[Adopted 10-10-1989 by Ord.
No. 845-89 as Ch. 85 of the 1989 Code; amended in its entirety 12-11-2000 by Ord. No. 1150-2000]
No person 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 any common thoroughfare, sidewalk, passageway, bypath, play
area, park or any place where people congregate or walk, or on any public
property whatsoever, or on any private property without the permission of
the owner of said property. The restriction set forth in this section shall
not apply to the portion of the street lying between the curblines, which
shall be used to curb such animal under the following conditions:
A. The person who so curbs such animal shall immediately
remove all feces deposited by such animal by any sanitary and reasonable manner.
B. 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 article.
Any person who shall be convicted of violating or failing to comply
with the provisions of this article, in summary proceedings, shall be punishable
by a fine of not more than $600, together with costs to be collected as fines
and penalties are, by law, collected or to a period of imprisonment not exceeding
90 days, or both such fine and imprisonment. The continuation of such violation
for each successive day shall constitute a separate offense, and the person
or persons allowing or permitting the continuation of a violation may be punished
as provided above for each separate offense.
As used in this article, the following terms shall have the meanings
indicated unless a different meaning already appears from the context:
DANGEROUS or VICIOUS DOGS
A.
Any dog which, according to records of the appropriate authority, has
bitten a human being or inflicted severe injury on a human being without provocation
on public or private property.
B.
Any dog which, according to the records of the appropriate authority,
has killed a domestic animal without provocation while off the owner's property.
C.
Attacked a human being without provocation.
D.
Any dog owned or harbored primarily in part for the purpose of dogfighting
or any dog trained for dogfighting.
E.
Any dog which has been used in the commission of a crime.
F.
Any dog which, according to the records of the appropriate authority,
has either or both of the following:
(1)
A history of attacking human beings and/or domestic animals without
provocation; or
(2)
A propensity to attack human beings and/or domestic animals without provocation. A propensity attack may be proven by a single incident of the context described in Subsections
A,
B,
C or
D above.
OWNER
Any person, partnership or corporation owning, keeping or harboring
one or more animals. An animal shall be deemed to be harbored if it is fed
or sheltered for three consecutive days or more.
POTENTIALLY DANGEROUS DOGS
A.
Any dog when unprovoked chases or approaches a person upon the streets,
sidewalks or any public or private property in a menacing fashion or apparent
attitude of attack;
B.
Any dog with a known propensity, tendency or disposition to attack unprovoked,
to cause injury or to otherwise threaten the safety of human beings or domestic
animals.
C.
Any dog which, on three separate occasions within a twelve-month period,
has been observed in the City of Coatesville by authorized personnel and reported
as being unrestrained or uncontrolled of its owner's premises.
RUNNING AT LARGE
Running about loose on the street, public highway, alley, park or
any other public land or upon property of persons other than the owners of
the dog or dogs, unleashed and unaccompanied by the owner or custodian or
by any member of his family or by any servant or agent of the owner of such
dog or dogs.
SEVERE INJURY
Any physical injury that results in broken bones or disfiguring lacerations
or such an injury as would be identified as "serious bodily injury" under
the Pennsylvania Crimes Code and case law, i.e., such injury which creates
a substantial risk of death or which causes serious, permanent disfiguration
or protracted loss or impairment of the function of any bodily member or organ.
It shall be unlawful for the owner of any dog or dogs to allow or permit
such dog or dogs to run at large in the City of Coatesville.
Any authorized animal control officer, police officer or other authorized
agent for the city may seize any dog found at large in the City of Coatesville.
Such dogs are to be impounded in a licensed kennel.
Any authorized animal control officer, police officer or other authorized
agent for the city shall notify the owner of a licensed dog by registered
or certified mail, with return receipt, that the dog is impounded and will
be disposed of in five days if not claimed. Five days after the return receipt
has been received, and the dog has not been claimed, the dog may be sold or
destroyed in accordance with 3 P.S. § 459-302, as it may be amended
from time to time.
Unlicensed dogs that are seized shall be held in such kennel for 48
hours and if not claimed may be destroyed in accordance with 3 P.S. § 459-303,
as it may be amended from time to time.
