[HISTORY: Adopted by the Town Council of the Borough of West View as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-6-1977 by Ord. No. 1194 (Ch. 58 of the 1977 Code)]
Word usage. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular number; and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Definitions. For the purpose of this article, the following terms shall have the meanings indicated:
- ABANDONED CAT
- A cat of any age which shall be left unattended and at large for a period of 72 hours or more.
- Any animal of the feline species, male or female.
- Any person having custody or control over a cat or permitting a cat to remain on the premises under his control.
- Every person having a right of property in such cat and every person keeping or harboring such cat or feeding such cat for more than 48 hours.
- Any individual, firm, partnership, corporation or association of persons.
- An establishment for the confinement of cats taken into custody by the Animal Control Officer.
- PUBLIC NUISANCE
- A cat that damages either public or private property or harms the lawful users or occupants thereof.
- STRAY CAT
- A cat having no known owner or custodian or known place of care or shelter.
Any person who owns, keeps or harbors any cat located within the Borough of West View or permits a cat to enter the corporate limits of the Borough of West View 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 otherwise violating this article.
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 property whatsoever. This provision shall apply to all privately owned property in the Borough except 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.
No person owning or keeping a cat shall permit such cat to become a public nuisance as defined herein.
No person shall abandon any cat of any age or permit a cat to become a stray.
Every female cat in heat shall be confined in a building or secure enclosure in such a manner that such female cat cannot come into contact with another cat except for planned breeding.
The Borough may, by resolution, establish a pound and/or appoint an Animal Control Officer whose duties shall include the enforcement of the provisions of this article. The Borough may, when authorized by resolution, contract with the Animal Control Officer for the collection, keeping, redemption or disposition of cats when taken into custody in accordance with the provisions hereof. The Animal Control Officer or authorized agent shall be empowered to take into his custody and impound cats reasonably believed to him to be stray or abandoned as defined herein and otherwise enforce the requirements of this article.
The Animal Control Officer designated and authorized by the Borough to enforce the provisions of this article shall, upon receipt of a complaint that a violation has taken place, investigate the complaint and, if a violation is found by him to exist, issue a summons to the owner or keeper or, if the cat is a stray or abandoned cat, take such cat into custody for a period of seven days prior to disposition by him in accordance with the provisions of this article. In addition, any cat that is the subject of a complaint may be taken into custody if it bears any identification of ownership and has a known owner or keeper but such owner or keeper cannot be located after reasonable efforts as made by the Animal Control Officer to deliver such cat to the owner or keeper.
If a cat bearing identification or evidence of ownership or place of abode is taken into custody pursuant to the provisions of this article, the Animal Control Officer or other authorized person shall immediately thereafter notify the owner or occupant of such place where the animal is found and taken into custody and that it may be claimed at a designated location subject to the charges and fees hereinafter set forth. The Animal Control Officer shall maintain a record of such notifications, including the date and names and addresses of persons notified.
During the aforementioned seven-day custodial period, any cat so taken into custody may be claimed by its owner upon payment to the Animal Control Officer or other authorized person of all reasonable expenses incurred by reason of its detention and care, not to exceed the sum of $5 for the taking into custody and maintenance of said cat for the first 12 hours, plus the sum of $1 for each additional day or any fraction thereof that said cat has been taken into custody. In addition to the foregoing fees and charges, a summons may be issued for the violation to a person who claims such cat as its owner or keeper.
Any cat which has been taken into custody pursuant to this article and which has not been reclaimed during the custodial period may be claimed by any person willing to assume the responsibility of ownership and custodial charges as set forth above. Otherwise, the cat may be disposed of in as humane a manner as possible and in accordance with euthanasia procedures recommended by the American Veterinary Medical Association.
The Animal Control Officer or his authorized agent or any municipal officer or agent authorized and empowered to perform any duty under this article is hereby authorized to enter upon any premises to enforce the provisions of this article.
