Borough of Red Hill, PA Chapter 2 Animals

Part 1 CONTROL OF DOGS AND OTHER ANIMALS

§ 2-101 Definitions.

[Ord. 445, 10/12/2005]

As used in this Part, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:

DANGEROUS DOG

Any or all of the following:

A. Any dog which bites, inflicts injury, assaults (which assaults shall include dogs at large approaching any person upon the streets, sidewalks or other public grounds or places in a threatening or terrorizing manner without provocation), or otherwise attacks a human being without provocation;

B. Any dog which is deemed a dangerous dog under and pursuant to the Pennsylvania Dog Law, Title 3 P.S. § 459-101 et seq.

OWNER

Every person, proprietor, corporation, partnership or association that actually owns a dog, or who has a dog in his or its care or permits an animal to remain on or about any premises occupied by him or it. The parent or guardian of any minor claiming ownership of any dog shall also be deemed the owner of such animal.

RUNNING AT LARGE

Being upon any public highway, street, park or any other public land, or upon property of another person other than the owner, and not being accompanied by and under the control of the owner or any other person having custody of said dog.

§ 2-102 Nuisance.

[Ord. 445, 10/12/2005]

1. It shall be unlawful for any person(s), corporation, partnership or other entity whatsoever, to harbor, care for, shelter or maintain any dogs in such a manner as to disturb or unduly annoy the public through the dog's noise, barking, smell, mischief or other harmful propensities. All dog pens or other areas in which animals are kept shall be maintained in a sanitary condition free of offensive, obnoxious or foul odors.

2. It shall be unlawful to own, possess, harbor, control or keep any dog which makes noise continuously for a period of 15 minutes, even though there may be intermittent periods of quiet, and regardless of whether the animal is physically situated in or upon private property. Said noise shall constitute a nuisance, provided that at the time the dog is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the dog is legitimately situated, nor is there any other legitimate cause which justifiably provoked the dog.

§ 2-103 Fecal Matter.

[Ord. 445, 10/12/2005]

1. No owner, custodian or keeper of any dog shall allow or permit the same to discharge or deposit any fecal matter (defecate) upon any property not owned or leased by the owner, custodian or keeper of such animal, without immediately removing and disposing of the fecal matter in a sanitary manner.

2. No owner or possessor of real property shall permit animal fecal matter to accumulate on such property, and it shall be the responsibility of such owner or possessor to remove such matter to prevent any such accumulation from becoming a danger to public health.

§ 2-104 Vaccination Against Rabies.

[Ord. 445, 10/12/2005]

All dogs shall be vaccinated against rabies by a licensed veterinarian in accordance with the requirements set forth in the Rabies Prevention and Control in Domestic Animals and Wildlife Act, 3 P.S. § 455.1 et seq.

§ 2-105 Dangerous Dogs.

[Ord. 445, 10/12/2005]

1. Any person who owns or who has custody of a dangerous dog shall register the dog with Borough officials on a form provided by the Borough.[1] Upon registering a dangerous dog, the owner or custodian shall display, in a conspicuous manner, a sign on his premises warning that there is a dangerous dog on the premises. The sign shall be visible and legible from the sidewalk and street and shall comply with all other applicable laws, including but not limited to the Borough Sign Ordinance.[2]

[1] Editor's Note: The Registration Form is on file in the Borough offices.

[2] Editor's Note: See Ch. 27, Part 6, Signs.

2. The owner or person having custody of a dangerous dog shall confine such dog by one of the following methods if outside, which shall be inspected and approved by the Zoning Officer:

A. A pen or structure with sides and a secure top. Pens must have bottoms secured to the sides or the sides must be imbedded in the ground no less than two feet. Use of this option is subject to all other applicable laws.

B. A fence at least six feet high above the ground and imbedded in the ground no less than two feet. This fence must prevent any possibility of the dog's escape and must have signs conspicuously placed around the entire perimeter of the fence. The use of this option is subject to all other applicable laws.

3. The owner or person having custody of a dangerous dog shall not permit such dog to go beyond confined bounds of the owner's premises or the premises of the person having custody unless the dog is securely leashed and muzzled. This leash shall be no more than four feet in length.

