[Adopted 8-6-2018 by Ord.
No. 2-18]
The following words and phrases, when used in this article shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
A dog, cat or other domesticated companion animal (pet).
Agent(s) designated by the City of New Kensington to enforce
this article.
Off the premises of the owner and not under the control of
the owner or a member of his immediate family or guardian, either
by leash, cord, chain or otherwise.
Domestic feline, Felis domesticus.
Domestic canine, Canis familiaris.
An extremely high temperature, inside or outside of a motor
vehicle, that could endanger an animal's health or well-being.
To provide food and shelter for any dog, cat, or domesticated
animal on a periodic or temporary basis.
To apprehend, catch, trap, net or if necessary to kill any
animal by the Animal Control Officer or the Police Department.
A person having right of property or custody of any animal;
and/or one who has an animal in his care or custody; or who knowingly
permits an animal to remain on or about any premises occupied by said
person.
Any individual, firm, corporation, partnership, association,
trust, estate, or other legal entity.
A motor vehicle that is out of the owner's or the operator's
sight.
A.
No person shall keep, harbor, or maintain a dog over the age of six
months unless the owner obtains a license from the Westmoreland County
Treasurer or his or her authorized agent.
B.
No person shall keep, harbor or maintain a dog or cat unless the
owner identifies the animal with an identification collar or tag that
clearly and legibly states the animal owner's name, address,
and telephone number.
A.
All dogs and cats over six months of age shall be vaccinated against
rabies in accordance with the latest Compendium of Animal Rabies Vaccines
and Recommendations for immunizations, published by the National Association
of State and Public Health Veterinarians.
B.
Proof of rabies vaccination must be presented, on demand, to the
Animal Control Officer or an Officer of the Police Department upon
demand.
C.
The owner of a dog or cat shall keep all premises occupied or used
by the animals in a clean and sanitary condition. Failure to provide
adequate food, water, or space shall subject to the animals to seizure
by the Animal Control Officer or the Police Department. ("Adequate"
shall mean sufficient for the age, size and number of animals on premises.)
D.
No person shall be cruel or inhumane to a dog or cat. Said cruelty
and inhumanity shall consist of teasing, beating, torturing, mutilating,
poisoning, cruelly killing or clearly failing to provide food, water
or shelter for an animal or abandoning any animal of which that person
has charge as owner/guardian or otherwise.
E.
Any person operating a motor vehicle which strikes and injures or
kills a dog or cat shall stop and promptly report the incident to
the Police Department. The operator of such motor vehicle shall report
to the police his or her name, address, telephone number, insurance
carrier and policy number and license number.
A.
No person as owner or guardian of a dog or cat shall permit the animal
to run at large beyond the boundaries of the private premises of the
owner or guardian. The Animal Control Officer and/or the Police Department
shall seize and detain any animal running at large and unaccompanied
by the owner or guardian.
B.
No dog shall be permitted upon the public streets or upon public
property unless restrained by a leash not to exceed six feet in length
and accompanied by an adult or minor capable of controlling said animal.
C.
No dog or cat shall be tied near a public building or other public
facility which would intimidate person(s) from approaching or passing
such areas.
D.
No dog or cat shall be maintained, harbored or permitted entry into
a place of business which stores and/or sells goods for human consumption.
Exception shall be made for guide dogs, hearing dogs, aid dogs for
the handicapped and dogs used by municipal and state police departments.
E.
No dog or cat shall be permitted to bite, chase, leap at or jump
upon or otherwise harass bicyclists, motor vehicles and/or pedestrians
passing through a public right-of-way.
F.
No dog or cat shall be permitted to engage in habitual and continuous
loud howling, barking or crying or otherwise conduct itself in such
a manner as to annoy any person other than the animal owner, regardless
of whether or not the dog is on the owner's premises. ("Habitual
and continuous" shall be defined as more than 15 minutes at any one
time.) The Animal Control Officer and/or the Police Department shall
request that the owner or guardian of any animal engaged in habitual
and continuous nuisance noisemaking to immediately quiet the animal
and/or move it indoors.
G.
No dog or cat shall be permitted to urinate or defecate on public
or private property other than that property owned by the animal's
owner or guardian. If such animal should defecate upon the private
property of another or public property, the owner or guardian of said
animal shall be responsible for the immediate cleanup and proper disposal
of the feces.
H.
No dog or cat shall be permitted to damage, deface, or destroy any
property or article not belonging to the animal's owner. Any
injuries, expenses and/or damages caused by said animal which are
not due to the contributory negligence of another person shall be
the sole responsibility of the animal's owner.
A.
The Animal Control Officer and/or the Police shall have the power
to seize and impound any dog or cat found to be running at large or
of a health risk to itself, other animals or the general public.
B.
The Animal Control Officer and/or the Police shall have the power
to immediately destroy any animal where proper complaint or other
evidence has verified the fact that said animal is mad or suffering
from rabies.
C.
After the impounding of any animal, if the animal is licensed and/or
properly identified, the owner shall be notified and given a period
of 10 days to redeem said animal upon payment of all costs, charges
and penalties incurred and assessed by the Animal Control Officer.
D.
After the impounding of any animal, licensed or unlicensed, identified
or unidentified, if said animal is not redeemed within 10 days, said
animal may be made available for public or private sale or euthanized
in some humane manner.
B.
Whoever violates any one or more of the provisions of § 65-20 of this article shall be fined $25 up to $300, plus costs, for a first offense and $50 up to $300, plus costs, for a second offense.
C.
Whoever violates any one or more of the provisions of § 65-21 of this article shall be fined $50 up to $300, plus costs, for a first offense and $75 up to $300 for a second offense.
D.
Whoever violates any one or more of the provisions of § 65-22 shall first be issued a letter of warning by the Animal Control Officer, a fine of § 50 up to $300, plus costs, shall be imposed for a second offense, and a fine of $75 up to $300, plus costs, shall be imposed for a third offense.
E.
Fines and penalties for subsequent offenses of any of the provisions
of this article shall be determined and assessed in accordance with
the laws of the Commonwealth of Pennsylvania by the Animal Control
Officer or an officer of the Police Department.
A.
The provisions of this article shall be severable, and, if any of
its provisions shall be held to be unconstitutional or superseded
by the laws of the County of Westmoreland or the Commonwealth of Pennsylvania,
such determination shall repeal those provisions, however not affect
or impair any of the remaining provisions of this article.
B.
All ordinances or parts of ordinances inconsistent with the provisions
contained herein are hereby repealed.
