[HISTORY: Adopted by the Borough Council of the Borough of Marcus Hook as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-7-2004 by Ord. No. 04-4, approved 9-7-2004]
this article shall be known as the "Marcus Hook Animal Control Law."
For the purpose of this article, the following terms shall have the following meanings:
ANIMAL
Dogs, cats, domestic fowl, poultry, domesticated hares, rabbits, mink and members of the equine, bovine and porcine species.
DOMESTICATED
To adapt an animal to a life of intimate association with and to the advantage and pleasure of man.
DOMESTICATED ANIMAL
Every animal domesticated by man so as to live and breed in a tame condition.
KENNEL, PET SHOP
Any kennel or person that acquires and sells dogs for the purpose of resale, whether as owner, agent, or consignee, and sells or offers to sell such dogs on a retail basis.
[Added 7-6-2010 by Ord. No. O-10-3, approved 7-6-2010]
OWNER
When applied to the proprietorship of an animal, shall include every person having a right of property in such animal and every person who keeps or harbors such animal or has it in his care and every person who permits such animal to remain on or about any premises occupied by him.
PERSON
Includes state and local officers or employees, individuals, corporations, copartnerships and associations. Singular words shall include the plural. Masculine words shall include the feminine or neuter.
POLICE OFFICER
Any person employed, appointed or elected by the Commonwealth of Pennsylvania, or any municipality or county, and whose duty is to preserve peace, to make arrests or to enforce state and local health and animal laws.
WILD OR EXOTIC ANIMAL
Any animal of a species prohibited by Title 50, Code of Federal Regulations, or otherwise controlled by the Commonwealth of Pennsylvania. It shall include any animal which is wild, fierce, dangerous, noxious or naturally inclined to do harm. "Wild animals," however domesticated, shall also include but not be limited to:
A. 
Dog family (Canidea): all except domesticated dogs, including wolf, fox, coyote, dingo, wolf hybrids, etc.
B. 
Cat family (Felidea): all except commonly accepted domestic cats, including lions, pumas, panthers, mountain lions, cougars, lynxs, bobcats, leopards, jaguars, ocelots, margays, tigers, wild cats, etc.
C. 
Bears (Ursidea): all bears, including grizzly bears, brown bears, black bears, etc.
D. 
Weasels (Mustelidea): all, including weasels, martens, mink, wolverine, ferrets, badgers, otters, ermine, mongoose, etc.
E. 
Raccoons (Procynniddae): all raccoons and civets.
F. 
Porcupine (Erethizontidae): all porcupines.
G. 
Skunks.
H. 
Snakes: all venomous and constricting snakes.
I. 
Venomous lizards.
J. 
Crocodillians: all alligators, caimans, crocodiles, gavials, etc.
K. 
Venomous fish and piranha.
L. 
Venomous invertebrates.
No person who owns, maintains, keeps or has custody of a dog, cat or other animal shall fail to use all reasonable precautions to confine or contain such dog, cat or other animal to the property of such person or the property which the owner, custodian or keeper has permission to use for such purpose.
Any person owning, keeping, harboring or having custody of any dog over six months of age within the Borough must obtain a Pennsylvania state dog license for the current year from the proper licensing authority.
It shall be unlawful for any person or persons to permit any dog, cat or other animal to become a nuisance in any way within the Borough of Marcus Hook.
A. 
It shall be unlawful for any person or persons to permit any dog, cat or other animal to run at large within the Borough of Marcus Hook.
B. 
It shall be unlawful for any person or persons to allow or permit his or her dog, cat or other animal to be upon any public or private property, including sidewalks and streets, within the Borough of Marcus Hook unless said dog, cat or other animal is on a leash or upon property owned by the owner of said dog, cat or other animal.
C. 
Any person or persons who keeps or maintains a dog, cat or other animal shall be responsible for the immediate removal of droppings when said dog, cat or other animal is upon property other than that of the owner or any place where people congregate or walk in the Borough of Marcus Hook, or upon the floor 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 stairway of any building abutting on a public street or park, or upon private property without the permission of the owner of said property. Said person is required to carry and use a plastic bag and scoop, or other suitable sealed, nonabsorbent, leakproof container, for the immediate removal and disposal of the droppings in a trash or litter receptacle or for disposal in a toilet. The provisions of this subsection shall not apply to guide dogs accompanying blind persons or to a dog used to assist any other physically disabled person.
