City of Coatesville, PA General Provisions

No person owning, harboring, keeping or in charge of any animal shall cause, suffer or allow such animal to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or on any public property whatsoever, or on any private property without the permission of the owner of said property. The restriction set forth in this section shall not apply to the portion of the street lying between the curblines, which shall be used to curb such animal under the following conditions:

The person who so curbs such animal shall immediately remove all feces deposited by such animal by any sanitary and reasonable manner.

The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any animal curbed in accordance with the provisions of this article.

§ 72-2 Violations and penalties. [1]

Any person who shall be convicted of violating or failing to comply with the provisions of this article, in summary proceedings, shall be punishable by a fine of not more than $600, together with costs to be collected as fines and penalties are, by law, collected or to a period of imprisonment not exceeding 90 days, or both such fine and imprisonment. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of a violation may be punished as provided above for each separate offense.

[1]

Editor's Note: See also §§ 72-9 and 72-21.

§ 72-3 Definitions.

As used in this article, the following terms shall have the meanings indicated unless a different meaning already appears from the context:

DANGEROUS or VICIOUS DOGS

Any dog which, according to records of the appropriate authority, has bitten a human being or inflicted severe injury on a human being without provocation on public or private property.

Any dog which, according to the records of the appropriate authority, has killed a domestic animal without provocation while off the owner's property.

Attacked a human being without provocation.

Any dog owned or harbored primarily in part for the purpose of dogfighting or any dog trained for dogfighting.

Any dog which has been used in the commission of a crime.

Any dog which, according to the records of the appropriate authority, has either or both of the following:

(1)

A history of attacking human beings and/or domestic animals without provocation; or

(2)

A propensity to attack human beings and/or domestic animals without provocation. A propensity attack may be proven by a single incident of the context described in Subsections A, B, C or D above.

OWNER

Any person, partnership or corporation owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.

POTENTIALLY DANGEROUS DOGS

Any dog when unprovoked chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack;

Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of human beings or domestic animals.

Any dog which, on three separate occasions within a twelve-month period, has been observed in the City of Coatesville by authorized personnel and reported as being unrestrained or uncontrolled of its owner's premises.

RUNNING AT LARGE

Running about loose on the street, public highway, alley, park or any other public land or upon property of persons other than the owners of the dog or dogs, unleashed and unaccompanied by the owner or custodian or by any member of his family or by any servant or agent of the owner of such dog or dogs.

SEVERE INJURY

Any physical injury that results in broken bones or disfiguring lacerations or such an injury as would be identified as "serious bodily injury" under the Pennsylvania Crimes Code and case law, i.e., such injury which creates a substantial risk of death or which causes serious, permanent disfiguration or protracted loss or impairment of the function of any bodily member or organ.

§ 72-4 Unlawful to allow dogs to run at large.

It shall be unlawful for the owner of any dog or dogs to allow or permit such dog or dogs to run at large in the City of Coatesville.

§ 72-5 Seizing of dogs.

Any authorized animal control officer, police officer or other authorized agent for the city may seize any dog found at large in the City of Coatesville. Such dogs are to be impounded in a licensed kennel.

§ 72-6 Licensed dogs.

Any authorized animal control officer, police officer or other authorized agent for the city shall notify the owner of a licensed dog by registered or certified mail, with return receipt, that the dog is impounded and will be disposed of in five days if not claimed. Five days after the return receipt has been received, and the dog has not been claimed, the dog may be sold or destroyed in accordance with 3 P.S. § 459-302, as it may be amended from time to time.

§ 72-7 Unlicensed dogs.

Unlicensed dogs that are seized shall be held in such kennel for 48 hours and if not claimed may be destroyed in accordance with 3 P.S. § 459-303, as it may be amended from time to time.

§ 72-8 Threatening dogs.

Dogs that, in the opinion of any police officer, constitute a threat to public health and welfare may be killed by police.

§ 72-9 Additional violations and penalties. [1]

The first two times a dog is seized, the owner shall pay a fine of $15 to the City of Coatesville together with reasonable fees incurred by the city for keeping the animal in a kennel.

Any person allowing a dog to run at large a third time in violation of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and, in default of payment, to imprisonment for a term not to exceed 30 days.

[1]

Editor's Note: See also §§ 72-2 and 72-21.

