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.
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.
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.
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.
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).
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).
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).
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.
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.