City of Monessen, PA
Westmoreland County
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Table of Contents
Table of Contents
[Adopted 8-21-2010 by Ord. No. 10-2010]

§ 130-18 Definitions.

In this article, the following definitions shall apply:
ANIMAL CONTROL OFFICER
The individual, firm, corporation, association, or partnership duly appointed by City Council to perform animal control activities pursuant to the laws of the commonwealth and the ordinances of the City.
BOARD OF HEALTH
The Board of Health of the City.
CAT
The genus and species known as Felis Catus, whether male or female.
CITY
The City of Monessen.
COMMONWEALTH
The Commonwealth of Pennsylvania.
INOCULATION, VACCINATION or VACCINATION FOR RABIES
The inoculation of a cat with a vaccine approved by the commonwealth for use in the prevention of rabies.
KEEP or HARBOR
Permitting to remain or to be lodged or to be fed within the house, store, yard, enclosure, or other place, on a habitual basis.
KENNEL
The house, store, yard, enclosure or place where two or more weaned, unspayed or unneutered cats are harbored or kept; provided, however, this definition shall not apply to spayed female cats nor to an animal shelter or animal hospital operated by veterinarians duly licensed under the laws of the commonwealth, which treats or boards cats for others.
OWN
To have or claim a property interest in, keep, harbor, or have charge, custody, or control of a cat.
OWNER
Any person owning, keeping, or harboring a cat.
PERSON
Any individual, firm, corporation, association, or partnership.
RUNNING AT LARGE
The presence of a cat off the premises of the owner and not under the control of the owner or a member of his or her immediate family.

§ 130-19 Vaccination against rabies required; vaccination tag.

Any person within the City owning a cat three months of age or older shall have such cat vaccinated by, or under the supervision of, a licensed veterinarian, against rabies. Each unvaccinated cat three months of age acquired or moved into the City must be vaccinated within 30 days after purchase or arrival. It shall be the duty of every veterinarian, at the time of vaccinating any cat, to provide a copy of the rabies vaccination certificate to the owner. The rabies vaccination tag shall be attached to and kept upon the collar or harness of the cat. The three-year rabies vaccine shall be the recognized vaccine to be used, and booster vaccines shall be obtained, as provided in 3 P.S. § 455.8, as amended, of the laws of the commonwealth.

§ 130-20 Cats running at large.

It is hereby declared unlawful for any owner, keeper, or harborer of any cat to permit such cat to run at large.

§ 130-21 Wearing of collars; removal of vaccination tag.

An owner, keeper or harborer is responsible to insure that a cat of three months of age or older wears a collar bearing a rabies vaccination tag. It shall be unlawful for any person to remove, or cause to be removed, the rabies vaccination tag from the collar of any cat.

§ 130-22 Public nuisance.

[Amended 2-16-2011 by Ord. No. 3-2011]
Any cat running at large within the City is declared to be a public nuisance. When, from time to time, Council determines that the presence of cats running at large in the City warrants action by the Animal Control Officer, Council may enter into an agreement with the City’s Animal Control Officer, or any other duly qualified individual or entity ("Animal Control Officer"), to capture and dispose of cats running at large, consistent with the provisions of this article. The Animal Control Officer shall be empowered to capture, take custody of and dispose of cats running at large in a manner consistent with the provisions of this article. If such cat is so delivered to the owner, an impoundment fee of $50 shall be paid by the owner to the City within five days of delivery. Failure to pay said fee shall constitute a separate violation of this section.

§ 130-23 Cats injuring or destroying property of others.

The owner, keeper or harborer of any cat that in any manner injures or destroys any real or personal property of any description belonging to another shall be in violation of this article. If upon the trial of any offense under in this section it shall appear to the Magisterial District Judge that the person be guilty as charged in said complaint or citation, said judge may, in addition to the usual judgment of conviction, order the person so offending to make restitution to the party injured in an amount equal to the value of the property so injured or destroyed.

§ 130-24 Poisoning or injuring cats.

