[Amended 4-23-1998 by Ord. No. 1583; 12-13-2001 by Ord. No. 1690]
A. As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
ANIMAL
Any domestic animal or fowl, any wild animal or any household
pet.
DOMESTIC ANIMAL
Any animal normally or ordinarily domesticated or raised
in this area and climate as livestock or for work or breeding purposes
or normally or ordinarily kept as a household pet.
HOUSEHOLD PET
Any dog, cat or other domestic animal normally and ordinarily
kept in or permitted to be at large in the dwelling of its owner.
LARGE ANIMAL
Any wild or domestic animal of the bovine, equine or sheep
family.
NUISANCE
Any noise or conduct which shall disturb the peace of a neighboring
owner or occupant of property or of the neighborhood and shall include,
but shall not be expressly restricted to, the following:
(1)
Unreasonable noise and unreasonable noise disturbance, such
as howling, barking or making other noises, by any other animal, which
shall disturb the peace of a neighboring owner or occupant of property
or of the neighborhood.
(2)
Any act of viciousness or dangerous action by any animal.
(3)
Conduct of any animal in digging or otherwise damaging shrubbery,
trees, lawns or other personal property not belonging to the owner
of said animal.
(4)
Any other acts which unreasonably interfere with the use and
enjoyment of the property of another or the use of property by another.
PERSON
Any person, firm, partnership, association or corporation.
SMALL ANIMAL
Any wild or domestic animal such as a rabbit, hare, guinea
pig, rat, mouse or chinchilla; and any wild or domestic fowl such
as a chicken, turkey, goose, duck or pigeon (excepting homing pigeons).
WILD ANIMAL
Any animal, including bird, fowl or reptile, not normally
or ordinarily raised in this climate as livestock or for work or breeding
purposes or not capable of being kept as a household pet.
VICIOUS DOG
Any or all of the following, excepting police dogs, squad
dogs or guard dogs acting under supervision of a police officer or
prison guard: 1) any dog which is trained to attack or cause injury
or to otherwise endanger the safety of human beings or domestic animals;
2) any dog which bites, inflicts injury, assaults ("assaults" shall
include dogs at large approaching any person upon the streets, sidewalks
or other public grounds or places in a threatening or terrorizing
manner without provocation), or otherwise attacking a human being
without provocation; 3) any dog which is deemed a dangerous dog under
and pursuant to 3 P.S. § 459-101 et seq., (the "Dog Law,"
as amended). Notwithstanding the provisions detailed above, no dog
may be declared a vicious dog for inflicting injury or damage on any
person committing a willful trespass or other tort upon premises occupied
by the owner of the dog, or teasing, tormenting or abusing or assaulting
the dog, or committing or attempting to commit a crime. No dog may
be declared vicious for taking any action to defend or protect a human
being within the immediate vicinity of the dog from an attack or assault.
B. In this article, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine.
It shall be unlawful for any person to keep any pigs, hogs or
swine at any place within the City.
[Amended 4-23-1998 by Ord. No. 1583]
A. Only that number of animals, including dogs or other animals, which
shall not constitute a nuisance or a risk to the public health or
safety shall be kept, maintained or harbored in a residential housing
unit or on its grounds.
B. It shall be unlawful for any person to keep any animals, except household
pets, except as provided in this section.
(1) Large animals shall be confined in quarters no part of which shall
be closer than 100 feet from the exterior limits of any dwelling or
of any property line.
(2) Small animals shall be kept confined in quarters located upon the
premises of the owner and positioned so as not to interfere with the
use or enjoyment of the property of others.
(3) The keeper of every such animal shall confine the same in an enclosure
sufficient to prevent such animals from running at large, and such
enclosure shall be of a size conducive to good sanitary practices,
and adequate and sanitary drainage facilities shall be provided.
(4) Every keeper of any animal shall cause the litter and droppings therefrom
to be collected daily in a container or receptacle that, when closed,
shall be ratproof and flytight and, after every such collection, shall
cause such container or receptacle to be kept closed. At least twice
a week, every such keeper shall cause all litter and droppings to
be disposed of in such manner as not to permit the presence of fly
larvae.
(5) Every keeper of any animals shall cause all feed provided therefor
to be stored and kept in a ratproof and flytight building box, container
or receptacle.
