[Ord. 2014-03, 9/15/2014]
The purpose of this Part is to encourage responsible pet ownership
by requiring any owner or person having charge, care or control of
a cat(s) to ensure the proper control of the cat(s) and to establish
guidelines for the definition of a "nuisance cat(s)" and the enforcement
of "nuisance cat(s)" violations.
[Ord. 2014-03, 9/15/2014]
As used in this Part, unless the context otherwise indicates,
the following terms shall have the meanings ascribed to each:
Any animal that has been spayed or neutered.
A license issued to an owner of cats that are kept for the
purpose of breeding of cats or which are allowed to reproduce.
Any commonly domesticated feline animal and includes both
the male and female sex of the species.
Any cat that is not restrained and is off the property of
the owner.
Any cat that is free-roaming and is not altered.
An adult person or temporary or permanent custodian possessing,
harboring, keeping, sheltering or having control or custody of a cat
or any person having any financial interest, right or property in
the cat and also includes any person who knowingly permits a cat(s)
to remain on or about any premises occupied by that person.
[Ord. 2014-03, 9/15/2014]
1.
It shall be unlawful to be the owner of a nuisance cat(s). Any owner
of a cat(s) causing a nuisance as defined below shall be in violation
of this Part and subject to the penalties provided herein. The following
shall be deemed a nuisance:
A.
Any cat which causes damages to the property of anyone other than
the owner.
B.
Any cat that is a vicious animal in that it may cause injury to any
person's animal or property or may be a hazard to public safety.
C.
Any cat which causes unreasonable fouling of the air by odors.
D.
Any cat which causes unsanitary conditions in enclosures or surroundings.
E.
Any cat which defecates on any public sidewalk, park or building
or any private property without the consent of the owner of such property,
unless the person owning, having a proprietary interest in, harboring,
or having care, charge, control, custody or possession of such animal
shall remove any such defecation to a proper trash receptacle.
F.
Whine, calls or makes other disturbing noises in an excessive, continuous
or untimely fashion.
G.
Attacks other domestic animals.
H.
Is determined by the Borough Code Enforcement Officer to be offensive
or dangerous to the public health, safety or welfare.
2.
It is unlawful for any person to feed a nuisance, stray or homeless
cat(s) without full responsibility for the cat(s) by providing the
cat(s) with continued humane treatment which shall include proper
food, water, shelter, veterinarian care, rabies vaccination and altering
the cat(s).
[Ord. 2014-03, 9/15/2014]
1.
Upon receipt of a complaint by one or more persons alleging the presence
of possible nuisance cat(s) and the description of the suspected cat(s),
the Borough Code Enforcement Officer may investigate the complaint
to determine if in fact the animal is a nuisance cat.
2.
Upon determination by the Borough Code Enforcement Officer of a nuisance
cat(s), the following action may be taken:
A.
The Officer may order the owner of a nuisance cat to have the animal
altered at the owner's expense.
B.
A citation or order may be issued to the owner of the nuisance cat
for failure to comply with any applicable section of this Part.
C.
Cats may be impounded. All costs associated with the impound, including
but not limited to impound fees and boarding fees, shall be the responsibility
of the owner. These costs shall be paid in full prior to reclaiming
the cat. If the owner fails to reclaim the cat, the owner shall still
be responsible for those costs.
[Ord. 2014-03, 9/15/2014]
1.
Any person who violates any provision of this Part shall, upon conviction
thereof, be guilty of a summary offense and shall be convicted to
pay a fine of not more than $1,000 for each violation or, alternatively,
sentenced to pay a fine of not more than the maximum permitted under
Pennsylvania law, as the same may be from time to time amended and
in effect as of the date of conviction. In default of payment of imposed
fines, the offender may be imprisoned for a term not to exceed 90
days.
2.
Whenever any person violating any of the provisions of this Part
is notified of such violation in writing by the Borough Code Enforcement
Officer, each day or portion thereof a violation occurs or continues
to occur shall constitute a separate violation.
3.
In addition to and not in lieu of the foregoing, the Borough of Liberty
may seek equitable and legal relief to compel compliance with this
Part.
[Ord. 2014-03, 9/15/2014]
1.
The proper officials of the Borough are hereby authorized and directed
to do all things necessary to effectuate the purposes of this Part.
