[HISTORY: Adopted by the Borough Council
of the Borough of Heidelberg 7-15-1980 as Ch. 47 of the 1980 Code. Amendments noted where applicable.]
[Amended 11-21-2000 by Ord. No. 539]
Effective immediately, it shall be the duty
of the owner or custodian of any pets not kept permanently caged and
more than six months old, which shall be kept and shall remain in
the Borough for a period exceeding 72 hours, to apply for and to procure
from the Borough of Heidelberg a license for every such dog and cat
or other pet owned or kept. The license herein provided shall be issued
upon application made by such owner or custodian, and such application
shall be in writing and shall state the breed, sex, approximate age
and general colors and markings of said pet and other general information
as determined by the Borough. The application shall contain a colored
photograph of the pet to be so licensed. Said photograph shall be
in such a condition and of such clarity as to clearly allow the recognition
and identification of the pet. The application shall be accompanied
by a license fee payable to the Borough of Heidelberg in the amount
as established in 3 P.S. § 459-201. Each application shall
be accompanied by a certificate signed by a duly licensed veterinarian
in the Commonwealth of Pennsylvania, which certificate shall certify
that the pet for whom a license has been applied was vaccinated against
rabies and that said vaccination will not expire or terminate during
the coming licensing period. Said license shall be in addition to
any license required by the commonwealth, the County of Allegheny
or any other municipal subdivision thereof. The license shall be good
for the life of the animal, and upon death of the animal or removal
of the animal from the Borough, the license shall be returned to the
Borough.
Upon application having been duly made as aforesaid,
accompanied by the proper certificate and fee, the Borough, through
its designated representative, shall issue to the applicant a metal
tag, together with a written license for each pet to be licensed.
Said metal tag shall have stamped upon it the words "Borough of Heidelberg
License — Vaccinated Against Rabies" and the year
for which issued. It shall be the duty of the owner or custodian of
each pet to affix said metal tag upon a collar or harness worn by
the pet, and failure to do so will subject the owner or custodian
of said pet to the penalties hereafter provided for.
The duly constituted agents and police officers
of the Borough of Heidelberg shall have the right and duty to examine
the collar or harness of all pets within the Borough of Heidelberg
to determine if the owners or custodians of such pets have complied
with the provisions of this chapter, and any pet within the Borough,
which, after the effective date of the licensing provisions of this
chapter is not wearing upon his collar or harness the metal tag provided
for, shall be seized by such agent or police officer and placed under
restraint in the custody of such person or persons, as the Borough
Council may, in its discretion, designate from time to time.
The Borough Council may, from time to time,
retain or hire a special officer or officers and provide the same
with the necessary equipment for the purpose of seizing, restraining
and confining any pet found within the limits of the Borough and contrary
to the provisions of this chapter and may enter into a contract or
contracts for the compensation of such special officer or officers,
providing for a proper compensation to the same upon either a time
basis or a unit basis, as the Borough Council may decide.
[Amended 11-21-2000 by Ord. No. 539]
In the event that any pet license or tag issued
under the terms of this chapter has been lost or stolen, the proper
representative of the Borough of Heidelberg shall issue a duplicate
license or tag in lieu thereof for a fee as set from time to time
by resolution of the Borough Council and upon affidavit of the owner
or custodian of said pet certifying to such loss or theft.
[Amended 11-21-2000 by Ord. No. 539]
All pets more than six months of age found running
at large and not wearing a valid registration tag shall be seized
on sight by any Borough policeman or other officer duly authorized
for such purpose. When such pet has been seized and impounded, the
owner or custodian, if known, shall be given notice by registered
mail or personal service that such pet has been seized and impounded
and will be sold as house pets only or destroyed if not redeemed as
provided in 3 P.S. § 459-302. If the owner or custodian
of such animal is unknown, a written notice of the impoundment of
such animal shall be prominently displayed at the place of such impoundment,
and such notice shall give the time of posting and contain a statement
that such pet will be sold or redeemed as provided in 3 P.S. § 459-302.
