[Ord. No. 1186, 5/11/2017[1]]
As used in this Part, singular words shall include the plural, masculine words shall include the feminine and neuter, and the following terms shall mean as follows:
ANIMAL
A dog; cat; bird; fowl; poultry; fish; reptile; hare; rabbit; mink; pet; members of the equine, bovine, ovine and porcine species; and wild, exotic, domesticated, undomesticated, farm, barnyard, and any other type of animal.
BOROUGH
The Borough of Shillington, Berks County, Pennsylvania.
DOMESTICATED ANIMAL
An animal typically domesticated by man so as to live and breed in a tame condition, especially by generations of breeding to live in close association with humans as a pet or work animal and usually creating a dependency so that the animal loses its ability to live in the wild.
FARM OR BARNYARD ANIMAL
An animal typically held, kept, or maintained by farmers as a work animal or for raising, slaughtering, or some other farm function other than a pet or domesticated animal.
OWNER
When applied to the proprietorship of an animal, shall include every person having a right of property in such animal; every person who keeps or harbors such animal or has it in his care; every person who permits such animal to remain on or about any premises occupied by such person; and in the case of a minor, the parent or guardian of any such minor owner.
PERSON
An individual or entity of any kind including, but not limited to, corporations; limited liability companies; partnerships; associations; officers, employees, and members of all entities; and in the case of a minor individual, the parent or guardian of any such minor individual.
POLICE
Any police officer of the Shillington Police Department, State Dog Wardens, state or Shillington Borough animal control officers, and any other police officer authorized to enforce laws, ordinances, statutes, rules, and regulations in the Borough of Shillington.
WILD ANIMAL, EXOTIC ANIMAL, or WILD OR EXOTIC ANIMAL
Any animal of a species prohibited by Title 50, Code of Federal Regulations, or otherwise controlled by the Commonwealth of Pennsylvania including, but not limited to, any animal that is wild, fierce, dangerous, noxious, or naturally inclined to do harm. Wild animals, however domesticated, also shall include (but not be limited to) the following:
1. 
Dog family (Canidea): All except domesticated dogs, including (but not limited to) wolf, fox, coyote, dingo, wolf hybrids, etc.
2. 
Cat family (Felidea): All except commonly accepted domestic cats, including (but not limited to) lions, pumas, panthers, mountain lions, leopards, jaguars, ocelots, margays, tigers, wild cats, etc.
3. 
Bears (Ursidea): All bears, including (but not limited to) grizzly bears, brown bears, black bears, etc.
4. 
Weasels (Mustelidea): All, including (but not limited to) weasels, martens, mink, wolverine, badgers, otters, ermine, mongoose, etc.; BUT excluding ferrets.
5. 
Raccoons (Procynniddae): All raccoons and civets.
6. 
Porcupine (Erethizontidae): All porcupines.
7. 
Skunks.
8. 
Snakes: All venomous and constricting snakes.
9. 
Venomous lizards.
10. 
Crocodillians: All alligators, caimans, crocodiles, gavials, etc.
11. 
Venomous fish and piranha.
12. 
Venomous invertebrates.
[1]
Editor's Note: This ordinance also repealed former Ch. 2, Animals, which consisted of Part 1, Subpart A, adopted by Ord. No. 539, 7/17/1970; Subpart B, adopted by Ord. No. 217, 6/2/1939; Part 2, adopted by Ord. No. 1031, 3/10/2005; and Part 3, adopted by Ord. No. 560, 4/8/1971.
[Ord. No. 1186, 5/11/2017]
1. 
It shall be the duty of the owner, custodian, or keeper of any animal, and the duty of the parent or guardian of any minor owner, custodian, or keeper of any animal, to keep the animal securely tied or penned in a yard or enclosure in such a manner that the animal cannot break loose and run at large over the streets, alleys, sidewalks, or public grounds in the Borough of Shillington, or upon the property of any person other than the owner, custodian, or keeper of such animal. It shall be unlawful for any owner, custodian, or keeper of any animal, and the parent or guardian of any minor owner, custodian, or keeper of any animal, to allow or permit such animal, whether due to failure to adequately secure such animal or otherwise, to run at large upon the public streets of the Borough, upon the private property of any person, or upon property other than the property belonging to any owner of such animal, or the person under whose supervision, control, or custody such animal is being kept.
