DOGS AND OTHER ANIMALS CHAPTER 106 ARTICLE I DOGS

DOGS AND OTHER ANIMALS CHAPTER 106 ARTICLE I DOGS 106-1. Definitions 106-2. Animal Warden; Duties 106-3. License Required 106-4. Compliance Required 106-5. Application for License and Registration Tag; Fees; Immunization 106-6. Running at Large 106-7. Noise by Dogs 106-7.1 Nuisances By Dogs 106-8. Animal Shelter 106-9. Impoundment of Dogs; Registry 106-10. Right of Entry 106-11. Quarantine of Certain Dogs 106-12. Noise of Impoundment 106-13. Disposition of Unclaimed Dogs; Charges 106-14. Interference with Authorities 106-15. Disposal of Dead Animals 106-16. Canvass of Dogs 106-17. Vicious Dogs 106-18. Care of Animals; Violations ARTICLE II ANIMALS AND FOWL 106.19. Definitions 106-20. Offensive Odors 106-21. Conditions of Stables 106-22. Harboring in Dwellings; Running at Large 106-23. Disposal of Manure; Manure Pits 106-24. Commercial Slaughterhouses Prohibited 106-25. Age Restrictions for Animals Being Slaughtered 106-26. Keeping of Poultry 106-27. Kennel Permits 106-28. Breeding Permits ARTICLE III PIGS 106-29. Keeping of Pigs Within Borough -10601-

106-30. Immunization Required LINCOLN PARK CODE ARTICLE IV CATS GENERAL REFERENCES Dogs at Lincoln Park Lake See Ch. 154-6B 106-1. DEFINITIONS: ARTICLE I DOGS For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section: ANIMAL CONTROL OFFICER A certified Municipal Animal Control Officer, or in the absence of such an Officer, the Chief of Police or his designee. ANIMAL WARDEN The person from time to time holding the position of Animal Warden in the Borough and any deputy, assistant or helper of such Warden and any Police Officer and any person designated from time to time as Acting Animal Warden by the Health Department Director. AT LARGE Off the premises of the owner and not under the control of the owner and not under the control of a member of his immediate family by leash, cord or chain or otherwise, as in the case of dogs trained to obedience. DEPARTMENT The Health Department of the Borough of Lincoln Park DOG Any dog or dog hybrid. DOGS OF LICENSING AGE Any dog which has reached the age of six (6) months. KENNEL Any building, yard, enclosure, premises, lot or grounds used for the keeping, raising, selling, breeding or boarding of five (5) or more dogs or cats. OWNER Any person, partnership, firm, association or corporation owning, keeping or harboring a dog. POTENTIALLY DANGEROUS DOG Any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to N.J.S.A.4:19-23 and/or this Chapter. -10602- DOGS AND OTHER ANIMALS

SHELTER An establishment maintained and operated by the Borough or under contract to the Borough for the confinement of animals seized under the provisions of this Article. VICIOUS DOG Any dog or dog hybrid declared vicious by a Municipal Court pursuant to N.J.S.A.4:19-23 and/or this Chapter. 106-2. ANIMAL WARDEN; DUTIES: A. Eligibility, The Animal Warden shall be an employee of the Borough or an employee of a contracting agency engaged by the Borough and subject to the control and direction of the Health Director or his representative. B. Duty Generally. The duty of the Animal Warden shall be the enforcement of the measures and provisions for the control of dogs contained in N.J.S.A. 4:19-15.1 through 19-15.29, and any amendments thereto, and the provisions of this Article. 106-3. LICENSE REQUIRED: No person shall keep, harbor or maintain a dog without first obtaining a license therefore, such license to be issued by the Health Department of the Borough upon application by the owner, or by some person on behalf of the owner, and payment of the prescribed fee. 106-4. COMPLIANCE REQUIRED: No person shall keep or harbor any dog in the Borough except in compliance with the provisions of this Article and provisions for the control of dogs contained in N.J.S.A. 4:19-15.1 through 19:15.29, and any amendments thereto. 106-5. APPLICATION FOR LICENSE AND REGISTRATION TAG; FEES; IMMUNIZATION: A. Application; renewal; registration tag; fee. Any person who shall own, keep or harbor or suffer the keeping or harboring of any dog of licensing age within the Borough shall, in the month of January and annually thereafter, apply for and procure from the Health Department, a license and official registration tag securely fastened thereto. All fees shall be in accordance with Chapter 139, Health Department, Fee Schedule, Section 139-5, Dogs and Other Animals. All fees shall be waived for guide dogs commonly known as "Seeing Eye" or "Hearing Ear" dogs. -10603- LINCOLN PARK CODE B. Application date. The owner of any dog; which shall attain licensing age shall make application for such license and registration within ten (10) days of such date.

