[Ord. 349, 3/22/1982, § 1]
This Part is enacted to regulate the maintenance, keeping and
possession of animals within the Borough in order to promote the health,
safety and general welfare of the residents of the Borough.
[Ord. 349, 3/22/1982, § 2]
As used in this Part, these terms are to be defined as follows:
All non-human vertebrate and invertebrate species - wild
or domestic - to include, but not be limited to, birds, fish, reptiles,
insects, livestock, pets and fowl.
The Borough of Fountain Hill, Pennsylvania.
A box or enclosure, shaped in any particular form, having
as its purpose the storing, housing or confining of animals. The purpose
may be either temporary or permanent.
[Ord. 349, 3/22/1982, § 3]
An Animal Control Officer shall be appointed by the Borough
Council for such term and shall be paid such compensation as they
deem appropriate. Such officer shall be assigned such duties and responsibilities
as are necessary to carry out the terms of this Part. He shall have
the authority to inspect the premises of any place where animals are
kept or located at a reasonable time and in a reasonable manner for
the purpose of enforcing this Part.
[Ord. 349, 3/22/1982, § 4]
It shall be unlawful for the owner, custodian or keeper of any
animal to allow such animal to run at large, at any time, either upon
any of the streets or public grounds of the Borough, or upon the private
property of anyone other than the owner, custodian or keeper at all
times, and such person shall be responsible for the immediate removal
of the feces discharged by the animal on any of the streets, sidewalks
or public grounds of the Borough, or upon the private property of
anyone other than such person.
[Ord. 349, 3/22/1882; as added by Ord. 449, 4/3/1989]
1.
No owner of any animal or any person having the care, custody and
control of any animal shall permit the same to discharge or deposit
any fecal matter upon the property of another without immediately
removing such a matter and disposing of it in a sanitary manner. The
term "property of another" shall be interpreted to include the property
of the Borough of Fountain Hill or of any other political subdivision.
2.
No owner or possessor of real property shall permit animal fecal
matter to accumulate on such property for more than 48 hours and it
shall be the owner's or possessor's responsibility to daily
remove such matter to prevent any such accumulation from becoming
a danger to public health.
[Ord. 349, 3/22/1982, § 5]
Any person or persons maintaining one or more animals under
the jurisdiction of this Part must:
A.
Provide proper shelter and protection from the weather;
B.
Provide sufficient, wholesome food and water free from contamination;
C.
Provide sufficient space in any cage for animals to stand up, lie
down, and turn around without touching the top or sides of the cage;
and
D.
Provide sufficient clean, dry bedding to meet the needs of each animal.
No condition shall be maintained or permitted to exist that is knowingly
injurious to the health of any animal.
[Ord. 394, 10/6/1986]
Subject to the limitations or exceptions hereinafter set forth,
no person, shall own, keep or harbor any animal over six months of
age within the Borough of Fountain Hill unless such animal is vaccinated
and licensed.
1.
The provisions of this section shall not apply to animals owned by
a licensed research facility or held in a licensed veterinary facility
or licensed animal shelter.
2.
Animals which shall be vaccinated as set forth in subsection (4) are those for which an approved rabies vaccine is available as set forth in the latest "Compendium of Animal Rabies Vaccines and Recommendation for Immunization" published by the National Association of State Public Health Veterinarians.
3.
Animals which shall be licensed are those for which the Commonwealth
of Pennsylvania acting through the County of Lehigh, as agent, require
the issuance of a license.
4.
It shall be unlawful for the owner or custodian of a dog or cat to keep, harbor or have in custody or control, a dog or cat six months or older for longer than 14 days, unless such dog or cat has a current vaccination against rabies as set forth in subsection (2).
5.
Animals shall be vaccinated against rabies only by licensed veterinarian,
who shall issue a certificate of vaccination to the owner together
with a durable vaccination tag indicating the year of issuance.
6.
Animals subject to either license or vaccination or both, must wear
the tags at all times. Such tags shall be attached to the collar of
the animal. Any animal found not bearing the appropriate current identification
tags as herein specified shall be subject to impoundment and the owner
subject to fine as hereinafter set forth.
[Ord. 394, 10/6/1986]
1.
