[HISTORY: Adopted by the Borough Council of the Borough of
Millvale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-29-1998 by Ord. No. 2110; amended in its entirety 12-13-2022 by Ord. No.
2819]
Except as defined otherwise in this article, words used in this
article shall have the meaning defined in the generally accepted dictionary
or the Commonwealth of Pennsylvania Dog Law, 3 P.S.§ 459-101
et seq.
Any domestic or nondomestic animals (wild) animals.
Shelter for animals providing safety or protection from the
weather
The statute found at 3 P.S.§ 459-101 et seq.
Any animal typically or ordinarily domesticated or raised
in this area and climate for livestock or breeding purposes or is
usually ordinarily kept as a household pet. For this definition, chickens
being kept for noncommercial use may be considered domestic fowl.
Not a pet. An emotional support animal is a companion animal
that provides therapeutic benefit to an individual with a mental or
psychiatric disability. The person seeking the emotional support animal
must have a verifiable disability (the reason cannot just be a need
for companionship).
The separation and appropriation of land utilizing walls
or fences, including an underground and/or nonoffensive electronic
fence.
Any person employed by the Borough whose duty is to preserve
peace, make arrests or enforce any law, including police officers,
auxiliary police officers, code enforcement officers, zoning officers,
or animal control officers.
Any fowl or animal generally found on a farm, such as goats,
chickens, turkeys, geese, ducks, and pigeons, including homing pigeons.
An unowned or stray cat that lives outdoors and avoids human
contact.
Any dog, cat, or other domesticated animals usually and ordinarily
kept in or permitted to be at large within the dwelling of an owner.
Any business operated for the sole purpose of breeding, raising
animals for sale, or boarding other people's animals.
Shall include the following:
An animal shall be considered a nuisance for habitually trespassing
upon or damaging private or public property or which annoys or harms
lawful users or occupants.
Any animal activity or nonactivity which produces or causes
directly or indirectly excessive noise, continuous noise, pollution,
offensive odors, or excrement which causes inconvenience or damage
to others.
Any disturbance which shall interfere with or deprive any person's
peace, quiet, rest, or sleep within the Borough.
Any violation of the Pennsylvania Dog Law[1] shall be deemed to be a nuisance under this article.
It shall be a nuisance for an occupant or controller of property
to have custody of, to the harbor, or to permit any animal to run
at large.
Any other acts or conduct held or found to constitute a nuisance
at common law or by any court of the Commonwealth of Pennsylvania.
A person having the right of property or custody of a dog,
cat, or other domestic animal or who keeps or harbors a dog, cat,
or another domestic animal, or knowingly permits a dog, cat, or another
domestic animal to remain on or about any premises occupied by that
person.
A natural person, firm, partnership, association, or corporation
An injurious animal that is harmful to humans, other animals,
or property.
All animals shall be considered under restraint if it is
within the absolute property of their owner, secured by a leash or
leader, under the control of a responsible person, or within a structure
or electronic fence.
Dogs that are individually trained to do work or perform
tasks for people with disabilities. Examples of such work or tasks
include guiding people who are blind, alerting people who are deaf,
pulling a wheelchair, alerting, and protecting a person who is having
a seizure, reminding a person with mental illness to take prescribed
medications, calming a person with post-traumatic stress disorder
(PTSD) during an anxiety attack, or performing other duties. Service
animals are working animals, not pets. The work or task a dog has
been trained to provide must be directly related to the person's
disability. Dogs whose sole function is to provide comfort or emotional
support do not qualify as service animals under the ADA.
A dog, cat, or another domestic animal that constitutes a
physical threat to humans or other animals
Any animal bird, fowl, or reptile not normally or ordinarily
domesticated, not commonly or ordinarily raised in this area and climate
as livestock or for work or breeding purposes, or not usually or ordinarily
kept as a household pet.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
From and after this article, for any person to keep or harbor
within the Borough any of the following domestic animals: equine animals;
bovine animals; sheep, goats, pigs, poultry, fowl, roosters, mink,
or any wild animal maintained in captivity. These animals are hereafter
referred to as "prohibited domestic animals."
From and after the date of this article, it shall be lawful
for any person to own, harbor, and maintain the following animals
as domestic pets: dogs (Canis familiaris); cats (Felis catus); confined
hares, confined birds, confined rodents and confined reptiles. These
animals are hereafter referred to as "permitted domestic animals."
Nothing in this article shall permit the keeping, breeding, and raising
of these animals for sale.
From and after the date of this article, it shall be unlawful
for any persons to own, harbor, and maintain within the Borough of
Millvale any poisonous reptile or other dangerous carnivorous wild
animal or reptile, including any other nonpoisonous snake not native
to the Commonwealth of Pennsylvania, as well as any other animal of
wild or vicious or dangerous propensities.
A.
All poisonous animals, including rear fang snakes.
B.
Apes, chimpanzees (Pan), gibbon (Hylobates), gorillas (Gorilla),
orangutans (Pongo) and siamangs (Symphalangus).
C.
Baboons (Papoi, Mandrillus).
D.
Bears (Ursidae).
E.
Bison (Bison).
F.
