Borough of Brookhaven, PA Findings and Administration

[Ord. 775, passed 2-4-2014]

The following terms shall apply to this chapter and shall have the meanings indicated. Singular words shall include the plural, and masculine words shall include the feminine and the neuter.

AGGRESSIVE

Any dog determined by the court to be aggressive under the state's Dangerous Dog Act, 3 P.S. §§ 459-501-A through 459-507-A.

ANIMAL

A dog, cat or other companion animal (pet).

ANIMAL CONTROL OFFICER

Any Borough police officers and/or the Borough agent or designee authorized by the Borough Council specifically to enforce this chapter.

ANIMAL ESTABLISHMENT

Any animal grooming shop, animal boarding facility, animal hospital or animal training facility within the lawful zoning classifications of the Borough.

ANIMAL SHELTER

The short-term animal care and control facility located at the Borough Police Department, 2 Cambridge Road, in the Borough of Brookhaven.

AT LARGE

An animal shall be deemed to be AT LARGE when off the property of the owner/guardian, unaccompanied and not under restraint. An animal shall be considered under restraint if the animal is within the owner/guardian's real property limits or is secured by a leash or lead or otherwise under the immediate control of the owner/guardian.

ATTACK

The deliberate action of a dog whether or not in response to a command by its owner, to bite, seize with its teeth or to pursue any human, animate or inanimate object, with obvious intent to destroy, kill, wound, injure or otherwise harm the object of its action.

BOROUGH'S FEE AND RATE SCHEDULE

A list of all Borough service, penalty, interest, permit fees, and hourly personnel and equipment rates, as adopted by resolution of the Borough Council from time to time.

CAT

A domestic feline, Felis domesticus.

CRUELTY

Any act of commission or omission whereby unjustifiable physical pain, suffering or death or an animal is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food in sufficient quantity.

DANGEROUS DOG

Any dog determined by the court to be dangerous under the state's Dangerous Dog Act, 3 P.S. §§ 459-501-A through 459-507-A.

DOG

A domestic canine, Canis familiaris.

GUARD OR ATTACK DOG

A dog trained to attack on command or to protect persons or property, and who will cease to attack on command.

HUMANE MANNER

That the care of an animal is 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, and at a minimum shall require compliance with state and county animal care requirements, including, but not limited to, 7 Pa. Code, Part II, Chapter 21, and 18 Pa.C.S.A. § 5511 (Cruelty to animals).

IMPOUNDMENT

The taking into custody of any animal by any police officer, Animal Control Officer or any authorized representative thereof.

KENNEL

Any establishment wherein dogs are kept for the purpose of breeding, hunting, training, renting, research or vivisection, buying, boarding, sale, show or any other similar purpose, and is so constructed that the dog(s) cannot stray therefrom.

MICROCHIP IMPLANT

An identifying integrated circuit placed under the skin of a dog, cat, horse, parrot or other animal. The chip, about the size of a large grain of rice, uses passive RFID (Radio Frequency Identification) technology.

MUZZLE

A device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting a person or other animal.

NEUTERED

Rendered permanently incapable of reproduction.

NON-PROHIBITED ANIMAL

Any animal of any species not specifically prohibited by Article I of this chapter, or by any federal, state or international laws or agreements.

NUISANCE

Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners/guardians, to enjoyment of life and property. This meaning, in the context of this chapter, shall also include, but not be limited to:

(A)

Any animal that is found running at large;

(B)

Any animal upon any playing field or playground which is either owned by the Borough or leased by the Borough, or such similar property of the Penn-Delco School District within the Borough authorized to be used by the residents of the Borough;

(C)

Any animal that damages any property other than that of its owner/guardian;

(D)

Any animal that makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance to neighbors or others in close proximity to the premises where the animal is kept, maintained or harbored;

(E)

Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept, maintained or harbored;

(F)

Any animal in heat that is not confined so as to prevent attraction or contact with other animals;

(G)

Any animal, whether or not on the property of its owner/guardian, that without provocation, molests, attacks or otherwise interferes with the freedom of movement of persons in a public right-of-way;

(H)

Any animal that chases motor vehicles in a public right-of-way;

(I)

Any animal that attacks domestic animals;

(J)

Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept, maintained or harbored; and

(K)

Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities.

OWNER/GUARDIAN

A person having the right of the property or custody of an animal and/or one who keeps or harbors an animal and/or one who knowingly permits an animal to remain on or about any premises occupied by that person.

PERSON

Any individual, corporation, partnership, organization or institution commonly recognized by law as a unit or the officers of a corporation or the partners of a partnership.

VETERINARIAN

A person licensed to practice veterinary medicine in the Commonwealth.

VICIOUS OR DANGEROUS ANIMAL

Any animal that attacks, bites or physically injures human beings or any domestic non-prohibited animal(s), as defined in this chapter, without provocation or which, because of temperament or training, has a known propensity to attack, bite or physically injure human beings or any domestic non-prohibited animal(s). Any wild animal or any animal that, without provocation had bitten or attacked a human being or other animal shall be prima facie presumed vicious or dangerous.

WILD ANIMAL

Any animal, bird, fowl or reptile not normally or ordinarily domesticated, nor normally or ordinarily kept as a household pet or companion animal which is naturally occurring in the wild within the borders of the Commonwealth of Pennsylvania, or the states of New Jersey or Delaware.