[Amended in its entirety 9-13-2007 by Ord. No.
5001]
A.
This article is enacted to regulate the maintenance,
keeping or possession of animals within the City of Easton in order
to promote the health, safety and general welfare of its inhabitants.
B.
Where the provisions of this chapter impose greater
restrictions than those of any other statute, ordinance, regulation
or resolution, the provisions of this article shall be controlling.
Where the provisions of any other statute, ordinance, regulation or
resolution impose greater restrictions than this article, the provisions
of such other statute, ordinance, regulation or resolution shall be
controlling.
C.
City Council makes the following legislative findings:
(1)
Public nuisances and conditions detrimental to the
public health, safety and welfare have been created by the keeping
of multiple animals on premises within the City;
(2)
The public nuisances and conditions detrimental to
the public health, safety and welfare include, but are not limited
to, accumulations of animal wastes, spread of infectious or contagious
diseases or the danger thereof, insect infestation, smell and noise;
(3)
Limiting the number of animals on premises within
the City will alleviate or, at a minimum, help alleviate these public
nuisances and conditions; and
(4)
The keeping of certain animals within the confines
of the City in and of itself poses a special threat to the public
health, safety and welfare of the City's residents, and should be
entirely prohibited.
D.
Of those animals not prohibited, limiting the number
of animals to not more than six and requiring the issuance of permits
for additional animals exceeding six will alleviate or, at a minimum,
help alleviate conditions which are deemed to be public nuisances.
Multiple fish kept in one contained area shall be considered to be
one animal.
The following definitions shall apply in the
interpretation and enforcement of this article:
Construed in a broad sense to include not only all mammals,
including but not limited to dogs, but also birds, fish, reptiles
and insects.
The Center for Animal Health and Welfare (formerly the Northampton
County SPCA).
Off the premises of the owner and not under the control of
the owner, a member of his immediate family, or another person authorized
to be in control of, either by leash, cord, chain or otherwise.
Both male and female dogs.
Any bird typically used for food or eggs, this includes,
but is not limited to, chickens, roosters, pigeons, turkeys, geese,
ducks and peacocks.
A form issued by an officer to a person who violates a provision
of this chapter. The health violation ticket is an offer by the City
of Easton extended to a person to settle a violation by paying the
fine in lieu of a citation being issued against the violator.
[Added 6-27-2018 by Ord.
No. 5646]
Any police officer, duly appointed Animal Control Officer,
Chief Health Administrator, and/or his designee.
[Amended 2-11-2009 by Ord. No. 5179]
Includes every person, firm or corporation having a right
of property in any animal which is kept or harbored within the City,
as well as every person, firm or corporation occupying any premises
within the City which permits an animal or animals to remain on or
about its premises.
Any individual, partnership, association, corporation, company,
firm, institution, trustee, estate, trust, any private entity or public
entity as well as all officers, agents, servants, employees or others
acting for any of the same, and shall be taken as applying in the
singular or plural as the case may require.
Any enclosure, area, or other containment where an animal
or animals are kept for the purpose of exhibition or education. This
definition excludes those events where no physical contact will occur
between the animals and the public, i.e., a procession or parade,
or events such as a domesticated dog or cat exhibition.
Any animal of a species prohibited by Title 50, Code of Federal
Regulations, or otherwise controlled by the Commonwealth of Pennsylvania.
It shall include any animal which is wild, fierce, dangerous, noxious
or naturally inclined to do harm.
[Added 6-27-2018 by Ord.
No. 5646]
Wild animals, however domesticated, shall also include but not
be limited to:
Dog family (Canidae): All except domesticated dogs; including
wolf, fox, coyote, dingo, etc.;
Cat Family (Felidae): All except commonly accepted domestic
cats; including lions, pumas, panthers, mountain lions, leopards,
jaguars, ocelots, margays, tigers, wild cats, etc.;
Bear (Ursidae): All bears, including grizzly bears, brown bears,
black bears, etc.;
Weasels (Mustelidae): All including weasels, martens, mink,
wolverines, ferrets, badgers, otters, ermine, mongoose, etc.;
Racoons (Procynidae): All raccoons and civets;
Primates (Hominidae): All sub-human primates;
Porcupine (Erethizonitdae): All porcupines, skunks;
Snakes: All venomous and constricting snakes; venomous lizards;
Crocodilians: All alligators, caimans, crocodiles, gavials,
etc.;
Venomous fish and piranha;
Venomous invertebrates.
With respect to animals not otherwise prohibited and except for species of fish, it shall be unlawful and it shall be deemed a public nuisance to keep more than six animals six months of age or older on any premises, regardless of the number of owners; provided, however, that this section shall not apply to any premises for which a kennel license has been obtained pursuant to the Dog Law (3 P.S. § 459-101 et seq.), as the same may from time to time be supplemented or amended, nor shall this section apply if a permit has been issued and is in effect pursuant to § 444-133 of this article.
A.
