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conduct of guests

PHILADELPHIA REGULATION OF

    CONDUCT

    TITLE 10. REGULATION OF

    INDIVIDUAL CONDUCT AND ACTIVITY

CHAPTER 10-100. ANIMALS 1

    ? 10-101. Definitions. 2

     In this Chapter the following definitions apply:

     Adult Dog or Cat. Shall mean any dog or cat at least seven (7) months of age.

     Animal. Shall include any description of vertebrate excluding only Homo sapiens.

     Animal Control Agency. Such agency or agencies as the Managing Director shall designate pursuant to Section 8-401 of the Home Rule Charter, or such agency as otherwise provided for under the Home Rule Charter, with responsibility for the administration and enforcement of the provisions of this Chapter.

     Animal Control Officer. Shall mean any person authorized by the Animal Control Agency to enforce this Chapter, whether employed directly by such agency or not.

     Animal Retailer. A person in the business of selling dogs or cats to the ultimate owners of such dogs or cats, including but not limited to a pet shop kennel under the Dog Law, and a dealer, to the extent such dealer engages in the retail sale of dogs or cats.

     Animal Shelter. Shall mean any facility operated, owned or maintained by a duly incorporated humane society, animal welfare society or other non-profit organization or by or under contract with the City whose purpose is to provide for and promote the welfare, protection, and humane treatment of animals or for the purpose of impounding seized, stray, homeless or unwanted dogs, cats, or other animals.

     Boarding Kennel. A boarding kennel as defined under Section 102 of the Dog Law (3 P.S. ? 459-102), except that a boarding kennel under this Chapter shall also include boarding kennels that house domesticated cats.

     Carriage Horse. Shall mean any horse which is used by its owner or other person to pull any vehicle, carriage, sled, sleigh, wagon or other device. A horse rented or leased by its owner to another for any of the foregoing purposes shall be deemed a carriage horse for the purposes of this Chapter.

     Commercial Stable. Shall mean any stable operated for profit which accommodates horses for breeding, boarding, training, riding, sale and rental.

     Dealer. A person who:

     (a) publicly or privately sells or offers for sale any dog or cat belonging to another person for consideration, a fee, commission, or percentage of the sale price;

     (b) transfers dogs and/or cats at wholesale for resale to another; or

     (c) offers or maintains dogs and/or cats at wholesale for resale to another.

     Dog Fighting. A dog engaging in physical violence with another dog or animal.

     Dog Law. The Act of December 7, 1982, P.L. 784, No. 225 (3 P.S. ?? 459-101 et seq.).

     Dog Law Kennel. Any of the following types of kennel as defined under Section 102 of the Dog Law (3 P.S. ? 459-102): a Boarding Kennel, Commercial Kennel, Dealer Kennel, Kennel, Nonprofit Kennel, Pet Shop-Kennel, Private Kennel, Rescue Network Kennel, or Research Kennel.

     Farm Animal. 3 Any chicken, goose, duck, turkey, goat, sheep, pig, cow, or other farm animal, provided such other farm animal presents a public nuisance due to smell and/or noise. Does not include a cat or dog.

     Horse. Shall include any mare, gelding, pony, foal, colt, filly or stallion; this also includes an ass, mule, donkey, hinney or jennet.

     Kennel. Any of the following:

     (a) A facility in or through which 13 or more dogs or cats, combined, are kept, bred, whelped, harbored, boarded, sheltered, maintained, sold, given away, exchanged, or in any way transferred in a calendar year.

     (b) A boarding kennel.

     (c) A Dog Law kennel.

     Person. Shall include corporations (both profit and non-profit), partnerships, or associations as well as individuals.

     Public Stable. Shall include any facility, building, or other premises whatsoever at which horses are kept or from which they are let out for hire, working, training, or riding, or from which horses are provided and used to give instruction on riding, or where horses are boarded. This term shall include existing stables as well as those constructed hereafter.

     Rental Horse. Shall mean any horse offered to the public for a fee for the purpose of riding or drawing a horse-drawn vehicle.

     Sterilized. Shall mean rendered permanently incapable of reproduction, whether male or female.

