[HISTORY: Adopted by the Borough Council of the Borough of
Steelton 11-17-2014 by Ord. No.
2014-6, approved 11-17-2014. Amendments noted where applicable.]
The Borough of Steelton is empowered by § 1202(9)
of the Borough Code, 8 Pa.C.S.A. § 1202(9), to regulate
by ordinance the running at large of dogs, cats or other pets and,
in the enforcement of the regulations, to direct the seizure, detention
or killing of dogs, cats or other pets prescribing reasonable charges
for their seizure and detention, and to provide for their sale for
the benefit of the Borough in default of the redemption of the pet
by its owners. Section 1202(10) of the Borough Code, 8 Pa.C.S.A. § 1202(10),
enables the Borough to enact ordinances prohibiting or regulating
the keeping or running at large of livestock and fowls and any other
animals not above-described (dogs, cats or other pets) and authorizing
their seizure, detention or, in the case of unowned pigeons, humane
destruction. The ordinances enacted pursuant to the above provisions
shall not unreasonably interfere with any agriculture operation to
the extent prohibited by applicable state law. The Borough is authorized
to prohibit and remove nuisances on public or private grounds, and
to make regulations as may be necessary for the health, safety, morals,
general welfare and cleanliness and beauty, convenience, comfort and
safety of the Borough, by the authority of the following statutory
provisions: Borough Code, 8 Pa.C.S.A. § 1202(4) and (5).
The purpose of this chapter to promote health, safety and welfare
within the Borough by regulating the keeping or running at large of
dogs, cats or other pets, livestock and fowl, and any other animals,
domestic, wild or exotic, in Steelton Borough.
The following words and phrases when used in this chapter shall
have, unless the content clearly dictates otherwise, the meanings
given to them in this section:
Includes, regardless of whether any such animal is licensed
or unlicensed:
Every person having a right, proprietorship or ownership in
an animal.
Every person who keeps or harbors an animal or has it in his
or her care or custody.
Every person who permits an animal to remain on or about any
premises occupied by him or her.
The parents of any child under 18 years of age who owns or has
the control and/or custody of an animal.
The Borough of Steelton, Dauphin County, Pennsylvania.
Any animal or bird maintained as a domestic pet, including,
but not limited to, dogs, cats, rabbits, hamsters and birds.
Any animal of a species controlled by the laws of the Commonwealth
of Pennsylvania as a wild or exotic animal. The term shall include
any animal which is wild, fierce, dangerous, noxious, or naturally
inclined to do harm and shall include the wolf, fox, coyote, dingo,
all members of the cat family except commonly accepted domestic cats,
bears, weasels, raccoons, civets, subhuman primates, porcupines, skunks
except those which have been surgically altered and domesticated,
venomous snakes and lizards, alligators, crocodiles and venomous fish
and piranha.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his or her reasonable rights or person or property.
A person owning, leasing, occupying, or having charge of
any premises within the Borough.
Any natural person, firm, partnership, association, corporation,
company or other legally recognized entity.
An animal being off the premises of its owner and not on
a leash, tether, chain, rope or similar device, the overall length
of which (including the handgrip) does not exceed six feet in length
and which is held by a person able to control such animal and not
left unattended on a leash, tether, chain, rope or similar device,
which is tied or otherwise fastened to any tree, parking meter, signpost
or other items within the public right-of-way of any street, alley
or other public property, unless while participating in an arranged
animal training class, trial or exhibition.
No person or corporation shall maintain, keep or possess within
the Borough any of the following animals, which classification shall
be broadly construed: horses, donkeys, burros, cows, pigs, goats,
sheep, ducks, chickens, geese, mice, monkeys, poultry, rats, rodents,
including moles, muskrats and squirrels, all snakes, swine, exotic
and wild animals.
A.
Duties of owner.
(1)
It shall be unlawful for the owner or keeper of any domestic animal
to fail to keep at all times the domestic animal from running at large
in the Borough of Steelton. It further shall be unlawful for an animal
owner to fail to keep at all times such animal either:
(a)
Confined within the premises of the animal owner and maintained
in a clean and sanitary condition at all times.
(b)
Firmly secured by means of a collar, chain, leash, tether, rope,
or similar device the overall length of which (including the handgrip)
does not exceed six feet in length so that it cannot stray beyond
the premises or person on which it is secured.
(c)
Under the reasonable control of some person, or, when engaged
in lawful exhibition or field training, accompanied by an owner or
handler.
(2)
For purposes of this section, an animal shall be presumed to be running
at large if it is not within the immediate control of its owner, said
control being in the form of a leash, tether, chain, rope, or similar
device, the overall length of which (including the handgrip) does
not exceed six feet in length and which is held by a person able to
control such animal.
B.
It shall be unlawful for the owner keeper of any animal, domestic,
wild or exotic, to fail to keep at all times the animal from entering
any premises of Borough-sponsored festivals or special events, or
designated public events. The Council of the Borough may also specifically
designate certain festivals, special events or public events when
this restriction is not applicable. This section shall not apply to
guide or support dogs used by person due to blindness, deafness or
other disabilities or guidance support dogs being trained for such
purposes.
