[HISTORY: Adopted by the Borough Council of the Borough of Pine Grove as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-22-1981 by Ord. No. 264; amended 6-9-2011 by Ord. No. 417]
This article shall be known as and may be cited as the "Pine Grove Pet/Animal Control Ordinance."
The intent of the article is to exercise the authority granted by the General Assembly of the Commonwealth of Pennsylvania Act of Act of April 18, 2014, P.L. 432, No. 37, as amended (the Borough Code, 8 Pa.C.S.A. § 101 et seq.); General Assembly of the Commonwealth of Pennsylvania Act of December 7, 1982, P.L. 784, as amended, 3 P.S. §§ 459-101 through 459-1205, and statutes at 3 P.S. §§ 459-502-A through 459-507-A, collectively and commonly known as the Dangerous Dog Statute, as amended; July 11, 1996, P.L. 561, No. 100 (3 Pa.C.S.A. § 2323); and Act of July 11, 1996, P.L. 561, No. 100 (3 Pa.C.S.A. § 2329); amended under Section 40 of the Act of July 11, 1996, P.L. 561, No. 100 (3 Pa.C.S.A. § 2325); Section 1702 of the Administrative Code of 1929 (71 P.S. § 442); and the Domestic Animal Law, 3 Pa.C.S.A. § 2301 et seq., as amended; Rabies Prevention and Control in Domestic Animals and Wildlife Act (3 P.S. §§ 455.1 et seq.); Act of July 11, 1996, P.L. 561, No. 100 (3 Pa.C.S.A. §§ 2303, 2323, 2329, 2351 et seq.); and other effective Borough Ordinances, as amended (collectively "Animal Laws").
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Borough hereby finds, determines, and declares that this article is necessary for the immediate preservation of the public health, safety, and welfare of the citizens and animals residing within the Borough and to provide for the uniform regulation of pets/animals within the Borough of Pine Grove.
This article shall apply uniformly to all persons, to all owners of pets/animals, and to pets/animals as hereinafter defined within the Borough of Pine Grove, and shall be binding upon the officials of the Borough of Pine Grove as specified hereinafter.
Unless specifically defined, words or phrases used herein shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application consistent with the intent and applicability herein expressed.
The word "shall" is always mandatory and not merely directory.
Words used in the present tense include the future and past, words in the plural number include the singular, words in the singular number include words in the plural, and words either in the feminine, masculine, or neuter shall include words of the other two genders; except where the context dictates that only the stated tense, number or gender should apply.
Throughout this article, the following words and phrases shall have the specific definitions provided:
- AT LARGE
- A dog or cat or other pet/animal shall be deemed to be at large when off the property of the owner and not under restraint.
- The Borough of Pine Grove, County of Schuylkill in the Commonwealth of Pennsylvania.
- BOROUGH COUNCIL or COUNCIL
- The Borough of Pine Grove, County of Schuylkill in the Commonwealth of Pennsylvania, a Pennsylvania municipal corporation, acting by and through its Council, the Mayor, the Police Department, or, in appropriate cases, a committee of said Council, a commission created by said Council, or its authorized agents, representatives, officers, officials, or employees.
- DANGEROUS DOG OR CAT
- A dog or cat that without justification attacks a person or domestic animal causing physical injury or death.
- HUMANE MANNER
- Care of an animal to include, but not be limited to, adequate heat, ventilation and sanitary shelter, wholesome food and water, consistent with the normal requirements and feeding habits of the animal's size, species, and breed.
- An establishment kept for the purpose of breeding, selling, or boarding dogs or cats or engaged in training dogs or cats.
- LICENSING AUTHORITY
- The agency or department of the Borough or Schuylkill County or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this article.
- Rendered permanently incapable of reproduction.
- A dog or cat or other pet/animal shall be considered a nuisance if it: damages, soils, defiles, or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary, "dangerous" or offensive conditions; causes a disturbance by excessive barking or other noise making; or chases vehicles, or molests, attacks, or interferes with persons or other domestic animals on public property.
