[Adopted 7-13-1981 by Ord. No. 1981-2 (Ch.
III, Part 1, of the 1981 Code)]
[Amended 3-10-2008 by Ord. No. 2008-5]
A. The following words and terms, as used in this article,
shall have the meanings hereby respectively ascribed thereto, except
where the context clearly indicates a different meaning:
ANIMAL
Any domestic animal or fowl, any wild animal or any household
pet.
BOARDING KENNEL
Any establishment, structure or pen available to the general
public where dogs, cats or other similarly domesticated animals are
housed for compensation by the day, week or a specified or unspecified
period of time. This definition shall not include commercial establishments
where domesticated animals are held for sale, i.e., a pet store or
breeder, or veterinarian offices which hold certain animals for a
period of time for bona fide and legitimate medical issues of the
animal.
[Added 8-8-2016 by Ord.
No. 2016-8]
CAT
A member of the species felis catus.
[Added 8-8-2016 by Ord.
No. 2016-8]
CHICKEN
A domesticated fowl that is a member of the species gallus
gallus domesticus.
[Added 8-8-2016 by Ord.
No. 2016-8]
DOMESTIC ANIMAL
Any animal as hereinafter defined as a household pet, a large
animal or a small animal.
FERAL CAT
A cat that lives permanently outside of a domestic home and
is not owned or cared for as a typical companion animal or pet, as
a result of having been feral (living in the wild but descended from
domestic cats), abandoned by an owner, or rendered homeless, wild
or stray by any other means.
[Added 8-8-2016 by Ord.
No. 2016-8]
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.
NUISANCE
The keeping or harboring of any dog or other domestic animal
or fowl which, by frequent and persistent howling or barking or other
noise, shall annoy or disturb the neighborhood or a number of persons.
PERSON
Any person, firm, partnership, association or corporation.
SMALL ANIMAL
Any domestic animal such as a rabbit, hare, guinea pig, rat,
mouse or chinchilla, and any domestic fowl including turkey, goose,
duck or pigeon (except homing pigeons), excepting chickens.
[Amended 8-8-2016 by Ord.
No. 2016-8]
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.
B. In this article, 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 Latrobe, except where the same shall be permitted under Chapter
166, Zoning, in a park, zoological garden or similar establishment for exhibit to the public or to any portion thereof.
[Amended 4-23-1996 by Ord. No. 1996-5]
It shall be unlawful for any person to keep
any domestic animals, except household pets, except as provided in
this section.
A. Large animals shall be confined in quarters no part
of which shall be closer than 100 feet to the exterior limits of any
dwelling or of any property line.
B. Small animals shall be kept confined in quarters no
part of which shall be closer than 25 feet to the exterior limits
of any dwelling or of any property line.
C. The keeper of every such domestic animal shall confine
the same to the owner's property by leash, enclosure or other confinement
sufficient to prevent the domestic animal from straying uncontrolled
onto any publicly owned property or onto the property owned, controlled
or leased by others. Such enclosure shall be of a size conducive to
good sanitation practices, and adequate and sanitary drainage facilities
shall be provided.
D. Every keeper of a domestic animal 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 ratproof
and flytight 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.
E. Every keeper of a domestic animal shall cause all
feed provided therefor to be stored and kept in a ratproof and flytight
building, box, container or receptacle.
F. If any such domestic animal shall be kept in a dwelling
occupied by any person, such person shall be required to follow such
procedures and practices, as to the number of such pets to be kept
there and as to sanitation, to ensure that no public nuisance shall
be created or maintained and no threat to the health of persons living
elsewhere than in such dwelling shall be created.
G. It is prohibited to operate any boarding kennel in any residential
district or within 200 feet of any residential district. It is prohibited
to operate any boarding kennel in any district if the same constitutes
a public nuisance.
[Added 8-8-2016 by Ord.
No. 2016-8]
H. Chickens shall be permitted to be kept on residential lots for noncommercial
purposes under the following standards:
[Added 8-8-2016 by Ord.
No. 2016-8]
(1) Chickens are permitted to be kept on lots that are at least 5,000
square feet in area. The following density schedule shall apply: a
maximum of two chickens are permitted in lots of 5,000 to 6,999 square
feet; a maximum of four chickens are permitted in lots of 7,000 to
10,999 square feet; a maximum of six chickens are permitted in lots
of 11,000 to 20,999 square feet; and a maximum of eight chickens are
permitted in lots of 21,000 square feet or greater.
