[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:
An equine or bovine animal, sheep, goat, pig, dog, cat and
any small animal under domestication.
HOUSEHOLD PETAny dog, cat, or other small animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner.
LARGE ANIMALAny wild or domestic animal of the bovine, equine, or sheep family.
SMALL ANIMALAny 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).
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.
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.
Any person having a right of property (possession) in any
animal or having custody and control of any animal.
Any person, firm, partnership, association, or corporation.
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.
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.
[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.
[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.
[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.
[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.
[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.
[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:
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