- A person having the right of property or custody of a dog or cat or other pet/animal or who keeps or harbors a dog or cat or other pet/animal or knowingly permits a dog or cat or other pet/animal to remain on or about any premises occupied by that person and/or any person having an animal under domestication in his care, in his custody, or allowing same to remain on his premises; or any person vested with ownership, legal or equitable, sole or partial, of any animal, including specifically the person holding title.
- Any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.
- A nonhuman animal kept for reasons including, but not limited to, care, amusement, companionship, security, commercial and/or resale.
- PETS/ANIMALS CONTROL AUTHORITY
- The person or persons designated by the Borough to enforce this article.
- PETS/ANIMALS ESTABLISHMENT
- Any pet shop, grooming shop, animal auction, performing animal exhibition, kennel or animal shelter, except this term shall not include veterinary medical facilities, licensed research facilities, facilities operated by government agencies, or licensed animal dealers regulated by the USDA under the provisions of United States Public Laws 89-544, 91-579, 94-279, 99-198, and 101-624.
- PETS/ANIMALS SHELTER
- Facility designated or recognized by the Borough of Pine Grove and Commonwealth of Pennsylvania for the purpose of impounding and caring for pets/animals.
- PET/ANIMAL SHOP
- An establishment engaged in the business of buying or selling, at retail, dogs or cats or other pets/animals for profit-making purposes.
- A dog or cat or other pet/animal shall be considered under restraint if it is within the real property limits of its owner or secured by a leash or lead or under the control of a responsible person.
The provisions of Borough Code and the Animal Laws, as aforementioned and any other related and applicable Laws of the Commonwealth of Pennsylvania, including any amendments thereto, shall apply within the Borough of Pine Grove; except, the specific provisions of this article shall be read to clarify those provisions. All provisions herein are to be construed, whenever possible, to be consistent with the provision of the Laws of the Commonwealth of Pennsylvania; and all provisions herein shall be construed as clarified and augmented by applicable provisions of said Laws. Notwithstanding anything herein provided, the provisions of all the Borough Ordinances shall apply, except such ordinances are herein or hereafter specifically amended or repealed.
Licensing. Dogs within the Borough must be registered with Schuylkill County Treasurer's Office. Application for a license must be made within 30 days after obtaining a dog over three months of age, except that this requirement will not apply to a nonresident keeping a dog within the Borough for no longer than 60 days.
All dogs and cats shall be vaccinated against rabies by a licensed veterinarian, in accordance with the latest "Compendium of Animal Rabies Prevention and Control" authored by the National Association of State Public Health Veterinarians and published annually in the Journal of the American Veterinary Medical Association.
A certificate of vaccination shall be issued to the owner of each pet/animal vaccinated on a form recommended by the Compendium. Each owner shall also receive a durable vaccination tag indicating the year in which it was issued.
No person shall own, keep, or harbor any dog over four months of age within the Borough unless such dog is vaccinated and licensed. No person shall own, keep, or harbor any cat over four months of age within the Borough unless such cat is vaccinated.
No person shall operate a pet/animal establishment, pet/animal grooming establishment or pet/animal store within the Borough without first obtaining a permit through the Borough Health Officer at a fee established by Borough Council and set forth on the Borough fee schedule, which amount may be amended from time to time by Borough Council Resolution.
The permit period shall begin with the first day of the fiscal year and shall run for one year. Renewal applications for permits may be made within 60 days prior to the expiration date. Application for a permit to establish a new breeding pet/animal establishment under the provisions of this article may be made at any time.
Any pet/animal establishment or kennel authorized to house fewer than six dogs or cats shall obtain an annual permit for an amount set forth on the Borough of Pine Grove Fee Schedule as may be amended from time to time by resolution of Council. There shall be no kennel authorized within the Borough that would house more than six dogs or cats.
Any pet/animal grooming establishment shall obtain an annual permit for a an amount set forth on the Borough of Pine Grove Fee Schedule as may be amended from time to time by resolution of Council.
Any pet/animal shop or store that sells any type of pet/animal shall obtain an annual permit for an amount set forth on the Pine Grove Borough Fee Schedule as may be amended from time to time by resolution of Council.