§ 72-10 Notice of seizure.

In the event that a dangerous, vicious or potentially dangerous dog is found running at large within the City of Coatesville, said dog may be seized on sight, either in the daytime or at nighttime, by any authorized animal control officer, police officer or other authorized agent for the city and impounded. In such event, the owner or custodian of said dog or dogs shall be notified of impoundment by registered mail or by personal service and shall be given a period of 10 days to redeem such dog upon payment of all costs assessed against such animal, including the cost of boarding the dog during the period of impoundment, and on payment of the penalty hereafter set forth for the violation of this article.

§ 72-11 Disposal of unredeemed animals.

In the event that the owner or custodian of any dog seized and held under the terms of this article shall not redeem such dog within 10 days of the date of service of notice or posting of notice, the city, by its proper officials, shall have authority to dispose of said dog by destruction in some humane manner or to sell the same by public or private sale to such person or persons as may desire to purchase the same to the benefit of the City of Coatesville.

§ 72-12 Nuisance by animals.

No person shall keep or harbor any dog in the City of Coatesville so as to create offensive odors, excessive noise or unsanitary conditions which are a menace to the health, comfort or safety of the public or otherwise permit the commission or existence of a nuisance as herein defined.

Any dogs which, by frequent and habitual barking, howling, screeching, yelping or baying or in any way or manner, injures or disturbs the quiet of any person or the community or which disturbs or endangers the comfort, repose or health of persons, is hereby declared to be committing a nuisance, and it shall be unlawful for any owner or person having custody of such animal to harbor it or permit it to commit such a nuisance.

§ 72-13 Complaints of nuisance.

Any person who observes an animal committing a nuisance upon the premises of a person other than its owner or on a public street on a public sidewalk may file with a District Justice a signed complaint, upon oath, specifying the objectionable conduct of the animal and the name and residence of the owner or other person harboring said animal.

Upon receipt of an affidavit of complaint, signed by one or more residents of the city, made under oath before an individual authorized by law to take sworn statements and setting forth the nature and the date of the act, the owner of the animal, the address of the owner and description of the animal doing such act, the designation of such dangerous dog shall automatically be changed to "dangerous."

Any police officer or animal control officer who observes an animal committing those acts referred to in Subsection A above shall institute summary proceedings by citation.

§ 72-14 Determination of dogs as dangerous.

Any of the characteristics in the definition of "dangerous or vicious dogs," as defined in this article, automatically characterizes a dog as dangerous and no hearing is required. However, if any owner disagrees with the facts used to designate the dog as dangerous, he or she may request a hearing under the provisions of Subsections C, D and E of this section.

Any of the characteristics in the definition of "potentially dangerous dogs," as defined in this article, automatically characterizes a dog as potentially dangerous. A record of each dog characterized as potentially dangerous, including the name and address of the owner and the breed and age of the dog, shall be kept with the City Animal Control Officer. Such dogs must be confined or leashed at all times.

(1)

Upon receipt by the City Council of three affidavits of complaint against a potentially dangerous dog signed by one or more residents of the city, made under oath before an individual authorized by law to take sworn statements and setting forth the nature and the date of the act, the owner of the animal, the address of the owner and the description of the animal doing such act, the designation of such potentially dangerous dog shall automatically be changed to "dangerous."

A determination hearing shall be conducted by the City Council whenever there is cause to believe that a dog may be a dangerous animal as defined in this article. Said hearing shall be conducted within five days of serving notice to the owner by certified letter.

(1)

Pending the outcome of such a hearing, the dog must be securely confined in a humane manner either on the premises of the owner or with a licensed veterinarian.

The City Council shall determine whether to declare the animal to be a dangerous animal based upon evidence and testimony presented at the time of the hearing by the owner, witnesses to any incident(s) which may be considered germane to such a determination, Health Department personnel, animal control personnel, police or any other person possessing information pertinent to such determination.

The City Council shall issue written findings within five days after the determination hearing. The owner or possessor of the animal found to be dangerous by the hearing has the right to appeal the decision within 30 days of receiving such decision to the District Magistrate.

Determination of dogs as dangerous. No dog may be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.

§ 72-15 Notice regarding status of dangerous dogs.

