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:
A dog, cat or other companion animal (pet).
Borough police officers and/or the Borough agent or designee
authorized by the Council of the Borough of Upland, specifically to
enforce this chapter.
Any animal grooming shop, animal boarding facility or animal
hospital or animal training facility within the lawful zoning classifications
of the Borough of Upland.
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.
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.
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.
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.
A domestic feline, Felis domesticus.
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.
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]
A Domestic canine, Canis familiaris.
A dog trained to attack on command or to protect persons
or property, and who will cease to attack on command.
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).
The taking into custody of any animal by any police officer,
Animal Control Officer, or any authorized representative thereof.
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.
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.
Rendered permanently incapable of reproduction.
Any animal of any species not specifically prohibited by Article II of this chapter, or by any federal, state or international laws or agreements.
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:
Any animal that is found running at large.
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.
Any animal that damages any property other than that of its
owner/guardian.
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.
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.
Any animal in heat that is not confined so as to prevent attraction
or contact with other animals.
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.
Any animal that chases motor vehicles in a public right-of-way.
Any animal that attacks domestic animals.
Any animal that causes unsanitary conditions in enclosures or
surroundings where the animal is kept, maintained or harbored.
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.
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]
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.
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.
A person licensed to practice veterinary medicine in the
Commonwealth of Pennsylvania.
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.
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.
