You, Your Pet and the Law
In an effort to make people aware of all the laws which effect them and their pets, the SPCA has attempted to find and combine on this page, state and local laws. If you live in an area which has no listing, do not interpret this to mean you have no local ordinances. We do not represent this as being a complete listing. Every effort is being made to contact townships and boroughs in our area and we expect additions to this page weekly.
Pennyslvania State Law - Dog Law
Due to the fact that there are extensive laws dealing with dogs, kennels and so forth, we have chosen to only include those most pertinent for pet owners.
Section 201. APPLICATIONS FOR DOG LICENSES; FEES; PENALTIES
(a) GENERAL RULE - Except as provided in subsection
(b), on or before January 1 of each year, unless and until the department promulgates regulations establishing a system of dog license renewal on an annual basis throughout the calendar year, the owner of any dog, three months of age or older, except as hereinafter provided, shall apply to the county treasurer of his respective county or an agent under section
200(a), on a form prescribed by the department for a license for such dog. The application and license certificate shall state the breed, sex, age, color and markings of such dog, the name, address and telephone number of the owner and the year of licensure. The application shall be accompanied by the appropriate license fee as follows:
(1) For each neutered male dog and for each spayed female dog for which the certificate of a licensed doctor of veterinary medicine or the affidavit of the owner is produced, the license fee shall be $5.
. (2) For all other male and female dogs, the license fee shall be $7.
(3) For Pennsylvania residents 65 years of age or older and persons with disabilities: (i) For each neutered male dog and for each spayed female dog for which the certificate of a licensed doctor of veterinary medicine or the affidavit of the owner is produced, the license fee shall be $3. (ii) For all other male and female dogs, the license fee shall be $5.
(4) Compensation; if collected under the section 200(b), shall also be paid by all applicants, regardless of age or disability.
(b) LIFETIME LICENSE - The owner of any dog three months of age or older which has been permanently identified, may apply to the county treasurer of his respective county or an agent under section 200(a), on a form prescribed by the department for a lifetime license for such a dog. Except as otherwise provided in this act, a dog which has been issued a lifetime license shall be required to wear a license tag. The application and license certificate shall state the breed, sex, age, color and markings of such dog, the type and number of permanent identification, and the name, address and telephone number of the owner. The application shall be accompanied by the appropriate license fee as follows:
(1) For each neutered male dog and for each spayed female dog for which the certificate of a licensed doctor of veterinary medicine or the affidavit of the owner is produced, the lifetime license fee shall be $30.
(2) For all other male and female dogs, the license fee shall be $50.
(3) For Pennsylvania residents 65 years of age or older and persons with disabilities: (i) For each neutered male dog and for each spayed female dog for which the certificate of a licensed doctor of veterinary medicine or the affidavit of the owner is produced, the license fee shall be $20. (ii) For all other male and female dogs, the license fee shall be $30.
(4) Compensation, if collected under section 200(b), shall also be paid by all applicants, regardless of age or disability. A dog which has been issued a lifetime license prior to the effective date of this act shall not be subject to fees under this subsection.
(c) PENALTIES - A person who violates this section, commits a summary offense and, upon conviction, shall be sentenced to pay a fine of not less than $25 nor more than $300 for each unlicensed dog.
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Section 206. KENNELS
(a) APPLICATIONS, KENNEL LICENSE CLASSIFICATIONS AND FEES - Any person who keeps or operates a Class I, Class II, Class Ill, Class IV or Class V Kennel, Boarding Kennel Class I, Boarding Kennel Class II, Boarding Kennel Class Ill, or nonprofit kennel shall, on or before January 1 of each year, apply to the department for a kennel license. The application forms and kennel licenses shall be as designated by the secretary. A separate license shall be required for each type of kennel and every location at which a kennel is kept or operated. A kennel license is required to keep or operate any establishment that keeps, harbors, boards, shelters, sells, gives away or in any way transfers a cumulative total of 26 or more dogs of any age in any one calendar year. All kennel licenses shall expire December 31.
When two or more licensed kennels are operated by the same person at the same location, each kennel shall be inspected and licensed for each use.
Kennel Class I - To keep or operate a private kennel, pet shop kennel, research kennel, dealer kennel or breeding kennel for a cumulative total of 50 dogs or less of any age during a calendar year - $75 per year.
Kennel Class II - To keep or operate a private kennel, pet shop kennel, research kennel, dealer kennel or breeding kennel for a cumulative total of 51 to 100 dogs of any age during a calendar year - $200 per year.
Kennel Class 1II- To keep or operate a pnvate kennel, pet shop kennel, research kennel, dealer kennel or breeding kennel for a cumulative total of 101 to 150 dogs of any age during a calendar year - $300 per year.
Kennel Class IV - To keep or operate a private kennel, pet shop kennel, research kennel, dealer kennel or breeding kennel for a cumulative total of 151 to 250 dogs of any age during a calendar year - $400 per year.
Kennel Class V - To keep or operate a private kennel, pet shop kennel, research kennel, dealer kennel or breeding kennel for a cumulative total of 251 or more dogs of any age during a calendar year - $500 per year.
Boarding Kennel Class I - To keep or opeerte a boarding kennel having the capacity to accommodate a total of I to 10 dogs at any time during a calendar year - $100 per year.
Boarding Kennel Class II- To keep or operate a boarding kennel having the capacity to accommodate a total of 11 to 25 dogs at any time during a calendar year -$150 per year.
Boarding Kennel Class Ill - To keep or operate a boarding kennel having the capacity to accommodate a total of 26 or more dogs at any time during a calendar year - $250 per year.
Nonprofit Kennel - $25 per year.
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Section 302. SEIZURE AND DETENTION OF DOGS; COSTS; DOGS
(a) GENERAL RULE - It shall be the duty of every police officer, dog warden, employee of the deparment or animal control officer to detain any dog which is found running at large, either upon the public streets or highways of the Commonwealth, or upon the property of a person other than the owner of such dog, and unaccompanied by the owner or keeper. Every police officer, State dog warden, employee animal control officer may humanely kill any dog while at large and is deemed after due consideration by the police officer, warden, employee of the department or animal control officer to consititute a threat to the public health and welfare.
(b) LICENSED DOGS - The State dog warden, or employee of the department, the animal control officer, or the chief of police or his agents of any city, borough, town or township, the constable of any borough and the contable of any incorporated town or township shall cause any dog bearing a proper license tag or permanent identification and so seized and detained to be properly kept and fed any any licensed kennel approved by the secretary for such purposes and shall cause immediate notice, by registered or certified mail with return receipt requested, to the person in whose name the license was procured, or his agent, to claim such dog within five days after receipt thereof. The owner or claimant of a dog so detained shall pay a penalty of $15 to the political subdivision whose police officers make such seizures and detention and all reasonable expenses incurrred by reason of its detention to the detaining parties before the dog is returned. If five days after obtaining the postal return receipt, such dog has not been claimed, such chief of police, or his agent, or a constable, employee of the department shall dispense such to a humane society or association for the prevention. No dog so caught and detained shall be sold for the purpose of vivesection or research, or be conveyed in any manner for these purposes. Any monies derived from the sale of such dog, after deducting the expenses of detention, shall be paid through the Department Treasurer for credit to the Dog Law Restricted Account.
(c) UNLICENSED DOGS - Except as otherwise provided by section 305, any police officer, State dog warden,. employee of the department or animal control officer shall cause any unlicensed dog to be seized, detained, kept and fed for a period of 48 hours at any licensed kennel approved by the secretary for such purposes, except any dog seriously ill or injured, or forfeited with the owner's permission. Any person may view such detained dogs during normal business hours. Any unlicensed dogs remaining unclaimed after 48 hours may be humanely killed or given to a humane society or association for the prevention of cruelty to animals. No dog so caught and detained shall be sold for the purpose of vivisection, or research, or be conveyed in any manner for these purposes.
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Section 304. DOGS IN HEAT; CONFINEMENT THEREOF
It shall be unlawful for the owner or keeper of. any female dog to permit such female dog to go beyond the premises of such owner or keeper at any time she is in heat, unless such female dog is properly confined or under control.
