The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ANIMAL
All nonhuman vertebrate and invertebrate species, whether
wild or domestic, commonly considered to be part of the animal kingdom.
ANIMAL HOUSING
Any property, premises or place where animals are located,
but not a place that is defined as a kennel. Animal housing may have
no more than four animals.
AT LARGE
An animal off the premises of the owner, not secured by a
leash or lead or under the control of a responsible person and obedient
to that person's commands.
CITY
The City of Pottsville, Pennsylvania.
CITY OFFICIAL
That person or persons designated by the Mayor to enforce
the provisions of this chapter. Included in this definition are the
Animal Control Officer, all other police officers who shall have the
same power to act as the Animal Control Officer and representatives
of the Health Bureau.
GUARD OR SENTRY DOG
A dog which has been trained or conditioned to attack only
to protect persons or property.
HOBBY BREEDER
Any person who places together dogs or cats for the purposes
of breeding and sells, trades or otherwise transfers the product of
such breeding, provided that:
A.
Such breeding, selling, trading or transfer is conducted by
the person at the person's residence and/or property;
B.
Such breeding does not take place more frequently than once
per annum; and
C.
The person is not regularly engaged in the business of breeding,
selling or trading dogs or cats.
KENNEL
Any property, premises, place or commercial establishment
in or at which dogs and/or cats are kept under the following condition:
more than a total of four dogs and/or cats more than six months of
age that are kept for the purpose of sale or rental or in connection
with the boarding, care, grooming, breeding or the training of dogs
for guard or sentry purposes for which any fee is charged. This provision
is not intended to apply to hobby breeders.
KENNEL OWNERS
Any person, firm, partnership or corporation who owns or
operates a kennel.
OWNER
When applied to the proprietorship of an animal, includes
every person having a right of property in such animal, and every
person who keeps or harbors such animal or has it in his care, and
every person who permits such animal to remain on or about any premises
occupied by him, which is kept, harbored or cared for within the City
of Pottsville for a period of three or more days, as well as every
person, firm or corporation occupying any premises within the City
which permits any animal to remain on or about its premises for a
period of three or more days.
PET SHOP
Any property, premises, place, commercial establishment or
person that buys for resale and sells dogs, cats, birds, fish or other
animals to the general public on a retail basis. This excludes persons
making a sale or trade of any such animal from their residence and/or
property when not regularly engaged in the business of selling or
trading animals.
RESIDENTIAL AREA
Any area of the City where the predominant land use is the
residential dwelling use of human beings.
VETERINARIAN
A graduate of a recognized school of veterinary medicine
licensed to practice in the Commonwealth of Pennsylvania.
VICIOUS ANIMAL
Any animal which has attacked without cause a human being
or domestic animal in such a manner as to inflict physical damage
on the human being or domestic animal, or has caused property damage.
WILD OR EXOTIC ANIMAL
Any animal of a species prohibited by Title 50, Code of Federal
Regulations, or otherwise controlled by the Commonwealth of Pennsylvania.
It shall include any animal which is wild, fierce, dangerous, noxious
or naturally inclined to do harm. "Wild animals," however domesticated,
shall also include but not be limited to:
A.
Dog family (Canidae): all except domesticated dogs, including
wolf, fox, coyote, dingo, etc.:
B.
Cat family (Felidae): all except commonly accepted domestic
cats, including lions, pumas, panthers, mountain lions, leopards,
jaguars, ocelots, margays, tigers, wild cats, etc.
C.
Bears (Ursidae): all bears, including weasels, martens, mink,
wolverine, ferrets, badgers, otters, ermine, mongoose, etc.
D.
Raccoons (Procyonidae): all raccoons and civets.
E.
Primates (Hominidae): all subhuman primates.
F.
Porcupine (Erethizontid): all porcupines.
H.
Snakes: all venomous and constricting snakes.
I.
Venomous lizards; crocodilians: all alligators, caimans, crocodiles,
gavials, etc.
J.
Venomous fish and piranha.
No person shall own, keep or harbor within the City any dog
three months or older unless such animal is licensed by the Treasurer
of Schuylkill County, Pennsylvania, and unless such dog wears a collar
and license tag. A license must be on display on the animal at all
times when not on owners' private property. This provision is
not intended to apply to dogs whose owners are nonresidents and temporarily
in the City nor to any Seeing Eye dog or hearing dog properly trained
to assist blind persons or hearing-impaired persons when such dog
is actually used by a blind person or hearing-impaired person for
the purpose of going from place to place.
