[HISTORY: Adopted by the City Council of
the City of Pottsville 11-13-2023 by Ord. No. 917.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 87,
Animals, adopted 5-21-1966 by Ord. No. 72-66 as Art. 705 of the 1966
Code; amended in its entirety 6-11-1985 by Ord. No. 346, as subsequently
amended.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
All nonhuman vertebrate and invertebrate species, whether
wild or domestic, commonly considered to be part of the animal kingdom.
Any property, premises or place where animals are located,
but not a place that is defined as a kennel. Animal housing may have
no more than four animals.
An animal off the premises of the owner, not secured by a
leash or lead or under the control of a responsible person and obedient
to that person's commands.
The City of Pottsville, Pennsylvania.
That person or persons designated by the Mayor to enforce
the provisions of this chapter. Included in this definition are the
Animal Control Officer, all other police officers who shall have the
same power to act as the Animal Control Officer and representatives
of the Health Bureau.
A dog which has been trained or conditioned to attack only
to protect persons or property.
Any person who places together dogs or cats for the purposes
of breeding and sells, trades or otherwise transfers the product of
such breeding, provided that:
Any property, premises, place or commercial establishment
in or at which dogs and/or cats are kept under the following condition:
more than a total of four dogs and/or cats more than six months of
age that are kept for the purpose of sale or rental or in connection
with the boarding, care, grooming, breeding or the training of dogs
for guard or sentry purposes for which any fee is charged. This provision
is not intended to apply to hobby breeders.
Any person, firm, partnership or corporation who owns or
operates a kennel.
When applied to the proprietorship of an animal, includes
every person having a right of property in such animal, and every
person who keeps or harbors such animal or has it in his care, and
every person who permits such animal to remain on or about any premises
occupied by him, which is kept, harbored or cared for within the City
of Pottsville for a period of three or more days, as well as every
person, firm or corporation occupying any premises within the City
which permits any animal to remain on or about its premises for a
period of three or more days.
Any property, premises, place, commercial establishment or
person that buys for resale and sells dogs, cats, birds, fish or other
animals to the general public on a retail basis. This excludes persons
making a sale or trade of any such animal from their residence and/or
property when not regularly engaged in the business of selling or
trading animals.
Any area of the City where the predominant land use is the
residential dwelling use of human beings.
Dogs kept at a place, property or premises for the purpose
of protecting the premises.
A graduate of a recognized school of veterinary medicine
licensed to practice in the Commonwealth of Pennsylvania.
Any animal which has attacked without cause a human being
or domestic animal in such a manner as to inflict physical damage
on the human being or domestic animal, or has caused property damage.
Any animal of a species prohibited by Title 50, Code of Federal
Regulations, or otherwise controlled by the Commonwealth of Pennsylvania.
It shall include any animal which is wild, fierce, dangerous, noxious
or naturally inclined to do harm. "Wild animals," however domesticated,
shall also include but not be limited to:
Dog family (Canidae): all except domesticated dogs, including
wolf, fox, coyote, dingo, etc.:
Cat family (Felidae): all except commonly accepted domestic
cats, including lions, pumas, panthers, mountain lions, leopards,
jaguars, ocelots, margays, tigers, wild cats, etc.
Bears (Ursidae): all bears, including weasels, martens, mink,
wolverine, ferrets, badgers, otters, ermine, mongoose, etc.
Raccoons (Procyonidae): all raccoons and civets.
Primates (Hominidae): all subhuman primates.
Porcupine (Erethizontid): all porcupines.
Skunks.
Snakes: all venomous and constricting snakes.
Venomous lizards; crocodilians: all alligators, caimans, crocodiles,
gavials, etc.
Venomous fish and piranha.
Venomous invertebrates.
No person shall own, keep or harbor within the City any dog
three months or older unless such animal is licensed by the Treasurer
of Schuylkill County, Pennsylvania, and unless such dog wears a collar
and license tag. A license must be on display on the animal at all
times when not on owners' private property. This provision is
not intended to apply to dogs whose owners are nonresidents and temporarily
in the City nor to any Seeing Eye dog or hearing dog properly trained
to assist blind persons or hearing-impaired persons when such dog
is actually used by a blind person or hearing-impaired person for
the purpose of going from place to place.
