The Council of the Borough of Upland finds, determines and declares that this chapter is necessary for the immediate preservation of the public health, safety and welfare of the Borough of Upland and the inhabitants thereof and for the welfare of animals.
The following terms shall apply to this chapter and shall have the meanings indicated, and singular words include the plural and masculine words include the feminine and the neuter:
ANIMAL
A dog, cat or other companion animal (pet).
ANIMAL CONTROL OFFICER
Borough police officers and/or the Borough agent or designee authorized by the Council of the Borough of Upland, specifically to enforce this chapter.
ANIMAL ESTABLISHMENT
Any animal grooming shop, animal boarding facility or animal hospital or animal training facility within the lawful zoning classifications of the Borough of Upland.
ANIMAL SHELTER
The short-term animal care and control facility located at the Kenneth N. Miller Law Center, 224 Castle Avenue, in the Borough of Upland, or another location designated or recognized by the Borough of Upland for the purpose of impounding and caring for animals.
AT LARGE
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/guardian's real property limits or is secured by a leash or lead or is otherwise under the immediate control of the owner/guardian.
ATTACK
The deliberate action of a dog, whether or not in response to a command by its owner, to bite, to seize with its teeth or to pursue any human, animate or inanimate object, with obvious intent to destroy, kill, wound, injure or otherwise harm the object of its action.
BOROUGH'S FEE AND RATE SCHEDULE
A list of all Borough service, penalty, interest, permit fees, and hourly personnel and equipment rates, as adopted by resolution of the Borough Council from time to time.
CAT
A domestic feline, Felis domesticus.
CRUELTY
Any act of commission or omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food in sufficient quantity.
DANGEROUS DOG
Any dog determined by the court to be dangerous under the state's Dangerous Dog Act, 3 P.S. § 459-501-A through § 459-507-A.[1]
DOG
A Domestic canine, Canis familiaris.
GUARD OR ATTACK DOG
A dog trained to attack on command or to protect persons or property, and who will cease to attack on command.
HUMANE MANNER
That the 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 (Cruelty to animals).
IMPOUNDMENT
The taking into custody of any animal by any police officer, Animal Control Officer, or any authorized representative thereof.
KENNEL
Any establishment wherein dogs are kept for the purpose of breeding, hunting, training, renting, research or vivisection, buying, boarding, sale, show or any other similar purpose, and is so constructed that the dog(s) cannot stray therefrom.
MUZZLE
A device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting a person or other animal.
NEUTERED
Rendered permanently incapable of reproduction.
NONPROHIBITED ANIMAL
Any animal of any species not specifically prohibited by Article II of this chapter, or by any federal, state or international laws or agreements.
NUISANCE
Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners/guardians, to enjoyment of life and property. This meaning, in the context of this chapter, shall also include, but not be limited to:
A. 
Any animal that is found running at large.
B. 
Any dog or cat in any section of any park or public recreation area unless the dog or cat is controlled by a leash or similar physical restraint.
C. 
Any animal that damages any property other than that of its owner/guardian.
D. 
Any animal that makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance to neighbors or others in close proximity to the premises where the animal is kept, maintained or harbored.
E. 
Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept, maintained or harbored.
F. 
Any animal in heat that is not confined so as to prevent attraction or contact with other animals.
G. 
Any animal, whether or not on the property of its owner/guardian, that, without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way.
H. 
Any animal that chases motor vehicles in a public right-of-way.
I. 
Any animal that attacks domestic animals.
J. 
Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept, maintained or harbored.
K. 
Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities.
L. 
Any animal that defecates upon the grounds of any private property other than the property of the owner of such animal, or in any gutter, on any street, driveway, alley, curb, sidewalk, recreational trail or public parkland in the Borough, or upon the floors or stairways of any building or place frequented by the public or used in common by any persons, or upon outside walls, walkways, driveways, alleys, curbs or sidewalks of any building abutting on a public street or park, without promptly removing and disposing of, in a sanitary manner, any and all feces left by the animal.
[Added 11-10-2014 by Ord. No. 5-2014]
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.
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.
VETERINARIAN
A person licensed to practice veterinary medicine in the Commonwealth of Pennsylvania.
VICIOUS OR DANGEROUS ANIMAL
Any animal that attacks, bites, or physically injures human beings or any domestic nonprohibited animal(s), as defined in this chapter, without provocation, or which, because of temperament or training, has a known propensity to attack, bite, or physically injure human beings or any domestic nonprohibited animal(s). Any wild animal or any animal that, without provocation, has bitten or attacked a human being or other animal shall be prima facie presumed vicious or dangerous.
WILD ANIMAL
Any animal, bird, fowl or reptile not normally or ordinarily domesticated, nor normally or ordinarily kept as a household pet or companion animal which is naturally occurring in the wild within the borders of the Commonwealth of Pennsylvania, or the states of New Jersey or Delaware.
[1]
Editor's Note: 3 P.S. § 459-501-A was deleted by 1996, Dec. 11, P.L. 943, No. 151, § 13; see now 3 P.S. § 459-502-A through 3 P.S. § 459-507-A.
It shall be the duty of every police officer of the Borough of Upland Police Department, and/or other person or persons who may be designated by the Borough of Upland as the Animal Control Officer, to enforce all articles and sections of this chapter.
It shall be unlawful for any person to interfere with any police officer and/or the Animal Control Officer while such officers are engaged in the proper performance of his, her or their duties, as mandated by the articles and sections of this chapter.
A person whose vehicle causes injury or death to a domestic animal within the limits of the Borough of Upland shall stop at once, assess the extent of the injury to the extent that it is safe to do so, and immediately notify the animal's owner/guardian, if known, or Animal Control Officer, either directly or through any Borough Police Officer, together with a description of the animal struck, the location of the striking and an estimate as to the condition of the animal after being struck, along with the rabies tag number of the animal, if it can safely be ascertained. Such person shall not be required to report his or her name, as the only purpose of this requirement is to aid the stricken animal and notify its owner, if any.
A. 
No person shall trap any wild animal or wildlife unless such person shall hold a valid nuisance wildlife operator permit in compliance with the provisions of Pennsylvania Law, § 147.721 amended May 28, 2004, effective May 29, 2004, 34 Pa.B. 2827; amended December 19, 2008, effective December 20, 2008, 38 Pa.B. 6930.
B. 
Exception. A nuisance wildlife control operator permit will not be required for municipal employees conducting animal control activities if the following conditions are met:
(1) 
The municipal, state or federal employee has agreed, in writing, to conduct animal control in accordance with this subsection. However, permit testing and permit possession requirements do not apply.
(2) 
Written request for exemption shall be made to the district wildlife conservation officer on letterhead from the municipal, state or federal entity. The request must state that the employee is a legitimate employee of the entity, is employed as an Animal Control Officer and that the entity has accepted responsibility for the employee's training and supervision as it relates to Pennsylvania Law, § 147.721 amended May 28, 2004, effective May 29, 2004, 34 Pa.B. 2827; amended December 19, 2008, effective December 20, 2008, 38 Pa.B. 6930.
(3) 
This exemption is valid only if an Animal Control Officer is acting within his scope of duty.