[Amended 11-21-2000 by Ord. No. 539]
The owner or custodian of any pet seized and
impounded under the provisions of this chapter may, before the expiration
of the period as provided in 3 P.S. § 459-302, redeem such
pet by paying all costs for feeding and care and the penalty assessed
against such animal and for securing a valid license and tag for such
pet and by paying the fine or penalty assessed for violation of this
chapter.
On and after the effective date of this chapter
it shall be unlawful for any person or persons who are the owners
or custodians of any pet to permit any pet owned by him, her or them
or under his, her or their supervision and control to run at large
either in the day or at nighttime, either upon the public streets
and highways (including state and county highways) of the Borough
of Heidelberg or upon the property of persons other than the owner
of such pet.
For the purpose of this chapter, the phrase
"running at large" shall be defined as running about loose on the
street or upon property of persons other than the owner of such pets,
unleashed and unaccompanied by the owner or custodian or by any member
of his family or by any servant or agent of the owner of such pets.
[Amended 11-21-2000 by Ord. No. 539]
In the event that a pet licensed pursuant to
the terms of this chapter is found running at large within the Borough
of Heidelberg, said pet may be seized on sight, either in the daytime
or at nighttime, by any Borough police officer or any other agent
of the Borough and impounded. In such event, the owner or custodian
of said pet shall be notified of such impoundment and shall be given
a period as provided in 3 P.S. § 459-302 to redeem said
pet upon payment of all costs assessed against such animal, including
the cost of boarding the pet during the period of the impoundment,
and upon payment of the penalty hereafter set forth for the violation
of this chapter.
[Amended 8-18-1998 by Ord. No. 530, approved 8-18-1998]
A.
Any dog, cat or other animal which is found, upon
inspection by an authorized Borough official, that by excessive barking,
howling, growling, yelping, baying, snarling, lunging, or by wandering
unsupervised at large, or in any other way or manner, unreasonably
disturbs the quiet of any person of the community, or which unreasonably
disturbs, frightens or endangers the comfort, repose or health of
persons when unprovoked, is hereby declared to be committing a nuisance
by disturbance.
B.
Continued barking, howling or baying for a period
of 15 minutes shall constitute excessive barking, howling or baying.
C.
Any dog, cat or other animal deemed to engage in actions which constitute a nuisance by disturbance involving behavior described in Subsection A which reasonably frightens or endangers persons when unprovoked must, at the place where the animal is kept by its owner, be kept away from view of the public by a solid fence through which said animal cannot readily see or be seen.
D.
Any person being the owner or in charge or control
of any dog, cat or other animal deemed to be committing a nuisance
by disturbance shall, upon conviction thereof, be sentenced to pay
a fine of not more than $500 per occurrence and costs of prosecution
for each offense.
[Amended 8-18-1998 by Ord. No. 530]
A.
Any dog, cat or other animal that defecates on public
property is hereby declared to be committing a health nuisance. No
owner or person having custody of such animal shall harbor or permit
it to commit nuisance.
B.
No person being the owner or in charge or control
of any dog, cat or other animal shall permit such animal to commit
a health 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 animal. 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.
C.
Any person being the owner or in charge or control
of any dog, cat or other animal deemed to be committing a health nuisance
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $100 per occurrence and costs of prosecution, for each offense
thereof.
The Borough Council of the Borough of Heidelberg
may, from time to time, provide such places, means or methods and
equipment as it shall deem necessary for the purpose of keeping in
custody any pet seized under the provisions of this chapter, or, in
its discretion, it may provide such places, means or methods under
the control and management of any individual authorized for such purposes.
[Amended 11-21-2000 by Ord. No. 539]
In the event that the owner or custodian of
any pet seized and held under the terms of this chapter shall not
redeem such pet within the period as provided in 3 P.S. § 459-302,
the Borough authorities, by their proper officer, shall have authority
to destroy said pet or to sell the same by public or private sale
to such person or persons as may desire to purchase the same to the
benefit of the Borough of Heidelberg. No pets caught and detained
shall be sold for the purpose of vivisection.
