CHAPTER 14 ANIMAL CONTROL

Transcription

1 CHAPTER 14 ANIMAL CONTROL ARTICLE A Section 14-1 GENERAL PROVISIONS Definitions The following words, terms, and phrases when used in this Chapter shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: ANIMAL - All non-human vertebrate and invertebrate species, whether wild or domestic, commonly considered to be part of the animal kingdom. AT LARGE - An animal off the premises of the owner, not secured by a leash or lead, or not under the control of a responsible person and obedient to that person's commands. DANGEROUS DOGa. The dog has done one or more of the following: i. Inflicted severe injury on a human being without provocation on public or private property. ii. Killed or inflicted severe injury on a domestic animal without provocation while off the owner s property. iii. Attacked a human being without provocation. iv. Been used in the commission of a crime. b. The dog has either or both of the following: i. A history of attacking human beings and/or domestic animals without provocation. ii. A propensity to attack human beings and/or domestic animals without provocation. A propensity to attack may be proven by a single incident of the conduct described in paragraph (a) (i), (ii), (iii) or (iv). EXEMPTION - When a dog that bites or attacks a human being is a service dog or a police work dog in the performance of duties, said dog need not be confined if it is under the active supervision of a licensed doctor of veterinary medicine. OWNER - Every person, firm or corporation having a right of property in any animal which is kept harbored, or cared for within Montgomery County for a period of three (3) or more 14-1 Revised and adopted October 4, 2012

2 days, as well as, every person, firm or corporation occupying any premises within the County which permits any animal to remain on or about its premises for a period of three (3) or more days. VETERINARIAN - A graduate of a recognized school of veterinary medicine licensed to practice in the State of Pennsylvania. KENNEL - 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 (4) dogs and/or cats more than six (6) 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. KENNEL OWNER - Any person, firm, partnership, or corporation who owns or operates a kennel. ANIMAL HOUSING - Any property, premises, or place where animals are located, but not a place that is defined as a kennel. WILD or EXOTIC ANIMAL - 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, feral, dangerous, noxious, or naturally inclined to do harm. Wild animals, however domesticated, shall also include but not be limited to: Dog family (Canidea)- All except domesticated dogs - including wolf, fox, coyote, dingo, etc.; Cat family (Felidea)- All except commonly accepted domestic cats - including lions, pumas, panthers, mountain lions, leopards, jaguars, ocelots, margays, tigers, wild cats, etc.; Bears (Ursidea)- All bears, including grizzly bears, brown bears, black bears, etc.; Weasels (Mustelidea)- All including weasels, martens, mink, wolverine, badgers, otters, ermine, mongoose, etc.; Raccoons (Procynniddae)- All raccoons and civets; Primates (Hominidae)- All sub-human primates; Porcupine (Erethizontidae)- All porcupines; 14-2 Revised and adopted October 4, 2012

3 Skunks; Snakes- All venomous and constricting snakes; Venomous lizards; Crocodillians- All alligators, caimans, crocodiles. gavials, etc.; Venomous fish and piranha; Venomous invertebrates; GUARD or SENTRY DOG - A dog which has been trained or conditioned to attack only to protect persons or property. USE OF GUARD OR SENTRY DOGS - Dogs kept at a place, property, or premises for the purpose of protecting the premises. COUNTY - Montgomery County, Pennsylvania. VICIOUS ANIMAL - 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. RESIDENTIAL AREA - Any area of the County where the predominant land use is the residential dwelling use of human beings and shall include but not be limited to the residential zones as defined in the County or any municipal zoning code. PET SHOP - 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. HOBBY BREEDER - 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: a. Such breeding, selling, trading or transfer is conducted by the person at the person's residence and/or property; b. Such breeding does not take place more frequently than once per annum; and c. The person is not regularly engaged in the business of breeding, selling, or trading of dogs or cats Revised and adopted October 4, 2012

