[HISTORY: Adopted by the Borough Council of the Borough of Leetsdale 11-12-2009 by Ord. No. 610.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animal Control Officer — See Ch. 8.
[1]
Editor's Note: This ordinance also superseded former Ch. 113, Animals, comprised of Art. I, Pigs, adopted 9-10-1969 by Ord. No. 389, as amended; and Art. II, Animal Defecation, adopted 6-12-1991 by Ord. No. 492, as amended.
This chapter is enacted to prohibit and to regulate the maintenance, keeping and possession of animals within the Borough in order to promote the health, safety and general welfare of its inhabitants.
Where the provisions of this chapter impose greater restrictions than those of any other ordinance, regulation or resolution, the provisions of this chapter shall be controlling. Where the provisions of any other ordinance impose greater restrictions than this chapter, the provisions of such other ordinance shall be supplemental to any laws of the Commonwealth of Pennsylvania hereinbefore or hereinafter adopted covering animals within the Commonwealth of Pennsylvania and specifically in the Borough. Should any of the provisions of this chapter be contrary to the provisions of any act of assembly, it is the intent that the act of assembly shall supersede this chapter. Should any section or provisions of this chapter be declared by a court of competent jurisdiction to be invalid, such section or provision shall not affect the validity of the chapter as a whole or any other part thereof.
As used in this chapter, the following terms shall have the meanings indicated:
ANIMAL
Construed in a broad sense to include not only animals so called but also birds, fish, reptiles, insects, hogs, dogs, cats, pets, livestock and fowl.
BOROUGH
The Borough of Leetsdale.
BOROUGH COUNCIL
The Borough Council of the Borough of Leetsdale.
KENNEL
Any lot in which animals are kept, boarded or trained for a fee, whether or not in special buildings or runways, including but not limited to dog and cat kennels, or any lot in which more than three animals are kept for the purpose of breeding, sale or show purposes.
MENAGERIE
A collection of animals not listed in § 113-5 which are kept in cages or enclosures for exhibition by a full-time professional trainer.
PERSON
Any individual, partnership, association, corporation, estate or trust, as well as all officers, agents, servants, employees or others acting for any of the same, and shall be taken as applying in the singular or plural, as the case may require.
PET SHOP
A retail shop primarily in the business of selling animals and maintaining, keeping or possessing any animal for which a permit may be issued by the Animal Control Officer at any time during the calendar year or any part thereof.
ZOOLOGICAL GARDEN
A collection of animals not listed in § 113-5 which are maintained in a park by an educational, nonprofit or governmental corporation under the supervision of at least one professional zoologist.
A. 
The Animal Control Officer shall be appointed by Borough Council. The Animal Control Officer shall serve without compensation; provided, however, that the Health Officer may be appointed the Animal Control Officer as part of his duties and responsibilities.
B. 
The Animal Control Officer shall have the following powers and duties:
(1) 
To review and cause to be reviewed each application for a permit submitted in accordance with § 113-15.
(2) 
To approve or reject such application or require modification of such application.
(3) 
Upon approval of such application, to issue a permit upon such terms and conditions as are deemed appropriate.
(4) 
To revoke such permits:
(a) 
If the information contained in the application for the permit is later determined to be false, incorrect or inaccurate; or
(b) 
If the terms and conditions upon which the permit has been issued are violated.
(5) 
To take such further action as may be authorized by Borough Council to enforce the provisions of this chapter.
A. 
Any person is permitted to maintain, keep or possess within the Borough not more than a total of three animals of any of the following types of animals, or combination thereof, which classification shall be strictly construed:
(1) 
Cats (Felis catus);
(2) 
Cows (Bos taurus), beef and dairy, subject to § 113-10;
(3) 
Dogs (Canis familiaris), except dingoes, subject to §§ 113-6 through 113-9;
(4) 
Goats (Capra hircus), subject to § 113-10;
(5) 
Horses and ponies (Equus caballus), subject to § 113-10;
(6) 
Sheep (Ovis aries), subject to § 113-10.
B. 
Any person is permitted to maintain, keep or possess within the Borough any of the following types of animals, which classification shall be strictly construed, limited to those quantities customarily maintained in a household:
(1) 
Frogs (Salientia);
(2) 
Goldfish and carp (Cyprinidae);
(3) 
Lizards (Sauria), except those listed under animals prohibited in the Borough.[1]
[1]
Editor's Note: See § 113-12.
