[Adopted 10-11-2017 by Ord. No. 17-007[1]]
As used in this article, the following terms shall have the
meanings indicated:
Any premises designated by the County of Allegheny or the
Borough for the purposes of impounding and caring for all animals
found running at large.
Any document from a Borough or County of Allegheny shelter,
humane agency or nonprofit rescue organization declaring itself to
be the source of the dog, cat, or rabbit on the premises of a pet
shop, retail business, or other commercial establishment. The certificate
of source shall include the name and address of the source organization;
the name and address of the pet shop, retail business or other commercial
establishment; and a written description, photograph, and license
number (if applicable) of each dog, cat or rabbit identified.
Any for-profit business enterprise, including a sole proprietorship.
This term includes, but is not limited to, businesses engaged in retail
or wholesale commerce related to dogs, cats, and rabbits; grooming
parlors; canine day care; and boarding facilities.
An animal protection or animal welfare organization authorized
to enforce Section 5511 of the Pennsylvania Crimes Code.
Any Pennsylvania nonprofit corporation that is exempt from
taxation under Internal Revenue Code Section 501(c)(3), whose mission
and practice is, in whole or in significant part, the rescue and placement
of dogs, cats, or rabbits, or any nonprofit organization that is not
exempt from taxation under Internal Revenue Code Section 501(c)(3)
but whose mission is, in whole or in significant part, the rescue
and placement of dogs, cats, or rabbits and which is currently an
active rescue partner with a Borough or County of Allegheny shelter
or humane society.
Any business or person that acquires dogs, cats, rabbits
or any other animal for the purpose of resale, whether as owner, agent
or consignee.
A.
It is unlawful for any person to display, offer for sale, deliver,
barter, auction, give away, transfer, or sell any live dog, cat, or
rabbit in any pet shop or other commercial establishment located in
the Borough, unless the dog, cat, or rabbit was obtained from a Borough
or County of Allegheny municipal or governmental animal control agency,
an animal shelter, a humane agency or a nonprofit rescue organization.
All pet shops or other commercial establishments selling dogs, cats,
or rabbits shall maintain a certificate of source for each of the
animals and make it available upon request to animal control officers,
law enforcement, code compliance officials, or any other Borough employee
charged with enforcing the provisions of this section.
B.
In the event an animal shelter, humane agency or nonprofit rescue
organization is determined by the Borough and/or the Borough Code
Enforcement Director to be substantially out of compliance with animal
welfare standards, laws or regulations, a certificate of source provided
by any such organization shall be void until such noncompliance is
remediated to the satisfaction of the Borough and/or the Code Enforcement
Director.
C.
This section shall not apply to the display, offer for sale, delivery,
bartering, auction, giving away, transfer, or sale of dogs, cats,
or rabbits from the premises on which they were bred and reared.
D.
Nothing in this section shall prevent the owner, operator, or employees
of a pet shop, retail business, or other commercial establishment
located in the Borough from providing space and appropriate care for
animals owned by a Borough or county animal shelter or animal control
agency, humane agency, or nonprofit rescue organization and maintaining
those animals at the pet shop, retail business, or other commercial
establishment for the purpose of public adoption.
Every separate act committed in violation of this article shall
constitute a separate and distinct offense and shall be punishable
by a fine not to exceed $1,000 and/or a term of imprisonment not to
exceed 30 days.