[Adopted 8-3-1970 by Ord. No. 148-1970 (Ch. III, Secs. 2 to 11, of the 1970 Code of Ordinances)]
For the purpose of this article, the following terms shall have the following meanings respectively for each:
ANIMAL
Any domestic animal or fowl, any wild animal or any household pet, including birds, fish, reptiles and insects.
[Amended 11-6-2006 by Ord. No. 440-2006]
DOG OFFICER
Any person employed or designated by the Borough of Kittanning whose duty it is to enforce this article. Any other police officer or peace officer of the Borough of Kittanning or any duly authorized Dog Law Enforcement Agent of the Department of Agriculture of the Commonwealth of Pennsylvania is also hereby authorized to discharge the duties of the Dog Officer.
OWNER
When applied to the proprietorship of an animal, shall include every person having a right of property in such animal, and every person who keeps or harbors such animal or has it in his care, and every person who permits such animal to remain in or about any premises occupied by him.
PERSON
Any natural person, male or female, and any corporation, partnership, association or similar entity, and the singular shall include the plural.
RUNNING AT LARGE
When it is off the property of its owner and not under restraint of a competent person. An animal is under restraint if it is controlled by a leash, at "heel" beside a competent person and obedient to that person's commands on or within a vehicle being driven or parked on the streets, or within the property limits of its owner or keeper.
[Amended 9-22-1986 by Ord. No. 304-1986; 5-13-2019 by Ord. No. 534-2019]
The owner of an animal shall keep it under restraint at all times by keeping the animal either (a) confined within the property of the owner or (b) under the reasonable control of some person. No person shall permit an animal to run at large in the Borough of Kittanning, Armstrong County, Pennsylvania. For purposes of this section, "run at large" shall be defined as being upon any public highway, street, alley, park or any other public land, or upon property of another person other than the owner, and not being accompanied by or under the control of said owner or any other person having custody of said animal.
The office of Dog Officer is hereby created and shall be filled by appointment by Council of the Borough of Kittanning. The Dog Officer shall serve at the pleasure of said Council and shall be authorized to enforce this article. The appointment of a Dog Officer in no way limits the responsibility of other enforcement officers to enforce the laws of the Commonwealth of Pennsylvania or the ordinances of the Borough of Kittanning relative to animals.
[Amended 9-10-1990 by Ord. No. 353-1990]
It shall be the duty of the Dog Officer to seize any animal running at large in the Borough of Kittanning and to convey it to the place designated by the Council of the Borough of Kittanning for detention in accordance with the law. If the animal is a properly licensed dog, notice of such seizure shall be sent to the registered owner of such dog in the manner prescribed by law, and such dog may be redeemed by the owner thereof within the time specified by law upon payment of the penalty prescribed by law and the charges incurred by reason of such detention. Rates for such charges shall be determined from time to time by the Council of the Borough of Kittanning. If the dog is not redeemed as provided by law, the Borough of Kittanning shall dispose of the same by sale or by destruction in some humane manner as permitted by law. No animal shall be sold for the purpose of vivisection. All monies derived from the sale of a licensed dog, after deducting the expenses of its detention, shall be paid to the Treasurer of the County of Armstrong in accordance with law.
[Amended 9-10-1990 by Ord. No. 353-1990]
As now provided by law (3 P.S. § 459-302), any police officer of the Borough of Kittanning or state dog warden may kill any dog or cat which is found running at large either upon the public streets or highways of the Commonwealth of Pennsylvania, or upon property of a person other than the owner of such dog or cat, and unaccompanied by the owner or keeper, only after due consideration by the police officer or state dog warden that the dog or cat constitutes an immediate threat to the public health, welfare and safety.
[Added 11-6-2006 by Ord. No. 440-2006]
When, in the judgment of the Dog Officer or Kittanning Borough Police or other law enforcement officials, it is determined at the scene of an accident that an animal is injured beyond any medical help, such animal may be humanely destroyed.
[Amended 9-10-1990 by Ord. No. 353-1990]
An unlicensed animal or untattooed dog seized and detained in accordance herewith, shall be properly and humanely kept and fed for a period of not less than 48 hours at any legally constituted or authorized kennel approved by the Pennsylvania Secretary of Agriculture except any animal seriously ill or injured, or forfeited with the owner's permission. Any person who shall within said period of time prove to the satisfaction of the Dog Officer his or her ownership or right to custody of the animal shall be entitled to have the animal returned to him or her upon payment to the Borough of Kittanning of the penalty and charges incurred by reason of such detention. If the animal is not so claimed, it may be destroyed after 48 hours in a humane fashion as permitted by law (not counting the day of impoundment). However, if the animal has an identification tag giving the name and address and/or telephone number of the owner, the Dog Officer or Borough Secretary shall notify that owner by certified mail, return receipt requested, or by telephone, as the case may be, that the animal is impounded and will be disposed of in three days if not claimed. If the animal is not claimed by the owner within three calendar days after the owner's receipt of said mail or telephone call, as the case may be (not counting the day of such receipt or telephone call), by the owner's payment to the Borough of Kittanning of the penalty and the charges incurred by reason of such detention, the animal may be sold or destroyed immediately thereafter in a humane fashion as permitted by law. If neither the Dog Officer nor the Borough Secretary can reach the owner by mail or telephone within seven calendar days after the animal is impounded (not counting the day it is impounded), the animal may be so destroyed or sold. Rates for such penalty and charges shall be determined from time to time by Borough Council.
Redemption of any licensed or unlicensed animal by the owner in accordance with this article shall not relieve said owner from the other penalties for violation of this article.
Any unlicensed animal which has been seized and detained in accordance herewith and has not been redeemed by its owner shall become the property of the Borough of Kittanning and shall be disposed of by sale or destruction in some humane manner. No animal so caught and detained shall be sold for the purpose of vivisection.
[Added 11-6-2006 by Ord. No. 440-2006]
Except for species of fish, it shall be unlawful to keep more than five animals six months of age or older on any premises, regardless of the number of owners, unless said premises is a zoo, petting zoo, menagerie, kennel, aviary, cattery, pet shop or veterinary clinic which has received zoning approval to operate as such, as well as the appropriate licenses and/or certifications required for said operation.
[Added 11-6-2006 by Ord. No. 440-2006]
A. 
Any person may apply to the Codes Officer for a permit for the keeping of more than five animals. Said application shall be on a form approved by the Borough Council, and shall include the name and address of the applicant; the number of animals to be covered by the permit; the period of time for which the permit is requested; and any other information the Codes Officer may require.
B. 
In determining whether to grant an application, the Codes Officer shall consider all relevant circumstances, including but not limited to the odor emanating or likely to emanate from the premises to persons off the premises; the noise emanating or likely to emanate from the premises to persons off the premises; the attitudes of the applicant's neighbors to the proposed permit; and any prior complaints regarding animals at the premises.
[Added 11-6-2006 by Ord. No. 440-2006]
It shall be unlawful for any person or persons, corporation, partnership or other entity whatsoever to harbor, care for, shelter or maintain any species of animal in such a manner as to disturb or unduly annoy the public through the animal's noise, barking, smell, mischief or other harmful propensities. All dog pens or other areas in which dogs are kept shall be maintained in a sanitary condition free of offensive, obnoxious or foul odors.
[Amended 8-10-1989 by Ord. No. 333-1989]
Any person who violates any provision of this article shall, for every such violation, upon conviction, be sentenced to pay a fine of not more than $600 and costs of prosecution, and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days. Provided: If any violation of any provision of this article is also a violation of a provision of the Dog Law, the penalty for that violation shall not exceed the applicable penalty in the Dog Law.