[HISTORY: Adopted by the Council of the City
of Easton 5-9-2007 by Ord. No. 4960 (Art. 1191 of the 1965 Codified Ordinances).
Amendments noted where applicable.]
In this chapter, the following definitions shall
apply:
Includes any description of vertebrate, excluding only homo
sapiens.
Any person authorized by the Bureau of Health to enforce
this chapter, whether employed directly with the Bureau of Health
or not.
Any facility operated, owned or maintained by a duly incorporated
humane society, animal welfare society or other nonprofit organization
or by or under contract with the City, whose purpose is to provide
for and promote the welfare, protection and humane treatment of animals.
Any horse which is used by its owner or other person to pull
any vehicle, carriage, sled, sleigh, wagon or other device. A horse
rented or leased by its owner to another for any of the foregoing
purposes shall be deemed a carriage horse for the purposes of this
chapter.
Any stable operated for profit which accommodates horses
for breeding, boarding, training, riding, sale and rental.
Includes any mare, gelding, pony, foal, colt, filly or stallion;
this also includes an ass, mule, donkey, hinny or jennet.
Rendered permanently incapable of reproduction, whether male
or female.
Includes corporations (both profit and nonprofit), partnerships
or associations as well as individuals.
[Amended 2-11-2009 by Ord. No. 5168]
Includes any facility, building or other premises whatsoever
at which horses are kept or from which they are let out for hire,
working, training or riding or from which horses are provided and
used to give instruction on riding or where horses are boarded. This
term shall include existing stables as well as those constructed hereafter.
Any horse offered to the public for a fee for the purpose
of riding or drawing a horse-drawn vehicle.
A person duly authorized by the State Board of Veterinary
Examiners to engage in the practice of veterinary medicine in the
Commonwealth of Pennsylvania.
Any animal, except a government-owned animal used for law
enforcement, which poses an imminent danger to humans or to domesticated
animals or which has been found by the Bureau of Health or an Animal
Control Agent to have a history of bites or attacks on humans or domesticated
animals.
A.
Responsibilities of various departments:
(1)
The Bureau of Health shall have primary responsibility
for the control of animals pursuant to this chapter.
(a)
There is hereby established, in the Bureau of
Health, Animal Control, which shall be responsible for the duties
of the Bureau of Health as described in this chapter. The Chief Health
Administrator or his Deputy may, if he chooses, contract out any or
all of the duties of the Animal Control.
(b)
The Bureau of Health shall authorize Animal
Control Officers to monitor and enforce the provisions of this chapter.
Animal Control Officers are empowered to enforce the provisions of
this chapter and shall issue orders or citations or impound animals
or otherwise act to enforce the provisions of the chapter or to act
as Animal Control Officers as designated in applicable state law.
(c)
The Bureau of Health shall promulgate regulations
for the issuance of licenses and set by regulation the requirements
and standards for the humane operation of businesses relating to animals
pursuant to this chapter. The Bureau of Health shall certify these
regulations to the Board of Health.
(d)
Upon notice of any violation of this chapter
or any regulation or standard promulgated thereunder, the Bureau of
Health or an Animal Control Officer shall conduct an inspection and,
when necessary, take appropriate action, including but not limited
to the issuance of fines as described in this chapter. The Bureau
of Health or an Animal Control Officer shall recommend to the Board
of Health suspension or revocation of licenses where appropriate.
(2)
The Bureau of Health shall issue licenses in accordance
with this chapter and the regulations promulgated thereunder. The
Bureau of Health may revoke or suspend licenses issued under this
chapter when appropriate or when requested by the Board of Health.
B.
The Center for Animal Health and Welfare. To monitor
the provisions and goals of this chapter, the Center for Animal Health
and Welfare will cooperate with the Bureau of Health.
(1)
The Center for Animal Health and Welfare shall have
the following responsibilities:
[Amended 2-11-2009 by Ord. No. 5168]
(a)
To advise the Chief Health Administrator or
his Deputy on matters related to animals and animal control.
(b)
To propose regulations for the implementation,
enforcement and administration of the provisions of this chapter.
(c)
To review, at least every two years, any City
contract or contracts relating to animals or animal control and to
make suggestions regarding those contracts to the Chief Health Administrator
or his Deputy and to the Board of Health.
(2)
The Chief Health Administrator shall assemble and
furnish to the Center for Animal Health and Welfare, upon request,
such records, documents and information on animals and animal control
as it finds necessary for the proper fulfillment of its responsibilities.
A.
Rental and carriage horse licenses.