A.
The Steelton Police are hereby authorized to seize and detain any animal or dog, domesticated or not, found running at large and unaccompanied by the owner or keeper in violation of § 37-5, or is found making any loud or harsh noises or disturbances in violation of § 37-11, whether or not on the owner's premises.
B.
The Steelton Police shall cause any dog or other animal, domesticated
or not, bearing a proper license tag or the identity of whose owner
is known or determined by the police, and so seized and detained to
be properly kept and fed, and shall cause immediate notice, either
personally or by registered mail, to be given to the person in whose
name the license was procured or his or her agent or whose identity
becomes known to the police, to claim such dog or other animal, domesticated
or not, within 10 days.
C.
The owners of a dog or other animal, domesticated or not, so detained or who otherwise violates this article, shall pay a fine in accordance with § 37-15 to the Borough and all reasonable expenses, including but not limited to the expenses of any humane society, animal rescue or veterinarian incurred by reason of its detention to the detaining parties before the dog or other animal, domesticated or not, is returned. In the event that the Borough of Steelton boards any such animal on its own property, the owner thereof shall be responsible for a boarding fee of $50 per calendar day for each day that the Borough boards that animal. If after 10 days from giving such notice, such dog or other animal, domesticated or not, has not been claimed, the police shall dispose of the dog or other animal, domesticated or not, by sale or by destruction in some humane manner and all reasonable expenses, including but not limited to the expenses of any humane society incurred by reason of its disposal by sale or by destruction, shall be paid by the owner of said dog or other animal. All actions taken by the Steelton Police in relation to the seizure, detention and disposition of dogs, including dangerous dogs, shall be controlled by, consistent with, and taken pursuant to the provisions and authority of the Pennsylvania Dog Law, 3 P.S. § 459-101 et seq.
No owner or keeper of a dog, cat or other domestic animal or
fowl shall abandon such animal or fowl.
A.
It shall be unlawful for any person or persons, whether the owner
of the animal or not, to mistreat, abuse or cause bodily injury to
any domestic, wild or exotic animal or otherwise to inhumanely dispose
of such animal. For purposes of this section, mistreatment shall include,
but not be limited to, not providing for the proper care, shelter,
feeding and medical treatment of a domestic animal by its owner or
custodian. Authorized destruction of animals shall be controlled by
the Pennsylvania Animal Destruction Method Authorization Law, 3 P.S.
§ 328.101 et seq.
B.
Authority to dispose of dangerous animals. Any domestic wild or exotic
animal, with exception of a dog, running at large or out of the control
of its owner or custodian that, in the judgment of a Steelton police
officer, poses a threat to the life or physical well-being of any
person or persons may be destroyed as humanely as possible by the
officer when, in the judgment of the officer, capture or containment
of the animal is not possible without further risking the health and
safety of the public. The destruction of dogs shall be controlled
by the Pennsylvania Dog Law, 3 P.S. § 459-101 et seq.
A.
It shall be unlawful for any person to:
(1)
Overdrive, overload, overwork, torture, beat, mutilate, kill needlessly,
carry in a vehicle in an inhumane manner or otherwise mistreat any
animal;
(2)
Fail to provide any pet or animal with proper food, drink, protection
from the weather and veterinary care;
(3)
Abandon any pet or animal;
(4)
Intentionally poison any pet or animal;
(5)
Allow or promote any fight between animals or allow or permit any
such fight in or upon premises in his or her possession or control.
B.
In the event a Steelton police officer finds an animal in neglected
or suffering condition, he shall have the authority forthwith to remove
or cause to be removed such animal to a safe place for appropriate
care or treatment, at the expense of the owner, who shall be promptly
notified of the same. Return to the owner of said animal shall not
be made until the owner has made full payment for expenses incurred
by the Borough.
A.
The owner or custodian of any domestic animal shall remove immediately
any feces or vomit deposited by his or her domestic animal on any
public street or street right-of-way, including the sidewalk and any
other part of the street right-of-way, such as the grass boulevard
between the street and the private property line, on any public parkland
or public use area, or on any property of which such person is not
the owner or tenant. The feces or vomit deposited by domestic animal
on any property other than that of the owner or custodian of the domestic
animal shall be collected by the owner or custodian in a sanitary
fashion and returned to his or her property for sanitary disposal.
No owner or custodian of any domestic animal shall permit that animal
or fowl to create offensive odors or unsanitary conditions on the
owner's property, including the yard areas, which are a menace to
the health, comfort or safety of the public.
B.
No person, whether the owner or person in charge or control of the
animal, shall permit the animal to destroy or damage the lawn, tree,
shrub, plant, building, or other property, other than the property
of the owner or of the person in charge or control of such animal,
by scratching, digging, defecating or urinating or by any other means.
A.
