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PHILADELPHIA HOME RULE CHARTER
THE PHILADELPHIA CODE
TITLE 1. GENERAL PROVISIONS
TITLE 2. CITY-COUNTY CONSOLIDATION
TITLE 3. AIR MANAGEMENT CODE
TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE
TITLE 4.1. ELECTRICAL CODE
TITLE 4.2. PROPERTY MAINTENANCE CODE
TITLE 5. FIRE PREVENTION CODE
TITLE 6. HEALTH CODE
TITLE 7. HOUSING CODE
TITLE 8. PLUMBING CODE
TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY
CHAPTER 10-100. ANIMALS
CHAPTER 10-200. ETHNIC INTIMIDATION AND INSTITUTIONAL VANDALISM
CHAPTER 10-300. MINORS
CHAPTER 10-400. NOISE AND EXCESSIVE VIBRATION
CHAPTER 10-500. PROPERTY - DAMAGING, DEFACING AND INTERFERING WITH
CHAPTER 10-600. PUBLIC PLACES - PROHIBITED CONDUCT
CHAPTER 10-700. REFUSE AND LITTERING
CHAPTER 10-800. SAFETY
CHAPTER 10-900. CRIMINAL REGISTRATION
CHAPTER 10-1000. FEES
CHAPTER 10-1100. OBSCENITY
CHAPTER 10-1100A. DEVELOPMENT IN DEFINED FLOOD PLAIN AREAS (Repealed)
CHAPTER 10-1200. POSTING OF SIGNS
CHAPTER 10-1300. DISPLAY OF OBJECTIONABLE PUBLICATIONS AND MATERIALS
CHAPTER 10-1400. "TAILGATING" AND RELATED ACTIVITIES IN THE OUTDOOR PUBLIC PARKING LOTS AT THE PHILADELPHIA SPORTS COMPLEX
CHAPTER 10-1500. INTERFERENCE WITH ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
CHAPTER 10-1600. CONDUCT IN PUBLIC PLACES OF ASSEMBLY; ADMINISTRATIVE ADJUDICATION OF VIOLATIONS
CHAPTER 10-1700. USE OF SURVEILLANCE TAPES IN COMMERCIAL BUSINESSES
CHAPTER 10-1800. VICARIOUS LIABILITY FOR STUDENT CONDUCT
CHAPTER 10-1900. WITNESS INTIMIDATION
CHAPTER 10-2000. UNLAWFUL MANUFACTURE OF FIREARMS
CHAPTER 10-2100. MARIJUANA POSSESSION
CHAPTER 10-2200. HATE CRIMES
CHAPTER 10-2300. LIABILITY FOR HUMAN TRAFFICKING
CHAPTER 10-2400. PHILADELPHIA GUN VIOLENCE PROTECTION
CHAPTER 10-2500. PROHIBITED PHYSICAL CONTACT BY PEACE OFFICERS
CHAPTER 10-2600. LESS LETHAL DEVICES
CHAPTER 10-2700. CITY REPORTS ON IMPERMISSIBLE CAMPING
TITLE 11. STREETS
TITLE 12. TRAFFIC CODE
TITLE 13. WATER AND SEWER
TITLE 14. ZONING AND PLANNING
TITLE 15. PARKS AND RECREATION
TITLE 16. PUBLIC PROPERTY
TITLE 17. CONTRACTS AND PROCUREMENT
TITLE 18. COMMERCE AND AVIATION
TITLE 19. FINANCE, TAXES AND COLLECTIONS
TITLE 20. OFFICERS AND EMPLOYEES
TITLE 21. MISCELLANEOUS
TITLE 22. PUBLIC EMPLOYEES RETIREMENT CODE
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§ 10-108.2. Private Keeping of Horses. 37
   (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.
§ 10-109. Sterilization of Dogs and Cats; Records. 38
   (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).
§ 10-110. Feeding Pigeons. 39
   (1)   No person shall feed any pigeon in any public street, square, park, or place of public resort.

 

Notes

39
   Renumbered, 1986 Ordinances, p. 840.
§ 10-111. Killing Birds. 40
   (1)   No person shall capture, wound, or kill any bird except in accordance with the provisions of Title 6.

 

Notes

40
   Renumbered, 1986 Ordinances, p. 840.
§ 10-112. Keeping Farm Animals. 41
   (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).
§ 10-113. Sale of Horse Meat. 42
   (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.
§ 10-114. Animal Care – Requirements for Animal Owners and Kennels. 43
   (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. 44
      (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.

 

Notes

43
   Added, Bill No. 110210-A (approved May 25, 2011).
44
   Added, Bill No. 140080 (approved June 4, 2014).
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