4 ARTICLE B Section 14-2 REQUIREMENTS Vaccination of dogs, cats and ferrets against rabies It shall be unlawful for the owner or custodian of a dog, cat or ferret to keep, harbor or have in custody or control a dog, cat or ferret three (3) months of age or older for longer than fourteen (14) days, unless such dog, cat or ferret has a current vaccination against rabies as approved by the National Association of State Public Health Veterinarians. Proof of vaccination shall be furnished at the request of the Municipal Animal Control Officer or the Department. Section 14-3 Dangerous, vicious, and destructive animals a. Any person who owns or keeps within the County an animal which said person knows or has reason to know to be dangerous and/or vicious, as defined in this Article, shall insure that adequate protective devices or measures are provided or taken forthwith to prevent the animal from escaping or injuring the public. b. An actual attack or bite by such dangerous/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 and therefore constitutes a violation of this Chapter. c. Summary Offense of Harboring a Dangerous Dog - Any person who has been attacked by one or more dogs, or anyone on behalf of such person, a person whose domestic animal has been killed or injured without provocation, the State dog warden, local police officer and/or the Department of Health may file a complaint before a district justice, charging the owner or keeper of such a dog with harboring a dangerous dog. The owner or keeper of such dog shall be guilty of the summary offense of harboring a dangerous dog if the district justice finds beyond a reasonable doubt that the following elements of the offense have been proven: (Source: PENNSYVANIA DEPARTMENT OF AGRICULTURE, BUREAU OF DOG LAW: Section 502. DOG BITES; DETENTION AND ISOLATION OF DOGS). d. The dog has done one or more of the following: i. Inflicted severe injury on a human being without provocation on public or private property. iii. iv. ii. Killed or inflicted severe injury on a domestic animal without provocation while off the owner s property. Attacked a human being without provocation. Been used in the commission of a crime Revised and adopted October 4, 2012

5 e. The dog has either or both of the following: ii. i. A history of attacking human beings and/or domestic animals without provocation. A propensity to attack human beings and/or domestic animals without provocation. A propensity to attack may be proven by a single incident of the conduct described in paragraphs (d) (i), (ii), (iii) or (iv). f. The defendant is the owner or keeper of the dog. i. EFFECT OF CONVICTION - A finding by a district justice that a person is guilty, under subsection (a), of harboring a dangerous dog shall constitute a determination that the dog is a dangerous dog for purposes of this act. ii. REPORT OF CONVICTION - The district justice shall make a report of a conviction under subsection (a) to the Bureau of Dog Law Enforcement, identifying the convicted party, identifying and describing the dog or dogs and providing such other information as the bureau might reasonably require. iii. CERTIFICATE REQUIRED - It is unlawful for an owner to have a dangerous dog without a certificate of registration issued under this article. This article shall not apply to dogs used by law enforcement officials for police work, certified guide dogs for the blind, hearing dogs for the deaf nor aid dogs for the handicapped. iv. DISPOSITION OF DOG DURING COURT PROCEEDINGS - An owner or keeper of any dog who has been charged with harboring a dangerous dog shall keep such dog or dogs confined in a proper enclosure or when off the property of the owner or keeper for purposes of veterinary care, muzzled and on a leash until such time a report is made under subsection (b). If an appeal of a decision under subsection (b) is filed, such dog or dogs shall remain so confined until such proceedings are completed. It shall be unlawful for an owner or keeper of a dog who has been charged with harboring a dangerous dog to dispense the dog in any manner except to be humanely killed. A violation of this subsection shall constitute a summary offense accompanied by a fine of not less than $200. v. Once a dog is declared a Dangerous Dog, Pennsylvania Department of Agriculture, Bureau of Dog Law, Dog Warden for Montgomery County will proceed with their Dog Bite Regulations (502, 502-A, 503-A, 504-A, 505-A, and 506-A). Section 14-4 Animal bites and rabid animals a. Persons bit by animals - It shall be the duty of any person who has knowledge that an animal has bitten or injured any person in this County to immediately report the facts of 14-5 Revised and adopted October 4, 2012

