shall be a violation of this article to keep more than such stipulated maximum number of animals, birds or fowl upon such premises. In determining such maximum, the Code Enforcement Officer or his designee shall be guided by the type and nature of such animals, birds or fowl, and the location, size and character of the premises on which such animals, birds or fowl are to be kept.
[Amended 6-1-1970 by Ord. No. 388]
All animals, birds and fowl kept within the Borough of Hellertown, whether kept solely as household pets or whether kept under a permit issued by authority of this article, shall be kept in good, clean condition and free from disease. For animals, birds or fowl kept under permit and for such household pets as normally are not at all times kept uncaged indoors, an adequate coop or pen shall be provided, which shall be substantially constructed, and so constructed as to prevent entry therein by rats, mice and other vermin, and so as to be easily cleaned and kept in a sanitary condition. No such coop or pen shall be kept in any cellar or within 75 feet of any house or dwelling or within 10 feet of an alley. All such coops and pens shall be dry, airy, well-lighted and not overcrowded. All refuse food and excrement shall be removed as often as necessary to prevent odors from developing therefrom and to prevent flies from being attracted thereto. The ground floor of each such coop or pen shall be elevated at least five inches above the ground in order to permit the control of rats, mice and other vermin underneath said coop or pen. All runways surrounding such coop or pen shall be aerated at least once a year by the spreading of lime or charcoal thereon.
The Code Enforcement Officer or his designee may revoke any permit issued under this article when any of the conditions of this article or of such permit shall not be complied with.
[Added 9-17-2012 by Ord. No. 775]
Wild or exotic animals prohibited. No person shall keep a wild or exotic animal in any place other than a zoological park, veterinary hospital or clinic, humane society, or circus, sideshow, amusement show or facility used for educational or scientific purposes, which provides proper cages, fences and other protective devices adequate to prevent such animal from escaping or injuring the public or causing a health hazard due to fecal matter or otherwise.
Sale, adoption, exchange or transfer of wild or exotic animals prohibited. No person shall sell, offer for sale, adoption, exchange or transfer, with or without charge, any wild or exotic animal. This section is not intended to apply to a person owning or possessing wild or exotic animals prior to the passage of this section, provided that the person or persons taking possession of such wild or exotic animal following said sale, adoption, exchange or transfer is/are not a resident of the Borough of Hellertown.
Disposition and impoundment. Any person who keeps a wild or exotic animal in contravention of this section must dispose of the animal by removal of the animal from the Borough or by giving the animal to the animal control officer, as designated by the Borough. The designated Borough official is authorized to release the animal to the wild, to a zoological park, or to dispose of the animal in some humane manner. Cost of removal and/or placement at a park or other facility shall be charged to and accepted by the owner.
[Amended 9-17-2012 by Ord. No. 775]
Any person, firm or corporation who shall violate any provision of this article 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, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.