Section 305. CONFINEMENT OF DOGS
It shall be unlawful for the owner or keeper of any dog to fail to keep at all times such dog either:
(1) Confined within the premises of the owner;
(2) Firmly secured by means of a collar and chain or other device so that it cannot stray beyond the premises on which it is secured; or
(3) Under the reasonable control of some person, or when engaged in lawful hunting, exhibition or field training.
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Section 502 of the act is amended to read:
Section 502. DOG BITES; DETENTION AND ISOLATION OF DOGS
(a) CONFINEMENT - Any dog which bites or attacks a human being shall be confined in quarters approved by a designated employee of the Department of Health, a State dog warden or employee of the Department of Agricutture, an animal control officer or a police officer. Such dog may be detained and isolated in an approved kennel or at the dog owner's property. Where such dog is detained is at the discretion of the investigating officer. All dogs so detained must be isolated for a minimum of ten days. Any costs incurred in the detaining and isolation of such dog shall be paid by the offending dog's owner. When the dog's owner is not known, the Commonwealth is responsible for all reasonable costs for holding and detaining such dog.
(b) BITE VICTIMS - The investigating officer shall be responsible for notifying the bite victim of the medical results of the offending dog's confinement. Any cost to the victim for medical treatment resulting from an attacking or biting dog must be paid fully by the owner of such dog. The Commonwealth shall not be liable for medical treatment costs to the victim.
(c) EXEMPTION - When a dog that bites or attacks a human being is a service dog or a police work dog in the perlormance of duties, said dog need not be confined if it is under the active supervision of a.licensed doctor of veterinary medicine.
Sections 501 -A, 502A and 503A of the act, added May 31, 1990 (P. L. 213, No.46), are amended to read: Section 502-A. REGISTRATION
(a) SUMMARY OFFENSE OF HARBORING A DANGEROUS DOG - Any person who has been attacked by one or more dogs, or anyone on behalf of such person, a person whose domestic animal has been killed or injured without provocation, the State dog warden or the local police officer may file a complaint before a district justice, charging the owner or keeper of such a dog with harboring a dangerous dog. The owner or keeper of a dog shall be guilty of the summary offense of harboring a dangerous dog if the district justice finds beyond a reasonable doubt that the following elements of the offense have been proven: (1) The dog has done one or more of the following: (I) Inflicted severe injury on a human being without provocation on public or private property. (ii) Killed or inflicted severe injury on a domestic animal without provocation while off the owner's property. (iii) Attacked a human being without provocation. (iv) Been used in the 06mmission of a crime. (2) The dog has either or both of the following: (i) A history of attacking human beings anWor domestic animals without provocation. (ii) A propensity to attack human beings andlor domestic animals without provocation. A propensity to attack may be proven by a single inddent of the conduct described in paragraphs (1 )(i), (ii)1 (iii) or (iv).
(3) The defendant is the owner or keeper of the dog.
(a. 1) EFFECT OF CONVICTION - A finding by a district justice that a person is guilty, under subsection (a), of harboring a dangerous dog shall constitute a determination that the dog is a dangerous dog for purposes of this act.
(b) REPORT OF CONVIICTION - The district justice shall make a report of a conviction under subsection (a) to the Bureau of Dog Law Enforcement1 identifying the convicted party, identifying and describing the dog or dogs end providing such other information as the bureau might reasonably require.
(c) CERTIFICATE REQUIRED - It is unlawful for an owner to have a dangerous dog without a certificate of registration issued under this article. This article shall not apply to dogs used by law enforcement officials for police work, certified guide dogs for the blind, hearing dogs for the deaf nor aid dogs for the handicapped.
(d) DISPOSITION OF DOG DURING COURT PROCEEDINGS - An owner or keeper of any dog who has been charged with harboring a dangerous dog shall keep such dog or dogs confined in a proper endosure or when off the property of the owner or keeper for purposes of veterinary care, muzzled and on a leash until such time a report is made under subsection (b). If an appeal of a decision under subsection (b) is filed, such dog or dogs shall remain so confined until such proceedings are completed. It shall be unlawful for an owner or keeper of a dog who has been charged with harboring a
dangerous dog to dispense the dog in any manner except to be humanely killed. A violation of this subsection shall constitute a summary offense accompanied by a fine of not less than $200. Section 5O3A. REQUIREMENTS
(a) ENCLOSURE AND INSURANCE - The department shall issue, upon payment of all fees under subsection (b), a certificate of registration to the owner of such animal within 30 days of notification5 in writing, by the department that the dog has been determined to be dangerous and that the owner presents sufficient evidence of:
(1) A proper enclosure to confine a dangerous dog and the posting of a premises with a dearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog.
(i) A surety bond in the amount of $50,000 issued by an insurer authorized to do business within this Commonwealth1 payable to any person injured by the dangerous dog; or (ii) A policy of liability insurance, such as homeowner's insurance, issued by an insurer authorized to do business within this Commonwealth in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog. The policy shall contain a provision requiring the secretary to be named as additional' insured for the sole purpose of being notIfied by the insurance company of cancellation, termination or expiration of the liability insurance policy.
(b) FEE - The registration fee for a dangerous dog certificate shall be $200.00 or such amount set by the department as may be necessary to cover the costs of issuing this registration and enforcing this section. This registration fee shall be in addition to any other fees collectable under this act and shall be credited to the Dog Law Restricted Account for the purpose of administering and enforcing this act.
(c) UNIFORM IDENTIFIABLE SYMBOL - The department shall have the authority to establish a uniform identifiable symbol for visual recognition of dangerous dogs. The "Ugh Dog" symbol developed by Animal-Vues may be adopted as the standard symbol to identify dangerous dogs.
(d) OTHER REQUIREMENTS - The owner shall sign a statement attesting that:
(1) The owner shall maintain and not voluntarily cancel the liability insurance required by this section during the period for which licensing is sought unless the owner ceases to own the dangerous dog prior to expiration of the licenses.
(2) The owner shall notify the Bureau of Dog Law Enforcement, the State dog warden and the local police department within 24 hours if a dangerous dog is on the loose, is unconfined, has attacked another animal, has attacked a human being, has died or has been sold or donated. If the dangerous dog has been sold or donated the owner shall also provide the Bureau of Dog Law Enforcement and the State dog warden with the name, address and telephone number of the new owner of the dangerous dog.
Section 504-A CONTROL OF DANGEROUS DOGS
It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muule shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal or, from destroying property with its teeth.
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The act is amended by adding a section to read:
Section 603. SELLING, BARTERING OR TRADING DOGS
(a) ILLEGAL TRANSFERS - It shall be unlawful to offer a dog as an inducement to purchase a product, commodity or service. The sale of a dog by a licensed kennel shall not be considered to be an inducement.
(b) ILLEGAL TO TRANSFER OWNERSHIP OF CERTAIN PUPPIES - It shall be unlawful to barter, trade1 raffle, sell, auction or in any way transfer ownership of a dog under seven weeks of age, unless the dog has been orphaned and it becomes necessary to transfer ownership of the orphaned dog to a nonprofit kennel, or from a nonprofit kennel with approval by a licensed doctor of veterinary medicine.
(c) ILLEGAL FOR CERTAIN PERSONS TO TRANSFER DOGS - It shall be unlawful for any person to buy, sell, transfer1 barter, trade, raffle, auction or rent a dog at any public place in this Commonwealth other than a kennel licensed pursuant to this act, or a dog show or field trial sponsored by a recognized breed or kennel association. If a purchase, sale, transfer, barter, trade, raffle, auction or rental of a dog occurs at or on the premises of a kennel, the transaction shall be unlawful unless one of the parties to the transaction is an employee, volunteer or other person acting as an authorized representative of the kennel.
Pennsylvania State Law - Cruelty to Animals - PA Crimes Code Section 5511
Title 18-Section 5511 Pennsylvania Anti-Cruelty Law As of 2/96
(a) Killing, maiming or poisoning domestic animals or zoo animals, etc.--
(1) A person commits a misdemeanor of the second degree if he willfully and maliciously:
(i) Kills, maims or disfigures any domestic animal of another person or domestic fowl of another person.
(ii) Administers poison to or exposes any poisonous substance with the intent to administer such poison to any domestic animal of another person or domestic fowl of another person.