It shall be unlawful for the owner or custodian of a dog or
cat to keep, harbor or have in his custody or control a dog or cat
three months or older for longer than 14 days, unless such dog or
cat has been vaccinated with a modified live virus (Flury strain)
or an acceptable inactivated rabies vaccine approved by the State
Department of Health within a period of 36 months or vaccinated within
a period of 12 months with a standard rabies vaccine approved by the
State Department of Health.
A.
An animal owner must be able to provide proof of vaccination within
48 hours to any police officer, state dog warden, department official
or designated municipal animal control officer who requests proof.
A.
Permitting animals to trespass. The owner, possessor or manager of
any animal shall not permit the same to trespass upon the premises
of another property owner without prior permission or he shall be
in violation of this chapter and shall have the burden of proving
permission to trespass was granted.
B.
At large animals prohibited.
(1)
No animal shall run at large in the City. Any person who is the owner
or custodian of an animal found at large in the City shall be in violation
of this chapter. It shall be unlawful for any owner of an animal to
place such animal or allow it to be placed in the custody of any other
person not physically capable of maintaining effective control of
such animal. This section shall not apply to any person who uses an
animal while engaged in a supervised formal obedience training class
of show or during formally sanctioned field trials.
(2)
No dogs shall be allowed in City parks except at places designated
by the Superintendent of Parks, and provided that said dogs shall
not be at large.
(3)
It shall be the duty of the City official to seize and detain any
animal, licensed or unlicensed, found running at large, either upon
the public streets or highways of the City or on the property of any
other person and unaccompanied by its owner or keeper. The City official
is hereby authorized and empowered to go on any public premises and
to enter any public building to seize and detain any animal which
has been running at large unaccompanied by an owner or keeper when
such City official is in immediate pursuit of such animal.
C.
Cleanup of animal fecal matter.
(1)
No owner of any animal or any person having the care, custody and
control of any animal shall permit the same to discharge or deposit
any fecal matter upon the property of another without immediately
removing such matter and disposing of it in a sanitary manner. The
term "property of another" shall be interpreted to include the property
of the City of Pottsville or of any other political subdivision.
(2)
No owner or possessor of real property shall permit animal fecal
matter to accumulate on such property for more than 24 hours, and
it shall be the owner's or possessor's responsibility to
daily remove such matter to prevent any such accumulation from becoming
a danger to public health.
(3)
Any dog which serves as a service dog shall be exempt from the provisions
of this section while such dog is accompanying a disabled person.
A.
Any person who keeps within the City an animal which is known by
such person to be vicious shall ensure that adequate protective devices
are provided to prevent the animal from escaping or injuring the public.
B.
An actual attack by such vicious animal upon any person conducting
himself in a lawful manner at the time of such attack, whether such
attack occurs on or off the property of the owner or custodian of
such animal, shall be deemed prima facie evidence that there were
not adequate preventive provisions made and therefore constitutes
a violation of this chapter and requires the surrender of the animal
to the City official.
C.
Any animal known to be vicious and found running at large which cannot
be safely taken up and impounded may be slain by any police officer.
A.
It shall be the duty of the City official charged with the enforcement
of this chapter to impound any dog found at large and not confined
to the dog owner's premises. If the owner or custodian of the
animal can be ascertained and located, a summons may be issued and
the animal may, in lieu of impoundment, be released to its owner or
custodian. However, within 72 hours of the animal's release,
the owner must present the City official with a valid rabies certificate
or surrender the animal to the City official.
B.
Should it be necessary for a City official to seize or pick up a
large animal, such as a horse, cow or mule, or any other animal not
acceptable to an animal shelter or animal hospital, he is hereby empowered
to have such animal removed by a trucking firm at the animal owner's
expense to a farm or stable where such animal can be housed. If no
such place exists within the City, such animals may be taken outside
the City limits.
A.
