Borough of Wilmerding, PA Keeping of Certain Animals

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.

In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.

§ 116-2 Keeping of wild and large animals prohibited.

[Amended 9-7-1999 by Ord. No. 968]

It shall be unlawful for any person to keep any wild or large animal at any place within the Borough of Wilmerding except where the same shall be permitted under Chapter 300, Zoning, in a park, zoological garden or similar establishment for exhibit to the public or to any portion thereof.

§ 116-3 Keeping of certain animals regulated.

[Amended 9-7-1999 by Ord. No. 968]

It shall be unlawful for any person to keep any domestic animals except household pets, except as provided in this section:

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.

The keeper of every such animal 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 sanitary practices, and adequate and sanitary drainage facilities shall be provided.

Every keeper of any animal shall cause the litter and droppings therefrom to be collected daily in a container or receptacle that, when closed, shall be ratproof and flytight, and after every such collection shall cause such container or receptacle to be kept close. 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.

Every keeper of any animal shall cause all feed provided therefor to be stored and kept in a ratproof and flytight building, box, container or receptacle.

All animals which are capable of contracting rabies shall be vaccinated against rabies by a licensed veterinarian in accordance with the recommendations for immunization published by the National Association of Public Health Veterinarians which are incorporated herein by this reference thereto. Any animal may be exempted from the vaccination requirement for a specified period upon possession of the owner of a veterinarian's certificate stating that, because of an infirmity or other physical condition, the inoculation is not medically appropriate.

It shall be unlawful to keep any bees in the Borough.

The parent or guardian of any minor claiming ownership of any animal shall be deemed the owner of such animal and shall be liable for any penalties under this article, including Subsections A, B and C and shall be liable to third parties, as allowed by law, for any actions of such animal.

§ 116-4 Household pets.

[Amended 9-7-1999 by Ord. No. 968]

It shall be unlawful for any person to keep any household pet except as provided in this section:

If any such pet shall be kept in a dwelling owned or occupied by its owner, such owner shall be required to follow such procedures and practices as to the number of such pets to be kept there and as to sanitation to ensure that no public nuisance shall be created or maintained and no threat to the health of persons living elsewhere than in such dwelling shall be created.

If any such pet shall be kept in an enclosure outside such dwelling, the provisions of § 116-3 of this article, insofar as the same apply to small animals, shall be applicable to the keeping of such household pet.

No residence shall contain at any one time more than two dogs, two cats, or any combination thereof, or two of any other caged or uncaged animals. This limit shall not include litters of young which have not yet been weaned or which have been weaned for fewer than six weeks. There shall be no limit on the number of fish which any residence may maintain.

Any person lawfully owning more than the number of animals specified in Subsection C at the time of the effective date of this article may retain the animals, provided he/she obtains a special permit from the Chief of Police within 60 days from the effective date of this article. A fee of $15 per household shall be paid to the Borough before such permit will be issued. If for any reason any animal covered by the permit is lost, sold, given away or dies, no replacement of that animal shall be allowed if such a replacement would be in violation of the limitations specified in Subsection C. The special permit shall only be issued when the following conditions are met:

(1)

The animals in the owner's possession are not creating a nuisance.

(2)

There is adequate waste disposal.

(3)

There is no hazard to public safety, health and welfare.

The Borough shall have the right to conduct an inspection to determine a property owner's compliance with this section.

§ 116-5 Violation of state law.

Any violation of this article that would also violate any state law shall be prosecuted under that state law and not under this article.

§ 116-6 Violations and penalties.

[Amended 9-7-1999 by Ord. No. 968]

Any person or entity violating this article shall be subject to a fine not exceeding $1,000 plus costs of prosecution or, in default of payment thereof, shall undergo imprisonment for a period not exceeding 30 days. Each day a violation exists shall be considered a separate offense.