(iii) Harasses, annoys, injures, attempts to injure, molests or interferes with a dog guide for an individual who is blind, a hearing dog for an individual who is deaf or audibly impaired or a service dog for an individual who is physically limited. Any person convicted of violating the provisions of this paragraph shall be sentenced to pay a fine of not less than $500.
(2) A person commits a felony of the third degree if he willfully and maliciously:
(i) Kills, maims or disfigures any zoo animal in captivity.
(ii) Administers poison to or exposes any poisonous substance with the intent to administer such poison to any zoo animal in captivity.
(2.1) (i) A person commits a misdemeanor of the second degree if he willfully and maliciously:
(A) Kills, maims, mutilates, tortures or disfigures any dog or cat, whether belonging to himself or otherwise.
(B) Administers poison to or exposes any poisonous substance with the intent to administer such poison to any dog or cat, whether belonging to himself or otherwise.
(ii) Any person convicted of violating the provisions of this paragraph shall be sentenced to pay a fine of not less than $1000 or to imprisonment for not more than two years, or both. A subsequent conviction under this section shall be a felony of the third degree. This paragraph shall apply to dogs and cats only.
(iii) The killing of a dog or cat by the owner of the animal is not malicious if it is accomplished in accordance with the act of December 22, 1983 (P.L.303, No.83), referred to as the Animal Destruction Method Authorization Law.
(3) This section shall not apply to:
(i) the killing of any animal taken or found in the act of actually destroying any domestic animal or domestic fowl;
(ii) the killing of any animal or fowl pursuant to the act of June 3, 1937 (P.L.1225, No.316), known as The Game Law, or 34 Pa.C.S. §2384 (relating to declaring dogs public nuisances) and §2385 (relating to the destruction of dogs declared public nuisances), or the regulations promulgated thereunder; or
(iii) such reasonable activity as may be undertaken in connection with vermin control or pest control.
(b) Regulating certain actions concerning fowl or rabbits.-- A person commits a summary offense if he sells, offers for sale, barters, or gives away baby chickens, ducklings, or other fowl, under one month of age, or rabbits under two months of age, as pets, toys, premiums or novelties or if he colors, dyes, stains or otherwise changes the natural color of baby chickens, ducklings or other fowl, or rabbits or if he brings or transports the same into this Commonwealth. This section shall not be construed to prohibit the sale or display of such baby chickens, ducklings, or other fowl, or such rabbits, in proper facilities by persons engaged in the business of selling them for the purpose of commercial breeding and raising.
(c) Cruelty to animals.--A person commits a summary offense if he wantonly or cruelly ill-treats, overloads, beats, otherwise abuses any animal, or neglects any animal as to which he has a duty of care, whether belonging to himself or otherwise, or abandons any animal, or deprives any animal of necessary sustenance, drink, shelter or veterinary care, or access to clean and sanitary shelter which will protect the animal against inclement weather and preserve the animal's body heat and keep it dry. This subsection shall not apply to activity undertaken in normal agricultural operation.
(d) Selling or using disabled horse.--A person commits a summary offense if he offers for sale or sells any horse, which by reason of debility, disease or lameness, or for other cause, could not be worked or used without violating the laws against cruelty to animals, or leads, rides, drives, or transports any such horse for any purpose, except that of conveying the horse to the nearest available appropriate facility for its humane keeping or destruction or for medical or surgical treatment.
(e) Transporting animals in a cruel manner.--A person commits a summary offense if he carries, or causes, or allows to be carried in or upon any cart, or other vehicle whatsoever, any animal in a cruel or inhumane manner. The person taking him into custody may take charge of the animal and of any such vehicle and its contents, and deposit the same in some safe place of custody, and any necessary expenses which may be incurred for taking charge of and keeping the same, and sustaining any such animal, shall be a lien thereon, to be paid before the same can lawfully be recovered, or the said expenses or any part thereof remaining unpaid may be recovered by the person incurring the same from the owner of said creatures in any action therefor. For the purposes of this section, it shall not be deemed cruel or inhumane to transport live poultry in crates so long as not more than 15 pounds of live poultry are allocated to each cubic foot of space in the crate.
(f) Hours of labor of animals.--A person commits a summary offense if he leads, drives, rides or works or causes or permits any other person to lead, drive, ride or work any horse, mare, mule, ox, or any other animal, whether belonging to himself or in his possession or control, for more than 15 hours in any 24 hour period, or more than 90 hours in any one week. Nothing in this subsection contained shall be construed to warrant any persons leading, driving, riding or walking any animal a less period than 15 hours, when so doing shall in any way violate the laws against cruelty to animals.
(g) Cruelty to enhance appearance of udder.--A person commits a summary offense if he kneads or beats or pads the udder any cow, or willfully allows it to go unmilked for a period of 24 hours or more, for the purpose of enhancing the appearance or size of the udder of said cow, or by a muzzle or any other device prevents its calf, if less than six weeks old, from obtaining nourishment, and thereby relieving the udder of said cow, for a period of 24 hours.
(h) Cropping ears of dog; prima facie evidence of violation.--A person commits a summary offense if he crops or cuts off, or causes or procures to be cropped or cut off, the whole, or part of the ear or ears of a dog or shows or exhibits or procures the showing or exhibition of any dog whose ear is or ears are cropped or cut off, in whole or in part, unless the person showing such dogs has in his possession either a certificate of veterinarian stating that such cropping was done by the veterinarian or a certificate of registration from a county treasurer, showing that such dog was cut or cropped before this section became effective. The provisions of this section shall not prevent a veterinarian from cutting or cropping the whole or part of the ear or ears of a dog when such dog is anesthetized, and shall not prevent any person from causing or procuring such cutting or cropping of a dog's ear or ears by a veterinarian. The possession of any person of a dog with an ear or ears cut off or cropped and with the wound resulting therefrom unhealed, or any such dog being found in the charge or custody of any person or confined upon the premises owned by or under the control of any person, shall be prima facie evidence of a violation of this subsection by such person except as provided for in this subsection. The owner of any dog whose ear or ears cut off or cropped before this section became effective may, if a resident of this Commonwealth, register such dog with the treasurer of the county where he resides, and if a non-resident of this Commonwealth, with the treasurer of any county of this Commonwealth, by certifying, under oath, that the ear or ears of such dog were cut or cropped before this section became effective, and the payment of a fee of $1 into the county treasury. The said treasurer shall thereupon issue to such person a certificate showing such dog to be a lawfully cropped dog.
(h.1) Animal fighting.--A person commits a felony of the third degree if he: (1) for amusement or gain, causes, allows or permits any animal to engage in animal fighting; (2) receives compensation for the admission of another person to any place kept or used for animal fighting; (3) owns, possesses, keeps, trains, promotes, purchases or knowingly sells any animal for animal fighting; (4) in any way knowingly encourages, aids or assists therein; (5) wagers on the outcome of an animal fight; (6) pays for admission to an animal fight or attends an animal fight as a spectator; or (7) knowingly permits any place under his control or possession to be kept or used for animal fighting. This subsection shall not apply to activity undertaken in a normal agricultural operation.
(i) Power to initiate criminal proceedings.--An agent of any society or association for the prevention of cruelty to animals incorporated under the laws of this Commonwealth, shall have the same powers to initiate criminal proceedings provided for police officers by the Pennsylvania Rules of Criminal Procedure. An agent of any society or association for the prevention of cruelty to animals, incorporated under the laws of this Commonwealth, shall have standing to request any court of competent jurisdiction to enjoin any violation of this section.
(j) Seizure of animals kept or used for animal fighting.--Any police officer or agent of a society or association for the prevention of cruelty to animals incorporated under the laws of this Commonwealth, shall have the power to seize any animal kept, used, or intended to be used for animal fighting. When the seizure is made, the animal or animals so seized shall not be deemed absolutely forfeited, but shall be held by the officer or agent seizing the same until a conviction of some person is first obtained for a violation of subsection (h.1). The officer or agent making such seizure shall make due return to the issuing authority, of the number and kind of animals or creatures so seized by him. Where an animal is thus seized, the police officer or agent is authorized to provide such care as is reasonably necessary, and where any animal thus seized is found to be disabled, injured or diseased beyond reasonable hope of recovery, the police officer or agent is authorized to provide for the humane destruction of the animal. In addition to any other penalty provided by law, the authority imposing sentence upon conviction for any violation of subsection (h.1) shall order the forfeiture or surrender of any abused, neglected or deprived animal of the defendant to any society or association for the prevention of cruelty to animals duly incorporated under the laws of this Commonwealth and shall require that the owner pay the cost of the keeping, care and destruction of the animal.
