[HISTORY: Adopted by the Borough Council of the Borough of Palmerton 3-23-2017 by Ord. No. 728.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded former Chapter 54, Art. I, Dogs, adopted 2-19-1980 by Ord. No. 395, as amended; and Art. II, Cats, adopted 11-12-1986 by Ord. No. 453.
As used in this chapter, the following terms shall have the meanings indicated:
FEEDING STATION
Any area where food is supplied to animals in an open, unrestricted manner, allowing animals to come and go freely.
HANDLER
Includes every person other than an owner who has custody and control of such animal.
KEEPER
Includes any person permitting an animal to remain on the premises under his/her control.
NASPHV
National Association of State Public Health Veterinarians, or successor agency.
OWNER
Includes every person having a right of property in such animal and every person who keeps or harbors such animal to remain on or about any premises occupied by him/her.
A. 
Every person who shall own, keep or harbor a cat or cats, male or female, within the limits of the Borough of Palmerton shall report to the Borough office annually, within 30 days after the first day of March each year, his or her name and address and shall give the name, breed, color and sex of each and every cat kept by said person and shall, within said time, pay to the said Borough the sum of $1 as a license fee and a registration fee for each and every cat or cats; and the said Borough office shall furnish the owner or keeper of the same with a certificate, signed by said Borough office, stating the registry number of the cat, its name, breed, color and sex and the name and address of its owner or keeper, which certificate shall be valid and effective from the date of its issuance to the first day of January in the ensuing year. Upon proof by affidavit of the loss of any certificate or metal tags hereinafter provided for, the Borough office shall issue a duplicate certificate or tag upon payment of a fee in accordance with the established fee schedule as adopted by resolution of the Borough Council from time to time.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The Borough office shall keep a book for the purpose of registering the name of the owner of every cat, the description of the cat as set forth in the registration certificate and the number of the license certificate issued.
C. 
The Borough office, upon receipt of the fee prescribed by Subsection A of this section, shall furnish with each certificate of registration a metal tag, on which shall be inscribed the registry number, which shall correspond to the number set forth in the certificate, and the year in which the certificate was issued, which said tag shall be securely affixed to the collar or strap worn by the cat.
A. 
Two months after the effective date of this chapter, it shall be unlawful for any person/owner/keeper/handler, firm or corporation to own, possess, maintain, regularly feed, house or keep any dog or cat over three months of age within the Borough unless such dog or cat is identified as having a current rabies vaccination by one of the following means: a collar with the NASPHV-recommended tag attached thereto which is worn at all times; implantation of a microchip; or some other permanent marking or tag approved by the Borough.
B. 
Within two months after the effective date of this chapter, every owner/keeper/handler of a dog or cat in the Borough of Palmerton which is over three months of age shall have such dog or cat vaccinated against rabies by or under the supervision of a veterinarian, unless such dog or cat has a vaccination whose duration of immunity has not expired.
C. 
Within four weeks after any dog in the Borough of Palmerton attains 12 weeks of age, the owner/keeper/handler of any dog shall have such dog licensed by the appropriate agency of Carbon County and shall have such animal vaccinated against rabies by or under the supervision of a veterinarian.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Within four weeks after any cat in the Borough of Palmerton attains 12 weeks of age, the owner/keeper/handler of such cat shall have such animal vaccinated against rabies by or under the supervision of a veterinarian.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Within 30 days after the arrival in the Borough of any dog or cat over three months of age, the owner/keeper/handler of such dog shall comply with Subsection C above and the owner of such cat shall comply with Subsection D above. The vaccination requirements of this Subsection E shall not apply to any dog or cat which has a vaccination whose duration of immunity is still in effect.
F. 
Within the time span recommended by the NASPHV, the owner/keeper/handler of any previously vaccinated dog or cat in the Borough of Palmerton shall have such dog or cat revaccinated against rabies by or under the supervision of a veterinarian, except in the case of a local epidemic, at which time more frequent vaccination may be required by the Borough.
G. 
Licensure requirements for dogs and cats belonging to Palmerton Borough residents, and of dogs and cats present in Palmerton Borough, shall, at a minimum, be in strict conformity with the licensing requirements of Palmerton Borough and the Pennsylvania Department of Agriculture, Bureau of Dog Law Enforcement.
H. 
Seizure of unlicensed and/or unvaccinated dogs and cats; redemption.