Person bitten by animals. It shall be the duty of any persons who
has knowledge that an animal has bitten or injured any person in this
municipality to immediately report the facts of the incident and the
whereabouts of such animal to the Bureau of Health, City of Pottsville.
(1)
The owner of every such animal shall immediately place said animal
in confinement in such a manner as to prevent it from escaping, running
at large or having physical contact with other animals or humans other
than the animal owner or controller and maintain such confinement
for a ten-day period of observation.
(2)
At the end of said ten-day observation period, the animal shall be
examined by a veterinarian employed by the owner, and a written report
of the results of such examination shall be submitted by the owner
or veterinarian within 24 hours to the Bureau of Health. If the report
reveals no symptoms of rabies, the animal may then be released.
(3)
If at any time during said ten-day period of observation the animal
develops symptoms indicative of rabies, such fact shall be communicated
at once to the Bureau of Health and the animal shall immediately be
removed to a veterinary hospital acceptable to the Bureau of Health.
(4)
If the animal is diagnosed as rabid, it shall be humanely euthanized.
Confirmatory tests for the presence of rabies shall be conducted on
the animal's remains as necessary. After such testing, the remains
of the animal shall be disposed of in such manner as the Bureau of
Health directs.
(5)
If the animal is a stray that cannot be identified, it shall be the duty of the City official charged with the enforcement of this chapter to impound such animal and place it in confinement for observation, examination or other necessary action normally required of a private animal owner as specified in § 87-1.
(6)
It shall be the duty of the Bureau of Health of the City of Pottsville
to notify the victim of an animal bite of the results of the ten-day
observation period and veterinary examination of the biting animal,
in writing, following the receipt of reports of those results.
B.
Animal bitten by an animal suspected of rabies. It shall be the duty
of any person who has knowledge that an animal in this municipality
has been bitten or otherwise injured by or been exposed to or been
in contact with an animal infected with or suspected of being infected
with rabies to immediately report the facts and the whereabouts of
such animals to the Bureau of Health.
C.
Animals infected with rabies. It shall be the duty of any person
who has knowledge that an animal in this municipality is infected
with or suspected of being infected with rabies to immediately report
the facts and the whereabouts of such animal to the Bureau of Health.
Any animal suspected of being infected with rabies shall immediately
be removed to and confined in a veterinary hospital acceptable to
the Bureau of Health, and such animal shall not be released therefrom
without permission of the Bureau of Health. Any animal infected with
rabies shall be disposed of in such a manner as the Bureau of Health
may direct.
D.
Animals dying of rabies. Any person killing an animal that is rabid
or suspected of being rabid or any person having knowledge that an
animal had died of rabies or is suspected of having died of rabies
shall report the facts and the whereabouts of the animal to the Bureau
of Health, which will determine the disposition of the animal's
remains.
A.
Notice. The City official who has seized an animal under the provisions
of this chapter shall see that the same is properly kept and fed,
and if ownership of such animal can be ascertained, the City official
shall immediately give notice of such seizure by registered mail to
the owner of said animal to claim such animal within one week from
the receipt of the notice. If the owner fails to respond by the end
of the seven days the City may rehome the animal; additionally, any
costs will be levied to the owner.
B.
Reclaiming. The owner of the animal so seized and detained may reclaim
the same by:
(1)
Paying all expense incurred in feeding and boarding the animal at
a prevailing rate established by the Humane Society or other similar
organization at which the animal is detained.
(2)
Paying an impoundment fee of $50 per day plus any extra costs incurred
for the animals' well-being; transportation and costs of any
and all veterinary, shelter, SPCA, or any entities used in assisting
in the care and or placement of said animal claimed or unclaimed by
the owner.
(3)
Paying any fines levied due to the violation of this chapter.
C.
Disposition. Any animal seized and detained by the City official
which has not been claimed by its owner can be given to the Humane
Society or another similar organization or adopted out, and/or destroyed
by such City official in a humane manner.
When, in the judgment of the City official, it is determined
at the scene of an accident that an animal is injured beyond any medical
help, such animal may be humanely destroyed.