4. Any owner of a dangerous dog that changes his or her address or transfers ownership of such dog shall notify Borough officials of the change of address or of the transfer and the new location of the dog within seven days. The designation of dangerous dog shall transfer with ownership of such animal.

5. Any dog which is a dangerous dog and not registered with Borough officials as a dangerous dog may be immediately seized and detained by a police officer who shall turn the dangerous dog over to an approved animal shelter until the dangerous dog is registered and the owner complies with other applicable provisions of this Part. Upon such seizure, Borough officials shall, by registered or certified mail, with return receipt, notify the owner of such seizure and detention and the requirements to register the dog within 10 days of the date of the seizure. The dog shall continue to be detained until such time as the dog is registered in accordance with this Part. Should the owner fail to register the dog with Borough officials as a dangerous dog within such ten-day period, the owner may be prosecuted before the local District Justice to have said dog be deemed a dangerous dog in accordance with the state law. All animal shelter fees for seized and detained dangerous dogs shall be paid by the owner.

6. In the event that a dog is determined to be dangerous by any Borough official or police officer, the Borough official or police officer may, by written notice sent by both regular and certified mail to the owner, notify the owner of the requirements to register that dog as a dangerous dog within 10 days of such notice. The dog may be detained until such time that the dog has been registered.

7. Dogs that are threatening and, in the opinion of any Borough official or police officer, constitute a threat to public health and welfare may be killed by Borough officials or the police.

8. No dog may be declared a dangerous dog for inflicting injury or damage on any person committing a willful trespass or other tort upon premises occupied by the owner of the dog, or teasing, tormenting or abusing or assaulting the dog, or committing or attempting to commit a crime. No dog may be declared dangerous for taking any action to defend or protect a human being within the immediate vicinity of the dog from an attack or assault.

§ 2-106 Mandatory Licensing of Dogs.

[Ord. 445, 10/12/2005]

It is unlawful for any person to keep or maintain a dog, other than those owned by a public law enforcement agency or its agents and being used for training by such agency or agents, over eight weeks of age within the Borough without obtaining a license from Montgomery County.

§ 2-107 Animals at Large.

[Ord. 445, 10/12/2005]

1. It shall be unlawful for the owner or person having custody of any dog or the parent or guardian of any minor owning or having custody of any animal to allow the dog to go beyond the boundaries of their premises or to run at large over the streets or public grounds or upon the property of anyone other than the owner or person having custody of such dog. It shall also be unlawful for the owner or person having custody of a dog to permit it to pose a danger to pedestrians using adjacent sidewalks and streets.

2. It shall be the duty of the owner, custodian or keeper of any dog traveling on the streets or public grounds to have the animal on a leash at all times.

§ 2-108 Seizure and Detention.

[Ord. 445, 10/12/2005]

1. Borough officials or their authorized agents may seize a dog running at large and convey it to an approved animal shelter where it shall be detained and impounded in a humane manner.

2. Owners of licensed dogs that have been impounded shall be notified by registered or certified mail, with return receipt that the dog is impounded and will be disposed of in five days if not claimed. If the dog has not been claimed within five days after the return receipt has been received, the dog may be sold or destroyed in accordance with state law.

3. Unlicensed dogs that are seized are to be held in a kennel for 48 hours and, if not claimed, may be sold or destroyed in accordance with state law.

§ 2-109 Redemption.

[Ord. 445, 10/12/2005]

The owner of a dog which has been detained and impounded may reclaim his animal upon payment of any and all actual costs expended by Borough Council to capture and impound the animal and upon payment of all other reasonable expenses and costs incurred by the keeper of the animal shelter by reason of the detention, impoundment and maintenance of the animal. The owner shall pay the seizure fee to the Borough. The expenses and costs incurred by the shelter keeper due to impoundment and maintenance of the dog may be paid by the owner to the shelter keeper in a manner determined by the shelter keeper. In no event shall any animal required to be licensed by law be released from detention and impoundment until it has been licensed. Payment of the seizure fee, expenses and costs shall not bar prosecution of the owner for any violation of law.

§ 2-110 Summary Humane Destruction.

