Where Science Meets Religion

 

• Sec. 5-1. - Definitions.

  For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them:

  Animal shall include dogs, cats, domestic fowl, poultry, domesticated hares, rabbits, mink and members of the equine, bovine, ovine and porcupine species.

  Domestic animal shall include every animal domesticated by man so as to live and breed in a tame condition.

  Domesticated shall mean to adapt an animal to a life of intimate association with and to the advantage or pleasure of man.

  Owner when applied to the proprietorship of an animal, shall include every person having a right of property in such animal, and every person who keeps or harbors such animal or has it in his care, and every person who permits such animal to remain on or about any premises occupied by him.

  Police officer shall mean any person employed or elected by the state, or by any municipality, county or township, and whose duty is to preserve peace, make arrests, or to enforce state and local health laws.

  Unconfined as applied to the containment of a vicious dog, shall mean that such dog is not securely confined indoors or upon the premises of the owner.

  Vicious dog shall include any or all of the following, excepting police dogs or guard dogs acting under the supervision of a police officer or certified trained dog handler:

  (1)

  Any dog which is bred or trained to attack or to cause injury or to otherwise endanger the safety of human beings or domestic animals;

  (2)

  Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or a domestic animal without provocation; or

  (3)

  Any dog that, without provocation, approaches, in a threatening or terrorizing manner, any person upon the streets, sidewalks or any public grounds or places.

  Notwithstanding the criteria enumerated in subsections (1) through (3) above, no dog may be declared vicious for inflicting injury or damage on a person committing a willful trespass or other tort upon premises occupied by the owner of the dog, or teasing, tormenting, abusing or assaulting the dog, or committing or attempting to commit a crime.

  No dog may be declared vicious for inflicting injury or damage on a domestic animal that was teasing, tormenting, abusing or assaulting the dog. No dog may be declared vicious for taking any action to defend or protect a human being within the immediate vicinity of the dog from an attack or assault.

  (Ord. No. 23-76, § 1.02, 7-8-76; Ord. No. 50-88, § 1, 11-22-88)

  Cross reference— Definitions and rules of construction generally, § 1-2.

• Sec. 5-2. - Duties of police.

  (a)

  It shall be the duty of every police officer or other duly appointed city official to seize and detain any animal which is found running at large, either upon the public streets or highways of this municipality or upon the property of other than the owner of such animal, and unaccompanied by the owner or keeper. In the case of a vicious dog, which is unconfined on the property of the owner or person harboring the animal, or if the dog is improperly restrained as described in Section 5-11, the dog shall be seized and detained according to the provisions of this chapter.

  (b)

  The police chief or his designee shall cause any dog so seized and detained to be properly kept and fed at the Luzerne County shelter of the Society for Prevention of Cruelty to Animals, and shall cause immediate notice, either personal or by registered mail, to be given to the person in whose name the license for the dog was procured, or his agent, to claim such animal within twenty-four (24) hours. The owner of an animal so detained shall pay all costs incident to housing the animal at the S. P. C. A., a penalty of fifty dollars ($50.00), and all other reasonable expenses incurred incident to its detention before said animal will be returned. If after three (3) days from the giving of such notice such animal has not been claimed or all fines and costs paid, such chief of police or his designee may dispose of such animal in an appropriate manner. No animal so caught and detained shall be sold for the purpose of vivisection.

  (c)

  It shall be unlawful for any police officer to fail or refuse to perform his duties under the provisions of this section, and to refuse to assist in the enforcement of this law.

  (Ord. No. 23-76, §§ 6.01, 6.02, 7-8-76; Ord. No. 50-88, § 3, 11-22-88)

  Cross reference— Police generally, Ch. 23.

• Sec. 5-3. - Running at large.

  It shall be unlawful for any person who owns or keeps any animal to permit such animal to run at large in any area within the boundaries of this city. Any animal running at large in violation of this section shall be subject to seizure, detention, and disposal as provided section 5-2.

  (Ord. No. 23-76, § 2.01, 7-8-76)

  Cross reference— Streets, sidewalks and other public places, Ch. 26.

• Sec. 5-4. - Disturbing the peace.

  (a)

  It shall be unlawful to own, harbor or keep in custody any animal which disturbs the peace by barking, howling, or making other loud noises to the annoyance and discomfort of any person in the city. Continuous barking, howling or the making of other loud noises by such animal for more than twenty (20) minutes in such a manner that is audible and annoying to persons in neighboring properties, or shall be deemed to disturb the peace and to cause the annoyance and discomfort of persons in the city.

  (b)

  Any city resident may request the city police department to warn any person who shall own, harbor or keep in custody any animal which disturbs the peace by barking, howling or making other loud noise to the annoyance and discomfort of persons in the city.

  (c)

  Any such request shall be in writing and shall identify and specify the residence of the owner, keeper or custodian of the animal and shall identify and specify the residence of the person making the request. Upon receipt of such request, the city police chief or his designated agent shall mail, by certified mail, a copy of this section to the person identified as the owner, keeper or custodian of the animal.

