[HISTORY: Adopted by the City Council of the City of Oil
City 5-29-1990 by Ord. No. 2510 (Ch. 88 of the 1986 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any animal, domestic or wild, other than man, which may be
affected by rabies.
Any feline, regardless of age or sex.
That the same is on a leash not more than eight feet in length;
or is under voice control in the presence of a competent person; or
is on or within a vehicle being driven or parked; or is within the
property limits of its owner or harborer or upon the premises of another
person with the consent of that person.
Any canine, regardless of age or sex.
A facility where animals, normally dogs and cats not owned
by the proprietor, are temporarily sheltered, fed, watered and exercised
in return for a fee.
Any camelid or hooved animal, including, but not limited
to, cattle, sheep, swine, horses, mules, burros, goats, deer, elk,
sheep, llamas, alpacas and vicunas, whether or not raised for domestic
or commercial use, breeding, exhibition or sale, and any animals normally
found in the wild state which are being kept for exhibition purposes
or as private pets.
[Added 4-24-2014 by Ord. No. 2830]
Any person having right of property in any animal, who keeps
an animal, who has an animal in his care or custody, or who knowingly
permits an animal to remain on or about any premises occupied by him.
Any individual, firm, corporation, partnership, association,
trust, estate or other legal entity.
Any species of domestic or wild fowl, including, but not
limited to, chickens, turkeys, confined pigeons, ostriches, emus,
rheas, cassowaries, waterfowl, game birds or birds of prey, whether
or not raised for domestic or commercial use, food production, breeding,
exhibition or sale.
[Added 4-24-2014 by Ord. No. 2830]
Protection from the direct rays of the sun during the months
of June through September.
As it applies to dogs, a moisture-proof structure of suitable
size to accommodate the dog and allow the retention of body heat,
made of durable material with a solid floor raised at least two inches
from the ground and with the entrance covered by a flexible, windproof
material. Such structure shall be provided with a sufficient quantity
of suitable bedding to provide insulation and protection against cold
and dampness.
That an animal:
Is physically capable of hearing normal commands;
Is, at the time under consideration, within reasonable proximity
to the controller so that shouting or excessively loud commands are
not necessary;
Has been adequately trained in obedience so as to be capable
of understanding control commands; and
Either continually demonstrates or is able to demonstrate on
demand response to a command that will cause the animal to immediately
come into close proximity to the controller and cease any kind of
aggressive behavior or action that would be offensive to other persons
or animals.
[Added 4-24-2014 by Ord. No. 2830]
No person shall hereafter keep or maintain any livestock or poultry within the municipal boundaries of the City of Oil City except as provided in § 134-3 of this chapter.
[Added 4-24-2014 by Ord. No. 2830]
Those persons who keep or maintain any livestock or poultry
within the municipal boundaries of the City of Oil City as of the
effective date of this section:
A.
May continue to keep or maintain the said livestock or poultry until
the death of said livestock or poultry or until the owner discontinues
such keeping or maintenance of livestock or poultry, whichever event
shall first occur; and
B.
In the event of the death of any existing livestock or poultry, may
replace (on a one-for-one basis) the deceased livestock or poultry.
It shall be unlawful for any person owning or possessing a dog
or cat to permit such dog or cat to go upon any private lands or premises
without the permission of the owner of such premises and break, bruise,
tear up, crush or injure any lawn, flower bed, plant, shrub, tree,
garden or other item of personal property in any manner whatsoever
or to defecate thereon.
It shall be unlawful for any person to cause or permit a dog
or cat to be on property, public or private, not owned or possessed
by such person unless such person has in his immediate possession
an appropriate device for scooping excrement and an appropriate depository
for the transmission of excrement to a receptacle located upon the
property owned or possessed by such person. This section shall not
apply to a person who is visually or physically handicapped.
No dog or cat shall be allowed in any parks, beaches or any
swimming areas open to the public in the City, whether under control
or otherwise. This section shall not apply to a person who is visually,
audibly or physically handicapped.