C. Replacement fee. A charge of one dollar ($1.) shall be made for the replacement of a lost tag. D. Licenses issued elsewhere. Dog licenses issued by another municipality shall be accepted until the expiration date for new residents as evidence of compliance with this Article. E. Immunization. At the time of acquiring the license and registration tag, the applicant shall present proof that the dog has been immunized against rabies to cover the period of licensing. 106-6. RUNNING AT LARGE: No person owning, keeping or harboring any dog shall suffer or permit such dog to run at large. 106-7. NOISE BY DOGS: No person shall keep, within any section of the Borough, any dog causing a nuisance and disturbing the peace and quiet of the neighborhood in which it shall be kept by howling and barking. 106-7.1 NUISANCES BY DOGS A. Defecation on public property prohibited. No person owning, keeping, harboring or exercising control over any dog shall suffer or permit it to soil, defile, defecate upon or commit any nuisance in or upon any public street, pathway, sidewalk, public property, or any place open to the public. B. Defecation on owner s property. No person owning, keeping, harboring or exercising control over any dog shall permit or suffer the accumulation of dog feces or other bodily waste upon any property owned, occupied or controlled by such person, to the extent that any odor emanating from said feces or bodily waste may be noticeable to any person on adjoining property or a public street. C. Removal of defecation. Any person owning, keeping, harboring or exercising control over any dog which soils, defiles, defecates upon or commits any nuisance in or upon private property or any public street, pathway, sidewalk, property, or place open to the public, -10604- DOGS AND OTHER ANIMALS shall immediately remove all feces or other bodily waste deposited by such dog in a sanitary manner. Removal shall be accomplished by placement of the material in a sealed, non-absorbent, leak-proof container, and disposal in an appropriate solid waste container.

Disposal by burial, placement in a storm sewer, or placing unwrapped feces in a sold waste container is prohibited. D. Violations, Penalties. Any person violating any provision of this Section shall be subject to the penalties as prescribed by Section 1-15 of this Code (General Penalty). 106-8. ANIMAL SHELTER: A suitable animal shelter or equivalent facility shall be provided to the Borough, and it shall be the duty of the designated Animal Warden to clean and otherwise take care of such pound or facility and to feed regularly and give other necessary care to any and all animals impounded therein. 106-9 SEIZURE AND IMPOUNDMENT OF DOGS; VICIOUS & POTENTIALLY DANGEROUS DOGS; GROUNDS; HEARING A. Reasonable cause to believe that the dog: 1. Attacked a person and caused death or serious bodily injury as defined in N.J.S.A.2C11-1(b) to that person; 2. Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack and posses a serious threat of harm to persons or domestic animals; 3. Engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or 4. Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals. B. The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the municipal health officer, the dog may be impounded in a facility or other structure agreeable to the owner. C. The animal control officer shall notify the municipal court and the municipal health officer immediately that he has seized and impounded a dog pursuant to N.J.S.A. 4:19-19, or that he has -10605- LINCOLN PARK CODE reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The animal control officer shall through a reasonable effort attempt to determine the identity of the owner of any dog seized and impounded. If its owner cannot be identified within seven days, that dog may be humanely destroyed.

