[Adopted 5-11-1998 by Ord.
No. 1073-98]
A.Â
This article is enacted to regulate the maintenance,
keeping or possession of animals within the City of Coatesville in order to
promote the health, safety and general welfare of its inhabitants.
B.Â
Where the provisions of this article impose greater restrictions
than those of any other statute, ordinance, regulation or resolution, the
provisions of this article shall be controlling. Where the provisions of any
other statute, ordinance, regulation or resolution impose greater restrictions
than this article, the provision of such other statute, ordinance, regulation
or resolution shall be controlling.
A.Â
ANIMAL
DOMESTIC ANIMAL
HOUSEHOLD PET
KEEPER
OFFICER
MENAGERIE
OWNER
PERSON
WILD ANIMAL
The following definitions shall apply in the interpretation
and enforcement of this article:
Any domestic animal or fowl, any wild animal or any household pet,
including birds, fish, reptiles and insects.
Any animal normally or ordinarily domesticated or raised in this
area or climate as livestock or for work or breeding purposes or normally
or ordinarily kept as a household pet.
Any dog, cat or other domestic animal normally and ordinarily kept
in or permitted to be at large in the dwelling of its owner.
Any person, firm or corporation owning or actually keeping, having,
using or maintaining any of the animals herein referred to.
Any police officer or duly appointed Animal Control Officer or Code
Enforcement Officer or his or her designee.
A collection of animals kept in cages or exhibition by a full-time
professional trainer.
Any person having a right of property or having custody of any animal,
or any person who harbors or permits an animal to remain on or around his
or her property.
Any person, firm, partnership, association or corporation.
Any animal, including bird, fowl, reptile or insect not normally
or ordinarily domesticated, not normally or ordinarily raised in this area
and climate as livestock or for work or breeding purposes, or not capable
of being kept as a household pet.
B.Â
In this article the singular shall include the plural,
the plural shall include the singular and the masculine shall include the
feminine.
Any person is permitted to maintain, keep or possess within the City of Coatesville, subject to the numerical limitations of § 72-32, any of the following animals, which classification shall be strictly construed:
Cage birds: (The term includes parakeets, parrots, canaries, finches,
lovebirds, myna birds and other birds ordinarily kept in cages in households;
it excludes wild birds captured or rescued and kept in cages, as well as poultry.)
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Cats
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Dogs
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Ferrets
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Frogs
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Gerbils
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Goldfish and carp
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Guinea pigs
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Hamsters
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Lizards
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Mice, white
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Rabbits, restricted to European-type rabbits commonly kept as pets
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Rats, white
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Salamanders, any tailed amphibian
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Snakes, nonpoisonous
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Toads
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Tropical fish, limited to those customarily maintained in a household
aquarium, except piranhas
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Turtles
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Vietnamese pot bellied pig
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It shall be unlawful for any person to keep any domestic animals, except
household pets, except as provided in this section:
A.Â
The keeper of every such animal shall confine the same
in an enclosure sufficient to prevent such animal from running at large, and
such enclosure shall be of a size and construction conducive to the animal's
health, and adequate sanitary drainage facilities shall be provided.
B.Â
Every keeper of any animal shall cause the litter and
droppings therefrom to be collected daily in a container or receptacle that
when closed shall be rat-proof and fly-tight and after every such collection
shall cause such container or receptacle to be kept closed. At least once
a week every such keeper shall cause all litter and droppings so collected
to be disposed of in such a manner as not to permit the presence of fly larvae.
C.Â
Every keeper of any animal shall cause all feed provided
therefor to be stored and kept in a ratproof and fly-tight building, box,
container or receptacle.
It shall be unlawful for any person to keep any household pet except
as provided in this section:
A.Â
If any such pet shall be kept in a dwelling owned or
occupied by its owner, such owner shall be required to follow such procedures
and practices as to the number of such pets to be kept there and as to sanitation
to ensure that no public nuisance shall be created or maintained and no threat
to the health of persons living in the dwelling or elsewhere than in such
dwelling shall be created.
Except for species of fish, it shall be unlawful to keep more than three
animals three months of age or older on any premises regardless of the number
of owners unless said premises is a zoo, petting zoo, menagerie, kennel, aviary,
cattery, pet shop or veterinary clinic which has received zoning approval
to operate as such, as well as the appropriate licenses and/or certifications
required for said operation.
