Borough of Ridley Park, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Ridley Park 7-12-1988 by Ord. No. 1023. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 138.
Parks — See Ch. 148.
[Amended 5-20-2008 by Ord. No. 1179]
Any animal not in control (as defined in this chapter) shall be deemed to be running at large. It is unlawful for the owner of any animal to allow an animal to be running at large. Any animal running at large shall be impounded by the ACO and a transportation fee will be charged to the owner along with a fine for the violation. The animal will be transported to the SPCA or licensed kennel or holding area of the ACO's choice.
[Added 5-20-2008 by Ord. No. 1179]
As used in this chapter, the following terms shall have the meaning indicated:
ANIMAL
Any animate being except a human endowed with the power of voluntary motion.
ANIMAL CONTROL OFFICER
Hereinafter called "ACO." Any person or legal entity with whom the Borough enters into a contract for the control of animals in the Borough, who shall enforce the Borough's Animal Ordinance and applicable state law. For purposes of this chapter, any employee of a legal entity hired by the Borough to enforce this chapter shall also be considered an ACO.
CONTROL
An animal is in control if it is either:
A. 
Confined within an enclosure from which it cannot escape; or
B. 
Firmly secured by means of a collar, leash, chain or other device so that it cannot stray beyond the property of the owner.
OWNER
Every person(s) having a right to, proprietorship of, care of and/or custody of a dog, cat, or other animal and every person(s) who keeps or harbors a dog, cat or other animal which remains on or about any property occupied by such person(s).
RUNNING AT LARGE
An animal shall be deemed to be running at large if it is elsewhere than in or on the property of the owner and not under the care or control of the owner and/or his agent, or if it is elsewhere than in or on the property of the owner without the knowledge, consent or approval of the owner and/or his agent. An animal is deemed to be running at large if it is not in control as defined in this chapter.
[Amended 5-20-2008 by Ord. No. 1179]
No owner and/or a person having possession, custody or control of an animal shall allow said animal to defecate upon any gutter, street, driveway, alley, curb, or sidewalk in the Borough or upon 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 the public street or parks or upon the grounds of any public area or upon private property other than the property of the owner of such animal. Any owner and or person, having possession, custody or control of such animal shall be required to immediately remove said feces and deposit it in a nonleaking bag/container and carry same away for lawful disposal.
Any person having possession, custody or control of any dog or other animal which commits a nuisance, that is, defecates on any area other than the private property of the person who owns, has custody of or controls such dog or other animal, as prohibited in § 88-2 above, shall be required to immediately remove any feces from such surface and either:
A. 
Carry the same away for disposal in a toilet; or
B. 
Place the same in a nonleaking container for deposit in a trash or litter receptacle.
The provisions of §§ 88-2 and 88-3 shall not apply to a guide dog accompanying any blind person or to a dog used to assist any other physically handicapped person.
[Amended 4-13-1999 by Ord. No. 1093; 5-20-2008 by Ord. No. 1179]
A. 
No owner shall allow an animal to disturb the peace and quiet of the neighborhood by excessive barking and/or howling and/or creating other nuisance noises.
B. 
"Excessive" barking and/or howling and/or creating other nuisance noises shall be defined as barking and/or howling and/or creating other nuisance noises which persists continuously for more than 30 minutes. A member of the Ridley Park Borough Police Department or the ACO may issue a citation to the owner of the animal which is violating this section.
C. 
If a member of the Borough Police Department or the ACO is not present at the time of the violation, a citation will be issued by the appropriate officials if an individual witnessing a violation of this section files a signed and verified complaint with the Borough and they agree to appear to testify at the hearing on the citation.
[Added 5-20-2008 by Ord. No. 1179]
An owner of an animal shall not allow the animal to damage any buildings, lawns, shrubbery, gardens, or other property. An owner of an animal is responsible for any damage caused by the animal to any buildings, lawns, shrubbery, gardens or other property.
[Added 5-20-2008 by Ord. No. 1179]
An owner of an animal shall not allow the animal to scatter, spill or otherwise disturb any trash or refuse placed or stored for municipal collection. An owner of an animal is responsible of the animal scatters, spills or otherwise disturbs any trash or refuse placed or stored for municipal collection.
