[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 11-1992. Amendments noted where applicable.]
A.
It shall be unlawful for any person to own or harbor a dog or cat
over the age of three months which has not received a valid rabies
vaccination.
B.
All vaccinations against rabies must be made with an approved rabies
vaccine in accordance with the recommendations of the vaccine manufacturer.
The name of the vaccine manufacturer, the date of administration and
the rabies tag number must appear on a certificate signed by a licensed
veterinarian or issued by an approved governmental agency. Animals
on whose behalf no such certificate has been issued shall either be
immediately removed from the area or be vaccinated by a licensed veterinarian.
C.
The owner of the dog or cat bears complete responsibility for the
cost of the vaccination.
D.
Proof of a current rabies vaccination for any dog or cat must be
provided to any authorized agent or employee of the City upon request.
A.
No person shall keep or harbor any dog, cat or other animal in the
City so as to create offensive odors, excessive noise or unsanitary
conditions which are a menace to the health, comfort or safety of
the public or otherwise permit the commission or existence of a nuisance
as defined herein.
B.
The action of any dog, cat or other animal which, by frequent and
habitual barking, howling, screeching, yelping or baying, or in any
way or manner, disturbs the quiet of any person or the community,
or disturbs or endangers the comfort, repose or health of persons,
is hereby declared to constitute a nuisance. No owner or person having
custody of such animal shall harbor or permit it to commit or continue
such a nuisance.
C.
The action of any dog, cat or other animal which scratches, digs,
or defecates upon any lawn, tree, shrub, plant, building, or any other
public or private property, other than that of the owner or the person
in charge or control of such animal, is hereby declared to be a nuisance.
D.
No person being the owner or in charge or control of any dog, cat
or other animal shall permit such animal to commit a nuisance on any
school grounds, City park or other public property, or upon any private
property other than that of the owner or person in charge or control
of such dog, cat or other animal, without the permission of the owner
of such property. Where the owner or person in charge or control of
such animal immediately removes all feces deposited by such animal
and disposes of the same in a sanitary manner, such type of nuisance
shall be considered abated.
E.
Persons with physical handicaps or defective eyesight or hearing,
while relying upon a dog specifically trained for these purposes,
shall be exempt from compliance with this section.
F.
Any female dog or cat in season shall be kept properly confined.
G.
The action of any dog, cat or other animal which interferes with
passersby or passing vehicles, attacks or molests other persons or
animals, or is repeatedly unrestrained or at large is hereby declared
to be a nuisance.
[Added 9-28-2004 by Ord. No. 33-2004]
A.
When two or more persons of different households make a complaint against a person owning, keeping or having in his or her possession any animal whatsoever, charging said animal with a nuisance against any person or neighborhood as described in § 3-505.2, the Bureau of Police, through the Chief of Police, shall inquire as to whether any similar complaint has been previously made against the same owner, keeper or possessor of the animal. If no such complaint has been made within the immediately preceding 60 days, the Chief of Police shall cause notice to be served on the person owning, keeping or possessing such offending animal, either in person or via the United States Postal Service, informing him or her that said complaint has been made and warning said person that if said animal is not forthwith prevented from making further disturbance or if the nuisance complained of is not otherwise abated, said person owning, keeping or possessing said animal will, upon a second complaint, be considered in violation of this chapter.
B.
Whoever owns, keeps or has in his or her possession an animal of
any kind whatsoever which in any manner creates a nuisance described
in this subtitle shall, upon the second complaint of at least two
persons of different households, be deemed in violation of this chapter
and subject to the procedure described in this section.
[Amended 4-9-2013 by Ord. No. 3-2013]
C.
Upon conviction of a violation hereunder, the offender shall:
(1)
Be
guilty of a summary offense and, in the discretion of the magisterial
district judge with appropriate jurisdiction, be subject to a fine
as described in this chapter;
(2)
Permanently
remove the offending animal from the neighborhood;
(3)
Be
required to deliver up the offending animal to be killed in the most
humane manner possible; or
(4)
In
the discretion of the magisterial district judge, be subject to a
fine and also be required to permanently remove the animal from said
neighborhood or deliver up said animal to be killed in the most humane
manner possible.