Dogs that, in the opinion of any police officer, constitute a threat
to public health and welfare may be killed by police.
A. The first two times a dog is seized, the owner shall
pay a fine of $15 to the City of Coatesville together with reasonable fees
incurred by the city for keeping the animal in a kennel.
B. Any person allowing a dog to run at large a third time
in violation of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 and, in default of payment, to imprisonment
for a term not to exceed 30 days.
In the event that a dangerous, vicious or potentially dangerous dog
is found running at large within the City of Coatesville, said dog may be
seized on sight, either in the daytime or at nighttime, by any authorized
animal control officer, police officer or other authorized agent for the city
and impounded. In such event, the owner or custodian of said dog or dogs shall
be notified of impoundment by registered mail or by personal service and shall
be given a period of 10 days to redeem such dog upon payment of all costs
assessed against such animal, including the cost of boarding the dog during
the period of impoundment, and on payment of the penalty hereafter set forth
for the violation of this article.
In the event that the owner or custodian of any dog seized and held
under the terms of this article shall not redeem such dog within 10 days of
the date of service of notice or posting of notice, the city, by its proper
officials, shall have authority to dispose of said dog by destruction in some
humane manner or to sell the same by public or private sale to such person
or persons as may desire to purchase the same to the benefit of the City of
Coatesville.
A. No person shall keep or harbor any dog in the City of
Coatesville 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 herein defined.
B. Any dogs 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, and it shall be unlawful for any owner or person having custody
of such animal to harbor it or permit it to commit such a nuisance.
A. Any person who observes an animal committing a nuisance
upon the premises of a person other than its owner or on a public street on
a public sidewalk may file with a District Justice a signed complaint, upon
oath, specifying the objectionable conduct of the animal and the name and
residence of the owner or other person harboring said animal.
B. Upon receipt of an affidavit of complaint, signed by
one or more residents of the city, made under oath before an individual authorized
by law to take sworn statements and setting forth the nature and the date
of the act, the owner of the animal, the address of the owner and description
of the animal doing such act, the designation of such dangerous dog shall
automatically be changed to "dangerous."
C. Any police officer or animal control officer who observes an animal committing those acts referred to in Subsection
A above shall institute summary proceedings by citation.
A. Any of the characteristics in the definition of "dangerous or vicious dogs," as defined in this article, automatically characterizes a dog as dangerous and no hearing is required. However, if any owner disagrees with the facts used to designate the dog as dangerous, he or she may request a hearing under the provisions of Subsections
C,
D and
E of this section.
B. Any of the characteristics in the definition of "potentially
dangerous dogs," as defined in this article, automatically characterizes a
dog as potentially dangerous. A record of each dog characterized as potentially
dangerous, including the name and address of the owner and the breed and age
of the dog, shall be kept with the City Animal Control Officer. Such dogs
must be confined or leashed at all times.
(1) Upon receipt by the City Council of three affidavits
of complaint against a potentially dangerous dog signed by one or more residents
of the city, made under oath before an individual authorized by law to take
sworn statements and setting forth the nature and the date of the act, the
owner of the animal, the address of the owner and the description of the animal
doing such act, the designation of such potentially dangerous dog shall automatically
be changed to "dangerous."
C. A determination hearing shall be conducted by the City
Council whenever there is cause to believe that a dog may be a dangerous animal
as defined in this article. Said hearing shall be conducted within five days
of serving notice to the owner by certified letter.
(1) Pending the outcome of such a hearing, the dog must be
securely confined in a humane manner either on the premises of the owner or
with a licensed veterinarian.
D. The City Council shall determine whether to declare the
animal to be a dangerous animal based upon evidence and testimony presented
at the time of the hearing by the owner, witnesses to any incident(s) which
may be considered germane to such a determination, Health Department personnel,
animal control personnel, police or any other person possessing information
pertinent to such determination.
E. The City Council shall issue written findings within
five days after the determination hearing. The owner or possessor of the animal
found to be dangerous by the hearing has the right to appeal the decision
within 30 days of receiving such decision to the District Magistrate.
F. Determination of dogs as dangerous. No dog may be declared
dangerous if the threat, injury or damage was sustained by a person who, at
the time, was committing a willful trespass or other tort upon the premises
occupied by the owner or keeper of the dog or was teasing, tormenting, abusing
or assaulting the dog or was committing or attempting to commit a crime.
