[HISTORY: Adopted by the Board of Commissioners
of the Township of South Fayette as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 183.
[The regulation of dogs in the Township of
South Fayette is governed by regulations of the Commonwealth of Pennsylvania
and of Allegheny County, in accordance with the State Dog Law, 3 P.S.
§ 459-101 et seq.]
[Adopted 11-16-1998 by Ord. No. 409]
A.
This article shall be known and may be cited as the
"South Fayette Township Domestic and Non-Domestic Hidden Animal Ordinance."
B.
The purpose of this article is to encourage responsible
pet ownership, requiring any owner or person having charge, care or
control of a cat(s) to ensure the proper control of the animal; to
establish clear guidelines for the definition of a “nuisance
cat(s)” and the enforcement of nuisance cat violations.
[Added 10-15-2007 by Ord. No. 15-2007]
The following terms shall be construed in this
article to have the following meanings, except in those instances
where the contacts clearly indicates otherwise.
Any animal that has been spayed or neutered.
[Added 10-15-2007 by Ord. No. 15-2007]
A license issued to an owner of cats that are kept for the
purpose of breeding of cats or which are allowed to reproduce.
[Added 10-15-2007 by Ord. No. 15-2007]
Any commonly domesticated feline animal and includes both
the male and female sex of the species.
[Added 10-15-2007 by Ord. No. 15-2007]
Any cat that is not restrained and is off the property of
the owner.
[Added 10-15-2007 by Ord. No. 15-2007]
Any cat that is free roaming and is not altered.
[Added 10-15-2007 by Ord. No. 15-2007]
Any person having the right of property in any
domestic or nondomestic hidden animal or having custody or control
of any such animal, or any person who permits a domestic or nondomestic
animal (other than wildlife in its natural habit) to remain on or
around his or her property.
An adult person or temporary or permanent custodian
possessing, harboring, keeping, sheltering or having control or custody
of a cat or any person having any financial interest, right, or property
in the cat and also includes any person who knowingly permits a cat(s)
to remain on or about any premises occupied by that person.
[Added 10-15-2007 by Ord. No. 15-2007]
Any individual, corporation, partnership and association.
A.
The following activities or conditions are hereby
declared to be unlawful:
(1)
No owner of any dog or domestic or nondomestic hidden
animal shall allow or permit such animal to make loud or harsh noises
on a continuance basis to the extent that it shall disturb or interfere
with the peace, quiet, rest or sleep of other persons.
C.
It is unlawful to be the owner of a nuisance cat(s).
Any owner of a cat(s) causing a nuisance as defined below shall be
in violation of this article and subject to the penalties provided
herein. The following shall be deemed a nuisance; any cat that:
[Added 10-15-2007 by Ord. No. 15-2007]
(1)
Causes damages to the property of anyone other than
the owner;
(2)
Is a vicious animal in that it may cause injury to
any person(s), animal or property or may be a hazard to public safety.
(3)
Causes unreasonable fouling of the air by odors.
(4)
Causes unsanitary conditions in enclosures or surroundings.
(5)
Defecates on any public sidewalk, park or building
or on any private property without the consent of the owner of such
property, unless the person owning, having a proprietary interest
in, harboring, or having care, charge, control, custody, or possession
of such animal shall remove any such defecation to a proper trash
receptacle.
(6)
Whines, calls or makes other disturbing noises in
an excessive, continuous or untimely fashion.
(7)
Attacks other domestic animals.
(8)
Is determined by the Township Code Enforcement Officer
to be offensive or dangerous to the public health, safety or welfare.
D.
It shall be unlawful for a person to intentionally
provide food, water, or other forms of sustenance or care to a nuisance
cat(s). It is unlawful for any person to feed a stray or homeless
cat(s) without full responsibility for the cat(s) by providing the
cat(s) with continued humane treatment which shall include proper
food, water, shelter, veterinarian care, rabies vaccination, and altering
the cat(s).
[Added 10-15-2007 by Ord. No. 15-2007]
A.
Upon receipt of a complaint by one or more persons
alleging the presence of possible nuisance cat(s) and the description
of the suspected cat(s), the Code Enforcement officer may investigate
the complaint to determine if in fact the animal is a nuisance cat.
B.
Upon determination by the Code Enforcement Officer
of a nuisance cat(s), the following action may be taken:
(1)
The Officer may order the owner to a nuisance
cat to have the animal altered at the owner’s expense.
(2)
A citation or order may be issued to the owner
of the nuisance cat for failure to comply with any applicable section
of this chapter.
(3)
Cats may be impounded. All costs associated
with the impound, including but not limited to impound fees and boarding
fees shall be the responsibility of the owner. These costs shall be
paid in full prior to reclaiming the cat. If the owner fails to reclaim
the cat, the owner shall still be responsible for those costs.
Any person who violates any provision of § 102-3A(1) of this article shall be given notice thereof, either in writing or orally, by the South Fayette Township Police Department or other authorized representations as South Fayette Township Zoning Officer. Any person who shall violate § 102-3A(1) of this chapter, after receiving one warning of such violation, shall, upon conviction thereof, be sentenced to pay a fine or penalty of $600 and the costs of prosecution thereof and, in default of payment of such fine and costs, to imprisonment in the county jail for a term not exceeding 30 days, provided that each day's violation of § 102-3A(1) of this article shall constitute a separate offense.