6 the incident and the whereabouts of such animal to the Department of Health. i. The owner of every such animal which is a dog, cat or ferret shall immediately place such dog, cat, or ferret 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 dog, cat, or ferret owner or controller, and maintain such confinement for a ten (10) day period of observation. ii. iii. iv. At the end of said ten (10) day observation period, the dog, cat or ferret 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 to the Department of health as soon as possible, but in no case longer than seventy-two (72) hours after the end of said ten (10) day observation period. If the report reveals no symptoms of rabies, the dog, cat or ferret may then be released. If the owner fails or refuses to have the dog, cat or ferret examined for rabies by a veterinarian within seventy-two (72) hours of the end of the ten (10) day observation period, in violation of this Article, the Department of Health shall be authorized to have the dog, cat or ferret seized and taken to a veterinarian solely for the purpose of said rabies examination or the Department of Health will cite the owner in violation of this article. The owner shall be responsible for all expenses incurred for said examination and will be cited for violation of the provisions of this Article. Any cost to the victim for medical treatment resulting from an attacking or biting dog, cat or ferret must be paid fully by the owner of such dog, cat or ferret. The County shall not be liable for medical treatment and/or legal costs to the victim. If at any time during the said ten (10) day period of observation the dog, cat or ferret develops symptoms indicative of rabies, such fact shall be communicated by the owner and veterinarian at once to the Department of Health, and the dog, cat or ferret shall immediately be removed to a veterinary hospital acceptable to the Department of Health, at the expense of the owner. v. If any animal shall die during the quarantine period, the head of the animal shall be prepared by a licensed veterinarian and transported to the Pennsylvania Department of Health, Bureau of Laboratories. The cost of preparation and transportation shall be the responsibility of the owner. vi. vii. If the dog, cat or ferret is clinically diagnosed as rabid, it shall be humanely euthanized. Confirmatory tests for the presence of rabies shall be conducted on the dogs, cats, or ferret s remains as necessary. After such testing, the remains of the dog, cat, or ferret shall be disposed of in such a manner as directed by the Department of Health. If the dog, cat or ferret is a stray that cannot be identified, it shall be the duty 14-6 Revised and adopted October 4, 2012

7 of the Department of Health to impound such dog, cat or ferret and place it in confinement for observation, examination or other necessary action normally required of a private dog, cat or ferret owner as specified in Section 14-4(a) (ii), or the Department shall cause the dog, cat or ferret to be humanely euthanized without prior impoundment or confinement and shall cause tests for the presence of rabies to be conducted on the dog's, cat's or ferret s remains. viii. ix. A wild carnivorous mammal or bat (as well as the offspring of wild animals cross-bred with domestic dogs or cats) which is not at the time effectively vaccinated against rabies infection, which has bitten or injured any person in this County shall be immediately put to death and tests for the presence of rabies shall be conducted on its remains. After such testing, the remains of such animal shall be disposed of in such manner as directed by the Department of Health. If such animal was owned or under the control of any person at the time of such bite or injury, such person shall be responsible for all expenses incurred for said euthanasia, examination and disposition. A person bitten or injured by any wild animal should immediately report the incident to a physician who can evaluate the need for anti-rabies treatment. If any farm animal, zoological or exhibition animal, which at the time is effectively vaccinated against rabies infection, bites or injures any person in this County, then and in such event such animal shall be examined by a licensed veterinarian within seventy-two hours after such incident occurred to determine if it exhibits symptoms of rabies infection. It shall be the duty of the owner of such animal to cause such an examination to be made, at the expense of such owner. If the examining veterinarian determines that such animal exhibits symptoms of rabies infection, it shall immediately be humanely euthanized. Confirmatory tests for the presence of rabies shall be conducted on such animal's remains as necessary. After such testing, the remains of the animal shall be disposed of in such manner as directed by the Department. x. If any farm animal or zoological or exhibition animal, which at the time is not effectively vaccinated against rabies infection, bites or injures any person in this County, then and in such event such animal shall, at the discretion of the Director, be humanely euthanized and, if so euthanized, confirmatory tests for the presence of rabies shall be conducted on such animal's remains. In exercising his discretion, the Director shall take some or all of the following factors into consideration: aa. Whether or not the bite or injury was provoked; bb. Whether or not an examination (paid for by the owner) of the animal by a licensed veterinarian detects obvious wounds or signs or symptoms indicative of rabies; 14-7 Revised and adopted October 4, 2012