(1)
No person shall use or offer the use of any horse in a rental riding or carriage horse business unless such horse shall be licensed by the Bureau of Health. The Bureau of Health, in conjunction with the Board of Health, shall promulgate regulations for the licensing of rental and carriage horses. The annual fee for a license or renewal of a license shall be specified in Chapter 285, Fees. No license shall be transferable. All applications for a license or the renewal of a license shall be accompanied by a health certificate signed and dated by the examining veterinarian.
[Amended 2-11-2009 by Ord. No. 5168]
(2)
Horses shall be sold or disposed of only in a humane
manner. The Bureau of Health shall be notified of the transfer of
ownership or other disposition of a licensed horse within 10 days
of the transfer or disposition. Upon the transfer of ownership of
any horse to a new owner, the new owner shall obtain a license for
such horse within 15 days after the date of the transfer of ownership.
(3)
Each horse licensed pursuant to this section shall
be assigned an official identification number by the Bureau of Health.
(4)
The certificate of licenses shall at all times remain
at the stable where the horse is kept and shall be available for inspection
by the Chief Health Administrator or his Deputy.
B.
Working conditions.
(1)
Owners shall ensure that appropriate and sufficient
food and drinking water are available for each horse and that, while
working, each horse is permitted to eat and drink at reasonable intervals;
provided, however, that horses shall not be allowed to drink in large
quantities unless first rested.
(2)
Owners shall not allow a horse to be worked on a public
highway, path or street when the temperature is over 94° F. or
during other dangerous conditions which are a threat to the health
or safety of the horse. A horse being worked when such conditions
develop shall be immediately returned to the stable by the most direct
route.
(3)
Carriage horses shall not be at work for more than
10 hours in any continuous twenty-four-hour period. Riding horses
shall not be at work for more than 10 hours in any twenty-four-hour
period. Riding horses shall be rested a minute of 15 minutes for every
riding hour. Carriage horses shall be rested a minute of 15 minutes
for every pulling hour. Daily records shall be maintained as prescribed
by regulation of the Bureau of Health, indicating the time and daily
activity of a rental horse, and shall be available for inspection
by the Chief Health Administrator or his Deputy.
(4)
Carriage horses shall not be driven at a pace faster
than a trot.
(5)
Saddles, blankets, harness, bridles and bits and any
other equipment shall be properly fitted and kept in good repair.
Blankets, bridles and bits shall not be used by another horse unless
first disinfected.
[Amended 2-11-2009 by Ord. No. 5168]
(6)
A rental horse or carriage horse which suffers from
any physical disability may be ordered to be removed from work until
such time as deemed appropriate by a veterinarian authorized or retained
by the Bureau of Health.
[Amended 2-11-2009 by Ord. No. 5168]
(7)
Horses shall not be left untethered or unattended
except when confined in a stable or other enclosure.
C.
Medical care.
(1)
Every horse required to be licensed under this section
shall be examined by a veterinarian prior to its use in a rental horse
or carriage business and thereafter at intervals of not less than
once a year. The horse shall be examined and treated for internal
parasites; for its general physical condition, which is to include
inspection of teeth, hoofs and shoes; and for its physical ability
to perform the work or duties required of it. The examination shall
also include a record of any injury, disease or deficiency observed
by the veterinarian at the time, together with any prescription or
humane correction or disposition of same. A health certificate provided
and signed by a veterinarian shall be maintained at the stable premises
at which such horse is located and shall contain the identification
number, age and condition of the horse, as well as the maximum number
of hours a day that, in the opinion of the veterinarian, said horse
shall work. A copy of said certificate shall be filed with the Center
for Animal Health and Welfare.
[Amended 5-14-2008 by Ord. No. 5088]
(2)
Horses shall be kept clean and in an ectoparasite
control program. Carriage horses shall be trimmed or shod as often
as necessary or appropriate.
D.
Removal from work. A horse required to be licensed
under this section which is lamed or suffers a physical condition
or illness making it unable to work may be ordered to be removed from
work by an Animal Control Officer or other designee of the Chief Health
Administrator. A horse for which such an order has been issued shall
not be returned to work until it has recovered from the condition
which caused the issuance of the order or until its condition has
improved sufficiently that its return to work will not aggravate that
condition or otherwise endanger the health of the horse. In any proceeding
under this section it shall be presumed that a horse which is found
at work within 48 hours after the issuance of an order of removal
and which is disabled by the same condition which caused such order
to be issued has been returned to work in violation of this section.