No person shall own, keep, or harbor any pets/animals within the Borough that are required to be permitted under Pennsylvania regulations of the Department of Agriculture regarding non-indigenous species or required to be permitted under Pennsylvania regulations of the Pennsylvania Fish and Boat Commission until person properly obtains the required permit from the appropriate entity identified herein, as may be amended from time to time through the state. Ownership permits obtained under conditions in § 67-7A(2) shall be registered with the Borough upon receipt, at no additional fee, and shall be registered upon renewal thereof.
A permit for breeding or sale of pets/animals must be obtained through the County Courthouse and shall be registered with the Borough upon receipt at no additional fee. However, all other conditions of this article shall remain in full force and effect regarding dog and cat breeding.
Under the provisions of this article, no permit fee shall be required to the Borough of any properly licensed animal shelter. All other provisions shall apply.
Failure to comply with the provisions of this article are subject to a fine of no less than $25 or an amount set forth on the Pine Grove Borough Fee Schedule as may be amended from time to time by resolution of Council and immediate compliance.
Continued noncompliance with this article will result in additional fines to be issued no sooner than 30 days from the date of the previous fine and will continue to accrue thereafter every 30 days until owner has complied.
The Borough may revoke any permit issued under § 67-7A if the person holding the permit refuses or fails to comply with this article, the regulations promulgated by the Borough or any other law governing the protection and keeping of animals.
If an applicant is shown to have withheld or falsified any material information on the application under § 67-7A , the Borough may refuse to issue or may revoke a permit.
It shall be a condition of issuance of any permit for a pet/animal establishment that the Borough shall be permitted to inspect any and all animals and the premises where such animals are kept at any reasonable time during normal business hours. Where a permit is revoked for any cause, the Borough shall have power of entry on the premises and into all areas where animals are being kept. A person denied a permit may not reapply for a period of at least 30 days. Each reapplication shall disclose any previous denial or revocation and shall be accompanied by an amount set forth on the Borough of Pine Grove Fee Schedule as may be amended from time to time by resolution of Council.
All dogs and cats and other pets/animals shall be kept under restraint within the Borough as defined herein.
Every "dangerous" dog or cat, as determined by the Borough, shall be confined by its owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.
No dog or cat or other pet/animal shall be allowed to cause a nuisance, to include as previously stated herein, if the pet/animal damages, soils, defiles, or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner. The owner of every dog or cat other pet/animal shall be held responsible for every behavior of such dog or cat or other pet/animal under the provisions of this article.
It shall be unlawful for any owner or keeper of any dog or cat to allow feces to accumulate on private property, owned or controlled by the owner or keeper, to a level which is detrimental to the health, safety or welfare of persons or property, as determined by the Mayor, or the Police Department under his control, the Health Officer, or any other designated Borough Official conducting the investigation of the property. The owner of any property where dog or cat feces has been allowed to accumulate to a level which is detrimental to the health, safety or welfare of persons or property will be ordered to remove and dispose of the accumulation of feces in a sanitary manner within a period of five days. Notice to the property owner will be provided, in writing, to the dog owner or keeper by personal service; by certified mail, return receipt requested; or via overnight courier sent to the owner. If the dog owner is not available, notice may be given by posting the owner's property at a conspicuous place. Each five-day period after service or posting of notice that the property remains in a condition that is detrimental to the health, safety or welfare of persons or property shall constitute a separate offense. The accumulation of dog feces upon private property is declared to be a public nuisance.
Failure to comply with the provisions of this article shall be subject to a fine of no less than $25 nor more than $300 plus costs of prosecution for each offense. In addition to the penalties and procedures provided above, the Borough is also authorized to institute proceedings in courts of equity to abate nuisances or to protect the health, safety and welfare of the citizens of the Borough.
Any dog or cat or other pet/animal found running at large shall be impounded by the Borough in an animal shelter and confined in a humane manner. Pets/animals must be claimed by their owners within a time and under the conditions of the shelter.
When a pet/animal is found running at large and its ownership is verified by the Borough, the authority may exercise the option of serving the owner with a notice of violation in lieu of impounding the pet/animal.
In the event that the Borough finds a pet/animal to be suffering, it shall have the right forthwith to remove or cause to have removed any such pets/animals to a safe place for care at the owner's expense. Return to the owner may be withheld until the owner shall have made full payment for all expenses so incurred.
