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Chapter 10-100. Animals
§ 10-101. Definitions.
§ 10-102. Administrative Provisions.
§ 10-103. Licensing and Rabies Vaccination.
§ 10-103.1. Kennels.
§ 10-104. Animals Running at Large and Vicious Animals.
§ 10-104.1. Dog Fighting.
§ 10-104.2. Vicious Animals in Playgrounds.
§ 10-105. Animals Committing Nuisances.
§ 10-106. Wild Animals.
§ 10-106.1. Raccoons.
§ 10-107. Maintenance and Operation of Commercial Stables for Horses.
§ 10-108. Rental and Carriage Horses.
§ 10-108.1. Horse Licenses.
§ 10-108.2. Private Keeping of Horses.
§ 10-109. Sterilization of Dogs and Cats; Records.
§ 10-110. Feeding Pigeons.
§ 10-111. Killing Birds.
§ 10-112. Keeping Farm Animals.
§ 10-113. Sale of Horse Meat.
§ 10-114. Animal Care – Requirements for Animal Owners and Kennels.
§ 10-115. Penalties and Sanctions.
§ 10-116. Severability.
§ 10-117. Retail Sale of Dogs and Cats.
§ 10-118. Prohibition on Sales in Public Places.
Chapter 10-200. Ethnic Intimidation and Institutional Vandalism
§ 10-201. Definitions.
§ 10-202. Prohibited Conduct.
§ 10-203. Penalties.
§ 10-204. Private Rights of Action.
Chapter 10-300. Minors
§ 10-301. Legislative Findings.
§ 10-302. Definitions.
§ 10-303. Unlawful Conduct of Minors.
§ 10-304. Unlawful Conduct of Parents.
§ 10-305. Unlawful Conduct of Owners or Operators of Establishments.
§ 10-306. Enforcement and Penalties.
§ 10-307. Parental Responsibility for Minor Children.
§ 10-308. Solicitations of Contributions in the Roadway by Minors.
§ 10-309. Daytime Curfew.
Chapter 10-400. Noise and Excessive Vibration
§ 10-401. Legislative Findings.
§ 10-402. Definitions.
§ 10-403. Prohibited Conduct.
§ 10-404. Enforcement.
§ 10-405. Additional Powers and Duties of the Department of Public Health.
§ 10-406. Penalties.
§ 10-407. Powers and Duties of the Board of Health.
§ 10-408. Inspection.
§ 10-409. Orders.
§ 10-410. Powers Reserved to the Department Under Existing Laws.
§ 10-411. Severability.
Chapter 10-500. Property – Damaging, Defacing and Interfering with
§ 10-501. Prohibited Conduct.
§ 10-502. Penalties.
Chapter 10-600. Public Places – Prohibited Conduct
§ 10-601. Spitting.
§ 10-602. Smoking.
§ 10-603. Loitering.
§ 10-604. Alcoholic Beverages.
§ 10-605. Food or Beverage on Vehicles of Public Transportation.
§ 10-606. Penalties.
§ 10-607. Discrimination Based on Economic Status.
§ 10-608. Solicitation of Prostitution.
§ 10-609. Public Urination or Defecation.
§ 10-610. Skateboarding, Rollerblading and Bicycling on Public Property.
§ 10-611. Sidewalk Behavior.
§ 10-612. Gambling.
§ 10-613. Concealed Identities.
§ 10-614. Electronic Smoking Devices.
§ 10-615. Disorderly Conduct and Related Offenses
Chapter 10-700. Refuse and Littering
§ 10-701. Definitions.
§ 10-702. Litter in Public Places.
§ 10-703. Placement of Litter in Receptacles.
§ 10-704. Litter on Sidewalks.
§ 10-705. Sweeping Litter Into Gutters.
§ 10-706. Litter Thrown from Vehicles.
§ 10-707. Trucks Causing Litter.
§ 10-708. Litter in Parks.
§ 10-709. Litter in Lakes and Fountains.
§ 10-710. Dumping of Debris and Short Dumping.
§ 10-710.1. Reward Program for the Provision of Information Regarding Short Dumping.
§ 10-710.2. Litter Enforcement Corridors.
§ 10-711. Placing Commercial and Non-Commercial Handbills on Vehicles.
§ 10-712. Reserved.
§ 10-713. Litter on Private Premises.
§ 10-714. Owner to Maintain Premises Free of Litter.
§ 10-715. Litter on Vacant Lots.
§ 10-716. Clearing of Litter from Open Private Premises by City.
§ 10-717. Collection of Municipal Waste and Recyclable Materials.
§ 10-717.1. Eligibility for Municipal Collection and Fees for Neighborhood Sanitation and Cleaning Services.
§ 10-718. Enforcement.
§ 10-719. Penalties.
§ 10-720. Snow Removal from Sidewalks.
§ 10-721. Signs.
§ 10-722. Use of Dumpsters.
§ 10-723. Distribution of Commercial and Non-Commercial Handbills on Sidewalks, Streets, and Private Property.
§ 10-723.1. Required Conduct.
§ 10-723.2. Prohibited Conduct.
§ 10-724. Waste Management and Recycling Requirements for Certain Regulated Premises.
§ 10-725. Adopt-a-Block Programs.
§ 10-726. Set Out Times For City Municipal Waste and Recyclable Materials Collection.
Chapter 10-800. Safety
§ 10-801. Abandoned Iceboxes.
§ 10-802. Building Activities in Streets.
§ 10-803. Excavations and Obstructions.
§ 10-804. False Reports or Alarms for Police or Fire Services.
§ 10-805. Hoisting Heavy Objects.
§ 10-806. Reviewing Stands – Construction.
§ 10-807. Reserved.
§ 10-808. Reserved.
§ 10-809. Water Control.
§ 10-810. Weapons and Dangerous Devices.
§ 10-811. Penalties.
§ 10-812. Removal and Abandonment of Shopping Carts.
§ 10-813. Reserved.
§ 10-814. Acquisition or Transfer of Firearms.
§ 10-814a. Acquisition or Transfer of Firearms.
§ 10-815. Hunting.
§ 10-816. Incendiary Devices.
§ 10-817. Police and Fire Radio Broadcasts.
§ 10-818. Firearms in Public Places.
§ 10-819. State of Emergency.
§ 10-820. Cutting Weapons in Public Places.
§ 10-821. Reserved.
§ 10-821a. Contraband Weapons, Accessories and Ammunition.
§ 10-821b. Contraband Weapons, Accessories and Ammunition.
§ 10-822. Carrying of Weapons in or on Public and Private Buildings.
§ 10-823. Driveways.