D. The animal control officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to NJ.S.A. 4:19-19, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment, and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted or, if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter, or does not reply to the certified letter with a signed statement within seven days of receipt, the dog maybe humanely destroyed. 106-9.1 IMPOUNDMENT OF DOGS; REGISTRY A. Duty of Animal Control Officer. It shall be the duty of the Animal Control Officer to apprehend and take into custody and impound or cause to be taken into custody and impounded, any dog found running at large contrary to the provisions of Section 106-6, or any vicious dog or potentially dangerous dog, and to impound such dog in the municipal shelter. B. Registry. A complete registry of all such dogs so seized shall be made, which shall include the breed, color and sex of such dog, the license number, if known, and whether such dog has been inoculated against rabies. If licensed, the name and address of the owner and the number of the license tag shall also be recorded. 106-9.2 LIABILITY OF OWNER FOR COSTS OF IMPOUNDMENT AND DESTRUCTION A. If a dog is found to have been running at large, declared vicious or potentially dangerous, and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the municipality in which the dog is impounded for the costs and expenses of -10606- DOGS AND OTHER ANIMALS impounding and/or destroying the dog. The owner shall also incur the expense of impounding the dog in a facility other than the municipal pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous. B. If the dog has bitten or exposed a person within 10 days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing

106-9.3 DUTIES OF OWNER OF POTENTIALLY DANGEROUS DOG A. The owner of a potentially dangerous dog shall: 1. comply with the provisions of NJ.S.A. 4:19-17 et seq. and this Chapter, in accordance with a schedule established by the Municipal Court, but in no case more than 60 days subsequent to the date of determination; 2. notify the licensing authority, local police department or force, and the animal control officer if a potentially dangerous dog is at large, or has attacked a human being or killed a domestic animal; 3. notify the licensing authority, local police department or force, and the animal control officer within 24 hours of the death, sale or donation of a potentially dangerous dog; 4. prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous; 5. upon the sale or donation of the dog to a person residing in a different municipality, notify the department and the licensing authority, police department or force, and animal control officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner; and 6. in addition to any license fee required pursuant to N.J.S.A. 4:19-15.3 and this Chapter, pay a potentially dangerous dog license fee to the municipality as provided by NJ.S.A. 4:19-31 and Section 106-9.4 of this Chapter. -10607- LINCOLN PARK CODE 106-9.4 POTENTIALLY DANGEROUS DOG REGISTRATION NUMBER; RED IDENTIFICATION TAG AND LICENSE; ISSUANCE; PUBLICITY; FEES A. Upon a demonstration of sufficient evidence by the owner of a Potentially Dangerous dog to the animal control officer that he has complied with the court s orders and this Chapter, the Borough shall issue a potentially dangerous dog registration number and red identification tag along with a municipal potentially dangerous dog license, The last three digits of each potentially dangerous dog registration number issued by a municipality will be

the three number code assigned to that municipality in the regulations promulgated pursuant to N.J S.A. 4; 19-33. The animal control officer shall verify, in writing, compliance to the municipal clerk or designee. B. The fee for a municipal potentially dangerous dog license and renewal shall be in the sum of $700.00 per year, payable annually to the Borough of Lincoln Park. 106-10. RIGHT OF ENTRY: The Animal Warden, when in immediate pursuit of a dog or dogs which may lawfully be seized or impounded under the provisions of this Article or under the statutes of the state, is hereby authorized to go upon or enter into any premises, except an inhabited dwelling house without permission of the owner, to seize such dog or dogs for impounding. Such entry shall not be deemed a trespass, except that such person may not go upon any premises if the owner thereof or the owner's representative is present and forbids him to do so. 106-11. QUARANTINE OF CERTAIN DOGS: Any dog; which bites any person shall be examined by a veterinarian within twenty-four (24) hours after the incident, if requested by the Animal Warden, for the purpose of determining if such dog is affected by any disease; and such dog shall thereafter be quarantine, the Warden deems the dog unaffected by disease, the Warden shall sign a release of quarantine and shall notify the dog's owner of such release. 106-12. NOTICE OF IMPOUNDMENT: The Animal Warden shall notify, in writing, the owner or person keeping or harboring any tagged dog seized or impounded that such dog has been seized and will be liable to be destroyed if not claimed within seven (7) days after such notification. -10608- DOGS AND OTHER ANIMALS 106-13. DISPOSITION OF UNCLAIMED DOGS; CHARGES: A. Any seized dog impounded for seven (7) days after notice, when notice can be given as set forth in 106-12, or impounded for seven (7) days after seizure when no notice has been given, or if the owner or person keeping or harboring such dog has not claimed such dog and paid all expenses incurred by reason of its detention as hereinafter specified, or if the dog is un-licensed at the time of seizure and the owner or person keeping or harboring such dog has not produced a license and registration tag for such dog, then the Animal Warden may cause the dog to be destroyed in a manner established by the Health Department.

