[HISTORY: Adopted by the Borough Council
of the Borough of Marcus Hook as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-7-2004 by Ord. No. 04-4, approved 9-7-2004]
this article shall be known as the "Marcus Hook
Animal Control Law."
For the purpose of this article, the following
terms shall have the following meanings:
Dogs, cats, domestic fowl, poultry, domesticated hares, rabbits,
mink and members of the equine, bovine and porcine species.
To adapt an animal to a life of intimate association with
and to the advantage and pleasure of man.
Every animal domesticated by man so as to live and breed
in a tame condition.
Any kennel or person that acquires and sells dogs for the
purpose of resale, whether as owner, agent, or consignee, and sells
or offers to sell such dogs on a retail basis.
[Added 7-6-2010 by Ord. No. O-10-3, approved 7-6-2010]
When applied to the proprietorship of an animal, shall include
every person having a right of property in such animal and every person
who keeps or harbors such animal or has it in his care and every person
who permits such animal to remain on or about any premises occupied
by him.
Includes state and local officers or employees, individuals,
corporations, copartnerships and associations. Singular words shall
include the plural. Masculine words shall include the feminine or
neuter.
Any person employed, appointed or elected by the Commonwealth
of Pennsylvania, or any municipality or county, and whose duty is
to preserve peace, to make arrests or to enforce state and local health
and animal laws.
Any animal of a species prohibited by Title 50, Code of Federal
Regulations, or otherwise controlled by the Commonwealth of Pennsylvania.
It shall include any animal which is wild, fierce, dangerous, noxious
or naturally inclined to do harm. "Wild animals," however domesticated,
shall also include but not be limited to:
Dog family (Canidea): all except domesticated
dogs, including wolf, fox, coyote, dingo, wolf hybrids, etc.
Cat family (Felidea): all except commonly accepted
domestic cats, including lions, pumas, panthers, mountain lions, cougars,
lynxs, bobcats, leopards, jaguars, ocelots, margays, tigers, wild
cats, etc.
Bears (Ursidea): all bears, including grizzly
bears, brown bears, black bears, etc.
Weasels (Mustelidea): all, including weasels,
martens, mink, wolverine, ferrets, badgers, otters, ermine, mongoose,
etc.
Raccoons (Procynniddae): all raccoons and civets.
Porcupine (Erethizontidae): all porcupines.
Skunks.
Snakes: all venomous and constricting snakes.
Venomous lizards.
Crocodillians: all alligators, caimans, crocodiles,
gavials, etc.
Venomous fish and piranha.
Venomous invertebrates.
No person who owns, maintains, keeps or has
custody of a dog, cat or other animal shall fail to use all reasonable
precautions to confine or contain such dog, cat or other animal to
the property of such person or the property which the owner, custodian
or keeper has permission to use for such purpose.
Any person owning, keeping, harboring or having
custody of any dog over six months of age within the Borough must
obtain a Pennsylvania state dog license for the current year from
the proper licensing authority.
It shall be unlawful for any person or persons
to permit any dog, cat or other animal to become a nuisance in any
way within the Borough of Marcus Hook.
A.
It shall be unlawful for any person or persons to
permit any dog, cat or other animal to run at large within the Borough
of Marcus Hook.
B.
It shall be unlawful for any person or persons to
allow or permit his or her dog, cat or other animal to be upon any
public or private property, including sidewalks and streets, within
the Borough of Marcus Hook unless said dog, cat or other animal is
on a leash or upon property owned by the owner of said dog, cat or
other animal.
C.
Any person or persons who keeps or maintains a dog,
cat or other animal shall be responsible for the immediate removal
of droppings when said dog, cat or other animal is upon property other
than that of the owner or any place where people congregate or walk
in the Borough of Marcus Hook, or upon the floor or stairways of any
building or place frequented by the public or used in common by the
tenants, or upon the outside walls, walkways, driveways, alleys, curbs
or stairway of any building abutting on a public street or park, or
upon private property without the permission of the owner of said
property. Said person is required to carry and use a plastic bag and
scoop, or other suitable sealed, nonabsorbent, leakproof container,
for the immediate removal and disposal of the droppings in a trash
or litter receptacle or for disposal in a toilet. The provisions of
this subsection shall not apply to guide dogs accompanying blind persons
or to a dog used to assist any other physically disabled person.