(k) Killing homing pigeons.--A person commits a summary offense if he shoots, maims or kills any antwerp or homing pigeon, either while on flight or at rest, or detains or entraps any such pigeon which carries the name of its owner.
(l) Search Warrants.--Where a violation of this section is alleged, any issuing authority may, in compliance with the applicable provisions of the Pennsylvania Rules of Criminal Procedure, issue to any police officer or any agent of any society or association for the prevention of cruelty to animals duly incorporated under the laws of this Commonwealth a search warrant authorizing the search of any building or any enclosure in which any violation of this section is occurring or has occurred, and authorizing seizure of evidence of the violation including, but not limited to, the animals which were the subject of the violation. Where an animal thus seized is found to be neglected or starving, the police officer or agent is authorized to provide such care as is reasonably necessary, and where any animal thus seized is found to be disabled, injured or diseased beyond reasonable hope of recovery, the police officer or agent is authorized to provide for the humane destruction of the animal. The cost of keeping, care and destruction of the animal shall be paid by the owner thereof and claims for the cost shall constitute a lien upon the animal. In addition to any other penalty provided by law, the authority imposing sentence upon a conviction for any violation of this section may require that the owner pay the cost of keeping, care and destruction of the animal. No search warrant shall be issued based upon alleged violation of this section which authorizes any police officer or agent or other person to enter upon or search premises where scientific research work is being conducted by, or under the supervision of, graduates of duly accredited scientific schools or where biological products are being produced for the care or prevention of disease.
(m) Forfeiture.-- In addition to any other penalty provided by law, the authority imposing sentence upon a conviction for any violation of this section may order the forfeiture or surrender of any abused, neglected or deprived animal of the defendant to any society or association for the prevention of cruelty to animals duly incorporated under the laws of this Commonwealth.
(m.1) Fine for summary offense.--In addition to any other penalty provided by law, a person convicted of a summary offense under this section shall pay a fine of not less than $50 nor more than $750 or to imprisonment for not more than 90 days, or both.
(n) Skinning of and selling or buying pelts of dogs and cats.--A person commits a summary offense if he skins a dog or cat or offers for sale or exchange or offers to buy or exchange the pelt or pelts of any dog or cat.
(o) Representation of humane society by attorney.--Upon prior authorization and approval by the district attorney of the county in which the proceeding is held, an association or agent may be represented in any proceeding under this section by any attorney admitted to practice before the Supreme Court of Pennsylvania and in good standing. Attorney's fees shall be borne by the humane society or association which is represented.
(o.1) Construction of section.--The provisions of this section shall not supersede the act of December 7, 1982(P.L.784, No.225) known as the Dog Law.
(p) Applicability of section.--This section shall not apply to, interfere with or hinder any activity which is authorized or permitted pursuant to the act of June 3, 1937 (P.L.1225, No.316), known as The Game Law or Title 34 (relating to game).
(q) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection: "Animal fighting." Fighting or baiting any bull, bear, dog, cock or other creature. "Audibly impaired." The inability to hear air conduction thresholds at an average of 40 decibels or greater in the better ear. "Blind." Having visual acuity of 20/200 or less in the better eye with correction or having a limitation of field of vision such that the widest diameter of the visual field subtends an angular distance not greater than 20 degrees. "Deaf." Totally impaired hearing or hearing with or without amplification which is so seriously impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling or reading. "Domestic animal." Any dog, cat, equine animal, bovine animal, sheep, goat or porcine animal. "Domestic fowl." Any avis raised for food, hobby or sport. "Normal agricultural operation." Normal activities, practices and procedures that farmers adopt, use or engage in year after year in the production and preparation for market of poultry, livestock and their products in the production and harvesting of agricultural, agronomic, horticultural, silvicultural and aquicultural crops and commodities. "Physically limited." Having limited ambulation, including, but not limited to, a temporary or permanent impairment or condition that causes an individual to use a wheelchair or walk with difficulty or insecurity, affects sight or hearing to the extent that an individual is insecure or exposed to danger, causes faulty coordination or reduces mobility, flexibility, coordination or perceptiveness. "Zoo animal." Any member of the class of mammalia, aves, amphibia, or reptilia which is kept in a confined area by a public or private individual for purposes of observation by the general public.
5511.1 Live animals as prizes prohibited. (a) General rule.--No person shall give or offer to give away any live animal, except fish, as a prize in any drawing, lottery, contest, sweepstakes or other game. (b) Exception.-- (1) This section shall not apply to any domestic animal given away in connection with any agricultural, educational or vocational program sponsored or sanctioned by the Department of Agriculture. (2) The Department of Agriculture shall promulgate the rules and regulations necessary to provide the conditions and requirements of live animal offerings under this subsection. (c) Construction of section.--The provisions of this section shall not supersede the act of December 7, 1982 (P.L.784, No. 225), known as the Dog Law. (d) Penalty.--A violation of this section constitutes a summary offense punishable by a fine of not more than $250.
ORDINANCE NO. 1140
AN ORDINANCE MAKING IT UNLAWFUL TO PERMIT DOGS, CATS OR OTHER DOMESTICATED ANIMALS OR NON-DOMESTICATED ANIMALS TO RUN AT LARGE; TO PERMIT DOGS, CATS OR OTHER DOMESTICATED ANIMALS OR NON-DOMESTICATED ANIMALS TO MAKE CERTAIN NOISES SO AS TO ANNOY ANY PERSON; AND TO PERMIT DOGS, CATS OR OTHER DOMESTICATED ANIMALS OR NON-DOMESTICATED ANIMALS TO DEFILE AND BEFOUL PROPERTY, ALL IN THE BOROUGH OF CLEARFIELD AND IMPOSING PENALTIES THEREFOR.
BE IT ENACTED AND ORDAINED by the Clearfield Borough Council, Clearf ield County, Pennsylvania, and it is hereby enacted and ordained as follows:
SECTION 1. It shall be unlawful for the owner, custodian or keeper of any dog, cat or other domesticated animal or any non-domesticated animal to allow such dog, cat or other domesticated animal or non-domesticated animal to run at large at anytime, either upon any of the public streets, alleys, highways or public grounds in the Borough of Clearfield, or upon the property of a person other than the owner, custodian or keeper of such dog, cat or other domesticated animal or non-domesticated animal.
SECTION 2. It shall be unlawful for the owner, custodian or keeper of any dog, cat or other domesticated animal or non-domesticated animal to allow such dog, cat or other domesticated animal or non-domesticated an1mal upon the property of a person other than the owner, custodian or keeper of such dog, cat or other domesticated animal or non-domesticated animal unless accompanied by the owner, custodian or keeper of such dog, cat or other domesticated animal or non-domesticated animal and under the immediate control of such owner, custodian or keeper of such dog, cat or other domesticated animal or non-domesticated animal.
SECTION 3. It shall be unlawful for the owner, custodian or keeper of any dog, cat or other domesticated animal or non-domesticated animal confined to that person's premises to allow such dog, cat or other domesticated animal or non-domesticated animal to make any loud or harsh noises or distrubance which interfere with or deprive the peace, quiet, rest or sleep of any person within the Borough of Clearfield.
SECTION 4. It shall be unlawful for the owner, custodian or keeper of any dog, cat or other domesticated animal or non-domesticated to allow such dog, cat or other domesticated animal or non-domesticated animal under his or her control to defile, befoul, corrupt or otherwise desecrate any sidewalk, walkway or the property of another unless such owner, custodian or keeper shall promptly correct such condition or cause the correction thereof.
SECTION 5. It shall be unlawful for the owner, custodian or keeper of any dog, cat or other domesticated animal or non-domesticated animal to allow such dog, cat or other domesticatedanimal or non domesticated animal under his or her control to destroy or damage the property of another.