     Veterinarian. Shall mean a person duly authorized by the State Board of Veterinary Examiners to engage in the practice of veterinary medicine in the Commonwealth of Pennsylvania.

     Vicious Animal. Shall mean any animal except a government-owned animal used for law enforcement which poses an imminent danger to humans or to domesticated animals, or which has been found by the Department of Public Health or an animal control agent to have a history of bites or attacks on humans or domesticated animals.

     Wild Animal. Shall include any animal which is wild, fierce, dangerous, noxious, or naturally inclined to do harm, in any place other than a zoological park, veterinary hospital, or clinic, humane society, circus or facility used for educational or scientific purposes. Wild animals, however domesticated, shall also include but not be limited to:

     Dog family (Canidae). All except domesticated dogs including wolf, fox, coyote, dingo,

    or any hybrid thereof;

     Cat family (Felidae). All except the commonly accepted domesticated cats including lions, pumas, panthers, mountain lions, leopards, jaguars, ocelots, margays, wild cats, etc.;

     Bears (Ursidae). All bears, including grizzly bears, brown bears, black bears, etc.;

     Weasels (Mustelidae). All except domesticated ferrets, including weasels, martens, mink, wolverine, badgers, otters, ermine, mongoose, skunk, etc.;

     Raccoon (Procynidae). All raccoons;

     Primates. All subhuman primates;

     Porcupine (Erethizontidae). All porcupines;

     Raptorial birds. All birds of prey except for those which are regulated by the Pennsylvania Game Commission and U.S. Fish and Wildlife Falconry or Progation Permits where the necessary permits or certificates have been obtained;

     Venomous snakes;

     Venomous lizards;

     Alligators and crocodiles;

     Venomous fish and piranha;

     Venomous invertebrates, including rear-fanged snakes.

    ? 10-102. Administrative Provisions. 4

     (1) Responsibilities of Various Departments.

     (a) The Animal Control Agency shall have primary responsibility for the control of animals pursuant to this Chapter of The Philadelphia Code.

     (i) The Animal Control Agency shall authorize Animal Control Officers to monitor and enforce the provisions of this Chapter. Animal Control Officers are empowered to enforce the provisions of this Chapter, and shall issue orders or citations or impound animals or otherwise act to enforce the provisions of this Chapter, or to act as animal control officers as designated in applicable state law.

     (ii) The Animal Control Agency shall promulgate regulations for the issuance of licenses and set by regulation the requirements and standards for the humane operation of businesses relating to animals pursuant to this Chapter.

     (iii) Upon notice of any violation of this Chapter or any regulation or standard promulgated thereunder, the Animal Control Agency or an animal control officer shall conduct an inspection and when necessary take appropriate action including but not limited to the issuance of fines as described in this Chapter. The Animal Control Agency or an animal control officer may seek the suspension or revocation of licenses where appropriate.

     (iv) The Animal Control Agency shall establish standards for granting waivers to residents for keeping more than twelve (12) adult dogs or cats combined based on the welfare and safety of the animals, residents and local community.

     (b) The Animal Control Agency shall issue licenses and accept registrations in accordance with this Chapter and the regulations promulgated thereunder, and may seek the revocation or suspension of licenses issued under this Chapter when appropriate.

     (2) Animal Control Fund.

     (a) There is hereby established in the Office of the Managing Director an Animal Control Fund, to include the following items which shall accrue to the Fund:

     (i) All licensing fees and fines received or levied under this Chapter relating to Animals.

     (ii) Such additional funds as may be appropriated annually from the General Fund which are required to fund the Animal Control Agency or its contractors to the extent the Animal Control Agency or its contractors provide services required or authorized under this Chapter.

     (b) The Animal Control Fund shall be used to carry out the responsibilities defined by this Chapter relating to animals, including enforcement, licensing, and inspection of facilities regulated by this Chapter, including personal services, purchase of services, and materials, supplies and equipment expended directly by the Animal Control Agency or contracted for by the Animal Control Agency. The Department of Licenses and Inspections shall annually charge the Fund for all direct and indirect costs performed by them pursuant to this Chapter relating to Animals.