B. Charges. (1) Fees and charges for services shall be paid to the Animal Warden in accordance with Chapter 139, Health Department, Fee Schedule, Section 139-5, Dogs and Other Animals. (2) A minimum charge of ten dollars ($10.) shall be incurred for a dog; which is adopted after such dog has been impounded for a period of seven (7) days or after a dog has been placed in the animal shelter for the purpose of adoption. The owner of an impounded dog, instead of redeeming the dog, may give written notice to the Animal Warden that he does not wish to redeem and consents to the destruction and disposal of the of the dog in a humane manner. (3) The charges specified shall be paid to the Animal Warden or his agent and by him accounted for and paid to the Borough Treasurer, and a receipt shall be delivered to the person paying such charges, which receipt will be the authority for the Animal Warden to release the dog to the owner or person claiming such dog. C. All dogs or other animals shall be redeemed or adopted Monday through Friday at the hours designated by the Animal Warden. 106-14. INTERFERENCE WITH AUTHORITIES: No person shall assault, molest or otherwise interfere with any person authorized or empowered to perform any duty under this Article. -10609- LINCOLN PARK CODE 106-15. DISPOSAL OF DEAD ANIMALS: The owner of any dead animal shall dispose of the carcass of such animal in a sanitary manner as prescribed by the Health Officer, within twenty-four (24) hours after such owner has knowledge of such animal's death. 106-16. CANVASS OF DOGS: The Health Director or any person appointed for the purpose, which person may be the Chief of Police, shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough, as provided by N.J.S.A. 4:19-15.15 and any amendments thereto. 106-17. INVESTIGATION; COMPLAINT; VICIOUS DOGS; POTENTIALLY DANGEROUS DOGS

A. Complaint; seizure; confinement. It shall be the duty of the Animal Control Officer, or in his absence, the Chief of Police or his designee, to receive and investigate complaints against dogs. B. When any dog complained against shall be deemed by the Animal Control Officer to be a vicious dog or potentially dangerous do& as herein defined, the Animal Control Officer shall sign a complaint against the owner or person harboring such dogs The Animal Control Officer shall seize and impound the dog, as specified in Section 106-9 through 106-13, provided that, if any potentially dangerous dog or vicious dog is found at large and cannot be seized, taken up and impounded, such dog may be subdued by a tranquilizer guns the Animal Control Officer shall sign a complaint against the owner or person harboring such dog and may confine the dog to a suitable shelter, at the owner s expense, until the date of hearing. C. Hearing. The Municipal Court at the time set for the hearing of the complaint, shall inquire into the facts and give all interested persons an opportunity to be heard, under oath, and to be represented by Counsel, and the Municipal Judge shall decide, in accordance with the evidence before him, whether or not such dog is vicious or potentially dangerous, as defined herein. D. Vicious Dogs; Findings. 1. The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog: a. killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to a person; or -10610- DOGS AND OTHER ANIMALS b. has engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26. 2. A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.LSIA. 2C:11-1(b) upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked. 3. If the municipal court declares a dog to be vicious, and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious manner, except that no dog maybe destroyed during the pendency of an appeal. E. Potentially Dangerous Dog; Findings. 1. The municipal court shall declare a dog to be potentially

