CHAPTER 614
Animals
614.01 Rabies control; definitions.
614.02 Reporting person bitten by
animal.
614.03 Reporting animal bitten by rabid animal.
614.04 Reporting animals infected with rabies.
614.05 Rabies vaccination required.
614.06 Preparation of animal for laboratory analysis.
614.07 Costs to owner.
614.08 Enforcement of rabies control.
614.09 Dogs and other household pets running at large.
614.10 Keeping structures for fowl or other animals prohibited; exceptions.
614.11 Household pet defecation on public and private property.
614.12 Horses.
614.13 Vicious dogs.
614.14 Peace disturbances.
614.99 Penalty.
CROSS REFERENCES
Power to prohibit keeping of hogs - see Borough Code §1202(12)
(53 P.S. §46202(12))
Power to regulate or prohibit running at large of dogs, cats, other
pets; killing, seizure, detention and sale - see Borough Code
§1202(13), (14) (53 P. S. §46202(13), (44))
Pigeons - see Borough Code §1202(15) (53 P.S. §46202(15))
Abatement of health nuisances - see Borough Code §§3106 et seq.
(53 P.S. §§48106 et seq.)
614.01 RABIES CONTROL; DEFINITIONS.
The purpose of Sections 614.01 through 614.08 is to prevent rabies. As used in such sections:
(a) "Animal" means a dog or other mammal susceptible to rabies.
(b) "Vaccination" means inoculation with a rabies vaccine licensed by the United States Department of Agriculture.
(c) "Own" means to keep, harbor or have control, charge or custody of an animal
(d) "Owner" means any person who has the right of property in an animal, keeps or harbors an animal, has it in his or her care
or allows it to remain on or about any premises occupied by him or her.
(e) 'Veterinarian" means a graduate of an accredited school of veterinary medicine who is licensed to practice in the State.
(Ord. 584. Passed 12-21-72.)
614.02___________GENERAL OFFENSES CODE
614.02 REPORTING PERSON BITTEN BY ANIMAL.
Any person having knowledge that an animal has bitten or injured any person in the Borough shall immediately report the facts,
including the whereabouts of such animal (if known) to the Board of Health. The owner of such animal shall confine it immediately
for ten days as directed by the Board. The animal shall be examined within forty-eight hours by a veterinarian and a written report of
such examination, on forms supplied by the Board, shall be submitted by the owner to the Board. If at any time during this ten-day
confinement the animal becomes ill, escapes or dies, such fact shall be communicated immediately by the owner or veterinarian to
the Board. The animal shall be moved immediately to a veterinary hospital or other approved location, as directed by the Board. At
the end of the ten-day confinement, the animal shall be re-examined by a veterinarian and a written report of findings shall be
submitted by the owner to the Board within forty-eight hours. If the re-examination reveals no symptoms of rabies, the animal may
then be released from confinement. (Ord. 584. Passed 12-21-72.)
614.03 REPORTING ANIMAL BITTEN BY RABID ANIMAL.
(a) Any person who has knowledge that an animal in the Borough has been bitten by, or otherwise exposed to, another animal
infected, or suspected of being infected, with rabies, shall report the facts immediately, including the whereabouts of such animal (if
known) to the Board of Health.
(b) If the animal which was bitten, or otherwise exposed to rabies, has not been vaccinated in accordance with prescribed
requirements, such animal shall be confined immediately and placed hi a veterinary hospital or other approved location, under the
supervision of a veterinarian, for a minimum of six months, or shall be immediately disposed of, as directed by the Board.
(c) If the animal which was bitten, or otherwise exposed to rabies, has been vaccinated in accordance with prescribed requirements,
the following actions may be taken:
(1) Immediate re vaccination of the bitten animal and confinement for thirty days following revaccination;
(2) Confinement in strict isolation in an approved kennel or other approved place for six months under supervision of a
veterinarian; or;
(3) If the action prescribed in subparagraph (1) or (2) hereof is not taken, then the bitten animal shall be disposed of as directed
by the Board. (Ord. 584. Passed 12-21-72.)
Animals_______________ 614.05
614.04 REPORTING ANIMALS INFECTED WITH RABIES.
Any person who has knowledge that an animal in the Borough is infected with, or suspected of being infected with, rabies, shall
report the facts immediately, including the whereabouts of such animal (if known) to the Board of Health. Any animal suspected of
being infected with rabies shall be removed by the owner and confined immediately in a veterinary hospital or other approved
location and such animal shall not be released therefrom without permission of the Board. An animal infected with rabies shall be
disposed of as directed by the Board. (Ord. 584. Passed 12-21-72.)
