[HISTORY: Adopted by the Borough Council of the Borough of Brentwood 12-15-1998 by Ord. No. 1109. This ordinance also repealed former Ch. 76, Animals, adopted 3-2-1982 as Ch. III, Part 1, of the 1982 Code of Ordinances, as amended. Amendments noted where applicable.]
Littering — See Ch. 129.
The Council of the Borough of Brentwood is desirous of providing reasonable regulations for the control, care and maintenance of animals in the Borough of Brentwood. It is recognized by the Mayor and Council that certain animals are generally excellent pets, but they can become a nuisance if not properly controlled.
This legislation is not intended to impair, restrict or otherwise interfere with the relationship that exists between owners and their pets; however, it is necessary that these owners exercise responsibility in the care and control of their animals so that other residents in the Borough of Brentwood are not offended or unreasonably inconvenienced.
As used in this chapter, the following words and terms shall have the meanings hereby respectively ascribed thereto, except where the context clearly indicates a different meaning:
- ABANDONED ANIMAL
- An animal of any age which shall be left unattended, unclaimed, unlicensed or at large for a period of 72 hours or more.
- Any animal of a feline species.
- CONTROL OFFICER
- The person authorized by the Borough of Brentwood from time to time, by resolution, to enforce the provisions of this chapter. The Control Officer shall have all the powers of a Constable or other peace officer in the execution of the provisions of this chapter, including the service of a summons, the service and execution of any other order of process, notwithstanding any provision of the Uniform Justice Court Act.
- DOMESTIC ANIMAL
- Any animal as hereinafter defined as a household pet, a large animal or a small animal.
- HOUSEHOLD PET
- Any dog, cat or other domestic animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner.
- LARGE ANIMAL
- Any domestic animal of the bovine, equine, sheep or hog family.
- Every person having a property right in an animal and every person keeping, having custody or feeding an animal for more than 48 hours, or who allows an animal to reside or remain about his premises, shall be considered an "animal owner." This provision shall not include a person who keeps or feeds an animal on behalf of an owner at the owner's request to accommodate the owner's temporary needs.
- Any person, firm, partnership, association or corporation.
- PUBLIC NUISANCE
- An animal that causes damage to public or private property or causes harm to any person.
- SMALL ANIMAL
- Any domestic animal such as a rabbit, hare, guinea pig, rat, mouse or chinchilla and any domestic fowl such as a chick, turkey, goose, duck or pigeon.
- STRAY CAT
- A cat having no known owner or custodian.
- WILD ANIMAL
- Any animal, bird, fowl or reptile not normally or ordinarily domesticated, not normally or ordinarily raised in this area and climate as livestock or for work or breeding purposes or not normally or ordinarily kept as a household pet.
In this chapter, the singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine.
It shall be unlawful for any person to keep any wild animal at any place within the borough.
It shall be unlawful for any person to keep any domestic animal, except household pets, at any place within the borough.
It shall be unlawful for any owner of or any person having custody of any animal(s) to have any animal that becomes a nuisance. Acts of nuisance shall include, but are not limited to the following:
Digging into flower beds, lawns, sandboxes or gardens or the damaging of shrubbery, trees, lawns or personal property not belonging to the owner or the depositing of feces.
Entering or being in public parks or playgrounds with animals (leashed or otherwise).
Not having current rabies vaccinations and a current county license.
It shall be unlawful for any owner or any person having custody of any animal(s) to allow or permit (intentionally or otherwise) any such animal(s) to be in any public park or playground (leashed or otherwise).
No more than four animals shall be kept or maintained or be in custody for more than 90 days in any residential housing unit or its grounds. Nothing contained herein, however, shall be applicable to those persons who have kept or maintained in custody in any residential housing unit or its grounds more than four animals prior to the adoption of this chapter.
It shall be unlawful for any person to keep any household pet, except as provided in this section:
No person shall keep or harbor any household pet so as to create offensive odors, excessive noise or unsanitary conditions which are a menace to the health, comfort or safety of the public or otherwise permit the commission or existence of a nuisance.
Any household pet, which by frequent and habitual barking, howling, screeching, yelping or baying, or in any way or manner injures or disturbs the quiet of any person, or the community, or which disturbs or endangers the comfort, repose or health of persons, is hereby declared to be committing a nuisance. It shall be unlawful to harbor or permit it to commit such a nuisance.