dangerous if it finds by clear and convincing evidence that the dog: a. caused bodily injury as defined in NJ.S.A. 2C:11-1(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person, or b. severely injured or killed another domestic animal, and c. poses a threat of serious bodily injury or death to a person; or d. poses a threat of death to another domestic animal, or e. has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals. 2. A dog shall not be declared potentially dangerous for: a. causing bodily injury as defined in NJ.SA 2C:11-1(a) to a person if the dog was provoked, or b. severely injuring or killing a domestic animal if the domestic animal was the aggressor. For the purposes of paragraph 2.a of this subsection, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked. -10611- LINCOLN PARK CODE F. Order and schedule for compliance for potentially dangerous dog conditions. If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part: 1. shall require the owner to comply with the following conditions: a. to apply, at his own expense, to the municipal Clerk or other official designated to license dogs pursuant to N.J.S.A. 4:19-15.2, for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to Section 106-1.19.3 of this Chapter. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A. potentially dangerous dog shall be impounded until

the owner obtains a municipal potentially dangerous dog license, municipal registration number, and red identification tag; b. to display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to paragraph F.1.c of this subsection; c. to immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained, which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six feet in height separated by at least three feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or other person. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the animal control officer and having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog s movements to a radius of no more than three feet from the owner and under the direct supervision of the owner; -10612- DOGS AND OTHER ANIMALS 2. may require the owner to maintain liability insurance in an amount determined by the Municipal Court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the owner resides to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy. G. The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this Chapter, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court s order shall be subject to a fine of not more than $1,000 per day of the violation, and each day s continuance of the violation shall constitute a separate and distinct violation The municipal court shall have jurisdiction to enforce this

section. An animal control officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of N.J. S A. 4:19-17 et seq. or this Chapter, or any rule or regulation adopted pursuant thereto, or a court s order. The municipal court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner. 106-18. CARE OF ANIMALS; VIOLATIONS: A. No owner shall fail to provide his animals with sufficient, good and wholesome food and water, proper shelter and protection from the weather, veterinary care, when needed to prevent suffering and humane care and treatment. No person shall beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse any animal or cause or permit any fight between animals or between animals and humans. No owner of an animal shall abandon such animal. No person shall crop a dog's ears, except when a licensed veterinarian issues a signed Certificate which states that the operation is necessary for the dog's health or comfort, and in no event shall a person other than a licensed veterinarian perform such an operation. B. Any person who violates the provisions of this Chapter shall be subject to a penalty enforced and recovered pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq. in the Municipal Court or where appropriate. Any person who violates this Chapter shall be subject to the fines and penalties set forth in -10613- LINCOLN PARK CODE Article III, Section 1-15 of this Code (General Penalty), in the discretion of the Judge imposing the same. 106-19. DEFINITIONS: ARTICLE II ANIMALS AND FOWL As used in this Article, the following terms shall have the meanings indicated: CATTLE Cows, bulls, calves, mules, asses, sheep, goats, pigs, hogs, swine, horses, and any other cattle. POULTRY Chickens, roosters, capons, hens, ducks, geese, pheasants, turkeys, pigeons, guinea fowl and all other fowl. SMALL ANIMALS Rabbits, guinea pigs and any other small animals. Dogs

shall not be held to be included within the meaning of the term "small animals". 106-20. OFFENSIVE ODORS: The keeping of any barn, stable, pen or enclosure of fowls, goats, cattle, swine or other animals or any slaughterhouse or factory in such manner that offensive odors shall emanate therefrom to be detrimental or a discomfort to any person living or passing in the vicinity thereof is hereby prohibited and declared to be a nuisance. 106-21. CONDITIONS OF STABLES: Every stable or place where any cattle may be stabled shall be kept in a clean and wholesome condition, and none of such animals shall be kept therein while infected with any contagious or infectious disease, nor shall such animals be kept in a place where the water, ventilation or food is not sufficient and wholesome for the preservation of the health and safe condition of such animals. 106-22. HARBORING IN DWELLINGS; RUNNING AT LARGE: No person shall keep or allow to be kept in any dwelling house or any part thereof any living cattle, poultry or small animals, excluding house pets, nor shall any such cattle, poultry or small animals be permitted to run-at-large in the Borough. 106-23. DISPOSAL OF MANURE; MANURE PITS: A. Every owner, lessee or occupier of any stall, stable, shed or barn wherein any cattle shall be kept shall keep and maintain suitably covered watertight boxes, pits or vaults into which shall be placed -10614- DOGS AND OTHER ANIMALS all manure or refuse from such animals, and such manure shall be removed from such boxes, pits or vaults in such a manner as to be void of offense, and as often as, in the opinion of the Director of the Department of Health, it shall be deemed necessary for public health or comfort, such manure or refuse shall be removed in trucks or wagons provided with a proper cover. B. Any manure pit or other receptacle used for the storage of stable manure shall be kept dry and shall be protected from the sun, rain, snow and all other conditions which tend to produce wetness and offensive decomposition of manure stored therein. The drainage from any stable or other building shall not be emptied into said manure pit or other such receptacle. 106-24. COMMERCIAL SLAUGHTERHOUSES PROHIBITED: No person shall slaughter, kill or dress any cattle in the Borough except for personal domestic use.

