[HISTORY: Adopted by the Borough Council of the Borough of
West Mifflin as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Noise — See Ch. 180.
[Adopted 8-6-1985 by Ord.
No. 912 (Ch. 2, Part 1, of the 1999 Code of Ordinances)]
The keeping of hogs within the Borough of West Mifflin or any
portion of the Borough of West Mifflin is hereby prohibited.
A.
Animals
at large prohibited. The running at large of dogs, other pets, animals,
chickens and other fowl within the Borough of West Mifflin shall be
and the same is hereby prohibited.
B.
Running
at large defined. Any dog, other pet, animal, chicken or other fowl
shall be deemed to be running at large when said animal is on foot
off the premises of the person, firm or corporation owning, keeping
or harboring such animal without being restrained by a firmly attached
leash or chain, not exceeding six feet in length, or in a cage or
coop under the control of the owner, keeper or handler of such animal.
C.
Seizure
of animals running at large. The police or any other authorized representative
of the Borough of West Mifflin are hereby authorized and empowered
to seize and take possession of, on public or private property, any
such dog, pet, or any other animal, chicken or any other fowl permitted
to run at large within the Borough of West Mifflin.
D.
Detention
of animals at large. It shall be the duty of every police officer
of the Borough of West Mifflin, and of any other authorized representative
thereof, to seize and detain any dog running at large which bears
a proper license tag, and to seize and detain any pet, any other animal,
chicken or fowl, either upon the highways, streets, or alleys of the
Borough or upon private or public property of other than the owner,
keeper or harborer of such dog, pet, animal, chicken or other fowl.
If the owner, keeper or harborer thereof be known, or his or her identity
be discoverable through identification markings on a collar worn by
any dog, pet, animal, chicken or other fowl, such owner, keeper or
harborer shall be notified, either personally or by certified mail,
to reclaim such animal within the period of five days after the notice
has been given. Any dog, pet, animal, chicken, or other fowl so seized
and detained shall be detained in a kennel or other impounding facility
designated by the Borough of West Mifflin or State Dog Warden and
shall be properly fed and watered. The owner of a dog, pet, animal,
chicken, or any other fowl so detained shall pay all reasonable expenses
incurred by reason of said detention of such animal before becoming
entitled to the return of such animal; provided, however, in the case
of dogs, said costs shall not exceed that as permitted by law. In
the event the owner of such dog or other animal or fowl does not reclaim
such animal or fowl and pay the reasonable charges heretofore provided
for within the time period fixed, any such animal or fowl other than
a dog shall be sold for the benefit of the Borough of West Mifflin,
and such dog shall be exterminated in a humane manner or be sold as
any other animal for the benefit of the Borough of West Mifflin.
The owner, keeper or harborer of any dog or any other animal
or fowl which bites any person, regardless of whether or not such
animal has been vaccinated for rabies protection, shall be and is
hereby required and directed to report the occurrence of the bite
to the Police Department of the Borough of West Mifflin and to confine
said animal, for a period of 15 days, upon the premises of such owner,
keeper, or harborer or in a duly established veterinary hospital or
clinic. If any such animal shall die within said fifteen-day quarantine
period, its head shall be removed and delivered within 12 hours following
the death to a qualified official laboratory for examination and diagnosis.
All information reasonably required by such laboratory shall be given
by the owner, keeper or harborer of such animal. Any qualified laboratory
who does said examination and diagnosis shall issue a report, in addition
to the owner, to the Borough of West Mifflin and other proper governmental
agency and health facilities. Any costs incurred for detaining said
dog, animal or fowl or for examination and diagnosis of said dog,
animal or fowl shall be borne by the owner.
No person shall keep or allow to remain within the Borough of
West Mifflin any dog, any animal or fowl which, by frequent and continued
howling, barking, crying, baying, yelping or other naturally produced
sound, shall disturb the peace, quiet and enjoyment of the neighborhood
residents. The keeping of any dog, animal or fowl shall be, and the
same is hereby declared to be, a nuisance, as well as a violation
of the provisions hereof.
It is hereby prohibited for the owner or keeper of any female
dog or animal to permit such female dog or animal to go beyond the
premises of such owner or keeper at any time said female dog or animal
is in heat, unless said female dog or animal is properly confined
or under control.
It is hereby the duty of any owner, keeper or harborer of dogs
or any other animals and fowl to sanitarily dispose of feces, stool,
dropping, manure, excrement or bodily waste of any dog, animal or
fowl. It is hereby prohibited for any dog, animal or fowl to defecate
on public streets or public or private property of other than the
owner; it is the duty of the owner, keeper or harborer of any dog,
animal or fowl to immediately clean up said defecation from the public
streets, public and private property and to sanitarily dispose of
the same.
This chapter is in supplement to the Dog Law of the Commonwealth of Pennsylvania, Act of December 7, 1982, P.L. 784, No. 225, Article I, § 101 et seq.,[1] effective January 1, 1983, and any amendments thereto,
and it is the intent of the Council of the Borough of West Mifflin
that all sections applicable shall be interpreted consistently with
said Act.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
[Amended 3-16-1999 by Ord. No. 1094]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600, plus costs, and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this chapter continues shall constitute
a separate offense.
