Borough of Hallam, PA
York County
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Table of Contents
Table of Contents
[Ord. 1987-2, 4/13/1987, § 1]
This Part shall be known as the "Poisonous Reptile Ordinance of Hallam Borough."
[Ord. 1987-2, 4/13/1987, § 2]
The Borough has the power to impose the following regulations on the keeping of poisonous reptiles pursuant to 53 P.S. §§ 46202(6), 46202(13) and 46202(74).
[Ord. 1987-2, 4/13/1987, § 3]
KEEPING
Maintenance, harboring or care of a poisonous reptile within the Boundaries of the Borough of Hallam including, but not limited to, the care and maintenance of any poisonous reptile by any person or organization, whether such reptile is kept in a cage or allowed to roam free within a private structure.
POISONOUS REPTILE
Any reptile whose bite delivers a poison or noxious venom or fluid which venom or fluid may cause illness or death to an individual receiving such a bite, whether or not any reptile actually bites or attempts to bite, or any bite of such reptile actually results in sickness or death.
[Ord. 1987-2, 4/13/1987, § 4; as amended by Ord. 2004-1, 2/9/2004, § 1]
1. 
Any person or organization desiring to keep, care for or maintain any poisonous reptile or reptiles within the boundaries of the Borough of Hallam shall make application to Hallam Borough Council requesting licensure of the keeping of such reptile or reptiles.
2. 
Such application shall be in the form prescribed by Hallam Borough Council. Application forms shall be available in the office of the Secretary of Hallam Borough.
3. 
Any person or organization applying for such licensure shall pay to the Borough a sum, in an amount to be determined, from time to time, by resolution of the Borough Council upon granting of the requested licensure by the Borough. The Borough shall have the right to deny any such application made under this section of this Part for reasons of the public health, welfare and safety and the granting or denying of any application is within the discretion of the Borough Council.
[Ord. 1987-2, 4/13/1987, § 5]
Unless licensed under § 2-104 of this Part, it shall be unlawful for any person or organization to keep, care or maintain any poisonous reptile within the boundaries of the Borough of Hallam as a pet, for business purposes or for any other purpose.
[Ord. 1987-2, 4/13/1987, § 6]
1. 
The Borough shall enforce this Part through the Police Department representing the Borough (hereinafter "police"). Said police are hereby empowered to investigate any and all complaints regarding the keeping of such poisonous reptiles within the boundaries of the Borough of Hallam. Said police are empowered to enter upon private premises for the purpose of inspection of the premises to confirm or disaffirm any allegations that a poisonous reptile or reptiles are being kept on the premises by the owners thereof.
2. 
If said police locate upon any premises within the Borough of Hallam a poisonous reptile or reptiles, said police are empowered to seize said reptile(s) and to have said reptile(s) destroyed.
[Ord. 1987-2, 4/13/1987, § 7; as amended by Ord. 2004-1, 2/9/2004, § 1]
In addition to the forfeitures above-referenced, 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 pay of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. Factors to be considered in assessing a fine under this section shall be the type of reptile or reptiles kept, the number of reptiles kept, the manner in which such reptiles were kept, i.e., whether free within a structure or within cages or other confining apparatuses and whether any injury or death resulted from the keeping of said reptile or reptiles.
[Ord. 2000-6, 12/11/2000, § 1]
Any person who own, harbors, keeps or otherwise is in charge of any dog within or frequenting the Borough shall not permit such dog to be unattended within the Borough and shall ensure that said dog is restrained by a leash or other appropriate control device so that it may not stray beyond the premises to which it is secured or under reasonable control of a responsible individual.
[Ord. 2000-6, 12/11/2000, § 2]
In the event a dog is walked anywhere in the Borough, said person controlling the dog shall ensure that the dog is properly curbed. Such curbing shall be permitted only on public streets, public grounds and on private property with the express permission of the owner of such property.
[Ord. 2000-6, 12/11/2000, § 3]
Any person who curbs a dog shall immediately remove all feces deposited by such dog by any sanitary method and shall deposit said feces in the owner's garbage or otherwise dispose of the feces in a sanitary manner. The deposit shall be properly wrapped, packaged or protected so as to prevent unsightly disposal, smell or interference with general public, good health and welfare.