Any animal found running at large shall be impounded by the Animal
Control Officer in a cage and confined in a humane manner. Immediately
upon impounding an animal, the Animal Control Officer shall make every
reasonable effort to notify the owner and inform such owner of the
conditions whereby custody of the animal may be regained. Such conditions
may include the reasonable costs incurred during impoundment including,
but not limited to, the cost of food, shelter, transportation and
administrative expense. Animals not claimed within a period of 10
days shall become the property of the Borough or its assigns.
2.
When an animal is found running at large and its ownership is verified
by the Animal Control Officer, the Animal Control Officer may exercise
the option of serving the owner with a notice of violation of this
Part in lieu of, or in addition to, impounding the animal.
3.
In the event the Animal Control Officer finds animals to be suffering,
he shall have the right forthwith to remove, or cause to have or to
euthanize, or cause to be euthanized, the animal when necessary to
prevent further suffering. Return of the animal to the owner may be
withheld until the owner shall have made full payment for all expenses
incurred including, but not limited to, the cost of food, shelter,
transportation, veterinary services, medical supplies, and administrative
tasks.
4.
Disposal of an animal by any method specified herein does not relieve
the owner of liability for violations and any incurred charges.
[Ord. 394, 10/6/1986]
1.
No animal impounded or quarantined under the provisions of this Part
may be redeemed until (1) the animal complies with the vaccination
and licensing requirements of this Part, and (2) all applicable costs
have been paid, and (3) all fines levied under this Part have been
paid, and (4) if the animal was impounded for rabies quarantine, then
redemption shall also require the approval of the Animal Control Officer.
2.
Payment of impoundment fees is not considered to be in lieu of any
fine, penalty, vaccination or license fee.
[Ord. 394, 10/6/1986]
1.
The Animal Control Officer is hereby authorized to investigate a
reported animal biting incident or any suspicion of exposure to rabies,
and to notify the animal's owner using an appropriate quarantine
notice that said animal must be quarantined in accordance with this
Part for a period of not less than 10 days, full days following, but
not including the day of the bite. All costs for professional services,
quarantine, vaccination, observation, shall be the responsibility
of the owner and may be deemed due payable as incurred.
2.
It shall be unlawful for the owner of any animal which bites any
person, regardless of the circumstances or whether the animal is vaccinated
for rabies protection or not, not to confine said animal either within
an enclosure at home, a veterinary hospital, or restricted by leash
composed of chain or other indestructible material, for the period
set forth in (1) above.
3.
It shall be unlawful to destroy any quarantined animal which should,
for any reason, die during the quarantined period as set forth in
(1) above, regardless of the animal's whereabouts at the time
of the death. Within three hours of the animal's death, the Animal
Control Officer shall be advised and given custody of the entire carcass.
No part of the carcass may be destroyed, removed, or altered by the
owner or any individual.
[Ord. 349, 3/22/1982, § 6; as amended by Ord. 394,
10/6/1986]
1.
No premises may be used or occupied and no structure may be erected
or maintained for the harboring of pigeons, pheasants, ducks, geese,
poultry, fowl, swine, goats, sheep, lambs, horses, ponies, donkeys,
snakes, cattle, monkeys, chinchilla, minks, skunks or foxes, or other
like or similar animals.
2.
No premises may be used or occupied and no structure may be erected
or maintained for the harboring of any wild or exotic animals as defined
and prohibited by Title 50, Code of Federal Regulations, or otherwise
controlled by the Commonwealth of Pennsylvania, or any such animals
which are dangerous, wild, fierce, noxious or naturally inclined to
do harm.
3.
No premises may be used or occupied and no structure may be erected
or maintained for the harboring of more than a total of four dogs,
cats, rabbits or similar animals.
[1]
Numbered § 207 by Ord. 449.
[Ord. 349, 3/22/1982, § 7; as amended by Ord. 394,
10/6/1986]
Any person who violates any provision of this Part or any of
the rules and regulations pursuant hereto shall, upon conviction thereof,
be ordered to pay a fine of not less than $25 or more than $300, or
to imprisonment for a period not to exceed 30 days, or both. Each
day's violation shall constitute a separate offense.
In addition, Borough Council may authorize the Animal Control
Officer to institute any appropriate action or proceeding to restrain,
correct or abate a continuing violation of any provision of this Part.
[1]
Numbered § 208 by Ord. 449.
