[HISTORY: Adopted by the Borough Council of the Borough of Baldwin 2-20-1995 by Ord. No. 687. Amendments noted where applicable.]
Dogs — See Ch. 85.
The Council of the Borough of Baldwin is desirous of protecting the health, safety, welfare and property of others from annoyance and damage caused by cats and to establish the responsibility and liability of cat owners arising out of the conduct of their pets.
The Council of the Borough of Baldwin is desirous of providing reasonable regulations for the control, care and maintenance of cats in the Borough of Baldwin. It is recognized by the Mayor and Council that cats 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 Baldwin are not offended or unreasonably inconvenienced.
It shall be unlawful for any owner of or any person having custody of any cat(s) to have any cat 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 and running at large in public parks or playgrounds.
Not having current rabies vaccinations and a current Borough license.
No more than four cats 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 cats prior to the adoption of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED CAT
- A cat 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 Baldwin 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.
- Every person having a property right in a cat and every person keeping, having custody or feeding a cat for more than 48 hours, or who allows a cat to reside or remain about his premises, shall be considered a "cat owner." This provision shall not include a person who keeps or feeds a cat on behalf of an owner at the owner's request to accommodate the owner's temporary needs.
- An individual, firm, partnership, corporation or association of persons.
- PUBLIC NUISANCE
- A cat that causes damage to public or private property or causes harm to any person.
- STRAY CAT
- A cat having no known owner or custodian.
License requirements. No person shall own, keep, harbor or maintain any cat over seven months of age within the Borough of Baldwin unless such cat is licensed. The provisions of this section do not apply to cats held by any government facility, a veterinary establishment or a licensed animal shelter, pound, kennel or pet shop. No cat may be licensed without proof of vaccination as detailed below.
Vaccination. All cats 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 cat 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 cat is not medically appropriate.
[Amended 2-28-2006 by Ord. No. 802]
All cat licenses shall be issued by the office of the Borough Secretary or such other person as may be designated by the Mayor and Council of the Borough of Baldwin. All licenses shall be issued with a registration number, and a record of such issuance shall be maintained. A license may only be issued after a completed application is received along with all required fees. The license fee shall be $5. The registration tag shall be attached to a collar to be worn and maintained by the individual cat for whom the license was issued whenever such cat shall be outdoors. License fees required by this section shall be due on or before the last day of January in each year. No license shall be granted for a period exceeding one year, and no license shall be transferable. Persons applying for a license or renewal after February 1 in each year shall pay the full license fee.
No cat shall be sheltered, maintained or harbored that is not domesticated. The area where cats 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 cat or permit a cat in his custody to become a stray.
No cat shall cause damage to any person or property. Any person who owns, maintains or harbors any cat 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 cat. 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 he continues such activity.
Any person who violates a provision of this chapter shall be liable to a penalty of not more than $500 for each offense and up to 90 days in jail, or both.
No person shall interfere with, hinder or molest any agent of the Control Officer or any police officer of the Borough of Baldwin in the performance of any duty as herein provided.
All other ordinances of the Borough of Baldwin which are in conflict with this chapter are hereby repealed to the extent of such conflict.
If any part of this chapter shall be held invalid, such part shall be deemed severable, and the invalidity thereof shall not affect the remaining parts of this chapter.
The Borough of Baldwin 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 Baldwin and the inhabitants thereof.
This chapter shall be effective on the first day of March 1995 and shall continue in full force and effect until amended or repealed by the Council of the Borough of Baldwin. For the remaining portion of year 1995 only, the license fee shall be $1, and in subsequent years, § 82-6 shall apply.