2. 
It also shall be the duty of the owner, custodian, or keeper of any animal, and the parent or guardian of any minor owner, custodian, or keeper of any animal at all times while traveling on the streets, alleys, or public grounds in the Borough, to have the animal on a leash and to prevent the animal from entering upon the property of any person without the consent of the owner of such property.
A. 
Impounding of Animals Running at Large. The police are hereby authorized to impound any animal as set forth in § 2-102 of this Part. In the event such animal is licensed, the Police shall notify the owner of such animal as indicated by any such license. Custody and control of said animal shall be relinquished by the Police and transferred to the State Dog Warden, or any other person with similar powers to deal with stray or lost animals.
B. 
Payment for Care of Animals in Addition to Fine. Any person owning or having supervision, control or custody over any animal that is running at large in violation of § 2-102 of this Part shall, in addition to the fine as hereinafter provided, be liable to the Borough of Shillington for any costs incurred while said animal is in the custody of the police.
[Ord. No. 1186, 5/11/2017]
1. 
It shall be unlawful for any person to keep or harbor any animal that habitually barks, howls, yelps, cries, or otherwise makes noise in such a manner as to materially disturb or annoy any person in the surrounding neighborhood, and such animal exhibiting the aforementioned behavior is hereby declared to be a public nuisance.
A. 
"Habitually" as used in this Part is hereby defined to include (but not be limited to) for more than any 1/2 hour time period from 8:00 a.m. to 8:00 p.m.; or for more than 15 minutes after 8:00 p.m. or before 8:00 a.m. on weekdays or after 8:00 p.m. or before 9:00 a.m. on weekends and holidays, which periods occur on two or more consecutive days or nights, or which occur three or more days or nights in any seven-day period.
[Ord. No. 1186, 5/11/2017]
It shall be unlawful for the owner, handler, custodian, or keeper of any animal (except for horses or mules lawfully traveling on public roads or streets) to allow any such animal under such person's control to defile or defecate on any sidewalk, walkway, roadway, street, or property of another person. It shall be the duty of such owner, handler, custodian, or keeper of any animal (except for horses or mules lawfully traveling on public roads or streets) that defecates on any sidewalk, walkway, roadway, street, or property of another to promptly clean up and remove all feces discharged and to dispose of such feces in a lawful and sanitary manner.
[Ord. No. 1186, 5/11/2017]
1. 
Except as otherwise noted herein, no person shall keep any chicken, fowl, sheep, cow, goat, pig, horse, steer, buffalo or any other farm or barnyard animal that is not normally domesticated, at any place within the Borough.
A. 
Under the following conditions, it is hereby permissible for a person to keep an American mini pig at any place within the Borough. It shall be the duty of the owner, custodian, or keeper of any American mini pig, and the parent or guardian of any minor owner, custodian, or keeper of any American mini pig to comply with the following:
(1) 
Limit of one American mini pig per residence or household.
(2) 
Proof of neutering or spaying from a certified veterinarian shall be provided to the Borough.
(3) 
The American mini pig must primarily reside in the interior of the residence.
(4) 
No outdoor permanent, structural pens or holding facilities.
(5) 
Any residence must have a fenced-in yard or space if the American mini pig must go outside for temporary time frames.
(6) 
The American mini pig shall be registered with the Borough and proof of all the aforesaid conditions be provided prior to residing within the Borough.