(2) Chickens shall be kept at all times in a fully enclosed space (i.e.,
a fully screened in area, including runs), which must include a chicken
coop (a structure for housing chickens made of wood or other similar
materials that provides shelter from the elements), whether stationary
or mobile, that completely contains the chicken. The enclosure shall
not be more than six feet in height. Any chicken outside of the enclosure
shall constitute a nuisance per se.
(3) Enclosures, coops, and outside runs shall be cleaned of hen droppings,
uneaten feed, feathers and other waste on a regular basis and as necessary
to ensure they do not become a health issue, odor or other nuisance.
(4) Chicken coops shall be of sufficient size to enable the animal to
comfortably stand, turn around and lay down and shall be ventilated
to avoid respiratory disease and infections, control ambient temperature,
prevent accumulation of toxic gases, and prevent predation.
(5) Chicken enclosures shall not be kept in any front or side yards and
shall only be permitted in the backyard of a property.
(6) Chicken enclosures shall be set back a minimum of 20 feet from all
property lines and 40 feet from any dwelling.
(7) Only one enclosure is permitted on any property, regardless of whether
the resident possesses one parcel or multiple abutting parcels.
(8) The keeping of chickens is only permitted as a noncommercial use
incidental to a residential property. It is prohibited for any chicken,
eggs, chicken manure or any chicken by-product to be used, transferred
or transported for any commercial purpose.
(9) The keeping of any roosters and/or male chickens is prohibited and
shall constitute a nuisance per se.
(10) It shall be prohibited to slaughter and/or purposefully kill any
chicken, for any purpose. Excluded from this prohibition is the killing
of a chicken for medical reasons by a licensed veterinarian and/or
the off-site slaughtering by a professional.
(11) The disposal of dead animals shall be in accordance with the Domestic
Animal Law, 3 P.S. § 2352. Dead animals shall be disposed
of within 48 hours after death.
(12) Manure management.
(a)
The keeping of chickens must comply with the Pennsylvania Nutrient
Management Regulations, 25 Pa. Code § 8301 et seq, as required
by the Department of Environmental Protection.
(b)
All animal wastes shall be properly stored and disposed of,
so as not to be objectionable, due to odor, pests or otherwise, at
the site's property line.
(c)
The keeper of such chickens shall show that adequate provisions
are being implemented to collect, store and dispose of the manure
and other litter associated with the keeping of the chickens. The
containers to be used in the process shall be kept covered and shall
be cleaned on a regular basis to avoid the potential for detectable
odors.
(13) All keeping of chickens must comply with minimum standards of animal
care as required by Pennsylvania law, 18 Pa.C.S.A. §§ 5511-5511.3,
regarding animal cruelty.
(14) All feed, water, and other items associated with the keeping of chickens
shall be protected in a way that prevents infestation by insects,
rats, mice, or other rodents or vectors.
(15) Persons housing chickens are required to comply with all applicable
local, state, and federal laws, rules, and/or regulations regarding
the keeping of chickens.
(16) An order from the Code Enforcement Officer to cure any defect shall
be fully complied with within 48 hours of receipt of said order.
[Amended 4-23-1996 by Ord. No. 1996-5]
A. The owner of any dog within Latrobe shall be totally
responsible at all times when the dog is beyond the premises of the
owner of the dog to have the dog on a leash or by other means under
the control of the owner. The owner of any dog within Latrobe shall
prevent at all times the dog from defecating on publicly owned property
or private property owned by others and shall be responsible if any
such defecation should occur to remove the dregs immediately from
the publicly or privately owned property.
B. Each defecation or each straying of a dog onto public
property or private property owned by others (without the immediate
removal of dregs) which is a violation of any section of this article
shall be consideration to be a separate offense.
[Added 3-10-2008 by Ord. No. 2008-5]
A. Any person who creates, continues, causes, maintains
or permits to exist any nuisance in the nature of a barking or howling
dog or frequent noise emitted from any other domestic animal or fowl
within the limits of the City of Latrobe shall, after investigation
by the Latrobe Police Department, and if established by reasonable
evidence that the complaint is valid, be issued a written warning
to remove or abate the nuisance within 10 days of the date of the
warning.
B. If the person fails, neglects or refuses to abate
the nuisance within the time limit, said person shall, after investigation
by the Latrobe Police Department, and if established by reasonable
evidence that the complaint is valid, be issued a citation for violation
of this section, and a hearing shall be scheduled before the local
District Justice.
C. If after said hearing the nuisance is not abated or
removed, then and in that event a subsequent citation shall be issued
by the Latrobe Police Department and, further, the City of Latrobe
shall have the authority, either personally or by its agents, designees
or employees, to remove or abate the nuisance and, in so doing, shall
have authority to enter upon the property of the person in default.