§ 10-824. Unauthorized Entry on School Premises.
§ 10-825. Stun Guns.
§ 10-826. Sale to or Possession by Minors of Dangerous Martial Arts Weapons and Instruments.
§ 10-827. Display of Building Numbers.
§ 10-828. Strict Liability for Damages Caused by Certain Firearms.
§ 10-829. Prohibition on Sale of Box Cutters and Similar Utility Knives to Persons Under the Age of Eighteen.
§ 10-830. Reporting Requirements Upon the Application or Renewal of a License to Carry a Firearm.
§ 10-830a. Reporting Requirements Upon the Application for or Renewal of a License to Carry a Firearm.
§ 10-831. Straw and Multiple Handgun Purchase Reduction.
§ 10-831a. Straw and Multiple Handgun Purchase Reduction.
§ 10-832. Firearms Tracing.
§ 10-833. Possession of Weapons on School Property.
§ 10-834. Responsibility to Avoid Possession and Discharge of Firearms by Children.
§ 10-835. Prohibited Possession, Sale and Transfer of Firearms by Persons Subject to Protection From Abuse Orders.
§ 10-835a. Prohibited Possession, Sale and Transfer of Firearms by Persons Subject to Protection From Abuse Orders.
§ 10-836. Reserved.
§ 10-836a. Reserved.
§ 10-837. Sale or Transfer of Ammunition.
§ 10-838. Failure to Report Lost or Stolen Firearm.
§ 10-838a. Failure to Report Lost or Stolen Firearm.
§ 10-839. Reporting Requirements for Lost or Stolen Vehicles.
§ 10-840. Criminal and Defiant Trespassers.
§ 10-841. Fraudulent Leasing of Residential Property.
§ 10-842. Possession of Weapons at City Recreation Facilities.
Chapter 10-900. Criminal Registration
§ 10-901. Legislative Findings.
§ 10-902. Definitions.
§ 10-903. Registration.
§ 10-904. Photographing and Fingerprinting.
§ 10-905. Confidential Records.
§ 10-906. Penalties.
Chapter 10-1000. Fees
§ 10-1001. Fees of Commissioner of Records.
§ 10-1002. Sheriff's Fees.
Chapter 10-1100. Obscenity
§ 10-1101. Legislative Finding and Purpose.
§ 10-1102. Definitions.
§ 10-1103. Prohibited Conduct.
§ 10-1104. Enforcement.
§ 10-1105. Penalties.
§ 10-1106. Severability.
Chapter 10-1100A. Development in Defined Flood Plain Areas (Repealed)
Chapter 10-1200. Posting of Signs
§ 10-1201. Definitions.
§ 10-1202. Prohibited Conduct.
§ 10-1203. Posting of Prohibited Signs Enforcement and Penalties.
§ 10-1204. Regulations.
§ 10-1205. Severability.
Chapter 10-1300. Display of Objectionable Publications and Materials
§ 10-1301. Definitions.
§ 10-1302. Prohibited Conduct.
§ 10-1303. Penalties.
Chapter 10-1400. "Tailgating" and Related Activities in the Outdoor Public Parking Lots at the Philadelphia Sports Complex
§ 10-1401. Definitions.
§ 10-1402. Prohibited Activities.
§ 10-1403. Powers and Duties of the Department of Public Property.
§ 10-1404. Enforcement.
§ 10-1405. Penalties.
Chapter 10-1500. Interference with Access to Reproductive Health Care Facilities
§ 10-1501. Legislative Findings.
§ 10-1502. Definitions.
§ 10-1503. Prohibited Conduct.
§ 10-1504. Penalties.
Chapter 10-1600. Conduct in Public Places of Assembly; Administrative Adjudication of Violations
§ 10-1601. Legislative Findings.
§ 10-1602. Definitions.
§ 10-1603. Prohibited Conduct.
§ 10-1604. Powers and Duties of the Director of Finance.
§ 10-1605. Functions, Powers and Duties of the Bureau of Administrative Adjudication.
§ 10-1606. Issuance and Service of Violation Tickets.
§ 10-1607. Answer.
§ 10-1608. Hearings.
§ 10-1609. Administrative Review.
§ 10-1610. Civil Penalties and Costs.
Chapter 10-1700. Use of Surveillance Tapes in Commercial Businesses
§ 10-1701. Legislative Findings.
§ 10-1702. Definitions.
§ 10-1703. Requirements.
§ 10-1704. Penalties.
§ 10-1705. Severability.
Chapter 10-1800. Vicarious Liability for Student Conduct
§ 10-1801. Definitions.
§ 10-1802. Vicarious Liability.
§ 10-1803. Penalties.
Chapter 10-1900. Witness Intimidation
§ 10-1901. Definitions.
§ 10-1902. Intimidation of Witnesses or Victims Prohibited.
§ 10-1903. Penalties.
Chapter 10-2000. Use of Three-Dimensional Printer to Manufacture Firearms
§ 10-2001. Definitions.
§ 10-2002. Restriction on Use.
§ 10-2003. Penalties.
Chapter 10-2100. Marijuana Possession
§ 10-2101. Definitions.
§ 10-2102. Purchase, Possession or Smoking of a Small Amount of Marijuana.
Chapter 10-2200. Hate Crimes
§ 10-2201. Definitions.
§ 10-2202. Prohibited Conduct.
§ 10-2203. Penalties.
Chapter 10-2300. Liability for Human Trafficking
§ 10-2301. Definitions.
§ 10-2302. Prohibited Conduct.
§ 10-2303. Presumption of Deliberate Indifference.
§ 10-2304. Penalties.
Chapter 10-2400. Liability for Human Trafficking
§ 10-2401. Definitions.
§ 10-2402. Petition for a Gun Violence Protection Order.
§ 10-2403. Persons Subject to a Gun Violence Protection Order.
§ 10-2404. Imminent Threat of Harm Determination.
§ 10-2405. Hearings on Petition and Issuance of a Gun Violence Protection Order.
§ 10-2406. Relinquishment of Firearms.
§ 10-2407. Return or Transfer of Firearms.
§ 10-2408. Refusal to Relinquish Firearms.
§ 10-2409. Authority Retained.
§ 10-2410. Penalties.
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 Care Facility. 2.1 An animal control agency or animal shelter that is part of, or under contract with, any state, county, or municipality, the mission and practice of which is, in whole, or significant part, the rescue of animals and their placement in permanent homes or rescue organizations.
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 Rescue Organization. 2.2 Any organization which has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, the mission and practice of which is, in whole or in significant part, the rescue of animals and their placement in permanent homes.
