Borough of Slippery Rock, PA Chapter 105 Animals

[HISTORY: Adopted by the Borough Council of the Borough of Slippery Rock as indicated in article histories. Amendments noted where applicable.]

Article I Dog Control

[Adopted 11-3-1992 by Ord. No. 544 (Ch. 2, Part 1, of the 1983 Code)]

§ 105-1 Owner responsibilities.

Any person who owns, harbors, keeps or is in charge of any dog within or frequenting the Borough shall be subject to a notice of violation and penalty or the impoundment of the dog, or both, if:

A. Such dog is not confined by a leash or other humane device of control, so it cannot stray beyond the premises on which it is secured.

B. Such dog is off the property of the owner or of the person who is keeping or harboring the dog, unless such dog is restrained on a leash of no more than six feet in length and under immediate control of a competent person.

C. Owners or persons keeping or harboring such dog allow such dog to deposit feces on property other than that of the owner or person keeping or harboring such dog or do not immediately remove all feces deposited by such dog while on public or on private property where express permission of the owner has been secured or remove feces within 12 hours on the property of the owner or person keeping or harboring such dog. Feces shall be disposed of in the owner's or person's keeping or harboring such dogs garbage or disposed of in another sanitary method. The deposit shall be packaged or protected so as to prevent unsanitary disposal, offensive smells or other interference to the health and welfare of the community.

§ 105-2 Vicious or dangerous dogs. [1]

Vicious or dangerous dogs shall be regulated in accordance with Article V-A of the Dog Law, 3 P.S. § 459-502-A et seq.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 105-3 Impoundment procedure.

A. Any Borough police officer shall immediately upon impounding any dog make a complete registry, entering the breed, color and sex of such dog and whether licensed, if known, and if licensed, he shall enter the name and address of the owner and the number of the license tag, if known, and if bearing an inoculation tag, the number of such tag shall be recorded. When any licensed animal shall be impounded, any Borough police officer shall give immediate notice, either personally or by certified mail, to the owner of such licensed dog, informing such owner of the impounding of his dog and the reason therefor.

B. The owner shall be entitled to resume possession of any impounded unlicensed dog upon payment of $50, plus impoundment costs and daily board fees, and compliance with the rabies vaccination and licensing requirements. The owner of a licensed dog shall be entitled to resume possession on payment of the aforementioned charges, provided that application for such possession with payment of all the aforementioned charges is made within five days after obtaining the postal return receipt.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Any unlicensed dog impounded and not reclaimed by the owner after being held at least 48 hours after impoundment and any licensed dog impounded and not reclaimed by the owner after being held five days after impoundment and notice as required herein may be sold or destroyed in some humane manner.

§ 105-4 Dogs in heat; nuisances; humane care required.

A. Female dogs in heat shall be confined by the owner or persons keeping or harboring such dog in a closed building so that the dog cannot come into contact with another except by planned breeding.

B. Every owner or person keeping or harboring a dog shall exercise proper care and control of the dog to prevent the dog from becoming a nuisance. Excessive or untimely barking, molesting passersby, chasing vehicles, attacking other domestic animals and damaging property shall be deemed a nuisance, and such act shall be considered a violation of this article.

C. The owner or person keeping or harboring any dog shall provide the dog with sufficient food and water, proper shelter, veterinary care when needed to prevent suffering and with humane care and treatment. Any owner or person keeping or harboring such dog found not providing humane care for their dog will be considered in violation of this article. No person shall poison or ill-treat a dog, nor may a dog be abandoned in the Borough of Slippery Rock, Butler County, Pennsylvania, and such act shall be considered a violation of this article.

§ 105-5 Enforcement.

For the purpose of discharging the duties imposed by this article and for violation of the 1982 Pennsylvania Dog Law[1] and enforcing the provisions of same, any Slippery Rock Borough officer is hereby empowered to enter upon any private property for the purpose of enforcing this article and to ascertain whether any dog is present, kept, harbored or cared for thereon, whether the owner has secured a current-calendar-year Pennsylvania dog license and tag and to issue notices of violation to owners of dogs running at large and/or to impound dogs that are found to be in violation of this article, and said officers are hereby authorized to be vested with all powers, duties and responsibilities authorized in the Pennsylvania Dog Law.

[1] Editor's Note: See 3 P.S. § 459-101 et seq.

§ 105-6 Dogs in Borough parklands.

A. No dogs shall be permitted on or within the Borough parklands unless restrained by a leash of no more than six feet in length and under the immediate control of a competent person.

B. The Slippery Rock Area Park and Recreation Commission may designate areas of the Borough parklands as closed to dogs and other pets in accordance with § 105-1.

§ 105-7 Exceptions.

The provisions of this article shall not be applicable or apply to dogs accompanying visually impaired persons or hearing ear dogs accompanying hearing impaired persons or to dogs used by authorized federal, state or local law enforcement officers in the performance of their official duties.

§ 105-8 Violations and penalties.

[Amended 10-6-2015 by Ord. No. 687]

Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Butler County.

