[Ord. 804-14, 6/23/2014]
This part shall be known as the "Borough of Hamburg Animal Control
Ordinance."
[Ord. 804-14, 6/23/2014]
As used in this part, the following words shall have the following
meanings:
ANIMAL(S)
Construed in a broad sense, all mammals, birds, fowl and
reptiles normally or ordinarily domesticated (including household
pets, such as dogs and cats) or raised in this area or climate as
livestock or for work or for breeding purposes. Such term shall not
include fish.
AT LARGE
Being upon any public highway, street, park or any other
public land, or upon property of another person other than the owner,
and not being accompanied by and under the direct control (via a leash
not longer than six feet) of the owner or any other person having
custody of such animal.
DANGEROUS DOG
Any or all of the following:
A.
Any dog which bites, inflicts injury, assaults (which assaults
shall include dogs at large approaching any person upon the streets,
sidewalks or other public grounds or places in a threatening or terrorizing
manner without provocation), or otherwise attacks a human being without
provocation;
B.
Any dog which is deemed a dangerous dog under and pursuant to
the Pennsylvania State Dog Law, as amended.
OWNER
Every person, proprietor, corporation, partnership or association
that actually owns an animal, or who has an animal in his or its care
or permits an animal to remain on or about any premises occupied by
him or it. The parent or guardian of any minor claiming ownership
of any animal shall also be deemed the owner of such animal.
WILD/EXOTIC ANIMAL
A wild, dangerous, or undomesticated animal or venomous reptile
which is not of a species customarily used as an ordinary house pet
or livestock and which would ordinarily be confined to a zoo or which
would ordinarily be found in the wilderness of this or any other country
or which otherwise causes a reasonable person to be fearful of bodily
harm or property damage, irrespective of its actual or asserted state
of tameness or domestication. This definition includes animals bred
or raised in captivity and hybrids of wild/exotic animals, but not
fish.
[Ord. 804-14, 6/23/2014]
The provisions of this part shall be enforced by the Borough
of Hamburg Police Department.
[Ord. 804-14, 6/23/2014]
All animals, to include outside cats, in the Borough of Hamburg
shall be vaccinated against rabies by a licensed veterinarian in accordance
with the requirements set forth in the Pennsylvania Rabies Prevention
and Control in Domestic animals and Wildlife Act, as amended.
[Ord. 804-14, 6/23/2014]
In order to promote the health, safety and welfare of the residents of the Borough of Hamburg and to reduce the nuisances of noise and odor created by large numbers of animals that affect the quiet enjoyment of one's home and property, a premises (regardless of number of owners) shall be restricted to housing five animals on any premises. Therefore, except for species of fish, it shall be unlawful and it shall be deemed a public nuisance to keep more than five animals that are six months of age or older on any premises, regardless of the number of owners; provided, however, that this section shall not apply to any premises for which a kennel license has been obtained pursuant to the Pennsylvania State Dog Law (3 P.S. § 459-101 et seq.), as the same may from time to time be supplemented or amended, nor shall this section apply if a permit has been issued and is in effect pursuant to §
2-308 of this part.
[Ord. 804-14, 6/23/2014]
No person shall own, harbor, maintain or control a wild/exotic
animal or hybrids of wild/exotic animals within the Borough of Hamburg.
[Ord. 804-14, 6/23/2014]
It shall be the duty of any police officer of the Borough of Hamburg Police Department to detain any animal running at large, and, to contact an approved animal shelter, as provided in §
2-317, where it shall be detained and impounded in a humane manner.
[Ord. 804-14, 6/23/2014]
If the owner of a detained animal can be identified by license
tag or other means, the owner shall be given immediate notice, either
in person or by phone or by both regular and certified mail, of the
detention and impoundment by the keeper of the shelter to which the
animal was delivered.
[Ord. 804-14, 6/23/2014]
The owner of an animal which has been detained and impounded
may reclaim his animal. The expenses and costs incurred by the shelter
keeper due to impoundment and maintenance of the animal shall be paid
by the owner to the shelter keeper in a manner determined by the shelter
keeper. In no event shall any animal required to be licensed by law
be released from detention and impoundment until it has been licensed.