Disposal of a pet/animal by any method specified herein does not relieve the owner of liability for violations and any accrued charges.
Any pet/animal impounded may be redeemed by the owner thereof at the shelter housing the pet/animal for fees established by the shelter, at its sole discretion. An additional impoundment fee of $20 or an amount set forth on the Borough of Pine Grove Fee Schedule as may be amended from time to time by resolution of Council will be paid to the Borough for time and manpower utilized in the pet/animal impounding process. Payment of impoundment fees is not considered to be in lieu of any fine, penalty, or license fees permitted hereunder.
No pet/animal required to be licensed or vaccinated under this article may be redeemed until provisions for such licensing have been fulfilled.
Livestock. No animals typically referred to as livestock, including bovine animal (meaning any cow, ox or other animal of, related to, or resembling the ox or cow), equine animal (meaning any horse or member of the horse family Equidae, including mules, ponies, and donkeys), hog, pig, swine, sheep, goat, and also including poultry and pigeons shall be permitted within the Borough. Any violation of this section shall result in a fine of $100 or an amount set forth on the Pine Grove Borough Fee Schedule as may be amended from time to time by resolution of Council, and impoundment of the pet/animal under the conditions as set forth within this article.
Exotic wildlife. No person may keep exotic wildlife within the Borough. Exotic wildlife includes, but is not limited to, all bears, coyotes, lions, tigers, leopards, ocelots, jaguars, cheetahs, margay, mountain lion, lynx, bobcat, cougars, wolves, hyena and any crossbreed of these animals, which have similar characteristics in appearance or features (34 Pa.C.S.A. §§ 2961 and 2963 and 58 Pa. Code § 137.1). Any violation of this section shall result in a fine of $100 or an amount set forth on the Borough of Pine Grove Fee Schedule as may be amended from time to time by resolution of Council, and impoundment of the pet/animal under the conditions as set forth within this article, and any other fines or fees or conditions that may be imposed by the Commonwealth of Pennsylvania.
Poisonous life-threatening pets/animals. No person may keep poisonous life-threatening pets/animals within the Borough. Poisonous life-threatening pets/animals include, but are not limited to, any poisonous life-threatening reptile, any poisonous life-threatening amphibian, or any other poisonous life-threatening species. Examples include, but are not limited to, the box jellyfish, king cobra, marbled cone snail, blue-ringed octopus, deathstalker scorpion, stonefish, Brazilian wandering spider, inland tapian, poison dart frog, golden dart frog, rattlesnake, copperhead snake and puffer fish. Any violation of this section shall result in a fine of $100 or an amount set forth on the Pine Grove Borough Fee Schedule as may be amended from time to time by resolution of Council, and impoundment of the pet/animal under the conditions as set forth within this article, and any other fines or fees or conditions that may be imposed by the Commonwealth of Pennsylvania.
Enforcement. The Mayor, through the Borough Police Department under his control, and in cooperation with the Health Officer, Permit Officer, Dog Registrar, Animal Enforcement Officer and any other Borough appointed or designated official, shall enforce the provisions of this article, including, specifically, the provision of the Laws of the Commonwealth of Pennsylvania set forth in this article.
In default of payment of any fine provided for in this article and when a fine includes a second or subsequent violation within one year of any previous such conviction, such person shall be liable for an additional fine of the greater of $100 or 25% of the sum of the prior unpaid fines, or both, or an amount set forth on the Pine Grove Borough Fee Schedule as may be amended from time to time by resolution of Council.
In addition to the assessment and fines provided for in this article, a person convicted hereunder shall pay all costs of prosecution.
In addition to the assessments, fines and costs all other actions are hereby reserved, including in equity for the proper enforcement of this article.
The imposition of a fine or other penalty for any violation of, or noncompliance with, provision of this article shall not excuse the violation or noncompliance or permit to continue; and all persons shall be required to correct or remedy such violation or noncompliance.
The assessments, fines, penalties, and other actions provided for in this article shall be cumulative and resorting to any one remedy shall not preclude the Borough from pursuing other remedies provided for herein or by applicable Laws of this Commonwealth.