[Ord. 445, 10/12/2005]

When in the judgment of any Borough official or police officer it is determined that an animal has been injured beyond any medical help, in an accident or otherwise, such animal may be humanely destroyed.

§ 2-111 Penalties.

[Ord. 445, 10/12/2005]

1. The first two times a dog is seized, the owner shall pay a fine of $150 to the Borough, the actual costs of the Code Enforcement Officer to enforce this Part, and the costs for keeping the dog in a kennel.

2. Any person allowing a dog to run at large a third time in violation of this Part shall, upon conviction thereof before a District Justice, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.

3. Any person who violates any other provision of this Part shall, for every such violation, upon conviction thereof before a District Justice, be subject to a fine or penalty payable to the Borough of not less than $150 or more than $600 plus costs, and in default of payment thereof shall be subject to imprisonment for not more than 30 days.

4. The owner of a dangerous dog who fails to comply with the provisions of this Part shall, upon conviction thereof before a District Justice, be subject to a fine or penalty of not less than $500 or more than $1,000 plus costs for the first offense and not less than $500 or more than $1,500 plus costs for a second or subsequent offenses, and in default of payment thereof shall be subject to imprisonment for not more than 30 days. Each day that a violation of this Part continues shall constitute a separate offense.

Part 2 REGULATION OF OTHER ANIMALS

§ 2-201 Definitions.

[Ord. 383, 7/9/1997, § 3]

WILD or EXOTIC ANIMAL — Any animal of a species prohibited by Title 50, Code of Federal Regulations, as amended from time to time, or otherwise controlled by the laws of the Commonwealth of Pennsylvania. It shall include any animal which is wild, fierce, dangerous, noxious or naturally inclined to do harm and shall include the wolf, fox, coyote, dingo, all members of the cat family except commonly-accepted domestic cats, bears, weasels, raccoons, civets, sub-human primates, porcupines, skunks excepting those which have been surgically altered and domesticated, venomous snakes and lizards, alligators, crocodiles and venomous fish and piranha.

§ 2-202 Keeping of Certain Animals Prohibited.

[Ord. 383, 7/9/1997, § 3; as amended by Ord. 424, 5/12/2004, § 1]

1. No person shall keep a wild or exotic animal as defined herein within the Borough; provided that a wild or exotic animal may be kept or maintained in a humane society, circus or facility used for educational or scientific purposes when a police officer has previously been notified of the same and has determined that such animal is confined within proper cages, fences and other protective devices sufficient to prevent such animal from escaping or causing injury to the public.

2. It shall be unlawful for any person to keep, raise, board or maintain within the Borough any cattle, horses, swine (including, but not limited to, pot-bellied pigs), sheep, goats, fowl or any other animal prohibited by Chapter 27 (Zoning), § 27-316 (Accessory Uses), Subsection 3 (Special Standards), Paragraph G (Keeping of Animals or Fowl).

[Amended by Ord. No. 2019-552, 1/9/2019]

§ 2-203 Sale or Exchange.

[Ord. 383, 7/9/1997, § 3]

No person shall sell, offer for sale or adoption, exchange or transfer, with or without charge, any wild or exotic animal.

§ 2-204 Cruelty to Animals.

[Ord. 383, 7/9/1997, § 3; as amended by Ord. 424, 5/12/2004, § 1]

1. It shall be unlawful for any person to:

A. Overdrive, overload, overwork, torture, beat, mutilate, kill needlessly, carry in a vehicle in an inhumane manner or otherwise mistreat any animal.

B. Fail to provide any pet or animal with proper food, drink, protection from the weather and veterinary care.

C. Abandon any pet or animal.

D. Intentionally poison any pet or animal.

E. Allow or promote any fight between animals or allow or permit any such fight in or upon premises in his possession or control.

2. In the event a police officer finds an animal in neglected or suffering condition, he shall have the authority forthwith to remove or cause to be removed such animal to a safe place for appropriate care or treatment, at the expense of the owner, who shall be promptly notified of the same. Return to the owner of said animal shall not be made until the owner has made full payment for expenses incurred by the Borough.

§ 2-205 Penalty.

[Ord. 383, 7/9/1997, § 3; as amended by Ord. 424, 5/12/2004, § 1]

Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.