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					                                           Chapter 2

                                            Animals


                                            Part 1
                                   Animal Control Ordinance

       §2-101. Purpose; Greater Restrictions to Control
       §2-102. Definitions
       §2-103. Kinds of Animals Permitted
       §2-104. Unlawful to Allow Permitted Animals to Run at Large
       §2-105. Seizure and Detention of Animals at Large; Notice Thereof; Penalty and
               Expenses of Detention
       §2-106. Disposition of Unclaimed Animals
       §2-107. Prohibited Animals

                                            Part 2
                                        Animal Nuisances

       §2-201.   Noise or Disturbance to Be Controlled
       §2-202.   Nuisances
       §2-203.   Limitation on Number of Animals
       §2-204.   Penalty for Violation
       §2-205.   Additional Enforcement Remedies




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       §2-101                                  Animals                                    §2-103

                                                Part 1

                                    Animal Control Ordinance


       §2-101. Purpose; Greater Restrictions to Control.
           1. This Part is enacted to regulate the maintenance, keeping or possession of
       animals within the Township of East Pennsboro in order to promote the health, safety
       and general welfare of its inhabitants.
           2. Where the provisions of this Part impose greater restrictions than those of any
       other statute, ordinance, regulation or resolution, the provisions of this Part shall be
       controlling. Where the provisions of any other statute, ordinance, regulation or
       resolution impose greater restrictions than this Part, the provisions of such other
       statute, ordinance, regulation or resolution shall be controlling.
       (Ord. 718-2006, 9/6/2006, §101)

       §2-102. Definitions.
           For the purpose of this Part the following terms shall be construed to have the
       meaning set forth in this Part, except in those instances where the text of the ordinance
       clearly indicates otherwise:
               Animal - any dog, cat, bird, fish, reptile, insect or other domesticated animal
           or any nondomesticated animal.
               Officer - any police officer, community service officer, or duly appointed animal
           control officer, Code Enforcement Officer or his/her designee. [Ord. 757-2009]
               Owner - any person having a right of property in any animal or having custody
           of any animal, or any person who harbors or permits any animal to remain on or
           around his or her property.
              Pet shop - any retail shop primarily in the business of selling animals and
           maintaining, keeping or possessing animals under the provisions of this Part.
               Running at large - being upon any public highway, street, alley, park, or any
           other public land, or upon property of another person other than the owner, and not
           being accompanied by or under the control of the owner or any other person having
           custody of said animal.
       (Ord. 718-2006, 9/6/2006, §102; as amended by Ord. 757-2009, 7/1/2009)

       §2-103. Kinds of Animals Permitted.
           Any person is permitted to maintain, keep or possess within certain zoning
       classifications of the Township of East Pennsboro and subject to the numerical
       limitations of §2-203, any of the following animals, which classification shall be strictly
       construed:
                A. In areas which have a zoning classification other than A-1 Agricultural:
                     (1) Cage birds. (The term includes parakeets, parrots, canaries, finches,
                love birds, myna birds and other birds ordinarily kept in cages in households;
                it excludes wild birds captured or rescued and kept in cages.)


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   §2-103                       Township of East Pennsboro                           §2-104

                (2) Cats (felis catus).
                (3) Dogs (canis familiaris), except dingoes.
                (4) Frogs (salientia).
                (5) Gerbils.
                (6) Goldfish and carp (cyprinidae).
                (7) Guinea pigs (cavia cutleri).
                (8) Hamsters (cricetus and mesocricetus).
               (9) Lizards (sauri), except those listed under animals prohibited in the
            Township.
               (10) Mice, white (mus musculus).
               (11) Rabbits, restricted to European-type rabbits (Oryctolagus cuniculus),
            commonly kept as pets.
               (12) Rats, white (rattus norvegicus).
               (13) Salamanders (any tailed amphibian).
               (14) Snakes, nonpoisonous and native to the Township of East Pennsboro.
               (15) Toads (salientia).
              (16) Tropical fish, limited to those customarily maintained in a household
            aquarium, except piranhas.
               (17) Turtles (chelonia).
            B. In areas which have a zoning classification of A-1 Agricultural:
                (1) All animals noted in paragraph .A above.
                (2) Cows (bos tarus), beef and dairy.
                (3) Goats (capra hircus).
                (4) Horses and ponies (equus caballus).
                (5) Poultry (ducks, chickens, swans, geese, turkeys, guinea fowl,
            pheasants, pea fowl and pigeons).
                (6) Sheep (ovis aries).
   (Ord. 718-2006, 9/6/2006, §103)