D.
If the violator is required to deliver up said animal to be removed
or killed and he or she refuses or fails to do so, then it shall be
the duty of any police officer, or any duly empowered agent on behalf
of the City, who sees such animal wherever it may be found in the
City to cause the same to be removed permanently from said neighborhood
or cause it to be euthanized in the most humane manner possible.
E.
Except as provided in this section, no person shall be convicted under § 3-505.2B except upon the evidence of one or more witnesses, each of a household other than that of the person swearing out the complaint, in addition to the person so swearing the complaint, unless it is shown that the animal has, on at least one prior occasion, bitten a human being.
[Added 9-28-2004 by Ord. No. 33-2004]
Whoever owns, keeps or has in his or her possession any animal
of any kind whatsoever which bites any person within the corporate
boundaries of the City shall, upon conviction, be guilty of a summary
offense and shall be subject to a fine as described in this chapter,
or shall permanently remove the offending animal from said neighborhood,
or shall be required to deliver up the offending animal to be killed
in the most humane manner possible, or shall be subject to both a
fine and the requirement to permanently remove the offending animal
from said neighborhood or to deliver up the offending animal to be
killed in the most humane manner possible. If such person is required
to deliver up said animal to be removed or euthanized as aforesaid
and he or she refuses to do so, then it shall be the duty of any police
officer, or any duly empowered agent of the City, who sees such animal
whenever it may be found in the City to cause it to be removed from
said neighborhood or cause it to be euthanized in the most humane
manner possible.
[Amended 5-14-2013 by Ord. No. 7-2013]
A.
Dogs and cats shall be provided access to shelter which protects
them against inclement weather, is water resistant and keeps them
dry, provides shade from direct sunlight, and allows them to preserve
a normal body temperature.
B.
No animal may be housed on a temporary or permanent basis in any
shelter constructed of metal unless adequately insulated from inclement
weather.
[Added 5-14-2013 by Ord. No. 7-2013[1]]
It shall be unlawful for any person to tether, fasten, chain,
tie, restrain or cause an unattended dog to be fastened, chained,
tied or restrained to houses, trees, fences, garages, stakes or other
stationary or highly immobile objects by means of a rope, chain, strap
or other physical restraint for the purpose of confinement, except
in circumstances where all of the following requirements are satisfied:
A.
The tethering is not for a longer period of time than reasonably
necessary for the dog's owner or custodian to complete a temporary
task that requires the dog to be physically restrained.
B.
The tether is attached to the dog by a non-choke-type collar and
attached to the stationary object by swivel anchors, latches, or similar
devices in a manner which prevents the tether from becoming entangled
around any object so as to limit the dog's freedom within the
tethered area or to prevent the dog, or any of its appendages, from
becoming entangled by the tether.
C.
The tether must be of a type commonly used for the size of the dog
involved, and if the tether is a chain, it may not be thicker than
1/8 inch.
D.
The dog has easy access to potable drinking water, edible food and
adequate shade and/or shelter within the tethered area.
E.
The dog is periodically monitored while tethered for the aforementioned
reasonable period of time.
[Added 5-14-2013 by Ord. No. 7-2013]
It shall be unlawful for any person to leave any dog outside
and unattended during any period in which a severe weather warning
has been issued for Dauphin County by the National Weather Service
for a continuous period of time greater than 1/2 hour if the temperature
during such period remains entirely either below 32° F. or above
90° F. "Outside," for purposes of this section, shall mean any
unattended dog that is outside subject to the weather and elements,
which expressly includes, but is not limited to, a dog in a securely
fenced-in yard, a dog in a carrier, or a dog tethered or tied-out.
The dog shall be considered "outside" regardless of access to an outdoor
doghouse or similar structure, unless such structure is a properly
functioning climate-controlled and weather-resistant structure.