[Amended 5-21-2014 by Ord. No. 2-2014]
A. 
Upon recommendation of the Health Officer, the Board of Health may limit the number of dogs and/or other animals in any dwelling unit if a health hazard or public nuisance is found to exist.
B. 
Any person violating the provisions of this section shall be in violation of this chapter and subject to the penalties provided for in § 88-11, as amended.
[Added 5-21-2014 by Ord. No. 2-2014]
It shall be unlawful to keep live chickens, turkeys, geese, pigeon or other fowl and nondomesticated animals outside of any residence building and/or within 150 feet of any neighboring property line within the limits of the Borough. Any person or persons violating this section shall be subject to the penalties provided for in § 88-11, as amended.
[Added 5-21-2014 by Ord. No. 2-2014]
It shall be unlawful to keep swine, sheep, goats, cattle, ponies, or horses within the limits of the Borough. Any person violating this section shall be subject to the penalties provided for in § 88-11, as amended.
[Amended 5-20-2008 by Ord. No. 1179]
An owner of an animal shall not allow an animal to injure a human being or other animal. An owner of an animal is responsible for any injury caused by the animal to any human being or other animal. If an animal bites a human being or other animal, the owner of the animal which has bitten a human being or other animal must notify the ACO within 24 hours of the incident. At the ACO's discretion, the animal which has bitten will be quarantined for a period of not less than 10 days unless the animal cannot be confined to the ACO's satisfaction, then the ACO will seize said animal for veterinarian inspection and additional quarantining at the expense of the animal's owner.
[Added 5-20-2008 by Ord. No. 1179]
No person shall own, keep or harbor any dog within the Borough unless such dog is licensed as required by the Dog Law of the Commonwealth of Pennsylvania, as amended from time to time.[1] Any dog, not in or on the property of the owner, while within the Borough, must wear the identification tag required buy state law such that the tag is visible for inspection by a Borough Police Officer or the ACO.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
A. 
The seizure and detention of licensed dogs, costs in connection therewith and the destruction of licensed dogs shall conform to the provisions of Section 302 of the Pennsylvania Dog Law, 3 P.S. § 459-302.
B. 
The seizure and detention of unlicensed dogs and the destruction thereof shall conform to the provisions of Section 303 of the Pennsylvania Dog Law, 3 P.S. § 459-303.[1]
[1]
Editor's Note: Repealed 12-11-1996 by P.L. 943, No. 151. See 3 P.S. § 459-302.
A. 
Definitions. For the purposes of this section, the following terms shall have the meanings indicated:
ANIMAL
A dog or other mammal susceptible to rabies.
OWN
To keep, harbor or have control, charge or custody of an animal.
OWNER
Any person who has the right of property in an animal, keeps or harbors an animal, has it in his care or allows it to remain on or about any premises occupied by him.
VACCINATION
Inoculation with a rabies vaccine licensed by the United States Department of Agriculture.
VETERINARIAN
A graduate of an accredited school of veterinary medicine who is licensed to practice in the commonwealth.
B. 
Reporting person bitten by animal. Any person having knowledge that an animal has bitten or injured any person in the Borough shall immediately report the facts, including the whereabouts of such animal, if known, to the Board of Health. The owner of such animal shall confine it immediately for 10 days, as directed by the Board. The animal shall be examined within 48 hours by a veterinarian, and a written report of such examination, on forms supplied by the Board, shall be submitted by the owner to the Board. If at any time during this ten-day confinement the animal becomes ill, escapes or dies, such fact shall be communicated immediately by the owner or veterinarian to the Board. The animal shall be moved immediately to a veterinary hospital or other approved location, as directed by the Board. At the end of the ten-day confinement, the animal shall be reexamined by a veterinarian, and a written report of findings shall be submitted by the owner to the Board within 48 hours. If the reexamination reveals no symptoms of rabies, the animal may then be released from confinement.
C. 
Reporting animal bitten by rabid animal.
(1) 
Any person who has knowledge that an animal in the Borough has been bitten by or otherwise exposed to another animal infected or suspected of being infected with rabies shall report the facts immediately, including the whereabouts of such animal, if known, to the Board of Health.
