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(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. |
(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). |
(1) Except as provided, the penalty for violation of any Section of this Chapter is a fine of no less than one hundred fifty dollars ($150) and no more than three hundred dollars ($300).
(a) Violations of Section 10-103.1 (Kennels), Section 10-104.1 (Dog Fighting), Section 10-104.2 (Vicious Animals in Playgrounds), Section 10-109 (Sterilization of Animals; Records), or Section 10-114 (Animal Care – Requirements for Animal Owners and Kennels) shall be Class III violations, and the minimum fine shall be five hundred dollars ($500). In addition to any fine, imprisonment for not more than 90 days may be imposed for a violation of Section 10-104.2.
(b) A violation of subsection 10-104(1), pertaining to animals running at large, where the animal has been sterilized, may be punished by a fine of up to one hundred fifty dollars ($150). A violation of subsection 10-104(1) where the animal seized has not been sterilized shall be a Class III offense, and the minimum fine shall be five hundred dollars ($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 subsection 10-115(2), a violation of subsection 10-104(1) involving an unsterilized animal occurring within 12 months of any prior violation of subsection 10-104(1) by the same person shall be a Class III violation, and the minimum fine shall be seven hundred fifty dollars ($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 Section 10-108.1 (Horse Licenses) or Section 10-108.2 (Private Keeping of Horses), or for violation of any regulation issued pursuant to either Section, shall be a fine of three hundred dollars ($300). Provided that where a violation or violations of Section 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 two thousand dollars ($2,000); if the value of the horse is greater than two thousand dollars ($2,000), then a fine of two thousand dollars ($2,000) shall be imposed in lieu of forfeiture. 46
(.1) In addition to issuing a notice of violation, whenever there is probable cause to believe that violation of Section 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.
(.2) When a horse is seized pursuant to subsection (1)(c)(.1), 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 subsections 9-103(2) and (3), and Board procedures.
(.3) 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 Sections 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.
(.4) Where it would be impracticable for the owner to maintain a horse in compliance with Section 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 Section 10-103 (Licensing and Rabies Vaccination), Section 10-103.1 (Kennels), subsection 10-104(1) (pertaining to Animals Running at Large), Section 10-104.1 (Dog Fighting), Section 10-105 (Animals Committing Nuisances), Section 10-109 (Sterilization of Animals; Records), Section 10-113 (Sale of Horse Meat), or Section 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 dollars ($300), 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:
(.1) Violation of any provision of this Chapter or any regulation made pursuant thereto;
(.2) Material misstatement in the application for a license or in the application for renewal thereof;
(.3) Aiding or abetting another in the violation of this Chapter or of any regulation made pursuant thereto; and
(.4) 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.
Notes
| 45 | 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). |
| 46 | Added, Bill No. 121002 (approved March 5, 2013), effective July 1, 2013. |
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