No person shall be permitted to own, harbor or maintain more
than five dogs or cats or any combination thereof within the City
limits in one residence or building. This section shall not affect
any person or residence whose number of dogs, cats or any combination
thereof exceeds the limit of five prior to the effective date of this
section, except that, upon elimination of dogs or cats by adoption,
death or any permanent removal, the limit of five animals may not
be exceeded. This section shall not affect kennels or catteries that
have been granted a kennel/cattery permit by the Animal Control Section,
nor shall it affect kennels registered with the Pennsylvania Department
of Agriculture.
A.
No person, whether as owner or person in possession, shall permit
a dog, cat or other animal to run at large upon the public streets,
sidewalks or other public places or upon the property of another.
A dog, cat or other animal shall be restrained by the use of a leash
or a chain not exceeding eight feet in length at all times when upon
public places, streets and parks.
[Amended 9-28-2004 by Ord. No. 33-2004]
B.
No owner shall fail to exercise proper care and control of his or
her animals to prevent them from becoming a public nuisance.
A.
Every police officer or other authorized agent shall impound every
animal at large.
B.
Every police officer or other authorized agent empowered to enforce
or administer the provisions of this subtitle shall be permitted to
euthanize any animal at large in the most humane manner possible if,
in the discretion of said officer or agent, such animal is a menace,
constitutes an immediate threat to public health or safety or property,
or is suffering unreasonably from injury or disease and is unlikely
to survive the effects of the same.
C.
If the animal must be impounded or euthanized, the owner shall, in
addition to any other fines or penalties, reimburse all reasonable
costs incurred by the City for said impoundment or euthanization.
Failure to pay such fee to the City within 15 days of such impoundment
or euthanization shall constitute a violation of this chapter.
[Added 9-28-2004 by Ord. No. 33-2004]
[Added 5-14-2013 by Ord. No. 7-2013]
A.
In addition to the Animal Control Officer and any other law enforcement personnel appointed by the Chief of Police according to § 3-501.3 of this subtitle, the Chief of Police, with approval of the Mayor, may authorize an agent of the Humane Society or of any society for the prevention of cruelty to animals to enforce this chapter, to the extent that violations of this chapter constitute cruelty to animals, as defined in the Pennsylvania Animal Cruelty Law, 18 Pa.C.S.A. § 551(c).
B.
Any officer duly authorized by the Chief of Police to enforce this chapter may, in addition to imposing other penalties permitted in this chapter, enter the premises of any owner and temporarily remove a dog if such officer determines that the dog is being held or tethered in violation § 3-505.5, 3-505.6, or 3-505.7 of this chapter. Prior to removing any dog under this section, such officer must give notice to the owner, either in writing or by posting such notice upon the premises, of the nature of the violation of this chapter, and such notice must contain an order to bring the violation into compliance within 24 hours of receipt of such notice.
C.
Any
owner of a dog removed under this section may regain possession of
the dog upon an adequate showing to the confiscating party that his
or her sheltering or tethering situation has been brought into compliance.
A.
An owner or keeper or possessor whose dog, wolf, wolf hybrid or domestic
or nondomestic cat or other animal is found to have violated any of
the provisions of this chapter shall, in addition to the possible
removal or euthanization of the animal, be fined $350, plus costs,
if it is a first offense. The penalty shall be $1,000 plus costs for
each subsequent offense and, in default thereof, imprisonment not
exceeding 72 hours. This is in addition to any state or federal fines
or penalties or terms of imprisonment. Any victim, or owner of a victim
in the case of an animal victim, may also recover reasonable medical
expenses if the owner of the offending animal knew or should have
known of the animal's dangerous or vicious propensities and the
offending animal was not defending itself from an annoying, harassing
or provoking act or assisting a City, state or federal employee in
the performance of an official duty.
[Amended 9-28-2004 by Ord. No. 33-2004[1]]
B.
C.
Anyone convicted under § 3-505.9 twice within any twelve-month period shall forfeit the right to own, possess or have under his or her control any domestic animal for a period of two years beginning from the date of the second conviction. Anyone found in violation herein shall be subject to a fine of $1,000 plus costs and, in default thereof, imprisonment not exceeding 30 days.
[Added 10-22-1996 by Ord. No. 16-1996; amended 5-14-2013 by Ord. No.
7-2013]