It shall be unlawful for any person to keep any household pet
except as provided in this section:
A. If any such pet shall be kept in a dwelling owned or occupied by
its owner, such owner shall be required to follow such procedures
and practices as to the number of such pets to be kept there and as
to sanitation to ensure that no public nuisance shall be created or
maintained and no threat to the health of persons living elsewhere
than in such dwelling shall be created.
B. If any such pet shall be kept in an enclosure outside such dwelling, the provisions of §
115-3 of this article, insofar as the same apply to small animals, shall be applicable to the keeping of such household pet.
Any violation of this article that would also violate any state
law shall be prosecuted under that state law and not under this article.
[Added 4-23-1998 by Ord. No. 1583]
The position(s) of Animal Enforcement Officer is/are hereby
created within the City of Washington. Said position may be filled
by the members of the Police Department designated as the dog handlers
as well as the individuals appointed by the City as Animal Enforcement
Officer under the terms and conditions set forth by Mayor and Council,
as an independent contractor or otherwise, and who shall in all respects
enforce the provisions of this article and the 1982 Dog Law, as amended.
[Added 4-23-1998 by Ord. No. 1583]
A. Any person owning a vicious dog must register the dog with the City
of Washington and pay a fee of $50 per year or $250 for the life of
the dog for such registration. Upon licensing a vicious dog, the owner
shall display, in a conspicuous manner, a sign on his premises warning
that there is a vicious dog on the premises. The sign shall be visible
and legible from the sidewalk and street.
B. The owner of a vicious dog shall not permit such dog to go beyond
confined bounds of the owner's premises unless the dog is securely
leashed and muzzled. Vicious dogs confined outdoors must have a pen
or structure with sides and a secure top. Pens must have bottoms secured
to the sides or be embedded in the ground no less than two feet.
C. Any dog which is a vicious dog pursuant to the terms of this article
and not registered with the City of Washington as a vicious dog shall
be immediately seized and detained. Upon such seizure, an animal enforcement
officer shall, by written notice sent by both certified and first
class mail or posted upon the owner's premises, notify the owner
of such seizure and detention and the requirements to register the
dog within 10 days of the date of seizure. Should the owner fail to
register the dog with the City as a vicious dog within such ten-day
period, the City Animal Enforcement Officer shall bring suit with
the local Magisterial District Judge to have said dog be deemed a
dangerous dog in accordance with the Dog Law. The dog shall continue
to be detained by the City Animal Enforcement Officer until such time
as the dog is registered in accordance with this article. Owners of
dogs detailed under this section shall be fined $20 per day for each
day which said dog is detained. Should an animal enforcement officer
deem any dog to be a vicious dog in accordance with this article or
by posting on the premises of the owner, a City animal enforcement
officer shall, by written notice sent United States Mail, postage
prepaid and certified to the owner, notify the owner of the requirements
to register that dog as a vicious dog with the City. Should the owner
fail to so register said dog as a vicious dog with the City within
10 days of the date of such notice, the dog may be detained by an
animal enforcement officer, who must follow the same procedure set
forth for detaining a dog if the dog is a vicious dog in accordance
with this article.
D. The owner of a dog known to be a vicious dog by prior registration
with the City or a dog deemed dangerous under state law, found not
to be complying with this article, shall be fined not less than $500
and not more than $1,000, together with the cost of prosecution, for
the first offense; nor more than $1,500 and cost of prosecution for
the second or subsequent offenses.
[Added 4-23-1998 by Ord. No. 1583; amended 8-8-2002 by Ord. No.
1700]
No owner, custodian or keeper of any dog shall allow or permit any such dog to leave excrement upon the streets, alleys, public grounds or on the property of any City resident in the City unless such owner, custodian or keeper immediately removes the excrement and disposes of it in a sanitary manner. Anyone violating this provision may be cited by the Code Enforcement Officer of the City of Washington, by the City Animal Enforcement Officer or by a member of the City of Washington Police Department, and said person may be fined or otherwise penalized as set forth in the penalties section, §
115-9 of this article.
[Added 4-23-1998 by Ord. No. 1583; amended 12-7-2006 by Ord. No.
1766]
A. Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B. Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C. Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.