The provisions of this article will be jointly shared by the Police
Department and the Codes Department as defined by "officer" in the definitions.
The officer is hereby authorized to enter upon any premises within the City
of Coatesville for the purpose of investigating possible violation(s) of this
article.
A.Â
The application for a permit for the keeping of more
than three animals from the permitted list 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)Â
The type and number of animals to be covered by the permit.
(2)Â
The purpose of keeping such animals.
(3)Â
The period of time for which the permit is requested.
(4)Â
A description of the quarters in which the animals will
be kept and the facilities for sanitation and disposal of animal wastes.
(5)Â
The circumstances, if any, under which the animals will
be removed from their quarters.
(6)Â
Biographical information about the applicant and any
other person to be placed in charge of the animals.
(7)Â
Such additional information as the officer may require.
B.Â
In addition to such verified information, the officer
shall consider all other relevant conditions, including but not limited to:
(1)Â
The odor emanating or likely to emanate from the premises
to persons off the premises.
(2)Â
The noise emanating or likely to emanate from the premises
to persons off the premises.
(3)Â
The attitudes of the applicant's neighbors to the proposed
permit.
(4)Â
The security with which the animals will be restrained.
(5)Â
Prior complaints regarding animals at the premises.
A.Â
The officer 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 officer
has approved the application, he/she shall issue the permit. The permit shall
be personal and not transferable and shall be issued for a calendar year or
part thereof. The officer shall also have the power to revoke the permit for
cause.
B.Â
The officer shall also have the power to make such rules
and regulations as he/she shall deem necessary to carry out the purposes of
this article. He/she shall be responsible to determine whether any person
is violating any provisions of this article or the rules and regulations adopted
hereunder. In making such determination the officer shall consider the following
standards:
(1)Â
All animals and animal quarters shall be kept in a clean
and sanitary condition with adequate ventilation.
(2)Â
The permittee shall use every reasonable precaution to
assure that the animals are not teased, abused, mistreated, annoyed, tormented
or in any manner made to suffer by any means.
(3)Â
Animals that are enemies by nature or are temperamentally
unsuited shall not be quartered together or so near each other as to cause
the animals fear or to be abused, tormented or annoyed.
(4)Â
Animals shall be maintained on the premises so as to
eliminate offensive odors or excessive noise.
(5)Â
Animals shall not permit any condition causing disturbance
of the peace and quiet of his/her neighbors.
(6)Â
Animals must be maintained in quarters so constructed
as to prevent their escape. The permittee assumes full responsibility for
recapturing any animal that escapes from his/her premises. The permittee shall
make adequate provisions and safeguards to protect the public from the animals.
(7)Â
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 City of Coatesville and the rules and regulations that
may accompany this article in any way connected with animals, specifically
including anticruelty laws.
(8)Â
Any and all animals must be kept healthy and free from
sickness and disease at all times. Should the officer question the health
of any animals, he/she shall have the authority to require an examination
of a doctor of veterinary medicine with such examination to be at the owner's
expense.
(9)Â
The permittee shall be responsible and liable for the
actions of all persons employed by or otherwise associated with him/her as
such actions relate to the permittee's obligation to comply with this article.
(10)Â
Every owner and occupant of a structure or property shall
be responsible for the extermination of insects, rodents, vermin or other
pests in all areas of the premises.
The applicant for any permit to exceed the limitation of permitted animals contained in § 72-32 shall at the time of his/her application pay to the City of Coatesville a nonrefundable fee of $50 to cover the costs of processing the permit application and the issuance of the permit. Upon issuance the permit shall be for the calendar year or part thereof and thereafter renewable for a like fee of $50 each calendar year or part thereof.
Any person who shall violate any provision of this article shall, upon
conviction thereof, be sentenced to pay a fine of not less than $50 and not
exceeding $600, plus costs, and, in default of payment, to undergo imprisonment
for a term not to exceed 30 days. Each prohibited animal and each animal in
excess of the maximum limit of animals shall constitute a separate violation,
and each day that a violation of this article continues shall constitute a
separate offense.