[HISTORY: Adopted by the Borough Council of the Borough of
Burgettstown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-20-1976 by Ord. No. 9 (Ch. III of the 1976 Code
of Ordinances)]
A.
ANIMAL
DOMESTIC ANIMAL
HOUSEHOLD PET
LARGE ANIMAL
PERSON
SMALL ANIMAL
WILD ANIMAL
The following words and terms, as used in this article, shall have
the meanings hereby respectively ascribed thereto, except where the
context clearly indicates a different meaning:
Any domestic animal or fowl, any wild animal or any household
pet.
Any animal as hereinafter defined as a household pet, a large
animal or a small animal.
Any dog, cat, or other domestic animal normally and ordinarily
kept in or permitted to be at large on the premises of its owner.
Any domestic animal of the bovine, equine, sheep or hog family.
Any person, firm, partnership, association or corporation.
Any domestic animal such as a rabbit, hare, guinea pig, rat,
mouse or chinchilla; and any domestic fowl such as a chicken, turkey,
goose, duck or pigeon (except homing pigeons).
Any animal, bird, fowl or reptile not normally or ordinarily
domesticated; not normally or ordinarily raised in this area and climate
as livestock or for work or breeding purposes; or not normally or
ordinarily kept as a household pet.
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 wild animal at any place within the Borough, except where the same shall be permitted under Chapter 500, Zoning, in a park, zoological garden or similar establishment for exhibit to the public or to any portion thereof.
It shall be unlawful for any person to keep any domestic animals,
except household pets, except as provided in this section.
A.
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.
B.
Small animals shall be kept confined in quarters no part of which
shall be closer than 25 feet from the exterior limits of any dwelling
or of any property line.
C.
The keeper of every such domestic animal shall confine the same in
an enclosure sufficient to prevent such animal from running at large,
and such enclosure shall be maintained in a clean and sanitary condition
at all times. Such enclosure shall be of a size conducive to good
sanitation practices, and adequate and sanitary drainage facilities
shall be provided.
D.
Every keeper of a domestic animal shall cause the litter and droppings
therefrom to be collected daily in a container or receptacle of such
type that, when closed, it 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 so collected to be disposed of in such manner
as not to permit the presence of fly larvae.
E.
Every keeper of a domestic animal 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 insure 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.
[Amended 11-2-2015 by Ord. No. 2015-3]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Washington County.
Any violation of this article that would violate any state law
shall be prosecuted under that state law and not under this article.
[Adopted 10-1-2007 by Ord. No. 2007-5]
As used in this article, the following terms have the meanings
indicated, unless a different meaning clearly appears from the context:
Wild, exotic or domesticated animals of all species, including
dogs, cats and other household pets.
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.
Any animal that is not normally domesticated in the United
States or is wild by nature. Exotic animals include but are not limited
to any of the following orders and families, whether bred in the wild
or captivity, and also any of their hybrids with domestic species.
The animals listed in parentheses are intended to act as examples
and are not to be construed as an exhaustive list or limit the generality
of each group of animals, unless otherwise specified.
Nonhuman primates and prosimians (monkeys, chimpanzees, baboons).
Felidae (lions, tigers, bobcats, lynx, cougars, leopards, jaguars,
not domesticated cats).
Canidae (wolves, coyotes, foxes, jackals, not domesticated dogs).
Ursidae (all bears).
Reptilia (all venomous snakes, all constricting snakes).
Crocodilia (alligators, crocodiles).
Proboscidea (elephants).
Hyaenidae (hyenas).
Artiodactyla (hippopotamuses, giraffes, camels, not cattle or
swine or sheep or goats).
Procyonidae (raccoons, coatis).
Marsupialia (kangaroos, opossums).
Perissodactyla (rhinoceroses, tapirs, not horses or donkeys
or mules).
Edentata (anteaters, sloths, armadillos).
Viverridae (mongooses, civets, and genets).
An unowned free-roaming cat that is partially socialized
or unsocialized to humans and tends to resist contact with humans.
[Added 12-3-2018 by Ord.
No. 2018-03]
An animal shall be considered a nuisance if it habitually
trespasses upon or damages either private or public property or annoys
or harms lawful users or occupants thereof
[Added 12-3-2018 by Ord.
