[Adopted 10-21-2015 by Ord. No. 2941[1]]
[1]
Editor's Note: This ordinance was originally adopted
as Article VII of this chapter but was redesignated to maintain the
structure of the Code.
The Council of the Borough of Wilkinsburg finds that the feeding
of unconfined wild animals is detrimental to the animals, causes a
public health nuisance, and a safety hazard that is detrimental to
the general health, safety, and general welfare of the public.
As used in this article, the following terms shall have the
meaning indicated:
The act of furnishing, exposing, placing, depositing, distributing
or scattering, whether intentionally or negligently, any food or substance
of any kind which is likely to attract, lure, or entice wild animals.
Any individual, owner, occupier, corporation, company, partnership,
firm, association, club, society, or any other form of association
or organization subject to the jurisdiction of the Borough of Wilkinsburg.
Any species of animal wild by nature, as distinguished from
the common domesticated animals. A wild animal is one that can survive
in its natural environment without the help or assistance of humans,
including but not limited to raccoons, bears, coyotes, deer, foxes,
groundhogs, opossums, skunks, and waterfowl.
It shall be unlawful for any person, or any agent thereof, to
feed wild animals upon public property or private property. It shall
further be unlawful to authorize or aid or abet any other person to
feed wild animals upon public or private property.
A.
Songbirds and other backyard birds.
(1)
The feeding of small songbirds or other backyard birds shall be permitted
outdoors at such times and in such numbers that such feeding:
(a)
Does not create an unreasonable disturbance that affects the
rights of surrounding property owners and/or creates a nuisance.
(b)
Does not create an accumulation of droppings on the property
or surrounding properties in violation of health and safety ordinances.
(c)
Does not become an attractant for rodents or wild animals.
(2)
Bird feeders or other mechanical devices for feeding small birds
shall be placed at least five feet above the ground and utilized so
as to not be an attractant to wild animals.
B.
The feeding of wildlife is permitted within confined zoos, educational
and environmental centers or federally protected wildlife reserves.
C.
Baiting wild animals for the purpose of trapping for sport and the
removal or abatement of nuisance wild animals on private or public
property.
A.
Police officers, animal control officers, code enforcement officers,
or any other designated and authorized personnel of the Borough of
Wilkinsburg are hereby given full power and authority to enforce this
article.
B.
The designated animal control officer may seize any wild animal at
large or running at large within the Borough limits to the annoyance
or inconvenience of the residents or pedestrians or operators of motor
vehicles. Said wild animal shall be taken and impounded in a place
provided for said purpose. If the owner is known, or can be ascertained
by a registration, the Borough shall notify that owner to reclaim
said animal within a period of 48 hours after receiving notice to
do so. If the owner is not known, or cannot be ascertained, or if
the wild animal is not claimed within said forty-eight-hour period,
said wild animal shall be dispensed of by the designated animal control
officer.
C.
Any person found to be in violation of this article shall be ordered
to immediately cease the feeding of wild animals, removing all food,
substances or devices placed on the property in violation of this
article.
Any person, firm or corporation who shall violate any provision
of this article, or fails to comply therewith, or with any of the
requirements thereof, upon conviction thereof in an action brought
before the Magisterial District Judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not less than $100
nor more than $1,000, plus costs, including reasonable attorney's
fees incurred by the Borough, and, in default of payment of said fines
and costs, to a term of imprisonment to the extent permitted by law
for the punishment of summary offenses. A separate offense shall arise
for each day or portion thereof in which a violation of this article
is found to exist or for each section of this article found to have
been violated. The Borough may also commence appropriate actions in
equity or other to prevent, restrain, correct, enjoin or abate violations
of this article. All fines and penalties collected for violation of
this article shall be paid to the Borough Secretary.
If any provision of this article or the application thereof
to any person or circumstances is held invalid, such holding shall
not affect the other provisions or applications of this article which
can be given effect without the invalid provision or application,
and to this end, the provisions of this article are declared severable.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed to the extent of such inconsistency.
This article shall become immediately effective upon the date
of execution.
