[Adopted 10-4-1993 by Ord. No. 1425 (Ch. 75, Art. II, of
the 1994 Code)]
As used in this article, the following terms shall have the
meanings indicated:
A dog, cat or other companion animal (pet).
Agents designated by the Dormont Borough Council to enforce
this article.
Any animal grooming shop, animal boarding facility or animal
hospital or animal training facility within the lawful zoning classifications
of the Borough of Dormont.
A facility designated or recognized by Dormont Borough for
the purpose of impounding and caring for animals.
An animal shall be deemed to be at large when off the property
of the owner/guardian, unaccompanied and not under restraint. An animal
shall be considered under restraint if the animal is within the owner's/guardian's
real property limits or is secured by a leash or lead or is otherwise
under the immediate control of the owner/guardian.
Domestic feline, felis domesticus.
Domestic canine, canis familiaris.
Care of an animal is to include, but not be limited to, adequate heat, ventilation and sanitary shelter, wholesome food and water consistent with the normal requirements and feeding habits of the animal's size, species and breed and, at a minimum, shall require compliance with state and county animal care requirements, including but not limited to 7 Pa. Code Part II, Chapter 21, and 18 Pa.C.S.A. § 5511.
Rendered permanently incapable of reproduction.
The actions of the owner/guardian of an animal or the omissions
of such owner/guardian of an animal shall be considered to be a nuisance
if the animal damages, soils, defiles or defecates, unless such waste
is immediately removed and properly disposed of by the owner/guardian.
The actions of the owner/guardian of an animal or the failure to act
on the part of an owner/guardian of an animal shall also be considered
a nuisance if the actions of the animal cause unsanitary and dangerous
conditions; cause frequent and extended disturbances by excessive
noisemaking; or it chases vehicles; or it attacks or interferes with
people or other animals on property other than that of the owner/guardian.
A person having the right of property or custody of an animal
and/or one who keeps or harbors an animal and/or one who knowingly
permits an animal to remain on or about any premises occupied by that
person.
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit or the officers of
a corporation or the partners of a partnership.
All dogs and cats shall be vaccinated against rabies in accordance
with the Rabies Prevention and Control in Domestic Animals and Wildlife
Act (3 P.S. § 455.1 et seq.).
A.
No person shall operate an animal establishment without first obtaining an occupancy permit under the provisions of Chapter 210, Zoning, of the Code of the Borough of Dormont. In addition, any licenses or certificates which must be obtained for either state, county or federal authorities shall also be presented prior to the issuance of any permit under Chapter 210, Zoning, of the Code of the Borough.
B.
It shall be unlawful within the Borough of Dormont, for a business
or any other purpose, to own or operate a concern with a purpose,
essential or incidental, of breeding or selling any animal or any
form of animal auction except within the lawful zoning classifications
of the Borough of Dormont.
[Amended 8-1-1994 by Ord. No. 1433]
A.
A current license issued by the County of Allegheny shall be obtained
by the owner/guardian of every dog.
B.
Every cat and dog must wear an identification collar clearly and
legibly indicating the name, address and phone number of the owner/guardian.
Cat collars must be safety-type collars with either elastic strips
or breakaway fasteners. Dogs must also display their County of Allegheny
license number.
C.
All animals, when not within the owner's/guardian's real property
limits, must be secured by a leash or lead or otherwise under the
immediate control of the owner/guardian.
D.
No owner/guardian of an animal shall be permitted to cause a nuisance.
The owner/guardian of every animal shall be held responsible for every
act and behavior of such animal under the provisions of this article.
E.
The Borough shall follow the provisions of Article V-A of the Dog
Law (3 P.S. § 459-502-A et seq.), as amended, concerning
dangerous dogs. Animal Control Officers and/or police officers of
the Borough of Dormont may order other vicious animals confined by
the animal's owner/guardian within a building or secure enclosure.[1]
F.
Except in cases of self-defense, the abandonment, killing, harming
or tormenting of any animal, wild or domestic, is prohibited and is
subject to fines and penalties provided herein, in addition to such
fines and penalties as may be imposed under county, state and federal
laws.
G.
All animals shall be kept and cared for in a humane manner at all
times. Animals shall be provided constant access to shelter which
protects the animal from inclement weather, keeps the animal dry and
keeps the animal's body temperature within the normal range.
Chains or ropes of any material must be appropriate to the size and
type of animal, must be at least five times the length of the animal
but not less than 10 feet in length, must be placed and attached so
that the chain cannot become entangled so as to reduce the length
of the chain and must be attached to the animal by a belt-type collar.
No animal may be housed on a temporary or permanent basis in a metal
structure.
H.
No person shall own, harbor or maintain a wolf or wolf hybrid, a
nondomestic dog or nondomestic dog hybrid or a nondomestic cat or
nondomestic cat hybrid, except in accordance with Pennsylvania state
law.
A.
No private citizen is authorized to trap animals. No private citizen
is authorized to set a trap of any kind designed to ensnare any animal
the size of an average adult cat or larger.
B.