No. 2018-03]
Any person having a right of property in, having custody
of or who harbors or permits a dog, cat, domestic animal or any nondomesticated
animal to remain on or around his or her property, excluding feral
cat caregivers as defined herein.
[Amended 12-3-2018 by Ord. No. 2018-03]
Any animal or animals that:
Physically attack or molest passersby or passing vehicles;
Attack or threaten other animals;
Damage public or private property;
Bark, whine, howl, or make other sounds common to its species
in an annoying, excessive or continuous manner;
Are repeatedly at large or unrestrained; or
Any amount of animals, whether one or more in number, which
constitute a nuisance due to odor or the actual number of animals
on or within the owner's property that is deemed to be offensive
in nature.
Being upon any public highway, street, alley, park or other
public land or upon property of another person other than the owner
and not being firmly secured by means of a collar and chain or other
device so that it cannot stray or not being accompanied by or under
the reasonable contact of some person.
[Amended 12-3-2018 by Ord. No. 2018-03]
Any cat whose owner or keeper from time to time allows the
cat to run free off of the property of the owner or keeper.
[Added 12-3-2018 by Ord.
No. 2018-03]
A dog determined to be a dangerous dog under Article V-A,
Dangerous Dogs, of the Dog Law (3 P.S. § 459-502-A et seq.).
[Amended 11-2-2015 by Ord. No. 2015-3]
A.
Any animal which scratches, digs or defecates upon any lawn, tree,
shrub, plant, building or any other public or private property, other
than the property of the owner or person in charge or control of such
animal, is hereby declared to be a nuisance.
B.
No person having possession, custody or control of any animals shall
knowingly or negligently permit any dog or other animal to commit
any nuisance upon any gutter, street, driveway, curb or sidewalk in
the Borough, or upon the floors or stairways of any building or place
frequented by the public or used in common by the tenants, or upon
the outside walls, walkways, driveways, curbs or stairways of any
building abutting on a public street or park, or upon the grounds
of any public park or public area, or upon any private property other
than the property of the owner of such animal.
C.
Any person having possession, custody or control of any dog or other animal which commits a nuisance in any area other than the private property of the owner of such dog or other animal, as prohibited in Subsection B of this section, shall be required to immediately remove the said feces from such surface and carry the feces in a nonleaking container.
D.
On or after the effective date of this ordinance,[1] it shall be unlawful for any person or persons who are
the owners or custodians of any pet to permit any pet owned by him,
her or them, or under his, her or their supervision and control, to
run at large on the public streets and highways (including state and
county highways) of the Borough or upon the property of persons other
than the owners of such pets. An animal must be firmly secured by
means of a collar and chain or other device so that it cannot stray
or must be accompanied by or under the reasonable control of some
person.
[Added 12-3-2018 by Ord.
No. 2018-03]
[1]
Editor's Note: "This ordinance" refers to Ord. No. 2013-03,
adopted 12-3-2018.
E.
No person shall leave a dog or other animal in any unattended motor
vehicle without adequate ventilation, sanitary conditions or in such
a manner as to subject dog or other animal to extreme temperature
which adversely affects the health or safety of the dog or animal.
[Added 12-3-2018 by Ord.
No. 2018-03]
F.
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 neutered or spayed to prevent procreating; immunized
against rabies in compliance with Pennsylvania law; and appropriately
"tipped" on the left ear to signify that it has been neutered/spayed
and immunized.
[Added 12-3-2018 by Ord.
No. 2018-03]
G.
It shall be unlawful for any person to continue to feed stray or
feral cats, where such feeding causes a nuisance to neighbors or creates
a condition contrary to the health, safety, and welfare of the community,
unless such person participates in a trap, neuter and return program
approved by the Borough or sponsor of the Borough. Any person who
violates this subsection shall be civilly liable and responsible for
all damages caused by any cat under this subsection.
[Added 12-3-2018 by Ord.
No. 2018-03]
[Amended 11-2-2015 by Ord. No. 2015-3]
Vicious or dangerous dogs shall be regulated in accordance with
Article V-A of the Dog Law, 3 P.S. § 459-502-A et seq.
