Borough of Doylestown, PA
Bucks County
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Table of Contents
Table of Contents

§ 101 Definitions.

[Ord. 2013-9, 9/16/2013]
As used in this Part, the following terms have the meaning indicated, unless a different meaning clearly appears from the context:
ANIMAL
An equine or bovine animal, sheep, goat, pig, dog, cat and any small animal under domestication.
1. 
Any dog, cat, or other small animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner.
2. 
Any wild or domestic animal of the bovine, equine, or sheep family.
3. 
Any wild or domestic animal, such as rabbit, hare, guinea pig, swine, rat, mouse, or chinchilla, and any wild or domestic fowl, such as, but not limited to, parrot, chicken, turkey, goose, duck, guinea hen or pigeon (excepting homing pigeons).
CRUELTY
Wantonly or cruelly, by any direct or indirect means, illtreats, 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; transports a living animal under inhumane or uncontrolled conditions adverse to the health, welfare or safety of the animal or persons in the vehicle or leaves a living animal unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal.
NUISANCE
Any animal which makes a noise disturbance or scratches, digs or defecates upon any lawn, tree, shrub, plant, 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.
OWNER
Any person having a right of property (possession) in any animal or having custody and control of any animal.
PERSON
Any person, firm, partnership, association, or corporation.
RESTRAINT or RESTRAINED
The state of being secured or controlled by leash or chain (not to exceed six feet in length) or restricted to a building or otherwise restricted to an owner's private property, appropriate transportation carrier device, cage or vehicle. This definition shall not apply to animals participating in field trials or obedience classes organized and sanctioned by nationally recognized animal clubs, service animals assisting disabled persons, animals assisting police officers engaged in law enforcement duties or while being trained for law enforcement purposes or an animal on its owner's property, so long as such animal is under the direct and effective sound and gesture control and is within sight and sound of its owner or such individual noted above and the animal does not violate any of the provisions of these ordinances.
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 without the nonowner's permission, and not being controlled by the owner or any other person having custody of said animal by means of a leash not exceeding six feet in length.
1. 
Persons having possession, custody or control of cats that roam beyond the owner's property or control shall not be in violation of this Section so long as the cat:
A. 
Is neutered or spayed to prevent it from procreating; and
B. 
Is immunized against rabies; and
2. 
Owners of cats who comply with provisions in Subsection 1A and B above within 90 calendar days of receipt of a written notice of violation pursuant to § 111 shall not be found guilty of permitting a cat to run at large.

§ 102 Cruelty to animals.

[Ord. 2013-9, 9/16/2013]
It shall be unlawful for any person to engage in cruelty or acts of cruelty upon an animal within the Borough of Doylestown.

§ 103 Service Animals Accompanying Handicapped Persons Exempted.

[Ord. 2013-9, 9/16/2013]
The provisions of §§ 104 and 110 hereof shall not apply to a service animal, as defined under the Americans with Disabilities Act (ADA) and accompanying regulations, accompanying any handicapped person.

§ 104 Noise Disturbance.

[Ord. 2013-9, 9/16/2013]
It shall be illegal within the Borough of Doylestown for any person or persons to own, possess, harbor, or control any animal which makes any noise continuously and/or incessantly for a period of 10 minutes or makes such noise intermittently for 1/2 hour or more to the disturbance of any person any time of the day or night, regardless of whether the animal is physically situated in or upon private property, said 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 legitimate cause which justifiably provoked the animal.

§ 105 Running at Large.

[Ord. 2013-9, 9/16/2013]
It shall be unlawful for any person to allow a household pet or other animal owned by that person to run at large without being restrained. Owners of cats who comply with the § 101, definition of "running at large," are not included herein under this § 105 and shall not be subject to penalties as described in this Chapter.

§ 106 Animal Defecation and Destruction on Public and Private Property Restricted.

[Ord. 2013-9, 9/16/2013]
No person, having possession, custody or control of any household pet or other animal owned by that person, shall knowingly or negligently permit any household pet or other animal owned by that person to commit any nuisance upon any gutter, street, driveway, alley, curb or sidewalk in the Borough, 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 household pet or other animal owned by that person.

§ 107 Disposal of Animal Feces.

[Ord. 2013-9, 9/16/2013]
1. 
Any person having possession, custody or control of any household pet or other animal owned by that person which commits a nuisance in any area other than the private property of the owner, or on the property of another without their permission, of such household pet or other animal, as prohibited in § 106 shall be required to immediately remove the said feces from such surface and either:
A. 
Carry same away for disposal.
B. 
Place same in a nonleaking container for deposit in the owner's trash or a public trash or litter receptacle.
2. 
Persons who comply with this Section shall not be in violation of § 106 or subject to penalty for occurrences that take place in any public or commonly used space as described in § 106.
3. 
Nothing in this Section shall exempt owners from violating § 106 and being subject to applicable penalties when a nuisance occurs on private property which is not the owner's private property or if an owner disposes of animal feces in a storm sewer or other public drainage system that discharges to any creek, stream or other area which may be continuously or from time to time carry a natural flow of surface or subsurface water in any area under the jurisdiction of the Borough.

§ 108 Household Pets.

