[HISTORY: Adopted by the Borough Council of the Borough of
Northampton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-9-1978 by Ord. No. 916 (Ch. 2, Part 1, of the
1993 Code of Ordinances)]
[Amended 7-15-1993 by Ord. No. 1048; 4-25-1996 by Ord. No. 1071]
It shall be unlawful to keep any pigs, chickens, sheep, cows, horses, donkeys, pot-bellied pigs, rats, mice, ducks, geese, ostriches, pigeons (other than homing pigeons and racing pigeons), ferrets, ocelots, monkeys, chinchillas, poisonous and nonpoisonous snakes, scorpions, poisonous and nonpoisonous frogs, skunks or wild animals of any kind on any properties. It shall be unlawful to keep any animal in a manner which causes foul, nauseous or other animal-type odors to permeate beyond the property boundary. Said determination of the violation to be within the discretion of the Health Officer. It shall be unlawful to keep more than six cats or dogs or any combination thereof on a property within a residential district as defined by Chapter 250, Zoning, or in any house. The Board of Health of Northampton shall have the authority to prohibit the keeping of other animals which it determines are detrimental to the public and/or safety of the residents of the Borough. Nothing in this article shall prohibit the keeping of more than six dogs or cats in any business regularly engaged in the retail sale of animals; provided, that all appropriate local, State and/or county licenses are held. Nothing in this article shall prohibit the keeping of any animal otherwise prohibited under this article for commercial purposes in the Conservation Zoning District; provided, that the said use is otherwise lawful and appropriately licensed, and that the animals are not permitted to run at large. Nothing in this article shall prohibit anyone who owns and maintains homing pigeons and racing pigeons prior to the effective date of this article, said resident shall be allowed to keep said animals until such time as they pass away; provided, that said animals are registered with the Animal Control Officer within 90 days of the effective date of this article.
[Amended 4-25-1996 by Ord. No. 1071]
A.
Defecation by animals. No person owning, harboring, keeping, or in
charge of any animal shall cause, suffer or allow such animal to soil,
defile, defecate on or commit any nuisance on any common thoroughfare,
sidewalk, passageway, bypath, play area, park or any place where people
congregate or walk, or upon any public property whatsoever, or upon
any private property without the permission of the owner of said property.
The restriction in this section shall not apply to that portion of
the street lying between the curblines, which shall be used to curb
such animals under the following conditions:
(1)
The person who so curbs such animal shall immediately remove all
feces deposited by such animal by any sanitary method approved by
the Board of Health.
(2)
The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring, keeping or in charge
of any animal curbed in accordance with the provisions of this article,
in a sanitary manner approved by the Board of Health.
B.
Control of animals. It shall be unlawful for the owner or keeper
of any animal to fail to keep at all times such animal either: confined
within the premises of the owner; or firmly secured by means of a
collar and chain or other device so that it cannot stray beyond the
premises on which it is secured; or under the reasonable control of
some person, or when engaged in lawful hunting or field training,
accompanied by an owner or handler.
C.
Noise violations by animals. No person owning, harboring, keeping
or in charge of any animal shall cause, suffer, or allow such animals
to make noise to the extent that it becomes a nuisance to other persons.
Such noise shall be considered a nuisance when the residents of two
or more separate households file complaints. However, any official
authorized to enforce this article may, in the absence of two separate
complaints, deem the noise created by any animal to be a nuisance
if the noise is in his presence and he considers it to be a substantial
infringement upon the rights to peace of residents of the neighborhood.
D.
Feeding of animals which run at large. It shall be unlawful for any
person to feed any cat, dog, duck, goose, pigeon or other animal which
runs at large or congregates in the Borough, unless the animals are
in a designated feral cat area managed by the Northampton Borough
Animal Shelter or the resident(s) has/have been expressly instructed
by the Animal Control Officer to feed said animal and take said animal
to the shelter.[1]
It shall be unlawful for any property owner to permit the accumulation
of any animal waste on any residential property within the Borough.
In the event that any person sustains a bite by any animal,
such person or his agent, or in the case of a juvenile, the person
having legal custody, shall as soon as it is practical, report the
bite to the Borough Police Department. The Chief of Police or police
officers designated by him shall investigate the complaint and make
contact with the owner of the offending animal. The owner of the offending
animal shall be required to confine the animal for a period of 10
days. Such confinement shall be in a manner which guarantees that
the animal in question has no contact with any other animals during
the confinement period. If the owner of the animal agrees to adequately
confine the animal, he shall indicate his intention to comply on an
Animal Confinement Agreement Form supplied by the Police Department.
If the owner refuses or fails to confine the animal or if the confinement
measures taken by the owner are insufficient to guarantee separation
of the animal from other animals, the Police Department shall seize
the animal and confine it for the ten-day period. Cost of such confinement
shall be borne by the owner of the animal. At the expiration of the
ten-day confinement period, the animal in question shall be examined
by a licensed veterinarian to guarantee that the animal is free of
rabies. A copy of the veterinarian's findings shall be forwarded
to the Borough Police Department. The cost of this examination shall
also be borne by the owner of the animal in question.
Any person who owns, harbors, keeps or is in charge of any animal
shall be responsible at all times for the actions of that animal.
Such person shall be liable for any injury or death wrongfully caused
by such animal to any person or any other animal and for the property
damage sustained by any person as a result of the actions of such
animal.
