[Ord. 1980-5, 6/25/1980, § 1]
The following words and phrases, when used in this Part, shall
have the meaning subscribed to them in this Section, except where
the context clearly indicates or requires a different meaning:
Any person who or which owns, possesses, maintains, houses
or keeps any animal or animals within the Borough of Burnham whether
for compensation, as a pet or otherwise.
To suffer, allow, consent, let; to give, leave or license;
to acquiesce by failure to prevent, or to expressly accept or agree
to the doing of any act.
A natural person, partnership, corporation, fiduciary or
association. Whenever used in any section prescribing and imposing
a penalty, the term "person" as applied to any partnership, association
or other entity, shall also mean the partners or members thereof,
and as applied to corporations, the officers thereof.
[Ord. 1980-5, 6/25/1980, § 2]
It shall be unlawful for any animal owner to permit any dog,
cat, or other domesticated or any non-domesticated animal confined
to his, her or its premises to make repeated loud or harsh noises
or make a repeated disturbance which shall interfere with or deprive
the peace, quiet, rest or sleep of any person within the Borough of
Burnham. This Section shall apply irrespective of whether said animal
owner owns said premises or is the lessee thereof.
[Ord. 1980-5, 6/25/1980, § 3; as amended by Ord.
1995-2, 3/14/1995]
The Department of Ordinance Enforcement of Burnham shall, upon
receiving a complaint or information (excluding anonymous complaints
or information) that an animal owner is permitting an animal to do
any act prohibited by this Part, investigate the complaint or information
and, upon a finding of probable cause to believe that the animal owner
is in violation of this Part, issue or cause to be issued to such
animal owner a written warning which shall notify such animal owner
of the violation and that his or her animal shall be so controlled
as to prevent future violations of this Part.
[Ord. 1980-5, 6/25/1980, § 4; as amended by Ord.
1995-2, 3/14/1995]
The Department of Ordinance Enforcement shall maintain a record
of all warnings served pursuant to § 103 of this Part, and
upon receiving a second complaint or information (excluding anonymous
complaints or information) alleging a violation of this Part, investigate
the alleged violation. Upon a finding of probable cause to believe
that the animal owner has within a period of six months of a prior
violation once again violated this Part, summary proceedings shall
be initiated against such animal owner before a district justice.
[Ord. 1980-5, 6/25/1980, § 5; as amended by Ord.
1995-2, 3/14/1995]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
[Ord. No. 2015-2, 10/5/2015]
This Part may be cited as the "Burnham Borough Animal Ordinance."
[Ord. No. 2015-2, 10/5/2015]
The purpose of this Part is to provide regulations relating
to the keeping of animals on certain premises within the Borough,
the running at large of animals and in relation to the prohibition
of certain specified animals within the Borough of Burnham that are
wild or exotic or the keeping of farm or barnyard animals unless permitted
by applicable provisions of the Borough Zoning Ordinance. It is found
that the keeping of certain specified animals within the Borough,
unless otherwise permitted, the running "at large" of animals and
the keeping of permitted animal(s) in such a manner to permit the
animal(s) to habitually trespass upon or damage either private or
public property or that causes obstruction or injury to the rights
of another or that produces a material annoyance, inconvenience, discomfort
or hurt to another or the real or personal property of another, or
the keeping of specified permitted animals in an unhealthy and malodorous
place or environment is detrimental to the health and the general
welfare of the animals and the neighbors and objectively detrimental
to the health, safety, general welfare, cleanliness and beauty, convenience,
comfort and safety of the Borough and its residents.
[Ord. No. 2015-2, 10/5/2015]
This Part is adopted pursuant to the authority set forth in
the Borough Code, Act of April 18, 2014, P.L. 437 Act No. 37, Section
1, 8 Pa.C.S.A. Section 101, et seq. and, specifically Section 1202
(4), Section 1202 (5), and Sections 1202 (9) and 1202 (10), as such
may be amended and otherwise per law.
[Ord. No. 2015-2, 10/5/2015]
1.