(1) 
If a dog or cat which does not have a current license or current vaccination certificate is seized by a code officer or other authorized official of the Borough of Palmerton, such dog or cat shall be detained for a time period not exceeding five days. If claimed by the owner/keeper/handler, the owner/keeper/handler shall ensure that the dog or cat is vaccinated against rabies by or under the supervision of a veterinarian, and a rabies vaccination certificate by said veterinarian must be presented to the police or code officer or other authorized official of the Borough of Palmerton within 24 hours after such dog or cat is released to the owner/keeper/handler or his representative. If unlicensed, the owner/keeper/handler shall obtain a license from the proper authority prior to release.
(2) 
The owner/keeper/handler of a dog or cat detained as aforesaid shall pay all reasonable expenses incurred by reason of its detention before it is released to the owner or representative. Any dog or cat not claimed in accordance with this chapter shall be disposed of in a humane manner and in accordance with all applicable statutes of the Commonwealth of Pennsylvania.
A. 
Dogs and cats at large. It shall be unlawful for any owner/keeper/handler of dogs or cats to permit the same to run at large within the Borough of Palmerton or to permit the same to run upon the streets, roads or highways of the said Borough or upon the property of another person to the annoyance or inconvenience of the residents or pedestrians or of the operators of motor vehicles using the said streets, roads and bridges.
B. 
No person owning, handling or keeping any cat or dog shall permit it to soil, defile, damage or commit any nuisance on any place where people congregate or walk or upon any public property whatsoever. This provision shall apply also to all privately owned property in the Borough, except the property of the owner/handler/keeper of the cat or dog and the property owned or controlled by persons who have invited or permitted the owner/handler/keeper of the cat or dog to bring such cat or dog upon the premises.
C. 
It shall be the responsibility of the owner/keeper/handler of every cat and dog to ensure that the cat has been inoculated with feline distemper and rabies shots and the dog with rabies shots, and such proof shall be required to be presented to any code officer or other Borough official.
D. 
Pets prohibited on posted public lands. It shall be unlawful for any owner/keeper/handler of dogs or cats or other pets to permit the same to run at large on any public lands within the Borough of Palmerton.
E. 
Nuisances prohibited; disposal of feces.
(1) 
No owner/keeper/handler owning, harboring, keeping or in charge of any animal shall cause or allow such animal to soil, defile, defecate on or commit any nuisance in any common area of the Borough of Palmerton or on any private property without the permission of the owner of said property.
(2) 
In the event of a violation of the provisions of Subsection E(1), any feces deposited by any animal shall be immediately removed and disposed of by the person owning, harboring, keeping or in charge of said animal.
(3) 
The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any animal curbed in accordance with the provisions of this chapter.
(4) 
No owner/keeper/handler owning, harboring, keeping or in charge of any animal shall cause, suffer, or allow such animal to soil, defile, defecate on or commit any nuisance on property under his or her ownership or control in any area or on any structure within 20 feet of a dwelling, deck or patio type of structure on a neighboring property, unless the person shall immediately remove all feces deposited by such animal by any sanitary method.
F. 
Impoundment; redemption fee. Any dog or cat found running at large within the limits of the Borough of Palmerton to the annoyance or inconvenience of the residents, pedestrians or the operators of motor vehicles shall be taken and impounded in a place provided for that purpose; and if the owner/keeper/handler is known or marks of identification be found on the collar of the dog or cat so that he can be ascertained, the owner/keeper/handler shall be notified to reclaim said dog or cat within a period of five days after receiving notice to do so and pay a charge for impoundment and detention of each dog or cat in the sum of $10 per day; and if said dog or cat shall not be reclaimed as aforesaid and the costs of impoundment above fixed shall not be paid within 24 hours after notice to do so, said dog or cat shall be destroyed in a humane manner or given to a humane society or association for the prevention of cruelty to animals.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
Applicability to stray dogs and cats. The provisions of this chapter shall apply to stray dogs and cats irrespective of the payment of any license fee thereon.
H. 
No owner/keeper/handler (hereinafter "owner," where the singular shall include the plural and vice versa) shall keep, raise or harbor any dog, cat, or any other animal commonly kept as a domestic pet (hereinafter referred to collectively as a "domestic pet," where the singular shall include the plural and vice versa) in the Borough 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 as defined herein.
I. 
Any domestic pet which, by frequent and habitual barking, howling, screeching, yelping or baying or in any other way or manner, disturbs the peace and quiet of any person in the vicinity, or which disturbs or endangers the comfort, repose or health of persons in the vicinity, is hereby declared to be committing a nuisance. No owner/keeper/handler of such animal shall harbor or permit it to commit such a nuisance.
(1) 
Presumption. It shall not be necessary to establish that any occurrence has lasted for any specific period of time in order to find a violation of this section. However, continuous making of any loud or harsh noise by a domestic pet for more than 1/2 hour on any one occasion shall give rise to the presumption that the domestic pet on the same premises has disturbed the peace and quiet of persons in the vicinity and has disturbed or endangered the comfort, repose or health of persons in the vicinity.