The owner or keeper shall notify the city within 24 hours if a dangerous dog is loose or unconfined, has attacked another animal or has attacked a human being or has died, been sold or given away. If the dog has been sold or given away, the owner or keeper shall provide the city with the name, address and telephone number of the new owner, who must comply with the requirements of this article.

§ 72-16 Muzzling of dogs which have bitten.

Any dog which is characterized as a dangerous dog as a result of having bitten someone shall only be permitted in public subject to a muzzle.

§ 72-17 Biting by dangerous dogs.

Any dangerous dog which has subsequently been identified as involved in a second biting incident will have its license suspended and the owner or custodian will have to immediately have the dangerous dog moved from the City or seized by the Animal Control Officer or delivered directly to the custody of the Chester County ASPCA.

§ 72-18 Confinement of dangerous dogs.

While on the owner's property, a dangerous dog must be confined indoors or in a securely enclosed and locked area suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure must have minimum dimensions of five by 10 feet and must have secure sides and a secure top. If it has no bottoms secured to the sides, the sides must be imbedded into the ground no less than two feet. Enclosure must also provide protection from the elements for the dog.

The owner or keeper shall display a sign on his or her premises warning that there is a dangerous dog on the property. The sign shall be visible and capable of being read from a distance of 50 feet.

A dangerous dog may be off the owner's premises if it is restrained by a substantial chain or leash, not exceeding six feet in length and under the control of a responsible person. In circumstances where a dangerous dog has bitten someone, the dog must be muzzled, and the muzzle must be made in such a manner that it will not cause injury to the dog or interfere with its vision or respiration but must be prevented from biting any person or animal.

§ 72-19 Insurance or bond required for a dangerous dog.

The owner or keeper of a dangerous dog shall present to the city proof that the owner or keeper has liability insurance in the amount of at least $50,000 covering a twelve-month period during which licensing is sought. This policy shall contain a provision naming the city as an additional insured for the sole purpose of the city being notified by the insurance company of any cancellation, termination or expiration of the policy.

In lieu of the insurance identified above, the owner or keeper of a dangerous dog may elect to post a bond payable in the amount of $50,000 with the city to insure payment of damages or injuries which may be caused by owner's or keeper's dangerous dog.

§ 72-20 Liability of parents for children's dangerous dogs.

If the owner or the keeper of a dangerous dog within the city is a minor, the parent and/or guardian of minor(s) shall be responsible for compliance with the requirements of this article and shall be liable for injuries and damages sustained by any person or domestic animal caused by the unprovoked attack of the dog.

§ 72-21 Violations and penalties.

Any person who violates any provisions of this article shall be subject to a fine of not less than $50 nor more than $600 and/or imprisonment of up to 30 days.

In addition, any person violating provisions of this article relating to dangerous dogs shall be subject to the following:

(1)

Forfeiture of their bond.

§ 72-22 Enforcement responsibilities.

The Police Department of the City of Coatesville shall, in addition to the Animal Control Enforcement Officer, also have authority to enforce the provisions of this article. However, the specific requirements of licensure are the responsibility of the designated Animal Control Officer identified by the City of Coatesville.

§ 72-23 Procedures and regulations to be in conformity with Dog Law.

The procedures identified in this article are to be consistent with and are intended to incorporate by reference the procedures as set forth in the Dog Law, 3 P.S. §459-101 et seq. To the extent necessary, the City Council will adopt rules and regulations by resolution to address any additional necessary procedures, particularly if the city should, in accordance with the Dog Law, determine that it will take over all aspects of enforcement of the Dog Law pursuant to procedures available for such by Third Class Cities in the Commonwealth of Pennsylvania. Nothing in this section shall be construed to prohibit regulations supplementing the terms and provisions of the aforementioned Dog Law, to the extent permitted by law.

§ 72-24 Renumbering.

The provisions originally numbered §§ 72-13 through 72-32 shall be renumbered as §§ 72-27 through 72-46, respectively.

§ 72-25 Repealer.

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

§ 72-26 Severability.

The provisions of this article are severable and, if any portion is held by a court of competent jurisdiction to be in violation of federal or state constitutional statute or statutory law, that portion is hereby repealed, and the decision of the court will not affect or impair any of the remaining provisions of this article. It is hereby declared to be the City Council's intention that this article would have been adopted had such unconstitutional or ultra vires provision not been included.