SECTION 6. Any person found in violation of any of the provisions of this Ordinance shall, on conviction thereof, be sentenced to pay a fine of not less than Twenty-Five ($25.00) Dollars nor more than Three Hundred ($300.00) Dollars and all costs of prosecution for each and every offense, and in default of such fine and costs, to imprisonment for not more than ten (10) days in the Clearfield County Jail.
SECTION 7. Each and every incident or occasion in which a violation of any of the provisions of this Ordinance exists shall constitute a separate violation and offense.
SECTION 8. This Ordinance shall not provide an exclusive remedy nor shall the provi8ions hereof be a bar to proceedings under or actions to enforce any statute then in force.
SECTION 9. Ordinance No.967 adopted May 3, 1968 is hereby repealed and all other Ordinances or parts of Ordinances inconsistent herewith are repealed to the extent of such inconsistency. ORDAINED in Council this 17th day of April, 1986
Chapter 18
DOGS
ARTICLE I
Running at Large
§ 18.1. Running at large prohibited.
§ 18-2. Seizure and impoundment.
§ 18-3. Notice to owner; reclaiming.
§ 18-4. Violations and penalties.
§ 18-5. Repealer.
ARTICLE II
Curbing § 18-8. Procedure; removal of feces
§ 18-7. Violations and penalties.
§ 18-8. Severability.
[HISTORY: Adopted by the Borough of Clearfield: Article 1,5-3-88 as Ord. No.967; Atticle II, 8-16-79 as Ord. No.1098. Amendments noted where applicable.1
The Borough of Clearfield hereby ordains as follows:
ARTICLE I Running at Large [Adopted 5-3-88 as Ord. No. 961J § 18-1. Running at large prohibited.
It shall be unlawful for the owner, custodian or keeper of any dog bearing the current license tag to allow such dog to run at large at any time, either upon any of the streets, alleys or public grounds in the Borough of Clearfield or upon the property of another other than the owner, custodian or keeper of such dog, unless accompanied by or under the immediate control of such owner, custodian or keeper.
§ 18-2. SeIzure and impoundment. It shall be the duty of the Dog Law Enforcement Officer of the borough who witnesses any dog running at large, in conflict with the provisions of § 18-1, or who received information of any dog so running at large to seize such dog and convey it to the place designated by the Borough Council as a pound.
§ 18-3. Notice to owner; reclaiming. Notice of such seizure shall be sent to the owner of such dog in the manner prescn~ed by law, snd such dog may be redeemed by the owner thereof within the time specified by law upon payment of the charges incurred by reason of such detention. Rates for such charges shall be as determined from time to time by the Borough Council.
§ 18-i. Violation. and penalties. Any owner, custodian or keeper of any dog who shall violate any provision of § 18-1 may, upon conviction thereof before the Mayor or any Justice of the Peace of the borough, be 8entenced to pay a fine of not more than five dollars ($5.) and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than five (5) days In the borough lockup or the county jail, provided that such fine and costs may be in addition to any payments requfred to be made under §§ 18-2 and 18-3 hereot
§ 18-5. Repealer. All other ordinances or parts of ordinances inconsistent herewith and contrary hereto are repealed and, more particularly, the ordinances enacted April 23, 1900, July 20, 1903, and April 3, 1957, being Ordinances Nos. 12, 184 and 745, respectively.
ARTICLE II Curbing [Adopted 8-16-79 as Ord. No.1098]
§ 18-6. Procedure; removal of feces.
No person, agency or institution owning, harboring, keeping or in charge of any dog or dogs shall cause, suffer or allow such dog or dogs to soil, defile, defecate or commit any nuisance upon any public or private property whatsoever, except with the express authority or permission of the owner of sald property. The restriction in this section shall not apply to the portion of the street lying between the curblines or the curbline and the sidewalk, which may be used to curb such dogs under the following conditions:
A. Any person, agency or institution which owns a dog within the borough shall not permit such dog to be unattended within the borough and shall require that sald dog be restrained by a leash or other appropriate device which, for the purpose of this ordinance, shall be "curbing"; and
B. Any person who so curbs a dog shall immediately remove all feces deposited by such dog by a sanitary method, and same shall be deposited in the owner's garbage or in some other sanitary manner. The deposit shall be properly wrapped, packaged or protected as to prevent unsightly disposal or smell or Interference with the health and welfare of the borough.
§ 18-7. Violations and penalties.
Any person or persons convicted of violating this ordinance shall be subject to a fine not to exceed two hundred dollars ($200.) plus the cost of prosecution and/or undergo imprisonment for a term not to exceed thirty (30) days.
£ 18-8.Severability. Should any section or provision of this oidinancs be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any other part thereof.
AN ORDINANCE 32
PROHIBITING THE RUNNING AT LARGE OF DOGS CATS, OR OTHER ANIMALS IN NATURE OF PETS UPON THE STREETS OR HIGHWAYS OF THE TOWNSHIP OF LAWRENCE, CLEARFIELD COUNTY, PENNSYLVANIA, OR UPON THE PRIVATE PROPERTY 0F ANY PERSONS OTHER THAN THE OWNERS OF SUCH ANIMALS; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF
BE IT ORDAINED and ENACTED by THE Board of Supervisors of THE Township of Lawrence, Clearfield County, Pennsylvania that
SECTION 1. From and after THE effective date of this Ordinance it shall be unlawful for any person or persons to permit any dog, cat or other animal in THE nature of a pet owned by him or them, or under his or their supervision or control to run at large either upon THE public streets or highways of the Township of Lawrence, upon the private property of any other person or persons, or upon the property other than property belonging to the owner or owners of such animals or to persons under whose supervision or control such animals are being kept.
SECTION 2. That any person or persons owning or having supervision or control of any dog, cat or other animal in the nature of a pet which is found running at large in violation of section 1 hereof, shall, upon conviction thereof before a Justice of the Peace, be fined not more than Ten Dollars ($l0.00) and in default of payment of said fine, shall be committed to the County Jail for a period not to exceed five days.
SECTION 3. The provisions of this Ordinance shall apply to all dogs, cats and other animals in the nature of pets found running at large in violation of Section 1 hereof, irrespective of payment for, or issuance of, any license in respect to the animals involved.
SECTION 4. All ordinances or parts of ordinances conflicting with the provisions of this Ordinance are hereby repealed to the extent of such conflicting provisions.
ORDAINED AND ENACTED this 1 day of June, 1961
ORDINANCE No.94-6
AN ORDINANCE OF THE BOARD OF SUPERVISORS OP LAWRENCE TOWNSHIP PROHIBITING THE KEEPING OF ANIMALS MAKING DISTURBING NOISES, PRESCRIBING PENALTIES FOR VIOLATION AND MAKING CERTAIN EXCEPTIONS. The Board of Supervisors of Lawrence Township hereby ordains as follow.;
Section 1. Intent and Puirpose. The Board of Supervisors of Lawrence Township, finding that excessive levels of sound are detrimental to the physical, mental, and social well-being of the people as well as to their comfort, living conditions, general welfare and safety and being therefore a public health and welfare hazard, hereby declares it to be necessary to provide for the greater control and more effective regulation of excessive sound and the sources of excessive sound within Lawrence Township.
Section 2. Noise Disturbance. It shall be illegal within Lawrence Township for any person or persons to own, possess, harbor, or control any animal or bird which makes any noise continuously and/or incessantly for a period of ten minutes or makes such noise intermittently for one-half hour or more to the disturbance of any person at any time of the day regardless of whether the animal or bird is a nuisance; provided that at the time the animal or bird is making such noise no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated nor is there any other legitimate cause which justifiably provoked the animal or bird.
Section 3. Exceptions. This ordinance shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from nuisance suits by Act No. 1982-133.
Section 4. Penalties. Any person, firm or corporation who shall violate any provision of this ordinance, shall, be liable for a civil penalty in the amount of three hundred ($300.00) dollars for the first violation and six hundred ($600.00) dollars for each violation thereafter.