An application for a permit for the keeping of more
than six animals shall have attached thereto a registered veterinarian's
health certificate for all animals on the premises, including but
not limited to those covered by the permit, shall be verified by affidavit
and shall set forth the following:
(1)
The type and number of animals.
(2)
The purpose of keeping such animals.
(3)
The period of which the permit is requested.
(4)
A description of the quarters in which the animals
will be kept, including plans and specifications thereof, where appropriate,
and the facilities for sanitation and disposal of animal wastes.
(5)
The circumstances, if any, under which the animals
will be removed from their quarters.
(6)
Biographical information about the applicant and any
other person to be placed in charge of the animals, with particular
emphasis on the knowledge of such persons about the animals in question
and the experience of such persons in handling the animals in question
and earlier charges and/or citations for violation of statutes and/or
ordinances governing animals, and/or health and/or safety.
(7)
Such additional information as the Health Bureau may
require.
B.
In addition to such verified information, the Chief
Health Administrator shall consider all other relevant conditions
and may independently investigate and/or require the applicant to
submit additional information, in writing, verified by affidavit,
concerning but not limited to the following:
[Amended 2-11-2009 by Ord. No. 5179]
(1)
The odor emanating or likely to emanate from the premises
to persons and places off the premises.
(2)
The noise emanating or likely to emanate from the
premises to persons and places off the premises.
(3)
The attitudes of the applicant's neighbors to the
proposed permit.
(4)
The security with which the pets or creatures will
be restrained.
[Amended 2-11-2009 by Ord. No. 5179]
A.
The Chief Health Administrator shall have the power
to review or cause to be reviewed each application for a permit and
may either approve or reject such application or require modification
of the application. When the Chief Health Administrator has approved
the application, he/she shall issue the permit. The permit shall be
personal and not transferable and shall be issued for a calendar year
or part thereof. The Chief Health Administrator shall also have the
power to revoke the permit for cause.
B.
The Chief Health Administrator shall be responsible to determine whether any person is violating any provisions of this article. In making such determinations as to whether to approve or reject an application for a permit or an application for renewal of a permit, the Chief Health Administrator shall consider whether any one or more of the following approved standards are not complied with. The failure of the applicant to comply with or satisfy any one or more of the requirements of § 444-133 or to satisfy any one or more of the following approved standards shall constitute grounds for denial of the application as a public nuisance:
(1)
All animals and animal quarters shall be kept in a
clean and sanitary condition. Adequate ventilation shall be maintained.
(2)
The permittee shall use every reasonable precaution
to assure that the animals are not teased, abused, mistreated, annoyed,
tormented or in any manner made to suffer by any means.
(3)
Animals which are enemies by nature or are temperamentally
unsuited shall not be quartered together or so near each other as
to cause the animals fear or to be abused, tormented or annoyed.
(4)
The permittee shall maintain the premises so as to
eliminate offensive odors or excessive noise.
(5)
The permittee shall not permit any condition causing
disturbance of the peace and quiet of his/her neighbors.
(6)
Animals must be maintained in quarters so constructed
as to prevent their escape. The permittee assumes full responsibility
for recapturing any animal that escapes from his/her premises. The
permittee shall make adequate provisions and safeguards to protect
the public from the animals.
(7)
Every person shall conform to all present and future
laws of the Commonwealth of Pennsylvania and the United States of
America, the articles of the City of Easton and the rules and regulations
that may accompany this article in any way connected with animals,
specifically including anticruelty laws.
(8)
Any and all animals must be kept healthy and free
from sickness and disease at all times. Should the Chief Health Administrator
question the health of any animals, he/she shall have the authority
to require an examination by a doctor of veterinary medicine, such
examination to be at the expense of the owner.
(9)
The permittee shall be responsible and liable for
the actions of all persons employed by or otherwise associated with
him/her as such actions relate to the permittee's obligation to comply
with this article.
(10)
Every owner and occupant of a structure or property
shall be responsible for the extermination of insects, rodents, vermin
or other pests in all areas of the premises.
C.
If the conditions presented by the application for
a permit or for renewal of a permit constitute an actual or potential
public nuisance and/or a hazard and/or a danger to the public health,
safety and welfare, the application for a permit or for renewal of
a permit shall be denied.
D.
The Animal Control Officer, Chief Health Administrator,
and/or his designee, and/or police officers of the City of Easton
are authorized hereby to enter upon any premises with the City for
the purpose of investigating a possible violation of this article.
If access is denied by the property owner, the Animal Control Officer,
Chief Health Administrator and/or police officers are authorized to
submit an application for a search warrant to the appropriate judicial
authority.
A.
When not confined to the owner's premises, all dogs
must be under the physical control of their owner or custodian and
physically restrained by a leash or other restraining device at all
times.
B.
No person owning, harboring, keeping or in charge
of any animal shall cause, suffer or allow such animal to defecate
on any sidewalk, play area, park or any place where people congregate
or walk or on any public property whatsoever or on any private property
without the permission of the owner of said property. The restriction
in this section shall not apply to that portion of the street lying
between the curblines in any common thoroughfare, passageway or bypath,
which shall be used to curb such animal under the following conditions:
(1)
The person who so curbs such animal shall immediately
remove all feces deposited by such animal by any sanitary and reasonable
manner.