(2) 
If the animal which was bitten or otherwise exposed to rabies has not been vaccinated in accordance with prescribed requirements, such animal shall be confined immediately and placed in a veterinary hospital or other approved location, under the supervision of a veterinarian, for a minimum of six months or shall be immediately disposed of, as directed by the Board.
(3) 
If the animal which was bitten or otherwise exposed to rabies has been vaccinated in accordance with prescribed requirements, the following actions may be taken:
(a) 
Immediate revaccination of the bitten animal and confinement for 30 days following revaccination.
(b) 
Confinement in strict isolation in an approved kennel or other approved place for six months under supervision of a veterinarian.
(c) 
If the action prescribed in Subsection C(3)(a) or (b) hereof is not taken, then the bitten animal shall be disposed of as directed by the Board.
D. 
Reporting animals infected with rabies. Any person who has knowledge that an animal in the Borough is infected with or suspected of being infected with rabies shall report the facts immediately, including the whereabouts of such animal, if known, to the Board of Health. Any animal suspected of being infected with rabies shall be removed by the owner and confined immediately in a veterinary hospital or other approved location, and such animal shall not be released therefrom without the permission of the Board. An animal infected with rabies shall be disposed of as directed by the Board.
E. 
Rabies vaccination required.
(1) 
No owner of an animal shall harbor/keep any animal which is more than six months of age and is not currently vaccinated for rabies. An animal must be tagged to confirm current vaccination. Said tag must be visible on the animal's collar such that the tag is visible for inspection by a Borough Police Officer or the ACO.
[Amended 10-21-2003 by Ord. No. 1131; 5-20-2008 by Ord. No. 1179]
(2) 
The owner of each unvaccinated animal temporarily brought into the Borough for any purpose shall arrange for a vaccination against rabies within 30 days of first entry at any point in the county.
(3) 
Each veterinarian, at the time of vaccinating any animal, shall complete a certificate of rabies vaccination, in triplicate, which shall include the following:
(a) 
The owner's name and address.
(b) 
The description of the animal (breed, sex, markings, age and name).
(c) 
The date of the vaccination.
(d) 
The rabies vaccination tag number.
(e) 
The type of vaccine administered.
(f) 
The manufacturer's serial number of the vaccine.
(g) 
The due date for revaccination.
(4) 
The original certificate of rabies vaccination shall be delivered to the Board, the first copy shall be delivered to the owner, and the second copy shall be retained by the issuing veterinarian. The veterinarian shall furnish to the owner, together with a copy of the certificate, a metal or durable plastic tag stating the date of vaccination, the tag number and the veterinarian's name. A vaccination tag shall be affixed to the collar or harness and be worn by the animal.
F. 
Preparation of animal for laboratory analysis. For the purpose of control in case an animal is suspected of being infected with rabies or if one dies for any reason during quarantine and requires laboratory analysis, the owner or any person designated to act for the owner shall engage a veterinarian to prepare the suspected animal for shipment to any approved laboratory for the purpose of determining rabies infection.
G. 
Costs to owner. The cost of examination, vaccination, impounding and preparation of any animal for laboratory analysis shall be borne by the owner of such animal.
[Amended 10-21-2003 by Ord. No. 1131]
All police officers of the Borough of Ridley Park, the Board of Health, any authorized assistants thereof and any other person designated by the Borough Council of the Borough of Ridley Park shall have the authority to enforce the provisions of this chapter.
[Added 5-20-2008 by Ord. No. 1179]
Any person who shall interfere with the ACO in the performance of his/her duties under this chapter, or who shall attempt to prevent the ACO from seizing or capturing any animal, or who shall attempt to liberate any animal in the custody and possession of the ACO, shall be guilty of a summary offense and, upon conviction before the District Justice, shall be sentenced to pay a fine of not less than $100 and not more than $500.
[Amended 1-10-1989 by Ord. No. 1027; 5-20-2008 by Ord. No. 1179]
A. 
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not exceeding $100 and costs of prosecution for the first violation. Upon default of payment of fines and costs, the penalty shall be doubled.
B. 
Any and all subsequent violations of any provision of this chapter by the same owner shall result in a sentence of a fine not less than $300 and not exceeding $600. Upon default of payment of fines and costs, the penalty shall be doubled.