Upon receipt of a complaint alleging facts sufficient to show that
the actions of an owner/guardian of an animal is a nuisance, Animal
Control Officers and/or other designated agents of the Borough will
investigate, and upon a finding of situations creating a nuisance
and for good cause shown, Animal Control Officers may seize or authorize
the seizure of the animal via a humane live animal trap set on the
complaining citizen's property. When Animal Control Officers
authorize and permit the setting of an animal trap in response to
a citizen complaint, the person requesting the trap must make certain
that any animal which becomes entrapped does not suffer any physical
harm either through neglect or intentional acts, but not limited thereto,
during the time the animal is so trapped. Upon discovery of a trapped
animal, it is the obligation of the complaining citizen to report
the capture of any animal to Animal Control immediately. Failure to
do so constitutes abusive neglect and subjects the complaining citizen
to fines and penalties set forth in this article. All trapped animals
must be released to the custody of Animal Control.
C.
It shall be the duty of Borough police officers or the Animal Control
Officer to seize and detain any animal which is found running at large
either upon the public streets or highways of the commonwealth or
upon the property of a person other than the owner of the animal and
unaccompanied by the owner or keeper. Borough police officers or the
Animal Control Officer may humanely kill any animal which is found
running at large and is deemed after due consideration by the Borough
police officer or Animal Control Officer to constitute a threat to
the public health and welfare.[1]
D.
Licensed animals. The Animal Control Officer, the Borough's Chief
of Police or the Constable of the Borough shall cause any animal bearing
a proper license tag or permanent identification and so seized and
detained to be properly kept and fed at any licensed kennel approved
by the Secretary of Agriculture for those purposes and shall cause
immediate notice, by personal service or registered or certified mail
with return receipt requested, to the last known address, which shall
be set forth in the license application record of the person in whose
name the license was procured, or his agent, to claim the animal within
five days after receipt thereof. The owner or claimant of an animal
so detained shall pay a penalty of $50 to the Borough and all reasonable
expenses incurred by reason of its detention to the detaining parties
before the animal is returned. If five days after obtaining the postal
return receipt the animal has not been claimed, such Chief of Police,
or his agent, or a Constable, shall dispense the animal by sale or
by giving it to a humane society or association for the prevention
of cruelty to animals. No animal so caught and detained shall be sold
for the purpose of vivisection or research or be conveyed in any manner
for these purposes. All moneys derived from the sale of dogs, after
deducting the expense of its detention, shall be paid through the
Department of Agriculture to the State Treasurer for credit to the
Dog Law restricted account.[2]
E.
Unlicensed animals. Except for animals which are confined within
the premises of the owner, firmly secured by means of a collar and
chain or other device, under the reasonable control of a person, or
engaged in lawful hunting, exhibition, performance events or field
trainings, Borough police officers and the Animal Control Officer
shall cause any unlicensed animals to be seized, detained, kept and
fed for a period of 48 hours at any licensed kennel approved by the
Secretary of Agriculture for those purposes, except any animal seriously
ill or injured or forfeited with the owner's permission. The forty-eight-hour
period shall not include days the approved kennel is not open to the
general public. Any person may view the detained animals during normal
business hours. Any unlicensed animal remaining unclaimed after 48
hours may be humanely killed or given to a humane society or association
for the prevention of cruelty to animals. No animal so caught and
detained shall be sold for the purpose of vivisection or research
or be conveyed in any manner for these purposes.[3]
F.
When a nuisance animal's ownership/guardianship is verified
by the Animal Control Officer, the Animal Control Officer may exercise
the option of serving the owner/guardian with a notice of violation
and/or fine in lieu of impounding the animal.
G.
In the event that the Animal Control Officer finds animals in a state
of suffering and/or in physical pain or distress, the Animal Control
Officer shall have the right forthwith to remove or cause to have
removed said animal to a safe place for care at the owner's/guardian's
expense and shall have the further right to euthanize the animal when
necessary to prevent continued clear and predictably terminal suffering.
Where suffering or serious neglect is proven to have been knowingly
inflicted or tolerated by the owner/guardian, possession of such animal
may be forfeited.
H.
The authorized disposal of an animal or forfeiture of an animal does
not relieve the owner/guardian of liability for violations and fines,
penalties and costs otherwise due.
A.
Animal Control Officers shall make known to the public an accurate
description of every animal impounded more than three days by a public
posting at the Borough of Dormont Municipal Building.
B.
Any animal detained as provided under § 78-8D or E may be redeemed by the owner/guardian thereof as provided in § 78-8D or E upon payment of $50 and all reasonable expenses incurred by reason of the animal's detention to the detaining parties (3 P.S. § 459-302). Payment of the penalty and reasonable expenses are not considered to be in lieu of any fine or license fee.[1]
C.
Any animal confined for rabies quarantine, evidence or other purpose
may not be redeemed until provisions for licensing and all other requirements
under all laws have been fulfilled.
A.
No person shall interfere with, hinder or molest any Animal Control
Officer or any police officer of the Borough of Dormont in the performance
of any duty as herein provided.
B.
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 Allegheny County.
[Amended 8-1-1994 by Ord. No. 1433; 2-2-2015 by Ord. No. 1606]
C.
It is the policy of the Borough of Dormont to cooperate with and
facilitate spay/neuter programs and any special police authorized
to enforce cruelty statutes.
The Borough of Dormont hereby finds, determines and declares
that this article is necessary for the immediate preservation of the
public health, safety and welfare of the Borough of Dormont and the
inhabitants thereof and for the welfare of animals.
