[Adopted 6-11-1984 by Ord. No. 878 (part of Ch. 6 of the 1958 Code); amended in its entirety 12-10-2018 by Ord. No. 1425]
It shall be unlawful for the owner, custodian or keeper of any cat(s) to allow such cat(s) to become a nuisance in any manner within the corporate limits of the Borough of Tyrone.
A "nuisance" shall be construed to mean any cat(s) running at large, at any time, upon property other than the owner's or upon the streets, alleys or public grounds of the Borough of Tyrone, whereby said cat(s) creates a disturbance, defaces property or deposits excretions or animal wastes upon said property.
The following definitions shall apply to this article:
- Any dog, cat, domesticated animal or nondomesticated animal.
- Borough of Tyrone.
- The act of giving food to an animal to sustain its ability to live. This includes placing food in bowls or receptacles outside a home or structure for the purpose of consumption such that animals are able to access it without further human intervention.
- FERAL CAT
- An unowned free-roaming cat that is partially socialized or unsocialized to humans and tends to resist contact with humans.
- An animal shall be considered a nuisance if it habitually trespasses upon or damages either private or public property or annoys or harms lawful users or occupants thereof.
- Any person having a right of property in, having custody of or who harbors or permits a dog, cat, domestic animal or any nondomesticated animal to remain on or around his or her property.
- A natural person, firm, partnership, association or corporation.
- RUNNING AT LARGE
- Being upon any public highway, street, alley, park or any other public land or upon property of another person other than the owner and not being firmly secured by means of a collar and chain or other device so that it cannot stray or not being accompanied by or under the reasonable contact of some person.
- An eligible animal welfare organization appointed by the Borough of Tyrone to run a TNR program in the Borough.
- STRAY CAT
- Any cat whose owner or keeper from time to time allows the cat to run free off the property of the owner or keeper.
- TRAP, NEUTER AND RETURN (TNR)
- A nonlethal approach to feral cat population control where feral cats are humanely trapped, sterilized, vaccinated, ear-tipped and then returned to the location where they were originally trapped.
No person shall allow any animal confined on that person's premises to make any loud or harsh noise or disturbance which shall interfere with or deprive the peace, quiet, rest or sleep of any person within the Borough.
No person shall permit any animal owned by him or under his supervision or control to run at large at any time upon the public streets, alleys, highways, or public grounds of the Borough or upon the private property of any other person or upon any property other than property belonging to the owner of such animal or to a person under whose supervision or control of such animal is being kept.
The provisions of this section shall apply to all animals found running at large in violation of this section, irrespective of payment for or issuance of any license in respect to the animal involved.
The Borough Council is hereby empowered and authorized to engage the services of a qualified and suitable person to enforce the provisions of this section.
Any police officer or law enforcement officer of the Borough is hereby authorized to seize and detain any animal running at large in violation of § 61-5 or any animal concerning which information has been received that such animal had been running at large. Any animal so seized may be held by the Borough for up to 48 hours or immediately turned over to an appropriate shelter or animal rescue organization, provided that such shelter or organization has the ability to detain it. Immediate notice of such seizure, either personally by certified mail or email, with return receipt requested, shall be given to the person in whose name the license, if any, was issued, or his agent, to claim such animal within 48 hours after receipt thereof. In the event that the animal does not bear a proper license tag, immediate notice, either personally or by certified mail or email, return receipt requested, shall be given to the person, or his agent, known to be the owner of such animal.
If, after 48 hours of such notice as set forth in § 61-6, such animal has not been claimed, the police officer or law enforcement officer shall convey the animal to a shelter, animal rescue or foster care. No licensed animal shall be adopted or sold unless said licensed animal remains unclaimed five days after notification, evidenced by obtaining a return receipt if notified by certified mail or email. Where the owner or agent of an unlicensed animal is not known, the police officer or law enforcement officer shall convey such animal to a shelter, animal rescue, or foster care. No animal shall be sold for the purpose of vivisection or research or be conveyed in any manner for such purposes.
It shall be unlawful for any owner of any cat to permit such cat to run free or feed outside the residence of its owner or keeper.
It shall be unlawful for any person to continue to feed stray or feral cats, where such feeding causes a nuisance to neighbors or creates a condition contrary to the health, safety, and welfare of the community.
Animal welfare organizations may make application to the Borough to serve as a sponsor of a TNR program. Sponsors appointed by the Borough shall have the following responsibilities:
Register each feral cat colony they are managing with the Borough. Information submitted to the Borough shall include general location (neighborhood), number of cats in the colony, and number of caretakers working with the colony.
Record and report to the Borough, on an annual basis, the intake and disposition of each feral cat brought to the facility.
Record and report to the Borough, on an annual basis, the total number of members and the number of sterilized members of each feral cat colony within the Borough for which they have implemented a TNR program.
Record and report to the Borough, on an annual basis, the number of kittens born into each feral cat colony within the Borough for which they have implemented a TNR program.
Address complaints received by the Borough and passed along to the sponsor regarding caretaker behavior and serve as an intermediary to address and, where possible, remediate the behavior within a reasonable time, based on the matters at issue and utilizing Borough resources when necessary.
Any person violating any provisions of this article, in a summary proceeding before any Magisterial District Judge, upon conviction, shall be sentenced to pay a fine of not less than $50 and not more than $600, plus costs of prosecution, and, in default of payment of such fines and costs, to be imprisoned for not more than 30 days. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
The provisions of this article shall be enforced by the Police Department of the Borough of Tyrone or other person designated by the Borough of Tyrone.