All pens, yards or runs or other structures wherein any animal
is kept shall be of such construction so as to be easily cleaned and
kept in good repair. In addition, any person owning, keeping, possessing
or harboring any dog or cat on his property shall promptly remove
and properly dispose of all animal waste on said property so as not
to create a health hazard on the property and to prevent foul odors
from being emitted onto adjacent properties.
No doghouse, pen or kennel shall be maintained closer than 40
feet to any habitable residence or structure other than that occupied
by the owner or occupants of the premises upon which the dogs are
kept.
Fences which are intended as enclosures for any animal shall
be securely constructed, shall be adequate for the purpose, kept in
good repair and shall not be allowed to become unsightly.
It shall be unlawful for any person owning or possessing any
dog or cat to permit the same to run at large. For the purpose of
this section, "running at large" shall be defined to be the presence
of a dog or cat at any place except upon the premises of the owner.
A dog or cat shall not be considered to be running at large if it
is on a leash or under control of a person physically able to control
it.
Whenever any police officer or other person designated by the
Chief of Police shall find any dog or cat running at large as defined
in this chapter, he shall, if possible, pick up and impound such animal
in such place as the Chief of Police may direct.
It shall be unlawful for any person knowingly to keep or harbor
any dog which habitually barks, howls or yelps or any cat which habitually
cries or howls to the great discomfort of the peace and quiet of the
neighborhood or in such manner as to materially disturb or annoy persons
in the neighborhood who are of ordinary sensibilities. Such dogs and
cats are hereby declared to be public nuisances.
A.
Whenever any person shall complain to the Police Department that
a dog which habitually barks, howls or yelps or a cat which habitually
cries or howls is being kept by any person in the City, the Police
Department shall notify the owner of said dog or cat that a complaint
has been received and that the person should take those steps necessary
to alleviate the howling, yelping or crying.
B.
If the warning given to the person alleged to be keeping a dog or cat as set forth in Subsection A above is ineffective, then a verified complaint of at least two citizens not from the same family may be presented to the Police Department, alleging that a dog which habitually barks, howls or yelps or a cat which habitually cries or howls is being kept by any person within the City. The Police Department shall inform the owner of such dog or cat that said petition has been received and shall cite the owner of the dog or cat for the violation alleged in said petition.
It shall be unlawful for any person to willfully or maliciously
inflict unnecessary or needless cruelty, torture or abuse or cruelly
beat, strike or abuse any animal or, by any act, omission or neglect,
abuse or inflict any unnecessary or unjustifiable pain, suffering,
injury or death to any animal, whether such animal belongs to such
person or to another, except that reasonable force may be employed
to drive away vicious or trespassing animals.
It shall be unlawful for any person in charge of any animal
to fail, refuse or neglect to provide such animal with food, potable
water, shade or shelter or to cruelly or unnecessarily expose any
such animal in hot, stormy, cold or inclement weather or to carry
any such animal in or upon any vehicle in a cruel or inhumane manner.
Anyone having knowledge or reason to believe that any animal
in the City has bitten a person shall report within 24 hours, so far
as is known, the name and address of the owner and circumstances of
the animal. Such reports concerning bites shall be made to the Police
Department.
A.
Whenever any domesticated animal has bitten a person, it shall be
confined in such place as the Police Department may direct and for
such period of observation as may be necessary, unless such animal
is too vicious and dangerous to be impounded safely, in which case
it may be killed and its head shipped to the appropriate commonwealth
agency for rabies examination.
B.
Whenever a wild animal has bitten a person, it shall be killed, avoiding
damage to the head (brain) area, and shipped to the appropriate commonwealth
agency under refrigeration, but not frozen, for rabies examination.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be punishable by a fine not exceeding $300
and costs of prosecution or by imprisonment for a term not exceeding
90 days, or by both such fine and imprisonment.