(2) 
Permission. At the trial of any charge of violation of this section, if it shall be determined that a domestic pet has disturbed the peace and quiet of persons in the vicinity or has disturbed or endangered the comfort, repose or health of persons in the vicinity by unseemly noise as hereinbefore set forth, it shall be conclusively presumed that the owner of the domestic pet has permitted the occurrence to have happened.
J. 
Any domestic pet which, by urination, defecation, natural odor, or in any other way or manner, creates an offensive odor that disturbs or endangers the comfort, repose or health of any person in the vicinity is hereby declared to be committing a nuisance. No owner/keeper/handler having custody of such animal shall harbor or permit it to commit such a nuisance.
(1) 
Presumption. It shall not be necessary to establish that any occurrence has lasted for any specific period of time in order to find a violation of this section. However, continuous odor or smell from a domestic pet for more than 1/2 hour on any one occasion shall give rise to the presumption that the domestic pet on the same premises has disturbed or endangered the comfort, repose or health of persons in the vicinity.
(2) 
Permission. At the trial of any charge of violation of this section, if it shall be determined that a domestic pet, by its offensive odor or smell, has disturbed or endangered the comfort, repose or health of persons in the vicinity, it shall be conclusively presumed that the owner/keeper/handler of the domestic pet has permitted the occurrence to have happened.
K. 
Feeding stations are prohibited. Any feeding station equipment remaining after notification to the property owner will be removed and a citation issued.
L. 
No person shall create conditions that are attractive to:
(1) 
Wild animals, including, but not limited to, deer, bears, coyotes, groundhogs, opossums, skunks, rats, rodents, raccoons, vermin, turkeys, ducks, geese, swans, heron, egrets and pigeons;
(2) 
Stray and/or feral animals commonly kept as domestic pets, including, but not limited to, stray and/or feral dogs and cats;
(3) 
Nuisance insects; or
(4) 
Other similar animals (collectively "nuisance animals").
M. 
Any person creating conditions attractive to nuisance animals shall be committing a nuisance.
(1) 
Conduct creating conditions attractive to nuisance animals includes, but is not limited to:
(a) 
Feeding, baiting, or in any manner providing access to food to any nuisance animal on lands either publicly or privately owned;
(b) 
Leaving, spreading or storing any refuse, garbage, food product, pet food, forage product or supplement, salt licks, seed or birdseed, fruit, corn or grain in a manner that would be accessible to any nuisance animal;
(c) 
Failing to take remedial action to avoid contact or conflict with nuisance animals, which may include the securing or removing of outdoor trash, cooking grills, pet food, bird feeders or any other similar food source or attractant, after being advised by the Borough to undertake such remedial action; or
(d) 
After an initial contact or conflict with a nuisance animal, continuing to provide, or otherwise failing to secure or remove, any likely food sources or attractants, including, but not limited to, outdoor trash, grills, pet food or bird feeders.
N. 
It shall be unlawful to keep more than four dogs six months of age or older on any premises, regardless of the number of owners; provided, however, that this section shall not apply to any premises for which a kennel license has been obtained pursuant to the Dog Law of 1965 (3 P.S. § 459-101 et seq.).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
O. 
It shall be unlawful to keep more than four cats six months of age or older on any premises, regardless of the number of owners.
P. 
It shall be unlawful for the owner/keeper/handler of any animal to permit said animal to injure any human being by biting, jumping on, knocking down or attacking said human being.
A. 
No livestock, poultry or fowl shall be housed or exhibited on sidewalks, streets or alleys of the Borough of Palmerton by any store, commercial establishment, resident or other occupier of premises in the Borough of Palmerton.
B. 
Notwithstanding the provisions of Subsection A of this section, the Council of the Borough of Palmerton may, upon special request, permit celebratory affairs to have petting zoos or other small animal entertainment; provided, however, that the requesting resident or the animal owner shall escrow with the Borough a sum deemed by the Borough Manager of the Borough to be sufficient to guarantee that all animal wastes will be properly disposed of; and provided, further, that the animal owner shall exhibit evidence of liability insurance in such sums as determined by the Borough Manager.
The Borough police and Code Office shall be empowered to enforce any and all parts of this chapter upon notification of such violation, a record of which shall be on file in the Borough office and a copy maintained by the Code Office and Police Department.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or fails to comply with the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, § 1-17A, of the Code of the Borough of Palmerton. The person or persons allowing or permitting the continuation of a violation may be punished as provided above for each separate offense.