Repealer. All prior ordinances, or parts of ordinances, expressly inconsistent herewith, or dealing with the same or similar subject matter of this article, are expressly repealed. Specifically repealed, effective on even date with the effective date of this article, are all provisions, sections, sentences, clauses and parts of Ordinance Nos. 1 (1885), 3, 9(1912), 11, 264, and 328.
In the event any provision, section, sentence, clause, or part of this article shall be held to be invalid, such invalidity shall not effect or impair any remaining provision, section, sentence, clause or part of this article, it being the intent of the Borough Council that such remainder shall be and shall remain in full force and effect and for this purpose the provisions of this article are hereby declared to be severable.
In the event any Legislation by the Commonwealth of Pennsylvania or by the United States or any regulation promulgated by a duly authorized agency of the Commonwealth or the federal government shall be or become effective dealing with the same or similar subject matter as that included in any provision, section, sentence, clause or part of this article, such shall remain in full force and effect if it is more restrictive, and not inconsistent, with such legislation or regulation, the more restrictive provision, section, sentence, clause or part of this article shall be interpreted according to such legislation or regulation and not superseded by it. However, all the remaining parts of this article shall be and shall remain in full force and effect and for this purpose the provisions of this article are declared to be severable, and, also consist herewith. The provisions of this article may be superseded and automatically amended by any more restrictive state or federal legislation or any regulations promulgated by a duly authorized state or federal agency.
Effective date. This article shall become fully effective and applicable on the 15th day after enactment by the Pine Grove Borough Council.
Warning and disclaimer of liability. The degree of protection sought by the provisions of this article is considered reasonable for regulatory purposes.
[Adopted 12-17-1998 by Ord. No. 342]
As used in this article, migratory water fowl shall include those species of birds, not otherwise defined as domesticated animals in any regulation promulgated by the Commonwealth of Pennsylvania or the United States Fish and Wildlife Commission of the Department of the Interior, commonly known as swans, geese, brants, river and sea ducks, and any other water fowl following under the jurisdiction of the Pennsylvania Game Commission or otherwise defined by the Pennsylvania Game Commission of the United States Fish and Wildlife Commission of the Department of the Interior as migratory water fowl.
It shall be unlawful for any person to:
Feed any migratory water fowl.
Create any condition, or allow any condition to exist, which results in a congregation or congestion of migratory water fowl which:
Results in accumulation of water fowl feces or droppings; or
Results in damage to flora, fauna or private or public property; or
Results in a threat or nuisance to the public health, safety or welfare; or
Results in a threat to the health, safety or welfare of said migratory water fowl.
The Health Officer or Pine Grove Borough Police shall have all powers necessary, upon application by a citizen, or at their own discretion, to disperse or remove any congregation or congestion of migratory water fowl by any lawful means.
Before taking any steps to remove or disperse any congestion or congregation of migratory water fowl, the Health Officer or Pine Grove Borough Police shall meet and confer with the proper Pennsylvania Game Commission officials and with the advice and consent of said officials, determine the appropriate method and means of removing or disbursing the migratory water fowl, considering first the health, safety and welfare of the citizens of the Borough of Pine Grove, and second, the health, safety and welfare of the migratory water fowl.
Whenever the Health Officer or Pine Grove Borough Police, after consultation with the Pennsylvania Game Commission, determines that water fowl shall be dispersed by scare tactics or noise tactics, they may delegate implementation of the plan developed by their consultation to the Borough Mayor, President of Borough Council, or any responsible citizen in the affected neighborhood.
The Health Officer or Pine Grove Borough Police shall apply for and secure all permits necessary by law prior to taking any action.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Violations of this article shall be punishable for each offense by a fine of not less than $25 nor more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, by imprisonment for not more than 30 days.
Whenever the Health Officer or Pine Grove Borough Police become aware that birds, not otherwise protected, regulated or controlled by federal or state law, rule or regulation, are congregating or flocking together in such numbers as to cause a health hazard or are interfering with the peace, quiet, comfort or repose of the inhabitants of the Borough of Pine Grove, they may take whatever steps are necessary to remove or disperse said congregation or flock.