[Adopted 1-16-2002 by Ord. No. 2915]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be known and may be cited as the "Cats and
Wild Animals Ordinance of 2001."
As used in this article, the following terms shall have the
meanings indicated:
When applied herein to the proprietorship of a cat or wild
animal, includes every person having a right of property in such cat
or wild animal, every person who keeps or harbors such cat or wild
animal or has it in his or her care, and every person who permits
such cat or wild animal to remain on or about any premises occupied
by him or her.
Shall include local officials or code enforcement employees,
individuals, and animal control officers.
Includes any living member of the animal kingdom, including
those born or raised in captivity, except the following: human beings,
domestic dogs (excluding hybrids with wolves, coyotes or jackals),
domestic cats (excluding hybrids with ocelots and margays), farm animals,
rodents, and captive-bred species of common caged birds.
The provisions of this article shall be enforced by the Director
of the Department of Health and/or his or her agent(s), including
but not limited to Upper Darby police officers, animal control officers,
code enforcement employees and any special officers or agents appointed
to administer this article.
A.
No person shall keep or permit to be kept any wild animal as a pet.
B.
No person shall own, possess, or have custody of on his or her premises
any wild or vicious animal for display, training, or exhibition purposes,
whether gratuitously or for a fee. This section shall not be construed
to apply to American Association of Zoological Parks and Aquariums
(AAZPA) accredited facilities.
C.
The enforcement officers shall have the power to release or order
the release of any infant wild animal under temporary permit that
is deemed capable of survival.
Cats must wear identification tags or collars containing name,
address and telephone number of owner at all times when off the premises
of the owner.
A.
It shall be unlawful for the owner of any cat to permit it to run
at large, to cause annoyance to persons or damage to persons or property,
to trespass upon, litter or deface any premises, pavement, public
highway or park in this Township. Failure of any such owner to properly
curb and restrain his or her cat shall subject the owner to penalties
provided by this article.
B.
No owner shall fail to exercise proper care and control of his or
her animals to prevent them from becoming a public nuisance.
Every female cat in heat shall be confined in a building or
secure enclosure in such a manner that such female cat cannot come
into contact with another animal except for planned breeding.
A.
Cats found running at large shall be seized and detained by the appropriate
enforcement official as designated by the Director of the Department
of Health and impounded in a shelter designated as the Township Animal
Shelter, or any other suitable place, and there confined in a humane
manner for a period of up to two days; it may thereafter be disposed
of in a humane manner if not claimed. Cats not claimed after the expiration
of two days shall become the property of the Department of Health
of the Township of Upper Darby and may be disposed of at the discretion
of the appropriate enforcement officers.
B.
If it is possible to capture an unrestrained cat or nuisance animal, it shall be taken by the enforcement officer and impounded in an animal shelter as set forth in § 222-45A above and thereby confined in a humane manner. If it is not possible to capture the unrestrained cat or nuisance animal, the enforcement officers are authorized to use tranquilizer guns as methods of removal. Such enforcement officer or agent is hereby authorized to go upon any premises to seize and detain any such cat or nuisance animal when such enforcement officer or agent is in immediate pursuit.
C.
The appropriate enforcement officers may transfer title of all animals
held by an animal shelter to the Humane Society after the legal detention
period has expired and the animal has not been claimed.
A.
An appointed enforcement officer shall cause any cat bearing a proper identification tag and seized running at large to be detained, properly kept and fed, and shall cause immediate notice, either in person or by registered mail, to be given to the owner listed on the cat's identification tag, to claim such cat within eight days. The owner of a cat so detained shall pay the impounding fee as per § 222-47 of this article and all reasonable expenses incurred before the cat is returned, plus any fines which may be assessed.
B.
Any cat impounded under the provisions of this article and not reclaimed
by its owner within eight days may be turned over to the local SPCA
as a stray and/or have its title transferred to the Humane Society.
A.
Any cat impounded hereunder may be reclaimed as herein provided upon
payment of the owner to the Township of Upper Darby the cost of each
night such cat is kept, plus any additional expenses which may be
incurred. All fees set forth herein shall be paid to the Upper Darby
Treasurer, Upper Darby, Pennsylvania, or his or her designated agent.
B.
The above impoundment fees are to be levied against the cat owner
regardless of whether the cat is reclaimed or disposed of.
C.
Cost fees of $7.50 per night are the minimal cost fees permitted.
Cost fees will include all reasonable expenses incurred in the detention
of a cat. Fees are subjected to change as cost to the Township changes.
A.
Every owner or possessor of real property in the Township of Upper
Darby shall prevent or remove any and all accumulations of animal
waste, feces or excretions on such property if such accumulations
create obnoxious odors outside or inside a dwelling on the property
or unhealthy conditions.
B.
No person having ownership, possession, custody or control of a cat
shall allow such cat to defecate upon any gutter, street, driveway,
alley, curb, sidewalk, or other public property in the Township; or
in or on any building or place frequented by the public or used in
common by the tenants thereof; or upon the grounds of a public park
or public area; or upon private property other than the property of
the owner of the cat.
C.
A person having possession, custody or control of a cat which defecates
in any area other than the private property of the owner of such cat
shall immediately remove the feces from such area and either:
A.
It shall be unlawful for any person to interfere with any officer
or agent in the enforcement of this article.
B.
It shall be unlawful for any person to forcibly cut the leash or
attempt to take a cat or wild animal away from such officer having
it in his or her possession when such animal is found running at large.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be enforced by the filing of a civil complaint
or by such other means as may be provided by the Pennsylvania Rules
of Civil Procedure. Any person, firm or corporation who violates any
building, housing, property maintenance, health, fire or public safety
code shall, upon being found liable in a civil proceeding, be ordered
to pay a penalty of not more than $1,000, plus the costs of prosecution,
plus all Township attorneys' fees incurred in the prosecution of the
civil case. Any person, firm or corporation who violates any other
ordinance shall, upon being found liable in civil proceeding, be ordered
to pay a penalty of not more than $600, plus the costs of prosecution,
plus all Township attorneys' fees incurred in the prosecution of the
civil case. Each day that a violation continues shall constitute a
separate violation of this article. Each subsection of this article
that is violated shall constitute a separate violation of this article.
If any section, subsection, paragraph, sentence, clause or phrase
of this article should be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this article
which shall remain in full force and effect, and to this end the provisions
of this article are hereby declared to be severable and are intended
to be severable.
In the event that the appropriate enforcement officer for any reason is unable to impound a cat running at large as set forth in § 222-43 or 222-44 above, the officer shall cite the owner of said cat for violation of this article as set forth herein. In the event that impoundment fees and costs are incurred as a result of a violation of this article, the officer shall cite the owner of said cat for violation of this article in order to collect those fees.
