[Adopted 11-18-2015 by Ord. No. 1574]
For the purpose of this article, the following terms shall have the meanings ascribed to them in this section, except where the context in which the word is used clearly indicates otherwise:
ANIMAL
Any dog, cat, domesticated animal or nondomesticated animal.
BOROUGH
Borough of Munhall.
DOG LAW
The statute found at 3 Pa.C.S.A. § 459.101 et seq.
ENFORCEMENT OFFICER
Any person employed by the Borough whose duty it is to preserve peace or to make arrests or to enforce any law, including policemen, auxiliary policemen, the Code Enforcement officer or the Zoning Officer.
FARM ANIMAL
An animal other than a dog or cat which is normally and usually found on a farm.
FERAL ANIMAL
An unowned free-roaming cat, dog or reptile which is not a farm animal that is partially socialized or unsocialized to humans and tends to resist contact with humans.
KENNEL, LICENSED
A kennel licensed and approved in accordance with the Dog Law.
KENNEL, UNLICENSED
Real property being utilized by the controller or occupant thereof for the housing of animals for payment, fee, income, profit, compensation or commercial purposes.
NUISANCE
Shall include the following:
A. 
An animal or animals shall be considered a nuisance for habitually trespassing upon or damaging either private or public property, or annoying or harming lawful users or occupants thereof.
B. 
Any activity or nonactivity which produces or causes directly or indirectly excessive noise, continuous noise, pollution, or offensive odors which cause inconvenience or damage to others.
C. 
Any disturbance which shall interfere with or deprive the peace, quiet, rest or sleep of any person within the Borough.
D. 
The operation of an unlicensed kennel.
E. 
Any violation of the Pennsylvania Dog Law shall be deemed to be a nuisance under this article.
F. 
It shall be a nuisance for an occupant or controller of property to have custody of, to harbor or to permit a dog, cat, domestic animal or a nondomesticated animal to run at large.
G. 
Any other acts or conduct held or found to constitute a nuisance at common law or by any court of the Commonwealth of Pennsylvania.
PERSON
A natural person, firm, partnership, association or corporation.
RUNNING AT LARGE
An animal upon any public highway, street, alley, park or any other public land or upon property of another person other than the owner and not being firmly secured by means of a collar and chain or other device so that it cannot stray or not being accompanied by or under the reasonable control of a natural person shall be deemed to be running at large.
STRAY CAT
Any cat whose owner or keeper from time to time allows the cat to run at large off of the property of the owner or keeper.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or driven upon any highway, street, road or alley except devises used exclusively upon rails or tracks.
No person shall allow or permit a nuisance to occur or to take place on property under his control or elsewhere, as defined herein.
A. 
No person shall allow any animal owned by him or under his control to defecate on any sidewalk, walkway or the property of another without immediately cleaning it up.
B. 
Any vision or mobility-impaired person who relies upon a dog specifically trained for such purpose shall be exempt from compliance with this section.
[1]
Editor's Note: See also Ch. 123, Art. I, Animal Defecation.
A. 
No person shall permit any animal owned by him or under his supervision or control to run at large at any time.
B. 
Any police officer or enforcement officer is hereby authorized and empowered to seize and detain any animal which is found running at large in the Borough, or upon any property other than the property of the owner of such animal, and unaccompanied by the owner when such police officer or enforcement officer is in immediate pursuit of such animal.
C. 
The provisions of this section shall apply to all animals found running at large in violation of this section, irrespective of payment for or issuance of any license in respect to the animal involved.
D. 
Borough Council is hereby empowered and authorized to engage the services of a qualified and suitable person to enforce the provisions of this Ordinance.
Any police officer or enforcement officer of the Borough is hereby authorized to seize and detain any animal running at large in violation of § 123-10 or any animal concerning which reliable information has been received that such animal has been running at large. Any animal so seized shall be held by the Borough for 48 hours in a shelter as defined in § 123-12, at the owner's expense. Immediate notice of such seizure, either personally or by certified mail or email, with return receipt requested, shall be given to the person in whose name the license, if any, was issued, or his agent, to claim such animal within 48 hours after receipt hereof. In the event that the animal does not bear a proper license tag, immediate notice, either personally or by certified mail or email return receipt requested, shall be given to the person, or his agent, known to be the owner of such animal. The owner or claimant of an animal so detained shall pay a penalty of $50 to the Borough, together with a charge as set forth from time to time by resolution of the Borough Council per day for room and board or daily charge of the shelter where the animal is kept, whichever amount is greater. No animal shall be returned to the owner or claimant until said penalty and expense or charges shall be paid.
If, after 48 hours of such notice as set forth in § 123-11, such animal has not been claimed, the police officer or enforcement officer shall convey the animal to a shelter, animal rescue, or foster care. No licensed animal shall be adopted, sold or otherwise disposed of unless such licensed animal remains unclaimed five days after notification, evidenced by obtaining a return receipt if notified by certified mail or email. Where the owner or agent of an unlicensed animal is not known, the police officer or enforcement officer shall convey such animal to a shelter, animal rescue, or foster care. No animal shall be sold for the purpose of vivisection or research or be conveyed in any manner for such purposes.
No person other than a person actually working a dog or other animal for agricultural purposes shall transport or carry on any public highway, street, road or alley such dog or other animal, unless such dog or animal is safely enclosed within the motor vehicle or protected by a container, cage, cross tether or other device to prevent the dog or animal from falling from, being thrown from, out of or jumping from said motor vehicle.
No person shall leave a dog or other animal in any unattended motor vehicle without adequate ventilation, sanitary conditions or in such a manner as to subject the dog or other animal to extreme temperature which may adversely affect the health or safety of the dog or animal.
It shall be unlawful for any owner of any cat to permit such cat to run free outside the residence of its owner or keeper unless such cat has been:
A. 
Neutered or spayed to prevent procreating;
B. 
Immunized against rabies in compliance with Pennsylvania law; and
C. 
Appropriately "tipped" on the left ear to signify that it has been neutered/spayed and immunized.
It shall be unlawful for any person to continue to feed stray or feral cats where such feeding causes a nuisance to neighbors or creates a condition contrary to the health, safety, and welfare of the community.
A. 
Any person who violates any provision of this article shall be charged with a summary offense and shall be fined for each offense not less than $100 nor more than $500 and all costs of prosecution for the first offense, or be imprisoned for not more than 90 days, or both.
B. 
Each day there is a violation may count as a separate violation.
The provisions of this article, as far as they are the same as those of ordinances in force immediately prior to the enactment of this article, are intended as a continuation of such ordinances.