   §2-104. Unlawful to Allow Permitted Animals to Run at Large.
        It shall be unlawful for the owner, custodian or keeper of any permitted animals,
   to allow such animals to run at large at any time, either upon any of the streets, alleys
   or public grounds in the Township of East Pennsboro, or upon the property of another
   person other than the owner, custodian or keeper of such animals, unless accompanied
   by and under the immediate control of such owner, custodian or keeper. Any officer is
   hereby authorized and empowered to go upon any premises and enter any building to
   seize and detain any animals, which have been found running at large unaccompanied
   by the owner, custodian or keeper, when such officer is in immediate pursuit of any
   animal.
   (Ord. 718-2006, 9/6/2006, §104)



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       §2-105                                     Animals                                  §2-107

       §2-105. Seizure and Detention of Animals at Large; Notice Thereof; Penalty
       and Expenses of Detention.
            Any police officer of the Township of East Pennsboro or the Animal Enforcement
       Officer, as designated from time to time by the Commissioners, is hereby authorized to
       seize and detain any permitted animal running at large in violation of §2-103 of this
       Part, or any animal concerning which information shall have been received that such
       animal is or has been running at large. Any animal so seized shall be conveyed to the
       place designated by the Board of Township Commissioners as a pound. Notice of such
       seizure, either personally or by certified mail, shall be given to the person in whose
       name the license, if any, was procured, or his agent, to claim such animal within 3 days.
       In the event that the animal does not bear a proper license tag, immediate notice, either
       personally or by certified mail, shall be given by the officer, or his agent, if such owner
       is known. The owner of an animal so detained shall pay a penalty in an amount as
       established from time to time by resolution of the Board of Commissioners together
       with a boarding fee in an amount as established from time to time by the Board of
       Commissioners for each day of additional boarding. Such payment may be in addition
       to any fines and costs which may be related to prosecution and may further be in
       addition to any fees claimed by other animal control agencies.
       (Ord. 718-2006, 9/6/2006, §105; as amended by Ord. 757-2009, 7/1/2009)

       §2-106. Disposition of Unclaimed Animals.
           If, after 3 days of such notice as set forth in §2-104 of this Part, such animal has not
       been claimed, such officer shall dispose of such animal by some humane manner. Where
       the owner or agent of an unlicensed animal is not known, the officer shall dispose of
       such animal by some humane manner. No animal caught and detained shall be sold for
       the purpose of vivisection.
       (Ord. 718-2006, 9/6/2006, §106)

       §2-107. Prohibited Animals.
           No person is permitted to maintain, keep or possess any of the following animals,
       which classifications shall be broadly construed:
                A. All poisonous animals, including rear-fanged snakes.
               B. Apes: chimpanzees (pan), gibbons (hylobates), gorillas (gorilla), orangutans
           (pongo) and siamangs (symphalangus).
                C. Baboons (papio, mandrillus).
                D. Barracuda.
                E. Bears (ursidae).
                F.   Bison (bison bison).
                G. Cheetahs (acinonyx jubatus).
                H. Coatimundis (nasua).
                I.   Coyotes (canis latrans).
                J.   Crocodilians (crocodilia).
                K. Deer (Cervidae), includes all members of the deer family, for example,


