Borough of West Chester, PA Keeping of and Caring for Animals

Any intentional act or omission whereby unjustifiable pain, suffering or death is caused or permitted, including failure to provide appropriate drink, air, space, shelter or protection from the elements, veterinary care, or nutritious food in a quantity sufficient to maintain life.

PUBLIC HAZARD

Anything that interferes with or threatens the use or enjoyment of property, endangers personal health or safety .

§ 37-15 Prevention of odor.

No person owning or having in his or her custody animals or fowl shall maintain said animals or fowl in such a manner as to create any obnoxious or foul odor therefrom beyond the property line where the animals and/or fowl are maintained. Those owning or having in his or her custody any animal and fowl are responsible for keeping their property reasonably clear of animal fecal matter, so as to not constitute a public hazard. In addition, in conformity with Section 302 of the International Property Maintenance Code, as adopted by the Borough, all exterior property and premises shall be maintained in a clean, safe, and sanitary condition. In conformity with § 84-1D of the Borough Code, so as to prevent public or private nuisances, no animals or fowl shall create or cause odors which unreasonably interfere with the reasonable use, comfort, and enjoyment of a neighbor's property, or that endangers the health or safety of the occupants of a neighboring property.

§ 37-16 Shelter standards.

All animals left outdoors unattended for more than two hours shall have access to weatherproof shelter as prescribed below:

Animals shall be provided with access to shelter which protects them against inclement weather, keeps them dry, and allows them to preserve a sustainable body temperature.

Animals shall be provided with a house or structure that is in good repair and complies with the following requirements:

(1)

If unheated, the house or structure shall have a roof (which may be an igloo-type house or structure) and at least three enclosed sides. The fourth side to the house or structure, used for entering and exiting the house or structure, shall feature a covering during the fall and winter months, to adequately protect against extreme elements, including wind and precipitation.

(2)

It shall be of a suitable size to accommodate the animal in both standing and lying positions.

(3)

It shall be moisture-proof, windproof, ventilated and, in cold temperatures, shall promote the retention of body heat.

(4)

It shall be made of durable material with a solid, moisture-proof floor raised at least two inches from the ground.

(5)

It shall have a significant quantity of suitable clean bedding material consisting of hay, straw, cedar shavings or the equivalent to provide insulation and protection against cold and dampness.

(6)

No animal may be housed on a temporary or permanent basis in any shelter constructed of uninsulated metal.

(7)

In severe weather conditions of high winds and/or heavy rains or frozen precipitation with temperatures below 32°F., houses or similar structure shall have a windbreak at the entrance.

(8)

In extreme cold temperatures, if the temperature falls below 32°F., animals may not be left outside for more than 30 minutes.

(9)

In extreme heat temperatures, if the temperature rises above 90°F., animals may not be left outside for more than 30 minutes.

(10)

All animals must be afforded one or more separate areas of shade large enough to accommodate the entire body of the animal at one time and protect it from the direct rays of the sun.

(11)

Drinking water must be available in a clean, liquid state. Snow or ice is not an acceptable water source.

(12)

The house or similar structure and the surrounding area shall be free from excessive trash and waste, so as to not constitute a public hazard or create a public or private nuisance. Tethering that does not allow an animal to defecate or urinate in an area separate from an area where it must, eat, drink, or lie down is prohibited.

(13)

Use of leashes or leads shall contain a swivel or be attached to a swivel and shall be placed and attached so that the animal cannot become entangled with the leash or lead of other animals or another object.

(14)

The leash or lead shall be a type commonly used for the size and type of animal involved and shall be attached to the animal by means of a well-fitted collar. The leash or lead shall be at least three (3) times the length of the animal as measured from the tip of its nose to the base of its tail, but no less than fifteen (15) feet in length, and shall allow the animal convenient access to the house or structure.

(15)

It shall be unlawful to put a heavy chain around an animal's neck, tie an animal using a logging chain, and/or put any kinds of weights on them including, but not limited to, weight vests, weighted collars, and weighted harnesses. A tether that weighs more than 1/8 of the animal's body weight is prohibited.

(16)

It shall be unlawful to secure an unattended animal using an aversive collar, inclusive of, but not limited to, prong, pinch, and choke chain collars.