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. 3 Shall mean any stable, building, facility, or other premises where horses are accommodated for consideration, for any purpose, including, but not limited to, breeding, boarding, training, riding, sale or 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. 4 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, dog, or horse.
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.
Offer for Sale. 4.1 Shall mean to sell, offer for sale or adoption, barter, auction, give away or otherwise transfer to another.
Person. Shall include corporations (both profit and non-profit), partnerships, or associations as well as individuals.
Pet Shop. 4.2 Any establishment or business through which at least fifteen (15) animals are offered for sale in a calendar year that acquires dogs or cats for the purpose of resale, whether as owner, agent or consignee and offers to sell such dogs or cats on a retail basis.
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;
Alligators and crocodiles;
Venomous fish and piranha;
Venomous invertebrates, including rear-fanged snakes.
§ 10-102. Administrative Provisions. 5
(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. 6
(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. Permanent licenses shall be granted for guide dogs for the blind, guide dogs for any other handicapped person or for government-owned dogs used for law enforcement. All other licensing provisions shall apply. 7
(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:
(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. 8 Except in connection with the operation of a registered kennel, or unless the Animal Control Agency has granted a waiver pursuant to such regulations as it may establish, no more than twelve (12) adult dogs or cats combined, of which no more than two (2) dogs and two (2) cats may be unsterilized, may be kept—
(a) on a parcel of land on which only one residential dwelling unit is located; or
(b) in any residential dwelling unit on a parcel of land on which multiple residential dwelling units are located.
§ 10-103.1. Kennels. 9
(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. 10
(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. 11
(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. 12
(a) No person shall bring any vicious animal into any playground owned or controlled by the City.
§ 10-105. Animals Committing Nuisances. 13
(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.
(2) Removal. Any person, other than the owner, operator or driver of horse-drawn carriages, having possession, custody or control of any dog or other animal which commits a nuisance in any area other than the private property of the owner of such dog or other animal, as prohibited in § 10-105(1), shall be required to immediately remove the said feces from such surface and either: 14
(a) carry same away for disposal in a toilet; or
(b) place same in a nonleaking container for deposit in a trash or litter receptacle.
(3) Removal From Private Property. Any person, other than the owner, operator or driver of horse-drawn carriages, having possession, custody or control of any dog or other animal which commits a nuisance on the private property of the owner or on the private property of the person having possession, custody or control of such dog or other animal, as prohibited in 10-105(1), shall be required to remove said feces from such surface within twelve (12) hours and either: 15
(a) carry same away for disposal in a toilet; or
(b) place same in a nonleaking container for deposit in a trash or litter receptacle.
(4) Reserved. 16
(5) Horse Drawn Carriages. The owner, operator or driver of horse-drawn carriages operating in the area bounded by Washington avenue, Spring Garden street, Delaware avenue and Broad street shall be required to attach a containment device to the rear of each and every horse so fitted, to be maintained and emptied so that manure is completely contained therein, cannot and does not fall to any gutter, street, driveway, alley, curb or sidewalk in the City, and is not exposed and is carried away for proper disposal.
(6) Exception. The provisions of this Section shall not apply to a guide dog accompanying any blind persons, or to a dog used in any police or fire activities of the City or to horses not attached to horse-drawn carriages.
(7) Enforcement. For the purposes of enforcing the provisions of this Section, notice of violation shall be issued by police officers or any other person authorized to enforce ordinances.
(a) Whenever a police officer or any other official authorized to enforce ordinances observes a violation of the provisions of this Section, he shall hand to the violator a printed notice of violation. Such notice shall bear the date, time and nature of the violation, dog or carriage license number, identity and address of the violator, the amount to be remitted in response to the notice of violation, the penalty which can be imposed by the court for violation, and shall be signed by the person issuing the notice and shall bear the police officer's badge number or other official identification number identifying the person issuing the violation notice.
(b) Any person who receives a notice of violation, may within ten (10) days, pay the amount of twenty-five dollars ($25), admit the violation and waive appearance before a Municipal Court Judge. The notice of violation shall contain an appropriate statement for signature by the violator for the purpose of admitting the violation and waiving a hearing, and shall be returned by the violator when he remits the stipulated payment.
(c) If a person who receives a notice of violation fails to pay the prescribed payment within ten (10) days of the issuance of the notice of violation, a code enforcement complaint shall be issued for such violation in such manner as provided by law. If the person named in the code enforcement complaint is found to have violated this Section or fails to appear on the date set for hearing, he shall be subject to the imposition of fines in the amounts set forth in subsection 10-105(8) plus court costs. 17
(a) The penalty for the first violation of any provision of this Section shall be a minimum fine of $100; the penalty for a second violation of any provision of this Section shall be a minimum fine of $200; the penalty for a third violation of any provision of this Section shall be a minimum fine of $300. The third violation of any provision of this Section will result in the commencement of proceedings as provided by law for the removal of said animal and delivery of same to an appropriate area of confinement approved by the Animal Control Agency. 18
(b) Any fine or costs imposed by the court shall be entered as a judgment against the violator.
(c) Any fine imposed by the court shall be paid within ten (10) days of its imposition. If the fine together with any court cost is not paid within such period, the violator shall be subject to proceedings for contempt of court and/or collection of the fine as provided by law.
§ 10-106. Wild Animals. 19
(1) Wild Animals Prohibited. No person shall keep a wild animal in any place other than a zoological park, veterinary hospital or clinic, humane society, circus 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. No license shall be required of persons exempted in this Section.
(2) Sales or Exchanges Disallowed. Subject to the exemptions of this Section, no person, whether or not licensed under this article, shall sell, offer for sale or adoption or 20 exchange with or without charge any wild animal.
(3) Licensing Wild Animals Owned at Passage of Ordinance. Any person owning a wild animal at the time of enactment of this Title may license such animal provided that such licensing is perfected within six (6) months of the effective date of this ordinance. All such animals registered within this six (6) month period shall be licensed and the fee for the licensing of such wild animal shall be fifty dollars ($50.00) each per annum. Upon the death, sale, or disposal of said animal, the animal may not be replaced.
(4) Licensing Animals Kept for Exhibit.
(a) Subject to exemptions of this Section, no person shall keep, conduct or operate within the City of Philadelphia, any traveling animal show, petting or children's zoo, circus, animal act or miscellaneous animal or reptile exhibit without first obtaining a special animal permit from the Department of Licenses and Inspections.
(b) Each application for a special animal exhibit permit shall be in writing upon a form to be furnished by the Department of Licenses and Inspections and shall contain such information as it shall require. The fee for such special animal exhibit permit shall be one hundred dollars ($100.00).
