[Adopted 11-16-1988 by Ord. No. 1081]
As used in this article, the following terms shall have the meanings indicated:
- An animal that is a member of the species felis catus.[Added 3-5-2008 by Ord. No. 1231]
- DOG FIGHTING
- A dog engaging in physical violence with another dog or animal.[Added 3-5-2008 by Ord. No. 1231]
- FERAL CAT
- Any cat that is unsocialized to humans, whether the cat was
born outside and never socialized with humans or a domesticated cat
which has strayed and over time has become unsocialized to humans.[Added 3-5-2008 by Ord. No. 1231]
- FERAL CAT CAREGIVER
- Any person or organization that, in accordance with these
regulations, is approved to trap, treat, and return feral cats.[Added 3-5-2008 by Ord. No. 1231]
- Every person having a right of property in any animal, every
person who keeps or harbors such animal or has in his or her care,
and every person who permits such animal to remain on or about any
premises occupied by him or her. "Owner" does not include a person
keeping a feral cat as a feral cat caregiver.[Amended 3-5-2008 by Ord. No. 1231]
- The provision of temporary food, shelter and medical care,
including, but not limited to, sterilization, vaccination for rabies
and distemper, testing for feline diseases, and ear tip or other humane
marking of feral cats which have been treated.[Added 3-5-2008 by Ord. No. 1231]
- Exhibiting a temperament of extreme fear of and resistance
to contact with humans.[Added 3-5-2008 by Ord. No. 1231]
- WILD ANIMAL
- Any living member of the animal kingdom, including those born or raised in captivity, except the following: human beings, domestics dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, and captive-bred species of common cage birds.
No person shall keep or permit to be kept any wild animal as a pet.
No person shall own, possess or have in custody on his premises any wild or vicious animal for display, training or exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to AAZPA-accredited facilities.
The Animal Control Officer shall have the power to release or order the release of any infant wild animal under temporary permit that is deemed capable of survival.
It shall be unlawful for the owner of any cat to permit it to run at large, to cause annoyance to persons or damage to persons or property, to trespass upon, litter or deface any premises, pavement, public highway or park in the Borough. Failure of any such owner properly to curb and restrain his/her cat shall subject the owner to penalties provided by this article.
No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance.
It shall be the duty of every police officer, special officer, animal control officer or agent designated by the Borough to seize and detain any cat causing annoyance or damage by running at large. If it is possible to capture an unrestrained cat or nuisance animal, it shall be taken by the police or animal control officer and impounded in an animal shelter and there be confined in a human manner. If it is not possible to capture an unrestrained cat or nuisance animal, the animal control officer or police are authorized to use lethal methods of removal. Such police officer, special officer, animal control officer or agent is hereby authorized to go upon any premises to seized and detain any such cat when such police officer, special officer, animal control officer or agent is in immediate pursuit.
Every female cat in heat shall be confined in a building or secure enclosure in such a manner that such female cat cannot come into contact with another animal except for planned breeding.
Cats must wear identification tags or collars at all times when off the premises of the owner.
Every owner or possessor of real property in the Borough of Lansdowne shall prevent or remove any and all accumulations of animal waste, feces or excretions on such property if such accumulations create obnoxious odors outside the property or unhealthy conditions.
No person having ownership, possession, custody or control of a cat shall allow such cat to defecate upon any gutter, street, driveway, alley, curb, sidewalk or other public property in the Borough or in or on any building or place frequented by the public or used in common by the tenants thereof or upon the grounds of a pubic park or public area or upon private property other than the property of the owner of the cat.
A person having possession, custody or control of a cat which defecates in any area other than the private property of the owner of such cat shall immediately remove the feces from such area and either:
Acting under the jurisdiction and control of the Chief of Police of the Borough of Lansdowne, the Borough police officers, animal control officer and any special officers appointed by the Borough Council of the Borough of Lansdowne shall enforce and administer this article.
[Added 3-5-2008 by Ord. No. 1231]
Persons permitted as a feral cat caregiver by the Borough are permitted to possess feral cats as part of the trapping, treatment and return program for the purpose of sterilizing such cats. No such person shall be cited or fined under this Chapter 129 for possession of a wild animal in the discharge of such program in accordance with the requirements of this Chapter 129.
[Added 3-5-2008 by Ord. No. 1231]
Any person seeking to be a feral cat caregiver shall submit an application for a feral cat caregiver permit to the Borough Manager on a form provided for that purpose, together with any other documents or certifications as may be required pursuant to such application form. Such application form shall require that the applicant certify that the applicant shall comply with the requirements of this ordinance, and shall require the applicant to demonstrate compliance with such standards for the safe trapping, treatment and return of feral cats that the Borough Manager may require.
Editor's Note: "This ordinance" refers to Ord. No. 1231.
Permitting under this article does not grant the authority to enter upon private property without the permission of the landowner. All feral cat caregivers shall obtain the permission of the landowner before entering upon private property.
[Added 3-5-2008 by Ord. No. 1231]
Treatment of feral cats must be performed by a veterinarian currently licensed in the State of Pennsylvania.
Feral cats trapped as part of a permitted program must be sterilized and vaccinated for rabies and distemper prior to release.
All cats receiving treatment shall be eartipped or otherwise humanely marked for identification.
[Amended 8-15-1990 by Ord. No. 1098]
Any person who shall violate any provision of this article shall:
Upon the first violation, receive a written notice and warning from the Borough police officer, animal control officer or other agent designated by the Borough.
Upon a second violation committed within a period of six months after the first violation and upon conviction of such second violation in a proceeding before a Magisterial District Judge, be sentenced to pay a fine of not more than $50, plus costs of prosecution, and, in default of payment of fine and costs, shall be sentenced to imprisonment for not more than 30 days.
Upon a third violation committed within a period of six months after the second violation and upon conviction of such third violation in a proceeding before a Magisterial District Judge, be sentenced to pay a fine of not more than $100, plus costs of prosecution, and, in default of payment of fine and costs, shall be sentenced to imprisonment for not more than 30 days.
After the third violation, upon any subsequent violation committed within a period of six months after the previous violation and upon conviction of such subsequent violation in a proceeding before a Magisterial District Judge, be sentenced to pay a fine of not more than $600, plus costs of prosecution, and, in default of payment of fine and costs, shall be sentenced to imprisonment for not more than 30 days.
[Amended 6-16-1999 by Ord. No. 1155]