The slaughtering, killing or dressing of animals such as but
not limited to cattle, sheep, swine, goats, horses, rabbits or poultry
shall not be allowed in the City except at places authorized by state
or federal government agencies. This provision is not intended to
apply to wild animals or fishes taken in conformance with applicable
game and/or fish laws.
The owner of any animal or fowl which has died, when said owner
knows of such death, shall forthwith have its body cremated or buried
or otherwise disposed of in a manner acceptable to the City official.
Should the owner of any dead animal or dead fowl fail to comply with
the provisions of this chapter and after 48 hours of written notice
delivered to such owner by the City official, said City official shall
be authorized to cause any dead animal or fowl to be cremated or buried
at the expense of said owner.
A.
Location. Kennels and pet shops shall not be permitted in residential areas as defined in Chapter 220, Zoning. Kennels and pet shops shall be permitted in other zones of the City as defined in Chapter 220, Zoning, so long as they meet all those zones' requirements. This section shall not relieve any person from meeting the requirements of Chapter 220, Zoning.
B.
Minimum standards.
(1)
Feeding. All kennel and pet shop animals shall be provided with sufficient,
wholesome food and water which is free from contamination. Such food
and water shall be of sufficient quantity and nutritive value to meet
the normal daily requirements for the condition and size of each animal
and to assure the proper health of each animal.
(2)
Health of animals.
(a)
All kennel and pet shop animals shall have fresh water available
at all times. Water vessels shall be of the removable type and shall
be mounted or secured in a manner that prevents tipping.
(b)
Sick or diseased animals in a kennel or pet shop shall be properly
cared for and isolated at all times from any healthy animal kept in
a kennel or pet shop and shall not knowingly be sold while sick or
diseased and shall be kept segregated so as to prevent the illness
or disease from being transmitted to any other animal or individual.
(c)
No condition shall be maintained or permitted to exist that
is knowingly injurious to the health of any animal.
(d)
Adequate exercise shall be provided to assure the good health
of each animal.
(e)
All kennel and pet shop animals shall be segregated on basis
of size and sex except in the case of immature animals or in the case
of animals deliberately placed together for breeding purposes.
(3)
Buildings and enclosures of kennels and pet shops.
(a)
All kennel and pet shop buildings and enclosures shall provide
adequate protection against weather extremes for each animal. The
floors and walls of all such enclosures and buildings and the runs
shall be of a surface material to permit proper cleaning and disinfecting.
Building temperatures shall be maintained at a temperature comfortable
for each animal. Each such building shall provide adequate ventilation
for each animal and shall be kept clean, dry and in a sanitary condition
with the use of a disinfectant. All animal waste and refuse must be
daily removed and must be placed in tightly covered, impervious receptacles
which must be removed every other day so as to prevent it from becoming
a nuisance.
(b)
Animals shall be maintained in quarters so as to prevent their
escape.
(4)
Cages and runs.
(a)
Each animal shall have sufficient space to stand up, lie down
and turn around without touching the sides or top of his cage.
(b)
Cages are to be of a material and construction that allows for
cleaning and sanitizing.
(c)
Cage floors of concrete shall have a resting board or other
adequate bedding.
(d)
Runs shall be of sufficiently large size to provide an adequate
exercise area and shall provide adequate weather protection.
C.
Compliance with minimum standards; enforcement.
(1)
It shall be unlawful for the owner of any kennel to fail to comply
with any of the minimum standards set forth in this chapter.
(2)
The City official shall have the authority to inspect the premises
of any kennel at a reasonable time and in a reasonable manner to assure
compliance with the provisions of this chapter. When permission is
refused or cannot be obtained, inspections shall be conducted upon
obtaining a lawfully authorized warrant.
Minimum standards shall be as follows:
A.
Feeding. All animals shall be supplied with sufficient, wholesome
food and water, free from contamination, and which food and water
shall be of sufficient quantity and nutritive value to meet the normal
daily requirements for the condition and size of each animal and to
assure the proper health of each animal.
B.