614.05 RABIES VACCINATION REQUIRED.
(a) Each owner of an animal in the Borough shall arrange for a vaccination of such animal by a veterinarian. Young animals shall be
vaccinated within thirty days after reaching the age of five months. Every animal shall be vaccinated following enactment of this
chapter (Ordinance 584, passed December 21, 1972) as promptly as possible and shall be revaccinated at the interval of tune and
with the specific vaccine for a particular type of animal, using the specific vaccine licensed by the United States Department of
Agriculture. Unvaccinated animals acquired or moved into the Borough shall be vaccinated within thirty days after purchase or
arrival or, if under five months of age, shall be vaccinated within thirty days after reaching five months of age.
(b) The owner of each unvaccinated animal temporarily brought into the Borough for any purpose shall arrange for a vaccination
against rabies within thirty
days of first entry at any point hi the County.
(c) Each veterinarian, at the time of vaccinating any animal, shall complete a Certificate of Rabies Vaccination, in triplicate
(supplied by the Board of Health), which shall include the following:
(1) The owner's name and address;
(2) The description of the animal (breed, sex, markings, age, name);
(3) The date of vaccination;
(4) The rabies vaccination tag number;
(5) The type of vaccine administered;
(6) The manufacturer's serial number of the vaccine; and
(7) The due date for re vaccination.
(d) The original Certificate of Rabies Vaccination shall be delivered to the Board, the first copy shall be delivered to the owner and
the second copy shall be retained by the issuing veterinarian. The veterinarian shall furnish to the owner, together with a copy of
the Certificate, a metal or durable plastic tag stating the date of vaccination, the tag number and the veterinarian's name. A
vaccination tag shall be affixed to the collar or harness and be worn by the animal. (Ord. 584. Passed 12-21-72.)
614.06___________GENERAL OFFENSES CODE______________8
614.06 PREPARATION OF ANIMAL FOR LABORATORY ANALYSIS.
For the purpose of control in case an animal is suspected of being infected with rabies, or if one dies for any reason during
quarantine and requires laboratory analysis, the owner or person designated to act for the owner shall engage a veterinarian to
prepare the suspected animal for shipment to an approved laboratory for the purpose of determining rabies infection. (Ord. 584.
Passed 12-21-72.)
614.07 COSTS TO OWNER
The cost of examination, vaccination, impounding and preparation of an animal for laboratory analysis shall be borne by the owner
of such animal. (Ord. 584. Passed 12-21-72.)
614.08 ENFORCEMENT OF RABIES CONTROL.
(a) To enforce the provisions of Sections 614.01 through 614.07, authority for the control of rabies is hereby delegated to the
Board of Health.
(b) Effective January 1, 1973, all regulations pertaining to rabies control shall be enforced by the Board. (Ord. 584. Passed
12-21-72.)
614.09 DOGS AND OTHER HOUSEHOLD PETS RUNNING AT LARGE.
(a) No owner or custodian of any household pet shall permit such household pet
to cause annoyance to any person or damage to any person or property in the Borough
or to run upon the property of another. No person shall fail to properly curb such
household pet. ' ^
(b) No dog shall be permitted to run at large in the Borough outside the premises of its owner or custodian except when on a leash,
the limits of which shall not be greater than six feet.
(c) The owner or custodian of every household pet shall at all times between the hours of sunset and sunrise of each day keep
such household pet either confined within an enclosure from which it cannot escape, or firmly secured by means of a collar and
chain or other device so that it cannot stray beyond the premises on which it is secured, or under the reasonable control of its
owner or custodian.
(d) As used in this section, "owner," when applied to the proprietorship of a household pet, includes every person having any rights
to proprietorship in such household pet and every person who keeps or harbors such household pet or has it in his or her care, and
every person who permits such household pet to remain on or about any premises occupied by him or her.
Animals______________________614 .10
(e) As used in this section, "household pet" means a dog, cat or other domestic animal normally and ordinarily kept in, or permitted
to be at large in, the dwelling of its owner.
(f) Council shall have the authority to appoint special officers to enforce the provisions of this section at such rate of pay as is set
by resolution. Such special officers shall be under the jurisdiction of the Chief of Police of the Borough. (Ord. 1175. Passed
10-6-88.)
614.10 KEEPING STRUCTURES FOR FOWL OR OTHER ANIMALS PROHIBITED; EXCEPTIONS.
(a) No person shall maintain any building or structure of any kind for the keeping or housing of fowl or other animaTIs within the
Borough.
