[Ord. 656, 4/9/2015]
This Part shall be known and may be cited as the "Exotic Animal
Ordinance."
[Ord. 656, 4/9/2015]
As used in this Part, the following terms shall have the meaning
indicated, unless a different meaning clearly appears from the context:
All non-human vertebrate and invertebrate species that are
organisms of the animal kingdom, as distinguished from the plant kingdom;
including any part, product, egg, or offspring thereof.
Any equine animal, bovine animal, sheep, goat, and pig.
Any animal that is wild, fierce, dangerous, noxious, or naturally
inclined to do harm or inflict serious bodily injury and is not normally
or ordinarily raised as livestock or kept as a household pet including,
but not limited to, bears, coyotes, lions, tigers, leopards, jaguars,
cheetahs, cougars, wolves, nonhuman primates, any crossbreed of these
animals which have similar characteristics in appearance or features,
any animal of a species prohibited by Title 50, Code of Federal Regulations,
as amended, and any animal prohibited by the Common-wealth of Pennsylvania.
Exotic animals, however domesticated, shall also include, but not
be limited to:
Amphibians: all venomous frogs, toads, turtles and other similar
amphibians.
Bear (Ursidae): all bears including, but not limited to, grizzly
bears, brown bears, black bears and polar bears
Cat Family (Felidae): all except commonly accepted domestic
cats including, but not limited to, lions, pumas, panthers, mountain
lions, leopards, jaguars, ocelots, margays, tigers, bobcats, and wild
cats.
Crocodilians: all alligators, caimans, crocodiles, gavials and
other similar crocodilians.
Dog Family (Canidae): all except domesticated dogs including,
but not limited to, wolf, fox, coyote, dingo or offspring of domesticated
dogs bred with a wolf, fox, coyote and dingo.
Porcupine (Erethizontidae): all porcupines, skunks and other
members of the Erethizontidae family.
Primates (Hominidae): all sub-human primates.
Raccoons (Procynidae): all raccoons and civets.
Reptiles: all venomous and constricting snakes and all venomous
lizards.
Venomous Invertebrates: all venomous spiders and scorpions.
Any domestic cat, including all breeds of cat recognized
by the American Cat Fanciers Association, domestic dog, including
all breeds of dog recognized by the American Kennel Club, and any
other domestic animal normally and ordinarily kept in or permitted
to be at large in the dwelling of its owner. At no time shall this
term extend to and/or include any crossbreeds between domestic cats
and any other member of the family Felidae or any crossbreeds between
domestic dogs and any other member of the family Canidae.
To bring or to have transported into the Township.
Any domestic animal maintained or kept by persons within
the Township and shall include, but not be limited to, horses, cattle,
sheep, pigs, goats, donkeys, mules, but excluding cats and dogs.
When applied to the proprietorship of an exotic animal, includes
every person having a right of property in such exotic animal, and
every person who keeps or harbors such an exotic animal or has it
in his care, and every person who permits such an exotic animal to
remain on or about any premises occupied by him.
The detention and control, or the manual or ideal custody,
of anything which may be the subject of property, for one's use
and enjoyment, either as owner or as the proprietor of a qualified
right in it, and either held personally or by another who exercises
it in one's place and name. Possession includes the act or state
of possessing and that condition of facts under which one can exercise
his power over a corporeal thing at his pleasure to the exclusion
of all other persons. Possession includes constructive possession
which means not actual but assumed to exist, where one claims to hold
by virtue of some title, without having actual custody.
Being upon any public highway, street, alley, park, or other
public land, or upon property of another person other than the owner,
and not being accompanied by or under the control of the owner or
any person having custody of said exotic animal.
Bodily injury which creates a substantial risk of death or
which causes serious permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ.
To move from one place to another by any means whatsoever.
[Ord. 656, 4/9/2015]
1.
No person shall import, possess, own, breed, transport, or raise
any exotic animal within the Township. This provision shall not apply
to any public zoological park, nationally recognized circus, or public
scientific or educational institution which has the proper federal
and state permits and approvals and provides proper fences and other
protective devices adequate to prevent such animals from escaping
or injuring the public, or causing health hazards due to fecal matter,
or otherwise.
2.
Domesticated ferrets are permitted as household pets provided that
the following requirements are met:
A.
Domesticated ferrets shall be de-scented.
B.
Domesticated ferrets shall be spayed and neutered.
C.
Domesticated ferrets are to be vaccinated, except as provided herein.
Vaccination documents or a statement from a licensed veterinarian
advising against vaccination shall be furnished upon request.
D.
No breeding of domesticated ferrets is permitted.
E.
Domesticated ferrets are not to be running at large when outdoors.
3.
Vietnamese potbellied pigs are permitted as household pets provided
that the following requirements are met:
A.
The owner shall obtain a document from a licensed veterinarian or
a nationally recognized registry certifying that the pet is a Vietnamese
potbellied pig.
B.
No more than two Vietnamese potbellied pigs are permitted and shall
be primarily indoor pets.
C.
Vietnamese potbellied pigs shall be spayed and neutered.
D.
Vietnamese potbellied pigs are to be vaccinated, except as provided
herein. Vaccination documents or a statement from a licensed veterinarian
advising against vaccination shall be furnished upon request.
E.
No breeding of Vietnamese potbellied pigs is permitted.
F.
Vietnamese potbellied pigs are not to be running at large when outdoors.
[Ord. 656, 4/9/2015]
No person shall sell or offer for sale, adoption, exchange,
or transfer, with or without a charge, any exotic animal.
[Ord. 656, 4/9/2015]
Upon the receipt of a complaint by one or more persons alleging
the presence of a possible exotic animal, the Township Police Chief,
or his authorized designee, may investigate the complaint to determine
if, in fact, the animal is an exotic animal. Upon the determination
that an exotic animal is being maintained within the Township, the
Township Police Chief, or his authorized designee, shall contact the
Pennsylvania Game Commission for disposal of the exotic animal.
[Ord. 656, 4/9/2015]
Any violation of this Part that would also violate any state
law shall be prosecuted under the state law and not under this Part.
[Ord. 656, 4/9/2015]
Any person, firm, or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist and for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violations of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Manager, the Police Department, the Code
Official, the authorized designee of the Township Manager, and to
any other officer or agent that the Township Manager or the Board
of Supervisors shall deem appropriate.