(c) All special animal exhibit permits issued by the Department of Licenses and Inspections shall be for a specific period of time, not to exceed one (1) year, or until revoked or suspended, or until the holder of such permit sells, assigns, transfers or otherwise disposes of his interests therein.
(d) Upon certification by the Animal Control Agency or its authorized animal control officers, the Department of Licenses and Inspections shall issue a permit to the applicant if it is found that: 21
(i) The animals and the conduct or operation of the exhibit for which the permit is requested, will not constitute a menace to the health, welfare or safety of the community or the animal;
(ii) The premises and facilities where such animals are quartered shall be maintained in a clean and sanitary condition in order to control vermin and disease. All animal waste is to be removed no less than every twenty-four (24) hours;
(iii) The animals are to be provided with adequate food and drinking water;
(iv) All animal cages and enclosures are to be constructed of fire resistant material accompanied by fire fighting apparatus as may be specified by the Fire Department;
(v) Supervision shall be provided in order to prevent the mistreatment or injury of any animal by a customer or any other person who has access to the animals; no person who has been convicted of the crime of cruelty to animals shall be permitted to care for or have custody of any animals; and
(vi) The premises and facilities comply with such specific regulations as shall be promulgated by the Animal Control Agency, Fire Department, and the Department of Licenses and Inspections to carry out the provisions of this Section. 22
(5) Exceptions. Unless otherwise stated, the provisions of this Section shall not apply to any zoological park or educational institution incorporated or authorized to do business in Pennsylvania as such; any humane society or animal shelter; any veterinary hospital, clinic, or office; any bona fide research institution using animals for scientific research or any primate whose purpose is to assist a handicapped person.
§ 10-106.1. Raccoons. 23
(1) Any person who observes a raccoon anywhere on property under that person's control, engaged in any nuisance activity as defined herein may report such raccoon and its location to the Animal Control Agency.
(2) Raccoons reported pursuant to subsection (1) shall be abated pursuant to regulations promulgated by the Animal Control Agency. Any such regulations shall contain provisions for the immediate employment of abatement procedures that are proven, effective, lawful, and, to the extent practicable, non-lethal.
(3) "Nuisance Activity" for purposes of this Section shall mean any of the following:
(a) A raccoon destroying or damaging personal property.
(b) A raccoon disturbing the peaceful enjoyment of the property by anyone inhabiting or visiting the property.
(c) A raccoon that is obviously sick or diseased and poses a threat to human, farm animal, or pet safety.
§ 10-107. Maintenance and Operation of Commercial Stables for Horses. 24
(1) Commercial Stable License.
(a) No person shall own, operate, maintain, or permit the maintenance of a commercial stable on property which he owns, leases, or otherwise controls within the City of Philadelphia, unless a license shall have been obtained from the Animal Control Agency, as hereinafter provided. 25
(b) Applications for such license shall be made to the Department of Licenses and Inspections. Every applicant shall supply such information as the Department of Licenses and Inspections requires and except for the Philadelphia Police Mounted Unit shall pay an application fee of one hundred dollars ($100.00) plus an annual fee, refundable if the application is refused, of one dollar ($1.00) for each stall or unit within which a single horse shall be accommodated.
(c) Licenses so issued shall be posted at the location where the horses are kept, in an open, conspicuous and reasonably accessible manner, at or near the entrance.
(d) Licenses under this article shall expire on the first day of July of each year. Applications for renewal shall be made to Department of Licenses and Inspections and shall contain such information required by the Department of Licenses and Inspections to enable it to determine if the applicant is qualified to continue to hold a license. It shall be accompanied by a renewal fee, based upon the number of horses accommodated, as set forth in (b) above.
(e) All such licenses shall be conditioned upon continued compliance by the licensee with the applicable provisions of this Section.
(2) Requirements of a Commercial Stable.
(a) No commercial stable shall be granted a license unless it shall employ a full-time operator/manager and shall possess equipment, materials and facilities sufficient for the proper care, feeding, bedding, and custody of horses in accordance with regulations promulgated pursuant to this Section.
(b) No stable shall operate or be granted a license to operate unless it shall maintain facilities and services which shall:
(i) Provide adequate quarters. Stables and stalls shall be clean and dry and sufficient bedding of straw, shavings or other suitable material shall be furnished and changed as often as necessary to maintain them in a clean and dry condition. Adequate heating and ventilation shall be maintained in stables as provided by the Department of Public Health;
(ii) Provide that in the case of horses maintained at grass, there will be maintained for them at all times adequate grass;
(iii) Provide that horses will be maintained in a good state of health and that, in the case of a horse kept for hire, for instructional riding, or for any other purpose, the horse will be suitable for the purpose for which it is kept and capable of so performing;
(iv) Not knowingly permit a rider, customer or any other person to mistreat or injure any horse nor knowingly permit a rider, customer, or any other person convicted of cruelty to animals to have access to any horse;
(v) Provide for and have available stable equipment and saddlery necessary to perform the services offered by the stable;
(vi) Provide for the removal of manure every twenty-four (24) hours from each stall;
(vii) Conform with all zoning and building regulations set forth in The Philadelphia Code governing construction and occupancy;
(viii) Comply with such specific regulations as shall be promulgated by the Animal Control Agency, the Fire Department, or the Department of Licenses and Inspections to carry out the provisions of this Section. 26
§ 10-108. Rental and Carriage Horses. 27
(1) Rental and Carriage Horse Licenses.
(a) No person shall use or offer the use of any horse in a rental riding or carriage horse business unless such horse shall be licensed by the Department of Licenses and Inspections. The Animal Control Agency in conjunction with the Department of Licenses and Inspection shall promulgate regulations for the licensing of rental and carriage horses, which regulations may from time to time revise the annual license or renewal fee to reflect the costs incurred by the City in regulating rental and carriage horses under this Section. Unless otherwise provided by regulation, the annual fee for a license or renewal of a license shall be twenty-five dollars ($25.00) per horse. No license shall be transferable. All applications for a license or the renewal of a license shall be accompanied by a health certificate signed and dated by the examining veterinarian. 28
(b) Horses shall be sold or disposed of only in a humane manner. The Department of Licenses and Inspections shall be notified of the transfer of ownership or other disposition of a licensed horse within ten (10) days of the transfer or disposition. Upon the transfer of ownership of any horse to a new owner, the new owner shall obtain a license for such horse within fifteen (15) days after the date of the transfer of ownership.