(b) Subsection (a) hereof shall not apply to any person who is now maintaining any building or structure for the keeping or housing
of fowl or other animals. However, such fowl or other animals shall be maintained hi houses, buildings and/or enclosures that comply
ha every respect with the provisions of subsection (c) hereof. No future use shall be an enlargement of, larger than or to a greater
extent than the present use, nor shall such use be permitted after the use is once terminated or discontinued.
(c) All houses or other buildings or enclosures used for the housing, brooding, breeding or raising of fowl or other animals shall at
all times be kept clean and in a sanitary condition, free of all vermin, rodents and lice*,No garbage, offal, putrid meat or other
offensive or unwholesome matter shall be permitted to remain in or about such premises. Such buildings or enclosures shall be kept
free of noxious odors and fumes at all times and shall be cleaned regularly. Manure taken therefrom shall be carefully buried,
screened or otherwise suitably covered with clean earth in such a way as to prevent odor or the attraction of insects.
Such buildings or enclosures must at all tunes be maintained in such a way as to avoid excessive and discordant noises. Flood
lights or other excessive or permanent lights are not to be used and such houses or enclosures are to be lighted and operated in
such a way as not to be an annoyance to persons living in the vicinity.
All buildings or other enclosures used for the purpose set forth in this section shall be subject to inspection by the Borough Health
Officer.
(d) All fowl or other animals shall be kept housed and penned up. Under no circumstances shall the number of fowl or other animals
exceed fifteen in number. The houses or enclosures in which such fowl or other animals are kept shall be located at least fifty feet
from the dwelling house of any adjoining owner.
614.11____________GENERAL OFFENSES CODE______________10
614.11 HOUSEHOLD PET DEFECATION ON PUBLIC AND PRIVATE PROPERTY.
(a) No person having possession, custody or control of a household pet shall allow such household pet to defecate upon a gutter,
street, driveway, alley, curb or sidewalk in the Borough; upon any floor or stairway of any building or place frequented by the public
or used in common by the tenants thereof; upon any outside wall, walkway, driveway, alley, curb or stairway of any building abutting
on a public street or park; upon the grounds of a public park or public area; or upon private property other than the property of the
owner of the household pet.
(b) A person having possession, custoHy or control of a household pet which defecates in any area other than the private property
of the owner of such household pet, as prohibited in subsection (a) hereof, shall immediately remove the feces from such surfaces
and either:
(1) Place the same in a nonleaking container and carry the same away for deposit in a toilet; or
(2) Place the same in a nonleaking container for deposit in a trash or litter
receptacle on the property of the owner of such household pet. To assist a person having possession, custody or control of a
household pet in the removal of feces, such person shall carry with him or her, at all times when walking a household pet, a plastic
or metal shovel or scoop and a nonleaking container for the holding of feces until deposited in a toilet or a trash or litter receptacle
as required herein. No person having possession, custody or control of a household pet shall deposit feces upon private property
other than the property of the owner of the household pet or deposit the feces upon any public property, including, but not limited
to, public buildings and grounds, public parks, waterways, storm sewers, public litter baskets, streets, alleys, gutters, curbs and
sidewalks.
(c) The provisions of subsections (a), (b) and (d) hereof do not apply to a guide dog accompanying a blind person, to a dog used to
assist any other physically handicapped person or to an animal used in police or fire activities of the Borough.
(d) No owner of a household pet shall allow defecation from a household pet to accumulate on his or her property to the point that it
becomes a health hazard and/or a public nuisance.
(e) As used in this section, the term "household pet" means any dog, cat or other domestic animal normally and ordinarily kept in,
or permitted to be at large in, the dwelling of its owner. (Ord. 1175. Passed 10-6-88.)
_______________________Animals_________________614.13
614.12 HORSES.
(a) Horses shall not be permitted on sidewalks, parks, playgrounds, ballfields or other public areas normally used by pedestrians.
(b) Horses shall be permitted on streets and roadways subject to the following conditions:
(1) Horses shall not be permitted on any street or roadway that has a speed limit above twenty-five miles per hour.
(2) Horses must travel within three feet of the curb of the street.
(3) Horses shall not be permitted to travel along the side of parked motor vehicles.