No person shall cause or permit any dog, cat
or other animal to run at large in any public place or street in the
Borough or shall tie or fasten any dog, cat or other animal in any
of the streets of the Borough for the purpose of grazing, feeding
or exercising.
[Amended 7-6-2010 by Ord. No. O-10-3, approved 7-6-2010]
It shall be unlawful for any person or persons
to keep or maintain in excess of two dogs over six months of age or
two cats, except that a litter of kittens or a portion of a litter
may be kept for not more than 10 weeks from birth. This section shall
not apply to any premises operated as a pet shop kennel for which
a zoning permit has been obtained and for which a pet shop kennel
license has been obtained pursuant to the Pennsylvania Dog Law.
A.
No person shall harbor or keep any dog, cat, or other
animal which disturbs the peace and quiet of the neighborhood. Any
person who keeps, owns or harbors a dog shall be required to restrain
the dog, whether inside or outside of the owner's or guardian's property,
from prolonged, continuous and unwarranted barking and howling any
time of the day or night, so as not to annoy or disturb neighboring
residents, schools, churches, businesses, nursing homes, and hospitals.
Complaints made by residents who suffer from this type of noise may
be made to the Police Department.
B.
The Police Department, in receiving such complaint,
shall dispatch an officer to the location of the barking dog, and
if such complaint is authenticated by the officer, the officer shall
attempt to contact the owner or guardian of said dog.
C.
In order to abate the nuisance created by a dog howling
or barking in violation of this section, a police officer or animal
control officer may enter the yard and may seize the dog from the
yard where the violation is occurring if the officer is unable to
contact the owner or if the owner is unable or unwilling to take action
to stop the howling or barking.
No person shall treat an animal in the Borough
in a cruel or inhuman manner. Beating, underfeeding, overloading and
abandoning animals shall be considered cruel and inhuman treatment
within the meaning of this section.
No person shall maintain, keep, harbor or transport
any dangerous or vicious animal of any kind or cause or permit the
same to run at large within the Borough. Exhibitions or parades of
animals which are ferae naturae in the eyes of the law may be conducted
only by securing the written permission of the Chief of Police.
Members of the Police Department and the Animal
Control Officer are hereby authorized to kill any dangerous animal
of any kind when it is necessary for the protection of persons or
property.
A.
No person shall maintain or expose any dog, cat or
other animal that is afflicted with a contagious or infectious disease
whereby the health of man or beast may be affected, nor shall any
person ship any such deceased animal or remove it from the premises
of the owner thereof except under the supervision of the Chief of
Police, Animal Control Officer or the Health Officer.
B.
It is hereby made the duty of the Animal Control Officer
or the Health Officer to secure such disposition of any diseased animal
and such treatment of affected premises as to prevent the communication
or spread of the contagion or infection.
A.
No person shall keep a wild or exotic animal in any
place other than a zoological park, veterinary hospital or clinic,
humane society, circus, sideshow, amusement show or facility used
for educational or scientific purposes which provides proper cages,
fences and other protective devices adequate to prevent such animal
from escaping or injuring the public.
B.
No person shall sell, offer for sale or adoption,
exchange for transfer, with or without charge, any wild or exotic
animal.
C.
No person, firm, partnership or corporation shall
keep or maintain an apiary or any live swine or pig, live chicken,
turkey, pigeon, horse or pony or other domestic or wild fowl within
the Borough. Exempted from this prohibition are those domesticated
fowl who can be maintained in a cage within the living confines of
the owner's residence.
D.
No person shall keep or maintain within the Borough
any reptile with an overall length in excess of two feet, nor any
poisonous or constricting reptile regardless of length, or any arachnid.
It shall be the duty and obligation of all owners,
lessors or occupiers of real property within the Borough to provide
for the removal and disposal of any and all dead cats, dogs and other
animals upon such real property. It shall be the duty of the Animal
Control Officer of the Borough to remove and dispose of all dead cats,
dogs and other animals from the streets, highways and other public
ways and places of the Borough.
No person shall cause or allow any house, hut,
area or place where any dog, cat or other animal is or may be kept
to become unclean or unwholesome.
Any dog, cat, or other animal found in the Borough
either without a Pennsylvania state license or running at large under
conditions set forth in this article is hereby declared to be a nuisance
and shall be impounded as hereinafter provided.
