[HISTORY: Adopted by the Borough Council of the Borough of
Springdale 11-20-2018 by Ord. No.
1275. Amendments noted where applicable.]
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 or nondomesticated animal.
The Borough of Springdale, Allegheny County, Pennsylvania.
Any person who provides care, including food, water, shelter
and, in some cases, medical care to feral cats, and, in accordance
with a program approved by the Borough, to trap, neuter, vaccinate,
ear-tip, and return feral cats to the location at which they are trapped.
An unowned, free-roaming cat that is partially socialized
or unsocialized to humans and tends to resist contact with humans;
also known as a "stray cat."
The keeping or owning of more than five pets in one residence
without proper care, nutrition or supervision.
Any person to intentionally provide food, water, or other
forms of sustenance or care to alley stray, feral, free-roaming, or
homeless cat, dog, other stray animal, or to allow other persons to
engage in such activities on his/her property for a period in excess
of three days.
A vehicle which is self-propelled except one which is propelled
solely by human power or electric power obtained by overhead trolley
wires, but not operated upon rails.
An animal shall be considered a nuisance if it habitually
trespasses upon or damages either private or public property or annoys
or harms lawful users or occupants thereof.
Any person having a right of property in, having custody
of or who harbors or permits a dog, cat, domestic animal or any nondomesticated
animal to remain on or around his or her property, excluding feral
cat caregivers as defined herein.
A natural person, firm, partnership, association or corporation.
Any person employed by the Borough whose duty it is to preserve
peace or to make arrests or to enforce any law, including auxiliary
policemen.
Being 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 contact of some person.
An eligible animal welfare organization appointed by Borough
of Springdale to run a TNR program in the Borough.
Any cat whose owner or keeper from time to time allows the
cat to run free off of the property of the owner or keeper.
A nonlethal approach to feral cat population control where
feral cats are humanely trapped, sterilized, vaccinated, ear-tipped
and then returned to the location where they were originally trapped.
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 devices used exclusively upon rails or tracks.
No person shall allow any animal confined on that person's premises
to make any loud or harsh noise or disturbance which shall interfere
with or deprive the peace, quiet, rest or sleep of any person within
the Borough.
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. Any vision- or mobility-impaired person
who relies upon a dog specifically trained for such purposes 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 upon the public streets, alleys,
highways, or public grounds of the Borough, or upon the private property
of any other person or upon any property other than property belonging
to the owner of such animal or to a person under whose supervision
or control of such animal is being kept. An animal must be firmly
secured by means of a collar and chain or other device so that it
cannot stray or must be accompanied by or under the reasonable control
of some person.
B.
Any police officer or law enforcement officer or duly appointed animal
control 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 law enforcement
office 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. The
Borough Council is hereby empowered and authorized to engage the services
of a qualified and suitable person to enforce the provisions of this
section.
Any police officer or law enforcement officer or duly appointed
animal control officer of the Borough is hereby authorized to seize
and detain any animal running at large in violation of § 175-23
or any animal concerning which 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. Immediate notice of such seizure,
either personally or by certified mail or e-mail, 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 e-mail, 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 § 175-24,
such animal has not been claimed, the police officer or law enforcement
officer or other duly appointed animal control officer may 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 e-mail.
Where the owner or agent of an unlicensed animal is not known, the
police officer or law enforcement officer or other duly appointed
animal control 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.
The Borough reserves the right to contract with a reputable animal
control service with terms mutually agreeable to the parties. To the
extent that the terms of any contract are inconsistent with the terms
set forth herein, the terms of the written contract shall prevail.
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 or 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 dog or other animal to extreme temperature
which adversely affects 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 is hereby declared to be a nuisance, is/shall be unlawful,
for any person to intentionally provide food, water, or other forms
of sustenance or care to alley stray, feral, free-roaming, or homeless
cat, dog, other stray animal, or to allow other persons to engage
in such activities on his/her property. Any person providing such
care for three continuous days shall be deemed a keeper of the animal
and shall be treated as an owner. Keepers shall be required to comply
with the provisions of § 175-28 of this article; provided,
however, that nothing herein shall prohibit the Borough from issuing,
upon request, a special permit to allow authorized persons or groups
to engage in such activities as part of a trap, neuter and return
program managed by the Borough or sponsor of the Borough.
It shall be unlawful for any person to engage in hoarding of
animals. Evidence of hoarding shall include but not be limited to
lack of nutrition and supervision, offensive odor emanating from a
person's residence, unsanitary conditions, insufficient litter boxes
or other necessary accoutrements. Violations and penalties for hoarding
under this article shall be in addition to any charges that could
be filed under the Pennsylvania Animal Cruelty Act, also known as
"Libre's Law."[1]
[1]
Editor's Note: See 18 Pa.C.S.A. § 5531 et seq.
Animal welfare organizations may make application to the Borough
to serve as a sponsor of a TNR program. Sponsors appointed by the
Borough shall have the following responsibilities:
A.
Register each feral cat colony they are managing with the Borough.
Information submitted to the Borough shall include general location
(neighborhood), number of cats in the colony, and number of caretakers
working with the colony.
B.
Record and report to the Borough, on an annual basis, the intake
and disposition of each feral cat brought to their facility.
C.
Record and report to the Borough, on an annual basis, the total number
of members and the number of sterilized members of each feral cat
colony within the Borough for which they have implemented a TNR program.
D.
Record and report to the Borough, on an annual basis, the number
of kittens born into each feral cat colony within the Borough for
which they have implemented a TNR program. Address complaints received
by the Borough and passed along to the sponsor regarding caretaker
behavior and serve as an intermediary to address and, where possible,
remediate the behavior within a reasonable period of time, based on
the matters at issue and utilizing Borough resources when necessary.
[Added 9-21-2021 by Ord. No. 1288[1]]
The keeping of chickens, turkeys, ducks, geese or other poultry,
cattle, pigs, goats or horses, donkeys or similar animals, regardless
of whether such animals are considered to be pets, or the maintenance
of chicken coops, pig pens, stables, or other such facilities within
the Borough of Springdale is strictly prohibited.
A.
Any person who violates any provision of this article, in addition
to any other penalty under state law, shall be charged with a summary
offense and shall be fined not less than $100 nor more than $1000,
and all costs of prosecution, for the first offense, or be imprisoned
for not more than 90 days, or both.
B.
For any subsequent offense that occurs within one year of sentencing
for the prior violation, a person shall be charged with a misdemeanor
of the third degree and, upon conviction, shall be fined not less
than $500 nor more than $1,000, plus costs of prosecution, or to imprisonment
of not more than one year, or both. Each day there is a violation
may count as a separate violation.
It is hereby declared to be the intent of the Council of the
Borough of Springdale that several provisions of this article are
separable. If any court of competent jurisdiction shall declare any
words, sentences, sections or provisions of this article to be invalid,
such a ruling shall not affect any other words, sentences, sections
or provisions of this article not specifically included in said ruling.
