[HISTORY: Adopted by the Borough Council of the Borough of
Baldwin 2-20-1995 by Ord. No. 687. Amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 85.
A.
The
Council of the Borough of Baldwin is desirous of protecting the health,
safety, welfare and property of others from annoyance and damage caused
by cats and to establish the responsibility and liability of cat owners
arising out of the conduct of their pets.
B.
The
Council of the Borough of Baldwin is desirous of providing reasonable
regulations for the control, care and maintenance of cats in the Borough
of Baldwin. It is recognized by the Mayor and Council that cats are
generally excellent pets, but they can become a nuisance if not properly
controlled.
C.
This
legislation is not intended to impair, restrict or otherwise interfere
with the relationship that exists between owners and their pets; however,
it is necessary that these owners exercise responsibility in the care
and control of their animals so that other residents in the Borough
of Baldwin are not offended or unreasonably inconvenienced.
It shall be unlawful for any owner of or any person having custody
of any cat(s) to have any cat that becomes a nuisance. Acts of nuisance
shall include, but are not limited to, the following:
A.
Noise
disturbance.
B.
Viciousness.
C.
Digging
into flower beds, lawns, sandboxes or gardens or the damaging of shrubbery,
trees, lawns or personal property not belonging to the owner or the
depositing of feces.
D.
Entering
and running at large in public parks or playgrounds.
E.
Not
having current rabies vaccinations and a current Borough license.
No more than four cats shall be kept or maintained or be in
custody for more than 90 days in any residential housing unit or its
grounds. Nothing contained herein, however, shall be applicable to
those persons who have kept or maintained in custody in any residential
housing unit or its grounds more than four cats prior to the adoption
of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A cat of any age which shall be left unattended, unclaimed,
unlicensed or at large for a period of 72 hours or more.
Any animal of a feline species.
The person authorized by the Borough of Baldwin from time
to time, by resolution, to enforce the provisions of this chapter.
The Control Officer shall have all the powers of a Constable or other
peace officer in the execution of the provisions of this chapter,
including the service of a summons, the service and execution of any
other order of process, notwithstanding any provision of the Uniform
Justice Court Act.
Every person having a property right in a cat and every person
keeping, having custody or feeding a cat for more than 48 hours, or
who allows a cat to reside or remain about his premises, shall be
considered a "cat owner." This provision shall not include a person
who keeps or feeds a cat on behalf of an owner at the owner's
request to accommodate the owner's temporary needs.
An individual, firm, partnership, corporation or association
of persons.
A cat that causes damage to public or private property or
causes harm to any person.
A cat having no known owner or custodian.
A.
License
requirements. No person shall own, keep, harbor or maintain any cat
over seven months of age within the Borough of Baldwin unless such
cat is licensed. The provisions of this section do not apply to cats
held by any government facility, a veterinary establishment or a licensed
animal shelter, pound, kennel or pet shop. No cat may be licensed
without proof of vaccination as detailed below.
B.
Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the recommendations for immunization published by the National Association of State Public Health Veterinarians, except as provided in Subsection C.
C.
Exemptions.
Any cat may be exempted from vaccination requirements for a specified
period by the Control Officer upon presentation of a veterinarian's
certificate stating that because of an infirmity or other physical
condition, the inoculation of such cat is not medically appropriate.
[Amended 2-28-2006 by Ord. No. 802]
All cat licenses shall be issued by the office of the Borough
Secretary or such other person as may be designated by the Mayor and
Council of the Borough of Baldwin. All licenses shall be issued with
a registration number, and a record of such issuance shall be maintained.
A license may only be issued after a completed application is received
along with all required fees. The license fee shall be $5. The registration
tag shall be attached to a collar to be worn and maintained by the
individual cat for whom the license was issued whenever such cat shall
be outdoors. License fees required by this section shall be due on
or before the last day of January in each year. No license shall be
granted for a period exceeding one year, and no license shall be transferable.
Persons applying for a license or renewal after February 1 in each
year shall pay the full license fee.
A.
No
cat shall be sheltered, maintained or harbored that is not domesticated.
The area where cats are kept shall be clean and sanitary and shall
not create a disturbance by reason of noise, odor or other causes.
No person shall abandon any cat or permit a cat in his custody to
become a stray.
B.
No
cat shall cause damage to any person or property. Any person who owns,
maintains or harbors any cat that causes such damage shall be strictly
liable for the damage and may be prosecuted for a violation of this
chapter.
C.
No
person shall harbor, maintain or feed any unlicensed or stray cat.
Any person who shall do so following receipt of a notice from the
Control Officer advising said person that a violation of this chapter
is occurring may be prosecuted if he continues such activity.
Any person who violates a provision of this chapter shall be
liable to a penalty of not more than $500 for each offense and up
to 90 days in jail, or both.
No person shall interfere with, hinder or molest any agent of
the Control Officer or any police officer of the Borough of Baldwin
in the performance of any duty as herein provided.
A.
All other ordinances of the Borough of Baldwin which are in conflict
with this chapter are hereby repealed to the extent of such conflict.
B.
If any part of this chapter shall be held invalid, such part shall
be deemed severable, and the invalidity thereof shall not affect the
remaining parts of this chapter.
The Borough of Baldwin hereby finds, determines and declares
that this chapter is necessary for the immediate preservation of the
public health, safety and welfare of the Borough of Baldwin and the
inhabitants thereof.
This chapter shall be effective on the first day of March 1995 and shall continue in full force and effect until amended or repealed by the Council of the Borough of Baldwin. For the remaining portion of year 1995 only, the license fee shall be $1, and in subsequent years, § 82-6 shall apply.
