This chapter may be cited as the "2021 Monessen Animal Regulation Ordinance."
The purpose of this chapter is to ensure the safety of all residents, the welfare and quality of life of the general public, and the health and safety of animals and wildlife, domesticated and nondomesticated, and to update rules regulations and penalties to modern standards.
Unless otherwise specifically defined below, words or phrases used herein shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application consistent with its intent. Words used in the present text include the future and past, words in the plural number include the singular, words in the singular number include words in the plural and words wither in the feminine, masculine or neuter shall include words of the other two genders.
ANIMAL CARE FACILITY
An animal control center or animal shelter maintained by or under contract with any state, county or municipality, whole mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes or rescue organizations.
ANIMAL CONTROL OFFICER
The person, 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.
APPROVED ENTITY OR PERSON
A person, firm, corporation, association, or partnership who has been trained in safe and humane bird handling; holders of wildlife rehabilitator permits; wildlife capture and transportation permittees; and the PA Game Commission Regulations for Wildlife Rehabilitation.
BOARD OF HEALTH
The Board of Health of the City.
BREEDER
A business or person who displays, offers for sale, delivers, barters, auctions, gives away, transfers, or sells dogs, cats or rabbits from the premises on which they were bred or reared.
CAT
The genus and species known as Felis Catus, whether male or female.
CAUSE A PERFORMANCE
To be responsible for the management of a performance, to financially benefit as an owner or operator from a performance, or to sponsor a performance.
CERTIFICATE OF SOURCE
A document from an animal care facility or rescue organization, declaring itself to be the source of the dog, cat or rabbit on the premises of a pet shop, retail business, or other commercial establishment. The certificate of source shall include the name and address of the source organization, the name and address of the pet shop, retail business or other commercial establishment, and a written description, photograph, and license number (if applicable) of each dog, cat or rabbit identified.
CITY
The City of Monessen.
COMMERICAL ESTABLISHMENT
Any for-profit business enterprise, including a sole proprietorship, other than a breeder. This term includes, but is not limited to, businesses engaged in the retail or wholesale commerce related to dogs, cats, and rabbits; grooming parlors, canine day care, and boarding facilities.
COMMONWEALTH
The Commonwealth of Pennsylvania.
COMPANION ANIMAL
Any type of animal that is commonly kept by persons as a pet or for companionship and includes but is not limited to domesticated dogs, domesticated cats, ferrets, gerbils, guinea pigs, hamsters, horses, mice, rabbits and rats.
DOG
The genus and species known as Canis familiaris, whether male or female.
DOMESTIC ANIMAL
Any animal that is livestock, a companion animal, or both.
FOSTER DOG
A dog that is brought into a home on a temporary basis, for the purpose of caring for and nurturing said dog, until it is permanently adopted by an owner.
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 dogs or 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 dogs or cats for others.
LIVESTOCK
Poultry, cattle, swine, sheep, goats, horses, donkeys and mules.
OWN
To have or claim a property interest in, keep, harbor, or have charge, custody, or control of an animal.
OWNER
Any person owning, keeping, or harboring a dog or cat.
PERFORMANCE
Any public showing, presentation, display, exposition, fair, act, circus, ride, trade show, petting zoo, carnival, parade, race, photographic opportunity, exhibition or similar undertaking in which animals are required to perform tricks, fight or participate as accompaniments for the entertainment, amusement or benefit of an audience.
PERSON
Any individual, establishment, firm, association, organization, partnership, trust, corporation or company.
PET SHOP
Any business or person that acquired dogs, cats, rabbits or any other animal for the purpose of resale, whether as owner, agent or co-signee.
PIGEON
The term "pigeon" is defined as any bird of the family Columbidae, order Columbiformes, including, but not limited to, the rock dove and rock pigeon.
RESCUE ORGANIZATION
Any nonprofit organization that is exempt from taxation under Internal Revenue Code Section 501(c)(3), whose mission and practice is, in whole or in significant part, the rescue and placement of dogs, cats, or rabbits in permanent homes.
RUNNING AT LARGE
The presence of a dog or cat on the premises of the owner and not under the control of the owner or a member of his or her immediate family.
VICIOUS DOG
Any or all of the following, excepting police dogs, squad dogs or guard dogs acting under supervision of a police officer or prison guard: A dog which is trained to attack or cause injury or to otherwise endanger the safety of human beings or domestic animals.
A. 
Any dog, which bites, inflicts injury on, 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 3 P.S. § 459-101 et seq. (the "Dog Law").
C. 
Notwithstanding the provisions detailed above, no dog may be declared a vicious 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 vicious for taking any action to defend or protect a human being within the immediate vicinity of the dog from an attack or assault.
WILD OR EXOTIC ANIMAL
Includes but is not limited to the following orders or families, or similar orders or families, whether bred in the wild or in captivity, and any hybrid thereof, including with domestic animals. The examples identified in parentheses are not intended to be an exhaustive list and do not limit the generality of each group of animals, unless otherwise specified:
A. 