Health of animals.
(1)
Proper shelter and protection from the weather shall be provided
at all times to assure that no animal is overcrowded or exposed to
excessive heat or cold. Proper temperature for the well-being of each
animal shall be maintained at all times.
(2)
Adequate exercise shall be provided to assure the good health of
each animal.
(3)
No condition shall be maintained or permitted to exist that is knowingly
injurious to the health of any animal.
C.
Sanitation and safety.
D.
Compliance with minimum standards.
(1)
It shall be unlawful for the owner of any animal housing to fail
to comply with any of the minimum standards set forth in this chapter.
(2)
The City official shall have the authority to inspect the premises
of any animal housing at a reasonable time in a reasonable manner
to assure compliance with the provisions of this chapter. When permission
is refused or cannot be obtained, inspections shall be conducted upon
obtaining a lawfully authorized warrant.
A.
Wild or exotic animals prohibited. No person shall keep a wild or
exotic animal in any place other than a zoological park, veterinary
hospital or clinic, humane society, circus, sideshow, amusement show
or facility used for educational or scientific purposes which provides
proper cages, fences and other protective devices adequate to prevent
such animal from escaping or injuring the public.
B.
Sale, adoption, exchange or transfer of wild or exotic animals prohibited.
No person shall sell, offer for sale, adoption, exchange or transfer,
with or without charge, any wild animal or exotic animal. This section
is not intended to apply to persons owning or possessing wild or exotic
animals prior to the passage of this chapter, provided that the person
or persons taking possession of such wild or exotic animal following
said sale, adoption, exchange or transfer is/are not a resident of
the City of Pottsville.
C.
Keeping farm animals prohibited. It shall be unlawful for any person
to keep or maintain any cattle, swine, sheep, goats or fowl in the
City except at such places as are provided for slaughtering or laboratory
purposes.
D.
Disposition and impoundment. Any person who keeps a wild or exotic
animal or prohibited farm animal in contravention of this chapter
may dispose of the animal by removal of the animal from the City or
by giving the animal to the City official. The City official is authorized
to release the animal to the wild or to a zoological park or to dispose
of the animal in some humane manner.
The City official with the Mayor's approval may promulgate
such written rules and regulations as maybe reasonably necessary for
the administration of the provisions of this chapter.
Any person interfering with the Animal Control Officer, any
police officer or any Health Officer in the enforcement of this chapter
shall be guilty of a violation of this chapter.
Any person who shall take away or attempt to take away or who
shall cut the leash of any animal from the possession and custody
of the Animal Control Officer, any police officer or any Health Officer
of the City shall be guilty of a violation of this chapter.
A.
It shall be unlawful for any persons to:
(1)
Overdrive, overload, overwork, torture, beat, mutilate, kill needlessly,
carry in a vehicle in an inhumane manner or otherwise mistreat any
animal.
(2)
Fail to provide any pet or animal with proper food, drink, protection
from the weather and veterinary care.
(3)
Abandon any pet or animal.
(4)
Intentionally poison any pet or animal.
(5)
Allow or promote any fight between animals or to allow or permit
any such fight in or upon any premises in his possession of under
his/her control.
B.
In the event that the City official or other authorized agency finds
animals in neglected or suffering conditions, it shall have the right
forthwith to remove or cause to be removed any such animals to a safe
place for care at the owner's expense, provided that the owner
is properly notified. Return to the owner shall not be permitted until
the owner has made full payment for expenses incurred. Said payment
shall not be considered in lieu of criminal charges which may be filed.
No person shall keep or harbor any dog within the City which,
by frequent and habitual barking, howling or yelping, creates unreasonably
loud and disturbing noises of such a character, intensity and duration
as to disturb the peace, quiet and good order of the City. Any person
who shall allow any dog habitually to remain, be lodged or fed within
any dwelling, building, yard, or enclosure which he occupies or owns
shall be considered harboring such dog.