(4) All feces must be immediately removed from the street or roadway, placed in a nonleaMng container and carried away for
deposit in a toilet or in a trash or litter receptacle on the property of the owner of the horse. To assist a person who is walking or
riding a horse in the removal of feces, such person shall carry with him or her, at all times when walking or riding a horse, a plastic
or metal shovel or scoop and a nonleaMng container for the holding of feces until deposited in a toilet or a trash or litter receptacle
as required herein. No person walking or riding a horse shall deposit feces on private property other than the property of the owner
of the horse or deposit feces on any public property, including, but not limited to, public grounds and buildings, public parks,
waterways, storm sewers, public litter baskets, streets, alleys, gutters, curbs or sidewalks.
(5) Horses must be kept under control at all times.
(c) Persons having a duty to comply with this section are owners, renters, lessees, riders and leaders of horses and/or any agent,
employee, servant or workman of the foregoing. (Ord. 1175. Passed 10-6-88.)
614.13 VICIOUS DOGS.
(a) Definitions. Unless the context indicates another or different meaning or intent, as used in this chapter:
(1) "Vicious dog" means:
A. Any dog that when unprovoked inflicts bites on or attacks a human being or other animal) either on public or private property,
or in a vicious or terrorizing manner approaches any person in an apparent attitude of attack upon the streets, sidewalks, public
grounds or public places in the Borough; or
B. Any dog with a known propensity, tendency or disposition to make an unprovoked attack, to cause injury or to otherwise
endanger the safety of human beings or domestic animals; or
C. Any dog which attacks a human being or domestic animal without provocation; or
D. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
(2) "Enclosure" means a fence or structure that is at least six feet in height, forming or causing an enclosure suitable to prevent
the entry of young children and suitable for confining a vicious dog, in conjunction with other measures which may be taken by the
owner or keeper, such as tethering of the dog. Enclosures shall be securely enclosed, locked, designed with secure sides, top and
bottom and designed to prevent the animal from escaping therefrom.
(3) "Dog Officer" means the Code Enforcement Officer, any police officer or any other person authorized to enforce the
ordinances of the Borough.
(4) "Impounded" means taken into the custody of the public pound in the County.
(b) Registration. All vicious dogs shall be licensed by the Borough. The term of the license shall be January 1 to December 31 of
every year. To license a vicious dog, the following requirements must be met:
(1) The owner shall present to the Borough proof that the owner or keeper has procured a liability insurance policy hi the amount
of at least one hundred thousand dollars ($100,000), covering any damage or injury which may be caused by such dog during the
twelve-month period for which licensing is sought, which policy shall contain a provision requiring the Borough to be named as an
additional insured for the sole purpose of notification of the Borough by the insurance company of any cancellation, termination or
expiration\>f such policy.
(2) The owner or keeper shall have the license number assigned to such dog tattooed upon the upper inner lip of the dog by a
licensed veterinarian. For the purpose of this paragraph, "tattoo" means any permanent numbering of a vicious dog by means of
indelible or permanent ink with the number designated by the licensing authority, or any other permanent, acceptable method of
tattooing.
(3) The owner or keeper shall display a sign on his or her premises warning that there is a vicious dog on the premises. Such sign
shall be visible and capable of being read from the public highway.
(4) The owner or keeper shall sign a statement attesting that:
A. The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this subsection during the
twelve-month period for which licensing is sought, unless the owner or keeper ceases to own or keep the vicious dog prior to
expiration of such license.
B. The owner or keeper shall, on or prior to the effective date of the license for which application is being made, have a fenced
enclosure for the vicious dog on the property where such dog will be kept or maintained.
C. The owner or keeper shall notify the Borough within eight hours if a vicious dog is on the loose, is unconfined, has attacked
another animal or a human, has died or has been sold or given away. If the dog has been sold or given away, the owner or keeper
shall also provide the licensing authority with the name, address and telephone number of the new owner of the dog.
The Dog Officer is hereby authorized to make whatever inquiry is deemed necessary to ensure compliance with this subsection and
to seize and impound any vicious dog whose owner or keeper fails to comply with this subsection.
(c) Control. All vicious dogs shall be confined in an enclosure. No owner or keeper of a vicious dog shall maintain such dog upon
any premises which do not have a locked enclosure. No owner or keeper shall allow any vicious dog to be outside of the dwelling of
the owner or keeper or outside of the enclosure provided for such dog, unless it is necessary for the owner or keeper to obtain
veterinary care for the dog or to sell or give away the dog or to comply with commands or directions of the Dog Officer with respect
to the dog or to comply with the provisions of this section. In any of such events, the dog shall be securely muzzled and restrained
with a chain having a minimum tensile strength of 300 pounds and a length of not more than three feet and such dog shall be under
the direct control and supervision of the owner or keeper thereof.