  (d)

  A violation of this section shall be deemed to have occurred after delivery of the first warning and upon a second or subsequent violation of this section.

  (Ord. No. 23-76, § 2.02, 7-8-76; Ord. No. 20-98, § 1, 5-28-98)

  Cross reference— Noise generally, Ch. 17.

• Sec. 5-5. - Injury to humans.

  It shall be unlawful for the owner of any animal to permit such animal to injure any human being by biting, jumping on, knocking down or attacking such human being.

  (Ord. No. 23-76, § 3.01, 7-8-76)

• Sec. 5-6. - Nuisances.

  No person owning, harboring, keeping or in charge of any animal shall cause, suffer or allow any such animal to soil, defile, defecate on or commit any nuisance on any common thoroughfare, a sidewalk, passageway, bypass, play area, park or any place where people congregate or walk, or on any public property whatsoever, nor on any private property without permission of the owner of such property. The restriction in this section shall not apply to that portion of the street lying between the curbline and sidewalk which shall be used to curb such animals under the following conditions:

  (1)

  The person who so curbs such animal shall immediately remove all feces deposited by such animal by any sanitary method approved by the board of health.

  (2)

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

  (Ord. No. 23-76, § 4.01, 7-8-76)

  Cross reference— Nuisances generally, Ch. 18.

• Sec. 5-7. - Number of animals on premises.

  It shall be unlawful to keep more than four (4) dogs or four (4) cats, six (6) months of age or over on any premises, regardless of the number of owners; and it shall be unlawful to keep more than seven (7) animals total, as defined herein, six (6) months of age or over on any premises, regardless of number of owners; provided, however, that this section shall not apply to any premises for which a kennel license has been obtained pursuant to the Dog Law of 1965, 3 P.S. § 460-201.

  (Ord. No. 23-76, § 5.01, 7-8-76; Ord. No. 17-2011, § 1, 8-11-11)

• Sec. 5-8. - Injury to animals.

  It shall be unlawful for any person, except a police officer or agent, to kill, injure or attempt to kill or injure any animal which bears a license tag for the current year. The exception to the preceding sentence will be when any person sees an animal in the act of attacking human beings whether or not such animal bears the license tag required by the licensing laws of this state. There shall be no liability on such persons in damages or otherwise for such killing.

  (Ord. No. 23-76, § 7.01, 7-8-76)

  State Law reference— Cruelty to animals, 18 C.P.S.A. § 5511.

• Sec. 5-9. - Abandonment.

  It shall be unlawful for any person to abandon or attempt to abandon any animal within the city.

  (Ord. No. 23-76, § 7.01, 7-8-76)

• Sec. 5-10. - Interference with enforcement.

  (a)

  It shall be unlawful for any person to interfere with any officer or agent in the enforcement of this chapter.

  (b)

  It shall be unlawful for any person to forcibly cut the leash or take an animal away from such officer or agent having it in his possession when found running at large unaccompanied by the owner or keeper.

  (c)

  It shall be unlawful for any person to whom a license certificate has been issued to fail or refuse to produce the license certificate for such animal upon demand of any police officer or agent of the department.

  (Ord. No. 23-76, § 6.02, 7-8-76)

• Sec. 5-11. - Regulation of vicious dogs.

  (a)

  No person owning or harboring or having the care of a vicious dog shall permit such dog to go beyond the confined area of such person's premises unless such dog is securely leashed and muzzled. The leash shall not be greater than three (3) feet in length.

  (b)

  If the animal is confined outdoors, the pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded in the ground no less than two (2) feet. The pen shall be no less than six (6) feet high and shall contain no less than fifty (50) square feet of ground space.

  (c)

  Any person owning a vicious dog must register the dog with the city license clerk and pay a fee of ten dollars ($10.00) for such registration. Upon licensing a vicious dog the owner shall display, in a conspicuous manner, a sign on his or her premises warning that there is a vicious dog on the premises. This sign shall be visible and legible from the sidewalk and street.

  (Ord. No. 50-88, § 2, 11-22-88)

• Sec. 5-12. - Location of outdoor animal facilities.

  The outdoor facilities where animals are quartered must be located at least twenty-five (25) feet from neighboring residential structure or one-half the distance from the outdoor facility and the residential structure whichever is greater so as not to be offensive to the neighboring residents.

  (Ord. No. 59-88, 11-22-88)

• Sec. 5-13. - Dogs in public parks.

  (a)

  The leash on any animal within the boundaries of this municipality shall be no longer than six (6) feet in length.

  (b)

  No dog shall be left unattended, even if leashed, at any public park within the confines of the City of Wilkes-Barre.

  (c)

  No dog shall be allowed in or on any public park or property within the confines of the City of Wilkes-Barre that is being used as a location for a city-sanctioned event, unless they are part of a city-sanctioned activity at that event.

  Examples of city-sanctioned events are listed below, but are not limited to:

  1.

  4 th of July;

  2.

  Cherry Blossom Festival;

  3.