     (c) If, at the end of any fiscal year, there are funds remaining unspent in the Animal Control Fund, such funds shall be carried over to the next fiscal year; provided, however, that if appropriations from the General Fund have been made to the Animal Control Fund in any year, an amount not to exceed the amount of such appropriations shall be returned to the General Fund at the end of the fiscal year in which a surplus is accrued in the Animal Control Fund.

     (3) Animal Advisory Committee. To monitor the provisions and goals of this Chapter, there

    shall be created the Animal Advisory Committee ("Advisory Committee") to be part of the Office of the Managing Director.

     (a) The Advisory Committee shall be chaired by the Managing Director or his designee. One Member of City Council shall be appointed ex officio by the President of City Council. The Mayor shall appoint ten (10) additional members of the Advisory Committee who shall be residents of the City of Philadelphia and those appointments shall be composed as follows:

     (i) Two (2) members shall be appointed as representatives of community organizations;

     (ii) Two (2) members shall be appointed as representatives of animal humane societies and animal shelters;

     (iii) One (1) member shall be appointed as a representative of private veterinarians or veterinary hospitals;

     (iv) Two (2) members shall be appointed as representatives of stables, kennels, or other businesses primarily concerned with animals;

     (v) One (1) member shall be appointed as a representative of the Department of Licenses and Inspections;

     (vi) Two (2) members shall be appointed as representatives of animal clubs or organizations.

     (b) The Advisory Committee shall have the following responsibilities:

     (i) To advise the Animal Control Agency on matters related to animals and animal control.

     (ii) To propose regulations for the implementation, enforcement and administration of the provisions of this Chapter.

     (iii) To review, at least every two (2) years, any City contract or contracts relating to animals or animal control, and to make suggestions regarding those contracts to the Animal Control Agency and to the Procurement Department.

     (c) The Animal Control Agency shall assemble and furnish to the Advisory Committee, upon request, such records, documents and information on animals and animal control as the Advisory Committee finds necessary for the proper fulfillment of its responsibilities.

     (d) The Advisory Committee shall meet at least quarterly, at the call of the Managing Director, or at the call of any five (5) members.

     (4) Disclosure and Reporting by Animal Shelters.

     (a) Animal Shelters shall keep annual written or electronic records, by species, of the following information regarding animals impounded at each Animal Shelter:

     (.1) The number of animals impounded at the Animal Shelter.

     (.2) The number of animals that were adopted.

     (.3) The number of animals that were transferred to other persons, organizations, or entities for adoption.

     (.4) The number of animals reclaimed by their owners.

     (.5) The number of animals that died of a cause other than lawful euthanasia.

     (.6) The number of animals that escaped or were stolen while under the care of the Animal Shelter.

     (.7) The number of animals impounded at the Animal Shelter that were euthanized.

     (b) By January 31 of each year, Animal Shelters shall submit to the Animal Control Agency a written report for the prior year of the information required under subsection (4)(a).

     (c) Animal Shelters shall post, in every area where animals are relinquished to the Animal Shelter by owners, a sign that is clearly and conspicuously visible and readable from any vantage point in the area, and that is at least 17 inches by 22 inches, which displays all of the information required under subsection (4)(a). The Animal Control Agency may by regulation further specify format, dimensions, and posting requirements consistent with this subsection (4)(c).

    ? 10-103. Licensing and Rabies Vaccination. 5

     (1) Dogs Licensed. No one shall have any dog, except one that is kept in a state-licensed kennel, unless he has obtained a license for such dog and has paid an annual license fee as follows:

     For each unsterilized dog, $40.00

     For each sterilized dog, $16.00

     (2) Permanent Licenses Grandfathered. Owners shall obtain an annual license for dogs for

    which a permanent license has previously been issued, but no fee shall be required. Such license shall be obtained no more than three (3) months after the next anniversary of the issuance of the permanent license following the effective date of the ordinance adding this subsection.

     (3) Senior Citizen, Guide Dog and Government Discounts. Any person over sixty-five (65)

    years of age who licenses any dog shall receive a discount in the licensing fee of fifty (50%) percent. All licensing fees for guide dogs for the blind, or guide dogs for any other handicapped person or for government-owned dogs used for law enforcement shall be waived. All other licensing provisions shall apply.

