Limitation on Number of Permitted Animals


An Ordinance of the City of Hazleton Placing Limitations upon the Number of Animals that may be Kept upon any Premises within the City of Hazleton and Imposing Penalties for Violations

Section 1.  Limitation on Number of Animals.

Except for species of fish, it shall be unlawful to keep more than four (4) animals, six (6) months of age or older, on a 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.

Section 2.  Enforcement of Provisions.

The enforcement of the provisions of this Article will be jointly shared by the Hazleton City Police Department and the Hazleton Code Enforcement Office/Hazleton City Health Officer.  The investigating Officer is hereby authorized to enter upon any premises within the City of Hazleton for the purpose of investigating possible violation of this article. Should a violation be found to exist, the investigating Officer may remove any and all animals from the premises and or levy penalties and fines in accordance with this Ordinance. Any expense incurred by the City of Hazleton pertaining to the removal, safe keeping and medical treatment of the removed animal(s) shall be the responsibility of the animal(s) owner and shall be in addition to any fines or penalties assessed. 

Section 3.  Application for Permit to Exceed Number of Permitted Animals.

A. The application for permit for the keeping of more than four (4) animals from the permitted list shall be submitted to the City Health Officer and 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. The type and number of animals to be covered by the permit.

     2. The purpose of keeping such animals.

     3. The period of time for which the permit is requested.

     4. A description of the quarters in which the animals will be kept and the facilities for sanitation and disposal of animal

     5. The circumstances, if any, under which the animals will be removed from their quarters.

     6. Biographical information about the applicant and any other person to be placed in charge of the animals.

     7. Such additional information as the Officer may require.

B. In addition to such verified information, the Health Officer shall consider all other relevant conditions, including, but not
    limited to:

     1. The odor emanating or likely to emanate from the premises to persons off the premises.

     2. The noise emanating or likely to emanate from the premises to persons off the premises.

     3. The attitudes of the applicant’s neighbors to the proposed permit.

     4. The security with which the animals will be restrained.

     5. Prior complaints regarding animals at the premises.

Section 4.  Issuance of Permit; Revocation; Permit Standards.

 A.   The Health 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 Health 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 a part thereof. The Health Officer shall also have the power to revoke the permit for cause.

 B. The investigating Officer shall have the power 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. All animals and animal quarters shall be kept in a clean and sanitary condition with adequate ventilation.

     2. 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. Animals which 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. The permittee shall maintain the premises so as to eliminate offensive odors or excessive noise.

     5. The permittee shall not permit any condition causing disturbance of the peace and quiet of his/her neighbors.

     6. Animals must be maintained in quarters so constructed as to prevent their escape. The permittee assumes full
          responsibilities 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. 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 Hazleton and the rules and regulations that may accompany this
         article in any way connected with animals, specifically including anticruelty laws.

     8. 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. 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. 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.

Section 5.  Permit Fees.

The applicant for any permit to exceed the limitation of permitted animals contained in Section 1 shall, at the time of his/her application, pay to the City of Hazleton a nonrefundable fee of fifty ($50.00) dollars 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 fifty ($50.00) dollars each calendar year or part thereof.

Section 6. Penalties.

Any person violating any provision of this Ordinance shall be subject to the penalty set forth in Chapter 1, Article II, violation of penalties of the Code of the City of Hazleton.

Any Ordinance or part of an Ordinance conflicting with the provisions of this Ordinance shall be and the same is hereby repealed to the extent of such conflict.

This Ordinance shall be effective immediately upon passage and approved in the manner prescribed by law.

ORDAINED AND ENACTED by Council this 1st day of August, 2012.

Click Here for Application for Permit to Exceed the Limitation on Number of Animals