No person shall cause or permit any dog, cat or other animal to run at large in any public place or street in the Borough or shall tie or fasten any dog, cat or other animal in any of the streets of the Borough for the purpose of grazing, feeding or exercising.
[Amended 7-6-2010 by Ord. No. O-10-3, approved 7-6-2010]
It shall be unlawful for any person or persons to keep or maintain in excess of two dogs over six months of age or two cats, except that a litter of kittens or a portion of a litter may be kept for not more than 10 weeks from birth. This section shall not apply to any premises operated as a pet shop kennel for which a zoning permit has been obtained and for which a pet shop kennel license has been obtained pursuant to the Pennsylvania Dog Law.
A. 
No person shall harbor or keep any dog, cat, or other animal which disturbs the peace and quiet of the neighborhood. Any person who keeps, owns or harbors a dog shall be required to restrain the dog, whether inside or outside of the owner's or guardian's property, from prolonged, continuous and unwarranted barking and howling any time of the day or night, so as not to annoy or disturb neighboring residents, schools, churches, businesses, nursing homes, and hospitals. Complaints made by residents who suffer from this type of noise may be made to the Police Department.
B. 
The Police Department, in receiving such complaint, shall dispatch an officer to the location of the barking dog, and if such complaint is authenticated by the officer, the officer shall attempt to contact the owner or guardian of said dog.
C. 
In order to abate the nuisance created by a dog howling or barking in violation of this section, a police officer or animal control officer may enter the yard and may seize the dog from the yard where the violation is occurring if the officer is unable to contact the owner or if the owner is unable or unwilling to take action to stop the howling or barking.
No person shall treat an animal in the Borough in a cruel or inhuman manner. Beating, underfeeding, overloading and abandoning animals shall be considered cruel and inhuman treatment within the meaning of this section.
No person shall maintain, keep, harbor or transport any dangerous or vicious animal of any kind or cause or permit the same to run at large within the Borough. Exhibitions or parades of animals which are ferae naturae in the eyes of the law may be conducted only by securing the written permission of the Chief of Police.
Members of the Police Department and the Animal Control Officer are hereby authorized to kill any dangerous animal of any kind when it is necessary for the protection of persons or property.
A. 
No person shall maintain or expose any dog, cat or other animal that is afflicted with a contagious or infectious disease whereby the health of man or beast may be affected, nor shall any person ship any such deceased animal or remove it from the premises of the owner thereof except under the supervision of the Chief of Police, Animal Control Officer or the Health Officer.
B. 
It is hereby made the duty of the Animal Control Officer or the Health Officer to secure such disposition of any diseased animal and such treatment of affected premises as to prevent the communication or spread of the contagion or infection.
A. 
No person shall keep a wild or exotic animal in any place other than a zoological park, veterinary hospital or clinic, humane society, circus, sideshow, amusement show or facility used for educational or scientific purposes which provides proper cages, fences and other protective devices adequate to prevent such animal from escaping or injuring the public.
B. 
No person shall sell, offer for sale or adoption, exchange for transfer, with or without charge, any wild or exotic animal.
C. 
No person, firm, partnership or corporation shall keep or maintain an apiary or any live swine or pig, live chicken, turkey, pigeon, horse or pony or other domestic or wild fowl within the Borough. Exempted from this prohibition are those domesticated fowl who can be maintained in a cage within the living confines of the owner's residence.
D. 
No person shall keep or maintain within the Borough any reptile with an overall length in excess of two feet, nor any poisonous or constricting reptile regardless of length, or any arachnid.
It shall be the duty and obligation of all owners, lessors or occupiers of real property within the Borough to provide for the removal and disposal of any and all dead cats, dogs and other animals upon such real property. It shall be the duty of the Animal Control Officer of the Borough to remove and dispose of all dead cats, dogs and other animals from the streets, highways and other public ways and places of the Borough.
No person shall cause or allow any house, hut, area or place where any dog, cat or other animal is or may be kept to become unclean or unwholesome.
Any dog, cat, or other animal found in the Borough either without a Pennsylvania state license or running at large under conditions set forth in this article is hereby declared to be a nuisance and shall be impounded as hereinafter provided.