     (4) Vaccination Required. All dogs and cats must be vaccinated for rabies. Verification of vaccination will be recognized only upon the presentation of a vaccination certificate signed by a veterinarian or veterinary hospital.

     (5) Tags Required. A license tag and receipt shall be furnished by the Department of

    Licenses and Inspections for each dog licensed pursuant to this Section. A rabies vaccination tag or certificate shall be furnished by the veterinarian or veterinary hospital for each vaccinated dog or cat. Such vaccination tag shall indicate the year or years for which the vaccination is valid and the name of the administering veterinarian or veterinary hospital. A dog's license must be displayed on its collar at all times except during participation in a dog show.

     (6) Authorization to Dispense and Accept License Applications. Application for any dog

    license shall be made to the Animal Control Agency. Every veterinarian, veterinary hospital, animal shelter, animal retailer, boarding kennel, and groomer shall act as a dog licensing agent for the Animal Control Agency, under such regulations as the Agency shall develop. Dog licensing agents may charge a processing fee of no more than two dollars ($2.00) per license application taken.

     (7) Time of Licensing.

     (a) Licensing Upon Purchase or Adoption. A person obtaining a dog that must be

    licensed under this Section from an animal retailer or animal shelter shall submit an application and the applicable fee for such license to a dog licensing agent or the Animal Control Agency as a condition of obtaining the dog. No animal retailer or animal shelter shall release a dog to a person unless such person has submitted a license application and applicable fee.

     (b) Licensing Upon Provision of Services. Whenever a veterinarian, veterinary hospital,

    boarding kennel, or groomer provides services for a dog that must be licensed under this Section, such service provider shall verify that the dog is licensed. A current license tag issued for the dog under Section 10-103(5) or, if available, a record from a City-maintained database of dog

    licenses, shall constitute proof that the dog is licensed. If the owner does not produce proof that the dog is licensed or that the owner has applied to the Animal Control Agency for a license, the service provider shall take a license application and collect the license fee from the owner under Section 10-103(6). If the owner refuses to license the dog, the service provider shall issue a notice to the owner of the City's dog licensing requirements, the owner shall sign the notice, and the service provider shall maintain the signed notice on file for two years. The service provider shall notify the Animal Control Agency within five (5) days of providing services that such dog is not licensed. Such notice shall include the owner's name and address.

     (c) With respect to a dog obtained by a City resident from a private owner or from an animal retailer or animal shelter outside the City, application for a license must be made within thirty (30) days after obtaining the dog, or within thirty (30) days of bringing the dog into Philadelphia. A non-resident shall license any dog kept in the City by such non-resident for more than 60 days.

     (d) The Animal Control Agency may authorize any non-profit entity that is a dog licensing agent under Section 10-103(6) to do, at such times and places as the Animal Control

    Agency may designate, any of the following:

     (i) Waive the fee for a dog license, notwithstanding Section 10-103(1). No

    processing fee may be collected under Section 10-103(6) if the dog license fee is waived

    pursuant hereto.

     (ii) Provide veterinary services to dogs without verifying that such dogs are licensed, notwithstanding Section 10-103(7)(b).

     (8) Maximum Number of Dogs and Cats Allowed. No residential dwelling unit that is not

    registered as a kennel shall keep more than twelve (12) adult dogs or cats combined, of which no more than two (2) dogs and two (2) cats may be unsterilized, unless the Animal Control Agency has been notified and granted a waiver.

    ? 10-103.1. Kennels. 6

     (1) All Kennels. Any person operating a kennel of any kind shall comply with Section 10-

    114 of this Code. The Animal Control Agency may inspect any kennel for compliance with Section 10-114, and may, where a violation is found, order the kennel to cease operations until such time as all violations have been remedied.