Any person, firm or corporation who or which shall fail, neglect
or refuse to comply with any of the terms or provisions of this chapter
or of any regulation or requirement pursuant hereto and authorized
hereby shall, upon conviction thereof, be ordered to pay a fine of
not more than $600 and, in default of payment of fine and costs, be
imprisoned not more than 90 days. Each day's violation shall
constitute a separate offense.
A.
DANGEROUS OR VICIOUS DOG
(1)
(2)
(3)
Definitions.
Includes any or all of the following, except police dogs
or guard dogs acting under the supervision of a police officer or
certified trained dog handler, or guide dogs:
Any dog which bites, inflicts injury, assaults or otherwise
attacks a human being or a domestic animal without provocation; or
Any dog which, without provocation, approaches in a threatening
or terrorizing manner, any person or domestic animal upon the streets,
sidewalks or any public grounds or places; or
Any dog which is trained to attack or cause injury or to otherwise
endanger the safety of human beings or domestic animals, or any dog
which has a history of attacking or propensity to attack people or
domestic animals without provocation.
B.
Responsibilities of owners of dangerous dogs.
(1)
Any person owning a vicious or dangerous dog must register the dog
with the City of Pottsville Health Department and pay a fee of $500
for such registration within 72 hours of receiving notice from the
City Health Department, with an annual renewal fee of $250.
(2)
Upon licensing a vicious or dangerous dog, the owner shall display,
in a conspicuous manner, a sign on his or her premises warning that
there is a vicious dog on the premises within 72 hours. The sign shall
be visible and legible from the sidewalk and street.
(3)
If the animal is kept outdoors, the owner shall properly confine
the dog in a pen or structure with secure sides and a secure top.
If the bottom is not secured to the sides, the sides must be embedded
in the ground no less than two feet. The pen shall be no less than
six feet high and contain no less than 50 square feet of ground space.
All pens shall comply with City zoning and building codes. The vicious
dog shall be kept inside until an outdoor pen has been approved by
the animal control official.
(4)
No person owning or harboring a dangerous or vicious dog shall permit
such dog to go beyond the confined area of such person's premises
unless the dog is securely leashed and muzzled. The leash shall not
be longer than four feet. Retractable or flexi-leads are not allowed.
The leash shall be controlled by a person who is 16 years of age or
older and be physically capable of controlling the dog.
(5)
The owner must provide within a reasonable time, but no longer than
four weeks, proof at registration that:
(a)
The property owner's and/or tenant's insurance policy
for the real property in which the dangerous dog is housed contains
a rider or a liability clause for dangerous dogs;
(b)
The dog's rabies vaccination status is current;
(c)
The dog is licensed for the current year; and
(d)
The dog is microchipped with a permanent ID.
(6)
Once a dog is deemed to be dangerous, it shall be neutered or spayed
within a reasonable time, but no longer than four weeks, so as not
to propagate vicious characteristics inherent in the property of the
dangerous dog.
(7)
Any dog known to be vicious and found running at large which cannot
be safely taken up and impounded may be slain by any police officer.
C.
Violations and penalties; enforcement.
(1)
Any person who violates any provision of this section shall be subject
to a fine of $1,000, and in default of payment of fine and costs,
be imprisoned not more than 90 days. Further, each day for which a
violation occurs and each violation of any provision of this section
shall constitute a separate offense. Each day's violation shall
constitute a separate offense.
(2)
The Pottsville Police Department and Health Officer shall enforce
the provisions of this section.
Be it hereby ordained and enacted that the City adopts the Commonwealth
of Pennsylvania, Department of Agriculture, "Dog Law," Act of December
7, 1982, P.L. 784, No. 225.
If a property owner does not remit to the City assessed fees as identified in §§ 87-8 and 87-20, the City Treasurer is hereby empowered to certify the amount due to the City and remit that amount for collection. In addition to the full amount due to the City, the property owner will also be responsible to pay administration fees assessed to the account by the collection entity. If collection efforts are exhausted, that amount will be provided to the City Solicitor. The amount due shall then be a lien upon such premises from the time the lien is filed. The amount due shall also include filing fees, satisfaction fees, and attorney's fees. All of the above shall constitute the lien on said property.