Police officers or the Animal Control Officer
of the Borough are hereby authorized to secure and use, with reasonable
precautions, any device or gun that propels an instrument, pellet
or drug for the purpose of immobilizing or anesthetizing an animal
for the purpose of securing and impounding such animal.
Police officers of the Borough and such other
persons as may be retained by Council shall act as the Animal Control
Officer. The duty of such Animal Control Officer shall be to take
into custody any and all dogs, cats or other animals found in violation
of any provision of this article and not restrained, leashed or secured
upon the owner's property or property which the owner has permission
to use and to convey the same to such shelter or pound as is from
time to time designated by Council. A notice of seizure shall be sent
to the owner of such dog, cat or other animal, if known, in accordance
with commonwealth law. It shall be a violation of this article to
interfere with an animal control officer in the performance of his
duties.
Any person violating the provisions of this
article shall, upon conviction thereof, be punishable for each offense
by a fine of up to the maximum amount provided from time to time by
state statute, plus costs of prosecution. Each day's failure to comply
with any such provision shall constitute a separate violation.
Any dog, cat or other animal taken to the Society
for the Prevention of Cruelty to Animals after being picked up, seized
or captured under the terms of this article shall subject the owner
of said dog, cat or other animal to any additional cost or fee or
charge which the Society for the Prevention of Cruelty to Animals
shall impose to accept such dog, cat or other animal, in addition
to the fines and costs set forth in this article.
[Adopted 10-1-2012 by Ord. No. O-12-3, approved 10-1-2012]
As used in this article, the following terms shall have the
meanings indicated:
Maintaining custody or control over a cat, or permitting
a cat to remain on premises or providing shelter or food, which shall
include the leaving of food in an area to which stray cats have access.
A cat that damages either public or private property or harms
the lawful users or occupants thereof; a cat that defecates on private
or public property, or runs loose, stray or unattended.
A cat having no known owner or custodian or known place of
care and shelter, or not identified with the owner's name and
address on the collar of the cat, or unattended or running loose.
A.
No cats shall be stray; no cats shall be permitted to run loose,
unattended, nor be permitted to cause a public nuisance.
B.
Any person who owns, keeps or harbors any cat located within the
Borough of Marcus Hook or permits a cat to enter the Borough of Marcus
Hook shall exercise sufficient and proper care and control over such
animal at all times so as to prevent the animal from becoming a public
nuisance or other violation of this article.
C.
No person owning, keeping or harboring any cat shall permit it to
soil, defile or commit any nuisance on any place where people congregate
or walk or upon any public or private property whatsoever. This provision
shall also apply to all privately owned property in the Borough, including
the property of the owner or keeper of the cat and the property owned
or controlled by persons who have invited or permitted the owner or
keeper of a cat to bring such cat upon the premises.
D.
No person owning or keeping a cat shall permit such cat to become
a public nuisance as defined herein. No person shall harbor any nonowned,
unidentified or stray cat or make food or shelter available to the
same.
E.
No person shall abandon any cat of any age or permit a cat to become
a stray.
F.
No person shall interfere with the Marcus Hook Animal Control Officer
or any agent of the Borough in the performance of his duties relating
to the control of stray cats in the Borough.
G.
All cats must be identified on the cat's collar with the owner's
name and address. All cats must be currently vaccinated for rabies
and tagged to confirm current vaccination.
H.
No person shall harbor any nonowned, unidentified or stray cat or
make food or shelter available to the same following receipt of a
notice from the Secretary of the Borough or Code Enforcement Officer
advising said person that a harboring in violation of this article
is occurring and giving said person seven days within which to cease
and desist such harboring.
[Amended 12-3-2018 by Ord. No.
O-18-5; approved 12-3-2018]
Any person violating the provisions of this article shall, upon
conviction thereof, be punishable for each offense by a fine of up
to the maximum amount provided from time to time by state statute,
plus costs of prosecution. Each day's failure to comply with
any such provision shall constitute a separate violation.
Any cat picked up, seized or captured by the Marcus Hook Animal
Control Officer and taken the Society for the Prevention of Cruelty
to Animals, Humane Society or other approved location shall subject
the owner of said cat to any cost or fee or charge to pick up, seize
or capture the cat and any costs or fee or charge imposed by the Society
for the Prevention of Cruelty to Animals, Humane Society or any approved
receiving entity in addition to the fines and costs set forth in this
article.
