[Added 5-18-2017 by Ord.
No. 4A-2017[1]]
This article shall govern the keeping of and caring for animals
in the Borough.
As used in this article, the following terms shall have the
meanings indicated:
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.
Anything that interferes with or threatens the use or enjoyment
of property, endangers personal health or safety .
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.
All animals left outdoors unattended for more than two hours
shall have access to weatherproof shelter as prescribed below:
A.
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.
B.
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.
C.
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
A.
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.
B.
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.
A.
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.
B.
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.