ANIMAL
BOROUGH
DOMESTICATED ANIMAL
FARM OR BARNYARD ANIMAL
NUISANCE
ORDINANCE ENFORCEMENT DEPARTMENT
ORDINANCE ENFORCEMENT OFFICER
OWNER
PERSON
POLICE
WILD ANIMAL, EXOTIC ANIMAL, or WILD OR EXOTIC ANIMAL
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
The following terms shall have the meaning set forth hereinafter
for purposes of this Part:
When applied, it is to be construed in a broad sense to include
all species of living organisms, not including plant organisms and
humans, and including, but not necessarily limited to, mammals, birds,
fish, reptiles and amphibians, be it a dog, cat, bird, fowl, poultry,
horse, cow, sheep, goat or pig, be it wild, exotic, domesticated,
undomesticated, farm or barnyard animal.
The Borough of Burnham, Mifflin County, Pennsylvania.
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.
An animal typically held, kept, or maintained by farmers
or others as a work animal or for raising, slaughtering, or some other
farm function other than as a pet or domesticated animal. (For example,
farm or barnyard animals, include, but are not limited to, cows, sheep,
goats, swine or pigs [including "pot bellied pigs"], emus, peacocks,
ducks, geese and chickens and the like.)
The unreasonable, unwarrantable or unlawful use by a person
of his own property, whether real or personal, or by his/her/its personal
conduct, which is an obstruction or injury to the rights of others
or of the public and which produces material annoyance, inconvenience,
discomfort, or hurt to others.
The Department of Ordinance Enforcement or the Department
officers thereof.
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/her/its 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.
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.
Any police officer of the Mifflin County Regional Police
Department, or successor Department, a police officer of any other
Police Department with whom the Borough of Burnham has contracted
to enforce the laws of the Commonwealth of Pennsylvania and/or Borough
Ordinances within the Borough, the Pennsylvania State Police or such
other police officer with authority to enforce the ordinances of the
Borough of Burnham, State dog wardens, State or Mifflin County animal
control officers, and any other police officer authorized to enforce
laws, ordinances, statutes, rules, and regulations in the Borough
of Burnham.
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 and/or is fierce,
dangerous, noxious, or naturally inclined to do harm. "Wild animals,"
however domesticated, also shall include (but not be limited to) the
following:
Dog family: all except domesticated dogs, including (but not
limited to) wolf, fox, coyote, dingo, wolf hybrids, etc.
Cat family: all except commonly accepted domestic cats, including,
but not limited to, lions, pumas, panthers, mountain lions, leopards,
bobcats, tigers, lynx and the like, and to include commonly accepted
"wild cats."
Bears.
Raccoons and civets.
All porcupines.
Skunks.
All venomous and constricting snakes.
All venomous lizards.
All alligators, caimans, crocodiles, and the like.
All venomous fish and piranha.
All venomous invertebrates.
Deer.
Foxes.
Weasels: all, including (but not limited to) weasels, martens,
mink, wolverine, badgers, otters, ermine, mongoose, etc.; BUT excluding
ferrets.
[Ord. No. 2015-2, 10/5/2015]
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 Burnham, 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 not greater than six feet in length, and to prevent the animal
from entering upon the property of any person without the consent
of the owner of such property.
3.
It shall be the duty of the owner, custodian, or keeper of any animal,
and/or the parent or guardian of any minor owner, custodian, or keeper
of any animal, at all times to keep and maintain said permitted animal
in a clean and healthy environment, provide adequate food, water and
shelter and in a condition that is not unhealthy and malodorous such
that it is unhealthy for the animals or that it subjects the neighbors
and the public to noise and noxious odors as a result of the unclean
and unhealthy environment in which the animal is kept by the owner,
custodian, or keeper of any animal, and/or the parent or guardian
of any minor owner, custodian, or keeper of any animal.
4.
The police and/or the Ordinance Enforcement Department are hereby
authorized to impound any animal running at large in violation of
this Part. In the event such animal is licensed, the police or Ordinance
Enforcement Officer shall notify the owner of such animal as indicated
by any such license. If any such animal is not claimed by its owner
within three days, custody and control of said animal shall be relinquished
by the police and transferred to the State Dog Warden, if applicable,
or any other person with similar powers to deal with stray or lost
animals.
5.