The owner or keeper shall notify the city within 24 hours if a dangerous
dog is loose or unconfined, has attacked another animal or has attacked a
human being or has died, been sold or given away. If the dog has been sold
or given away, the owner or keeper shall provide the city with the name, address
and telephone number of the new owner, who must comply with the requirements
of this article.
Any dog which is characterized as a dangerous dog as a result of having
bitten someone shall only be permitted in public subject to a muzzle.
Any dangerous dog which has subsequently been identified as involved
in a second biting incident will have its license suspended and the owner
or custodian will have to immediately have the dangerous dog moved from the
City or seized by the Animal Control Officer or delivered directly to the
custody of the Chester County ASPCA.
A. While on the owner's property, a dangerous dog must be
confined indoors or in a securely enclosed and locked area suitable to prevent
the entry of young children and designed to prevent the animal from escaping.
Such pen or structure must have minimum dimensions of five by 10 feet and
must have secure sides and a secure top. If it has no bottoms secured to the
sides, the sides must be imbedded into the ground no less than two feet. Enclosure
must also provide protection from the elements for the dog.
B. The owner or keeper shall display a sign on his or her
premises warning that there is a dangerous dog on the property. The sign shall
be visible and capable of being read from a distance of 50 feet.
C. A dangerous dog may be off the owner's premises if it
is restrained by a substantial chain or leash, not exceeding six feet in length
and under the control of a responsible person. In circumstances where a dangerous
dog has bitten someone, the dog must be muzzled, and the muzzle must be made
in such a manner that it will not cause injury to the dog or interfere with
its vision or respiration but must be prevented from biting any person or
animal.
A. The owner or keeper of a dangerous dog shall present
to the city proof that the owner or keeper has liability insurance in the
amount of at least $50,000 covering a twelve-month period during which licensing
is sought. This policy shall contain a provision naming the city as an additional
insured for the sole purpose of the city being notified by the insurance company
of any cancellation, termination or expiration of the policy.
B. In lieu of the insurance identified above, the owner
or keeper of a dangerous dog may elect to post a bond payable in the amount
of $50,000 with the city to insure payment of damages or injuries which may
be caused by owner's or keeper's dangerous dog.
If the owner or the keeper of a dangerous dog within the city is a minor,
the parent and/or guardian of minor(s) shall be responsible for compliance
with the requirements of this article and shall be liable for injuries and
damages sustained by any person or domestic animal caused by the unprovoked
attack of the dog.
A. Any person who violates any provisions of this article
shall be subject to a fine of not less than $50 nor more than $600 and/or
imprisonment of up to 30 days.
B. In addition, any person violating provisions of this
article relating to dangerous dogs shall be subject to the following:
(1) Forfeiture of their bond.
The Police Department of the City of Coatesville shall, in addition
to the Animal Control Enforcement Officer, also have authority to enforce
the provisions of this article. However, the specific requirements of licensure
are the responsibility of the designated Animal Control Officer identified
by the City of Coatesville.
The procedures identified in this article are to be consistent with
and are intended to incorporate by reference the procedures as set forth in
the Dog Law, 3 P.S. §459-101 et seq. To the extent necessary, the City
Council will adopt rules and regulations by resolution to address any additional
necessary procedures, particularly if the city should, in accordance with
the Dog Law, determine that it will take over all aspects of enforcement of
the Dog Law pursuant to procedures available for such by Third Class Cities
in the Commonwealth of Pennsylvania. Nothing in this section shall be construed
to prohibit regulations supplementing the terms and provisions of the aforementioned
Dog Law, to the extent permitted by law.
The provisions originally numbered §§
72-13 through
72-32 shall be renumbered as §§
72-27 through
72-46, respectively.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
The provisions of this article are severable and, if any portion is
held by a court of competent jurisdiction to be in violation of federal or
state constitutional statute or statutory law, that portion is hereby repealed,
and the decision of the court will not affect or impair any of the remaining
provisions of this article. It is hereby declared to be the City Council's
intention that this article would have been adopted had such unconstitutional
or ultra vires provision not been included.