Nonhuman primates (chimpanzees, lemurs and monkeys).
B. 
Felidae (except domesticated cats).
C. 
Canidae (except domesticated dogs).
D. 
Ursidae (bears).
E. 
Proboscidea (elephants).
F. 
Cetacea (whales, dolphins, porpoises).
G. 
Crocodilia (alligators, crocodiles).
H. 
Marsupialia (kangaroos, opossums).
I. 
Perissodactyla (rhinoceroses, tapirs, zebras, but not horses, donkeys or mules).
J. 
Artiodactyla (hippopotamuses, giraffes, camels, but not cattle, swine, sheep or goats).
K. 
Hyaenidae (Hyena).
L. 
Mustelidae (skunks, weasels, otters, badgers).
M. 
Procyonidae (raccoons, coatis).
N. 
Edentata (anteaters, sloths, armadillos).
O. 
Viverridae (mongooses, civets, genets).
P. 
Pinnipedia (seals, sea lions, walruses).
Q. 
Struthioniformes (ostriches).
R. 
Casuariiformes (emus).
WILD OR NONDOMESTICATED BIRD
The term "wild or nondomesticated bird" means any bird, including a pigeon, that lives in the wild or in an undomesticated state.
This chapter applies at all properties, entities, and persons within the City of Monessen and its jurisdiction.
A. 
It is unlawful for any person to display, offer for sale, deliver, barter, auction, give away, transfer, or sell any live dog, cat, or rabbit in any pet shop or other commercial establishment located in the City of Monessen, unless the animal was obtained from an animal care facility or a rescue organization. All pet shops or other commercial establishments selling dogs, cats, or rabbits shall maintain a certificate of source for each of the animals and make it available upon request to animal control officers, law enforcement, code enforcement officials, or any other City of Monessen employee charged with enforcing the provisions of this section.
B. 
In the event an animal care facility or rescue organization is determined by the City of Monessen and/or the City of Monessen Code Enforcement Department to be substantially out of compliance with animal welfare standards, laws or regulations, a certificate of source provided by any such organization shall be void until such noncompliance is remediated to the satisfaction of the City of Monessen or any other entity with appropriate jurisdiction.
C. 
This section shall not apply to the display, offer for sale, delivery, bartering, auction, giving away, transfer, or sale of dogs, cats, or rabbits from the premises on which they were bred and reared.
D. 
Nothing in this section shall prevent the owner, operator, or employees of a pet shop, retail business, or other commercial establishment located in the City of Monessen from providing space and appropriate care for animals owned by an animal care facility or rescue organization and maintaining those animals at the pet shop, retail business, or other commercial establishment for the purpose of public action.
A. 
No person shall harm any wild bird.
B. 
No person or entity, other than licensed veterinarians, licensed wildlife rehabilitators, wildlife capture and transportation permittees, and the Pennsylvania Game Commission shall capture or trap any wild or nondomesticated bird.
C. 
Licensed veterinarians, licensed wildlife rehabilitators, wildlife capture and transportation permittees, and Pennsylvania Game Commission shall only capture or trap a wild or nondomesticated bird if the Bureau believes, in its sole discretion, that removal of the wild or nondomesticated bird is necessary and if one or more of the following circumstances apply:
(1) 
The wild or nondomesticated bird is injured; or
(2) 
The wild or nondomesticated bird is located within the interior portion of a building.
(a) 
Exempt persons: To any person attempting to rescue a wild or nondomesticated bird that appears to be injured or endangered for the sole purpose of rescuing the bird and immediately transporting it to an approved entity as defined under this chapter.
D. 
No person or entity shall, for any reason, sell a wild or nondomesticated bird that is native or indigenous to Pennsylvania.
A. 
The purpose of this section is to protect wild and exotic animals from cruel and inhumane treatment and to protect the public from the danger posed by the use of wild and exotic animals for entertainment.
B. 
It shall be unlawful for any person to cause a performance of any wild or exotic animal on any public or private property within the City of Monessen.
C. 
Exemptions. The following are exempt from the provisions in this section:
(1) 
The involvement of animals in activities or enterprises endorsed or accredited by any of the following: the Association of Zoos and Aquariums, the Global Federation of Animal Sanctuaries, and the American Alliance of Museums.
(2) 
Licensed veterinary hospitals or state-licensed veterinarians for the purpose of providing treatment to a wild or exotic animal.
(3) 
The rehabilitation of wild animals by a person holding a wildlife rehabilitator's license(s) and/or permit(s) as required by federal, state and local laws and regulations.
(4) 
In its discretion, the Council of the City of Monessen may on a case-by-case basis grant an exemption following a written application for an exemption, where the proposed activity or enterprise is substantially similar in nature or purpose to an exemption otherwise provided in this section.
It shall be unlawful for any person, company, firm, or organization to keep any wild or exotic animal as a domesticated pet, in any residence, business or property within the City of Monessen.
A. 