     (2) Dog Law Kennels. Any person operating a Dog Law kennel shall comply with all

    provisions of the Dog Law, including maintenance of any license required thereunder. The Animal Control Agency may inspect any Dog Law kennel for compliance with Section 207 of the Dog Law ("Requirements for kennels"), and may, where violations of Section 207 are found, order the kennel to cease operations until such time as all violations have been remedied. All violations of the Dog Law shall be reported to appropriate authorities.

     (3) Cease Operations Orders. A cease operations order under this Section may contain

    such terms as will permit the lawful and humane maintenance of animals sheltered in the kennel while the order is in effect and violations are remedied. A cease operations order under this Section shall not be imposed in a manner that contradicts or is otherwise inconsistent with any action by the Secretary of Agriculture under the Dog Law with respect to the same violation or violations for which the cease operations order was imposed.

     (4) Registration. Any person operating a kennel of any kind shall register such kennel with the Animal Control Agency annually, providing such information, and on such form, as the Animal Control Agency shall specify. The registration fee shall be $30, or such other amount as the Animal Control Agency may by regulation specify.

    ? 10-104. Animals Running at Large and Vicious Animals. 7

     (1) No person shall permit any animal other than a sterilized cat to go at large upon any street, public place or private property other than the property of the owner of the animal. All animals, other than sterilized cats, using any street, public place or private property of anyone other than the owner of the animal shall be on a leash not exceeding six (6) feet in length including the handgrip but excluding the collar and accompanied by a person able to fully control the animal at all times.

     Horses shall be exempt from the provision requiring a leash but shall under this Section require proper rein and bit or halter and lead shank.

     Any animal running at large in violation of this subsection shall be seized by any animal control officer or police officer and delivered to an appropriate area of confinement approved by the Animal Control Agency.

     (2) Notwithstanding subsection (1), any animal, other than a dangerous dog under Article V-A of the Dog Law, that is vicious may be seized by any police officer or any authorized animal control officer and may be humanely destroyed or rehabilitated for adoption at the discretion of the Animal Control Agency after a reasonable effort has been made to notify the

    owner. With respect to dangerous dogs, the provisions of Article V-A of the Dog Law (3 P.S. ?? 459-502-A, et seq.) shall control.

     (3) The Animal Control Agency may, upon finding a cat to be feral, sterilize such cat and release it back to the cat's colony.

    ? 10-104.1. Dog Fighting. 8

     (1) No person shall intentionally, knowingly, recklessly, or negligently allow a dog to engage in dog fighting on public or private property.

     (2) No owner of private property shall be allowed to use their real estate for the purposes of dog fighting.

     (3) If it is determined by a police officer or an animal control officer that a dog has engaged in dog fighting, the dog shall be seized and examined by the appropriate agency for injuries, and to ascertain whether the dog is licensed, and whether it has rabies. The dog shall be returned to the owner only where (a) the owner has never been convicted of dog fighting or cruelty to animals under 18 Pa. C.S. ? 5511 or a substantially similar law, and (b) the owner does not pose a future danger to the health and welfare of the dog. Otherwise, the dog shall remain impounded and may be forfeited, provided that where the fair market value of the dog is greater than $2,000 or such other amount set forth as the maximum allowable forfeiture under Section 17 of the Home Rule Act, Act of April 21, 1949, P.L. 665 (53 P.S. ? 13131), the dog shall not be forfeited, but the owner shall instead be fined in an amount not to exceed $2,000, or the maximum allowable fine under Section 17 of the Home Rule Act, and further provided that no forfeiture pursuant to the Home Rule Act shall be imposed where the dog is forfeited under 18 Pa. C.S. ? 5511. The Animal Control Agency is authorized to promulgate regulations setting forth the procedure to be employed when making determinations under this subsection.

    ? 10-104.2. Vicious Animals in Playgrounds. 9

     (a) No person shall bring any vicious animal into any playground owned or controlled by the City.

    ? 10-105. Animals Committing Nuisances. 10

     (1) Where Prohibited. No person, having possession, custody or control of any animal,

    shall knowingly or negligently permit any dog or other animal to commit any nuisance upon any gutter, street, driveway, alley, curb or sidewalk in the City, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building abutting on a public street or park, or upon the grounds of any public park or public area, or upon any private property, including the property of the owner of such animal.

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