D. Thereafter, the City shall collect the cost and expense
of the abatement or removal of the nuisance from the person who created,
continued, caused or maintained the nuisance and/or permitted it to
exist, that person having failed, neglected or refused to remove or
abate the nuisance, with an additional amount of 10% in the manner
provided for the collection of municipal claims or by any other remedy
available by action at law or in equity. The cost and expense of abatement
may be in addition to any penalty imposed hereunder.
[Added 8-8-2016 by Ord.
No. 2016-8]
It is prohibited for any person, firm, corporation or association
to feed within the City of Latrobe any feral cat. This section shall
not apply to persons who bring a feral cat into their dwelling with
the intention of owning it.
[Added 8-8-2016 by Ord.
No. 2016-8]
A. It shall be unlawful to keep any bees in the City except as provided
herein.
B. As used in this section, all terms shall be defined in the manner
set forth in Section 2102 of the Pennsylvania Bee Law, 3 Pa.C.S.A.
§ 2102, as amended, unless a different definition is stated
below or a different meaning clearly appears from the context:
AFRICANIZED HONEYBEE
Hybrids of the African honeybee with various European honeybees
that are aggressive compared to the European subspecies.
APIARY
Any place where one or more colonies or nuclei of bees are
kept.
BEE
Any stage of the common hive or honeybee (Apis mellifera)
or other species of the genus Apis.
BEE DISEASE
Any American or European foul brood, sac brood, bee paralysis
or other disease or abnormal condition of eggs, larval, pupal or adult
stages of the honeybee.
BEEKEEPER
An owner of any apiary or a person who has charge of any
apiary or one or more colonies of bees in the City.
BEST MANAGEMENT PRACTICES
The policies, procedures, and methods contained in the Pennsylvania
Department of Agriculture's Compliance Agreement for Beekeepers.
COLONY
An aggregate of bees consisting principally of workers but
having, when perfect, one queen and at times many drones.
DEPARTMENT
The Pennsylvania Department of Agriculture.
FLYWAY BARRIER
A barrier composed of dense vegetation or man-made materials
which direct the bees quickly into the sky and/or in a certain direction.
HIVE
Any frame hive, box hive, box, barrel, log, gum or other
receptacle or container, natural or artificial, or any part thereof,
which may be used or employed by a beekeeper as a domicile for bees
which are expected to establish a permanent nest.
C. Registration, certification, and permits.
(1) No beekeeper may own or maintain an apiary without first registering
all apiaries with the Department as required by the Pennsylvania Bee
Law, 3 Pa.C.S.A. § 2101 et seq., as amended.
(2) No beekeeper may own or maintain an apiary without first executing
the Department's Compliance Agreement for Beekeepers. A beekeeper
owning or maintaining an apiary in the City shall promptly notify
the City Code Enforcement Officer without unnecessary delay, and in
no event longer than 48 hours, if the Department revokes said beekeeper's
best management certification.
(3) No beekeeper may own or maintain an apiary without first obtaining
a permit from the Code Enforcement Officer. An application for a permit
shall be made in writing and upon such form or in such format as established
by the City and shall be accompanied by the prescribed permit fee
in the amount established from time to time by resolution of City
Council. The application shall be accompanied by a lot plan that includes
the size of the lot, the location and number of hives, the location
of each water source, the distance of the hives from the property
lines, and, if required, the location of any flyway barriers. If any
item of information in the application changes while a person holds
a permit (e.g., the location or number of hives changes), that permit
holder shall file an application for a new permit within 10 business
days of the change and may continue to keep bees until a new permit
is granted. If the permit holder does not file an application for
a new permit within 10 business days of the change, the permit shall
be automatically terminated and the keeping of bees on the parcel
shall not be permitted until a new permit has been granted. Permit
holders must submit to the Code Enforcement Officer, within 10 business
days of receipt, a copy of their annual Department of Agriculture
apiary inspection record. Should a permit holder fail to produce the
annual record, as issued by the Department, within five business days
of demand from the Code Endorsement Officer, the permit shall be terminated.
The issuance of a permit shall not obviate the necessity for compliance
with all other City ordinances.
(4) Permits shall not be required for persons possessing a hive and/or apiary on their property for a period of less than 21 days for the purpose of splitting and/or transporting hives and/or bees. Persons possessing such hives and/or apiaries must otherwise comply with all other provisions of this §
58-7.
(5) If a permit applicant desires to own or maintain an apiary on property
that the applicant does not own, the applicant must obtain written
permission from the property owner or landlord explicitly indicating
that the applicant has permission to own or maintain an apiary on
the subject property. Such written permission shall be supplied to
the City as part of the annual beekeeping permit application.
