ORDINANCE NO.  __2006-4__

SOUTH  FRANKLIN TOWNSHIP
OF
WASHINGTON COUNTY,  PA

AN ORDINANCE OF SOUTH FRANKLIN TOWNSHIP, WASHINGTON COUNTY, PENNSYLVANIA,  PROHIBITING THE KEEPING OF CERTAIN ANIMALS AND PRESCRIBING PENALTIES, THE SEIZING OF ANIMALS, AND/OR REQUESTING INJUCTIVE RELIEF FOR VIOLATIONS OF THIS ORDINANCE.

          WHEREAS,  South Franklin Township Board of Supervisors determined that it is in the best interests of the residents of South Franklin Township to prohibit the keeping of certain animals and prescribing penalties for violations of the same within South Franklin Township; and
WHEREAS, it is the intent of the South Franklin Township Board of Supervisors  to protect the public against health and safety risks that exotic animals pose to the community and to protect the welfare of the animal; and
WHEREAS,  the South Franklin Township Board of Supervisors understand that exotic animals, by their nature, are wild and potentially dangerous and, as such, may not adjust well to a captive environment.
NOW THEREFORE, be it ordained and enacted by the Board of Supervisors of South Franklin Township, and it is HEREBY ORDAINED AND ENACTED AS FOLLOWS:
SECTION 1 – DEFINITIONS:
Exotic Animal:  any animal that is not normally domesticated in the United States or is wild by nature. Exotic Animals include, but are not limited to, any or all of the following orders and families, whether bred in the wild or in captivity, and also any or all of their hybrids with domestic species.  The animals listed in parentheses are intended to act as examples and are not be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified.
A.      Non-human primates and prosimians (monkeys, chimpanzees, baboons)
B.       Felidae (lions, tigers, bobcats, cougars, leopards, jaguars, mountain lions and non-domesticated cats)
C.      Canidae (wolves, coyotes, foxes, jackals, not domesticated dogs);
D.      Ursidae (all bears);
E.       Reptilia (all venomous snakes);
F.       Crocodilia (alligators, crocodiles and caiman);
G.      Proboscidae (elephants);
H.      Hyaeidae (hyenas);
I.       Artiodactyla (hippopotamuses, giraffes, camels, but not cattle, buffalo, swine, sheep, lamas, & alpaca or goats);
J.       Procyonidae (raccoons, coatis);
K.      Marsupialia (kangaroos, opossums);
L.       Persissodactyla (rhinoceroses, tapirs, but not horses, donkeys or mules);
M.      Edentata (anteaters, sloths, armadillos);
N.      Viverridae (Mongooses, civets and genets)

          SECTION 2 – KEEPING OF EXOTIC ANIMALS PROHIBITED:

          A.      It shall be unlawful for any person to own, possess, keep, harbor, bring or have in one’s possession an exotic animal(s) within township limits.

          B.       It shall be unlawful for the owner, possessor, or any other person in control of a lot, tract, or parcel of land within township limits or any residence or business premises situated thereon to knowingly permit any other person to be in possession of an exotic animal upon the property, residence or premises.

          C.       No animal located in the township prior to the enactment of this Ordinance shall be exempt from the provisions of this Ordinance.

SECTION 3 – VIOLATIONS, PENALTIES, SEIZING & INJUNCTIVE RELIEF;

          A.      Any person, firm or corporation who shall violate any provision of this Ordinance upon conviction thereof, in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $ 150.00 and not more than $1,000.00, plus costs and, in default of a payment of said fine and costs, to a term of imprisonment not to exceed  thirty (30) days. Each day that a violation of this Ordinance continues or each section of this Ordinance which shall be found to have been violated shall constitute a separate offense.
B.       In addition to the foregoing, the Township may, at its sole discretion, cause to be seized any animal which is located in South Franklin Township in violation of this ordinance. Furthermore, the Township may seek injunctive relief in the Court of Common Pleas of Washington County requiring any animal located in South Franklin Township in violation of this ordinance be removed.  These remedies available to the Township are not mutually exclusive and the Township may, at its sole discretion, fine any person, cause to be seized any animal and/or request injunctive relief regarding the same for violations of this ordinance.

SECTION 4 – EXEMPTIONS:

The provisions of this ordinance shall not apply to:
(1). Institutions accredited by the American Zoo and Aquarium Association;
(2). Licensed Humane Societies;
(3). Animal Control Officers;
(4). Licensed veterinary hospitals or clinics.

SECTION 5- REPEALER:
That any Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of said inconsistency.

SECTION 6 – EFECTIVE DATE:
This Ordinance shall become effective immediately upon passage, or as otherwise allowed by law, whichever is earlier.

ORDAINED AND ENACTED THIS 21th DAY OF DECEMBER, 2006.
BOARD OF SUPERVISORS
OF SOUTH FRANKLIN TOWNSHIP