(17)

Any animal confined within an outdoor enclosure/pen for more than two hours must have adequate space to move about within the same enclosed area, which must be maintained in a sanitary condition, so as to not constitute a public hazard, or create a public or private nuisance. If tethered, the tether must be positioned so the animal may enter the structure without difficulty.

Garages, sheds, screened or enclosed porches, and alcoves may be considered shelter or protection from the weather, provided that:

(1)

During the spring and summer, the structure is ventilated so as to provide movement of air;

(2)

In a heated structure, during fall and winter, an area must be provided for the animal that contains bedding (blankets, straw, etc.) sufficient to keep the animal insulated from the floor of the structure; and

The keeping of poultry, hogs and/or fowl is subject to the regulations, requirements, and standards set forth in this article, to the extent that they do not conflict with those regulations, requirements, and standards of Article I of this chapter.

§ 37-17 Cruelty to animals.

It shall be unlawful for any person to willfully kill, wound, injure, torture, torment, tease, molest, bait, overwork, deprive of necessary sustenance, needlessly mutilate, poison, abandon or subject any animal to conditions detrimental to its health or general welfare.

It shall be unlawful for any person that owns or keeps any animal to do so under unsanitary or inhumane conditions, or to fail to provide proper food, water, shelter or reasonably clean quarters. It shall be unlawful for any person that owns or keeps any animal to fail to provide said animal with proper medical attention if sick, diseased, or injured. Minimal proper care shall be comprised of, but not limited to, the following:

(1)

Food provided to any owned or kept animal shall be free from contamination, and shall be of sufficient quantity and nutritive value as to maintain the animal in good health.

(2)

Clean, potable water shall be available at all times for all animals. Any water receptacle shall be kept clean and sanitary, of appropriate size and design for the animal, and positioned to prevent against spillage.

(3)

All animals shall not be constrained so as to prevent against standing to their full height, stretching out, turning around, lying down, and making normal postural adjustments comfortably.

(4)

Animals shall be allowed to exercise and have freedom of movement as necessary to reduce stress and maintain appropriate physical condition.

(5)

Animals with hair coats requiring grooming to prevent severe matting, filth, accumulation and/or skin disease shall be groomed in accord with normal and accepted grooming practices.

(6)

Both indoor and outdoor enclosures shall receive cleaning as necessary to remove pet solid waste and debris, so as to minimize disease hazards, odor, and danger to the animal(s).

(7)

It shall be unlawful for any person to promote, stage, hold, manage, conduct or attend any illegal game, exhibition, contest, fight, or combat between one or more animals or between animals and humans, or to set free any animal for the purpose of chasing or having a race thereafter. This shall include, but is not limited to, hares or rabbits, cocks or other fowl, and dogs.

(8)

It shall be unlawful for any person, partnership, or corporation being the owner, possessor, or custodian of a dog, cat, or other domestic animal or pet to abandon such animal. The term "abandon" shall not mean legally transferring ownership of an animal to an animal rescue organization or another person.

(9)

It shall be unlawful for any person to sell, give away or barter any domestic dog or cat less than eight weeks of age, unless accompanied by its dame. This provision does not apply to animals being surrendered to an animal control agency, shelter, pound, rescue, or humane organization.

(10)

It shall be unlawful for any person to place or confine an animal or allow an animal to be placed or confined in a motor vehicle under such conditions or for such period of time as to endanger the health or well-being of such animal due to temperature, lack of food or drink, or such other conditions as may reasonably be expected to cause suffering, disability, cruelty or death.

(11)

Animals which are transported on, or in back of, trucks or other open-bed vehicles, must either be cross-tethered or confined in a suitable cage made of wood or plastic to prevent them from departing the vehicle while it is in motion. The cage must be anchored or tethered to prevent movement while the vehicle is in operation. It shall be prohibited to transport an animal on, or in the back of trucks or other open-bed vehicles during the winter months.

§ 37-18 Enforcement.

When a complaint and/or possible violation of this article is reported to the Borough Police Department, the Borough Police Department may, when necessary, call upon an independent, licensed Animal Control Officer (ACO) to assist in the enforcement of any provisions of this article.

State Dog Wardens, employees of the Department of Agriculture, independent, licensed Animal Control Officers, and the Borough Police Department may assist in the enforcement and prosecution of any provision of this article, along with any and all applicable provisions of the Pennsylvania Dog Law, 3 P.S. § 459-101 et seq.