(d) Harboring for Unlawful Purpose. No person shall own or harbor any dog for the purpose of dog fighting or train, torment, badger,
bait or use any dog for the purpose of causing or encouraging such dog to commit unprovoked attacks upon human beings or
domestic animals.
(e) Seizure. If a Dog Officer has probable cause to believe that a vicious dog is being harbored or cared for in violation of
subsection (d) hereof, the Dog Officer may order the seizure and impoundment of the dog pending trial.
(f) Actions for Damages; Destruction of Dogs. If any vicious dog kills or wounds, or assists in killing or wounding, any domestic
animal belonging to or in the possession of any person, or attacks, assaults, bites or otherwise injures, or assists in attacking,
assaulting, biting or otherwise injuring, any person while out of or within the enclosure of the owner or keeper of such dog, or while
otherwise on or off the property of the owner or keeper, whether or not such dog was on a leash and securely muzzled, and whether
or not the dog escaped without fault of the owner or keeper, such owner or keeper shall be liable to the person aggrieved, as
aforesaid, for all damage sustained, to be recovered in a civil action, with costs of suit. It is rebuttably presumed, as a matter of law,
that the owning, keeping or harboring of a vicious dog in violation of this section is a nuisance. It shall not be necessary, in order to
sustain any such action, to prove that the owner or keeper of the dog knew that such dog possessed the propensity to
cause such damage or that the dog had a vicious nature. Upon such an attack or assault, the Dog Officer may confiscate and
destroy such dog if the conduct of such dog or its owner or keeper constituted a violation of any of the provisions of this section,
punishable by the confiscation and destruction of the animal.
(g) Impounding of Dogs Prior to Destruction.
(1) Any dog which has been ordered destroyed by the Dog Officer shall, if controllable, be impounded for a period of five days
before being destroyed, during which time the owner or keeper of such dog may take whatever legal action he or she shall choose
to challenge the order of the Dog Officer. If no order from any court of law is issued to delay the destruction of the dog within the
five-day period, the dog shall be destroyed.
(2) No period of impoundment is required for the destruction of any dog that is not safely controllable and manageable. (Ord.
1143. Passed 6-5-86.)
614.14 PEACE DISTURBANCES.
No owner or custodian of a dog or other animal shall permit such dog or other animal to bark, howl or make any other noise for
continuous periods of time to the annoyance or discomfort of other persons in the Borough. (Ord. 1205. Passed 9-5-91.)
614.99 PENALTY.
(EDITOR'S NOTE: See Section 606.99 for general Code penalty if no specific penalty is provided.)
(a) Whoever violates or fails to comply with Section 614.09 or 614.14 shall be fined not less than fifty dollars ($50.00) nor more
than two hundred dollars ($200.00) for the first offense, not less than two hundred dollars ($200.00) nor more than five hundred
dollars ($500.00) for the second offense, and not less than five hundred dollars ($500.00) nor more than one thousand dollars
($1,000) or imprisoned in the County Prison for not more than thirty days, or both, for the third or any succeeding offense. (Ord.
1205. Passed 9-5-91.)
(b) Whoever violates or fails to comply with Section 614.11 or 614.12 shall be fined not less than fifty dollars ($50.00) nor more
than two hundred dollars ($200.00) for the first offense, not less than two hundred dollars ($200.00) nor more than five hundred
dollars ($500.00) for the second offense, and not less than five hundred dollars ($500.00) nor more than one thousand dollars
($1,000) or imprisoned in the County Prison for not more than thirty days,
or both, for the third or any succeeding offense. In the case of a violation of subsection (a) or (b) of Section 614.11 or paragraph
(b)(4) of Section 614.12, each defecation shall be deemed a separate offense. In the case of a violation of subsection (d) of Section
614.11, a separate offense shall be deemed committed each day during or on which the accumulation is deemed a health hazard
and/or a public nuisance. (Ord. 1175. Passed 10-6-88.)
(c) Whoever violates any of the provisions of Section 614.13 shall be fined not less than one hundred dollars ($100.00) nor
more than one thousand dollars ($1,000) and imprisoned not more than ninety days. Further, any dog engaging in vicious activity
may be destroyed by order of the Dog Officer. (Ord. 1172. Passed 8-4-88.)
YEADON BOROUGH ANIMAL LAW
Delaware County Animal Control
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WE REMOVE DEAD ANIMALS AND CARCASSES