D. Maximum number of colonies. For property with a minimum of 5,000
square feet of lot area, a beekeeper is permitted to keep two hives.
For every additional 5,000 square feet of lot area, the beekeeper
is permitted two additional hives, for a maximum of six hives.
E. Hive type. No beekeeper shall keep or maintain bees in any hive other
than a modern movable frame hive which permits thorough examination
of every comb to determine the presence of bee disease.
F. Location of hives. Location of hives must comply with the following
criteria:
(1) Hives shall not be located within 10 feet of any side or rear property
line;
(2) Hives shall not be located within a front yard;
(3) Hives shall not be located within 50 feet of a permanently kenneled
animal;
(4) Hives shall not be located within 50 feet of a swimming pool, unless
the beekeeper constructs a flyway barrier directing the bees away
from the pool and provides a source of fresh water on the beekeeper's
property; and
(5) Apiaries may be located in any zoning district.
G. Hive orientation. Hive entrances shall face away from the nearest
neighboring property and in such a direction that bees fly across
the beekeeper's property at sufficient distance to gain a height
of at least six feet at the property line. The use of flyway barriers
may be employed to redirect the bees' flight pathway and establish
bee flight pathways above six feet. Should the flight path not be
able to be obtained as described above, then a "flyway barrier" shall
be placed at least six feet in height, shall be placed along the side
of the hive(s), and shall extend at least two feet on either side
of the hive(s). A "flyway barrier" shall consist of a solid fence,
dense vegetation, dense hedge, or combination thereof. No flyway barrier
is required for hives that are located on porches, roofs or balconies
at least 10 feet above grade, except where such porch, roof, or balcony
is located less than five feet from a property line.
H. Water. All beekeepers in the City shall ensure that a convenient
source of fresh water is available to the bees on the property where
the hive(s) is (are) located from April 1 through November 1 of each
year and is located closer to the apiary than any other water source.
Excepted from this provision are beekeepers whose property abuts a
consenting neighboring property owner whose property provides a fresh
source of water or abuts a natural watercourse (a natural channel
conveying water, such as a stream) that consistently flows or holds
fresh water from April 1 through November 1 each year, and is located
closer to the apiary than any other source of water not on the beekeeper's
property.
I. Best management practices. All beekeepers owning or maintaining an
apiary in the City shall at minimum practice those best management
practices as set forth by the Department.
J. Maintenance. All beekeepers shall ensure that no bee comb or other
materials are left upon the ground of the apiary site. Upon removal
from the apiary, all such materials shall promptly be disposed of
in a sealed container or placed within a building or other beeproof
enclosure.
K. Nuisance. It shall be unlawful for any beekeeper to keep any hive
in such a manner as to cause an unhealthy condition, interfere with
the normal use and enjoyment of human or animal life, or interfere
with the normal use and enjoyment of the properties surrounding the
property on which the bees are kept. The City, with or without the
guidance of an apiary inspector, may seize and/or destroy the hives
or bee receptacles that are identified as a public nuisance pursuant
to this section without remuneration to the beekeeper, if the beekeeper
does not correct the public nuisance within 48 hours of being issued
a demand to cure the public nuisance by the Code Enforcement Officer,
and the condition caused by the bees creates a significant danger
to public health and safety. The Code Enforcement Officer may immediately
seize and/or destroy the hives without issuing a demand to cure where
the public nuisance creates a significant danger to public health
and safety and is causing damage or injury to persons or property.
By way of example and not of limitation, the following activities
are hereby declared to be a public nuisance and are, therefore, unlawful:
(1) Multiple bees stinging, attacking or otherwise molesting others (including
domestic animals), occurring off of the beekeeper's property,
caused by bees originating from a beekeeper's apiary(ies) and
not as a result of provocation by a person or domestic animal;
(2) The use of apiaries or receptacles for bees that does not comply with Subsection
E of this section;
(3) Hive placement and related bee movement such that the bees, without
provocation, interfere with the freedom of movement of persons in
a public right-of-way, or the location of bees poses a threat to the
general safety, health, and welfare of the general public; and
(4) The keeping of overcrowded, bee-diseased or abandoned hives.
L. Prohibitions. Africanized honeybees may not be kept on any property
in the City.
M. Sale of honey. The sale of honey must comply with state and federal
laws and regulations.
[Amended 4-23-1996 by Ord. No. 1996-5]
Any person violating any provision of this article
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $600 and costs of prosecution and, in default of payment
of such fine and costs, to imprisonment for not more than 30 days,
provided that each violation of any provision of this article and
each day the same continues shall be deemed a separate offense.
Any violation of this article that would also
violate any state law shall be prosecuted under that state law and
not under this article.