(c) Each horse licensed pursuant to this Section shall be assigned an official identification number by the Department of Licenses and Inspections. The identification number shall be displayed on the horse, in a manner provided by regulation, at all times the horse is being worked. 29
(d) The certificate of license shall at all times remain at the stable where the horse is kept and shall be available for inspection by animal control officers of the Animal Control Agency or persons designated by the Animal Control Agency to enforce this Chapter.
(2) Working Conditions.
(a) Owners shall insure that appropriate and sufficient food and drinking water are available for each horse and that while working each horse is permitted to eat and drink at reasonable intervals, provided however that horses shall not be allowed to drink in large quantities unless first rested.
(b) Owners shall not allow a horse to be worked on a public highway, path or street when the temperature is over ninety-one (91) degrees Fahrenheit, or when the wind chill factor is less than twenty-six (26) degrees Fahrenheit, or during other dangerous conditions which are a threat to the health or safety of the horse. A horse being worked when such conditions develop shall be immediately returned to the stable by the most direct route. The Animal Control Agency shall promulgate regulations specifying how the temperature and wind chill factor shall be measured for purposes of this subsection, and how persons working horses shall determine that the temperature is not within the permitted range. 30
(c) Carriage horses shall not be in harness for more than nine (9) hours in any continuous twenty-four (24) hour period. Riding horses shall not be at work for more than ten (10) hours in any continuous twenty-four (24) hour period. Riding horses shall be rested a minimum of fifteen (15) minutes for every riding hour. Carriage horses shall be rested a minimum of fifteen (15) minutes for every pulling hour. Daily records shall be maintained as prescribed by regulation of the Animal Control Agency, indicating the time and daily activity of a rental horse and shall be available for inspection by animal control officers or others authorized by the Animal Control Agency. 31
(d) Carriage horses shall not be driven at a pace faster than a trot.
(e) Saddles, blankets, harness, bridles and bits and any other equipment shall be properly fitted and kept in good repair. Blankets, bridles and bits shall not be used by another horse unless first disinfected.
(f) A rental horse or carriage horse which suffers from any physical disability may be ordered to be removed from work until such time as deemed appropriate by a veterinarian authorized or retained by the Animal Control Agency.
(g) Horses shall not be left untethered or unattended except when confined in a stable or other enclosure.
(3) Medical Care.
(a) Every horse required to be licensed under this Section shall be examined by a veterinarian prior to its use in a rental horse or carriage business and thereafter at intervals of not less than once a year. The horse shall be examined and treated for internal parasites; for its general physical condition, which is to include inspection of teeth, hoofs, and shoes; and for its physical ability to perform the work or duties required of it. The examination shall also include a record of any injury, disease, or deficiency observed by the veterinarian at the time, together with any prescription or humane correction or disposition of same. A health certificate provided by the Animal Control Agency and signed by a veterinarian shall be maintained at the stable premises at which such horse is located, and shall contain the identification number, age and condition of the horse, as well as the maximum number of hours a day that, in the opinion of the veterinarian said horse should work. A copy of said certificate shall be filed with the Animal Control Agency.
(b) Horses shall be kept clean and in an ectoparasite control program. Carriage horses shall be trimmed or shod as often as necessary or appropriate.
(4) Removal from Work. A horse required to be licensed under this Section which is lamed or suffers a physical condition or illness making it unable for work may be ordered to be removed from work by an Animal Control Officer or other designee of the Animal Control Agency. A horse for which such an order has been issued shall not be returned to work until it has recovered from the condition which caused the issuance of the order or until such condition has improved sufficiently that its return to work will not aggravate that condition or otherwise endanger the health of the horse. In any proceeding under this Section, it shall be presumed that a horse which is found at work within forty-eight (48) hours after the issuance of an order of removal and which is disabled by the same condition which caused such order to be issued has been returned to work in violation of this Section. Such presumption may be rebutted by offering a certificate of a veterinarian indicating suitability to return to work prior to the expiration of the forty-eight (48) hour period.
(5) Further Regulations to be Promulgated. The Animal Control Agency shall promulgate such further regulations which may be required to carry out the intent of this Section, or to further safeguard the health and humane treatment of rental and carriage horses.
§ 10-108.1. Horse Licenses. 32
(1) Horse License. No person shall keep any horse for more than 30 days, whether privately or at a commercial stable, unless he or she obtains a license for such horse from the Animal Control Agency pursuant to this Section. This Section shall not apply to horses subject to Section 10-108 (Rental and Carriage Horses).
(a) Application and Administration.
(i) Applications for a horse license, or for renewal of such license, shall be made to the Animal Control Agency. Every applicant shall supply such information as the Animal Control Agency requires and shall, at the time of application, pay an annual fee of $100 for each horse licensed, or such other amount as the Animal Control Agency may by regulation specify. Licenses under this Section shall expire annually on July 1.
(ii) Every license application shall provide the name of the horse and identify the horse in one of the following ways:
(.1) By one or more color photographs of the horse sufficient to positively identify the horse.
(.2) By a specific written physical description of the horse sufficient to positively identify the horse by reference to breed, color, markings, and individual characteristics unique to the horse.
(.3) By the identification number of a microchip permanently implanted in the horse, along with either a general written description of the horse's breed, color, and markings, or a color photograph of the horse.
(iii) The Animal Control Agency may authorize any commercial stable to accept license applications for horses kept at such stable on behalf of the Animal Control Agency. Commercial stables accepting license applications pursuant to this section shall submit a completed license application, along with payment, to the Animal Control Agency within thirty days of completion of such application. Nothing in this subsection (1)(a)(iii) shall relieve the person seeking the services of the commercial stable from the obligations imposed by this Section.
(i) Licenses shall be conditioned upon compliance by the licensee with the provisions of this Section, and all other provisions of The Philadelphia Code relating to animals, including, but not limited to, all applicable building, construction, maintenance, and zoning requirements.
(ii) A license may be denied or revoked based upon a conviction for violation of 18 Pa. C.S. §§ 5511 through 5511.3 (pertaining to cruelty to animals and related matters), 18 Pa. C.S. § 3129 (pertaining to sexual intercourse with animals), or any similar offense or offenses under the laws of another jurisdiction, whether or not such conviction is related to the horse for which the license would be or was issued.
(2) The Animal Control Agency is authorized to issue regulations to implement and enforce this Section.
§ 10-108.2. Private Keeping of Horses. 33
(1) No person shall keep any horse at any location, other than at a commercial stable validly licensed pursuant to Section 10-107 (Maintenance and Operation of Commercial Stables for Horses), unless such person complies with all of the following requirements:
(a) At least one quarter of an acre of open space, per horse, shall be provided to each horse, unless the horse remains in the City for less than 24 hours. All open spaces shall be fully bounded by a permanent enclosure adequate to prevent escape.