It shall be unlawful for the owner or custodian of a dog or
cat to keep, harbor or have in his custody or control a dog or cat
three months or older for longer than 14 days, unless such dog or
cat has been vaccinated with a modified live virus (Flury strain)
or an acceptable inactivated rabies vaccine approved by the State
Department of Health within a period of 36 months or vaccinated within
a period of 12 months with a standard rabies vaccine approved by the
State Department of Health.
A. An animal owner must be able to provide proof of vaccination within
48 hours to any police officer, state dog warden, department official
or designated municipal animal control officer who requests proof.
When, in the judgment of the City official, it is determined
at the scene of an accident that an animal is injured beyond any medical
help, such animal may be humanely destroyed.
The slaughtering, killing or dressing of animals such as but
not limited to cattle, sheep, swine, goats, horses, rabbits or poultry
shall not be allowed in the City except at places authorized by state
or federal government agencies. This provision is not intended to
apply to wild animals or fishes taken in conformance with applicable
game and/or fish laws.
The owner of any animal or fowl which has died, when said owner
knows of such death, shall forthwith have its body cremated or buried
or otherwise disposed of in a manner acceptable to the City official.
Should the owner of any dead animal or dead fowl fail to comply with
the provisions of this chapter and after 48 hours of written notice
delivered to such owner by the City official, said City official shall
be authorized to cause any dead animal or fowl to be cremated or buried
at the expense of said owner.
Minimum standards shall be as follows:
A. Feeding. All animals shall be supplied with sufficient, wholesome
food and water, free from contamination, and which food and water
shall be of sufficient quantity and nutritive value to meet the normal
daily requirements for the condition and size of each animal and to
assure the proper health of each animal.
B. Health of animals.
(1) Proper shelter and protection from the weather shall be provided
at all times to assure that no animal is overcrowded or exposed to
excessive heat or cold. Proper temperature for the well-being of each
animal shall be maintained at all times.
(2) Adequate exercise shall be provided to assure the good health of
each animal.
(3) No condition shall be maintained or permitted to exist that is knowingly
injurious to the health of any animal.
C. Sanitation and safety.
(1) There shall be sufficient, clean, dry bedding to meet the needs of
each animal. All animals and animal quarters shall be kept in a clean
and sanitary condition and adequate ventilation shall be maintained.
(2) Animals shall be maintained in quarters so as to prevent their escape.
D. Compliance with minimum standards.
(1) It shall be unlawful for the owner of any animal housing to fail
to comply with any of the minimum standards set forth in this chapter.
(2) The City official shall have the authority to inspect the premises
of any animal housing at a reasonable time in a reasonable manner
to assure compliance with the provisions of this chapter. When permission
is refused or cannot be obtained, inspections shall be conducted upon
obtaining a lawfully authorized warrant.
The City official with the Mayor's approval may promulgate
such written rules and regulations as maybe reasonably necessary for
the administration of the provisions of this chapter.
Any person interfering with the Animal Control Officer, any
police officer or any Health Officer in the enforcement of this chapter
shall be guilty of a violation of this chapter.
Any person who shall take away or attempt to take away or who
shall cut the leash of any animal from the possession and custody
of the Animal Control Officer, any police officer or any Health Officer
of the City shall be guilty of a violation of this chapter.
No person shall keep or harbor any dog within the City which,
by frequent and habitual barking, howling or yelping, creates unreasonably
loud and disturbing noises of such a character, intensity and duration
as to disturb the peace, quiet and good order of the City. Any person
who shall allow any dog habitually to remain, be lodged or fed within
any dwelling, building, yard, or enclosure which he occupies or owns
shall be considered harboring such dog.
Any person, firm or corporation who or which shall fail, neglect
or refuse to comply with any of the terms or provisions of this chapter
or of any regulation or requirement pursuant hereto and authorized
hereby shall, upon conviction thereof, be ordered to pay a fine of
not more than $600 and, in default of payment of fine and costs, be
imprisoned not more than 90 days. Each day's violation shall
constitute a separate offense.
Be it hereby ordained and enacted that the City adopts the Commonwealth
of Pennsylvania, Department of Agriculture, "Dog Law," Act of December
7, 1982, P.L. 784, No. 225.
If a property owner does not remit to the City assessed fees as identified in §§
87-8 and
87-20, the City Treasurer is hereby empowered to certify the amount due to the City and remit that amount for collection. In addition to the full amount due to the City, the property owner will also be responsible to pay administration fees assessed to the account by the collection entity. If collection efforts are exhausted, that amount will be provided to the City Solicitor. The amount due shall then be a lien upon such premises from the time the lien is filed. The amount due shall also include filing fees, satisfaction fees, and attorney's fees. All of the above shall constitute the lien on said property.