Payment of the seizure fee, expenses and costs shall not bar prosecution
of the owner for any violation of law.
[Ord. 804-14, 6/23/2014]
Notwithstanding §
2-311, if an animal is found at large and its owner can be identified and located, the animal need not be detained and impounded but may, instead, be taken to and turned over to the owner. In such case, the police officer who seized the animal shall complete a registry of such event to be maintained in official bureau records. The owner, whose animal is seized without detention and impoundment, shall be subject to pay the seizure fee in the manner as set forth in §
2-313, except that if circumstances warrant, payment of the seizure fee may be delayed for a period of 15 days. Use of the procedure set forth in this section shall not bar a prosecution for any violation of law.
[Ord. 804-14, 6/23/2014]
It shall be the duty of the keeper of an approved animal shelter to keep detained and impounded animals for a period of at least 10 days. If, after 10 days have elapsed from the giving or posting of notice as required in §
2-312, a detained and impounded animal has not been claimed, the keeper of an approved shelter may either destroy the animal in a humane manner, sell the animal provided that no animal shall be sold for vivisection, or put the animal up for adoption. The proceeds derived from the sale of an animal, after deduction of the seizure fee and the reasonable expenses and costs incurred because of its detention, shall be paid to the Berks County Treasurer as required by the Pennsylvania State Dog Law. If requested, the Borough shall pay an impoundment fee
established from time to time for unclaimed and subsequently destroyed
animals.
[Ord. 804-14, 6/23/2014]
In the event that an animal bites any person or other animal:
A. The owner or custodian of the animal shall:
(1) Immediately notify the Borough of Hamburg Police Department of the
incident and complete an animal bite report on such form as the Police
Department shall prescribe;
(2) Quarantine the animal for a period of 10 days to observe for signs
of rabies at such location and under such conditions as are imposed
or required by the Borough of Hamburg Police Department;
(3) At the expiration of 10 days following the day of the biting incident,
have the animal examined by a veterinarian at the owner's expense.
A certificate of examination shall be filed with the Borough of Hamburg
Police Department on such form as prescribed by the Borough of Hamburg
Chief of Police. The certificate of examination shall be completed
and signed by the veterinarian and shall be filed not more than 14
days following the bite incident; and
(4) If the animal dies within the ten-day quarantine period, the animal's
head shall be removed by a veterinarian and tested for rabies by the
appropriate state laboratory or a laboratory designated by the Commonwealth
for that purpose; and
(5) All costs, including laboratory preparation, laboratory examination,
quarantine and veterinary examination of the animal shall be borne
by the owner or custodian of the animal.
B. The Borough of Hamburg Police Department shall have the right and duty to seize any animal that bites a human or animal if he determines such seizure is necessary to ensure that the animal shall be quarantined. If any owner or custodian shall refuse any order of the Borough of Hamburg Police Department to quarantine the animal and to have it examined by a veterinarian, the Borough of Hamburg Police Department shall take the action necessary to comply with Subsection
A(2) and
(3) hereof, and the owner or custodian of the animal shall be liable to the Borough for all costs thereof which may be collected as an additional penalty for violation of this section.
C. The owner of any animal placed under quarantine shall not sell, exchange,
lease, lend, give away, allow to stray, remove or allow to be removed,
such animal until the quarantine has been revoked.
D. Any animal under quarantine shall be muzzled while outside the confines
or structure specified by the Borough of Hamburg Police Department
for the quarantine.
E. If a biting incident occurs that involves an unclaimed or stray animal,
the owner of which cannot be identified, the Borough of Hamburg Police
Department shall attempt to capture the animal or destroy it, if necessary.
The same procedures as outlined in this section concerning quarantine
and veterinary examination of the offending animal shall be followed
with the costs borne by the Borough.
[Ord. 804-14, 6/23/2014]
Animals seized may be impounded only at the Berks County Animal
Rescue League or a comparable organization established for the protection
and care of animals.