(.1) Where no more than two horses are kept in the same space, an exercise plan, adequate to maintain good health and approved by an equine veterinarian, may be followed in lieu of meeting the minimum open space requirement set forth in subsection (1)(a). A daily log shall be maintained documenting compliance with such exercise plan.
(b) A stable or other suitable shelter for protecting horses from the elements shall be provided and available to horses at all times. All shelter areas shall be clean and dry. Sufficient bedding of straw, shavings or other suitable material shall be furnished and changed as often as necessary to maintain them in a clean and dry condition. Adequate ventilation shall be maintained in stables.
(c) Adequate food and water shall be provided for all horses.
(d) All areas accessible to horses shall be cleared of manure at least once every 24 hours. Manure shall be stored in leakproof containers with overhead protection that directs rain and melting snow or ice away from the container. Containers shall be kept on a flat surface, and at least 50 feet from any storm drain or body of water. Manure shall be removed from the property at least weekly during the months of November through April, and at least twice a week during the months of May through October.
(e) Horses shall not be left unattended except when in an enclosure adequate to prevent escape, or when properly tethered.
(f) Horses shall be maintained in good health and shall not be subjected to injurious treatment or conditions, and shall receive adequate veterinary care.
(g) The owner of any horse, or any person in control of the stable at which the horse may be kept, shall grant access to such horse at any time for inspection by the Animal Control Agency.
(h) The certificate of license shall at all times remain at the location where the horse is kept and shall be available for inspection, except that this subsection (1)(h) shall not apply where no license is required under this Chapter.
(2) The Animal Control Agency is authorized to issue regulations to implement and enforce this Section. The Department of Streets and the Board of Health are authorized to issue regulations regarding the handling and disposal of manure and bedding materials.
§ 10-109. Sterilization of Dogs and Cats; Records. 34
(1) Sterilization of Adopted Dogs and Cats. No animal shelter shall release a dog or cat to a person for adoption unless the animal has been sterilized by a licensed veterinarian; provided, however, that such requirement shall not apply under the following circumstances:
(a) A licensed veterinarian certifies that he or she has examined the dog or cat and found that, because of a medical reason, the life or well-being of such dog or cat would be endangered by sterilization.
(b) The dog or cat is released into foster care. For purposes of this exception, the term "foster care" means the care provided by a private person who commits to maintain the animal in such person's home, on a temporary basis, while a permanent adoptive owner of the animal is sought.
(c) Reclamation of Adopted Animals. Notwithstanding the provision for penalties upon violations of this Section, any dog or cat not sterilized in accordance with Section 10-109(1)(b) may be reclaimed by the animal shelter without refund of any fee or deposit.
(2) Sale of Unsterilized Animals Prohibited. No animal retailer shall sell a dog or cat on a retail basis unless the animal is of an appropriate age for sterilization and the animal has been sterilized by a licensed veterinarian. In addition to a fine for any unsterilized cat or dog sold in violation of this subsection, the Animal Control Agency may order an animal retailer to cease operations for up to one year from the date of a violation.
(3) Exception to Sterilization Requirements. Subsections (1) and (2) shall not apply with respect to the following:
(a) Dogs obtained by a governmental entity for purposes of law enforcement or public safety.
(b) Dogs obtained as guide dogs for the blind, or as service dogs for persons with handicaps.
(c) Dogs or cats of a recognized breed, obtained for purposes of participation in a recognized competition. The Animal Control Agency shall promulgate regulations specifying the requirements for establishing that a dog or cat is of a recognized breed and has been obtained for purposes of a recognized competition.
(4) Animal Records.
(a) Every animal retailer shall maintain records of dog and cat sales, the identity of all breeders supplying dogs and cats to the animal retailer, sterilization procedures performed at the request of the animal retailer, records of any vaccinations or veterinary care provided to the animal, and veterinarian letters and certificates received, and shall retain such records, letters and certificates for a period of two years. Such records, letters and certificates shall be made available to the Animal Control Agency in such format as the Animal Control Agency may by regulation direct.
(b) Every animal retailer shall provide the following to a purchaser of a dog or cat at the time of sale: the breeder's name, address and state license number; a current, valid rabies certificate; and records of any other vaccinations or veterinary care provided to the animal and certificate of sterilization. If the breeder is not known, the name and address of the dealer from whom the dog or cat was obtained shall be provided.
(c) With respect to dogs, the provisions of this subsection (4) shall be in addition to the requirements of the Dog Purchaser Protection Act, Act of June 25, 1997, P.L. 287, No. 27, § 1 (73 P.S. § 201-9.3).
§ 10-110. Feeding Pigeons. 35
(1) No person shall feed any pigeon in any public street, square, park, or place of public resort.
§ 10-111. Killing Birds. 36
(1) No person shall capture, wound, or kill any bird except in accordance with the provisions of Title 6.
§ 10-112. Keeping Farm Animals. 37
(1) No person shall keep a farm animal anywhere except:
(a) at a licensed slaughterhouse or commercial retailer of live animals sold to be killed for use as food;
(b) if the animal was purchased to be killed for food and is kept for no more than 24 hours;
(c) at a zoological park;
(d) at a veterinary hospital or clinic;
(e) at an animal shelter;
(f) at a circus or other licensed entertainment venue;
(g) at a facility used for educational or scientific purposes, such as schools and laboratories; or
(h) on a parcel of real property of 3 or more acres, provided this subsection (h) shall not apply with respect to pigs.
§ 10-113. Sale of Horse Meat. 38
(1) No person shall sell or possess with intent to sell any horse meat for human consumption.
(2) The penalty for violation of this Section shall be one hundred (100) dollars for each offense.
§ 10-114. Animal Care – Requirements for Animal Owners and Kennels. 39
(1) Every person who owns any animal or who owns, conducts, manages or operates any kennel shall comply with all of the following conditions:
(a) Buildings and enclosures in which animals are kept shall be maintained in a clean and sanitary condition to control odors and prevent the spread of disease. Enclosures shall be kept in good repair.
(b) Animals shall be supplied with appropriate food and potable water, free from contaminants, as often as the feeding habits of the respective animals require.
(c) Animals shall not be neglected, abused, or mistreated, and no condition that presents an immediate threat to the welfare of an animal may be maintained.
(d) No animal shall be allowed to constitute or cause a hazard, or be a menace to the health, peace or safety of the community.