(2)
The feces removed from the aforementioned designated
area shall be disposed of in a sanitary manner by the person owning,
harboring, keeping or in charge of any animal curbed in accordance
with the provisions hereof.
C.
If any person is in possession or ownership of more
than six animals six months of age or older on any premises, and either
fails to obtain a permit for the same as required by the article,
or if an application for the permit is made, but the application for
such permit is denied, then in either such event a public nuisance
shall be deemed to exist on such premises, and such person shall be
deemed to be in violation of this article. In such event, the City
shall order the possessor or owner to remove that number of animals
exceeding six to a location outside of the City of Easton, at the
owner's sole expense, and the possessor or owner shall provide the
City with written certification of compliance with said order.
[Amended 6-27-2018 by Ord. No. 5646]
No person shall keep or maintain any cattle, sheep, swine, goats, llamas/alpacas, horses, fowl, pot belly pigs, mules, asses, or exotic animals within the City, except on properties approved for farming previous to the date of this article amendment and that meet all requirements for farming as outlined in Chapter 595, the City of Easton Zoning Ordinance, and at such other places where animals are kept for slaughtering or for laboratory purposes which have been approved by the Bureau of Health.
Rabbits and guinea pigs shall not be allowed
to run at large but shall be confined in a suitable building or coop
with an enclosed and covered runway.
A building or coop in which animals are kept
must be kept thoroughly clean at all times and shall be cleaned at
least once every week and more often if the Bureau of Health so requires.
All refuse or anything foul or obnoxious must be removed at least
twice a week, and all coops, pens or stables must be thoroughly disinfected
at least once every seek and more often if the Bureau of Health so
requires.
No part of a building, coop or runway in which
animals are kept shall be less than 30 feet from the doors or windows
of any building occupied by human beings, whether for dwelling or
business purposes. In addition, no animals shall be kept less than
100 yards from any outside temporary food stands.
A.
Any animal exhibitor who will be operating a petting
zoo at any event within the City must notify, in writing, the Bureau
of Health no less than five days before the event. This written notification
must consist of the date, time, and location of the petting zoo; the
number and species of animals that will be present; proof of insurance
and proof of a USDA license, where applicable.
B.
In addition, the petting zoo must comply with the
following requirements:
(1)
A minimum of two hand-washing stations must be visible,
easily accessible and operating at all times the zoo is open to the
public.
(2)
A fence barrier must be constructed so as to prevent
the public's direct contact with the animals. This barrier must be
sanitized three times daily (prior to opening, midway through the
event, and upon closing). The operator may be required to sanitize
the fence barrier more often when determined to be necessary by the
Health Bureau.
(3)
The operator of the petting zoo must have appropriate
informational and educational materials available to the public. Such
materials shall inform the participants of the petting zoo of the
dangers associated with lack of hand washing after contact with animals.
This information should consist of, at a minimum, signs and brochures.
(4)
Animal containment areas must be covered with straw
or an approved equally absorbent material. The area must be completely
raked and sanitized nightly. The operator may be required to rake
and sanitize the containment area more often when determined to be
necessary by the Health Bureau.
No person shall own, keep or harbor within the
City any dog three months or older, unless such dog is licensed by
Northampton County, and unless such dog wears a collar and license
tag. This provision is not intended to apply to dogs whose owners
are nonresidents, temporarily within the City, to dogs brought into
the City for breeding, trial or show purposes, or to any Seeing Eye
dog properly trained to assist visually impaired persons when such
dog is actually used by a visually impaired person for the purpose
of aiding him/her in going from place to place, working assist dogs
or police canines.
[Amended 2-11-2009 by Ord. No. 5179]
The applicant for any permit hereunder shall,
at the time of his/her application, pay to the City of Easton the
following fees:
In addition, the Officer may institute, in the
name of the City of Easton, any appropriate action or proceeding,
whether by legal process or otherwise, to restrain, correct or abate
a continuing violation of any provision of this article or any rules
and regulations made pursuant hereto.
A.
Running at large prohibited. No person owning or having
in his custody any dog shall permit the dog to go at large to the
injury or annoyance of others, nor shall any dog be permitted at large
upon the streets or other public ways of the City. Such action is
declared to be a public nuisance and dangerous to the public health
and safety.
B.
Impounding of dogs found running at large. It shall
be the duty of the Animal Control Agent and every police officer of
the City to seize and detain any dog, licensed or unlicensed, found
running at large, either upon the public streets or highways of the
City or on the property of any other person, and unaccompanied by
an owner or keeper when such Animal Control Agent or Police Officer
is in immediate pursuit of such dog. Upon apprehension of the animal,
it shall be taken to the Center for Animal Health and Welfare.
A.
Any person interfering with the Officer in the enforcement
of the article shall be guilty of a violation of this article.