Such presumption may be rebutted by offering a certificate of a veterinarian
indicating suitability to return to work prior to the expiration of
the forty-eight-hour period.
E.
Further regulations to be promulgated. The Chief Health
Administrator or his Deputy shall promulgate such further regulations
which may be required to carry out the intent of this section or to
further safeguard the health and humane treatment of rental and carriage
horses.
A.
Commercial stable license.
(1)
No person shall own, operate, maintain or permit the
maintenance of a commercial stable on property which he owns, leases
or otherwise controls within the City of Easton unless a current license
for such commercial stable has been issued pursuant to this chapter.
(2)
Application for a commercial stable license shall
be made on forms provided by the Bureau of Health and shall include
the following:
(a)
Name of stable owner.
(b)
Address and telephone number of owner.
(c)
Tax identification number of owner.
(d)
Address of stable.
(e)
Number of stalls and maximum capacity.
(f)
Name, address and telephone number of stable
operator or manager, and an emergency telephone number where an agent
of the stable owner with access to the stable may be reached during
nonbusiness hours.
(g)
Payment of the application fee and the annual
fee, as required by the Public Health Code (the annual fee is refundable
if application refused).
(3)
The commercial stable license shall be posted at or
near the entrance to the location where the horses are kept. The licenses
shall be posted in an open and conspicuous manner and posted in a
reasonably accessible location such that the information printed on
the license may be easily read.
(4)
License holders shall promptly notify the Bureau of Health of any changes in the information required by Subsection A(2) of this section and shall post such changes in an open and conspicuous manner next to the commercial stable license.
(5)
Commercial stable licenses shall expire one year from the date of licensing. Applications for license renewal shall be made on forms provided by the Bureau of Health and shall include any changes in the information required by Subsection A(2) of this section, together with the annual renewal fee specified in Chapter 285, Fees, per stall or unit within which a single horse shall be accommodated.
[Amended 2-11-2009 by Ord. No. 5168]
(6)
Commercial stable licenses are not transferable.
(7)
The Bureau of Health and the Bureau of Codes and Inspections
must be notified of any planned renovations to stalls which increase
or decrease the maximum capacity of the stalls or change the size
or structure of the stalls.
(8)
Commercial stable license will not be issued unless
there is compliance with all requirements of applicable law and this
chapter. Commercial stable licenses may be revoked or temporarily
suspended for violation of applicable law or this chapter.
B.
Requirements of a commercial stable.
(1)
A commercial stable must employ a full-time operator
or manager. The operator or manager must be familiar with all applicable
laws and regulations.
(2)
A horse must be provided sufficient feed so that it
is maintained in "good flesh," which means that the horse scores a
minimum of four (or higher) on the Henneke Chart, as published in
the Equine Veterinary Journal (1983) 15(4), 371-372, and as included
as Exhibit A to this chapter.[1]
[Amended 2-11-2009 by Ord. No. 5168]
[1]
Exhibit A is located in the Bureau of Health.
(3)
A minimum of eight gallons of water per day, of a
quality suitable for human consumption, must be provided for each
horse.
(4)
Stables and stalls shall be kept clean and dry. For
stalls with concrete floors, bedding of straw, shavings or other suitable
material shall be provided in each stall.
(5)
Ventilation of 100 cfm/1,000 pounds of animal shall
be provided.
(6)
A sufficient number of harnesses, reins and bridles
shall be provided, all of which shall be clean, well-fitting and in
good working order so as not to cause injury to horse or rider.
(7)
Horses must be maintained in good health. In order to permit a horse to work, the horse must be free of disease, have a normal temperature of 98° F. to 102° F., be free of open sores, be wormed and inoculated as needed, not be lame, have good wind, good flesh [as defined in Subsection B(2)] and be broken to ride or drive.
(8)
Quarters for horses shall meet the following minimum
standards:
(a)
For a stable built prior to 1988: In all stalls,
horses must be able to stand up and lay down without difficulty, and
in the case of box stalls, horses must be able to turn around without
difficulty. Stalls must be high enough so that horses cannot reach
over but low enough for adequate ventilation. Stalls must be free
of any protrusions (such as nails, wires, or broken glass) that could
cause injury.
