[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 This ordinance also repealed former Ch.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.]
GENERAL REFERENCES
Littering — See Ch. 129.
A.
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.
B.
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.
A.
ABANDONED ANIMAL
CAT
CONTROL OFFICER
DOMESTIC ANIMAL
HOUSEHOLD PET
LARGE ANIMAL
OWNER
PERSON
PUBLIC NUISANCE
SMALL ANIMAL
STRAY CAT
WILD ANIMAL
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:
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.
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.
Any animal as hereinafter defined as a household pet, a large animal
or a small animal.
Any dog, cat or other domestic animal normally and ordinarily kept
in or permitted to be at large in the dwelling of its owner.
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.
An animal that causes damage to public or private property or causes
harm to any person.
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.
A cat having no known owner or custodian.
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.
B.
In this chapter, the singular shall include the plural,
the plural shall include the singular and the masculine shall include the
feminine.
A.
It shall be unlawful for any person to keep any wild
animal at any place within the borough.
B.
It shall be unlawful for any person to keep any domestic
animal, except household pets, at any place within the borough.
C.
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:
(1)
Noise disturbance.
(2)
Viciousness.
(3)
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.
(4)
Entering or being in public parks or playgrounds with
animals (leashed or otherwise).
(5)
Not having current rabies vaccinations and a current
county license.
D.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
If any household pet shall be kept in an enclosure outside
such dwelling, the following additional requirements shall be met:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
F.
No person shall permit any household pet to run at large
in the Borough of Brentwood.
A.
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.
B.
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.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