Any person owning or having supervision, control or custody over
any animal that is running at large in violation of this Part shall,
in addition to the fine as hereinafter provided, be liable to the
Borough of Burnham for all costs incurred in the care of said animal
during the term of its retention by the Borough of Burnham, or its
police, or its Ordinance Enforcement Department, such costs being
set in the amount of $25 per day.
[Ord. No. 2015-2, 10/5/2015]
Except as may otherwise be permitted by applicable provisions
of the Borough Zoning Ordinance, as amended, it shall be unlawful
and no person shall keep any chicken, fowl, sheep, cow, goat, or any
other farm or barnyard animal, as defined hereinabove, at or on any
premises, place or property within the boundaries of the Borough.
[Ord. No. 2015-2, 10/5/2015]
Except as may otherwise be permitted by applicable provisions
of the Borough Zoning Ordinance, as amended, it shall be unlawful
and no person shall keep any wild or exotic animal, as defined hereinabove,
at or on any premises, place or property within the boundaries of
the Borough.
[Ord. No. 2015-2, 10/5/2015]
In addition to any other prohibition or restriction set forth
in this Part, it shall be unlawful for any person within the Borough
to keep on his/her or its property such number of animals that due
to the number of animals, together with the inability or failure of
the owner, custodian, or keeper of such animals, and/or the parent
or guardian of any minor owner, custodian, or keeper of such animals,
to properly keep, care for and maintain the same, conditions are then
created and existing that affect the health and welfare of the neighbors
and the public. In such case, a nuisance, as defined in this Part,
is created which materially and unlawfully damages and affects and
harms his/her/its neighbors and the public.
[Ord. No. 2015-2, 10/5/2015]
It shall be unlawful for any person to abandon or attempt to
abandon any animal within the Borough of Burnham.
[Ord. No. 2015-2, 10/5/2015]
Except as otherwise protected or permitted pursuant to Pennsylvania's
"Right to Farm Act," 3 P.S. § 951 et seq., as amended, or
other applicable law or regulation, it shall be unlawful and a nuisance
for any person to hold, keep, or maintain any animal in any fashion
that odor or insect infestation from or caused by such animal can
be detected outside the property boundary on which such animal is
held, kept, or maintained. Any person violating this Section shall
initially be given a written warning to correct the condition within
such time as reasonably determined to be necessary by the police or
ordinance Enforcement Officer, as applicable, based on the conditions
then existing on the property. Thereafter, if the condition is not
corrected, the person may be prosecuted for a second or any subsequent
violation.
[Ord. No. 2015-2, 10/5/2015]
It is found by the Borough of Burnham that a violation of any
of the provisions of this Part constitutes a public nuisance.
[Ord. No. 2015-2, 10/5/2015]
It is the intent of this Part that for a violation hereof to
constitute a public nuisance, there must be a "nuisance in fact."
[Ord. No. 2015-2, 10/5/2015]
This Part shall not be interpreted and enforced in such a way
that it would unreasonably interfere with any agricultural operation
to the extent prohibited by the applicable law of the Commonwealth
of Pennsylvania.
[Ord. No. 2015-2, 10/5/2015]
1.
Any person or persons who shall violate this Part shall in each case,
upon conviction thereof as a summary offense before a Magisterial
District Judge, be sentenced to pay a fine of not less than $300 nor
more than $1,000, together with the costs of prosecution, and costs
of reasonable attorneys' fees incurred by the Borough in the
enforcement proceedings, and in default of payment of said fine and
costs, shall be sentenced to a term of imprisonment not to exceed
30 days. Each day the condition or activity or activities continues
shall constitute a new offense.
2.
The imposition of any of the penalties provided in this Part shall
not preclude the Borough from instituting an appropriate action or
proceeding, including an action in equity brought in the Court of
Common Pleas, to abate and to prevent the continuation of the condition
or activities as set forth in this Part and such appropriate actions
and/or proceedings, including, but not limited to, an action in equity,
are hereby duly authorized by this Part.
[Ord. No. 2015-2, 10/5/2015]
In addition to the fines and penalties set forth in this Part,
the Borough of Burnham shall be entitled to the assessment of court
costs and reasonable attorneys' fees incurred in enforcing this
Part. The said court costs and reasonable attorneys' fees shall
be added to any fines and penalties set forth in this Part.