Police officers or the Animal Control Officer of the Borough are hereby authorized to secure and use, with reasonable precautions, any device or gun that propels an instrument, pellet or drug for the purpose of immobilizing or anesthetizing an animal for the purpose of securing and impounding such animal.
Police officers of the Borough and such other persons as may be retained by Council shall act as the Animal Control Officer. The duty of such Animal Control Officer shall be to take into custody any and all dogs, cats or other animals found in violation of any provision of this article and not restrained, leashed or secured upon the owner's property or property which the owner has permission to use and to convey the same to such shelter or pound as is from time to time designated by Council. A notice of seizure shall be sent to the owner of such dog, cat or other animal, if known, in accordance with commonwealth law. It shall be a violation of this article to interfere with an animal control officer in the performance of his duties.
Any person violating the provisions of this article shall, upon conviction thereof, be punishable for each offense by a fine of up to the maximum amount provided from time to time by state statute, plus costs of prosecution. Each day's failure to comply with any such provision shall constitute a separate violation.
Any dog, cat or other animal taken to the Society for the Prevention of Cruelty to Animals after being picked up, seized or captured under the terms of this article shall subject the owner of said dog, cat or other animal to any additional cost or fee or charge which the Society for the Prevention of Cruelty to Animals shall impose to accept such dog, cat or other animal, in addition to the fines and costs set forth in this article.
[Adopted 10-1-2012 by Ord. No. O-12-3, approved 10-1-2012]
As used in this article, the following terms shall have the meanings indicated:
HARBORING
Maintaining custody or control over a cat, or permitting a cat to remain on premises or providing shelter or food, which shall include the leaving of food in an area to which stray cats have access.
PUBLIC NUISANCE
A cat that damages either public or private property or harms the lawful users or occupants thereof; a cat that defecates on private or public property, or runs loose, stray or unattended.
STRAY CAT
A cat having no known owner or custodian or known place of care and shelter, or not identified with the owner's name and address on the collar of the cat, or unattended or running loose.
A. 
No cats shall be stray; no cats shall be permitted to run loose, unattended, nor be permitted to cause a public nuisance.
B. 
Any person who owns, keeps or harbors any cat located within the Borough of Marcus Hook or permits a cat to enter the Borough of Marcus Hook shall exercise sufficient and proper care and control over such animal at all times so as to prevent the animal from becoming a public nuisance or other violation of this article.
C. 
No person owning, keeping or harboring any cat shall permit it to soil, defile or commit any nuisance on any place where people congregate or walk or upon any public or private property whatsoever. This provision shall also apply to all privately owned property in the Borough, including the property of the owner or keeper of the cat and the property owned or controlled by persons who have invited or permitted the owner or keeper of a cat to bring such cat upon the premises.
D. 
No person owning or keeping a cat shall permit such cat to become a public nuisance as defined herein. No person shall harbor any nonowned, unidentified or stray cat or make food or shelter available to the same.
E. 
No person shall abandon any cat of any age or permit a cat to become a stray.
F. 
No person shall interfere with the Marcus Hook Animal Control Officer or any agent of the Borough in the performance of his duties relating to the control of stray cats in the Borough.
G. 
All cats must be identified on the cat's collar with the owner's name and address. All cats must be currently vaccinated for rabies and tagged to confirm current vaccination.
H. 
No person shall harbor any nonowned, unidentified or stray cat or make food or shelter available to the same following receipt of a notice from the Secretary of the Borough or Code Enforcement Officer advising said person that a harboring in violation of this article is occurring and giving said person seven days within which to cease and desist such harboring.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
Any person violating the provisions of this article shall, upon conviction thereof, be punishable for each offense by a fine of up to the maximum amount provided from time to time by state statute, plus costs of prosecution. Each day's failure to comply with any such provision shall constitute a separate violation.
Any cat picked up, seized or captured by the Marcus Hook Animal Control Officer and taken the Society for the Prevention of Cruelty to Animals, Humane Society or other approved location shall subject the owner of said cat to any cost or fee or charge to pick up, seize or capture the cat and any costs or fee or charge imposed by the Society for the Prevention of Cruelty to Animals, Humane Society or any approved receiving entity in addition to the fines and costs set forth in this article.