[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 11-1992. Amendments noted where applicable.]
A.Â
This subtitle is enacted to regulate the maintenance, keeping or
possession of animals within the City of Harrisburg in order to promote
the health, safety and general welfare of its inhabitants.
B.Â
Where the provisions of this subtitle impose greater restrictions
than those of any other statute, ordinance, regulation, or resolution,
the provisions of this subtitle shall be controlling. Where the provisions
of any other statute, ordinance, regulation or resolution impose greater
restrictions than this subtitle, the provisions of such other statute,
ordinance, regulation, or resolution shall be controlling.
C.Â
Together with Title 6, Public Health Code, this subtitle shall be
commonly referred to as the "Animal Control Law" of the City.
The following words and phrases, as used in this subtitle and/or
rules and regulations adopted pursuant thereto, shall have the following
meanings, unless a different meaning is plainly required by the context:
Any live, vertebrate creature, domestic or wild, except human
beings. "Animal" shall be construed in a broad sense to also include
birds, fish, reptiles and insects.
Any establishment maintained and operated by a licensed veterinarian
for immunization, surgery and/or diagnosis and treatment of diseases
of and injuries to animals.
That section of the Bureau of Police created for the control
of animals within the corporate boundaries of the City, the head of
which shall be the Chief of Police.
Any premises, or any portion thereof, which is used for the
temporary or permanent harboring, care, confinement, or detention
of lost, stray, ill, or injured animals.
Any dog, cat or other animal that is intentionally or negligently
off the property of its owner, or not under restraint as defined herein,
or not under the immediate physical control of the owner, keeper or
another competent person capable of physically restraining the animal.
[Amended 9-28-2004 by Ord. No. 33-2004]
Any person, association, organization, entity or institution
which houses or maintains dogs or cats for the purpose of reproduction
for sale or exchange, show or training.
Any interior enclosure of limited space, enclosed on the
bottom and on all four sides by either solid walls or otherwise, in
which animals or other creatures are placed for any purpose, including
confinement or display. No cage shall be enclosed entirely by solid
walls.
Meat eating, as applied to predatory animals, wild by nature,
as distinguished from the common domestic animals, whether or not
such animal was bred or reared in captivity.
Any member of the genus and species known as "Felis domesticus."
Any indoor housing facility wherein cats are kept for the
purpose of leasing, buying, sale, boarding, show, breeding, exchange,
or placement as pets or other similar purpose and is so constructed
that the cats cannot stray therefrom.
Any member of the genus and species known as "Canis familiaris."
Any person or residence that takes in stray or unknown dogs
and cats for the purpose of rehabilitating and placing them free of
charge.
A condition, appropriate to the particular species of animal
involved, which is hygienic and conducive to the maintenance of the
animal's well-being and the prevention of disease.
A duly incorporated animal protection or animal welfare organization.
A representative of a duly incorporated animal protection
or animal welfare organization.
The action by the Police Bureau or authorized local agency
to apprehend, catch, trap, net, or, if necessary, kill any animal.
Any indoor housing facility wherein dogs are kept for the
purpose of breeding, hunting, training, leasing, buying, boarding,
sale, show, exchange, or placement as pets or other similar purpose
and is so constructed that dogs cannot stray therefrom.
Any of the mammalia class of higher vertebrates comprising
animals that nourish their young with milk secreted from mammary glands
and have the skin more or less covered with hair. For purposes of
this subtitle, man is excluded from the term "mammal."
Any animal whose conduct disturbs the rights of, or threatens
the safety of, or injures a member of the general public or another
animal, or interferes with the ordinary use and enjoyment of property
with such intensity so as to constitute a continuing injury, annoyance,
inconvenience or discomfort to the public health, safety or welfare.
Frequency of conduct may be a factor in determining a nuisance; however,
one incident may be sufficient to declare an animal to be a nuisance
animal.
[Added 9-28-2004 by Ord. No. 33-2004]
When applied to the proprietorship of a dog or cat, every
person having a right of property in such dog or cat, every person
who keeps or harbors such dog or cat or has it in his or her care,
and every person who permits such dog or cat to remain on or about
any premises occupied by him or her. "Owner" is also any person who
keeps, has temporary or permanent custody of, possesses, harbors,
regularly feeds, exercises control over, or has a property right in
any animal, livestock or fowl regulated by this subtitle, provided
that veterinary hospitals, animal clinics, commercial kennels and
pet shops and their employees shall not be construed to be owners.
Any business or person that acquires dogs and/or cats for
the purpose of resale, whether as owner, agent or consignee.
A structure used to immediately restrict a dog or cat to
a limited amount of space, such as a room, pen, run, cage, crate,
or compartment.
The state of being secured or controlled by leash or chain
or when a dog, cat or other animal is not confined within the real
property limits of its owner's premises by a building or appropriate
transportation device. This definition shall not apply to animals
participating in field trials or obedience classes organized and sanctioned
by nationally recognized animal clubs, animals assisting disabled
persons (i.e., guide dogs), animals assisting peace officers engaged
in law enforcement duties or while being trained for law enforcement
purposes, or an animal on its owner's property, so long as such animal
is under the direct and effective sound and gesture control and is
within sight and sound of its owner, or such individuals noted above,
and the animal does not violate any of the provisions of these ordinances.