8 cc. The animal's prior potentiality of exposure to rabies in its lifestyle (e.g., was it kept in a cage, raised "from a bottle," etc.); dd. The statistical risk of rabies in the animal's species; ee. The level of satisfaction of the victim of the bite or wound with the Director's evaluation of the risk to the victim's health; and ff. Whether or not the victim refuses post exposure prophylaxis. b. Animals bitten or injured by other animals: i. The owner or other person having custody or control of any animal in this County which: aa. Has been bitten, scratched or otherwise injured by or been exposed to the saliva of an animal infected with or suspected of being infected with rabies, or bb. Has been bitten or scratched by, or been exposed to the saliva of, a wild, carnivorous mammal (or a bat), or cc. Has been bitten or scratched by, or been exposed to the saliva of, an animal which is not at the time effectively vaccinated against rabies infection, or dd. Has received a bite or scratch or other wound of unknown origin, SHALL, immediately report the facts and the whereabouts of such animal to the Department. ii. iii. Any animal in this County which is infected with rabies shall immediately and humanely be euthanized. Testing and disposal of such animal's remains shall be as directed by the Department. Euthanasia of such animal shall be at the expense of the owner of the animal. (1) Any animal in this County which is suspected of being infected with rabies, and (2) any animal in this County which is not at the time effectively vaccinated against rabies infection, and which is bitten or scratched by, or exposed to the saliva of, a wild, carnivorous mammal (or a bat) which is not available for testing, and (3) any animal in this County which is not at the time effectively vaccinated against rabies infection, and which has received a bite or a scratch or other wound of unknown origin (animals with expired vaccinations need to be evaluated on a case-by-case basis), SHALL 14-8 Revised and adopted October 4, 2012

9 aa. Immediately be humanely euthanized, and testing and disposal of its remains shall be as directed by the Department, or, if the owner is unwilling to have this done, then 1. If the animal is a dog, cat or ferret that has never been vaccinated against rabies or has only received one rabies vaccination in its history, it shall immediately be placed in strict isolation for the purpose of observation for a period of six (6) months in the owner s home with documented regularly scheduled observations by the Pennsylvania Department of Agriculture or a licensed veterinarian, or if the dog, cat or ferret has expired vaccination and proof of multiple vaccinations in its history, the owner can quarantine in home if acceptable to the Department, and it shall be vaccinated against rabies immediately, or 2. If the animal is a domestic farm animal or a zoological or an exhibition animal, it shall be placed in strict isolation on the owner's premises for a six (6) month time period with interaction limited to its feeder/handler, and it shall be vaccinated against rabies immediately. iv. If an unvaccinated domestic animal is bitten or scratched by an unvaccinated dog, cat or ferret, aa. The dog, cat or ferret which did the biting or scratching shall immediately be confined, observed and examined as required by subsections a(i) and a (ii) of this Section, or bb. The bitten or scratched unvaccinated domestic animal is also, confined for a period of ten (10) days and observed, examined and vaccinated as required by subsection (a) (i) and (a) (ii) of this Section, in the event that the unvaccinated biting domestic animal in the 10 day observation period develops symptoms indicative of rabies, such fact shall be communicated by the owner of the biting dog, cat or ferret and veterinarian at once to the Department. If diagnosed as rabid and confirmed, the animal which was bitten or scratched shall immediately be humanely euthanized or shall be placed in strict isolation for observation for a period of six months in the owner s home with documented regularly scheduled observations by the Pennsylvania Department of Agriculture or a licensed veterinarian, acceptable to the Department and vaccinated, as required by subsection (b) (iii) of this Section. All such confinement, observation, examination, euthanasia, strict isolation and vaccination shall be at the expense of the owner of each animal so confined, observed, examined, euthanized or isolated and vaccinated Revised and adopted October 4, 2012