It shall be unlawful from and after the effective
date of this chapter for any pets, licensed or unlicensed, on leash
or running loose, to be permitted in that part of premises which is
used as a store for the sale of food for human consumption.
[Amended 11-21-2000 by Ord. No. 539]
Except as otherwise provided in 3 P.S. § 459-201(c),
in the event that any person shall fail to obtain a license as hereinabove
provided or shall violate any of the provisions of this chapter, said
person, upon conviction before a District Justice, shall pay a fine
not exceeding $600, together with the costs of prosecution and proper
charges for the impoundment of the pets involved, as set from time
to time by resolution of the Borough Council, as the case may be.
In default of the payment of any fine and/or costs imposed, said person
shall be sentenced to the Allegheny County Jail for a period not exceeding
30 days.[1]
[1]
Editor's Note: Former §§ 47-17
and 47-18, providing for additional penalties, were deleted 11-21-2000 by Ord. No.
539.
As used in this chapter, the following terms shall have the
meanings indicated:
Any member of the feline genus.
Any member of the canine genus.
Any animal as hereinafter defined as a household pet or a
small animal.
Any avis raised for food, hobby or sport.
Any member of the Equine family, which includes horses, donkeys,
mules, ponies and zebras.
Lions, tigers, bears, larger poisonous snakes or alligators
not otherwise considered a wild animal as defined herein, crocodiles,
and similar animals, and/or any animal not commonly regarded as a
species currently native to the western Pennsylvania region.
Any animal, including domestic bovine, equine, sheep, hogs,
or fowl or any flying insect of the anthophila clade.
Any dog, cat, or other domestic animal normally and ordinarily
kept in or permitted to be at large in the dwelling of its owner.
When applied to the proprietorship of a dog or cat, includes
every person having a right of property in such dog or cat and every
person who keeps or harbors such dog or cat or has it in his or her
care, and every person who permits such dog or cat to remain on or
about any premises occupied by him or her.
Any person, firm, partnership, association, or corporation.
Any dog, cat or other domesticated animal kept primarily
for pleasure rather than utility.
When a domestic animal or household pet is controlled by
leash or chain not exceeding 16 feet in length. Small animals shall
be contained within a secured cage or pen at all times, including
properties enclosed by fencing.
Being 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 accompanied by or under the control of the owner
or any other person having custody of the animal.
Any animal, bird, fowl, or reptile not normally or ordinarily
domesticated, such as a snake or alligator; not normally or ordinarily
raised in this area and climate as livestock or for work or breeding
purposes, such as a snake or alligator; or not normally or ordinary
kept as a household pet, such as a snake or alligator.
It shall be unlawful for any person to keep any wild animal at any place within the Borough, except where the same shall otherwise be permitted in a park, zoological garden, or similar establishment for exhibit to the public or to any portion thereof, or where said person has received a permit as referred in § 47-21 herein.
It shall be unlawful for any person to keep any exotic animal
at any place within the Borough.
A.
It shall be unlawful for farm animals/bees to be maintained on a
tract of land less than five acres.
B.
All pens, hives and stables shall be located as far from the property
lines as the shape of the tract of land will permit and in no instance
closer than 100 feet to a dwelling used for human habitation, other
than the owner's dwelling.
C.
No grazing shall be permitted closer than 10 feet from the property
line.
D.
Any barnyard fence or electric fence shall not be located less than
10 feet from any boundary line.
E.
The property owner is responsible for the removal of litter and droppings
in a manner that shall prevent the presence of fly larvae and/or objectionable
odors.
Any individual can apply for a permit allowing for possession
of a wild animal as defined in this chapter, with said permit shall
expire at the end of the calendar year. Prior to issuing such annual
permit, the Borough shall, through its agents, make an inspection
of applicant's property where such animal will be kept to ensure
that such cages for housing of such animal is in proper working order
so as to keep such animal within said cages. The cost of such inspection
shall be bourne of the applicant, such costs to be set forth in the
Borough's fee resolution and amended from time to time.
No owner shall permit any animal to run at large within the
Borough.
