[HISTORY: Adopted by the City Council of the City of Pittston
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-16-2006 by Ord. No. 2006-9; amended in its entirety 3-21-2012 by Ord. No.
2012-4]
As used in this article, the following terms shall have the
meanings indicated:
Any person owning, keeping, feeding, harboring or having
custody of a pet or who allows a pet to reside or remain about his
premises shall be considered a pet owner.
Any dog, cat, or other domestic animal.
The practice of inoculations with a vaccine to afford protection
from rabies as required by the Pennsylvania Department of Environmental
Protection.
It shall be unlawful for any owner to have any pet that becomes
a nuisance in the City. Acts of nuisance shall include, but are expressly
not restricted to, the following:
A.Â
Noise disturbance.
B.Â
Viciousness.
C.Â
Digging into flowerbeds, lawns, children's sandboxes, gardens,
or the damaging of shrubbery, trees, lawns, personal property not
belonging to the owner of the pet or the depositing of feces as set
forth below:
(1)Â
No person owning, harboring, keeping or in charge of any pet shall
cause, suffer or allow such pet to soil, defile, defecate on or commit
any nuisance on any common thoroughfare, sidewalk, passageway, bypath,
play area, park or any other place where people congregate or walk,
or on any public property whatsoever, nor on any private property
without the permission of the owner of said property. The restriction
in this section shall not apply to that portion of street lying between
the curblines which shall be used to curb such pet under the following
conditions:
(a)Â
The person who so curbs such a pet shall immediately remove
all feces deposited by such pet by any sanitary method.
(b)Â
The feces removed from the aforementioned designated area shall
be disposed of by the person owning, harboring, keeping or in charge
of any pet curbed in accordance with the provisions of this article
in a sanitary manner.
No owner shall permit a pet to enter upon any area designated
as a publicly owned park or playground.
Any owner of a pet shall comply with and be current with rabies
vaccination requirements of the laws of the Commonwealth of Pennsylvania
with regard to pets.
A.Â
The City Code Enforcement Officer or the person or agency designated
by the City Administrator shall enforce the provisions of this article.
Upon receipt of a written complaint that a pet is a public nuisance,
the Code Enforcement Officer will investigate said complaint and,
if found to be legitimate, the Code Enforcement Officer shall authorize
the seizure of the pet by the issuance of a humane-type trap to trap
said pet alive. Nothing contained herein is intended to nor shall
it limit the Code Enforcement Officer from acting without a previously
registered complaint based upon the Code Enforcement Officer's
personal observation.[1]
B.Â
The person who is issued the trap must notify the Code Enforcement
Officer as soon as possible after the pet is apprehended. The Code
Enforcement Officer and/or person or agency designated by the governing
body of the City of Pittston will transfer and deliver the pet to
the Humane Society for holding. If the Humane Society refuses to take
the pet, the pet will be delivered to a veterinarian contracted with
the City and held for 72 hours prior to being disposed of in a humane
manner. If the pet so apprehended bears any identification of ownership,
the Code Enforcement Officer shall, on the date of apprehension, notify
the owner that the pet has been apprehended and that it may be claimed
at a designated location subject to the provisions of this article.
C.Â
Any pet may be claimed by its owner at the veterinarian during the
custodial period, and the owner shall pay all costs for the care,
maintenance and disposal of said pet at the prevailing veterinarian
rate.
D.Â
Any pet which has been seized pursuant to this article and which has not been reclaimed during the custodial period may be disposed of in a humane manner in accordance with the standards generally followed by the Humane Society or as provided by the contract for veterinarian service in Subsection B.
No more than three pets shall be kept, maintained or harbored
for more than 90 days in any residential housing unit or on its grounds.
If the owner of animals in violation of this article does not
comply with a notice to abate the violation within the time period
described, the City of Pittston shall have the authority to take measures
to correct the conditions and collect the costs of such correction,
plus 10% of all costs. The City of Pittston, in such event and pursuant
to its statutory or otherwise authorized police powers, shall have
the rights and powers to enter upon the offending premises to accomplish
the foregoing. The enforcement authority of this provision shall contain
the right to use all other enforcement provisions of this article.[1]
Any person violating any of the provisions of this article shall,
upon summary conviction thereof in a summary proceeding before a Magisterial
District Judge, be sentenced to pay a fine not to exceed $500, and
costs. In default of payment of such fine and costs, such person shall
be imprisoned in the county jail for a period not exceeding 90 days.
Each and every day upon which any person violates or continues to
violate the provisions of this article shall constitute a separate
offense.