Section 5. Enforcement. This ordinance shall be enforced as follows: A. Violations of the ordinance shall be enforced by the Lawrence Township police, the Lawrence Township Animal Enforcement Officer, or the Lawrence Township Code Enforcement Officer, who shall determine in each instance whether a violation has occurred under the ordinances hereinafter set forth. Upon determining that a violation has occurred, the officer shall impose the aforesaid civil penalty (ies) upon the violator. B. That the officer shall serve the penalty assessment upon the violator by personal service or certified mail. C. That in the event the penalty is not paid within thirty (30) days after the receipt of the penalty assessment by the violator, the officer shall file a civil complaint before the District Magistrate to enforce the penalty
. Section 6. Repealer. All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
Section 7. Severability. If any sentence, clause, section, or part of this ordinance is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clause., sections or parts of this ordinance. It is hereby declared as the intent of the Board of Supervisors of Lawrence Township that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
Section 8. Effective Date. This ordinance shall become effective on immediately. October 1, 1996 THIS ORDINANCE ADOPTED at the regular meeting of Lawrence Township immediately.
ORDINANCE NO.0-96-09 (
DOG AND CAT ORDINANCE
TOWNSHIP OFCOLLEGE, CENTRE COUNTY, PA
BE IT ENACTED, AND IT HEREBY IS ENACTED BY THE COUNCIL OF COLLEGE TOWNSHIP TO REVISE COLLEGE TOWNSHIP ORDINANCE 100, CHAPTER 95 DOGS, AS FOLLOWS:
SECTION 1 TITLE
This ordinance shall be known as the "College Township Dog and Cat Ordinance".
SECTION 2 AUTHORIZATION
This Ordinance is authorized by Second Class Township Code Section 1529 (Nuisances); 1530 (Regulation of Dogs); 1527 (Public Safety); 1506 (General Powers). The contents of this Ordinance shall accompany but shall not supersede any laws of the Commonwealth of Pennsylvania.
SECTION 3 DEFINITIONS
CAT OWNER - when applied to the proprietorship of a cat, means every person having a right of property in any cat, and every person who keeps or harbors any cat or has it in his/her care, and every person who permits any cat to remain on or about any premises occupied by him/her.
CONTINUOUS BARKING - sustained barking by a dog.
DOG ENFORCEMENT OFFICER - any municipal dog control officer, state dog warden, agents of animal control organizations, or any duly sworn law enforcement officer authorized to enforce the laws of the Commonwealth of Pennsylvania and ordinances of the Township of College.
DOG OWNER - when applied to the proprietorship of a dog, means every person having a right of property in any dog, and every person who keeps or harbors any dog or has it in his/her care, and every person who permits any dog to remain on or about any premises occupied by him/her.
KEEPER - any person who shall possess, maintain, house or harbor any dog. or otherwise have custody of any dog, whether or not the owner of such dog, whether for compensation or otherwise.
ORDINANCE ENFORCEMENT OFFICER - Ordinance Enforcement Officer of the Township of College, Centre County, PA.
POLICE OFFICER - any person employed or elected by this Commonwealth or by any municipality whose duty is to preserve peace or to make arrests or to enforce the law. The term includes state constabulary, dog, game. fish and forest wardens.
PREMISES - a tract of land, including buildings.
REPETITIVE BARKING - barking by a dog at frequent intervals.
SECTION 4 CONFINEMENT AND CONTROL
In accordance with the Pennsylvania Dog Law Section 305.
SECTION5 EXCESSIVE BARKING
A. It shall be unlawful for any owner or keeper to harbor any dog which barks repetitively during any given one hour period, or which barks continuously for a period of fifteen consecutive minutes or more, and which is audible on any adjacent property or public right-of-way.
B. Upon the first and second offenses the dog owner or keeper shall be given Written warning notices by personal service or certified mail, return receipt requested.
It shall be a condition precedent to any enforcement proceeding to show that two written warnings were issued to the dog owner or keeper within the previous twelve (12) month period.
SECTION 6 CURBING OF DOGS AND REMOVAL OF FECES
A. The owner or keeper shall immediately remove and dispose of all feces deposited by any dog on private or public property not under the control of the owner or keeper of such dog. Owner or keeper shall dispose of feces in a sanitary manner. 1.It shall be unlawful for any owner or keeper of any dog to allow feces to accumulate on private property, owned or controlled by the owner or keeper, to a level which is detrimental to the health, safety or welfare of persons or property, as determined by the College Township Ordinance Enforcement Officer or Police Officer conducting the investigation of the property.
2. The owner of any property where dog feces has been allowed to accumulate to a level which is detrimental to the health, safety or welfare of persons or property, as determined by the College Township Ordinance Enforcement Officer or Police Officer conducting the investigation of the property, shall be ordered to remove and dispose of such accumulation of feces in a sanitary manner within a period of five (5) days.
3. Notice to such property owner shall be provided in writing to the dog owner or keeper by: a) personal service or b) by certified mail, return receipt requested sent to the dog owner or keeper. If the dog owner is not available, notice may be given by posting the property at a conspicuous place. Each five (5) day period alter service or posting of notice that the property remains in a condition which is detrimental to the health, safety or welfare of persons or property shall constitute a separate offense.
B. The accumulation of dog feces upon private property is declared to be a public nuisance.
SECTION 7 KEEPING OF CATS
A. It shall be unlawful for any person knowingly to keep or harbor any cat which habitually cries or howls. B. It shall be unlawful for any person to allow a cat to habitually roam unwelcome onto someone elses property. My cat which scratches, digs or defecates upon any lawn, tree, shrub, plant1 building or any other public or private property other than the property of the owner or person in charge or control of such animal is hereby declared to be a nuisance. C. Upon the first and second offenses the cat owner or keeper shall be given written warning notices by personal service or certified mail, return receipt requested. It shall be a condition precendent to any enforcement proceeding to show that two written warnings were issued to the cat owner or keeper within the previous twelve (12) month period.
A. Keeping of kennels. dog training, or grooming is permitted only in districts designated by the College Township Zoning Ordinance1 and in accordance with the Pennsylvania Dog Law Sections 206, 207, 208, 209, and 210.
SECTION 9 ENFORCEMENT AND PENALTIES
A. The Ordinance Enforcement Officer of The Township of College1 any Police Officer. or Dog Officer empowered to enforce the laws of The Commonwealth of Pennsylvania within the jurisdictional boundaries of The Township of College shall hereby be authorized to enforce the provisions of this ordinance.
B. Any person who shall violate any provision of Section 4, Section 5, Section 6, Section 7, or Section 8 of this Ordinance shall upon conviction thereof before a district justice be subject to a civil fine as set forth in the schedule below plus all costs of prosecution including court costs and reasonable attorney fees incurred by the municipality in accordance with Section 1601(C) of the Second Class Township Code as amended November 9.1995, (Public Law 350, No. 60) as amended.
Range of Fines: 1. First violation $25.00 2. Second violation $50.00 3. Third and subsequent violations $600.00
SECTION 10 SEVERABILITY
Should any sentence, clause, section or part of this Ordinance be found to be unconstitutional, illegal or invalid for any reason such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining sections of this ordinance.
If any sentences, clauses, sections or parts of this Ordinance conflict with any sentences, clauses, sections or parts of any other Ordinance of the Township of College or The Pennsylvania State "Dog Law", such sentence, clause, section or part which was adopted most recently or which are excerpted from PA Law which supersedes local ordinance shall prevail.
SECTION 11 EFFECTIVE DATE
This Ordinance shall become effective on November 1, 1996.
ENACTED AND ORDAINED the 19th day of September, 1996. AND BY the authority given to the chaimerson of the College Township Council, do hereby adopt this Ordiriance as duly ordained by College Township on the date first written above and at a duly advertised meeting.
ORDINANCE NO. 1511 February 8, 1993
AN ORDINANCE OF THE CITY OF DUBOIS PROHIBITING DOGS RUNNING AT LARGE; PROVIDING FOR THE APPOINTMENT OF A DOG LAW ENFORCEMENT OFFiCER; ESTABLISHING PROCEDURES FOE THE DISPOSITION OF LICLNSED, UNLICENSED AND THREATENING DOGS; AND PRESCRIBING PENALTIES FOR VIOLATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DuBOIS:
Section 1. Definitions. As used in this Ordinance, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:
OWNER - any person having a right of property in any dog or having custody ef any dog, or any person who harbors or permits a dog to remain on or around his or her property.
RUNNING AT LARGE - being upon any public highway, street, alley, park, or any other public land, or upon property of another person other than the owner, and not being accompanied by or under the control of the owner or any other person having custody of said dog.
