Borough of South Waverly, PA Article I Domestic Animals

§ 187-1 Running at large prohibited; exception.

A. No animal shall be permitted to run or range in or upon the streets, public places, Borough Park or open fields within the Borough limits unless on a leash. In addition, such animals must be kept within enclosures which are properly and adequately fenced, unless tied by line and halter for grazing. Exception: this provision of the chapter shall not apply to cats or service animals subject to the provisions in Subsection A(1).

[Amended 7-1-2019 by Ord. No. 7-1-19-02]

(1) No animals shall be allowed to run or range on Borough streets, public places, Borough Park, borough parking lot, adjoining sidewalk or right-of-way or open fields within the Borough limits, except that service animals may be permitted in the above areas, provided that they are restrained by a leash not exceeding six feet in length and led or controlled by a person capable of controlling the service animal. The person in control of the service animal shall be responsible for the removal of any feces deposited by the service animal in the in the areas designated above, specifically including the Borough Park, Borough parking lot, adjoining sidewalk or right-of-way. The feces shall not be disposed of on any of the designated areas, or in any Borough waste receptacle. (See also Ch. 395, Parks and Recreation Areas.)

(2) Service animals are not included in the definition of pets. Service animals are permitted in the Borough streets, public places, Borough Park, Borough parking lot, adjoining sidewalk or right-of-way or open fields within the Borough limits. "Service animal" means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Emotional support, well-being, comfort, or companionship do not constitute work for purposes of this definition, and accordingly, emotional support dogs are not permitted in the park.

(3) Any exception shall require written permission from Borough Council.

B. Under no circumstance shall rabbits, guinea pigs or hamsters be allowed to run at large, but they shall be kept confined in a suitable building with an enclosed and covered runway.

§ 187-2 Keeping and maintenance restricted.

A. It shall be unlawful for any person to keep or maintain any cattle, sheep or goats within the Borough limits.

B. It shall be unlawful for any person to keep or maintain any horse in the Borough unless he has at least two acres of land and the horse is maintained in an area that is 50 feet set back from any residential area abutting the property owner's boundary line and 100 feet from any residential building.

C. No person shall be permitted to keep or maintain any hog or pig in any pen, sty or other enclosure within the Borough limits.

D. It shall be unlawful for any person to keep or maintain any chickens, turkeys or any type of fowl with the Borough limits except for parakeets, canaries or parrot.

E. No person shall keep, harbor or maintain any domestic animals or fowl on any premises within the Borough limits in any manner which will cause unsanitary, insalubrious or offensive conditions to arise therefrom, nor shall any person harbor any animal or vermin whose natural actions and presence are or may be deleterious or harmful to the public health. The keeping of animals in excessive numbers that will cause unsanitary conditions is prohibited.

F. No person shall be permitted to keep or maintain a poisonous snake in any aquarium, pen or other enclosure within the Borough limits. However, persons shall be permitted to keep nonpoisonous snakes in an aquarium, pen or other enclosure within their home within the Borough limits.

§ 187-3 Permitted pets; exception.

A. Residents may keep cats, dogs, guinea pigs, hamsters, rabbits, canary, parrots and parakeets inside a dwelling and/or apartment.

B. No person shall keep or cause to be kept any mice or rats in any dwelling or apartment.

§ 187-4 Agricultural district exception.

The prohibition of § 187-2A, B and C shall not apply in the Agricultural District of the Borough where the raising of said animals shall be allowed.

§ 187-5 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Bradford County.