(b)
For new stables constructed on or after January
1, 1988, or stables that undergo renovations requiring issuance of
building permits:
[1]
Door and ceiling dimensions.
|
Door
|
Minimum Width
(feet)
|
Minimum Height
(feet)
| |
|---|---|---|---|
|
Stalls
|
4
|
8
| |
|
Small wheeled equipment
|
10
|
10
| |
|
Horse and rider
|
12
|
12
| |
|
Large equipment, horse and rider
|
16
|
16
|
[2]
Horses in open-front buildings must be provided
with a minimum sheltered floor space of 60 square feet per 1,000 pounds
live weight.
|
Ceiling
|
Minimum Height
(feet)
| |
|---|---|---|
|
Horse
|
8
| |
|
Horse and rider
|
12
|
[3]
Minimum dimensions of stalls including manger
(one stall per horse).
|
Box Stall Size
(feet)
|
Horse Size
|
Tie Stall Size
(feet)
| ||
|---|---|---|---|---|
|
Mature animal (mare or gelding)
|
10 x 10
|
Small
|
(do not use)
| |
|
10 x 10
|
Medium
|
5 x 9
| ||
|
10 x 10
|
Large
|
5 x 12
| ||
|
Brood mare
|
12 x 12
|
All sizes
|
(do not use)
| |
|
Foal to 2 years old
|
10 x 10
|
Average
|
4 x 9
| |
|
12 x 12
|
Large
|
5 x 9
| ||
|
Stallion
|
14 x 14
|
All sizes
|
(do not use)
| |
|
Pony
|
9 x 9
|
All sizes
|
3 x 6
|
(9)
Stallions must be worked daily or exercised daily
in a paddock at least two acres in size.
(10)
Stalls must be cleansed of manure daily. Manure shall
be removed, stored and disposed of as follows:
(a)
Dispose of manure daily when possible.
(b)
Provide temporary storage for manure that cannot
be disposed of daily. Temporary storage should be in an approved manure
pit or container, with a minimum storage capacity of eight cubic feet
per horse.
(c)
Locate the storage at least weekly. During fly
breeding season (spring temperatures above 65° F. until the first
killing frost in the fall) storage must be emptied at least every
three days.
(11)
No rider, driver, customer or other person shall knowingly
be permitted to cause lameness, open sore, whip marks, or to work
a horse unshod unpaved surfaces, or otherwise to mistreat or injure
any horse. No person convicted of cruelty to animals shall knowingly
be permitted to have access to any horse.
A.
Unless otherwise provided, the penalty for violation
of any section of this chapter is $50 for the first offense, $100
for the second offense, and $300 for each succeeding offense, and
imprisonment not exceeding 30 days if the fines and costs are not
paid within 10 days.
B.
Department orders. Orders requiring either action
or forbearance with the provisions of this chapter shall be issued
by the appropriate departments and agencies responsible for the implementation
of this chapter in accordance with the established procedures.
C.
Administrative enforcement and sanctions. Whenever
any licensed facility housing animals is found to be conducted in
a manner contrary to any provisions of this chapter, regulations promulgated
pursuant hereto, or any conditions of such license, the bureau finding
the violation or any Animal Control Officer shall notify the owner
or operator in writing that, unless the violation is corrected within
a specified period of time, the license may be suspended, revoked
or other sanctions under this chapter undertaken. Any person who shall
violate any provision of this chapter, any regulations adopted hereunder,
or any condition of any required license shall be subject to the following
sanctions, in addition to any other sanction or remedial procedure
imposed by statutes of the Commonwealth of Pennsylvania or acts of
the United States Government:
(1)
Closing of facilities. If the Bureau of Health determines
that it is in the best interest of the health, safety and welfare
of the City of Easton, that Bureau may issue an order closing the
offending facility until such time as compliance with this chapter
is attained.
(2)
Denial, revocation or suspension of license. The Board
of Health, upon recommendation of the Bureau of Health or upon its
own finding of violation of this chapter, may withhold, deny, revoke
or temporarily suspend for a period not to exceed one year any license
or permit issued or applied for in accordance with the provisions
of the chapter. The Bureau of Health may also withhold, deny, revoke
or temporarily suspend a license so issued upon a finding that the
licensee has been guilty of any of the following:
(a)
Violation of any provision of this chapter;
[Amended 2-11-2009 by Ord. No. 5168]
(b)
Material misstatement in the application for
a license or in the application for renewal thereof;
(c)
Aiding or abetting another in the violation
of this chapter or of any regulation made pursuant thereto; and
(d)
Allowing a license issued under this chapter
to be used by an unauthorized person.
(3)
Administrative hearing. Except for cases declared
by the Chief Health Administrator to constitute an immediate threat
to the health, safety or welfare of the City of Easton, closing of
facilities or denial, revocation or suspension of a license shall
not take place without an administrative hearing to be conducted by
the appropriate bureau pursuant to procedures established by that
bureau.