Owners of single-family homes on lots of 20,000 square feet in size or less are allowed a maximum of five animals total, per household, as defined herein, no more than four of which can be dogs, plus a pet's offspring under six months of age. One additional dog or cat may be kept on lots in excess of 20,000 square feet for each additional 5,000 square feet on such lot.
B. 
Persons who live in apartments, condominiums, or duplexes are allowed a maximum of two adult dogs or cats, or one of each, plus their offspring under six months of age for everyone 1,000 square feet of such apartment, condominium, or duplex. However, this does not supersede a management or homeowners' association agreement or other conflicting regulations regarding the keeping of animals, if such regulations are stricter.
C. 
This section shall not apply to any premises for which a kennel license has been obtained pursuant to the Dog Law of 1965, 3 P.S. § 460-201.[1] Exceptions include those laid out in Article II, § 130-17B, and Article III, § 130-35 of this chapter.
[1]
Editor's Note: The provisions of 3 P.S. § 460-201 were repealed effective 1-1-1983. See now 3 P.S. 459-101 et seq.
D. 
Unless defined here, the maximum number of adult dogs or adult allowed in any property shall be no more than six.
E. 
Except for species of fish, it shall be unlawful to keep more than six animals six months of age or older on any premises, regardless of the number of owners, unless said premises is a zoo, petting zoo, menagerie, kennel, aviary, cattery, pet shop or veterinary clinic which has received zoning approval to operate as such, as well as the appropriate licenses and/or certifications required for said operation.
A. 
An application shall be available through the Code Enforcement Department, who those who are requesting to exceed the number of permitted animals. The application for a permit for the keeping of more than six animals from the permitted list shall have attached thereto a registered veterinarian's health certificate for each animal to be covered by the permit, shall be verified by an affidavit and shall set forth the following:
(1) 
The type and number of animals to be covered by the permit.
(2) 
The purpose of keeping such animals.
(3) 
The period of time for which the permit is requested.
(4) 
A description of the quarters in which the animals will be kept and the facilities for sanitation and disposal of animal wastes.
(5) 
The circumstances, if any, under which the animals will be removed from their quarters.
(6) 
Biographical information about the applicant and any other person to be placed in charge of the animals.
(7) 
Such additional information as the officer may require.
B. 
In addition to such verified information, the officer shall consider all other relevant conditions, including but not limited to:
(1) 
The odor emanating or likely to emanate from the premises to persons off the premises.
(2) 
The noise emanating or likely to emanate from the premises to persons off the premises.
(3) 
The attitudes of the applicant's neighbors to the proposed permit.
(4) 
The security with which the animals will be restrained.
(5) 
Prior complaints regarding animals at the premises.
A. 
The Code Enforcement Officer shall have the power to review or cause to be reviewed each application for a permit and may either approve or reject such application or require modification of the application. When the officer has approved the application, he/she shall issue the permit. The permit shall be personal and not transferable and shall be issued for a calendar year or part thereof. The officer shall also have the power to revoke the permit for cause.
B. 
The officer shall also have the power to make such rules and regulations, as he/she shall deem necessary, to carry out the purposes of this article. He/she shall be responsible to determine whether any person is violating any provisions of this article or the rules and regulations adopted hereunder. In making such determination the officer shall consider the following standards:
(1) 
All animals and animal quarters shall be kept in a clean and sanitary condition with adequate ventilation.
(2) 
The permittee shall use every reasonable precaution to assure that the animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any means.
(3) 
Animals, which are enemies by nature or are temperamentally unsuited shall not be quartered together or so near each other as to cause the animals fear or to be abused, tormented or annoyed.
(4) 
The permittee shall maintain the premises so as to eliminate offensive odors or excessive noise.
(5) 
The permittee shall not permit any condition causing disturbance of the peace and quiet of his/her neighbors.
(6) 
Animals must be maintained in quarters so constructed as to prevent their escape. The permittee assumes full responsibilities for recapturing any animal that escapes from his/her premises. The permittee shall make adequate provisions and safeguards to protect the public from the animals.
(7) 
Every person shall conform to all present and future laws of the Commonwealth of Pennsylvania and the United States of America, the ordinances of the City of Monessen and the rules and regulations that may accompany this article in any way connected with animals, specifically including anticruelty laws.
(8) 
Any and all animals must be kept healthy and free from sickness and disease at all times. Should the officer question the health of any animals, he/she shall have the authority to require an examination of a doctor of veterinary medicine with such examination to be at the owner's expense.
(9) 
The permittee shall be responsible and liable for the actions of all persons employed by or otherwise associated with him/her as such actions relate to the permittee's obligation to comply with this article.
(10) 
Every owner and occupant of a structure or property shall be responsible for the extermination of insects, rodents, vermin or other pests in all areas of the premises.
C. 
The applicant for any permit to exceed the limitation of permitted animals contained herein shall, at the time of his/her application, pay to the City of Monessen a nonrefundable fee of $20 to cover the costs of processing the permit application and the issuance of the permit. Upon issuance, the permit shall be for the calendar year or part thereof and thereafter renewable for a like fee of $20 each calendar year or part thereof.