106-25. AGE RESTRICTIONS FOR ANIMALS BEING SLAUGHTERED: No person shall kill or aid in killing for human food any calf less than four (4) weeks old or any lamb less than eight (8) weeks old or any pig less than five (5) weeks old, nor shall any person sell or offer for sale or have in his possession with intent to sell for human consumption any calf which has been killed when less than five (5) weeks old or any of the meat of such calf, lamb or pig. 106-26. KEEPING OR POULTRY: No live poultry shall be kept or permitted to be kept in the Borough less than twenty (20') feet away from the doors or windows of any building occupied by human beings, whether for dwelling or business purposes, or within thirty (30') feet of any street or property line. 106-27. KENNEL PERMITS: A. No person shall keep, maintain or conduct a kennel in this Borough without obtaining a permit from the Department of Health for that purpose. Such permit shall expire on the first day of January next following the date of issuance. Permit fees shall be in accordance with Chapter 139, Health Department, Fee Schedule, Section 139-3, Dogs and Other Animals. B. No person shall keep, harbor or maintain more than five (5) dogs or cats without obtaining a kennel permit. -10615- LINCOLN PARK CODE C. Notwithstanding the issuance of a kennel permit, any person keeping, harboring or maintaining more than five (5) dogs or cats, shall be required to comply with the individual licensing requirements and fees prescribed in 106-5A. 106-28. BREEDING PERMITS: A. No person shall keep, raise, breed or sell any rabbits, guinea pigs, hares or similar animals for commercial purposes in the Borough without obtaining a permit for that purpose from the Department of Health; and no such rabbits, guinea pigs, hares or similar animals shall be kept less than twenty (20') feet away from the doors or windows of any building in the Borough occupied by human beings, whether for dwelling or business purposes, or within thirty (30') feet of any street or lot line. B. Permit fee shall be in accordance with Chapter 139, Health Department, Fee Schedule, Section 139-3, Dogs and Other Animals. Permits shall expire in the first day of January next following the date of issuance.

C. No person shall keep, raise, breed or sell any mink or chinchilla in the Borough. D. All small animals and poultry shall be kept in a suitable shelter or coop. Such shelter or coop must be kept thoroughly clean at all times and open for inspection at reasonable hours by the Department of Health or as its inspectors shall require. E. No person shall engage in the business of slaughtering, killing or dressing poultry or small animals in the Borough, except, however, that farmers shall be permitted to engage in such activity on a retail basis not prohibited by other Borough Ordinances. F. Any and all permits for the keeping or slaughtering of cattle, poultry, dogs or small animals granted by the Department under this Article may be revoked at the discretion of the Department if any person holding such permit or any of his employees, servants or agents shall violate any of the provisions of this Article or Rules and Regulations of the Department concerning the keeping or slaughtering of cattle, poultry, dogs or small animals or the cleansing and purification of the premises or places where cattle, poultry, dogs or small animals are kept or slaughtered. -10616- DOGS AND OTHER ANIMALS ARTICLE III PIGS 106-29. KEEPING OF PIGS WITHIN BOROUGH: It shall be unlawful for any person to have, keep, raise or maintain any pig or pigs within the Borough. ARTICLE IV CATS 106-30. IMMUNIZATION REQUIRED: All persons owning, keeping or harboring any cat in the Borough shall be required to annually immunize all such animals against rabies.

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