(4) 
Salamanders (any tailed amphibian);
(5) 
Toads (Salientia);
(6) 
Tropical fish, limited to those customarily maintained in a household aquarium, except piranhas;
(7) 
Turtles (Chelonia);
(8) 
Cage birds (The term includes parakeets, parrots, canaries, finches, lovebirds, myna birds and other birds ordinarily kept in cages in households; it excludes wild birds captured or rescued and kept in cages.);
(9) 
Guinea pigs (Cavia cutleri);
(10) 
Hamsters (Cricetus and Mesocricetus);
(11) 
Mice, white (Mus musculus);
(12) 
Pigeons kept for show or racing, subject to § 113-11;
(13) 
Rabbits, restricted to European-type rabbits (Oryctolagus cuninculus), commonly kept as pets or livestock, subject to § 113-11;
(14) 
Rats, white (Rattus norvegicus).
Any owner, person, firm, association or corporation utilizing the services of an animal or animals for security purposes or possessing an animal as a pet shall be responsible for the quieting of said animal or animals from barking and/or howling and disturbing the peace and quiet of the surrounding neighbors.
A. 
It shall be unlawful for the owner or person in custody or control of any animal to allow the animal to run at large upon public property or upon the private property of another other than the owner or person in custody or control of said animal. Any animal beyond the boundaries of its owner's property or the property of the person in custody or control of said animal must be under positive control by leash.
B. 
It shall be the duty of every police officer of the Borough to seize and detain any animal which is found running at large, either upon the public property of the Borough or the highways of the commonwealth or upon the property of other than the owner of such animal and unaccompanied by the owner or keeper.
A. 
It shall be unlawful for the owner or person in custody or control of any animal to allow such animal to defecate or urinate upon the public property of the Borough, the highways of the commonwealth and the private property of another other than the owner or keeper of said animal.
B. 
If such animal shall defecate upon property other than that of the owner or keeper of the animal, the owner or keeper must immediately clean up the feces and make proper disposition of it so as not to endanger the health and safety of the public.
C. 
If an animal shall defecate upon the property of the owner or keeper of such animal, the owner or keeper must clean up the feces and make proper disposition of it within a reasonable period of time so as not to endanger the health and safety of the public.
A. 
It shall be unlawful for any police officer to fail or refuse to perform his duties under the provisions of this chapter.
B. 
It shall be unlawful for any person to interfere with any police officer in the enforcement of this chapter.
C. 
It shall be unlawful for any person to cut the leash or take an animal away from such officer having an animal in his possession when found running at large unaccompanied by the owner or keeper.
It shall be lawful for any person to keep any horses, sheep, goats or cattle anywhere in the Borough only if the following conditions are strictly adhered to:
A. 
The area of the lot on which such animals are kept shall be no less than five acres;
B. 
There shall be no violation of any provision of the Borough's Zoning Ordinance, as amended;[1]
[1]
Editor's Note: See Ch. 300, Zoning.
C. 
A barn, stable or similar roofed building shall be provided on the premises for such animals, and such building shall be located at least 100 feet from any street, at least 100 feet from any inhabited dwelling and at least 100 feet from any property line. Such building shall be kept clean, and any filth accumulating therein shall be removed at least once every 24 hours or oftener if so ordered by the Borough Health Officer, the Borough Council or the Animal Control Officer;
D. 
Such animals shall not be permitted to run at large outside the confines of the premises of the owner thereof.
It shall be lawful for any person to keep pigeons and rabbits anywhere in the Borough only if the following conditions are strictly adhered to:
A. 
There shall be no violation of any provision of the Borough's Zoning Ordinance, as amended;[1]
[1]
Editor's Note: See Ch. 300, Zoning.
B. 
Such pigeons and rabbits shall at all times be confined to pens which shall be constructed out of doors and shall be at least 30 feet from any street and at least 30 feet from any inhabited dwelling. All such pens shall be constructed so that the floors shall be not less than two feet from the ground. All filth accumulating in, about and under the same shall be removed at least once every 24 hours and oftener if so ordered by the Borough Health Officer, Borough Council or Animal Control Officer;
C. 
Notwithstanding any contrary provision of this chapter, in no event shall any person keep or maintain more than a total of three rabbits or pigeons within the Borough of Leetsdale.
No person is permitted to maintain, keep or possess within the Borough any of the following animals, which classification shall be broadly construed:
A. 
All poisonous animals;
B. 
Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla), orangutans (Pongo) and siamangs (Symphalangus);
C. 
Baboons (Papio, mandrillus);
D. 
Bears (Ursidae);
E. 
Bison (Bison bison);
F. 
Cheetahs (Acinonyx jubatus);
G. 
Coyotes (Canis latrans);
H. 
Crocodilians (Crocodilia) 30 inches in length or more;
I. 
Deer (Cervidae), includes all members of the deer family, for example, white-tailed deer, elk, antelopes, moose;
J. 
Elephants (Elephas and Loxodonta);
K. 
Game cocks, i.e., fighting birds;
L. 
Hippopotamuses (Hippopotamidae);
M. 
Hogs;
N. 
Hyenas (Hyaenidae);
O. 
Jaguars (Panthera onca);
P. 
Leopards (Panthera pardus);
Q. 
Lions (Panthera leo);
R. 
Lynxes (Lyrnx);
S. 
Monkeys, old world (Cercopithecidae);
T. 
Ostriches (Struthio);
U. 
Pigs;
V. 
Piranha fish (Characidae);
W. 
Poultry (ducks, chickens, swans, geese, turkeys and guinea fowl), except as permitted in § 113-5;
X. 
Pumas (Felis concolor), also known as "cougars," "mountain lions" and "panthers";
Y. 
Rhinoceroses (Rhinocerotidae);
Z. 
Sharks (class Chondrichthyes);
AA. 
Snakes which are poisonous, nonpoisonous or constrictor;
BB. 
Snow leopards (Panthera uncia);
CC. 
Swine (Suidae);
DD. 
Tigers (Panthera tigris);
EE. 
Wolves (Canis lupus).
It shall be unlawful for any person to maintain any pig and/or hog pen or to maintain any kennel anywhere in the Borough.
No individual other than a registered veterinarian in the course of his professional duties is permitted to maintain, keep or possess within the Borough any animal not specifically mentioned in § 113-5 hereof unless application for a permit shall have been made by such person to the Animal Control Officer and a permit shall have been issued therefor. Among such animals for which a permit may be issued by the Animal Control Officer are the following:
A. 
Coatimundis (Nasua);
B. 
Crocodilians (Crocodilia) under 30 inches in length, includes baby alligators and caimans;
C. 
Eagles (Aquila and Haliaeetus), subject to state and federal law;
D. 
Falcons (Falconidae), subject to state and federal law;
E. 
Foxes (Vulpes and Urocyon);
F. 
Iguanas (Iguanidae);
G. 
Jaguarundis (Herpailurus);
H. 
Kinkajous (Potos);
I. 
Margays (Felis tigrina);
J. 
Monkeys: white-throated capuchins and other Cebus monkeys; night monkeys or douroucoulis (Aotes); mare-mosets (Callimico), Callithrix and Leontocebus; squirrel monkeys (Saimiri) and woolly monkeys (logothrix);
K. 
Ocelots (Felis paradalis);
L. 
Otters (Lutrinae);
M. 
Raccoons (Procyon);
N. 
Skunks (Mephitinae).
Unless waived by the Animal Control Officer, the application for a permit shall have attached thereto a registered veterinarian's health certificate for each animal to be covered by the permit, shall be verified by an affidavit and shall set forth the following:
A. 
The type and number of animals to be covered by the permit;
B. 
The purpose of keeping such animals;
C. 
The period for which the permit is requested;
D. 
A description of the quarters in which the animals will be kept, including plans and specifications thereof, where appropriate;
E. 
The circumstances, if any, under which the animals will be removed from their quarters;
F. 
Biographical information about the applicant and any other person to be placed in charge of the animals, with particular emphasis on the knowledge of such persons about the animals in question and the experience of such persons handling the animals in question;
G. 
Such additional information as the Animal Control Officer may require which is reasonably related to standards set forth in § 113-16.
A. 
In making the determination as to whether a permit should be issued or revoked, the Animal Control Officer shall consider the following standards:
(1) 
All animals and animal quarters shall be kept in a clean and sanitary condition. Adequate ventilation shall be maintained;
(2) 
The permit holder shall use every reasonable precaution to assure that the animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any means;
(3) 
Animals which are enemies by nature or are tempermentally unsuited shall not be quartered together or so near each other as to cause the animals fear or to be abused, tormented or annoyed;
(4) 
The permit holder shall maintain the premises so as to eliminate offensive odors or excessive noise;
(5) 
The permit holder shall not permit any condition causing disturbance of the peace and quiet of his neighbors;
(6) 
Animals must be maintained in quarters so constructed as to prevent their escape. The permit holder assumes full responsibility for recapturing any animal that escapes from his premises. The permit holder shall make adequate provisions and safeguards to protect the public from the animals;
(7) 
Every person shall conform to all present and future laws of the Commonwealth of Pennsylvania and the United States of America, the ordinances of the Borough which are in any way connected with animals, specifically including anticruelty laws.
