Ordinance 561 – Pets

This is a retyped copy of the original Ordinance to be used for reference purposes only.

For enforcement or prosecution, please refer to the original document.

AN ORDINANCE OF THE BOROUGH OF MARTINSBURG, BLAIR COUNTY, PENNSYLVANIA, ESTABLISHING PROCEDURES FOR THE MAINTENANCE AND CONTROL OF ANIMALS AND PETS AND REGULATING THE KEEPING OF DANGEROUS ANIMALS

BE IT HEREBY ENACTED AND ORDAINED by the Borough of Martinsburg, Blair County, Pennsylvania, and it is hereby Enacted and Ordained by the authority of the same as follows:

ARTICLE I. SANITARY MAINTENCE

1.01  Every person owning or occupying any property shall be responsible for the sanitary maintenance of the premises on which any animals or pets are housed, maintained or kenneled, exclusive of farm animals in an agricultural zone.

ARTICLE II. NUMBER OF ANIMALS OR PETS LIMITED

2.01 The number of animals or pets housed or maintained within a structure, or upon any premises, shall be limited only to those animals or pets that can be adequately maintained in a clean and sanitary condition as determined by the appropriate Health Officer of the Commonwealth of Pennsylvania.

ARTICLE III. ANIMAL SHELTERS.

3.01 Animal shelters shall be constructed in such manner so as not to create a health hazard or nuisance to the adjoining property owners.

ARTICLE IV. ANIMALS RUNNING AT LARGE PROHIBITED

4.01 It shall be unlawful for any person to permit any animal owned by him/her or under his/her supervision or control, to run at large either upon the public streets, sidewalks, alleys and property of the Borough, or upon the property of persons other than the owner of such animals.

4.02 It should be the duty of any police officer or dog enforcement officer so appointed of the Borough of Martinsburg to pick up any dog or cat, licensed or unlicensed, found in violation of Article IV of the Ordinance and dispose of them in the following fashion:

• A properly licensed dog or cat bearing a proper license tag and being so seized and delivered shall be properly kept and fed and the seizing officer  shall cause immediate notice, either personal or by registered mail, to be given to the person who procured the license to claim said dog or cat within five (5) days. A proper owner claiming said dog or cat within five (5) shall pay all reasonable expenses incurred by virtue of the detention to the detaining party. If after five (5) days from the date of notice said dog or cat has not been claimed, the police officer or animal control officer shall arrange for disposal of the animal by sale, adoption, destruction or any other humane manner.
• An unlicensed dog or cat so seized and delivered shall be held for a period of three (3) days and if said dog or cat is not claimed by its owner, custodian or keeper within said three (3) days, the police officer or animal enforcement officer shall arrange for disposal of the animal by sale, adoption, destruction or any other humane manner.

ARTICLE V. ANIMALS MAKING CONTINUOUS OR INCESSANT NOISE

5.01 It shall be unlawful for any person or persons to allow any dog or animal to make any noise continuously or incessantly for a period of fifteen minutes or make such noise intermittently for thirty minutes or more at any time of the day or night, exclusive of farm animals in an agricultural zone.

ARTICLE VI. OWNER’S RESPONSIBILITIES

6.01 No person having possession, custody or control of any animals shall knowingly or negligently permit any animal to commit any nuisance, i.e. defecation/urination, upon any gutter, street, driveway, alley, curb, public park, playground, recreation area or sidewalk in the Borough of Martinsburg, or upon any private property other than the property of the owner of such animal.

6.02 Owners of leashed or unleashed animals shall be responsible for the removal and disposal of fecal matter deposited by their animals anywhere in the Borough of Martinsburg.

ARTICLE VII. DANGEROUS ANIMALS

7.01 Dangerous animals shall include any of the following:

Any venomous reptile or snake, any constrictor snake, any venomous insect including tarantulas, scorpions and any other animal displaying any traits resulting in danger to people or property.

7.02 Dangerous animals as above defined are considered potentially hazardous to the community. They shall at no time or under any circumstances be permitted to be loose in or upon property in the Borough of Martinsburg. Any dangerous animal loose upon the property in the Borough of Martinsburg shall be subject to restraint, confinement, and impoundment by any Borough Police Officer or other authorized person. It shall be the duty of any Martinsburg Police Officer or other authorized person to take whatever action is necessary under the circumstances to property secure and restrain any loose dangerous animal.

7.03 No person shall own, keep or harbor any dangerous animal in any household, residence or on any property whatsoever within the Borough of Martinsburg without first registering the dangerous animal with the Martinsburg Police Department and providing the following information:

• Name of applicant;
• Name of owner of animal if different from applicant;
• Address where animal will be kept ;
• Number of dangerous animals to be kept or housed on premises and exact type of dangerous animal;
• Exact location on the property where the animal(s) will be kept;
• Method to be used to secure or restrain the dangerous animals on the property;
• Name of the person responsible for the care and confinement of the dangerous animal(s);
• Any other information requested by the Borough.

7.04  All dangerous animals must be confined in a secured building or enclosure. Dangerous animals may not be kept housed or harbored in an exterior yard. All entrances to and exists from a property where a dangerous animal is confined must post a warning sign of a size and type approved by the Borough of Martinsburg. Any dangerous animal which is taken off or removed from its area of confinement into or upon property in the Borough of Martinsburg must be property secured at all times.

7.05   Any person violating the provisions of Article VII of this Ordinance shall be subject to the following:

• Revocation of permission to keep said dangerous animal(s) in the Borough of Martinsburg; and
• Prohibition from obtaining permission to keep another dangerous animal for up to five (5) years.
• A second or subsequent violation of Article VII of this Ordinance may result in the removal and/or disposal of the dangerous animal(s) by an authorized agency.

ARTICLE VIII. VIOLATION OF STATE LAW

8.01   Any violation of this Ordinance that would also violate any state law shall be prosecuted under that state law.

ARTICLE IX. PENALTIES

9.01   Any person, firm or corporation who violates any provision of this Ordinance shall, upon conviction thereof, be guilty of a summary offense and be sentenced to pay a fine of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300.00), together with costs or prosecution, or to imprisonment for a term not to exceed thirty (30) days.

9.02   Any person, firm or cooperation who violates any provision of this Ordinance where the services of the Central Pennsylvania Humane Society or other such agency are required for the removal, detention or disposal of any animal, shall pay as restitution any associated fees.

ARTICLE X. SEVERANCE CLAUSE

10.01 Should any section, paragraph, clause or phrase of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of said Ordinance shall not be affected thereby, and shall remain in full force and effect.

ARTICLE XI. REPEALER CLAUSE

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

ARTICLE XII. EFFECTIVE DATE

12.01   This Ordinance shall take effect immediately upon passage.

ENACTED AND ORDAINED this 5th day of June, 2006.