No more than four cats shall be kept, maintained or harbored for more than 90 days in any residential housing unit or on its grounds. This provision shall not apply to cats which have been owned prior to the effective date of this article.
[Adopted 11-14-1990 by Ord. No. 1323 (Ch. 62 of the 1977 Code)]
For the purposes of this article, the definitions set forth in § 102 of the Law of the Commonwealth of Pennsylvania be and the same are hereby adopted by reference as fully as though said definitions were set forth at length herein.
Editor's Note: See 3 P.S. § 459 et seq.
An Animal Control Officer, to be designated by the Town Council of the Borough of West View, from time to time, together with all police officers of the Borough of West View, shall be authorized to enforce the provisions of the Dog Law of the Commonwealth of Pennsylvania in this article.
No person shall cruelly treat any dog in the Borough. The term "cruel treatment" shall include any beating, intentional infliction of injury or wound, underfeeding or the abandonment of any dogs.
All dogs shall be kept under restraint either by a leash, not to exceed eight feet in length, held by the owner or a responsible person or his agent or being kept within the exclusive premises of the owner. Violation of the provisions of this section shall be deemed, in addition to the provisions of the Dog Law of the Commonwealth of Pennsylvania, a public nuisance of the Borough of West View when such dog is not under restraints required by the provisions of this section.
[Amended 6-14-2000 by Ord. No. 1393]
Excessive, continuous or untimely barking, molesting of passersby, chasing of motor vehicles or bicycles, the habitual attacking of other domestic animals or trespassing on public or private property shall be deemed a public nuisance and a violation of the provisions of this article. For the purposes of this section, "untimely" shall mean any barking between the hours of 9:00 p.m. and 7:00 a.m. "Excessive" barking shall be defined as continuous barking for periods in excess of one hour without noticeable interruption. "Noticeable interruption" shall mean silence for 20 minutes or more in any one-hour period of time.
It shall be the duty of the owner of any dog in the Borough of West View to have the dog inoculated against rabies and to provide, upon request, by an enforcement officer of the Borough of West View a certificate of effective current inoculation by a veterinarian. The failure to comply with the provisions of this section shall be deemed a violation of this article.
No dogs, whether under restraint or otherwise, are permitted in the playgrounds, park areas or other public grounds or buildings of the Borough of West View.
Beyond owner's property. It shall be the duty of the owner of a dog or his agent to promptly remove the dog's excrement from any property beyond the premises of the owner and to clean such affected area immediately. For the enforcement of the provisions of this subsection, an owner or agent accompanying a dog under proper restraints as required under the provisions of this article shall carry on his person materials necessary to comply with the prior provisions of this subsection. Any owner of a dog who fails to so remove or clean the dog's excrement or to have available materials for this purpose shall be deemed in violation of this article.
Owner's property. Insofar as the private property is concerned, dog excrement found on the property which tends to cause noxious odors because of the owner's failure to dispose of or clean such excrement from his property shall constitute a public nuisance of the Borough of West View and a violation of the provisions of this article.
Any person, firm or corporation which may operate a dog kennel within the limits of the Borough of West View shall secure a special kennel license. Any person, firm, corporation or household having three or more dogs over the age of six months shall be deemed to be operating a kennel. The enforcement officer or police officers of the Borough of West View shall periodically inspect such kennels to determine the safe, sanitary and health conditions of such kennel. No dog shall be permitted to remain at any kennel unless a certificate of a duly authorized veterinarian is produced indicating that such dog has been inoculated against rabies within the past three years. The enforcement officials may, upon approval of the Borough Council, establish rules and regulations for the operation of a kennel within the Borough of West View. The fee for the issuance of a kennel license shall be $100.
Any person who is in violation of any of the provisions of this article, upon conviction thereof before a Magisterial District Judge, shall be sentenced to pay a fine of not less than $20 nor more than $300, together with the costs of prosecution. Each violation shall be considered a separate offense and shall be deemed committed on each day during or on which a violation occurs or continues.