[Adopted 1-3-1966 by Ord. No. 1173]
This article is enacted to regulate the maintenance,
keeping or possession of animals within the Township of Abington in
order to promote the health, safety and general welfare of its inhabitants.
Where the provisions of this article impose greater restrictions than
those of any other ordinance or regulation or resolution, the provisions
of this article shall be controlling. Where the provisions of any
other ordinance (such as the Zoning Ordinance[1]), regulation or resolution impose greater restrictions
than this article, the provisions of such other ordinance, regulation
or resolution shall be controlling.
The following definitions shall apply in the
interpretation and enforcement of this article:
Shall be construed in a broad sense to include not only animals
so-called but also birds, fish, reptiles and insects.
Board of Animal Regulation.
A collection of animals not listed in § 58-10 of this article, kept in cages or enclosures for exhibition by a full-time professional trainer.
Any individual, partnership, association, corporation, estate
or trust, as well as all officers, agents, servants, employees or
others acting for any of the same, and shall be taken as applying
in the singular or plural, as the case may require.
A retail shop primarily in the business of selling animals and maintaining, keeping or possessing any animal for which a permit may be issued by the Board under § 58-12 hereof at any time during the calendar year or any part thereof.
A collection of animals not listed in § 58-10 hereof, maintained in a park or garden by an educational nonprofit or governmental corporation under the supervision of at least one professional zoologist.
Any person is permitted to maintain, keep or
possess within the Township of Abington any of the following animals,
which classifications shall be strictly construed:
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Cage birds, including parakeets, parrots, canaries,
finches, lovebirds, myna birds and other birds ordinarily kept in
cages in households, but excluding wild birds captured or rescued
and keep in cages.
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Cats (Felis catus)
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Cows (Bos taurus), beef and dairy, subject to
zoning
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Dogs (Canis familiaris), except dingoes
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Frogs (Salientia)
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Goats (Capra hircus), subject to zoning
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Goldfish and carp (Cyprinidae)
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Guinea pigs (Cavia cutleri)
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Hamsters (Cricetus and Mesocricetus)
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Horses and ponies (Equus caballus), subject
to zoning
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Lizards (Sauria), except those listed under
animals prohibited in the Township
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Mice, white (Mus musculus)
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Poultry (ducks, chickens, swans, geese, turkeys,
guinea fowl and pigeons kept for show or racing), subject to zoning
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Rabbits, restricted to European-type rabbits
(Oryctolagus cuniculus) commonly kept as pets or livestock
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Rats, white (Rattus norvegicus)
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Salamanders (any tailed amphibian)
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Sheep (Ovis aries), subject to zoning
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Snakes, nonpoisonous and native to the Township
of Abington
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Toads (Salientia)
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Tropical fish, limited to those customarily
maintained in a household aquarium, except piranhas
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Turtles (Chelonia)
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No person is permitted to maintain, keep or
possess within the Township of Abington any of the following animals,
which classifications shall be broadly construed:
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All poisonous animals, including rear-fanged
snakes
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Apes: chimpanzees (Pan), gibbons (Hylobates),
gorillas (Gorilla), orangutans (Pongo) and siamangs (Symphalangus)
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Baboons (Papio, Mandrillus)
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Bears (Ursidae)
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Bison (Bison bison)
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Cheetahs (Acinonyx jubatus)
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Coyotes (Canis latrans)
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Crocodilians (Crocodilia) 30 inches in length
or more
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Constrictor snakes six feet in length or more
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Deer (Cervidae); includes all members of the
deer family, for example, white-tailed deer, elk, antelopes, moose
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Elephants (Elephas and Loxodonta)
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Game cocks, i.e., fighting birds
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Hippopotamuses (Hippopotamidae)
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Hyenas (Hyaenidae)
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Jaguars (Panthera onca)
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Leopards (Panthera pardus)
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Lions (Panthera leo)
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Lynxes (Lynx)
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Monkeys, old-world (Cercopithecidae)
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Ostriches (Struthio)
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Piranha fish (Characidae)
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Pumas (Felis concolor), also known as cougars,
mountain lions and painters
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Rhinoceroses (Rhinocerotidae)
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Sharks (class chondrichthyes)
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Snow leopards (Panthera uncia)
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Swine (Suidae)
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Tigers (Panthera tigris)
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Wolves (Canis lupus)
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A.