Section 2. Appointment and Duties of Dog Law Enforcement Officer. A Dog Law Enforcement Officer shall be appointed by the Council of the City of DuBois to serve during its pleasure. Such Dog Law Enforcement Officer along with the Police Officers of the City of DuBois shall have concurrent responsibility for the enforcement of this Ordinance and of the Dog Law of 1982, (3 P.S. Section 459-101 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania); provided, that he or she shall not have the power to make arrests under this Act of Assembly or any other Act of Assembly or Ordinance of the City of DuBois.
Section 3. Unlawful to Allow Dogs to Run at Large. It shall be unlawful for the owner of any dog or dogs to allow or permit sod dog or dogs to run at large in the City of DuBois.
Section 4. Seizing of Dogs. The Dog Law Enforcement Officer or any police officer may seize any dog found at large in the City of DuBois. Such dogs are to be impounded in a licensed kennel.
Section 5. Licensed Dogs. The Dog Law Enforcement Officer or any police officer of the City of DuBois shall notify the owner of a licensed dog by registered or certified nail, with return reeipt, 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 the 1982 Dog Law.
Section 6. Unlicensed Dogs. Unlicensed dogs that are seized shall be held in such kennel for 48 hours and if not claimed may be destroyed in accordance with the 1982 Dog Law.
Section 7. Threatening Dogs. Dogs that, in the opinion of any police officer or dog law enforcement officer, constitute a threat to public health and welfare may be killed by the police or dog law enforcement officer.
Section 8. Penalties. The first two times a dog is seized, the owner shall pay a fine of Fifteen Dollars ($15.00) to the City of DuBois as well as reasonable fees for keeping the animal in a kennel as fixed pursuant to a Resolution of the Council of the City of DuBois.
Any person allowing a dog to run at large a third time in violation of this Ordinance shall, upon conviction thereof, be sentenced to pay a fine of not less than Fifty Dollars ($50.00) nor more than Six Hundred Dollars ($600.00), plus costs; and in default of payment, to imprisonment for a term not to exceed thirty (30) days.
Section 9. Repealer. All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
Section 10. Severability. If any sentence, clause, section, or part of this ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this ordinance. It is hereby declared as the intent of the Council of the City of DuBois that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
ORDINANCE 1512 February 8, 1993
AN ORDlNANCE OF THE CITY OF DUBOIS BEGULATING THE KEEPING OF CERTAIN ANIMALS INCLUDING HOUSEHOLD PETS AND PRESCRIBING DEFINITIONS AND PENALTIES FOR VIOLATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DuBOIS:
Section 1. Definitions. As used in this ordinance. the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
ANIMAL - any domestic animal or fowl, any wild animal or any household pet.
DOMESTIC ANIMAL - any animal normally or ordinarily domesticated or raised in this area amd climate as livestock or for work or breeding purposes, or normally or ordinarily kept as a household pet.
HOUSEHOLD PET - any dog, cat, or other domestic animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner.
LARGE ANIMAL - any wild or domestic animal of the bovine, equine, sheep, porcine or reptile family.
OWNER - any person having a right of property in any animal or having custody of any animal, or any person who harbors or permits an animal to remain on or around his or her property.
PERSON - any person, firm, partnership, association or corporation.
SMALL ANIMAL - any wild or domestic animal such as a rabbit, hare, guinea pig, rat, mouse, or chinchilla; and any wild or domestic fowl such a chicken, turkey, goose, duck or pigeon (excepting homing pigeons).
WILD ANIMAL-any animal, including bird, fowl, or reptile not normally or ordinarily demoesticate; not normally or ordinarily raised in this area and climate as livestock or for work or breeding purposes; or not capable of being kept as a household pet.
In this Ordinance, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.
Section 2. Certain Animals Prohibited. It shall be unlawful for any person to keep any pigs, hogs or swine at any place within the City of DuBois with the exception of Vietnamese pot-bellied pigs which have been domesticated and are now marketed as exotic household pets.
Section 3. Keeping of Animals Regulated. It shall be unlawful for any person to keep any domestic animals, except household pets, except as provided in this section.
1. Large animals shall be confined in quarters no part of which shall be closer than one hundred feet (100') from the exterior limits of any dwelling or of any property line 2. Small animals shall be kept confined in quarter no part of which shall be closer than five feet (5') from the exterior limits of any dwelling or of any property line. 3. The keeper of every such animal shall confine the same in an enclosure sufficient to prevent such animal from running at large, and such enclosure shall be of a size and construction conducive to the animal's health, and adequate sanitary drainage facilities shall be provided. 4. Every keeper of any animal shall cause the litter and droppings therefrom to be collected daily in a container or receptacle that, when closed, shall be rat-proof and fly-tight, and after every such collection shall cause such container or receptacle to be kept closed. At least twice a week, every such keeper shall cause all litter and droppings so collected to be disposed of in such manner as not to permit the presence of fly larvae. -2-
5. Every keeper of any animal shall cause all feed provided therefor to be stored and kept in a rat-proof and fly-tight building box, container, or receptacle.
Section 4. Household Pets. It shall be unlawful for any person to keep any household pet, except as provided in this Section:
1. If any such pet shall be kept in a dwelling owned or occupied by its owner, such owner shall be required to follow such proqedures and practices, as to the number of such pets to be kept there, and as to sanitation, to insure that no public nuisance shall be created or maintained and no threat to the health of persons living elsewhere than in such dwelling shall be created. '2. If any such pet shall be kept in an enclosure outside such dwelling, the provisions of Section 3 of this Ordinance, insofar as the same applies to small animals, shall be applicable to the keeping of such household pet.
Section 5. Violation of State Law. Any violation of this Ordinance that would also violate any state law shall be prosecuted under that state law and not under this Ordinance.
Section 6. Penalties. Any person who shall violate any provision of this Ordinance shall, upon conviction thereof, be sentenced to pay a fine of not less than Fifty Dollars ($50.00) and not exceeding six hundred dollars ($600.00), plus costs, and in default of payment, to undergo imprisonment for a term not to exceed thirty (30) days. Each day that a violation of this Ordinance continues shall constitute a separate offense.
Section 7. Repealer. All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
Section 8. Severability. If any sentence, clause, section, or part of this ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Ordinance. It is hereby declared as the intent of the Council of the City of DuBois that this Ordinance would have beeen adopted had such unconsitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
I L I LL
ORDINANCE No. 1513 February 8, 1993
AN ORDINANCE OF THE CITY OF DUBOIS PEOHIBITING THE KEEPING OF ANIMALS MAKING DISTURBING NOISES, PRESCRIBING PENALTIES FOR VIOLATION AND MAKING CERTAIN EXCEPTIONS. BE IT ORDAINED BY THE COLNCIL OF THE CITY OF DUBOIS AS FOLLOWS:
Section 1. Intent and Purpose. The Council of the City of DuBois, finding that excessive levels of sound are detrimental to the physical, mental and social well-being of the people as well as to their comfort, living conditions, general welfare and safety and being therefore a public health and welfare hazard, hereby declares it to be necessary to provide for the greater control and more effective regulation of excessive sound and the sources of excessive sound within the City of DuBois.
Section 2. Noise Disturbance. It shall be illegal within the City of DuBois for any person or persons to own, possess, harbor, or control any animal or bird which makes any noise continuously and/or incessantly for a period of ten minutes or makes such noise intermittently for one-half hour or more to the disturbance of any person any time of the day or night regardless of whether the animal or bird is physically situated in or upon private property, said noise being a nuisance; provided, that at the time the animal or bird is making such noise no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated nor is there any other legitimate cause which justifiably provoked the animal or bird.
Section 3. Exceptions. This ordinance shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from nuisance suits by Act No. 1982-133.
Section 4. Penalties. Any person, firm or corporation who shall violate any provision of this ordinance, shall, upon conviction thereof, be sentenced to pay a fine of not less than Fifty Dollars ($50.00) nor more than Six Hundred Dollars ($600.00), plus costs, and in default of payment, to imprisonment for a term not to exceed thirty (30) days.