Cheetahs (Acinonyx jabatus).
G.
Crocodilians (Crocodilia).
H.
Coyotes (Canus latrans).
I.
Deer (Cervidae): includes all members of the deer family, for example,
white-tailed deer, elk, antelope, and moose.
J.
Elephants (Elephas and Loxodonta).
K.
Game cocks, fighting birds or roosters (Gallus gallus domesticus).
L.
Hippopatami (Hipapotamidae).
M.
Hyenas (Hyanidae).
N.
Jaguars (Panthera onca).
O.
Leopards (Panthera pardus).
P.
Lions (Panthera leo).
Q.
Lynxes (Lynx).
R.
Ostriches (Struthio).
S.
Pumas (Felis concolor), also known as "cougars," "mountain lion,"
and "panthers."
T.
Rhinoceroses (Rhinocero tidae).
U.
Venomous snakes, constrictors, and pythons (Python molurus bivittatus);
Pythonidae family.
V.
Snow leopards (Panthera uncia).
W.
Swine (Suidae).
X.
Tigers (Pantera tigris).
Y.
Wolves (Canis lupus).
Z.
Any other exotic or controlled animal.
A.
The provisions of this article shall not apply to the display of
wild or exotic animals by institutions accredited by the American
Zoological Association (ASA) or the Association of Sanctuaries, as
allowed by Attachment 312-1, Attachment 1, Table 1: Principal Land
Use Table.
B.
Any person who shall own, harbor, or control any venomous snake,
constrictor, python or poisonous reptile shall be allowed under these
conditions.
(1)
Venomous snakes, constrictors pythons and poisonous reptiles or amphibians
are restricted to no more three animals at one time.
(2)
For the safety of the community and emergency services personnel,
all venomous snakes, constrictors pythons or poisonous reptiles and
amphibians shall be registered with Borough Office of Zoning and Planning.
Any changes in said snakes, reptiles and amphibians must be updated
within 15 days.
(3)
Enclosures must be secure, labeled to identify the animal, whether
it is a venomous snake, constrictor, python, or poisonous reptile
of amphibian, well-lit and the animal visible.
(4)
Venomous snakes, constrictors, pythons and poisonous reptiles and
amphibians must be kept in secured enclosure, unless in the possession
and control of the owner.
(5)
In event of an emergency, and any venomous snake, constrictor or
python is not accounted for, the owner must notify the police, animal
control or enforcement officer within two hours of noticing.
(6)
Any persons who own, harbor, possess or control venomous snakes,
constrictors, pythons or poisonous reptiles or amphibians prior to
the effective date of this article owns more than three animals, they
may continue to own the animals they have. These can not be replaced
if they die or have been otherwise permanently removed.
(7)
Any persons who own, harbor, possess or control venomous snakes,
constrictors, pythons or poisonous reptiles or amphibians must meet
all other requirements to be exempt.
A.
No permitted domestic animal shall be permitted to run free within
the Borough of Millvale: all permitted domestic animals on public
property and all permitted domestic animals on private property other
than the property of the owner shall be kept under restraint by the
owner or the owner's agent, or another responsible person, by
a leash not to exceed eight feet in length affixed to a sturdy collar,
or by a cage of sufficient material and strength to contain the animal.
A permitted domestic animal may be uncontrolled upon the owner's
property, provided that a sturdy fence or other adequate device is
in place to isolate the animal within the entire premises of the owner.
C.
Any permitted or unpermitted domestic animal found running uncontrolled
within the Borough may be seized and detained in a pound selected
by the Borough's Animal Control Officer, contracted control services,
or any sworn official of the Borough or Borough police officer. The
owner of the animal will be notified of the animal's seizure
and confinement by certified mail, prepaid postage, and addressed
to the owner's last known address. Upon payment of all costs
and expenses associated with the seizure, care and control of the
animal, they may retrieve a permitted domestic animal or an unpermitted
domestic animal, provided that adequate provision has been made to
remove the unpermitted domestic animal from the Borough immediately.
If the owner does not reclaim the animal and pay all costs of the
seizure, care, and control of the animal within the time specified
in the Dog Control Law, the animal may be destroyed by any humane
method or sold for the benefit of the animal of the Borough. Whether
or not the owner of the animal attempts to retrieve the animal, the
owner of the domestic animal seized, detained, and destroyed under
this section or the Dog Control Law shall be responsible for all expenses
incurred by the Borough, which expenses may be collected by the Borough
in any manner provided by law.
No person shall own, possess, harbor, or control any domestic
animal which makes any noise continuously and or incessantly for 10
minutes or makes such noise intermittently for 30 minutes or more
which can be heard by the human ear at the property boundary at any
time of the day or night, regardless of whether the animal or bird
is physically situated upon private property. Any violation of this
section is declared to be a nuisance; provided, however, that such
noise shall not be a violation of this section if a person or persons
are trespassing upon such private party in or upon which the animal
or bird is situated a the time of the violation, or if there is any
legitimate cause or provocation to the animal or bird.
A.
Due to their nature to make continuous and loud noise, roosters are
prohibited to be kept as permitted domestic animals.
A.