With respect to dogs, a dog owner shall have presumed to have created
or maintained a nuisance if the owner shall:
(1)
Permit his or her dog to cause annoyance or discomfort or to disturb
the peace of the citizens, residents or other persons lawfully in
the Borough by barking, yelping, howling or causing any other unseemly
noise; or
(2)
Permit his or her dog to make any loud or harsh noise or disturbance
with such frequency as to interfere with or disturb the peace, quiet,
rest, sleep or repose of any person within the Borough.
B.
It shall not be necessary to establish that any occurrence of actions set forth in Subsection A(1) or (2) above has lasted for any specific period of time in order to find a violation of this section. However, continuous barking, yelping, howling or the making of any loud or harsh noise by a dog for a period of 10 minutes, or the making of such noise intermittently for 1/2 hour or more, to the disturbance of any person any time of the day or night, shall give rise to the presumption that such dog has disturbed the peace and has caused the annoyance and discomfort of persons in the Borough; provided, however, that at the time the animal is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal is situated or for any other legitimate cause which teased or provoked the animal.
C.
At the trial of any charge of violation of this section, if it shall
be determined that a dog has disturbed the peace, quite, rest, sleep
or repose of any person within the Borough or has caused the annoyance
or discomfort of such persons by barking, yelping, howling or causing
any other unseemly noises hereinbefore set forth, it shall be conclusively
presumed that the dog owner has permitted the occurrence to have happened.
D.
Prior to the issuance of a citation or the filing of a private criminal
complaint for a violation of this section, it shall be necessary to
serve written notice upon the dog owner in one of the following ways:
(1)
By mailing a copy of the notice to the dog owner by any form of mail
requiring a receipt signed by the dog owner or his agent;
(2)
By personal delivery of the notice to the dog owner;
(3)
By handing a copy of the notice at the residence of the dog owner
to an adult member of the family with which he or she resides, but
if no adult member of the family is found, then to an adult person
in charge of such residence; or
(4)
By fixing a copy of the notice to the door at the entrance of the
premises in violation.
E.
The contents of the notice required as set forth above shall be as
follows:
(1)
The name and address of the dog owner, if known;
(2)
The nature and extent of the violation or offense;
(3)
The period of periods of time over which the nuisance has occurred;
(4)
The identity of the person giving notice;
(5)
The date and time of the sending or posting of notice; and
(6)
A statement to the affect that a citation may be issued or a private
complaint filed if the nuisance is not abated within 24 hours of the
time of receipt or posting of notice.
F.
Any notice given pursuant to this section shall be valid for a period
of six months; within six months, no additional notice need be given
prior to the issuance of a citation or the filing of a private complaint.
A.
Whenever it is established that any animal has bitten any person
or shows signs of being infected with rabies, the owner or person
having custody or possession of such animal, upon the order of a Steelton
police officer or the Humane Society of Dauphin County, shall quarantine
such animal in a veterinarian's kennel or in the owner's home for
a period of 10 days.
B.
At the end of the quarantine period, the owner or person having custody
or possession of the animal shall have the animal examined by a veterinarian
for signs of rabies. If any animal is found to be rabid, a report
shall be made immediately to a Steelton police officer or the Humane
Society of Dauphin County, and such officers shall make whatever arrangements
they believe necessary pursuant to law.
C.
If the animal is quarantined in the home of the owner for the 10
days, such animal shall not be allowed out of the house except on
a leash and in the custody of an adult.
D.
In the event that the owner or person having custody or possession of the animal fails to comply with the order provided for in Subsection A of this section within six hours after such order has been issued and served upon such owner or person having custody or possession, any police officer or the Humane Society of Dauphin County may take such animal into custody and place the same in quarantine at the expense of the owner or person having custody or possession of the animal.
The owner, keeper or harborer of any animal which damages or
destroys public or private property shall be held liable for the full
value of the property damaged or destroyed, in addition to any penalty
imposed for a violation of this chapter.
It is unlawful for any person or keep or maintain a dog, other
than those owned by a public law enforcement agency or its agents
and being used for training by such agency or agents within the Borough,
without obtaining a dog license from Dauphin County. All dogs shall
be vaccinated against rabies within four weeks after the date the
dog attains 12 weeks of age in accordance with the requirements of
Rabies Prevention and Control in Domestic Animals and Wildlife Act,
3 P.S. § 455.1 et seq.
A.
Any person who shall violate or permit the violation of this chapter
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $1,000, plus all court costs, including reasonable attorneys'
fees incurred by the Borough, for each such violation. Each day or
portion thereof in which a violation exists shall be considered a
separate violation of this chapter. Each provision of this chapter
which is violated shall be considered a separate violation. Such fine
shall be in addition to any other fine which may be imposed under
the provisions of any other ordinance of the Borough, Pennsylvania
law or federal law. In default of any payment of any fine, such violator
shall be subject to imprisonment for not more than 30 days. Enforcement
of this chapter shall be by action brought before a District Magistrate[1] in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure.
[1]
Editor's Note: Now Magisterial District Judge.