A.
Nuisance defined with respect to dogs. A dog owner shall be presumed
to have created or maintained a nuisance if he, she or it shall:
(1)
Permit the dog to cause annoyance or discomfort to or to disturb
the peace of the citizens, residents or other persons lawfully in
the Borough by barking, yelping, howling or causing any other unseemly
noise.
(2)
Permit the dog to make any loud or harsh noise or disturbance with
such frequency as to interfere with or disturb the peace, quiet, rest,
sleep or repose of any person within the Borough.
B.
Presumptions of disturbance of the peace; annoyance. It shall not
be necessary to establish that any occurrence has lasted for any specific
period of time in order to find a violation of this article. However,
continuous barking, yelping, howling or the making of any loud or
harsh noise by a dog for more than 1/2 hour on any one occasion shall
give rise to the presumption that such dog has disturbed the peace
and has caused the annoyance and discomfort of persons in the Borough.
C.
Permission. At the trial or hearing on any charge of violation of
this article, if it shall be determined that a dog has disturbed the
peace, quiet, rest, sleep or repose of any person within the Borough
or has caused the annoyance or discomfort of such persons by barking,
yelping, howling or causing any other unseemly noise as hereinbefore
set forth, it shall be conclusively presumed that the dog owner has
permitted the occurrence to have happened.
D.
Notice required. Prior to the issuance of a citation or the filing
of a private criminal action for a violation of this article, it shall
be necessary to serve written notice upon the dog owner in one of
the following ways:
(1)
By mailing a copy of the notice to the dog owner by any form of mail
requiring a receipt signed by the dog owner or agent thereof;
(2)
By personal delivery of the notice to the property at which the dog
is located;
(3)
By handing a copy of the notice at the residence of the dog to an
adult member of the family in possession of the premises, but if no
adult member of the family is found, then to an adult person present
in the premises; or
(4)
By fixing a copy of the notice to the front door at the entrance
of the premises of the violation.
E.
Content of notice. Notice shall set forth the name and address of
the dog owner, if known; the nature and extent of the violation or
offense; the period or periods of time over which the nuisance has
occurred; the identity of the official giving notice; the date and
time of sending or posting of notice; the name and address of the
occupant of the premises if believed to be other than that of the
dog owners; and a statement to the effect that a citation may be issued
or a private complaint filed if the nuisance is not abated within
24 hours of the time of receipt or posting of notice.
F.
Duration of notice. Any notice given pursuant to this section shall
be valid for a period of six months; within six months, no additional
notice need be given prior to the issuance of a citation or the filing
of any private complaint pertaining to any further violations that
occur during the pendency of said notice.
A.
Keeping of exotic animals prohibited. It shall be unlawful for any
person to own, possess, keep, harbor, bring, or have in one's
possession an exotic animal within the Borough of Burgettstown. It
shall be unlawful for the owner, possessor, or any other person in
control of a lot, tract, or parcel of land within the Borough of Burgettstown
or any residence or business premises situated thereon to knowingly
permit any other person to be in possession of an exotic animal or
exotic animals upon the premises.
A.
Appointment. An Animal Control Officer may be appointed by the Council
or hired pursuant to a contract approved by the Council to serve at
the pleasure of the Council or for the term of said contract, or the
provisions of this article may be enforced by the Code Enforcement
Officer and/or the Burgettstown Borough Police Department, or such
other law enforcement agency having proper jurisdiction. Additionally,
such Animal Control Officer, along with the Burgettstown Borough Police
Department or such other law enforcement agency, only shall have concurrent
responsibility for the enforcement of this article and of the Pennsylvania
Dog Law, 3 P.S. § 459-101 et seq., provided that the Animal
Control Officer and/or the Code Enforcement Officer shall not have
the power to make arrests under this Act of Assembly or any other
Act of Assembly or ordinance of the Burgettstown Borough. The Burgettstown
Borough Code Enforcement Officer shall exercise the same rights, duties
and procedures as given to the Animal Control Officer under this article.
B.
Animal control procedures; call to duty. The Animal Control Officer
shall be available for call 24 hours per day and may be called to
duty at the discretion of the Chief of Police of the Burgettstown
Borough Police Department.