(2) Every person who owns, conducts, manages or operates any kennel shall, in addition to the requirements of subsection (1), comply with all of the following conditions:
(a) All facilities and animal enclosures shall be constructed so as to prevent escape of animals, restrict the entrance of other animals, and protect the animals from injury, and shall be kept structurally sound and in good repair. All facilities, including areas where animals are kept, must be equipped with working smoke alarms and shall have a means of fire suppression on the premises. Animals shall be afforded appropriate shelter from the elements at all times.
(b) All animal enclosures, including, but not limited to rooms, cages, kennels and kennel runs, shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein. An enclosure with a wire bottom may never be used. Enclosures shall be securely placed and fastened so that there is no danger of an enclosure falling; the animals do not have direct access to one another; and waste from one enclosure cannot be transmitted to another. Food and water containers must be secured to prevent spillage. Crates may be stacked no more than two high.
(c) Animals shall be directly observed at least once every 12 hours. Whenever any animal is left unattended, the telephone number of the Animal Control Agency, and the name, address and telephone number of the responsible person, shall be posted in a conspicuous place at the front of the property. Kennels that breed 51 or more dogs or cats in a year shall provide staffing at least eighteen (18) hours per day.
(d) Sick animals shall be isolated so as not to endanger the health of other animals. Animals shall be vaccinated as required by law. Newborn animals and new animals introduced into a kennel shall receive a wellness examination from a licensed veterinarian within three calendar days after entry into the kennel.
(e) Animals shall be so maintained as to eliminate excessive and nighttime noise.
(3) In addition to the requirements of subsections (1) and (2), any person who owns or has possession, custody or control of a dog shall not allow the animal to remain outdoors (except for brief walks and brief periods of exercise) whenever a Code Blue, Code Grey or Code Red weather emergency has been declared by the City. 40
(a) A dog shall be considered outdoors unless the dog has access to a doghouse or structure that is in good repair and complies with the following requirements:
(.1) It shall be of a suitable size to accommodate the dog in both standing and lying positions;
(.2) It shall be moisture-proof, windproof, ventilated, and in cold temperatures shall promote the retention of body heat;
(.3) It shall be made of durable material with a solid, moisture-proof floor raised at least two inches from the ground;
(.4) It shall have a sufficient quantity of suitable clean bedding material consisting of hay, straw, cedar shavings or the equivalent to provide insulation and protection against cold and dampness;
(.5) Drinking water is available in a clean, liquid state. Snow or ice is not an acceptable water source;
(.6) The doghouse or similar structure and the surrounding area shall be free from excessive dirt, trash and waste;
(.7) In Code Blue and Code Grey situations (relating to extreme cold temperatures), in addition to the requirements set forth in subsections (3)(a)(.1) through (.6), the doghouse or similar structure shall have a windbreak at the entrance; and
(.8) In Code Red situations (relating to extreme heat), in addition to the requirements set forth in subsections (3)(a)(.1) through (.6), all dogs must be afforded one or more separate areas of shade large enough to accommodate the entire body of the dog at one time and protect it from the direct rays of the sun.
§ 10-115. Penalties and Sanctions. 41
(1) Except as provided, the penalty for violation of any Section of this Chapter is a fine of no less than one hundred fifty (150) dollars and no more than three hundred (300) dollars.
(a) Violations of §§ 10-103.1 (Kennels), 10-104.1 (Dog Fighting), 10-104.2 (Vicious Animals in Playgrounds), 10-109 (Sterilization of Animals; Records), or 10-114 (Animal Care – Requirements for Animal Owners and Kennels) shall be Class III violations, and the minimum fine shall be $500. In addition to any fine, imprisonment for not more than 90 days may be imposed for a violation of § 10-104.2.
(b) A violation of § 10-104(1), pertaining to animals running at large, where the animal has been sterilized, may be punished by a fine of up to $150. A violation of § 10-104(1) where the animal seized has not been sterilized shall be a Class III offense, and the minimum fine shall be $500, provided that such fine shall be waived if the owner agrees to permit the Animal Control Agency to sterilize the animal. The Animal Control Agency may charge a reasonable fee for sterilization not to exceed the cost of sterilizing the animal. Notwithstanding § 10-115(2), a violation of § 10-104(1) involving an unsterilized animal occurring within 12 months of any prior violation of § 10-104(1) by the same person shall be a Class III violation, and the minimum fine shall be $750. Any animal, whether or not sterilized, seized in connection with such successive violation, may be subject to forfeiture.
(c) The penalty for a violation of § 10-108.1 (Horse Licenses) or § 10-108.2 (Private Keeping of Horses), or for violation of any regulation issued pursuant to either section, shall be a fine of $300. Provided that where a violation or violations of § 10-108.2 has resulted in the inhumane treatment of a horse, the horse may further be forfeited, provided that the value of the horse is not greater than $2,000; if the value of the horse is greater than $2,000, then a fine of $2,000 shall be imposed in lieu of forfeiture. 42
(i) In addition to issuing a notice of violation, whenever there is probable cause to believe that violation of § 10-108.2 has resulted, or will imminently result, in the inhumane treatment of a horse, a police officer may immediately seize the horse. The owner shall be liable for the costs of seizing and maintaining the horse during any period of seizure.
(ii) When a horse is seized pursuant to subsection (1)(c)(i), notice shall be provided to the owner within thirty (30) days of seizure of the place to which the horse has been removed, the reason the horse was seized, and the costs of seizing and maintaining the horse (including ongoing costs). The owner may appeal the seizure to the Board of Licenses and Inspections Review pursuant to § 9-103(2) and (3), and Board procedures.
(iii) The horse shall not be returned to the owner until the owner pays all fines and costs, and demonstrates to the satisfaction of the Animal Control Agency that the horse will be maintained in compliance with §§ 10-108.1 and 10-108.2. In no event shall a horse be returned to the owner while either judicial proceedings to forfeit the horse are pending, or the time for timely appeal in any such proceeding has yet to expire.
(iv) Where it would be impracticable for the owner to maintain a horse in compliance with § 10-108.2, the Animal Control Agency may, at its discretion, permit the owner to forfeit such horse voluntarily in lieu of the payment of all or any portion of fines, costs of seizure, and maintenance.
(2) Repeat Offenders. Any person who commits, on more than one occasion, a violation of any Section of this Chapter, except §§ 10-103 (Licensing and Rabies Vaccination), 10-103.1 (Kennels), 10-104(1) (pertaining to Animals Running at Large), 10-104.1 (Dog Fighting), 10-105 (Animals Committing Nuisances), 10-109 (Sterilization of Animals; Records), 10-113 (Sale of Horse Meat), or 10-114 (Animal Care – Requirements for Animal Owners and Kennels) shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred (300) dollars, or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.
