[R.O. 2004 § 205.010]
As used in this Chapter, the following terms shall have the meanings herein ascribed to them:
- ANIMAL WARDEN
- A person designated by the Board of Aldermen to enforce the provisions of this Chapter.
- AT LARGE
- Any animal shall be deemed to be at large when it is off the property of its owner or keeper and not under the control of a competent person.
- DOGS OR CATS
- All animals of the canine or feline species, both male and female.
- EXPOSED TO RABIES
- An animal has been exposed to rabies when bitten by, or fought with, or has come in close contact with a dog or other animal shown to be infected with the rabies virus as determined by standard laboratory testing.
- Any person, group of persons or corporation engaged in the commercial business of breeding, buying, selling or boarding dogs.
- OWNER OR KEEPER
- Any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in his/her care, or acts as its custodian, or who knowingly permits a dog or cat to remain on or about any premises owned or occupied by him/her.
- Any premises designated by action of the Board of Aldermen for the purpose of impounding and caring for all animals found running at large in violation of this Article.
- A dog is under restraint if he/she is controlled by a leash, at heel or beside a competent person and obedient to that person's commands, on or within a vehicle being driven or parked on the streets or within the property limits of his/her owner.
- RUNNING AT LARGE
- Allowing a dog or cat to be off the private premises of the owner or keeper, or his/her agent or servant, and not on a leash, at heel or beside a competent person and obedient to that person's commands, or confined to the arms, motor vehicle, trailer or other conveyance of the owner or keeper, his/her agent or servant.
- SERIOUS PHYSICAL INJURY
- Physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.
- A person upon the premises of the owner or keeper of the dog in question without license or privilege to be upon said premises.
- VICIOUS DOG
- Any of the following dogs:
- 1. Any dog, whether or not running at large, and whether or not unrestrained, that without provocation has bitten any person not a trespasser causing serious physical injury to that person.
- 2. Any unrestrained dog, whether or not running at large, that without provocation has attempted to bite any person not a trespasser which would cause serious physical injury to that person.
- 3. Any unrestrained dog, whether or not running at large, that without provocation has placed any person not a trespasser in apprehension of immediate serious physical injury.
- 4. Any dog that has killed or caused serious physical injury to another dog, cat or other domestic animal without provocation.
[R.O. 2004 § 205.020; CC 1986 § 73.020]
For the purpose of enforcing the provisions of this Chapter, any Law Enforcement Officer or animal warden of the City is hereby empowered to enter upon any premises upon which a dog is kept or harbored and demand the exhibition by the owner of such dog or the certificate of vaccination for such dog.
[R.O. 2004 § 205.030; CC 1986 § 73.030]
Any person who shall permit any bear or other dangerous animal to run at large or lead any such animal with a chain or rope or other appliance, whether such animal is muzzled or unmuzzled, in any thoroughfare within the City shall be deemed guilty of an ordinance violation.
[R.O. 2004 § 205.040; CC 1986 § 73.040]
Any person owning or in possession or control of any animal or bird who shall permit such animal or bird to make loud and unseemly noises so as to disturb the peace or repose of any person shall be deemed guilty of an ordinance violation.
[R.O. 2004 § 205.050; CC 1986 § 73.060]
Any person who shall purposely cause dogs, chickens or other animals to fight in the City shall be deemed guilty of an ordinance violation.
[R.O. 2004 § 205.060; CC 1986 § 73.070]
It shall be unlawful for any person to knowingly sell, offer for sale, barter or give away baby chicks, ducklings, other fowl or rabbits under three (3) weeks of age as pets, toys, premiums, sales promotions or novelties within the corporate limits of the City; provided, however, that this Section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings or other fowl in proper brooding facilities by hatcheries or stores engaged in the business of selling them to be used for commercial or domestic purposes.
[R.O. 2004 § 205.070; CC 1986 § 73.140]
Every owner shall keep his/her dog or cat under restraint at all times and the dog or cat shall not be at large off the premises or property of the owner unless under the control of a competent person.
[R.O. 2004 § 205.080]
It shall be unlawful to own, keep or harbor a vicious dog in the City of Duquesne except in accordance with the following provisions:
Leash And Muzzle. No person shall permit a vicious dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts or buildings. In addition, all vicious dogs on a leash outside its kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine vicious dogs must be locked with a key or combination lock when such dogs are within the structure. Said structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be imbedded in the ground no less than two (2) feet. Also, such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
Confinement Indoors. No vicious dog may be kept on a porch, patio or any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
Signs. All owners, keepers or harborers of vicious dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog." In addition, a similar sign is required to be posted on the kennel or pen of such dog.
Insurance. All owners, keepers or harborers of vicious dogs must provide proof to the City of Duquesne of public liability insurance in a single incident amount of fifty thousand dollars ($50,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any persons that may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days' written notice is first given to the City of Duquesne.
Identification Photographs. All owners, keepers or harborers of vicious dogs must provide to the City Clerk two (2) color photographs [two (2) different poses] of the animal clearly showing the color and approximate size of the animal.
[R.O. 2004 § 205.090]
The owner of every dog and cat over six (6) months of age shall have such dog or cat inoculated or immunized against rabies each twelve (12) months. It shall be unlawful for any person to maintain or keep or have within the City limits any dog or cat which has not been inoculated or immunized against rabies unless such dog or cat is less than six (6) months of age. The certificate of a licensed veterinarian showing that any dog or cat shall have been inoculated or immunized against rabies within the period of one (1) year immediately preceding the time in question shall be sufficient evidence of compliance herewith; provided, however, the immunization required herein shall not apply to a cat which has no access to the outdoors and is wholly confined to the inside of its owner's residence.
[R.O. 2004 § 205.100]
It shall be the duty of the Chief of Police, the City Police, and any other person of the City of Duquesne, especially designated by the Board of Aldermen and the Mayor for such purpose, to take up any dog or cat running at large, or any vicious dog in violation of Section 205.080 above and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method. Any animal found in violation of the provisions of this Chapter may be seized and impounded by any law officer or animal warden. Impoundment may be in any animal shelter designated by the Board of Aldermen.