Any household pet which scratches, digs or defecates upon any lawn, tree, shrub, plant, building or any other public or private property, other than the property of the owner or person in charge or control of such animal, is hereby declared to be a nuisance.
No person being the owner or in charge or control of any household pet shall allow or permit such animal to commit a nuisance on any school grounds or other public property or upon any private property other than that of the owner or person in charge or control of such household pet without the permission of the owner of said property. Where the owner or person in charge or control of such animal immediately removes all feces deposited by such animal and disposes of same in a sanitary manner, such nuisance shall be considered abated.
If any household pet shall be kept in an enclosure outside such dwelling, the following additional requirements shall be met:
Such animals shall be kept confined in quarters no part of which shall be closer than 25 feet from the exterior limits of any dwelling or of any property line.
The keeper of every such household pet shall confine the same in an enclosure sufficient to prevent such animal from running at large, and such enclosure shall be of a size conducive to good sanitation practices, and adequate and sanitary drainage facilities shall be provided.
The keeper of every such household pet shall cause the litter and droppings therefrom to be collected daily in a container or receptacle of such type that, when closed, it shall be rat-proof and fly-tight, and after every such collection shall cause such container or receptacle to be kept closed. At least twice a week, every such keeper shall cause all litter and droppings so collected to be disposed of in such a manner as not to permit the presence of fly larvae.
Every keeper of such household pet shall cause all feed provided therefor to be stored and kept in a rat-proof and fly-tight building, box, container or receptacle.
No person shall permit any household pet to run at large in the Borough of Brentwood.
License requirements. No person shall own, keep, harbor or maintain any animal over seven months of age within the Borough of Brentwood unless such animal is licensed. The provisions of this section do not apply to animals held by any government facility, a veterinary establishment or a licensed animal shelter, pound, kennel or pet shop. No animal may be licensed without proof of vaccination as detailed below.
Vaccination. All animals shall be vaccinated against rabies by a licensed veterinarian in accordance with the recommendations for immunization published by the National Association of State Public Health Veterinarians, except as provided in Subsection C.
Exemptions. Any animal may be exempted from vaccination requirements for a specified period by the Control Officer upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition, the inoculation of such animal is not medically appropriate.
Domesticated animals maintained as pets by residents of Brentwood Borough shall be licensed in accordance with regulations of Allegheny County, Pennsylvania.
No animal shall be sheltered, maintained or harbored that is not domesticated. The area where animals are kept shall be clean and sanitary and shall not create a disturbance by reason of noise, odor or other causes. No person shall abandon any animal or permit an animal in his custody to become a stray.
No animal shall cause damage to any person or property. Any person who owns, maintains or harbors any animal that causes such damage shall be strictly liable for the damage and may be prosecuted for a violation of this chapter.
No person shall harbor, maintain or feed any unlicensed or stray animal. Any person who shall do so following receipt of a notice from the Control Officer advising said person that a violation of this chapter is occurring may be prosecuted if they continue such activity.
No person shall interfere with, hinder or molest any agent of the Control Officer or any police officer of the Borough of Brentwood in the performance of any duty as herein provided.
The Borough of Brentwood hereby finds, determines and declares that this chapter is necessary for the immediate preservation of the public health, safety and welfare of the Borough of Brentwood and the inhabitants thereof.
Every person who violates, or causes to be violated, any provision of this chapter shall, upon conviction thereof before a court of competent jurisdiction, be sentenced to pay a fine of not more than $1,000 and to pay, in addition to such fine, the taxable court costs of said prosecution, plus the costs and expenses of prosecution incurred by Brentwood Borough or, in default of payment of such fine and court costs and costs to Brentwood Borough, undergo imprisonment for not more than 30 days.
In circumstances involving violation by a business entity other than a sole proprietor, the penalties set forth herein may be imposed upon the directors, officers, partners and/or managers of such business entities.
Each day that a violation of any provision of this chapter is continued shall constitute a separate offense for purposes of enforcement and imposition of penalties.
This chapter shall be effective on the 15th day of December, 1998, and shall continue in full force and effect until amended or repealed by the Council of the Borough of Brentweed. For the remaining portion of 1998 only, the license fee shall be $1, and, in subsequent years, § 76-7 shall apply.