[Amended 9-28-2004 by Ord. No. 33-2004; 5-14-2013 by Ord. No.
7-2013]
A doctor of veterinary medicine who has graduated from an
accredited and recognized school of veterinary medicine and possesses
a license to practice veterinary medicine.[1]
[1]
Editor's Note: The definition of "wild animal" which immediately
followed this definition was repealed 10-22-1996 by Ord. No. 16-1996.
There is hereby created an Animal Control Section in the Department
of Public Safety, Bureau of Police, the head of which shall be the
Chief of Police. The Police Chief may appoint or employ an animal
control officer and such other assistants and employees as may be
necessary for the proper performance of the duties and functions of
the Animal Control Section and may delegate to them such powers and
duties as deemed proper.
A.Â
The Chief of Police may adopt and promulgate rules and regulations
concerning the care and control of animals and facilities covered
by this subtitle in accordance therewith. The Chief, with the approval
of the Council, may establish license fees to be paid annually by
any person or other legal entity seeking a license for any animal
that is required to be licensed under the provisions of this subtitle
and may establish permit fees to be paid annually by any person or
other legal entity seeking a permit for a kennel, an animal clinic
or hospital, an animal shelter, or any similar commercial establishment
within the corporate limits of the City. The Chief, with approval
of the Council, may establish other fees and charges as authorized
in this subtitle.
B.Â
The Chief of Police, with the approval of the Council, may establish
a fee for the removal or disposition of every dead animal by the Animal
Control Section, or by any other agency or employee of the City, from
the premises of or for the benefit of any private property within
the corporate limits of the City, or any private animal clinic or
hospital, veterinarian's office, or any similar private institution,
society, or agency.
C.Â
The Chief of Police may suspend or revoke any permit or license issued
pursuant to this subtitle if the person issued such permit fails to
comply with the provisions of this subtitle, the rules and regulations
promulgated pursuant thereto, and any other provisions of the Codified
Ordinances or statutes of the Commonwealth of Pennsylvania governing
the care and control of animals and facilities.
D.Â
The Chief of Police or a designated representative may, at any time,
inspect all animals and the premises where animals are kept, provided
that the inspection is made in conformity with the provisions of these
Codified Ordinances and all other statutes applicable hereto.
E.Â
Those employees or agents of the City charged with the duty of chasing
running animals may pursue such animals onto City-owned property,
vacated property and unenclosed private property.
F.Â
The Chief of Police shall, upon complaint, determine if an animal,
owner, animal shelter, or commercial animal establishment is in violation
of this subtitle.
G.Â
The Chief of Police shall, upon written request, consider and decide,
in public meeting, whether to issue or reinstate a license or permit
which has been denied, suspended or revoked.
H.Â
Any person aggrieved by any action or refusal of action by the Chief
of Police under the provisions of this subtitle may appeal the matter
to the magisterial district judge of appropriate jurisdiction who
shall hear the matter de novo. The magisterial district judge may
affirm, reverse, or modify the action of the Chief of Police.
A.Â
Whenever the Chief of Police has reason to believe that a provision
of this subtitle has been violated, he or she may cause written notice
to be served upon the alleged violator. Such notice shall specify
the provision(s) of this subtitle alleged to have been violated and
the facts alleged to constitute a violation and shall include an order
that corrective action be taken within a reasonable time. Any such
order shall become final unless the person named therein requests,
in writing, a hearing within 10 days of the issuance of the notice.
B.Â
Upon request for a hearing, the Chief of Police or a designated hearing
officer shall hold a hearing at which all parties shall have the opportunity
to be represented by legal counsel. Within 15 days following the hearing,
the Chief of Police shall issue a written opinion affirming, modifying
or rescinding the order previously issued. The written opinion shall
state the evidence upon which the decision is based and shall include
a notice of the right of any aggrieved party to enter an appeal to
the magisterial district judge with appropriate jurisdiction.
C.Â
If corrective action is not taken by the violator within the time
specified in an order made pursuant to this section and an appeal
is not taken, the right to hearing will be deemed waived, and the
violator shall be issued a citation and summons by the magisterial
district judge with appropriate jurisdiction.
D.Â
All notices of violation(s) or other notices shall be served by regular
mail or in person by an employee of the Bureau of Police or any other
employee of the Department of Public Safety. In lieu of said service,
a copy of the notice may be posted conspicuously upon the premises
of the animal owner, keeper or possessor. Service by mail is deemed
complete if said notice is mailed to the last known address of the
recipient and is not returned as undeliverable.
E.Â
The Chief of Police shall review all licenses issued to animal owners
to whom notice of three or more ordinance violations has been issued
in a twelve-month period, and consideration shall be given to suspending
or revoking such licenses.