The Animal Control Officer or other persons authorized by the
Chief of Police or Borough Manager shall have the authority to enter
any premises within the Borough and seize any animal which is sick
or injured and is not being properly cared for or where any animal
is in any way being maltreated to the extent that the animal's
health is threatened. Such animal shall be provided with adequate
shelter and shall be given whatever professional care is needed to
restore it to health. In the event that a licensed veterinarian determines
that the animal is suffering and is beyond recovery, steps shall be
taken to dispose of the animal. The cost of this care or disposal
shall be borne by the owner of the animal. The owner of any animal
seized under this section shall have the right to have the animal
returned at such time that adequate steps have been taken to guarantee
the proper care for the animal and provided that there is no history
of animal abuse by the individual. The owner of a seized animal shall
initiate the return of the animal by filing with the Police Department
a Request of Seized Animal Form. Such form shall detail the steps
taken by the owner to guarantee the future safety of the animal. This
form shall be reviewed by the Animal Control Officer, who shall determine
whether the animal shall be returned. In the event that the owner
does not wish the return of the animal or where there is a history
of animal abuse or where the owner refuses to take reasonable steps
to guarantee the future safety of the animal, the Animal Control Officer
shall take appropriate steps to place the animal.
The provisions of this article shall be enforced by the Police
Department, Health Officer, Code Enforcement Officer, or any official
so designated by the Borough Manager.
[Amended 7-15-1993 by Ord. No. 1048]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this article continues shall constitute a separate offense.
[Adopted 11-9-1995 by Ord. No. 1069 (Ch. 2, Part 2, of the
1993 Code of Ordinances)]
This article shall be known and may be cited as the "Waterfowl
Ordinance."
Relating to prohibiting the feeding of migratory waterfowl or
creating any condition causing a congestion of said waterfowl which
results in an accumulation of waterfowl droppings or damage to plants
or property or which results in a threat or nuisance to the public
health, safety or welfare, reading in words and figures as follows.
As used in this article, the following terms shall have the
meanings indicated:
Shall include those species of birds not otherwise defined
as a domesticated animal in this article, commonly known as swans,
geese, brants, river and sea ducks and any other waterfowl falling
under the jurisdiction of the Pennsylvania Game Commission or otherwise
defined by the laws of this commonwealth as wild birds, game birds
or waterfowl.
It shall be unlawful for any person either to:
A.
Health Officer's duty to abate a waterfowl nuisance. Whenever
the Health Officer becomes aware that migratory waterfowl are being
fed in violation of this article, or that a congregation or congestion
of said migratory waterfowl, as prohibited by this article exists,
he shall:
(1)
After notifying and consulting with the appropriate Pennsylvania
Game Commission official, declare that a nuisance exists.
(2)
Shall give notice of the nuisance to the owner or occupant of the
premises upon which the nuisance exists or the feeding is occurring.
Notice shall be deemed sufficient if it shall have been served either
personally, or by posting such notice upon the property in question
or by mailing such notice through the United States mail; mailed notice
to be deemed served upon proof that such notice was deposited in the
United States mail, first-class postage prepaid and addressed, in
the case of an individual, to his business address, residence address
or such address as the records of the assessor shall reveal to be
his address for tax purposes; or, in the case of a corporation, to
the registered office or agent of such corporation as the records
of the Secretary of the Commonwealth of Pennsylvania shall reveal.
If the owner of the property is the commonwealth, service shall be
upon the Pennsylvania Game Commission. If the owner of the property
is the county, service shall be upon the county executive. If the
owner of the property is the Borough of Northampton, service shall
be upon Borough Council. Such notice shall order the nuisance to be
immediately abated and/or that such feeding shall immediately stop.
B.
Health Officer's power to remove a congregation.
(1)
The Health Officer shall have all powers necessary, upon application
by a citizen, or at his own discretion, to disperse or remove any
congregation or congestion of migratory waterfowl by any lawful means.
(2)
Before taking any steps to remove or disperse any congestion or congregation
of migratory waterfowl, the officer shall meet and confer with the
appropriate Commission official, and with the advice and consent of
that official, determine the appropriate method and means of removing
or dispersing the migratory waterfowl considering first the health,
safety and welfare of the citizens of the Borough of Northampton,
and, second, the health, safety and welfare of the migratory waterfowl.
(3)
Whenever the officer, after consultation with the Pennsylvania Game
Commission, determines that waterfowl shall be dispersed by scare
tactics or noise tactics, he may delegate implementation of the plan
developed by his consultations to any responsible citizen or citizens
in the affected neighborhood. This subsection shall not be construed
to authorize any private citizen to discharge any firearm or to use
any device which launches a projectile of any type.
(4)
The Health Officer shall apply for and secure all permits necessary
by law prior to taking any action.
C.
Avian nuisances. Whenever the Health Officer becomes aware that birds,
not otherwise protected, regulated or controlled by federal or state
law, rule or regulation, are congregating or flocking together in
such numbers as to cause a health hazard or are interfering with the
peace, quiet, comfort or repose of the inhabitants of the Borough
of Northampton, he may take whatever steps are necessary to remove
or disperse the congregation or flock.
D.
Health Officer may delegate certain powers.
(1)
In order to remove or disperse congregations or flocks of birds constituting
a nuisance as defined by this article, the Health Officer may delegate
the implementation of his dispersal plan to any responsible citizen
or citizens in the affected neighborhood by permit, specifying the
name of the permittee, date of issuance, date of expiration and details
of the plan to be delegated.
(2)
This article shall not be construed to empower the Health Officer
to authorize any private citizen to discharge any firearm or to use
any device which launches a projectile of any type.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punishable by a
fine of not more than $500 or by imprisonment for a term not to exceed
90 days, or by both such fine and imprisonment, at the discretion
of the court. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
