[HISTORY: Adopted by the Borough Council
of the Borough of North Wales 6-13-2017 by Ord. No. 806.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 145.
[1]
Editor's Note: This ordinance repealed former Ch. 90, Animals,
comprised of Art. I, Dogs, adopted 9-21-1978 by Ord. No. 534, as amended.
The purpose of this chapter is to prohibit and to regulate the
maintenance, keeping and possession of animals within the Borough
in order to promote the health, safety and general welfare of its
inhabitants.
For the purpose of this chapter, 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 North Wales.
The Borough Council of the Borough of North Wales.
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.
Any homeless, wild, or untamed cat.
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,
such as a barking dog disturbing the peace and quiet of the surrounding
neighbors between the hours of 10:00 p.m. to 7:00 a.m., or harms lawful
users or occupants thereof.
Any person having a right of property in, having custody
of or who harbors 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 arrest or to enforce any law, including auxiliary
policemen.
Being upon any public highway, street, alley, park, 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 North Wales 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.
A.
No person shall allow any animal owned by him or under his control
to defecate on any school grounds, Borough parks, other public properties,
sidewalks, walkways, or the property of another without immediately
cleaning it up.
B.
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 (See § 90-10 regarding stray cats) 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 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 officer 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.
D.
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 of the Borough is hereby authorized to seize and detain any animal running at large in violation of § 90-5 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 email, 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 email, 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 § 90-6, such animal has not been claimed, the police officer or law enforcement officer shall 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 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.
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 the 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 shall be unlawful for any person to feed feral cats unless
said person cooperates with a humane program sponsored by the Borough
and adheres to the strict guidelines set forth by Borough. When dealing
with feral cats:
A.
It is unlawful for any person or organization to intentionally provide
food, water, shelter, or other forms of sustenance or care to a feral
cat colony or colonies on public or private land unless the person
or organization has registered the colony or colonies with the Animal
Control Officer and therefore must adhere to the following requirements:
(1)
All adult cats that can be captured must be spayed or neutered;
(2)
All cats that can be captured must be vaccinated against rabies,
preferably with a three-year vaccine;
(3)
Make every attempt to remove kittens from the colony as early as
appropriate for their well-being before eight weeks of age for domestication
and placement;
(4)
Make every attempt to remove sick or injured cats from the colony
for veterinary care or humane euthanasia;
(5)
Assure responsibility and arrangements for feeding the cat colony
or colonies regularly throughout the year;
(6)
Make every attempt to ear tip all cats with a single cut preferably
on the left ear; and
(7)
Maintain proof of sterilization, vaccination, and other medical records
for all cats in the colony or colonies. These records must be provided
to the Animal Control Officer upon request.
B.
Any person or caregiver determined to be in violation of Subsection A(1) through (7) above shall be issued a warning and be allowed a period of time in the discretion of the Animal Control Officer of no longer than 30 days to come in to compliance, or to provide satisfactory evidence of working to achieve compliance. Failure to fully comply shall constitute a violation of this chapter, which may result in the issuance of a citation.
C.
The Borough has the right to seize/remove the colony or colonies
on public or private property if the above requirements are not met
and/or conditions of the colony or colonies pose a risk to public
health and safety.
D.
It shall be unlawful for any person or organization to destroy any
traps or release any cats which have been captured pursuant to any
humane efforts on behalf of the Borough.
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.
E.
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.
Any person, organization, firm or corporation who shall violate
any provision of this chapter, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not less
than $100 and not more than $500, plus costs, and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. A separate offense shall be deemed committed on each day or
part of each day during which a violation occurs or continues. Each
day that a violation of this chapter continues or each section of
this chapter which shall be found to have been violated shall constitute
a separate offense.
The following restrictions are placed on the keeping and maintaining
of chickens and ducks:
A.
It shall be unlawful for any person to permit or allow any chicken
or duck to run at large within Borough limits;
B.
Chickens and ducks are only permitted in residential zoning districts
when the property is utilized for residential purposes and the lot
size is greater than 5,000 square feet;
C.
No more than four birds shall be kept on a property less than one
acre;
D.
No more than six birds shall be kept on a property greater than one
acre;
E.
All birds shall be provided with a shelter having a roof and at least
three enclosed sides and shall be contained within a fenced area.
A building permit shall be required for the shelter;
F.
Shelters shall have minimal dimensions of four square feet per bird;
G.
All shelters must be located at least five feet from any property
line and 10 feet from any dwelling;
H.
No shelter shall be located closer to an adjacent property dwelling
than the dwelling of the owner of the shelter;
I.
Fenced areas surrounding shelters must contain at least 10 square
feet per bird;
J.
Shelters and fenced areas surrounding shelters shall only be located
in the rear yard or side yard of a property;
K.
In the case of keeping chickens, no male birds (roosters) may be
kept. All birds shall be females (hens);
L.
Public slaughtering is prohibited;
M.
Commercial slaughtering is prohibited;
N.
The sale of chickens or ducks for commercial purposes is prohibited;
O.
It shall be a nuisance for chickens or ducks to be kept and maintained
in a manner which produces noise, odor, attracts flies or rodents,
or is considered a concern to public health.
P.
Any tenant must have written permission from his or her landlord
to keep and maintain chickens and ducks.
The provisions of this chapter, as far as they are the same
as those of ordinances in force immediately prior to the enactment
of this chapter, are intended as a continuation of such ordinances
and not as new enactments. The provisions of this chapter shall not
affect any such suit or prosecuting pending or to be instituted to
enforce any right or penalty or to punish any offense under the authority
of any ordinance repealed by this chapter.