[Ord. No. 1186, 5/11/2017]
It shall be unlawful for any person to keep, maintain, own, or have in such person's possession or control within the Borough any vicious, dangerous, or carnivorous animal, or any wild animal or exotic animal; provided, however, that any of the foregoing described animals may be held, kept, or maintained by any police, zoological park, veterinary hospital or clinic, humane society, circus, sideshow, amusement show, or facility used for educational or scientific purposes, but only provided that proper cages, fences, and other protective devices adequate to prevent such animals from escaping or injuring the public are utilized by such persons or entities.
[Ord. No. 1186, 5/11/2017]
In addition to and concurrent with any other prohibition in this Part, it shall be unlawful for any person within the Borough to keep more than five animals within the Borough, with the exception that an excess of five animals shall be permitted for a period not exceeding six months after the birth of newborn animals. For purposes of this section, the term "animals" shall not include fish. The keeping of more than five animals, however, shall be permitted under the following circumstances. Animals kept or maintained on more than five acres of ground, which ground is held under common ownership; animals held, kept or maintained for the purpose of public auction; animals held, kept, or maintained by a retail pet store for the purpose of retail sales; or animals held, kept, or maintained in accordance with the Borough's applicable zoning ordinance provisions.
[Ord. No. 1186, 5/11/2017]
It shall be unlawful for any person to abandon or attempt to abandon any animal within the Borough.
[Ord. No. 1186, 5/11/2017]
Except as otherwise protected or permitted pursuant to Pennsylvania's Right to Farm Law, 3 P.S. § 951 et seq., or other applicable law, it shall be unlawful for any person to hold, keep, or maintain any animal in any fashion that odor or infestation from or caused by such animal can be detected outside the property on which such animal is held, kept, or maintained. Any person violating this section shall only be warned for the first violation, but may be prosecuted for a second or any subsequent violation.
[Ord. No. 1186, 5/11/2017]
1. 
Method of Serving Notice. Prior to the issuance of a citation for a violation of this Part, it shall be necessary to serve written notice upon the animal owner in one of the following ways:
A. 
By mailing a copy of the notice to the animal owner by certified mail, return receipt requested.
B. 
By personal delivery of the notice to the animal owner. The owner shall sign a copy of the notice to be retained by the Borough.
C. 
By handing a copy of the notice at the residence of the animal owner to an adult member of the family with which the owner resides; but if no adult member of the family is found, then to an adult person in charge of such residence. Said adult shall sign a copy of the notice to be retained by the Borough.
2. 
Content of Notice. The notice shall set forth:
A. 
The name and address of the animal owner, if known.
B. 
The nature and extent of the violation of the offense.
C. 
The period of time over which the nuisance has occurred.
D. 
The identity of the person giving notice.
E. 
The date and time of sending the notice.
F. 
A statement to the effect that a complaint may be filed with the District Justice if the nuisance is not abated within 24 hours of the time the notice is given the animal owner.
3. 
Duration of Notice. Any notice given pursuant to this section shall be valid for a period of six months; within six months, no additional notice need be given to a complaint being filed with a District Justice.
[Ord. No. 1186, 5/11/2017]
The police shall be charged with the responsibility to enforce the provisions of this Part, and shall perform all other duties that may be prescribed by the Borough Council with respect to this Part. Any violators of this Part may be prosecuted before any Magisterial District Justice or any other court of competent jurisdiction. In addition to and concurrent with any and all other enforcement remedies in this Part or otherwise, the Borough may bring civil actions at law, equity, or otherwise to enforce this part, in which case the violator of this Part shall pay all attorney fees, costs, and expenses incurred by said Borough to enforce this Part.
[Ord. No. 1186, 5/11/2017]
Any person who shall violate any provision of this Part, upon conviction thereof, shall 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 Part continues shall constitute a separate offense.
[Ord. No. 1186, 5/11/2017]
In addition to any other remedies provided in this Part, any violations of the provisions of this Part shall constitute a nuisance, and may be ceased and abated by the Borough by seeking equitable or other relief from a Court of competent jurisdiction.
[Ord. No. 1186, 5/11/2017]
The provisions of this Part shall not apply to certified service dogs.