It shall be unlawful for any person to administer, or cause to be administered, poison of any sort whatsoever to any cat, or to neglect, or in any manner to mistreat, injure, maim, or destroy except as specifically authorized in this article, or in any manner to attempt to mistreat, injure, maim, or destroy a cat of another, or to place any poison, poisoned food or poisoned bait where the same is accessible to any cat. This section shall not be interpreted to prohibit an act of a licensed veterinarian in causing a cat's death in a humane manner with the approval of the owner of the cat.

§ 130-25 Duty to place cat under observation; when required; procedure.

When any cat owner, keeper or harborer has been notified by any person injured or by someone in his or her behalf, or by someone with knowledge of said injury, that said person has been bitten or attacked by said cat, or when any cat owner, keeper or harborer has been notified by any person that said cat has been bitten by a rabid animal, the owner, keeper or harborer shall immediately place the cat under the care and observation of a person or agency so designated by the laws or Administrative Code of the commonwealth.

§ 130-26 Disposition of captured cats running at large.

[Amended 2-16-2011 by Ord. No. 3-2011]
Upon capture of a cat running at large, the Animal Control Officer:
A. 
May, in the discretion of the Animal Control Officer, return the cat to its owner if the Animal Control Officer is able readily to ascertain the identity and residence of the owner. Return of the cat to the owner shall require the owner's written acceptance of the cat on a form prepared by the City and compliance with the requirements of § 130-27. In determining whether to return or attempt to return the cat to an owner, the Animal Control Officer may consider whether the cat has previously run at large, or whether the owner, if known, is or has been a harborer of cats running at large.
B. 
Any cat running at large and captured by the Animal Control Officer which is not returned to an owner shall be delivered to the Humane Society except if the Animal Control Officer, in his or her sole judgment, determines that the cat is suffering from any injury or disease and recovery is doubtful. The cat may then be destroyed in a humane manner.
C. 
The owner of any cat which is delivered to the Humane Society under this article shall be responsible for payment of the fee set out in this article, which shall be paid to the City, along with any fee imposed by the Humane Society to accept the cat, within 15 days after the cat is delivered to the Humane Society.

§ 130-27 Capture fee; Humane Society acceptance fee.

[Amended 2-16-2011 by Ord. No. 3-2011]
A. 
Any cat captured by the Animal Control Officer because of the violation of any of the provisions of this article by its owner shall be released to the owner thereof by the Animal Control Officer upon proof of ownership of such cat and upon presentation of a valid and current rabies certificate showing that such cat has been properly inoculated for rabies, and upon the payment of a capture fee of $50.
B. 
The City shall pay to the Humane Society, or shall reimburse the Animal Control Officer for payment thereof, the fee for the acceptance by the Humane Society of a cat captured by the Animal Control Officer under the provisions of this article, which is not released to its owner.
C. 
Should the City or the Animal Control Officer become aware of the identity of the owner of a cat captured and delivered the Humane Society, under the provisions of this article, within one year after the delivery of the cat to the Humane Society, the City shall be entitled to collect from the owner the capture fee and the Humane Society delivery fee, and may pursue collection at the office of the Magisterial District Judge.

§ 130-28 Animal Control Officer.

Council may, from time to time, hire and contract with an Animal Control Officer as necessary to carry out the provisions of this article.

§ 130-29 Interference with capture of cats.

It shall be unlawful for any person to hinder, delay, interfere with, or obstruct the Animal Control Officer while engaged in capturing, securing, or taking to the animal shelter any cat or cats subject to be impounded, or to break open or in any manner directly or indirectly aid, counsel, or advise the breaking open of any animal shelter, or any ambulance, wagon, or other vehicle used for the collecting or conveying of cats to the shelter.

§ 130-30 Violations and penalties.

[Amended 2-16-2011 by Ord. No. 3-2011]
A. 
Other than an action by the City to collect unpaid capture or Humane Society delivery fees, any person, firm, or corporation violating any provision of this article shall be fined not less than $75 nor more than $300 for each offense, and a separate offense shall be deemed to be committed each day during or on which a violation occurs or continues.
B. 
City Council, in its discretion, may, from time to time, change the amount of the capture fee, by duly passed resolution.