[Ord. 2013-9, 9/16/2013]
Owners housing and maintaining household pets shall:
1. 
If any such household pet shall be kept in a dwelling owned or occupied by its owner or on the owner's premises, 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 within the dwelling or elsewhere shall be created.
A. 
Complaints arising from § 108.1 shall be investigated by the Bucks County Health Department subject to rules, regulations and procedures established by the county agency.
2. 
Dogs that are left outside on the owner's property without the ability to independently reenter the owner's dwelling shall have continual access to i) potable drinking water and ii) adequate shelter and shade.

§ 109 Keeping of Animals Regulated.

[Ord. 2013-9, 9/16/2013]
Owners keeping animals that are not household pets and not housed within the housing that the owner occupies:
1. 
For small animals: shall be housed in quarters no part of which shall be closer than 25 feet from the exterior limits of any dwelling or of any property line.
2. 
For large animals: shall be housed in quarters no part of which shall be closer than 100 feet from the exterior limits of any person's dwelling or of any property line.
3. 
The keeper of every such animal shall confine the same in an enclosure sufficient to prevent such animals from running at large, and such enclosure shall be of a size conducive to good sanitary practices and adequate and sanitary drainage facilities shall be provided.
4. 
Every keeper of any such animal shall cause the litter and droppings therefrom to be collected daily in a container or receptacle that when closed shall be ratproof and flytight 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.
5. 
Every keeper of any animals shall cause all feed provided therefor to be stored and kept in a ratproof and flytight building, box, container, or receptacle.

§ 110 Tethering and Leashing of Dogs.

[Ord. 2013-9, 9/16/2013]
Any person who fails to comply with the provisions listed in this section for a dog is in violation of § 102, related to cruelty to animals.
1. 
It shall be unlawful for any person to tether, fasten, chain, tie, restrain or cause an unattended dog to be fastened, chained, tied or restrained to houses, trees, fences, garages, stakes or other stationary or highly immobile objects by means of a rope, chain, strap or other physical restraint for the purpose of confinement, except in circumstances where all of the following requirements are satisfied:
A. 
The tethering is not for a longer period of time than reasonably necessary for the dog's owner or custodian to complete a temporary task on the premises that requires the dog to be physically restrained.
B. 
The tether is attached to the dog by a well-fitting collar appropriate to the age and size of the dog and not with any choke, pinch or prong type of collar and attached to the stationary object by swivel anchors, latches, or similar devices in a manner which prevents the tether from becoming entangled around any object so as to limit the dog's freedom within the tethered area, or to prevent the dog, or any of its appendages, from becoming entangled by the tether.
C. 
The tether or chain must be of a type commonly used for the size of the dog involved.
D. 
The dog has continual access to i) potable drinking water and ii) adequate shelter and an additional area of shade outside the shelter within the tethered area.
E. 
The dog is periodically monitored while tethered for the aforementioned reasonable period of time.

§ 111 Notice of Violation.

[Ord. 2013-9, 9/16/2013]
Upon receiving a complaint or information that a household pet or other animal owned by the person receiving the complaint is causing a nuisance, noise disturbance, running at large, is housed or maintained in noncompliance with relevant ordinance or is the subject of cruelty in the Borough, the Chief of Police of the Borough shall cause an investigation to be made, and if the complaint is found to be true and correct, a notice in writing shall be served upon the owner of the household pet or other animal by a police officer notifying said owner that his or her household pet or other animal must be properly controlled.

§ 112 Records to Be Kept of Notices; Prosecutions for Second and Subsequent Offenses.

[Ord. 2013-9, 9/16/2013]
The Chief of Police shall keep a record of all notices so served as set forth in § 111, and upon receiving a second complaint or information against the same owner, if upon investigation the said second complaint or information is found to be true and correct, the Chief of Police shall prosecute the said owner and may seize and impound the animal under the provisions of the following sections.

§ 113 Violation of State Law.

[Ord. 2013-9, 9/16/2013]
Any violation of this Section that would also violate any state law shall be prosecuted under that state law and not under this Part.

§ 114 Penalties.

[Ord. 2013-9, 9/16/2013]
Any owner who, after having received a notice as provided in §§ 111 and 112, in violation of any provision of this Part, shall, upon conviction thereof, be sentenced to pay a fine not exceeding $300. Each day that a violation of this Part continues shall constitute a separate offense.
1. 
Any owner convicted under this Section twice within any twelve-month period shall forfeit the right to own, possess or have under his or her control any household pet or small animal that is not a household pet, for a period of two years beginning from the date of the second conviction.

§ 115 Seizure and Impounding of Animals Running at Large.

[Ord. 2013-9, 9/16/2013]
The police of the Borough of Doylestown are hereby authorized to seize any animal running at large and whose fines are unpaid and to detain such animal at any convenient place for a period not to exceed five days if such animal does not bear a current license tag or evidence of owner, or for a period not to exceed 10 days if such animal does bear a current license tag.
1. 
An impounded animal shall be housed and maintained in conditions which are humane and not adverse to the health or welfare of the living animal. Costs for housing and maintenance shall be charged to the owner.
2. 
Any owner who shall appeal a conviction and pays assessed fines shall be entitled to take back any seized animal until such time as the appeal is concluded.

§ 116 Animals not Claimed by Owners.

[Ord. 2013-9, 9/16/2013]
The police are authorized to donate to a licensed animal welfare organization if such animal shall not be claimed and fines paid by its owner within the time specified in § 115 to pay fees and costs arising from detainment of the animal and payment of fines assessed to the owner.