  Fine Arts Fiesta;

  4.

  Farmers Market;

  5.

  Italian Festival;

  6.

  New Year's Eve Diamond Drop.

  (d)

  No dog shall come within twenty-five (25) yards of any playground equipment or recreational areas while being occupied.

  (e)

  Any dog that has attacked or bitten an individual shall be prohibited from entering any public park within the confines of the City of Wilkes-Barre.

  (f)

  An owner of a dog that receives two (2) or more citations regarding their dog will be prohibited from bringing any dog to any public park within the confines of the City of Wilkes-Barre for a period of one year from the date of the second citation.

  (g)

  Any person who shall be convicted of violating or failing to comply with the provisions of this section before any district justice shall be subject to a fine of not more than one thousand dollars ($1,000.00), together with costs of prosecution, and in default of payment of such fine and costs, the violator shall be subject to imprisonment for a term not to exceed ninety (90) days. 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 herein for each separate offense.

  (Ord. No. 6-01, §§ I—III, 7-12-01; Ord. No. 13-2002, § I, 5-17-02)

  Cross reference— Parks and recreation, Ch. 20.

• Secs. 5-14—5-20. - Reserved.

• ARTICLE II. - CARRIER PIGEONS

• DIVISION 1. - GENERALLY

  
  

• Sec. 5-21. - Definitions.

  The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them:

  Carrier pigeon shall mean and include homing and racing pigeons which have the name of the owner stamped upon the wing or tail, or are banded upon the leg with the name or initials of the owner or with an identification or registration number stamped on the band.

  Loft shall mean and include any structure in which carrier pigeons are housed.

  Racing pigeon shall mean and include any pigeon registered with any national pigeon racing organization.

  (Ord. No. 33-65, § 2, 12-21-65)

  Cross reference— Definitions and rules of construction generally, § 1-2.

• Sec. 5-22. - Lofts—Location.

  Pigeon lofts shall be located at least twenty-five (25) feet from any residential structure.

  (Ord. No. 33-65, § 3, 12-21-65)

• Sec. 5-23. - Same—Construction.

  All lofts for the housing of carrier pigeons shall be constructed in accordance with the building code of the city.

  (Ord. No. 33-65, § 3, 12-21-65)

  Cross reference— Building regulations, § 7-16 et seq.

• Sec. 5-24. - Same—Maintenance.

  The bureau of health shall prescribe regulations to assure that lofts are maintained in a clean, orderly condition and in a good state of repair.

  (Ord. No. 33-65, § 4, 12-21-65)

• Sec. 5-25. - Identification marks.

  Identification marks stamped on each carrier pigeon or band are to be recorded with the bureau of health.

  (Ord. No. 33-65, § 4, 12-21-65)

• Secs. 5-26—5-35. - Reserved.

• DIVISION 2. - PERMIT

  
  

• Sec. 5-36. - Required.

  Every person shall obtain a permit to possess and fly for necessary exercise and training, under proper restraint and control, not more than twenty-five (25) pairs of carrier pigeons.

  (Ord. No. 33-65, § 5, 12-21-65)

• Sec. 5-37. - Issuance, fee.

  When the bureau of health has certified that an applicant has complied with the bureau's regulations and the terms of this article, the licensing clerk of the city shall issue a carrier pigeon permit for an annual fee of ten dollars ($10.00).

  (Ord. No. 33-65, § 5, 12-21-65)

• Sec. 5-38. - Suspension.

  If at any time after a permit has been issued under this division the bureau of health finds that any person possessing a permit fails to comply with the regulations of the bureau of health and the terms of this article, the permit may be suspended until such violations are corrected, under the following conditions:

  (1)

  Written notice of violation is given by the bureau of health to the person holding the permit;

  (2)

  The person holding the permit is given fifteen (15) days in which to correct the stated violations.

  (Ord. No. 33-65, § 6, 12-21-65)

• Sec. 5-39. - Expiration, renewal.

  The carrier pigeon permit shall expire on December 31 of the calendar year and shall be reissued for a fee of ten dollars ($10.00) upon proper certification of the bureau of health.

  (Ord. No. 33-65, § 5, 12-21-65)

• Secs. 5-40—5-50. - Reserved.

• ARTICLE III. - CHICKS, DUCKLINGS, GOSLINGS AND RABBITS

  
  

• Sec. 5-51. - Sale, raffle, display, etc., prohibited when dyed or artificially colored.

  No chick, duckling, gosling, rabbit or other animal that has been dyed or otherwise colored artificially may be sold or offered for sale; raffled; offered or given as a prize, premium or advertising device; or displayed in any store, shop, carnival or other public place.

  (Ord. No. 12-62, § 1, 5-2-62)

• Sec. 5-52. - Restriction on sale, raffle, etc., when under certain age.

  Chicks, ducklings and goslings younger than four (4) weeks of age may not be sold or offered for sale; raffled; or offered or given as a prize, premium, or advertising device, in quantity of less than twelve (12) birds to an individual person.