Any person who owns or harbors, or has possession, custody, or control
of any domestic animal which defecates in or upon public property
or the owner's private property commits a nuisance. Any person
who owns, harbors, or has possession, custody, or control of such
a domestic animal shall immediately abate such nuisance by removing
all feces in the owner's toilet or leakproof sealed container
in the owner's garbage and by cleaning the affected area.
B.
All persons having possession, custody, or control of a permitted
domestic animal/fowl on public property or private property other
than the owner shall at all such times possess on their person a sanitary
method to remove the animal's feces, which sanitary method shall
be displayed to any police officer or enforcement official upon request.
C.
The provisions of this section shall not apply to the owner/user
of a service dog while working.
D.
All persons having, possession, custody, or control of a permitted
domestic fowl shall keep any exterior clutch, keep, structure or fenced
in area used to keep, store or give room to move clean and sanitary,
Excess buildup of animal waste must be cleaned up and disposed of
in a proper legal manner.
The following behaviors are declared to be nuisances, which
are violations of this article subject to the penalties set forth
below and which may be abated by all methods under the law:
A.
Any person who shall own, possess, harbor, or control any domestic
animal which scratches or digs upon any lawn, tree, shrub, plant,
building, or other public or private property other than the property
of the animal's owner or the other person harboring or in control
or possession of such animal.
B.
Any person who shall own, possess, harbor, or control any domestic
animal in a manner that produces an odor that a person can detect
at the boundary of the owner's property or the person harboring
or in possession or control of such animal.
C.
Any person who shall own, possess, harbor, or control any domestic
animal which jumps on a passerby or chases motor vehicles, persons,
bicycles, or other domestic animals.
D.
Any person who shall own, possess, harbor, or control any unspayed
or unneutered domestic animal that mates with another unspayed or
unneutered animal other than for breeding planned and intended explicitly
by the owner of the two animals.
E.
Any person who own, possess, harbor, or control more than six permitted
domestic animals at any given time on any single parcel of real estate
in the Borough. The person wishing to own, possess, harbor or control
more than six permitted domestic animals at any given time may request
a special exemption through the Borough of Millvale's Zoning
Hearing Board.
A person who shall own, possess, harbor, or control any dog
or any animal or fowl which bites any person, regardless of whether
or not such animal has been vaccinated for rabies protection, shall
be and is hereby required and directed to report the occurrence of
the bite to the Police Department of the Borough of Millvale and confine
the said animal, for 15 days, upon the premises of such person as
owns, possess, harbors or controls the animal or a duly appointed
veterinary hospital or clinic. If any such animal dies within the
fifteen-day quarantine period, its head shall be removed and delivered
within 12 hours following the death to a qualified official laboratory
for examination and diagnosis. All information reasonably required
by the such laboratory shall be given by the person who owns, possess,
harbors or controls said animal. Any qualified laboratory that does
say examination and diagnosis should issue a report, in addition to
the owner, to the Borough of Millvale and other proper governmental
agencies and health facilities. The owner shall bear any cost incurred
for detaining said dog, animal or fowl or for examination and diagnosis
of said animal.
It shall be the duty of the owner of any dog or other domesticated
animal in the Borough of Millvale to have such inoculated against
rabies and to provide, upon request by any authorized representative
of the Borough of Millvale, 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 dog or other domestic pets, unless under restraint or otherwise
under the control of the owner, are permitted within the public building
of the Borough of Millvale. Owners of public properties in the Borough
may choose to restrict access to any animal not a service or emotional
support animal. Services animals must meet ADA requirements and be
property identified. Emotional support animals must be property identified.
The person needing the emotional support animal must have a verifiable
disability (the reason cannot just be a need for companionship).
No person shall cruelly treat any dog or other domestic animal
in the Borough of Millvale. "Cruel Treatment" shall include any beating,
intentional infliction of injury or wound, underfeeding, extended
exposure to inclement weather or temperatures, or abandonment of any
dog or domestic animal.
It shall be unlawful for any owner of any cat to permit such
cat to run free outside the residence of its owner or keeper unless
such cat has been:
It shall be unlawful for any person to continue to feed stray
or feral cats where feeding causes a nuisance to neighbors or creates
a condition contrary to the community's health, safety, and welfare.
It shall be unlawful for any person to continue to feed wild
animals or fowl in a public area. Private property owners or renters
can feed birds if they choose, with a bird feeder, but the leaving
of food, bread or other edible material for wild animals or fowl outside
of a feeder shall be prohibited.
Any police officer, auxiliary police officer, animal control
officer, employee of a company that provides animal control services,
or enforcement official authorized by the Borough of Millvale, or
the Commonwealth of Pennsylvania's Dog Law[1] shall be authorized to enforce the provisions of this
article.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
Any person who violates or permits a violation of this article,
upon conviction thereof in action brought before a Magisterial District
Judge in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedures, shall be sentenced
to pay a fine of not less than $300 nor more than $1,000 plus costs,
and in default of payment of said fine and costs, or another maximum
as established by Commonwealth Law, to a term of imprisonment not
to exceed 90 days. Each day a violation of this article continues,
or each section of this article which shall be found to have been
violated, shall constitute a separate offense.
