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(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.
(.1) 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 one hundred dollars ($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.
(.2) Every license application shall provide the name of the horse and identify the horse in one of the following ways:
(.a) By one or more color photographs of the horse sufficient to positively identify the horse.
(.b) 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.
(.c) 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.
(.3) 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)(.3) shall relieve the person seeking the services of the commercial stable from the obligations imposed by this Section.
(b) Conditions.
(.1) 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.
(.2) 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.
Notes
| 36 | Added, Bill No. 121002 (approved March 5, 2013), effective July 1, 2013. |
(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.
Notes
| 37 | Added, Bill No. 121002 (approved March 5, 2013), effective July 1, 2013. |
(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 subsection 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).
Notes
| 38 | Added, 1986 Ordinances, p. 840; Caption and Section amended, Bill No. 110210-A (approved May 25, 2011). |
(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.
Notes
| 41 | Renumbered, 1986 Ordinances, p. 840; amended, Bill No. 040566 (approved July 1, 2004). |
(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 dollars ($100) for each offense.
Notes
| 42 | Renumbered, 1986 Ordinances, p. 840; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081. |
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