[Ord. 775, passed 2-4-2014]
The Council of the Borough finds, determines and declares that
this chapter is necessary for the immediate preservation of the public
health, safety and welfare of the Borough and the inhabitants thereof
and for the welfare of animals.
[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.
[Ord. 775, passed 2-4-2014]
It shall be the duty of every police officer of the Borough
Police Department, Health Officer and/or other person or persons who
may be designated by the Borough as the Animal Control Officer, to
enforce all articles and sections of this chapter.
[Ord. 775, passed 2-4-2014]
It shall be unlawful for any person to interfere with any police
officer and/or the Animal Control Officer while such officers are
engaged in the proper performance of his, her or their duties, as
mandated by the articles and sections of this chapter.
[Ord. 775, passed 2-4-2014]
A person whose vehicle causes injury or death to a domestic
animal within the limits of the Borough shall stop at once, assess
the extent of the injury to the extent that it is safe to do so, and
immediately notify the animal's owner/guardian, if known, or
Animal Control Officer, either directly or through any Borough police
officer, together with a description of the animal struck, the location
of the striking and an estimate as to the condition of the animal
after being struck, along with the rabies tag number of the animal,
if it can safely be ascertained. Such person shall not be required
to report his or her name, as the only purpose of this requirement
is to aid the stricken animal and notify its owner, if any.
[Ord. 775, passed 2-4-2014]
(A) No person shall trap any wild animal or wildlife unless such person
shall hold a valid nuisance wildlife operator permit in compliance
with the provisions of Pennsylvania Law § 147.721 amended
May 28, 2004, effective May 29, 2004, 34 Pa.B. 2827; amended December
19, 2008, effective December 20, 2008, 38 Pa.B. 6930.
(B) Exception: a nuisance wildlife control operator permit will not be
required for municipal employees conducting animal control activities
if the following conditions are met.
(1)
The municipal, state or federal employee has agreed, in writing,
to conduct animal control in accordance with this article. However,
permit testing and permit possession requirements do not apply.
(2)
Written request for exemption shall be made to the district
wildlife conservation officer on letterhead from the municipal, state
or federal entity. The request must state that the employee is a legitimate
employee of the entity, is employed as an Animal Control Officer and
that the entity has accepted responsibility for the employee's
training and supervision, as it relates to Pennsylvania Law § 147.721
amended May 28, 2004, effective May 29, 2004, 34 Pa.B. 2827; amended
December 19, 2008, effective December 20, 2008, 38 Pa.B. 6930.
(3)
This exemption is valid only if an Animal Control Officer is
acting within his or her scope of duty.