C.
Transportation of animals. If it is determined that the transportation
of an animal is necessary, the Animal Control Officer shall transport
said animal in his/her vehicle.
D.
Seizure of animals. The Animal Control Officer may seize any animal
that is the subject of an alleged violation and cause that animal
to be held as required pursuant to the provisions of this article
and any other applicable state and/or federal statute. At all times
hereto, the Animal Control Officer shall seize, house, transport and
care for any animal under his/her supervision as humanely as possible.
Upon seizure of any animal, the Animal Control Officer shall attempt
to locate the owner of the animal and return said animal to the owner.
When the owner of said animal cannot be located within a reasonable
period of time, the Animal Control Officer may turn said animal over
to a no-kill shelter and/or a shelter which does not supply animals
for research.
E.
Injured or dead animals. Upon the report of an injured or dead animal
in Burgettstown Borough, the Animal Control Officer will be notified
and ordered to report to the scene and assume responsibility for the
animal. If it is determined that charges should be placed for incidences
of injury, death or mistreatment of an animal, the Animal Control
Officer may file a citation. Dead animals located on Borough property,
where the owner of the animal is unavailable, will normally be removed
by the Highway Department after notification by the Animal Control
Officer. PennDOT will be notified to remove dead animals from state
roadways.
F.
Dangerous or vicious animals. Upon report of a vicious animal, the
Animal Control Officer will report to the scene immediately. If the
owner of the animal is unavailable or unknown, the Animal Control
Officer may utilize a tranquilizer gun or other approved method to
subdue the animal and/or take appropriate action to insure the safety
of the Burgettstown Borough residents. A dog determined to be dangerous
under Section 502-A of the Pennsylvania Dog Law, 3 P.S. § 459-502-A,
shall be restrained or otherwise kept in accordance with Article V-A
of the Pennsylvania Dog Law, 3 P.S. § 459-502-A et seq.
Dogs may be killed only in accordance with the requirements of Section
501 of the Pennsylvania Dog Law, 3 P.S. § 459-501, and otherwise,
said animal must be retained and delivered to the police or State
Animal Control Warden. While detained, said animal must be treated
in a humane manner and cannot be subject to euthanasia or other means
of destruction without a hearing before the presiding District Judge
or such other court of law having original jurisdiction.
G.
Suspected rabid animals. Upon complaints of suspected rabid animals,
the Animal Control Officer shall be notified immediately. If the Animal
Control Officer determines that the destruction of a suspected rabid
animal is deemed necessary, such destruction must be accomplished
in the least public manner possible, as humanely as possible, and
such that the head of the animal is not damaged and is preserved for
analysis to confirm rabies.
H.
Wild or exotic animals. For complaints involving wild animals and
protected animals, the Animal Control Officer shall be notified and
respond to the complaint unless the Animal Control Officer determines
that a state game official is better suited to respond to the complaint.
If such a determination is made, the Animal Control Officer shall
notify such official of the same.
A.
Penalties. On the first two occasions that an owner violates any
section of this article, unless otherwise specified, the owner of
such animal shall pay a fine in the amount of $25 to the Burgettstown
Borough, as well as reasonable fees incurred by the Burgettstown Borough
for keeping any animal in a kennel or other structure. Upon conviction
of a third or subsequent offense involving a violation of this article,
the owner of the animal involved shall be guilty of a misdemeanor
of the third degree per each violation and, upon conviction thereof,
be sentenced to pay a fine of no less than $300 but no more than $1,000
and may be subject to imprisonment for not more than one year in jail.
B.
Additionally, any animal which attacks a human being or another domestic
animal may be ordered destroyed when, in the court's judgment,
such vicious animal represents a continuing threat of serious harm
to human beings or other animals. In addition, any person found guilty
of violating any part of this article shall pay all expenses, including
Borough Solicitor's fees, shelter, food, veterinary expenses
for identification or certification of the breed of the animal or
any veterinary expenses necessitated by the seizure of any animal
for the protection of the public, and such other expenses as may be
required for the destruction of any such animal. Any such other expenses
and/or fees shall be chargeable to the owner as costs of suit.