Article II Poultry

[Adopted 12-8-2020 by Ord. No. 713]

The keeping of poultry as accessory to single-family dwellings in the residential zoning districts of the Borough of Slippery Rock shall be subject to the following standards.

§ 105-9 Permit required.

A permit shall be required for keeping poultry, coops, and outside runs. The fee shall be established by resolution of Borough Council. Persons desiring to keep poultry within the residential zoning districts shall apply to the Borough Code Enforcement Officer or designee for a zoning permit. The Code Enforcement Officer shall determine if the application meets all performance standards. If granted, the permit shall be for a two-year period and renewable, provided that three or more violations have not occurred during the initial permit period, or any prior extension thereof. The applicant shall describe on a form provided by the Borough:

A. The type, location, and size of proposed poultry housing, henhouse or chicken tractor, including any sketch or manufacturer's photograph.

B. The number of animals proposed.

C. The means of managing feces and/or manure to prevent odor and runoff.

D. A sketch of the property showing the proposed location of any lot area proposed to be enclosed by a fence and the height and type of enclosure fence.

E. Verification that the applicant is the owner of the property or written permission from the property owner.

§ 105-10 Keeping of poultry.

The keeping of poultry is permitted at single-family dwellings in residential and mixed-use zoning districts provided all the following conditions are met:

A. No person shall keep a rooster or other nuisance fowl in the Borough. For purposes of this section, "nuisance fowl" includes roosters, guineafowl and peacocks.

B. No more than five fowl shall be kept per single-family dwelling unit.

C. All poultry shall be housed in a roofed coop that is secure and enclosed in a way that contains the poultry and offers adequate protection from weather and predators. Coops may be mobile as long as their placement is in accordance with all designated setbacks.

D. Any building designated to house poultry must provide at least three square feet per each fowl.

E. An enclosed outside area or run is required. Coops and runs may be mobile as long as their placement is in accordance with all designated setbacks.

F. All coops and runs are subject to setbacks for accessory structures but shall not be considered an accessory structure. The coop and run shall not be within 30 feet of any primary structure on an adjacent lot.

G. Any slaughter and butchering activities must be conducted in a sanitary manner and out of public view. All slaughter waste must be disposed of properly.

§ 105-11 Poultry at large prohibited.

It shall be unlawful for the owner or owners of any poultry to allow the same to run at large upon any of the common thoroughfares, sidewalks, passageways, play areas, parks, streets, alleys, or public highways or any place where people congregate or walk, or upon any public or private property without an approved coop and run in the Borough. Any poultry not contained within an approved coop or run shall be deemed "at large." No dog, cat or other domesticated animal which kills poultry at large, for that reason alone, be considered a dangerous or aggressive animal.

§ 105-12 Sanitary requirements.

All owner or owners of poultry within the limits of the Borough are hereby required to house the same at all times under sanitary conditions so that the keeping of poultry shall not become either a public or private nuisance. The following provisions apply:

A. All poultry feces and/or manure accumulated on private property shall be removed by using the approved sanitary method of double-bagging and placement in the trash for collection, unless composted as provided for in § 105-13 below.

B. Poultry feces on private property shall not be allowed to accumulate to the degree that they become, a public nuisance or health hazard. In cases where poultry feces do accumulate on private property, the Code Enforcement Officer or his or her designee may conduct an investigation, after which the accumulation may be declared a public health hazard or nuisance and the owner shall be ordered to remove and dispose of the accumulated feces in an approved manner. The order to remove such accumulated feces shall be given personally to the owner or shall be sent by registered mail, and the owner shall be given a period of 48 hours from the date and time of receipt, the order to clean the property and remove the accumulated feces. The coop, enclosure, fenced area and surrounding area shall be kept free of trash and accumulated feces.

§ 105-13 Composting.

Manure from coops shall be managed through composting, deep litter bedding, or other means to prevent malodorous nuisance in conformity with all PADEP manure management regulations. Manure shall be stored in a fully enclosed structure or watertight container. No more than three cubic feet of manure may be stored on a permitted tract of land. Manure may be used as fertilizer as long as it does not become a public nuisance or hazard due to odor or pests. Any manure not used as fertilizer or in excess of the amount permitted to be stored shall be removed.

§ 105-14 Proper storage of feed.

All feed, water and other items associated with the keeping of poultry shall be protected in a way that prevents infestation by rats, mice, other rodents or scavenging animals. Failure to keep all feed, water and other items associated with the keeping of poultry in a clean and sanitary condition constitutes a violation of this article.

§ 105-15 Noncommercial purposes.

Poultry kept under this article may be kept for personal use and consumption only and permittees shall not engage in any commercial sales, breeding or other endeavor with regard to the poultry permitted hereunder; provided, however, that permittees may donate surplus eggs produced by their poultry. No signs shall be permitted designating the sale of eggs, meat or fowl.

§ 105-16 Violations and penalties.

Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $50 per day nor more than $600 per day, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall constitute a separate offense. In addition, three or more violations shall be grounds for terminating the zoning permit and the keeping of poultry. Failure to pay fines and/or costs of prosecution will result in termination of the zoning permit for keeping poultry.