B. 
If all of the standards have not been satisfied, the Animal Control Officer shall reject the application for the permit or revoke the permit, as the case may be, and promptly notify the applicant or permit holder of his decision in writing. If the application is not approved within 30 days of the date on which it was filed, the application shall be deemed to be denied.
C. 
If all of the standards have been satisfied, the Animal Control Officer shall approve the application for permit, whereupon the permit shall be issued to the individual applicant only for the calendar year or remaining part thereof. Such permit shall not be transferable.
The Borough Council may approve a permit for a permanent zoological garden or a menagerie, limiting the latter to no more than one month in any one calendar year, which includes animals otherwise prohibited under § 113-12 hereof, provided that:
A. 
The Borough Council is satisfied that the applicant and all other persons placed in charge of such animals are experts in their knowledge of care and handling of such animals;
B. 
The highest standards are applied in safeguarding the public and no human being lives or resides within 100 feet of the quarters in which the animals will be kept;
C. 
The applicant provides the Borough Council with a certificate of public liability insurance, in a form and amount satisfactory to Borough Council, issued by a carrier satisfactory to the Borough Council.
A. 
Any person aggrieved by any decision of the Animal Control Officer may, within 30 days thereafter, file a written notice of appeal with Borough Council. A person aggrieved by any decision of the Animal Control Officer shall include any person who is a property owner in or a resident of the Borough who disagrees with such decision. Such appeal shall be heard by Borough Council in accordance with the provisions of the Local Agency Law (Act of April 28, 1978 P.L. 202, No. 53, as amended, 2 Pa. C.S.A. § 101 et seq.);
B. 
The notice of appeal shall state the name and address of the applicant or the permit holder, as the case may be, the date on which the Animal Control Officer made the decision appealed from and a statement of the grounds on which the appeallant contends the decision of the Animal Control Officer was erroneous;
C. 
Within 45 days of receipt of the notice of appeal, the Borough Council shall fix a time and a place for public hearing thereon and shall, not less than five days before the date of the hearing, cause to be published once in a newspaper having a general circulation in the Borough notice of the time and place of the hearing; the name and address of the applicant or permit holder, as the case may be; and a brief statement of the issues involved in the appeal;
D. 
The Borough Council shall not be required to conduct and/or complete such a hearing unless the appellant first pays to the Borough a sum determined by the Borough Solicitor to be sufficient to cover any costs of the preparation of the stenographic record of the hearing which the Borough shall make part of the original record to be filed with the Court of Common Pleas if an appeal is taken to that court. Otherwise, such stenographic record shall be filed and preserved by the Borough;
E. 
The Borough Council shall render its adjudication within 60 days of its receipt of the stenographic record.
The applicant for any permit hereunder shall, at the time of his application, pay to the Borough the following fees:
A. 
Pet shop or zoological garden: $25 for each calendar year or part thereof. There shall be no charge for a traveling educational exhibit maintained by an established humane society or zoological garden;
B. 
Menagerie: $50, plus an additional $10 per day for the duration of the permit;
C. 
All other applicants: $10 for the first calendar year or part thereof, renewable thereafter for a fee of $5 each calendar year or part thereof.
Any person who violates any provisions of this chapter or any of the rules and regulations made pursuant hereto shall be liable for each offense upon conviction before any District Justice to a fine of not more than $300, together with the costs of prosecution, or to imprisonment in the county jail for a period not exceeding 30 days, or both, and each day's failure to comply with such provision shall constitute a separate violation. In addition, Borough Council may authorize the Animal Control Officer to institute any appropriate action or proceeding, whether by legal process or otherwise, to restrain, correct or abate a continuing violation of any provision of this chapter.
Nothing in this chapter shall be construed to affect any suit or proceeding now pending in any court or any actions required or liability incurred or any cause or causes of action occurred or existing under any act or ordinance repealed hereby. No right or remedy of any character shall be lost, impaired or affected by this chapter.