(3) Quarantine Orders. If, at any time, it shall appear to the Commissioner of Health that any animal is infected with a disease dangerous to the public health, the Commissioner may trace, or cause to be traced, the whereabouts of said animal and determine the identity and whereabouts of any other animals which may have been in contact with, or exposed to, such diseases; and if the Commissioner determines that the interests of public health require, he may cause any place or premises, whether licensed under this Chapter or not, to be quarantined pursuant to the regulations issued by the Department of Public Health for such time as the Commissioner or his designee shall determine, to protect public health.
The Commissioner of Health may prohibit the sale or importation into the City of Philadelphia of such animals from such places or areas, as he may by like determination find that such danger exists.
(4) Department Orders. Orders requiring either action or forbearance with the provisions of this Chapter shall be issued by the appropriate Departments and Agencies responsible for the implementation of this Chapter in accordance with the established procedures.
(5) Administrative Enforcement and Sanctions. Whenever any licensed facility housing animals is found to be conducted in a manner contrary to any provisions of this Chapter, regulations promulgated pursuant hereto, or any conditions of such license, the Department finding the violation or any animal control officer shall notify the owner or operator in writing that unless the violation is corrected within a specified period of time, the license may be suspended, revoked or other sanctions under this Chapter undertaken.
Any person who shall violate any provision of this Chapter, any regulations adopted hereunder, or any condition of any required license shall be subject to the following sanctions, in addition to any other sanction or remedial procedure imposed by Statutes of the Commonwealth of Pennsylvania or Acts of the United States Government:
(a) Closing of Facilities. If the Animal Control Agency determines that it is in the best interest of the health, safety, and welfare of the City of Philadelphia, the Animal Control Agency may issue an Order closing the offending facility until such time as compliance with this Ordinance is attained.
(b) Denial, Revocation, or Suspension of License. The Department of Licenses and Inspections, Animal Control Agency or the Fire Department may withhold, deny, revoke, or temporarily suspend for a period not to exceed one (1) year, any license or permit issued or applied for in accordance with the provisions of this Chapter. Such license or permit may also be withheld, denied, revoked, or temporarily suspended upon a finding that the licensee has been guilty of any of the following:
(i) Violation of any provision of this Chapter or any regulation made pursuant thereto;
(ii) Material misstatement in the application for a license or in the application for renewal thereof;
(iii) Aiding or abetting another in the violation of this Chapter or of any regulation made pursuant thereto; and
(iv) Allowing a license issued under this Article to be used by an unauthorized person.
(c) Administrative Hearing. Except for cases declared by the Managing Director to constitute an immediate threat to the health, safety, or welfare of the City of Philadelphia, closing of facilities or denial, revocation or suspension of license shall not take place without an administrative hearing to be conducted by the appropriate department, pursuant to procedures established by that department.
§ 10-116. Severability. 43
If any clause, sentence, paragraph or part of this Chapter, or the application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Chapter nor the application of such clause, sentence, paragraph or part to other persons or circumstances, directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that this Chapter would have been adopted had such provisions not been included or such persons or circumstances been expressly excluded from their coverage.
§ 10-117. Retail Sale of Dogs and Cats. 43.1
(1) No pet shop shall offer for sale any dog or cat unless it has obtained the dog or cat from, or displays the dog or cat in cooperation with, an animal care facility or an animal rescue organization.
(2) No pet shop shall offer for sale a dog or cat that is younger than eight weeks old.
§ 10-118. Prohibition on Sales in Public Places. 43.2
(1) It shall be unlawful for any person to offer for sale any dog or cat at or on any street, public right-of-way, parkway, median, park, recreation area, outdoor market, or parking lot regardless of whether such access is authorized by the owner.
(2) This Section shall not apply to the following:
(a) The display or offer for sale of dogs or cats by an animal care facility or an animal rescue organization; or
(b) The display of dogs or cats as part of a state or county fair exhibition, 4-H program, or similar exhibitions or educational programs.
Amended and new Sections added, 1986 Ordinances, p. 840.
Amended, Bill No. 121002 (approved March 5, 2013), effective July 1, 2013.
Added, 1986 Ordinances, p. 840; amended, Bill No. 110210-A (approved May 25, 2011).
Added, 1986 Ordinances, p. 840; amended, 1992 Ordinances, p. 550; amended, Bill No. 110210-A (approved May 25, 2011).
Amended, Bill No. 140052 (approved June 4, 2014).
Amended, Bill No. 120049 (approved June 27, 2012).
Added, Bill No. 110210-A (approved May 25, 2011).
Renumbered, amended and subsection added, 1986 Ordinances, p. 840; amended, Bill No. 110210-A (approved May 25, 2011).
Amended, 1973 Ordinances, p. 303; amended and subsections (2), (6) and (8) added, 1980 Ordinances, p. 813; subsection (8) amended and subsection (7) added, 1981 Ordinances, p. 365; subsection (2) amended, subsection (5) added and subsections renumbered, 1985 Ordinances, p. 1280; renumbered, 1986 Ordinances, p. 840; amended and subsections (3) and (4) added, Bill No. 000103-A (approved December 6, 2000).
Subsection (4) deleted by Bill No. 050749 (approved January 24, 2006).
Cross-reference corrected by Code editor due to renumbering.
Added, 1986 Ordinances, p. 840.
Enrolled Bill No. 764 read "adoption".
Added, 1986 Ordinances, p. 840; caption amended, Bill No. 121002 (approved March 6, 2013), effective July 1, 2013.
Amended, Bill No. 121002 (approved March 6, 2013), effective July 1, 2013.
Added, 1986 Ordinances, p. 840; amended, Bill No. 110210-A (approved May 25, 2011).
Added, 1986 Ordinances, p. 840; caption and section amended, Bill No. 110210-A (approved May 25, 2011).
Renumbered, 1986 Ordinances, p. 840.
Renumbered, 1986 Ordinances, p. 840.
Renumbered, 1986 Ordinances, p. 840; amended, Bill No. 040566 (approved July 1, 2004).
Renumbered, 1986 Ordinances, p. 840; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081.
Added, Bill No. 110210-A (approved May 25, 2011).
Added, Bill No. 140080 (approved June 4, 2014).
Renumbered, amended and subsection added, 1986 Ordinances, p. 840; amended, 1990 Ordinances, p. 715; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081. Subsection (2) added by Bill No. 758; subsequent subsections renumbered by Code editor. Renumbered and amended, Bill No. 110210-A (approved May 25, 2011).
Added, 1986 Ordinances, p. 840; renumbered, Bill No. 110210-A (approved May 25, 2011).