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   §2-107                           Township of East Pennsboro                  §2-107

       white-tailed deer, elk, antelopes and moose.
             L.   Elephants (elephas and loxodonta).
             M. Foxes (vulpes and urocyon).
             N. Game cocks, i.e., fighting birds.
             O. Hippopotamuses (hippopotamidae).
             P.   Hyenas (hyaenidae).
             Q. Jaguars (panthera onca).
             R. Jaguarundis (herpai lurus).
             S.   Kinkajous (potos)
             T.   Leopards (panthera pardus).
             U. Lions (panthera leo).
             V. Lynxes (lynx).
             W. Margays (felis tigrina).
             X. Monkeys, old-world (cercopithecidae).
             Y. Ocelots (felis pardalis).
             Z.   Ostriches (struthio).
            AA. Otters (lutrinae).
            BB. Piranha fish (characidae).
          CC. Pumas (felis conoolor), also known as “cougars,” “mountain lions” and
       “panthers.”
            DD. Raccoons (procyon).
            EE. Rhinoceroses (rhinocerotidae).
            FF.   Sharks (class chondrichthyes).
            GG. Skunks (mephitinae).
            HH. Snakes (poisonous and not native to East Pennsboro Township).
            II.   Snow leopards (panthera uncia).
            JJ.   Swine (suidae).
            KK. Tigers (panthera tigris).
            LL.   Wolves (canis lupus).
            MM. All other animals not specifically enumerated in §2-102.
   (Ord. 718-2006, 9/6/2006, §107)




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       §2-201                                  Animals                                   §2-204

                                               Part 2

                                         Animal Nuisances


       §2-201.      Noise or Disturbance to Be Controlled.
           No person shall allow any animal to make any loud or harsh noise or disturbance
       continuously or incessantly for a period of 10 minutes or to make such noise intermit-
       tently for ½ hour or more to the disturbance of any person at any time of the day or
       night which shall interfere with or deprive the peace, quiet, rest or seep of any person
       within the township; provided, however, that at the time such animal is making such
       noise, no person is trespassing or threatening to trespass upon private property in or
       upon which the animal is situate or for any other legitimate cause which teased or
       provoked the animal.
       (Ord. 718-2006, 9/6/2006, §201)

       §2-202.      Nuisances.
           1. When not confined to the owner's premises, all animals must be under physical
       control of their owner or custodian and constrained at all times.
           2. No person owning, harboring, keeping or in charge of any animal shall cause,
       suffer or allow such animal to soil, defile, defecate on or commit any nuisance on any
       sidewalk, play area, park or any place where people congregate or walk or on any public
       property whatsoever or on any private property without the permission of the owner of
       said property. The restriction in this Part shall not apply to that portion of the street
       lying between the curb lines in any common thoroughfare, passageway or bypath, which
       shall be used to curb such animal under the following conditions:
             A.    The person who so curbs such animal shall immediately remove all feces
           deposited by such animal by any sanitary and reasonable manner.
              B.   The feces removed from the aforementioned designated area shall be
           disposed of in a sanitary manner by the person owning, harboring, keeping or in
           charge of any animal curbed in accordance with the provisions hereof.
       (Ord. 718-2006, 9/6/2006, §202)

       §2-203.      Limitation on Number of Animals.
           Except for species of fish, it shall be unlawful to keep more than four animals 6
       months of age or older on any premises, regardless of the number of owners; provided,
       however, that this Part shall not apply to any premises for which a kennel license has
       been obtained pursuant to the Dog Law of 1982, 3 P.S. §459-206 et seq., as the same
       may from time to time be supplemented or amended.
       (Ord. 718-2006, 9/6/2006, §203)

       §2-204.      Penalty for Violation.
           Any person, firm or corporation 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


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   §2-204                       Township of East Pennsboro                           §2-205

   exceed 30 days. Each day that a violation of this Part continues shall constitute a
   separate offense.
   (Ord. 718-2006, 9/6/2006, §204; as amended by Ord. 757-2009, 7/1/2009)

   §2-205.      Additional Enforcement Remedies.
        In addition, the officer 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 Part or any rules and regulations made pursuant hereto.
   (Ord. 718-2006, 9/6/2006, §205)




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