Section 5. Repealer.All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
Section 6. Severability. If any sentence, clause, section, or part of this ordinance is for anv reason found to be unconstitutional , illegal or invalid, such unconstitutionality, illegality or invalidity shall not aifect or impair any of the remaining provisions, sentences, ciauses, sections or parts of this ordinance. It is hereby declared as the intent of the Council of the City of DuBois that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or' part thereof not been included herein
COUNCIL HILL C. 1599
INTRODT:CED BY
ORDINANCE NO. 1514 February 8, 1993
AN ORDlNANCE FOR CONTROLLING ANIMAL DEFECATION ON PUBLIC PROPERTY, PRESCRIBING PENALTIES FOR OWNERS WHO ALLOW ANIMALS TO LEAVE EXCREMENT ON PUBLIC, OR OTHER PERSON'S PROPERTY; AND ALLOWING FOR CERTAIN EXCEPTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DuBOIS AS FOLLOWS:
1. Animal Defecation on Public and Private Property Restricted. No person, having possession, custody or control of any animal, shall knowingly or negligently permit any dog or other animal to commit any nuisance, i.e. defecation or urination, upon any gutter, street, driveway, alley, curb or sidewalk in the City of DuBois, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs, or stairways of any building abutting on a public street or park, or upon the grounds of any public park or public area, or upon any private property other than the property of the owner of such animal.
Section 2. Disposal of Animal Feces. Any person having possession, custody or control of any dog or other animal which commits a nuisance, i.e. defecation or urination, in any area other than the private property of the owner of such dog or other animal, as prohibited in Section 1 shall be required to immediately remove any feces from such surface and either:
1. Carry same away for disposal in a toilet.
2. Place same in a nonleaking container for deposit in a trash or litter receptacle.
Section 3. Dogs Accompanying Blind or Handicapped Persons Exempted. The provisions of Sections 1 and 2 hereof shall not apply to a guide dog accompanying any blind persons, or to a dog used to assist any other physically handicapped person.
Section 4. Penalties. Any person, firm or corporation who shall violate any provision of this ordinance shall, upon conviction thereof, be sentenced to pay a fine of not less than Fifty Dollars ($50.00) nor more than Six Hundred Dollars ($600.00), plus costs, or to imprisonment for a term not to exceed thirty (30) days.
Section 5. Repealer. All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed. The following ordinances or parts thereof are specifically repealed: Ordinance No. 1411
Section 6. Severability. If any sentence, clause, section, or part of this ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this ordinance. It Is hereby declared as the Intent of the Council of the City of DuBois that this ordinance would have been adopted had such unconstitutional, Illegal or Invalid sentence, clause, section or part thereof not been included herein.
ORDINANCE NO. 1993-6
AN ORDINANCE OF SANDY TOWNSHIP PROHIBITING THE KEEPING OF ANIMALS MAKING DISTURBING NOISES, PRESCRIBING PENALTIES FOR VIOLATION AND MAKING CERTAIN EXCEPTIONS
SANDY TOWNSIIIP hereby ordains, enacts and adopts the following:
Section 1. Intent and Purpose. The Supervisors of Sandy Township find that excessive levels of sound are determinatl to the physical, mental and social well-being of the people, as well as to their comfort, living conditions, general welfare and safety and being therefore a public health and welfare hazard hereby declare it to be necessary to provide for the greater control and more effective regulation of excessive sound and the sources of excessive sounds within Sandy Township.
Section 2. Noise Disturbance. It shall be illegal within Sandy Township for any person or persons to own, possess, harbor, or control any animal (which said term is hereby defined so as not to incude birds) which makes any noise continuously and/or incessantly for a period of ten (10) minutes or makes such noise intermittently for one-half hour or more. The disturbance of any person any time of day or night regardless of whether the animal is physically situated in or upon private property, siad noise being a nuisance, provided that at the time the animal is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal is situated nor is there any other legitamate cause which justifiably proved the animal.
Section 3. Exceptions. The ordinance shall not be deemed to prohibit or otherwise declare unlawful any agricultural operatons protected from nuisance suits by Act No. 1982-133.
Section 4. Penalties. Any person, firm , or corporation shall violate any provision of this ordinance, shall upon conviction thereof be sentenced to pay a fine of not more than six hundred ($600.00) dollars and in default of payment, to imprisonment for a term not to exceed thirty (30) days.
Section 5. Repealer. All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed. The following ordinances or parts othereof are specificaly repealed.
Section 6. Severability. If any sentence, clause, secton or part of this ordinance is for any reason found to be unconstitutional, illegality or invalidity shall not affect, or impair any of the remaining provisions, sentences, clauses, sections of parts of this ordinance. It is hereby declared as the intent of the Sandy Township Supervisors that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
Section 7. Effective Date. This ordinance shall become effective on the 26th day of July, 1993
ORDAINED, ENACTED AND ADOPTED this 21st day of July, 1993.
ORDINANCE NO. 1993-3
AN ORDINANCE OFSANDY TOWNSHIP REGULATING THE KEEPING OF CERTAIN ANIMALS INCLUDING HOUSEHOLD PETS AND PRESCRIBING DEFINITIONS AND PENALTIES FOR VIOLATION.
Sandy Township hereby ordains, enacts and adopts the following:
Section 1. Definitions. As used in this ordinance, the following terms, shall have the meanings indicated, unless a different meaning clearly appears from the context:
ANIMAL - any domestic and fowl, any wild animal or any household pet
DOMESTIC ANIMAL- any animal normally or ordinarily domesticated or raised in this area and climate as livestock or for work or breeding purposes, or normally or ordinally kept as a household pet.
HOUSEHOLD PET - any dog,cat or other domestic animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner.
LARGE ANIMAL - any wild or domestic animal of the bovine, equine or sheep family.
PERSON - any person, firm, partnership, association or corporation
SMALL ANIMAL - any wild or domestic animal such as a rabbit, harem guinea pig, rat, mouse or chinchilla; and any wild or domestic fowl such as a chicken, turkey, goose duck or pigeon (excepting homing pigeons)
WILD ANIMAL - any animal, including fowl, or reptile not normally or ordinarily domesticated; not normally or ordinarily raised in this area and climate as livestock or for work or breeding purposes; or not capable of being kept as a household pet
In this ordinance the singular shall include the plural, the plural shall the singular and the masculine shall include the feminine.
Section 2. Certain Animals Prohibited. It shall be unlawful to any person to keep any pigs, hogs or swine at any place in Sandy Township except those places situated in a Residential-Agriculture Zone. Section 3. Keeping of Animals Regulated. It shall be unlawful for any person to keep any domestic animals, except household pets, except as' provided in this section
1 Large animals shall be confined in quarters no part of which shall be closer than one hundred feet from the exterior limits of any dwelling or of any property line.
2. Small animals shall be kept confined in quarters no part of which shall he closer than twenty-five feet from the exterior limits of any dwelling or of any property line.
3. The keeper of every such animal shall confine the same in an enclosure sufficient to prevent such animal from running at large, and such enclosure shall 'be of a size and construction conducive to the animal's health, and adequate sanitary drainage facilities shall be provided.
4. Every keeper of any animal shall cause the litter and dropping therefrom to be collected daly in a container or receptacle that when closed shall be rat-proof and fly-tight and after every such collection shall cause such container or receptacle to be kept closed. At least twice a week, every such keeper shall cause all litter and dropping so collected to be disposed of in such manner as not to permit the presence of fly larvae
5. Every keeper of any animal shall cause all feed provided therefor to be stored and kept in a rat-proof and fly-tight building, box, container or receptacle.
Section 4. Household Pets. It shall be unlawful for any person to keep any household pet, except as provided in this section
1. If any such pet shall be kept in a dwelling owned or occupied by its owner, such owner shall be required to follow such procedures and practices, as to the number of such pets to be kept there, and as to sanitation, to insure that no public nuisance shall be created or maintained and no threat to the health of persons living elsewhere than in such dwelling shall be created. The maximum number of household pets is established as five except no limit is established in the Residential-Agriculture Zones.
2. If any such pet shall be kept in an enclosure outside such dwelling, the provisions of Section 3 of this ordinance, in so far as the same applies to small animals, shall be applicable to the keeping of such household pet.
Section 5. Violation of State Law. Any violation of this ordinance that would also violate any state law shall be prosecuted under that State Law and not under this ordinance.
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