10 v. If any animal (dogs, cats and ferrets included), which at the time is vaccinated against rabies by a vaccine which is approved by the USDA for that animal species, receives a bite or a scratch or other wound from, or is exposed to the saliva of aa. A wild, stray, carnivorous mammal (or a bat) not available for testing, or bb. From an animal determined to be rabid, or cc. A bite or scratch from an unknown origin, The owner of such bitten, scratched, wounded or exposed animal shall immediately; dd. Have the animal vaccinated against rabies, and ee. 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 the person having control thereof, and ff. The owner shall maintain such confinement for a forty five (45) day period of observation. 1. At the end of said forty five (45) 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 to the Department of Health as soon as possible, but in no case longer than seventytwo (72) hours after the end of said forty five (45) day observation period. 2. If the report reveals no symptoms of rabies the animal may then be released. If the owner fails or refuses to have the animal examined for rabies by a veterinarian within observation period, in violation of this Section, the Department of Health will cite the owner in violation of this article and/or the Department of Health shall be authorized to have the animal seized and taken to a veterinarian solely for the purpose of said rabies examination. 3. The owner shall be responsible for all expenses incurred for said examination and will be cited for violation of the provisions of this Section. gg. If the biting animal is determined to be rabid, the confinement is increased to a ninety (90) day observation period; the above subsection Revised and adopted October 4, 2012

11 (v) remains the same; except a 90 day observation is required. vi. If any animal which at the time is vaccinated against rabies by a vaccine which is approved by the USDA for that animal species, receives a bite or a scratch from an unvaccinated dog, cat or ferret, or from a dog, cat or ferret with an undetermined vaccination status, the owner of such bitten or scratched animal shall immediately cause it to be revaccinated against rabies and the dog, cat or ferret which did the biting or scratching shall be confined for a period of ten (10) days and observed and examined as required by subsection (a) (i) and (a) (ii) of this Section. If the unvaccinated (or vaccination status undetermined) dog, cat or ferret which did the biting or scratching cannot be so located, confined, observed and examined, then the bitten or scratched animal shall be immediately revaccinated as aforesaid, and shall be confined and observed for a forty five (45) day time period and shall be examined by a veterinarian as required by subsection (b)(v) of this Section. vii. If an unvaccinated domestic animal is bitten or scratched by a vaccinated dog, cat or ferret, the vaccinated dog, cat or ferret which did the biting or scratching shall be confined and observed for a ten (10) day period of observation, and shall thereafter be examined by a veterinarian, all as required by subsections (a)(i) and (a)(ii) of this Section. If the vaccinated dog, cat or ferret which did the biting or scratching is diagnosed as having rabies, then and in that event the unvaccinated domestic animal which has been so bitten or scratched shall immediately be humanely euthanized or placed in strict isolation for observation for six (6) months in the owner s home with documented regularly scheduled observations by the Pennsylvania Department of Agriculture or a licensed veterinarian, and vaccinated, all as required under subsection (b)(iii) of this Section. viii. Any person killing an animal that is rabid or suspected of being rabid, or any person having knowledge that an animal has died of rabies, or is suspected of having died of rabies, shall report the facts and the whereabouts of the animal to the Department of Health which will determine the disposition of the animal's remains. Section 14-5 Keeping of certain animals prohibited 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. Any person bringing a wild or exotic animal into Montgomery County pursuant to subsection 14-5(a), must procure the proper permits from the Pennsylvania Revised and adopted October 4, 2012

12 Department of Agriculture or Pennsylvania Department of Game Commission, as well as, from the municipality in which they reside if applicable. c. 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 or exotic animal. This section is not intended to apply to persons owning or possessing wild or exotic animals prior to the effective date of this Article 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 Montgomery County Revised and adopted October 4, 2012