[Ord. 20000-6, 12/11/2000, § 4; as amended by Ord. 2004-1, 2/9/2004, § 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 or each Section of this Part which shall be found to have been violated shall constitute a separate offense.
[Added Ord. No. 2017-2, 3/13/2017]
1. 
It shall be unlawful for any person to tether, fasten, chain, tie, restrain or cause an unattended dog to be fastened, chained, tied or restrained to houses, trees, fences, garages, stakes or other stationary or highly immobile objects by means of a rope, chain, strap or other physical restraint for the purpose of confinement, except in circumstances where all of the following requirements are satisfied:
A. 
The tethering is not for a longer period of time than necessary for the dog owner or custodian to complete a temporary task that requires the dog to be physically restrained for a reasonable period of time; and
B. 
The tether is attached to the dog by a non-choke-type collar and attached to the stationary object by swivel anchors, latches, or similar devices in a manner which prevents the tether from becoming entangled around any object so as to limit the dog's freedom within the tethered area, or to prevent the dog, or any of its appendages, from becoming entangled by the tether; and
C. 
The dog has easy access to (i) clean drinking water and (ii) adequate shade and/or shelter within the tethered area; and
D. 
The dog is periodically monitored while tethered for the aforementioned reasonable period of time; and
E. 
The dog is not tethered outdoors during any period in which a severe weather warming has been issued for York County by the National Weather Service; and
F. 
The dog is not tethered outdoors for a continuous period of time greater than 1/2 hour if the temperature during such period remains entirely either (i) below 32° F. or (ii) above 90° F.
2. 
It shall be unlawful for any person to leave any dog outside and unattended during any period in which a severe weather warning has been issued for York County by the National Weather Service or for a continuous period of time greater than 1/2 hour if the temperature during such period remains entirely either (i) below 32° F. or (ii) above 90° F. "Outside," for purposes of this section, shall mean any unattended dog that is outside and subject to the weather and elements, which expressly includes, but is not limited to, a dog in securely fenced-in yard, a dog in a kennel, or a dog tethered or tied-out. The dog shall be considered "outside" regardless of access to an outdoor doghouse or similar structure.
3. 
An agent of any society or association for the prevention of cruelty to animals (SPCA), incorporated under the laws of the commonwealth as provided in 18 Pa.C.S.A. § 5511 (the Pennsylvania Animal Cruelty Law), may be appointed by resolution of the Borough to enforce this section. If appointed by resolution, such SPCA agent shall have all of the powers and responsibility to enforce this section as provided herein along with all of those powers vested in such agent under the Pennsylvania Animal Cruelty Law.
4. 
In addition to police authority having jurisdiction, any officer, employee, or agent of the Borough duly appointed by the Borough, or a SPCA agent duly appointed by resolution by the Borough, is hereby authorized to notify any owner or occupant of any premises in violation of this section, either personally or by posting such notice upon the premises, that such owner must bring the outdoor dog tethering violation into compliance with this section within one day of receipt of such notice. Upon the failure of such owner or occupant to bring his or her tethering situation into compliance with this section within such period of time, any of the foregoing individuals authorized by the Borough to enforce this section are hereby authorized to enter upon such premises and to temporarily remove such dog from the property.
5. 
Any removed dog will be held at the York County Society for the Prevention of Cruelty to Animals. Prior to any hearing regarding the violation, such dog owner may regain possession of any confiscated dog upon an adequate showing to the confiscating party that his or her tethering situation has been brought into compliance with this section. No confiscated dog shall be considered surrendered to the confiscating party unless expressly surrendered by the dog owner or adjudicated as forfeited as provided in the Pennsylvania Animal Cruelty Law after a hearing on the matter as provided in Subsection 6.
6. 
Any person who violates any provisions of this chapter shall commit a summary offense, and shall, upon being found guilty by a Magisterial District Judge, after hearing, pay a fine not to exceed $500, together with all enforcement and shelter costs in the event a dog must be confiscated, and all court costs as permitted by law. Each day of violation shall constitute a separate offense, which shall be subject to prosecution as such. Enforcement and prosecution of any violation of this section may be conducted by the Borough as provided by law or by a SPCA agent and its counsel as provided in the Pennsylvania Animal Cruelty Law.
7. 
This section shall be effective five days after its enactment