No person other than a registered veterinarian in the course of professional duties is permitted to maintain, keep or possess within the Township of Abington any animal not specifically mentioned in § 58-10 hereof unless application for a permit shall have been made by such person to the Board of Animal Regulation and a permit shall have been issued therefor. Among such animals for which a permit may be issued by the Board are the following:
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Coatimundis (Nasua)
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Crocodilians (Crocodilia) under 30 inches in
length; includes baby alligators and caimans
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Eagles (Aquila and Haliaeetus), subject to state
and federal laws
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Falcons (Falconidae), subject to state and federal
laws
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Foxes (Vulpes and Urocyon)
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Iguanas (Iguanidae)
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Jaguarundis (Herpailurus)
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Kinkajous (Potos)
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Margays (Felis tigrina)
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Monkeys: white-throated capuchins and other
Cebus monkeys, night monkeys or douroucoulis (Aotes), marmosets (Callimico,
Callithrix and Leontocebus), squirrel monkeys (Saimiri) and woolly
monkeys (Lagothrix)
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Ocelots (Felis pardalis)
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Otters (Lutrinae)
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Raccoons (Procyon)
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Skunks (Mephitinae)
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Snakes, nonpoisonous and not native to the Township
of Abington, including pythons and boas under six feet in length
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B.
The application for a permit shall have attached thereto
a registered veterinarian's health certificate for each animal to
be covered by the permit, shall be verified by an affidavit and shall
set forth the following:
(1)
Type and number of animals to be covered by the permit.
(2)
Purpose of keeping such animals.
(3)
Period for which permit is requested.
(4)
Description of the quarters in which the animals will
be kept, including plans and specifications thereof where appropriate.
(5)
Circumstances, if any, under which the animals will
be removed from quarters.
(6)
Biographical information of applicant and any other
person to be placed in charge of the animals, with particular emphasis
on the knowledge of such persons about the animals in question and
experience of such persons in handling the animals in question.
(7)
Such additional information as the Board of Animal
Regulation may require.
A.
The Board of Township Commissioners shall appoint
a Board of Animal Regulation consisting of three or more members.
This Board shall have the power to review or cause to be reviewed
each application for a permit and may either approve or reject such
application or require modification of the application. When the Board
has approved the application, the Township Secretary shall issue the
permit. The permit shall be personal and not transferable and shall
be issued for a calendar year or part thereof. The Secretary, on advise
of the Board, shall also have the power to revoke a permit.
B.
The Board shall also have the power, with the consent
of the Township Commissioners, to make such rules and regulations
as it shall deem necessary to carry out the purpose of this article,
and, on request of the Township Secretary, to determine whether any
person is violating any provisions of this article or the rules and
regulations adopted hereunder. In making such determination, the Board
shall consider the following standards:
(1)
All animals and animal quarters shall be kept in a
clean and sanitary condition. Adequate ventilation shall be maintained.
(2)
Permittee shall use every reasonable precaution to
ensure that animals are not teased, abused, mistreated, annoyed, tormented
or in any manner made to suffer by any person or by any means.
(3)
Animals which are enemies by nature or are temperamentally
unsuited shall not be quartered together or so near each other as
to cause animals fear or to be abused, tormented or annoyed.
(4)
Permittee shall maintain premises so as to eliminate
offensive odors or excessive noise.
(5)
Permittee shall not permit any condition causing disturbance
of peace and quiet of the permittee's neighbors.
(6)
Animals must be maintained in quarters so constructed
as to prevent their escape. Permittee assumes full responsibility
for recapturing any animal that escapes from the permittee's premises.
Permittee shall make adequate provisions and safeguards to protect
the public from the animals.
(7)
Every person shall conform to all present and future
laws of the Commonwealth of Pennsylvania and the United States of
America, the ordinances of the Township and the rules and regulations
of the Board in any way connected with animals, including specifically
anticruelty laws.
The Board of Animal Regulation may approve a permit for a permanent zoological garden or a menagerie, limiting the latter to no more than one month in any one calendar year, which includes animals otherwise prohibited under § 58-11 hereof, provided that:
A.
The Board is satisfied that the applicant and all
other persons placed in charge of such animals are experts in their
knowledge of the care and handling of such animals.
B.
The highest standards are applied in safeguarding
the public and no human being lives or resides within 100 feet of
the quarters in which the animals will be kept.
C.
Applicant provides the Board with a certificate of
public liability insurance in form and amount satisfactory to the
Board, issued by a carrier satisfactory to the Board.
The applicant for any permit hereunder shall,
at the time of application, pay to the Township the following fees:
A.
Pet shop or zoological garden, $25 for each calendar
year or part thereof. There will be no charge for a traveling educational
exhibit maintained by an established Humane Society or zoological
garden.
B.
Menagerie, $50 plus an additional $10 per day for
the duration of the permit.
C.
All other applicants, $2.50 for the first calendar
year or part thereof, renewable thereafter for a fee of $1 each calendar
year or part thereof.
Any person who violates any provisions of this
article or of any rules and regulations made pursuant hereto shall
be liable for each offense, upon conviction before any District Justice,
to a fine of not more than $300, together with the costs of prosecution,
and in default of payment of such fine and costs, to undergo commitment
to the Township lockup for a period not exceeding five days or to
the county jail for a period not exceeding 30 days, and each day's
failure to comply with any such provision shall constitute a separate
violation. In addition, the Township may institute any appropriate
action or proceeding, whether by legal process or otherwise, to restrain,
correct or abate a continuing violation of any provision of this article
or of any rules and regulations made pursuant hereto.