[Adopted 7-19-2016 by Ord. No. 1204]
For the purpose of this article, the following terms shall have
the meanings ascribed to them in this section, except where the context
in which the word is used clearly indicates otherwise:
Any dog, cat, domesticated animal, nondomesticated animal
or animal which is normally and usually found on a farm.
Borough of West Mifflin.
The statute found at 3 Pa.C.S.A. § 459.101 et.
seq.
Any person employed by the Borough whose duty it is to preserve
peace or to make arrests or to enforce any law, including policemen,
auxiliary policemen, the Code Enforcement Officer, the Zoning Officer
or the Animal Control Officer.
An unowned free-roaming cat, dog or reptile which is not
a farm animal that is partially socialized or unsocialized to humans
and tends to resist contact with humans.
Shall include the following:
An animal shall be considered a nuisance for habitually trespassing
upon or damaging either private or public property, or which annoy
or harm lawful users or occupants thereof.
Any animal activity or nonactivity which produces or causes
directly or indirectly excessive noise, continuous noise, pollution,
offensive odors or excrement which cause inconvenience or damage to
others.
Any disturbance which shall interfere with or deprive the peace,
quiet, rest or sleep of any person within the Borough.
Any violation of the Pennsylvania Dog Law shall be deemed to
be a nuisance under this article.
It shall be a nuisance for an occupant or controller of property
to have custody of, to harbor or to permit any animal to run at large.
Any other acts or conduct held or found to constitute a nuisance
at common law or by any Court of the Commonwealth of Pennsylvania.
A natural person, firm, partnership, association or corporation.
An animal 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 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 control of a natural person shall be deemed
to be running at large.
Any cat whose owner or keeper from time to time allows the
cat to run at large off of the property of the owner or keeper.
Every device in, upon or by which any person or property
is or may be transported or driven upon any highway, street, road
or alley except devises used exclusively upon rails or tracks.
No person shall allow or permit a nuisance to occur or to take
place on property under his control or elsewhere, as defined herein.
A.
No person shall allow any animal owned by him or under his control
to defecate on any sidewalk, walkway or the property of another without
immediately cleaning it up.
B.
Any vision or mobility-impaired person who relies upon a dog specifically
trained for such purpose shall be exempt from compliance with this
section.
A.
No person shall permit any animal owned by him or under his supervision
or control to run at large at any time.
B.
Any police officer or enforcement officer is hereby authorized and
empowered to seize and detain any animal which is found running at
large in the Borough, or upon any property other than the property
of the owner of such animal, and unaccompanied by the owner when such
police officer or enforcement officer is in immediate pursuit of such
animal.
C.
The provisions of this section shall apply to all animals found running
at large in violation of this section, irrespective of payment for
or issuance of any license in respect to the animal involved.
D.
Borough Council is hereby empowered and authorized to engage the
services of a qualified and suitable person to enforce the provisions
of this article.
Any police officer or enforcement officer of the Borough is hereby authorized to seize and detain any animal running at large in violation of § 82-12 or any animal concerning which reliable information has been received that such animal has been running at large. Any animal so seized shall be held by the Borough for 48 hours in a shelter as defined in § 82-14, at the owner's expense. Immediate notice of such seizure, either personally or by certified mail or email, with return receipt requested, shall be given to the person in whose name the license, if any, was issued, or his agent, to claim such animal within 48 hours after receipt hereof. In the event that the animal does not bear a proper license tag, immediate notice, either personally or by certified mail or email return receipt requested, shall be given to the person, or his agent, known to be the owner of such animal. The owner or claimant of an animal so detained shall pay a penalty of $50 to the Borough, together with a charge as set forth from time to time by resolution of the Borough Council per day for room and board or daily charge of the shelter where the animal is kept, whichever amount is greater. No animal shall be returned to the owner or claimant until said penalty and expense or charges shall be paid.
If after 48 hours of such notice as set forth in § 82-13 such animal has not been claimed, the police officer or enforcement officer shall convey the animal to a shelter, animal rescue, or foster care. No licensed animal shall be adopted, sold or otherwise disposed of unless such licensed animal remains unclaimed five days after notification, evidenced by obtaining a return receipt if notified by certified mail or email. Where the owner or agent of an unlicensed animal is not known, the police officer or enforcement officer shall convey such animal to a shelter, animal rescue, or foster care. No animal shall be sold for the purpose of vivisection or research or be conveyed in any manner for such purposes.
No person other than a person actually working a dog or other
animal for agricultural purposes shall transport or carry on any public
highway, street, road or alley such dog or other animal, unless such
dog or animal is safely enclosed within the motor vehicle or protected
by a container, cage, cross tether or other device to prevent the
dog or animal from falling from, being thrown from, out of or jumping
from said motor vehicle.
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 the dog or other animal to extreme
temperature which may adversely affect the health or safety of the
dog or animal.
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:
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.
A.
Any person who violates any provision of this article shall be charged
with a summary offense and shall be fined for each offense not less
than $100 nor more than $500 and all costs of prosecution for the
first offense, or be imprisoned for not more than 90 days, or both.
B.
Each day there is a violation may count as a separate violation.
The provisions of this article, as far as they are the same
as those of ordinances in force immediately prior to the enactment
of this article, are intended as a continuation of such ordinances.
